[00:00:08] NOW CALL THE REGULAR MEETING OF THE RICHARDSON CITY PLAN COMMISSION TO ORDER ON TUESDAY, MAY 19TH, 2026 AT 6 P.M. THE PLAN COMMISSION CONSISTS OF RICHARDSON RESIDENTS APPOINTED BY THE CITY COUNCIL. THERE ARE SEVEN REGULAR MEMBERS AND TWO ALTERNATES ON THE COMMISSION. ONLY SEVEN MEMBERS WILL VOTE ON AN ISSUE, ALTHOUGH ALL MEMBERS WILL PARTICIPATE IN DISCUSSIONS AND DELIBERATIONS. IN THE CASE OF THE ABSENCE OF A REGULAR MEMBER, A DESIGNATED ALTERNATE WILL VOTE ON THE ISSUE. TONIGHT, WE HAVE SEVEN COMMISSIONERS IN ATTENDANCE. EVERYBODY WILL BE VOTING TONIGHT. THIS MEETING IS A BUSINESS MEETING WILL BE CONDUCTED AS SUCH IN THAT REGARD, AS A COURTESY TO THOSE IN ATTENDANCE, WE REQUEST THAT ALL DEVICES THAT EMIT SOUND BE TURNED OFF OR ADJUSTED SO AS NOT TO INTERRUPT THE MEETING. OUR PROCEEDINGS ARE RECORDED, SO PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD WHEN ADDRESSING THE COMMISSION TONIGHT, WE HAVE THREE PUBLIC HEARINGS ON THE AGENDA. EACH PUBLIC HEARING IS PRECEDED BY A STAFF INTRODUCTION OF THE REQUEST. THE APPLICANT IS THEN PERMITTED 15 MINUTES TO MAKE THEIR PRESENTATION TO THE COMMISSION. THEY MAY RESERVE ANY PORTION OF THIS TIME FOR A FINAL REBUTTAL. TIME SPENT IN ANSWERING QUESTIONS ASKED BY THE COMMISSION IS NOT COUNTED AGAINST THE APPLICANT. ALL SPEAKERS ARE REQUESTED TO COMPLETE A PUBLIC COMMENT CARD AND SUBMIT IT TO THE RECORDING SECRETARY. AJ, THAT'S SITTING RIGHT OVER THERE BY THE LECTERN BEFORE THE MEETING BEGINS. THOSE WISHING TO SPEAK IN FAVOR OR OPPOSITION TO THE REQUEST WILL BE GIVEN THREE MINUTES EACH TO ADDRESS THE COMMISSION. WHEN THE TIMER BEEPS, THE SPEAKER SHOULD CONCLUDE THEIR COMMENTS PROMPTLY. SPEAKERS MUST NOT PHYSICALLY APPROACH MEMBERS OF THE CPC OR STAFF, AND SHOULD REMAIN AT THE LECTERN DURING THEIR COMMENTS. SPEAKERS WITH HANDOUTS MUST PROVIDE THEM TO THE RECORDING SEETARY FOR DISTRIBUTION. IF THERE ARE ORGANIZED GROUPS IN ATTENDANCE, WE SUGGEST THAT YOU COLLECT SELECT REPRESENTATIVES TO PRESENT YOUR OBJECTIONS. THE COMMISSION IS INTERESTED IN GATHERING NEW AND RELEVANT INFORMATION. WE'RE NOT INTERESTED IN REPETITION. PLEASE ADDRESS ALL COMMENTS TO THE COMMISSION, NOT TO MEMBERS OF THE AUDIENCE. AFTER A BRIEF REBUTTAL BY THE APPLICANT, THE HEARING WILL BE CLOSED AND NO FURTHER TESTIMONY WILL BE PERMITTED. SO THOSE ARE THE RULES. NOW WE GET ON WITH THE AGENDA. FIRST ITEM IS A PUBLIC COMMENTS ON AGENDA ITEMS. SO THIS IS A TIME WHEN ANYONE CAN COME FORWARD AND MAKE A COMMENT ABOUT AN ITEM LISTED ON THE AGENDA. THAT IS NOT A PUBLIC HEARING. TONIGHT WE ONLY HAVE TWO ITEMS THAT ARE NOT A PUBLIC HEARING. THAT'S THE MINUTES FROM MAY 5TH, 2026. OR A GENERAL COMMENTS FROM STAFF. SO DOES ANYONE WANT TO COMMENT ON EITHER OF THOSE ITEMS? OKAY. SEEING NONE, WE'LL GET ON TO. [1. Approval of the minutes of the regular business meeting of May 5, 2026. ] FIRST ITEM IS APPROVAL OF THE MINUTES OF THE REGULAR BUSINESS MEETING OF MAY 5TH, 2026. ANY COMMENTS, CORRECTIONS, CHANGES. MOTIONS. COMMISSIONERS. MOTION TO APPROVE THE MINUTES OF THE MEETING FROM MAY 5TH AS PRESENTED. THANK YOU, COMMISSIONER ROBERTS. I'LL SECOND, AND WE HAVE A MOTION AND A SECOND TO APPROVE THE MINUTES OF MAY 5TH, 2026, AS PRESENTED. ALL IN FAVOR THAT PASSES UNANIMOUSLY. NOW, WE'LL GET ON WITH OUR FIRST PUBLIC [2. Zoning File 26-06 – Back Nine Golf: Consider and act on a request for a Special Permit for a Commercial Amusement Center (Indoor Golf Simulator) in an existing approximately 3,000-square-foot lease space at 1920 N. Coit Road, Suite 220, on the east side of Coit Road, south of Campbell Road, and currently zoned LR-M(2) Local Retail. Owner: Pavillion East, Ltd. Staff: Christine Ross. (Public hearing continued from the May 5, 2026, meeting)] HEARING. THIS IS ITEM TWO, ZONING FILE 26-06 FOR BACK NINE GOLF. AND MISS ROSS WILL TAKE US THROUGH THIS. CAN YOU HEAR ME? OKAY. GOOD EVENING EVERYONE. MY NAME IS CHRISTINE. I'M A PLANNER IN THE DEVELOPMENT SERVICES DEPARTMENT. SO THIS IS ZONING FILE 2606. A REQUEST FOR A SPECIAL PERMIT FOR A COMMERCIAL AMUSEMENT CENTER CALLED THE BLACK CALLED THE BACK NINE, WHICH IS AN INDOOR GOLF SIMULATOR LOCATED AT 1920 NORTH COYOTE ROAD. THIS CASE WAS ORIGINALLY SCHEDULED TO BE HEARD AT THE MAY 5TH CITY PLANNING COMMISSION MEETING, BUT DUE TO A SCHEDULING CONFLICT, THE APPLICANT REQUESTED A CONTINUANCE TO THIS MEETING. TODAY. THE COMMISSION OPENED THE PUBLIC HEARING AND CONTINUED IT TO TODAY. THE SUBJECT SITE IS LOCATED AT THE SOUTHEAST CORNER OF NORTH COYOTE ROAD AND WEST CAMPBELL ROAD AND IS ZONED LRM TWO LOCAL RETAIL. THE APPLICANT IS PROPOSING TO LEASE AN APPROXIMATELY 300 ZERO SQUARE FOOT SUITE SPACE IN THE SOUTHERN BUILDING ALONG COYOTE ROAD, AND I HAVE OUTLINED OUTLINED THAT THAT PROPERTY IN RED AND THAT SUITE SPACE WITHIN THAT BUILDING. AND IT'S LOCATED JUST NORTH OF THE WHATABURGER. THE BACK NINE IS A MEMBERSHIP BASED INDOOR GOLF TRAINING FACILITY WITH OVER 200 LOCATIONS ACROSS THE COUNTRY WHERE MEMBERS CAN PRACTICE THEIR SKILLS OR PLAY A ROUND OF GOLF USING ADVANCED TECHNOLOGY THAT TRACKS SWING SPEED, BALL SPEED AND LAUNCH ANGLES. THE TECHNOLOGY COMES IN THE FORM OF [00:05:04] SENSORS THAT DO NOT EMIT SOUND, AND PLAYERS CAN HIT THE BALL WITH A CLUB INTO A PROJECTOR SCREEN THAT EMITS A MUFFLED, THUDDING SOUND. THE SUITE SPACE WILL HAVE FOUR SIMULATOR BAYS, AND UP TO FOUR MEMBERS CAN PLAY IN A BAY AT A SINGLE TIME. NO PERMANENT STAFF WILL BE ON SITE AND MEMBERS CAN ACCESS THE FACILITY 24 OVER SEVEN USING A SECURE DIGITAL ENTRY SYSTEM. THE BACK NINE WILL ALSO OFFER LESSONS WITH PGA TRAINERS. THEY'LL HOST TOURNAMENTS, YOUTH CAMPS AND THEY WILL ALLOW THEIR SPACE TO BE RENTED OUT FOR PRIVATE EVENTS SUCH AS BIRTHDAY PARTIES OR CORPORATE GATHERINGS. THEY WILL HAVE A FEW VENDING MACHINES ON SITE, BUT OTHER THAN THAT, NO FOOD OR ALCOHOL WILL BE SOLD OR SERVED ON SITE. MEMBERS CAN, HOWEVER, BRING THEIR OWN ALCOHOLIC BEVERAGES IN ACCORDANCE WITH THE TEXAS ALCOHOLIC BEVERAGE COMMISSION. THE STATE OF TEXAS DOES NOT PROHIBIT BUSINESSES THAT DO NOT HAVE A LIQUOR LICENSE FROM OPERATING IN THIS MANNER, SO CUSTOMERS ARE ALLOWED TO BRING IN THEIR OWN BEVERAGES AS THEY SEE FIT. THE APPLICANT AND THE BUSINESS WILL ALSO HAVE TO COMPLY WITH OTHER STATE ALCOHOL REGULATIONS SUCH AS LEGAL, DRINKING, AGE, LEGAL, DRINKING HOURS AND A COMMERCIAL AMUSEMENT DESIGNATION IS ESTABLISHED FROM THE ZONING ORDINANCE, AND STAFF IS IN THE OPINION THAT AN INDOOR GOLF SIMULATOR FALLS UNDER THIS DEFINITION. IN 2024, A SPECIAL PERMIT WAS APPROVED FOR ANOTHER INDOOR GOLF SIMULATOR, ALSO NOW CALLED 21 FOR THAT IS LOCATED ON CENTRAL EXPRESSWAY, AND THAT BUSINESS ALSO OPERATES AS THAT BYOB ALCOHOL BRING YOUR OWN BEVERA FACILITY. OTHER COMMERCIAL AMUSEMENT CENTERS INCLUDE AN INDOOR GO KART TRACK ON CAMPBELL ROAD AND AN INDOOR PLAYGROUND LOCATED AT LOCATED ON LOCKWOOD STREET. THIS WAS A RECENT ZONING CASE THAT WE HEARD EARLIER IN THE YEAR. AND HERE'S THE PROPOSED CONCEPT PLAN. SO THEY ARE PROPOSING TO LEASE AN APPROXIMATELY 300 ZERO SQUARE FOOT LEASE SPACE IN RED. THERE ARE TECHNICALLY NINE BUILDINGS LOCATED ON SITE DUE TO DEMISING WALLS. IT LOOKS LIKE THERE'S FEWER, BUT ACCORDING TO THE SITE PLAN, THERE'S NINE BUILDINGS ON SITE. AND HERE'S A PROPOSED FLOOR PLAN. SO THAT MAIN ENTRANCE IS AT THE TOP OF THE IMAGE. IT'S. THIS SWEET SPACE IS WITHIN AN APPROXIMATELY 15,000 SQUARE FOOT RETAIL SPACE WITH MULTI TENANTS AS WELL. THE EXISTING TENANTS IN THE BUILDING INCLUDE A FEW RESTAURANTS, A PARCEL SHIPPING STORE AND A BEAUTY SALON. THERE IS NO ESTABLISHED PARKING RATIO FOR A COMMERCIAL AMUSEMENT CENTER, SO STAFF IS RECOMMENDING A PARKING RATIO OF ONE SPACE FOR EVERY 100FT■!S OF ACTIVITY AREA. AND THIS MEANS THAT THE APPLICANT MUST PROVIDE 30 PARKING SPACES, AND THERE ARE A TOTAL OF 974 PARKING SPACES LOCATED ON SITE. AND HERE'S SOME SITE PHOTOS. SO THE PHOTO AT THE TOP IS THE EAST ELEVATION TAKEN FROM THE PARKING LOT, WITH THE SUBJECT LEASE SPACE OUTLINED IN RED. AND THE BOTTOM PHOTO IS THE SOUTH ELEVATION, ALSO TAKEN FROM THE PARKING LOT. AND THIS IS THE WESTERN ELEVATION FROM THE PARKING LOT. AND THIS ELEVATION FACES QUITE ROAD. ENVISION. RICHARDSON DESIGNATES THIS AREA AS PART AS PART OF THE COMMUNITY COMMERCIAL PLACE TYPE ENTERTAINMENT AND RECREATION FACILITIES ARE IDENTIFIED AS PRIMARY USES AND THEREFORE THIS PLACE TYPE IS CONSISTENT. AND. THERE ARE THREE CONDITIONS ASSOCIATED WITH. WITH TONIGHT'S REQUEST. THE FIRST CONDITION LIMITS THE OPERATOR AND REQUIRES CONFORMANCE WITH THE CONCEPT PLAN. THE SECOND LISTS THE TERMS FOR EXPIRATION AND TERMINATION, AND THE THIRD ESTABLISHES A PARKING RATIO. STAFF HAS NOT RECEIVED ANY CORRESPONDENCE TO DATE FOR THIS REQUEST, AND THE APPLICANT IS HERE TONIGHT AND THEY ARE AVAILABLE FOR ANY QUESTIONS. ANY QUESTIONS FOR MISS ROSS? ALL RIGHT. WHY DON'T WE GO AHEAD AND BRING THE APPLICANT UP. SORRY. WHAT DO YOU WANT ME TO DO. GO THROUGH THE SLIDES IF YOU NEED TO. OKAY. I SHOULD BE FINE WITH THAT. YEAH. HELLO, EVERYONE. MY NAME IS ANDERS HULTMAN AND 1920 NORTHCOTE ROAD. THANK YOU FOR ALLOWING ME TO COME HERE AND SPEAK TODAY. AND AND BASICALLY TALK ABOUT THE BUSINESS THAT I WANT THAT I WANT TO OPEN IN RICHARDSON. FIRST OF ALL, THANK YOU TO CHRISTINE. EXCELLENT JOB [00:10:05] LETTING LETTING EVERYBODY KNOW WHAT THE BUSINESS IS ABOUT. ALSO, A SPECIAL THANK YOU TO ANDREW AND ERICA FOR HELPING ME PREPARE AS WELL. SO FIRST OF ALL, WHY GOLF? WELL, I YOU CAN HEAR SOMETIME FROM THE FUNKY ACCENT. I GREW UP IN SWEDEN. I SPENT MY FIRST 19 YEARS THERE. AND THEN I MOVED OVER TO OKLAHOMA ON A GOLF SCHOLARSHIP. SO, SO I LOVE THAT GAME. I GOT MY EDUCATION THERE. AND THEN I MOVED ON TO THE DFW AREA IN 2002. I, I PLAYED PROFESSIONALLY FOR SIX YEARS, TRAVELED PROFESSIONALLY FOR SIX YEARS, NEVER MADE IT TO THE PGA TOUR. MY LAST YEAR I WAS ON THE SUB TOUR, CALL IT BACK THEN IT WAS CALLED BY.COM, SO I DIDN'T PLAY WELL ENOUGH CONSISTENTLY ENOUGH TO, YOU KNOW, TO REMAIN OUT THERE, BUT ENOUGH TO KNOW I LOVE THE GAME AND I KNOW A WHOLE LOT ABOUT IT. SO HOW DID I COME TO THIS POINT AFTER I, AFTER I QUIT PLAYING GOLF IN 2008, I JOINED ANOTHER FRANCHISE IN THE BOUTIQUE FITNESS INDUSTRY HOT YOGA, PILATES, HOT BAR HAD HAD TWO LOCATIONS. THEY WERE CALLED SUNSTONE. I GOT RID OF MY LAST ONE OR SOLD, SOLD THE LAST ONE LAST YEAR. SO I AM WELL VERSED IN WHAT A FRANCHISE IS AND HOW THEY OPERATE AND HOW TO AND HOW TO DEAL WITH THEM. SO I CAME ACROSS THIS BACK NINE INDOOR GOLF OPPORTUNITY, AND I'M AN OUTDOOR GOLFER. SO I WAS A LITTLE BIT CAUTIOUS ABOUT IT, BUT I DID MY DUE DILIGENCE AND I SIGNED UP FOR A MEMBERSHIP AND, AND I SAW THE BENEFITS. SO THE WAY THAT I SEE THIS IS PLAY INSIDE TO PLAYING PRACTICE ON THE INSIDE TO MAKE YOUR GAME BETTER ON THE OUTSIDE. AND THAT'S, THAT'S WHAT I WILL PUSH WITH THIS BUSINESS. THAT'S WHAT THE MOST SUCCESSFUL FRANCHISEES HAVE DONE. BECAUSE WHEN IT'S 72 DEGREES OUTSIDE AND IT'S NICE WEATHER, IF YOU DO HAVE A MEMBERSHIP SOMEWHERE, YOU SHOULD BE OUTSIDE PLAYING. BUT ANY OTHER TIME WHEN IT'S, WHEN IT'S DARK, WHEN IT'S RAINY, WHEN IT'S COLD, WHEN IT'S TOO HOT, YOU CAN COME INTO OUR FACILITIES AND AND GET QUALITY PRACTICE. THE TECHNOLOGY THESE DAYS I WISH WAS AROUND WHEN I WAS GROWING UP, BECAUSE YOU GET INSTANT FEEDBACK ON EVERY SHOT ON SPIN RATES, YOU KNOW, LAUNCH ANGLE DISTANCE, AND IT JUST HELPS TREMENDOUSLY IN YOUR PRACTICE. SO I SEE THIS WITH, WITH KIDS TODAY, THEIR, THEIR, THEIR IMPROVEMENTS IS NOT LIKE THIS. IT'S MORE, VERY MUCH DEEPER FOR THE ONES WHO TAKES TAKES IT SERIOUSLY. I DO, I DO BELIEVE CHRISTINE MENTIONED MOST OF MY BULLET POIS ABOUT EXPLAINING THE BUSINESS, SO I'LL SKIP THOSE. BUT BUT BACK NINE Y, BACK NINE. THEY THEY ARE THE BIGGEST THE BIGGEST FRANCHISE IN THE INDOOR GOLF. THEY HAVE OVER 200 LOCATIONS OPEN, BUT THEY HAVE OVER 500 SIGNS. SO WITHIN A YEAR THEY'RE GOING TO HAVE 500. AND TO PUT THAT IN CONCEPT, NOT NOT COMPLETELY OUR COMPETITION, BUT X GOLF HAS 120 AND TOPGOLF HAS 60. NOW THEY ARE LARGER FACILITIES OF COURSE, AND THEY OFFER FOOD AND BEVERAGE. WE DO NOT. BUT WE ARE THE BIGGEST ONE. WHICH ONES? WHICH WILL MAKE IT EASIER TO TO MARKET AND USING ECONOMIES OF SCALE. AND ALSO WILL THIS BUSINESS BE SUCCESSFUL? WELL, THERE'S 48 MILLION U.S. GOLFERS RIGHT NOW AND ONLY 10 MILLION OF THOSE PLAY OUTDOOR EXCLUSIVELY, 19 MILLION OF THOSE DO BOTH. THEY EITHER PLAY INDOOR ONLY OR INDOOR AND OUTDOOR. AND AND I THINK THAT'S A SIGNIFICANT NUMBER. SO SO YES, I DO BELIEVE IT'S A GROWING TREND. IT'S MUCH MORE AFFORDABLE NOW THAN, THAN TO JOIN A COUNTRY CLUB, WHICH THE PRICES HAVE SORT OF RISEN QUITE DRAMATICALLY OVER THE PAST, YOU KNOW, 5 OR 10 YEARS. IT WILL BE A LOW IMPACT BUSINESS OPERATION. I WILL BE THE OPERATOR. AND, AND THE THE MEMBERS WILL BOOK TEE TIMES AND HAVE ELECTRONIC ACCESS TO THE TO THE SPACE ABOUT 15 MINUTES BEFORE AND IT WILL BE CUT OFF AT THE TIME WHEN THEY FINISHED THEIR THEIR HOUR, 2 HOURS OR 3 HOURS OR SLIGHTLY AFTER THAT, IF THERE'S NOBODY IF THERE'S NOBODY ELSE IN LINE TO, TO PLAY AFTER. I DO BELIEVE THAT YOUTH GOLF IS VERY IMPORTANT. SO. SO I WILL HAVE A PARTNERSHIP WITH THE PGA PROFESSIONAL TO HAVE [00:15:01] KIDS CLASSES, KIDS CAMPS THERE. AND IT'S SO, SO BENEFICIAL TO LEARN THE, THE, THE LAWS OF THE BALL, THE NINE BALL FLIGHTS RIGHT OFF THE BAT AND, AND LEARN TO GET THE PROPER PROPER TRAINING AND KNOW WHY YOU MISS A SHOT TO THE RIGHT OR LEFT. THAT'S THAT'S HALF THE BATTLE RIGHT THERE. KNOWING WHY. THEN YOU CAN SELF-CORRECT DURING THE ROUND. AND THAT'S WHAT I SEE KIDS DOING MUCH BETTER TODAY THAN WHEN I WAS GROWING UP. OKAY, CHRISTINE MENTIONED THE ALCOHOL POLICY. WE DO NOT. WE DO NOT. WE'RE NOT GOING TO DO A OBTAIN A LIQUOR LICENSE. OF COURSE. NOW HOURS OF OPERATION. WE ARE. THE BUSINESS PLAN IS DESIGNED TO BE TO BE OPEN 24 OVER SEVEN. THE ABSOLUTE MOST ROUNDS HAPPEN BETWEEN 6 A.M. AND 10 P.M. THE FRANCHISEES THAT ARE OPEN RIGHT NOW, THEY HAVE EXPERIENCED SOME MIDNIGHT PLAY, BUT THAT'S THAT'S TYPICALLY ACTUALLY FROM FROM LAW ENFORCEMENT, FIREFIGHTERS, PEOPLE IN THE MEDICAL INDUSTRY AND SHIFT WORKERS THAT HAVE NONTRADITIONAL SCHEDULES. SO IT HAS A LOT MORE OPENINGS FOR PEOPLE THAT THAT MAY NOT HAVE HAD THAT OPPORTUNITY IN THE PAST TO WIND DOWN AFTER AFTER THEIR SHIFT. SO IN CLOSING, I INTEND TO MAKE THIS A VERY POSITIVE BUSINESS FOR THE CITY OF RICHARDSON TO PROVIDE A YEAR ROUND RECREATIONAL AMENITY, LOW TRAFFIC, LOW NOISE, INDOOR USE, OFFER FLEXIBLE SCHEDULING FOR RESIDENTS WITH VARYING WORK HOURS, AND SUPPORT RICHARDSON'S GROWING RECREATIONAL SMALL BUSINESS COMMUNITY. I THANK YOU FOR HAVING ME HERE AND FOR YOUR CONSIDERATION. ALL RIGHT. THANK YOU. ANY QUESTIONS? COMMISSIONER PURDY? THANK YOU FOR THAT PRESENTATION. I WROTE DOWN A COUPLE QUESTIONS. MY FIRST ONE JUST IS WITH THE ANY SIGNIFICANT CHANGES TO THE SITE PLAN TO ADDRESS THAT PEAK PARKING CONCERN FROM THE NEIGHBORS OR NOISE SPECIFICALLY? I THINK THAT WAS SOME OF THE FEEDBACK PREVIOUSLY. YEAH. SO THE, THE PARKING, THE PARKING, I'VE BEEN ASSURED BY THE LANDLORD THAT THAT IS NOT AN ISSUE. AND ONCE, ONCE ON SITE, IT BECOMES MORE CLEAR BECAUSE THEY HAVE MANY, MANY ROWS OUT FROM, YOU KNOW, FROM THE ACTUAL BUSINESS. SO WHILE PARKING RIGHT IN FRONT OF THE SUITE MAY NOT ALWAYS BE AVAILABLE, THERE'S PLENTY, THERE'S PLENTY OF PARKING. AND YOUR SECOND QUESTION WAS ABOUT NOISE, CORRECT? YES. SO THE DESIGN IS THE THE TECHNOLOGY IS OFFERED BY FULL SWING. AND THEY HAVE A SPACE BETWEEN THE NET SCREEN SORT OF THING AND THE BACK WALL TO CAPTURE TO CAPTURE THE BALL. SO IT'S NOT JUST RIGHT UP UNTIL THE NEXT SUITE. AND WE ALSO WILL HAVE SOME INSULATION IN THE, IN THE CEILING THAT ARE SOUND REDUCING. SO THERE HAS NOT BEEN ANY COMPLAINTS FROM, FROM ANY OTHER BACK NINE THAT I'M AWARE OF ABOUT, ABOUT ANY SOUND ISSUES. SO HOW DO YOU YOU SAID, I THINK IN THE PRESENTATION THERE WAS MENTIONED THERE WAS NO STAFF ON SITE, BUT IT'S OPERATED 24 OVER SEVEN. IS THAT RIGHT? OR DO YOU HAVE SOMEBODY, AN ATTENDANT THERE DURING NORMAL BUSINESS HOURS DURING THE DAY OR. NO, YOU GOT IT RIGHT. AND THE WAY IT WORKS IS SO SO THE FIRST TIME THEY, THEY, THEY SIGN UP FOR BASICALLY A PRESENTATION. ME, I WILL START BEING THE LONE OPERATOR. SO I WILL MEET THEM THERE, SHOW THEM HOW THE, YOU KNOW, HOW THE COMPUTERS AND HOW THE TECHNOLOGY WORKS. BUT AFTER THAT, ALL THEY DO IS SCHEDULE A TIME AND 15 MINUTES BEFORE THEY GET A TEXT AND AN EMAIL AND WE HAVE A RHOMBUS SORT OF AN ELECTRONIC LOCK, AND IT OPENS THE DOOR WHEN THEY'RE IN PROXIMITY. SO THEN THEY JUST GO IN THERE AND THEY PLAY THE ROUND AND AND THEY EXIT. SO YES, IT'S DESIGNED TO NOT HAVE ANY STAFF THERE. OKAY. SO BUT YOU WOULD BE THERE OCCASIONALLY FOR LIKE YOU SAY, THE INITIAL INSTRUCTION SHOWING THEM HOW IT WORKS, HOW IT OPERATES. YES, I WILL BE THERE QUITE A BIT, ESPECIALLY, YOU KNOW, ESPECIALLY I WOULD SAY IN THE FIRST YEAR AND I WILL PROVIDE LIMITED INSTRUCTION SINCE I'M NOT A PGA, YOU KNOW, EDUCATED INSTRUCTOR. BUTN THOUGH I CAN TELL WHAT IS GOING ON WITH THE SWING, CANNOT ALWAYS VERBALIZE IT, THE CORRECT WAY OF HOW TO, YOU KNOW, HOW TO CORRECT IT. AND SO I'M ASSUMING WHEN THE LIKE, YOU SEND OUT A CODE, THEY MAKE THEIR BOOK, THEIR TEE TIME, THEY GET A CODE FOR THE FRONT DOOR. DO THEY THEN PASS THAT ON TO ALL THEIR GUESTS, OR DO THEY JUST SIMPLY [00:20:01] HAVE TO OPEN THE DOOR FOR THEM WHEN THEY ARRIVE? YEAH, YEAH. SO, SO WHEN THEY HAVE THE GUEST, YES, THEY OPEN THE DOORS FOR THEM. SO WE DON'T TRANSFER ANY, ANY CODES LIKE THAT. YEAH. YES. BUT BUT AND THE INSIDE OF THE FACILITY, IT'S MONITORED WITH CAMERAS. SO, SO IT'S ON THE, ON THE SORT OF THE GENTLEMAN RULE THAT YOU FOLLOW THE FOLLOW THE RULES. AND IT'S OVERALL IT'S BEEN VERY RESPECTFUL, RESPECTED, I GUESS GOLFERS, GOLF GOLFERS CODE OF ETHICS IS IS STRONG. SO I HAVEN'T HEARD OF ANY REAL ISSUES. THE MAIN ISSUES HERE ARE SOMETIMES WHEN PEOPLE WANT TO PLAY A LITTLE BIT LONGER THAN THEIR ACTUAL TEE TIME, IF THERE'S NOBODY BEHIND AND THEY'VE COME UP WITH WAYS TO SET A SET, A WARNING LIGHT AND THAT SORT OF THING, HEY, YOUR YOUR TIME EXPIRED 15 MINUTES AGO, THAT SORT OF THING. OKAY. COMMISSIONER ROBERTS YEAH, YOU PARTIALLY ANSWERED A QUESTION I HAD ABOUT CAMERAS. ARE THOSE MONITORED OR IS IT GOING TO A RECORDER LOCALLY OR A DVR OR SOMETHING? OR IS IT ACTUALLY A CLOSED CIRCUIT? SO THEY WILL BE STORED ON A DVR, BUT I WILL HAVE FULL ACCESS ON IT. AND I WILL ALSO HAVE MOTION SENSORS TO KNOW WHEN PEOPLE ARE IN THERE AND WHEN PEOPLE ARE NOT IN THERE WHEN IT'S DONE FOR THE NIGHT. SO SO YOU'RE SAYING YOU'LL HAVE FULL REMOTE ACCESS, CORRECT? OKAY. THANK YOU. YES. SO I, I JUST MY QUESTION IS ABOUT HAVING ALCOHOL BYOB AND, YOU KNOW, LET'S SAY SOMEONE WANTED TO RENT ALL SIX BAYS, HAVE A PARTY, BRING IN A BUNCH OF BOOZE. AND, YOU KNOW, IF THINGS WERE TO GET OUT OF HAND, I MEAN, I GUESS THEY HAVE WHAT, POTENTIAL FOR LOSING THEIR MEMBERSHIP? OR THERE COULD BE SOME REPERCUSSIONS. LIKE HOW DO YOU POLICE WHAT'S GOING ON, YOU KNOW, AND EVEN IF THEY WEREN'T RENTING OUT THE WHOLE PLACE, I GUESS IF, YOU KNOW, THEY WERE JUST, YOU KNOW, MAKING A LOT OF NOISE AND COMMOTION, YOU KNOW, THAT MIGHT BOTHER OTHER GOLFERS IN OTHER BAYS. SO. SURE. REGARDING THE ALCOHOL, YES, THERE WILL BE SOME PEOPLE THAT WILL BRING THAT IN. WE, WE, WE WON'T ENDORSE THAT, BUT WE WILL HAVE INSURANCE FOR PEOPLE BRINGING IT IN AS FAR AS THEM GETTING OUT OF HAND AGAIN, IF THEY HAVE A BOOKED PARTY, I OR ANOTHER DESIGNATED MANAGER WILL BE WILL BE LOOKING AT THE CAMERAS BECAUSE WE WANT TO PRESERVE THE SPACE, OF COURSE, AND TWO OF THE BASE WILL BE FULLY ENCLOSED, SO THEY WILL BE MORE PRIVATE AND TWO OF THE BAYS WILL BE WILL BE OPEN. SO THEY WILL BE THE ONES MORE MORE EXPOSED TO, TO, TO WHAT YOUR CONCERN IS. BUT OVERALL, IT WILL BE MY PERSONAL RESPONSIBILITY TO, TO MONITOR WITH THE CAMERAS, TO SEE, TO SEE WHAT'S HAPPENING ON PARTY NIGHTS. THERE'S ALWAYS, THERE'S ALWAYS A POSSIBILITY. THAT WAS PROBABLY ME. I HIT THE WRONG BUTTON. LET ME SEE IF I CAN GET IT BACK ON HERE. CAN I JUST SPEAK LOUDER? BUT YES, THAT WOULD BE I CAN'T GET IT TO COME BACK ON. TO GIVE YOU THE ABILITY TO MUTE THEM. WHAT'S THAT? GOING? TURN YOURS ON. OKAY. AND THEN DON'T TRUST. THERE IT IS. THERE YOU GO. OKAY. WE'RE BACK. YEAH, YEAH. SO SO IN SUMMARY, YES, IT WILL BE ON MAY OR DESIGNATED MANAGER TO, TO, TO MONITOR WHEN THERE ARE DESIGNATED PARTIES AND OTHERWISE I SUPPOSE RELY ON, RELY ON LOOKING INTO CAMERAS FOR LATE NIGHT TEE TIMES. AND GOLFERS ARE PRETTY GOOD AT KEEPING EACH OTHER'S IN CHECK. MAYBE NOT BY ASKING THEM TO STAY IN CHECK, BUT BY CALLING ME. COMMISSIONER ROBERTS, DO YOU HAVE A QUESTION? I THINK BEFORE I MUTED EVERYBODY, YEAH, TO KIND OF FOLLOW UP ON THE AND YOU TURN YOUR BACK ON, YOU FOLLOW UP ON THE THE QUESTION ABOUT ALCOHOL, I'M ASSUMING THAT, WELL, YOU'RE OBVIOUSLY GOING TO BE ADVERTISING. IT IS THE AVAILABILITY OR THE BYOB POLICY, I ASSUME IS GOING TO BE A PART OF YOUR ADVERTISING. NO, I DO NOT INTEND TO ADVERTISE ANY ALCOHOL IN THE FACILITIES. NO. OKAY. AND THIS MIGHT BE FOR [00:25:08] STAFF. I WAS WITH THE OTHER. GOLF PLACE YOU SAID ON CENTRAL EXPRESSWAY. DO YOU GUYS HAVE ANY INSIGHT INTO ANY COMPLAINTS FROM, YOU KNOW, ALCOHOL RELATED COMPLAINTS FROM THAT FACILITY? YEAH, I'M NOT AWARE OF ANY DEREK OR CHRISTINE. I DON'T KNOW IF YOU KNOW. NO, I DON'T THINK WE'RE AWARE OF ANY. OKAY. THANK YOU, COMMISSIONER PURDY. YES. I JUST WANT TO QUICKLY GO BACK TO THE TECHNOLOGY. DO YOU HAVE ANY INDICATION OF KIND OF WHERE IT'S GOING TO GO FROM THE EXISTING KIND OF FORMAT OF HITTING BALLS INTO A SCREEN? DO YOU ENVISION THIS GETTING TO LIKE READY PLAYER ONE, FULL HAPTIC SUIT, VR IMMERSION? LIKE, WHAT ARE YOUR THOUGHTS ON THAT? NOW YOU'RE TALKING MY LANGUAGE. YES. SO SO THE TECHNOLOGY IS CALLED FULL SWING. THERE'S THERE'S TWO OUT THERE TRACKMAN OR FULL SWING. WE USE FULL SWING. SO THERE WILL BE TECHNOLOGY. THERE IS TECHNOLOGY AVAILABLE FOR IF YOU DON'T, IF YOU DON'T WANT TO TAKE A PRIVATE LESSON LESSON, YOU. YOU COULD SET UP A. YOU COULD USE A CAMERA THAT WE WILL SET UP. AND AI WILL ACTUALLY GUIDE YOU TO, YOU KNOW, GIVE YOU TIPS ON HOW TO IMPROVE THE GOLF SWING AND WHY THE BALL REACTS, THE WAY IT REACTS, AND SORT OF GUIDANCE OF WHAT THE CORRECT AS FAR AS, AS FAR AS WHERE IT WILL GO, I THINK I THINK THAT PIECE IS THE BIGGEST PIECE BY FAR, YOU KNOW, TO, TO HAVE SOMEBODY YOU DON'T HAVE TO HAVE A PAIR OF EYES THERE TO, TO, TO SORT OF CORRECT YOU. IT WILL BE CHEAPER FOR THE, FOR THE CUSTOMER THAT WAY THAN I HAVE TO SCHEDULE AN HOUR WITH THE PRO AND IT WILL BE, IT'S A TECHNOLOGY THAT'S, THAT'S SCARY AND, AND INTERESTING AT THE SAME TIME, BECAUSE THERE'S SO MUCH THERE'S SO MUCH ASSISTANCE FOR YOU FOR, FOR YOUNG AND, AND I GUESS ALL KINDS OF GOLFERS THESE DAYS. AND IT'S COOL TO SEE HOW, HOW DEFINED WE CAN MAKE IT AND, AND TO IMPROVE, YOU KNOW, GOLFERS SWINGS. IT'S, IT'S INTRIGUING TO ME. I AGREE A LONG WAY FROM THE GOLDEN TEE GAME. THAT'S WHERE I STARTED WITH THE WITH THE SIMULATION. THANK YOU. I PLAY THAT ONE TOO AND HIT MY HAND ONE TOO MANY TIMES ON THAT. YEAH. ALL RIGHT. ANY OTHER QUESTIONS. ALL RIGHT. THANK YOU. THIS IS THIS IS A CONTINUANCE OF A PUBLIC HEARING FROM MAY 5TH. SO THE PUBLIC HEARING IS OPEN. IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO COME FORWARD AND SPEAK ON THIS MATTER, EITHER IN FAVOR OR OPPOSITION? DO YOU HAVE ANY CLOSING REMARKS? THANK YOU FOR THE CONSIDERATION. ALL RIGHT. WELL, I MOVE THAT WE CLOSE THE PUBLIC HEARING. COMMISSIONER CIZEK SECOND, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, RAISE YOUR HAND. THAT PASSES UNANIMOUSLY. WELL, IT SEEMS LIKE I'M A GOLFER. I LOVE THE IDEA. AND I THINK THIS IS KIND OF THE THE NEW THING. AND I'VE GOT NEIGHBORS THAT HAVE THESE IN THEIR HOMES. AND SO HAVING THIS KIND OF ACCESSIBLE TO THE PUBLIC, I THINK IS A GOOD THING. I'M IN FAVOR OF IT. ANY OTHER COMMENTS, COMMISSIONER CORK? WELL, YOU KNOW, I PLAY A LITTLE GOLF TOO, SO YEAH, I YOU KNOW, THE TECHNOLOGY'S PRETTY AMAZING WHEN YOU ACTUALLY GET TO USE IT. AND THERE'S A, THERE'S A LOT OF DATA THERE THAT CAN, CAN CONFUSE YOU TOO. BUT AND I TOO, WISH THESE HAD BEEN AROUND WHEN I STARTED PLAYING GOLF, MAYBE I'D BEEN A LITTLE BETTER. BUT ANYWAY, I THINK IT'S A GREAT CONCEPT. I THINK IT'S A PERFECT SPOT FOR IT TOO. I MEAN, I WOULD GUESS THAT THE SEVERAL RESTAURANTS THAT ARE AROUND IN THERE WOULD PROBABLY LOVE THIS BECAUSE THIS SHOULD DRIVE TRAFFIC TO THEM. I WOULD THINK TOO. SO I'M IN FAVOR, COMMISSIONER. YEAH. SEEMS PRETTY CUT AND DRY. I LIKE THAT WE'VE GOT A STRONG HISTORICAL PRECEDENT FOR THIS TYPE OF BUSINESS IN THIS TYPE OF COMMUNITY, ESPECIALLY WITH THE 214 HAVING EXISTED. AND I LIKED COMMISSIONER ROBERT'S QUESTION ABOUT ANY CONCERNS PREVIOUSLY, SEEING AS THERE ARE NONE. I LIKE THIS LIKE THE CONCEPT AND WOULD BE IN FAVOR OF MOVING FORWARD. ALL RIGHT, COMMISSIONER PURDY, TWO JOE AND YOURSELF, COMMISSIONER MARK, DO YOU THINK THIS WOULD STEAL ANY BUSINESS FROM OUR EXISTING GOLF COURSES? I THINK IT'S YOU KNOW, IT'S JUST A IT'S AN ADDED BONUS. I THINK LIKE THE APPLICANT WAS SAYING, WHEN, YOU KNOW, THE WEATHER'S BAD, IT'S TOO HOT, [00:30:01] TOO COLD, OR AT NIGHT, PEOPLE ARE LOOKING FOR WAYS TO PRACTICE THEIR GAME. AND I THINK THIS GIVES THEM ANOTHER OUTLET. I THINK CERTAINLY IF THE WEATHER'S NICE, MOST PEOPLE DO WANT TO TAKE IT AND PLAY AN ACTUAL COURSE. SO I KNOW OUR OUR CITY GOLF COURSE AT SHERRILL PARK IS JUST PACKED ALL THE TIME, SO THEY'LL PROBABLY WELCOME THE RELIEF TO HAVE SOME OTHER OUTLETS. COMMISSIONER KIRK YEAH, I DON'T THINK I DON'T THINK IT'LL DRAW ANY OF THE OUTDOOR GOLFERS EXCLUSIVELY. I MEAN, TO, TO LEAVE OUTDOOR GOLF TO COME DO THIS. I THINK YOU'LL PROBABLY FIND IT'S EXACTLY THE OPPOSITE. YOU'LL HAVE SOME PEOPLE THAT ARE OUTDOOR GOLFERS THAT WILL COME TAKE ADVANTAGE OF THIS, JUST LIKE THE CHAIRMAN SAID, ON INCLEMENT DAYS OR, OR MAYBE THEY JUST NEED A QUICK FIX. COMMISSIONER ROBERTS OR IF THEY GET TIRED OF THE CROWD UP ON WATER VIEW. YEAH, YEAH, THAT'S GOLF RANCH HAS BEEN HUGELY SUCCESSFUL. ANY OTHER COMMENTS, COMMISSIONER? JUST HEARING ALL POSITIVE. I'M HAPPY TO MAKE A MOTION TO APPROVE ZONING FILE. 2606 AS PRESENTED. ALL RIGHT. RECOMMEND APPROVAL, COMMISSIONER CLARK, I'LL SECOND WITH A SECOND. ALL THOSE IN FAVOR THAT PASSES UNANIMOUSLY. GOOD LUCK. THANK YOU. THANKS FOR BEING HERE. ALL RIGHT. SO NOW WE'LL MOVE ON TO ITEM [3. Zoning File 26-08 – Solow Garage: Consider and act on a request for a Special Development Plan and a Special Permit for a Motor Vehicle Body Shop on 0.4 acres at 409 and 411 N. Interurban Street, and a Special Permit for a Motor Vehicle Storage Lot on 0.2 acres at 407 N. Interurban Street, on the west side of Interurban Street, north of Jackson Street, south of Davis Street and currently zoned MainStreet/Central Expressway PD Planned Development (Interurban Sub-District). Owner: Classic Richardson Ventures LLC and 404 Bishop Avenue LLC. Staff: Derica Peters.] NUMBER THREE. THIS IS ZONING FILE 2608 SOLO GARAGE. AND MISS PETERS WILL TAKE US THROUGH THIS. THANK YOU. THIS IS A REQUEST FOR ZONING FILE 2608 FOR THE LOCATION FOR THE THREE ADDRESSES OF 407 409 AND 411 NORTH INTERURBAN STREET. THIS IS A REQUEST FOR A SPECIAL DEVELOPMENT PLAN THAT WILL APPLY TO ALL THREE PROPERTIES. SPECIAL PERMIT THAT WILL APPLY TO ONLY 407 NORTH INTERURBAN FOR A MOTOR VEHICLE STORAGE LOT AND A SPECIAL PERMIT FOR A MOTOR VEHICLE BODY SHOP THAT WILL APPLY TO THE BUILDINGS AT 409 AND 411 NORTH INTERURBAN. THE PROPERTIES ARE LOCATED ON THE WEST SIDE OF INTERURBAN STREET, NORTH OF JACKSON STREET, EAST OF BISHOP AVENUE AND SOUTH OF DAVIS STREET. THE ZONING IS THE MAIN STREET, CENTRAL EXPRESSWAY PD PLAN DEVELOPMENT AND IT'S WITHIN THE INTERURBAN SUBDISTRICT. TO THE NORTH OF THE SUBJECT PARCELS IS ADDITIONAL BUILDINGS THAT LOOK AS THOUGH THEY'RE CONNECTED AND AS THOUGH THEY'RE ONE LONG BUILDING. BUT THOSE ARE SEPARATE BUILDINGS SEPARATED BY DEMISING WALLS. SO THOSE BUILDINGS ARE VACANT TODAY. EAST OF THE PROPERTY, ACROSS INTERURBAN IS A VACANT, UNDEVELOPED PARCEL. SOUTH OF THE PROPERTIES IS AN OFFICE AND THEN WEST OF THE PROPERTIES ACROSS THE ALLEY TOWARDS BISHOP AVENUE IS ANOTHER SERIES OF COMMERCIAL BUILDINGS THAT ARE ALSO VACANT TODAY. HERE'S MORE ON THE INNER URBAN SUBDISTRICT. SO IT'S SHOWN HERE IN THE BLUE. IT'S BOUNDED BY ARAPAHOE TO THE NORTH, GREER STREET TO THE SOUTH, AND BETWEEN CENTRAL EXPRESSWAY AND GREENVILLE AVENUE. THE ADOPTED VISION FOR THE INNER URBAN SUBDISTRICT IS TO CREATE AN EDGY, MIXED USE DISTRICT BUILT UPON THE EXISTING BONES OF THE DISTRICT. THE GOAL IS FOR ADAPTIVE REUSE OF EXISTING BUILDINGS, AS WELL AS NEW TARGETED INFILL DEVELOPMENT. BUILDINGATERIALS SHOULD PROMOTE DESIGN CREATIVITY AND UNIFY THE ECLECTIC STYLE OF THE DISTRICT. STREETSCAPE IMPROVEMENTS MAY VARY FROM MINIMAL TO MORE ENHANCED IMPROVEMENTS, AND ON STREET PARKING SHOULD BE MAXIMIZED, AND WITHIN THAT SUBDISTRICT THERE IS A LIST OF ALLOWED USES. SO WHEN THE SUBDISTRICT WAS ADOPTED, ALONG WITH THE MAIN STREET CODE, AND AS THE VISION WAS OUTLINED AND AS THE LAND USE REGULATIONS WERE OUTLINED, THE CODE DID CONTEMPLATE FOR ALLOWING SOME MOTOR VEHICLE RELATED TYPE USES, THOSE THAT ARE ALLOWED BY RIGHT IN THIS SUBDISTRICT ARE THE FIRST THREE LISTED HERE. THOSE ARE NEW VEHICLE SALES VEHICLE RENTAL FOR ONLY TEN VEHICLES OR LESS ON THE PROPERTY, AND THEN MOTOR VEHICLE PARTS SALES AND THEN ALLOWED BY SPECIAL PERMIT ARE THE SEVEN LISTED BELOW. THAT DOES INCLUDE THE BODY SHOP AND THE MOTOR VEHICLE STORAGE LOT WE'RE TALKING ABOUT TODAY. GIVEN THE VISION FOR THE INNER URBAN SUBDISTRICT, AGAIN, BEING AN EDGY AND ECLECTIC DISTRICT WITH A FOCUS ON ADAPTIVE REUSE, SOME MOTOR VEHICLE RELATED USES WERE DEEMED TO BE APPROPRIATE. THOSE THAT WERE DEEMED TO BE MAYBE APPROPRIATE BY SPECIAL PERMIT WERE DEEMED THAT WAY BECAUSE THEY MAY BE APPROPRIATE FOR SOME PROPERTIES WITHIN THE SUBDISTRICT, BUT NOT ALL PROPERTIES. SO THE SPECIAL PERMIT FOR SUCH A CASE WOULD BE DETERMINED ON A CASE BY CASE BASIS TO DETERMINE THE COMPATIBILITY OF THE SUBJECT SITE WITH THE SURROUNDING AREA AND APPROPRIATE CIRCUMSTANCES, WHILE ALSO TAKING INTO CONSIDERATION PROGRESS MADE TOWARDS THE VISION FOR THE SUBDISTRICT. MORE RECENTLY, THE ENVISIONED RICHARDSON PLAN WAS ADOPTED. THE FUTURE LAND USE PLAN DESIGNATES THIS AS PART OF THE INNOVATION INDUSTRY PLACE TYPE, WHICH IS CHARACTERIZED BY A FOCUS ON RESEARCH AND [00:35:05] DEVELOPMENT ACTIVITIES AND INNOVATION. PRIMARY USES INCLUDE LIGHT INDUSTRIAL, MANUFACTURING AND DISTRIBUTION, OFFICE AND RESEARCH AND DEVELOPMENT. AUTOMOTIVE TYPE USES ARE NOT MENTIONED IN THE IN THIS PLACE TYPE, BUT IT IS NOT UNCOMMON FOR AUTOMOTIVE TYPE USES TO BE CONSIDERED APPROPRIATE WITH LIGHT INDUSTRIAL USES AND SOME LESS INTENSIVE AUTOMOTIVE USES MAY BE APPROPRIATE WITH RETAIL TYPE USES. GIVEN THE TYPE OF SERVICE ACTIVITIES THEY OFFER. HERE'S SOME HISTORY ON THE SITE. CLASSIC BMW THE DEALERSHIP OPENED ALONG INTERURBAN STREET AND BISHOP AVENUE IN 1971, AND THEY OCCUPIED QUITE A LOT OF BUILDINGS ON THIS BLOCK WITH THEIR DEALERSHIP AND ASSOCIATED REPAIR SERVICES. WE FOUND IN OUR RECORDS. IN 1986, THEY RECEIVED A CERTIFICATE OF OCCUPANCY FOR AUTO PARTS STORAGE AT THIS PARTICULAR LOCATION. HOWEVER, WE DO KNOW THEY BEGAN OPERATING AS A BODY SHOP AT THIS LOCATION AT SOME POINT IN TIME. ANOTHER POINT IN OUR TIMELINE HERE WAS IN 2008. PRIOR TO THAT, THIS DISTRICT WAS ZONED INDUSTRIAL, WHICH ALLOWED FOR THESE TYPE OF MOTOR VEHICLE TYPE USES. BY RIGHT UNTIL 2008, THE CODE WAS AMENDED TO REQUIRE A SPECIAL PERMIT FOR THESE TYPE OF USES. EVEN IN THE INDUSTRIAL DISTRICT. IN 2012, SOLO GARAGE. OUR APPLICANT TONIGHT WAS CONTRACTED BY CLASSIC BMW TO OCCUPY THIS BUILDING AND TO PERFORM THE BODY SHOP SERVICES FOR CLASSIC BMW. SINCE HE IS A CERTIFIED BMW TECHNICIAN. IN 2015, THE SUBJECT PROPERTY WAS ZONED REZONED FROM INDUSTRIAL TO THE MAIN STREET CENTRAL EXPRESSWAY PD, AND THEN MORE RECENTLY IN 2024, CLAY COOLEY VW INTENDED TO EXPAND THEIR BODY WORK, BODY SHOP AND REPAIR OPERATIONS TO THIS BLOCK. THEY RECEIVED APPROVAL FOR A SPECIAL PERMIT FOR A BODY SHOP IN THIS BUILDING, AND WITH THAT SPECIAL PERMIT, THERE WERE CONDITIONS THAT ENHANCEMENTS TO THE LANDSCAPING BE MADE. ALSO AT THE TIME, SOLO GARAGE CONTINUED TO OPERATE OUT OF THAT LOCATION, AND CLAY COOLEY LET THEM DO THAT. AS A SUBTENANT, CLAY COOLEY DECIDED NOT TO OCCUPY THE BUILDINGS. AFTER ALL, THEY DID REPAINT THE BUILDINGS IN THE MEANTIME, BUT THEY DID NOT IMPLEMENT THE LANDSCAPE PLANS BEFORE THEY DECIDED TO OPT OUT AND FIND A SITE. ELSEWHERE. CLAY COOLEY LISTED THE PROPERTY FOR SALE THIS LAST YEAR, AND THIS YEAR WE RECEIVED A NEW APPLICATION FOR A SPECIAL PERMIT SPECIFICALLY FOR SOLO GARAGE, FOR A BODY SHOP AND STORAGE LOT. NOW HERE'S THE PROPOSED CONCEPT PLAN. AGAIN, THIS IS RELATED TO THREE SEPARATE LOTS. LOT ONE ON THE BOTTOM IS SPECIFICALLY DESIGNATED AS A MOTOR VEHICLE STORAGE LOT, AND THEN LOTS TWO AND THREE ARE COVERED BY A BUILDING. BY BUILDINGS. THERE ARE TWO SEPARATE BUILDINGS, BUT THERE IS INTERCONNECTIVITY BETWEEN THE BUILDINGS. IN TOTAL, THOSE BUILDINGS COMPRISE 9900FT■!S, AND INSIDE THOSE BUILDINGS ARE 15 VEHICLE SERVICE BAYS. THE SITE IS ACCESSED FROM DRIVEWAYS ON INTERURBAN STREET, AND THERE'S ALSO AN ALLEY IN THE REAR. THESE BUILDINGS WERE DESIGNED OR RETROFITTED FOR VEHICLE TYPE USES. YOU'LL NOTICE THERE ARE OVERHEAD BAY DOORS ON THE REAR OF THE BUILDINGS. ALSO WITHIN THE BUILDINGS, THERE ARE DRAINAGE GRATE INLETS IN THE FLOOR TO FACILITATE DRAINAGE INTO SAND FILTRATION DEVICES. ALSO, ALL ACTIVITIES TAKE PLACE INSIDE THE BUILDING. NO WORK OCCURS OUTDOORS. GOING BACK DOWN TO THE MOTOR VEHICLE STORAGE LOT, THERE IS A SPECIAL. THERE IS A REQUEST FOR A SPECIAL PERMIT FOR THIS LOT. SINCE STORAGE IS THE ONLY USE ON THE PROPERTY, BUT IF APPROVED, THAT VEHICLE STORAGE LOT WILL BE LIMITED TO. JUST SERVE THE BODY SHOP ACTIVITIES TO THE NORTH. THAT STORAGE LOT IS ENCLOSED BY A SIX FOOT TALL CHAIN LINK SECURITY FENCE, AND INSIDE OF THE LOT, THERE ARE SPACES FOR 20 VEHICLES TO REMAIN STORED WHILE WAITING FOR CUSTOMERS TO PICK THEM UP IN FRONT OF THE BUILDINGS. THERE ARE SEVEN SPOTS FOR VISITORS OR GUESTS TO PARK, AND WE THE APPLICANT DOES PROPOSE SOME SITE MODIFICATIONS. THESE SITE MODIFICATIONS AND LANDSCAPE ENHANCEMENTS ARE CONSISTENT WITH WHAT WAS PREVIOUSLY PROPOSED AND APPROVED FOR THE CLAY COOLEY SPECIAL PERMIT. THAT INCLUDES IMPROVING ON SITE CIRCULATION IN THE PARKING LOT, WHERE THERE'S A LANDSCAPE BUFFER SEPARATING LOTS TWO AND THREE THAT WILL BE REMOVED TO ALLOW CROSS ACCESS BETWEEN THE LOTS. LANDSCAPE WILL BE ENHANCED WITH A LANDSCAPE ISLAND TO THE NORTH AND SOUTH OF THAT PARKING ROW, AND ALTHOUGH STREET TREES ARE NOT REQUIRED ALONG INTERURBAN, THE APPLICANT WILL PLANT THREE TWO CANOPY TREES, TWO ORNAMENTAL TREES AND A HEDGEROW OF EVERGREEN SHRUBS AROUND THE SITE. SO SINCE THE PLANS INVOLVE MODIFICATIONS TO ELEMENTS OF THE SITE'S EXTERIOR, AND BECAUSE THERE ARE ELEMENTS OF THE SITE THAT ARE NON-CONFORMING, THE SPECIAL DEVELOPMENT PLAN GIVES RELIEF [00:40:02] TO THESE ELEMENTS AND ACKNOWLEDGES THAT THESE ELEMENTS ARE NON-CONFORMING AND WON'T BE MODIFIED. THAT THAT INCLUDES DRIVEWAY SPACING. THE CODE REQUIRES DRIVEWAYS TO BE LIMITED TO 200FT MINIMUM SEPARATION DISTANCE, BUT THESE LOTS ARE EACH ONLY 50FT WIDE, AND THEY'RE ONLY SEPARATED BY A 20FT BETWEEN THE EXISTING DRIVEWAYS RELATING TO BUILDING FRONTAGE, BUILDINGS ARE REQUIRED TO BE BUILT NO FURTHER BACK THAN 40FT FROM THE FRONT BUILDING LINE. SO THE IDEA IS TO BRING THE BUILDINGS CLOSER TO THE STREET. THESE BUILDINGS ARE EXISTING AT 46FT OUTSIDE OF THE PROPERTY LINE. SURFACE PARKING IS REQUIRED TO BE SCREENED BY A FIVE FOOT WIDE LANDSCAPE BUFFER. INSTEAD, THERE'S A THREE FOOT WIDE LANDSCAPE BUFFER, WHICH I MENTIONED WILL BE PLANTED WITH ADDITIONAL LANDSCAPE MATERIALS, PARKING LOT LANDSCAPING, TEN FOOT WIDE LANDSCAPE ISLANDS ARE REQUIRED, BUT INSTEAD THEY WILL BE ADDING A 3.5FT WIDE AND A NINE FOOT WIDE LANDSCAPE. ISLAND BUILDING ARTICULATION IS REQUIRED FOR HORIZONTAL AND VERTICAL ARTICULATION, BUT THERE'S VERY LITTLE ARTICULATION ON THIS BUILDING, AND THE BUILDING FACADE SHALL NOT BE BLANK FOR A SPAN OF 20FT OR MORE. THIS BUILDING DOES HAVE SOME WINDOWS, BUT VERY LITTLE ARCTIC, ARCTIC ARCHITECTURAL FEATURES OR ARCHITECTURAL INTEREST. SO HERE'S A VIEW OF THE FRONT OF THE BUILDINGS. IT IS BOTH THE BLUE BUILDING ON THE LEFT AND THE RED BUILDING ON THE RIGHT. THE ENTRY IS FROM THE BLUE BUILDING FROM THE FRONT THERE. THEN YOU HAVE A VIEW OF THE ALLEY AND A VIEW OF THE STORAGE LOT FROM INTERURBAN, WHICH IS RIGHT NEXT TO THE BUILDING. AND THERE'S SOME PHOTOS OF THE INTERIOR. IN SUMMARY, SHOULD THE CPC ACCEPT THE REQUEST AS PRESENTED, THE MOTION SHOULD INCLUDE THE FOLLOWING. THE PROPERTY SHALL BE DEVELOPED IN SUBSTANTIAL CONFORMANCE WITH THE SPECIAL DEVELOPMENT PLAN, AND THE SITE IMPROVEMENTS SHALL BE COMPLETED WITHIN 90 DAYS OF APPROVAL. THE SPECIAL PERMIT FOR THE BODY SHOP AND THE STORAGE LOT WOULD BE LIMITED TO SOLO GARAGE. AS THE SOLE BUSINESS OPERATOR, I'LL ALSO MENTION HERE THIS IS AN ADDITIONAL CONDITION WE ADDED IN BOLD ON THE BOTTOM HERE. SEE, ALL VEHICLE WORK SHALL OCCUR INSIDE THE BUILDING. THIS SPEAKS TO THE STORAGE LOT BEING USED SOLELY FOR THE BODY SHOP. AND THEN FINALLY, A CERTIFICATE OF OCCUPANCY SHALL BE OBTAINED BY SOLO GARAGE WITHIN 30 DAYS OF APPROVAL. AND WE DID RECEIVE A PUBLIC COMMENT IN RESPONSE TO THIS REQUEST THAT'S SITTING IN FRONT OF YOU TONIGHT. THEY CITED CONCERNS WITH THE PROPOSAL NOT MEETING THE ADOPTED VISION OF THE INTERURBAN SUB DISTRICT AND QUESTIONING WHETHER IT IS BUSINESS FRIENDLY. THE PROPOSAL, AND THAT CONCLUDES MY PRESENTATION. AND THE APPLICANT HAS ONE AS WELL. I CAN ANSWER ANY QUESTIONS YOU MAY HAVE. COMMISSIONER SHEK, GOING BACK TO THE 2024 APPROVAL THAT YOU SAW FOR CLAY COOLEY VOLKSWAGEN, IS THERE ANYTHING IN THE CONDITIONS THAT'S DIFFERENT THAN WE HAD SEEN PREVIOUSLY, OR THAT WAS PERHAPS CHANGED FROM WHAT WAS APPROVED THEN? YOU MENTIONED IT WAS MOSTLY IN COMPLIANCE. YES. AS FAR AS THE SIDE IMPROVEMENTS PROPOSED BY CLAY COOLEY, THE APPLICANT IS PROPOSED TO DO THE SAME FOR THOSE SITE IMPROVEMENTS. THE CONDITIONS HAVE BEEN ENHANCED SOME WE COVERED SOME ITEMS HERE THAT WE MAY NOT HAVE COVERED WITH CLAY COOLEY, BUT WE CAUGHT THIS TIME AROUND AND IMPLEMENTED THOSE JUST AS BEST PRACTICE, INCLUDING THE MENTION WE HAVE HERE TO. ALL VEHICLE WORK SHALL OCCUR INSIDE THE BUILDING. WE DID ADD THAT. SO MORE RESTRICTIVE, NOT LESS THAN PERFECT. THANK YOU. VICE CHAIRMAN THOMASON. YEP. SO I GUESS WE'RE GOING TO HAVE A LITTLE BIT OF A HISTORY LESSON, OR AT LEAST YOU'RE GOING TO GIVE ME A HISTORY LESSON. SO WHAT I'M TRYING TO UNDERSTAND IS SOLO HAS BEEN THERE SINCE AROUND 2012 FROM WHAT I CAN GATHER. AND IT WAS ALLOWED TO BE THERE FOR VARIOUS VARIOUS ZONING CASES, SPECIAL APPROVALS, AS YOU SORT OF OUTLINED HERE, EVEN THOUGH WE HAVE A ENVISION RICHARDSON DOCUMENT THAT THAT DOESN'T REALLY PUT THIS AS A PRIMARY USE. THIS IS SORT OF AN INCUMBENT GRANDFATHERED IN KIND OF SITUATION, AT LEAST FROM WHAT I CAN TELL. AND UNTIL THERE'S A TRIGGER EVENT, AN A TRIGGER EVENT MIGHT BE A SALE OR A NEW APPLICATION AS DESCRIBED HERE. AND SO REALLY, I THINK WHAT WE'RE BEING ASKED TO, TO DO IS TO TRY TO FIGURE OUT, SHOULD WE ALLOW A THIS USE THAT'S BEEN THERE SINCE 2012 AND CERTAINLY BEEN EVEN BEFORE THAT IN SOME OTHER FORM TO CONTINUE, EVEN THOUGH THAT THIS USE HAS A TRIGGER EVENT THAT HAS TO GET APPROVED AGAIN, AM I UNDERSTANDING THAT? EXCEPT TO ME, THAT'S SORT OF THE MEAT OF THE ISSUE. YES. THAT'S CORRECT. IT IS NOT A NEW USER. HE'S BEEN THERE FOR SOME TIME. HE WAS A SUBTENANT TO THESE OTHER PARENT TENANTS THAT HAD CEOS, INCLUDING CLAY COOLEY, BUT HE IS THE INCUMBENT USER. YES. RIGHT. OKAY. SO THAT'S WHAT I THOUGHT. SO NOW WE HAVE TO [00:45:04] DECIDE, I GUESS, IS WHETHER OR NOT THIS CONTINUED USE FOR A TENANT THAT'S PROBABLY BEEN A GREAT CITIZEN AND BUSINESS OWNER FOR A WHILE. IF THAT'S IF WE SHOULD ALLOW THAT TO CONTINUE. I'M JUST SORT OF ASKING THIS IN A RHETORICAL KIND OF WAY THAT BECOMES, I THINK, THE CASE BEFORE THE COMMISSION TO TO DECIDE IF WE WANT TO CONTINUE THIS USAGE CASE. THAT'S, THAT'S, I GUESS REALLY MORE OF A STATEMENT THAN ANYTHING ELSE. THANKS. JUST TO FOLLOW UP ON THAT. SO THE CLASSIC HAD THE. WAS THERE WITH THE CO ORIGINALLY. AND THEN THERE WAS THE REZONING IN 2008. WAS THERE EVER A SPECIAL PERMIT TO CLASSIC BEFORE THEY SOLD TO CLAY COOLEY. NO, THERE WAS NOT. WE CANNOT FIND THAT IN OUR RECORDS. NO. OKAY. ALL THOSE THERE SHOULD HAVE BEEN STARTED BEFORE 2008 2008 IS WHEN THEY WOULD HAVE BEEN REQUIRED TO GET A SPECIAL PERMIT. BUT THOSE ACTIVITIES BEGAN BEFORE 2008, SO THEY WERE NOT TRIGGERED TO COME IN AND GET A SPECIAL PERMIT. OKAY. BUT THEN WHEN BUT AFTER THE REZONING IN 2015, AT SOME POINT WE CAUGHT UP WITH IT. IT WASN'T UNTIL 2024. I MEAN, THAT'S THAT'S A PRETTY BIG GAP, RIGHT? BETWEEN 2015 REZONING. AND YEAH, AS FAR AS WE KNOW, THE SPECIAL PERMIT CAME INTO PLAY. YEAH. WHEN CLASSIC BMW VACATED THOSE BUILDINGS AND CLAY COOLEY WANTED TO TAKE OVER TRIGGERED THAT NEED. SO THEY HAD BEEN VACANT. WELL, WE KNOW THAT SOLO WAS THERE IN 2012, THOUGH. OKAY. AND IS THAT I MEAN, WE ALWAYS SAY IN OUR SPECIAL PERMITS, YOU KNOW, IT'S THE NAME OF THIS OPERATOR. SO AGAIN, THAT WAS AN OVERSIGHT AND IT WASN'T DISCLOSED PROPERLY BY THE APPLICANT. THAT SOLO WAS THE ACTUAL OPERATOR WITH CLAY COOLEY. WE DID LIMIT THEIR SPECIAL PERMIT TO CLAY COOLEY, AND WE DON'T KNOW IF THEIR INTENTION WAS TO CONTINUE LETTING HIM AS A SUBTENANT OR CONTRACTOR. TO THEM, WE ARE NOT SURE WHAT CLAY COOLEY'S INTENTION WAS, BUT THEY DID LET HIM CONTINUE TO OPERATE. YEAH. WAS WAS ANYBODY ON THE HERE ON THE COMMISSION WERE VOTED ON THAT CASE? COMMISSIONER ROBERTS YEAH, YOU WERE THE ONLY ONE. COMMISSIONER PURDY TOO. YOU WERE ON THAT CASE. I KNOW I WAS ABSENT AT THAT MEETING, SO. YEAH. OKAY. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. WELL, LET'S GO AHEAD AND BRING THE APPLICANT UP THEN. MY NAME IS STEVEN GRAHAM. 9459 HOBART DALLAS TEXAS 75218. AND I AM SALVADOR GOUVEIA. I LIVE IN MESQUITE AT 44809 SANDERLIN DRIVE, BUT I'VE BEEN OPERATING AT 409 NORTH INTERURBAN. MY NAME IS STEVEN GRAHAM. I'M THE OWNER, SIMPLE DEVELOPMENT PARTNERS, AND WE PURCHASED THE PROPERTY FROM CLAY COOLEY LESS THAN THREE WEEKS AGO. AND IN ORDER TO EXPLAIN KIND OF HOW WE GOT THERE TO YOUR THE HISTORY QUESTION, I'M GOING TO LET SAL KIND OF EXPLAIN AND THEN I'LL EXPLAIN OUR INTENT FOR THE PROPERTY. AGAIN. GOOD EVENING, CHAIRMAN, COMMISSIONERS AND STAFF AND MEMBERS OF THE COMMUNITY. LIKE I MENTIONED, MY NAME IS SALVADOR AND I AM OWNER OF SOLO GARAGE COLLISION HERE IN RICHARDSON. WELL, I WANT TO BEGIN BY EMPHASIZING THAT SOLO GARAGE, AS YOU GUYS JUST HEARD, IS NOT A NEW BUSINESS COMING INTO THE CORRIDOR. RATHER, WE ARE A LONG TERM LEGACY OPERATOR CONNECTED TO FORMER CLASSIC BMW AND HAVE CONTINUOUSLY, CONTINUOUSLY OPERATED IN THIS LOCATION FOR MANY YEARS. THE BUSINESS REPRESENTS YEARS OF HARD WORK, SACRIFICE, AND COMMITMENT TO SERVING CUSTOMERS THE RIGHT WAY. WE ARE OFFICIALLY ONE. WE'RE NOT A TYPICAL BODY SHOP, SO WE'RE MORE OF A NICHE. WE ARE ONE OF FOUR BMW COLLISION CENTERS IN THE DALLAS AREA. THAT CERTIFICATION REQUIRES ADVANCED TRAINING, SPECIALIZED TOOLS, MANUFACTURING OVERSIGHT, AND [00:50:04] EXTREMELY HIGH REPAIR STANDARDS. MODERN BMW REQUIRE HIGHLY ADVANCED AND PROPER REPAIRS AND ARE CRITICAL FOR THE SAFETY OF DRIVERS AND FAMILIES ON THE ROAD. WE TAKE RESPONSIBILITY FOR THAT VERY SERIOUSLY BECAUSE OF THE LEVEL OF QUALITY REQUIRED OF THESE VEHICLES. ALL VEHICLE WORK IS PERFORMED INDOORS WITHIN THE BUILDING. WE DON'T PERFORM ANY REPAIRS OUTSIDE AND MAINTAINING A CLEAN AND CONTROLLED INDOOR ENVIRONMENT IS CRITICAL FOR THE QUALITY OF REPAIRS, PAINTWORK AND MANUFACTURER CERTIFICATION STANDARDS THAT ARE REQUIRED BY BMW. AND WE ABIDE WITH. WE TAKE PRIDE IN MAINTAINING A PROFESSIONAL OPERATION THAT RESPECTS NEIGHBORING BUSINESSES AND THE SURROUNDING CORRIDORS. AND I WAS TELLING STEVEN WE ACTUALLY WERE RATED NUMBER ONE COLLISION CENTER IN RICHARDSON BASED OFF GOOGLE REVIEWS. THIS PAST YEAR, THE BUSINESS CONTRIBUTES TO RICHARDSON IN SEVERAL IMPORTANT WAYS. FIRST, WE PROVIDE SKILLED JOBS AND SUPPORT LOCAL FAMILIES. THESE ARE TECHNAL CAREERS THAT REQUIRE TRAINING, PROFESSIONALISM AND PRECISION. SECOND, WE BRING CUSTOMERS AND ECONOMIC ACTIVITY INTO RICHARDSON. MANY OF MANY OF OUR CUSTOMERS TRAVEL HERE SPECIFICALLY BECAUSE OF THE REPUTATION WE HAVE BUILT FOR HIGH QUALITY REPAIR, CERTIFIED REPAIRS AND AS A FIRST GENERATION MEXICAN AMERICAN, BEING ABLE TO BUILD A BUSINESS IN RICHARDSON AND CREATE OPPORTUNITIES FOR OTHERS IS DEEPLY MEANINGFUL TO ME. WE RESPECTFULLY ASK FOR THE OPPORTUNITY TO CONTINUE SERVING OUR CUSTOMERS, SUPPORTING OUR EMPLOYEES AND REMAINING PART OF THE RICHARDSON COMMUNITY. I THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION. OKAY. GOOD EVENING, CHAIRMAN AND COMMISSIONERS. AS MENTIONED BEFORE, MY NAME IS STEPHEN GRAHAM WITH SIMPLE DEVELOPMENT AND WE WE OWN THE PROPERTY THAT SELL IS TRYING TO GET A SPECIAL DEVELOPMENT PERMIT AND A SPECIAL USE PERMIT REQUEST BEFORE YOU TONIGHT IS NOT INTRODUCING A NEW USE INTO THE CORRIDOR. THIS IS AN EXISTING LONG TERM OPERATOR SEEKING TO CONTINUE OPERATING THROUGH THE PROPER SPECIAL PERMIT PROCESS REQUIRED UNDER THE CURRENT ZONING ORDINANCE, WHEN THE CERTIFICATE OF OCCUPANCY ISSUE WAS IDENTIFIED MORE THAN THREE MONTHS AGO, WE WORKED PROACTIVELY WITH CITY STAFF TO MOVE THROUGH THE CORRECT COMPLIANCE PROCESS. WE APPRECIATE THE STAFF'S TIME AND GUIDANCE THROUGH THE PROCESS. AND BECAUSE WE WE COULDN'T KIND OF GET TO WHERE WE ARE TODAY WITHOUT KIND OF UNDERSTANDING WHERE WHERE WE ARE WITH THE PROPERTY. I ALSO BELIEVE THERE IS AN IMPORTANT DISTINCTION BETWEEN THE HIGH VOLUME VEHICLE INVENTORY OPERATIONS AND SMALLER SERVICE ORIENTED BUSINESSES LIKE SOLO GARAGE. IN MANY CORRIDORS, THE LARGER COMPATIBILITY CONCERNS ARE TYPICALLY ASSOCIATED WITH BUSINESSES REQUIRING LARGE OUTDOOR VEHICLE INVENTORY OR EXTENSIVE OUTDOOR STORAGE. SOLAR GARAGE OPERATES VERY DIFFERENTLY. THIS IS A SPECIALIZED BMW CERTIFIED COLLISION CENTER WHERE NEARLY ALL ACTIVITIES OCCUR INDOORS, WITH A SIGNIFICANT LOWER VISUAL AND OPERATIONAL IMPACT ON THE CORRIDOR. THE HIGHLIGHTED PORTION WAS FORMERLY THE CLAY COULEE PROPERTIES. THAT'S WHAT WE ACQUIRED LESS THAN THREE WEEKS AGO. AS YOU CAN SEE. YOU KNOW, THERE'S LITERALLY NO CARS ON THE PROPERTY CURRENTLY, AND THAT INCLUDES SAL OPERATING THERE. SO HE'S HE'S NOT A HEAVY USER. BUT I THINK THIS AERIAL KIND OF SHOWS THE CLAY COULEE DEALERSHIP THERE TO THE SOUTH. JACKSON BISHOP THERE ON THE WEST AND INTER URBAN ON THE EAST. AND IT ALSO INCLUDES THE LITTLE THE GREEN PORTION RIGHT THERE, WHICH WHICH IS ALSO THE TWO ACRES THAT WE PURCHASED FROM CLAY COULEE. THE APPLICATION ALSO INCLUDES MEANINGFUL REINVESTMENT INTO THE PROPERTY AND CORRIDOR. THE PROPOSED IMPROVEMENTS INCLUDE LANDSCAPING UPGRADES, ACCESSIBLE PARKING IMPROVEMENTS, SITE CLEANUP, ROOF REPAIRS WHICH HAVE ALREADY BEEN COMPLETED, AND ADDITIONAL SCREENING ENHANCEMENTS. THESE IMPROVEMENTS HELP STABILIZE AND [00:55:05] IMPROVE THE VISUAL QUALITY OF THE CORRIDOR, WHILE PRESERVING AN EXISTING RICHARDSON BUSINESS. SAL'S PROPERTY ON THIS. ON. THIS SLIDE SHOWS THE. SHOWN IN BLUE. BUT OUR BROADER VISION FOR THE INTERURBAN CORRIDOR IS TO CONTINUE TRANSITIONING THE AREA TOWARD A DESIGN DISTRICT. FOCUS ON ADAPTIVE REUSE, CONTRACTOR SHOWROOM, HOME DESIGN SUPPLIERS, AND HIGHER QUALITY REINVESTMENT INTO THE EXISTING BUILDING STOCK. RESPONSIBLE REDEVELOPMENT SHOULD ALLOW BUSINESSES TO COEXIST WITH LONG TERM CORRIDOR TRANSFORMATION. THE FIRST PHASE OF DEVELOPMENT IS PLANNED TO BE TWO ACRES, WHICH I'M GOING TO JUST BRIEFLY TOUCH ON BECAUSE WE'VE GOT ANOTHER SPECIAL USE PERMIT AND A COUPLE OF MONTHS, BUT I THINK IT'S IMPORTANT FOR THE CONTEXT OF SAL BEING ACROSS THE STREET, WHICH THE PORTION TO THE THE TWO ACRES TO THE SOUTH SHOWS THE PROPOSED SIX NEW BUILDINGS. THIS. THIS SITE PLAN REFLECTS THE BROADER LONG TERM VISION OF THE INNER URBAN DISTRICT REDEVELOPMENT. IN ADDITION TO THE APPROXIMATELY 500 ZERO SQUARE FEET OF EXISTING FLEX INDUSTRIAL BUILDINGS CURRENTLY OWNED BY SIMPLE DEVELOPMENT PARTNERS. THE PLAN SHOWS AN ADDITIONAL 52,000FT■!S OF NEW FLEX INDUSTRIAL AND RETAIL ORIENTED SPACE DESIGNED TO SUPPORT THE CONTINUED REINVESTMENT AND TRANSFORMATION OF THE CORRIDOR. THESE ARE VIEWS FROM INNER URBAN AND JACKSON, AND JUST BRIEFLY, I BELIEVE IT'S IMPORTANT TO UNDERSTAND THE BROADER VISION OF THE CORRIDOR, BECAUSE ACHIEVING LONG TERM REDEVELOPMENT REQUIRES STABLE BUSINESSES LIKE SOLO GARAGE AND OPERATORS TO CONTINUE TO CONTRIBUTE POSITIVELY TO THE AREA. BUSINESSES LIKE SOLO GARAGE HELP PROVIDE THE STABILITY AND CHARACTER DURING THE TRANSITION OF THE DISTRICT. OVER THE PAST SEVERAL MONTHS, I'VE PERSONALLY OBSERVED SAL OPERATE HIS BUSINESS, AND IT'S CLEAR THAT HE GENUINELY CARES ABOUT THE EMPLOYEES, HIS CUSTOMERS, THE VEHICLES ENTRUSTED TO HIM, AND THE QUALITY AND REPUTATION OF HIS BUSINESS, THE LEVEL OF PROFESSIONALISM AND PRIDE AND OWNERSHIP IS EXACTLY THE TYPE OF SMALL BUSINESS PRESENCE THAT HELPS STRENGTHEN AND STABILIZE A TRANSITIONING CORRIDOR. THESE ELEVATIONS ILLUSTRATE THE EXISTING VIEWS FROM INNER, URBAN AND JACKSON AND REFLECT THE ONGOING EFFORTS. WE HOPE TO IMPROVE THE APPEARANCE AND OVERALL QUALITY OF THE PROPERTY SURROUNDING THE CORRIDOR. THIS IS ANOTHER VIEW OF THE FOUR OTHER BUILDINGS FROM INNER URBAN. IN CLOSING, WE RESPECTFULLY ASK FOR YOUR RECOMMENDATION OF APPROVAL FOR THE SPECIAL PERMIT AND SPECIAL DEVELOPMENT PLAN. THIS REQUEST SUPPORTS LONG TERM RICH AND OPERATOR, A PROFESSIONAL BMW CERTIFIED BUSINESS, CONTINUED CORRIDOR REINVESTMENT AND EXISTING INDOOR OPERATION, AND AN EXISTING INDOOR OPERATION COMING THROUGH THE PROPER COMPLIANCE PROCESS. THANK YOU, AND SAL AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. ANY QUESTIONS FROM THE COMMISSION. MR. VICE CHAIRMAN? YES. CAN YOU TALK ABOUT HOW MANY VEHICLES YOU TYPICALLY HAVE IN YOUR BUSINESS IN ANY GIVEN DAY OR WEEK? I'M NOT SURE WHAT THE RIGHT METRIC IS. YEAH, WE SO WE DO MOST OF OUR REPAIRS AND WHAT WE DO ALL OF OUR REPAIRS INDOORS. I MEAN, IF I HAD TO PUT A NUMBER ROUGHLY 20. BUT WITH THAT SAID, ANYTHING THAT'S OUTSIDE IS USUALLY WAITING ON A CERTAIN PROCESS OR JUST FOR A CUSTOMER TO COME PICK UP THEIR VEHICLE ONCE IT'S DONE. ARE ALL OF THE VEHICLES BMW, THE MAJORITY? WE ARE, LIKE I SAID, A NICHE COLLISION CENTER THAT IS HIGHLY. WE DO HIGH END VEHICLES, BUT PRIMARILY FOCUSING ON BMW BECAUSE OF THE CERTIFICATION WE HAVE. SO I WOULD SAY A GOOD 9,090%. AND SO THEN OBVIOUSLY WHEN THIS WAS CLASSIC BMW NEXT DOOR, THERE WAS A LOT OF SYNERGIES TO BEING RIGHT NEXT DOOR TO A BMW DEALERSHIP. HAS THAT CHANGED AT ALL WITH THE CHANGE TO CLAY COOLEY IN THEIR [01:00:05] MODEL? I MEAN, I'M JUST TRYING TO UNDERSTAND THE BUSINESS A LITTLE BIT BETTER. WELL, WE WE'RE A LOT SMALLER SCALE, I'LL PUT IT THAT WAY. SO AS YOU NOTICED ON THE ON THE SCREEN WITH THE BUILDINGS THAT, YOU KNOW, WE DOWNSIZED FROM, YOU KNOW, THE WHOLE CORRIDOR OF WITH EIGHT BUILDINGS TO, TO TWO. SO WE'RE A LOT SMALLER NICHE. THE OPERATIONS THEMSELVES, LIKE I MENTIONED BEFORE, WE DON'T HAVE A LOT OF INVENTORY. WE WANT CARS OUT. WE DON'T WANT TO MEND. SO AS THEY COME IN, THEY LEAVE. AND LIKE I MENTIONED, WE'RE SMALLER BASED, JUST BUSINESS. SO WE WE HAVE A CAPACITY OF WHAT WE CAN HANDLE. AND SO WE KEEP IT SMALLER BASED. OKAY. CAN YOU SPEAK TO, I'M GUESSING THESE ARE GOOD ANSWERS, BUT I'M JUST SORT OF TEEING IT UP BECAUSE WHEN YOU SAID PAINT, I STARTED THINKING ABOUT EPA AND HOW THAT PARTICULAR, I GUESS, REPAIR IS HANDLED. CAN YOU SORT OF SPEAK TO SORT OF THE ENVIRONMENTAL SAFETY, FOR LACK OF A BETTER TERM THAT YOU USE JUST IN THE NORMAL COURSE? YEAH, OF COURSE. SO WE DO FOLLOW TO START OFF TO GET A CERTIFICATION FROM BMW IS NOT EASY WITH THAT. THEY'RE VERY THEY'RE, THEY'RE LEADERS IN, IN THAT FIELD WHERE ANYTHING THAT WE HAVE TO USE MUST BE IN COMPLIANCE WITH ANY ZONING AND CITIES THAT WE HAVE. SO FOR THIS EXAMPLE, OLIVER, PAINT BOOTHS, THEY'RE ENCLOSED ROOMS THAT HAVE SUPPRESSION SYSTEMS. OUR PAINT SYSTEMS ARE WATER BASED, SO THEY EMIT LESS JUST HARMFUL CHEMICALS IN THE IN THE AIR. SO YEAH, WE ABIDE BY ALL THE REGULATIONS THAT ARE THAT ARE MANDATED. OKAY. AND THEN THIS IS PROBABLY A STAFF QUESTION, BUT I JUST, YOU KNOW, FROM A, LIKE A CODE COMPLIANCE POINT OF VIEW, THIS IS AN EXISTING TENANT THAT'S BEEN THERE A LONG TIME. ANY ISSUES FROM THAT POINT OF VIEW, CODE COMPLIANCE OR ANY OF THOSE? I'M NOT AWARE OF ANY PROPERTY MAINTENANCE ISSUES FROM A CODE COMPLIANCE STANDPOINT. I HAVE VISITED WITH THE FIRE MARSHAL'S OFFICE. IT'S MY UNDERSTANDING THAT THEIR ONE OF THEIR VENTILATION SYSTEMS ASSOCIATED WITH THE PAINT BOOTH NEEDS TO HAVE AN UPDATED CERTIFICATION INSPECTION DONE THAT THAT HAS EXPIRED. SO THAT WOULD NEED TO BE ACCOMPLISHED IN. AND IF THIS SPECIAL PERMIT WAS APPROVED, THEN WE WOULD WORK WITH THE APPLICANT TO MAKE SURE THAT OCCURS. RIGHT. OKAY. THANK YOU. YEAH. ON THAT NOTE, JUST TO CLARIFY, WE DID HAVE A FIRE MARSHAL COME IN A MONTHS AGO, AND THAT PAINT BOOTH HAS NO LONGER IT'S BEEN DECONSTRUCTED, SO IT'S NO LONGER EXISTING. SO EVERYTHING THAT WE DO HAVE AT HAND IS IN COMPLIANCE WITH THE FIRE MARSHAL. SO YOU'RE NOT GOING TO GET A CERTIFICATION FOR THE DECOMMISSIONED PAINT BOOTH. I'M JUST KIDDING. THANK YOU, COMMISSIONER PURDY. YES. GREAT PRESENTATION I WROTE DOWN, GIVEN THAT SIGNIFICANT COLLISION REPAIR ASPECT, HOW DO YOU MANAGE THE THE TOW TRUCK TRAFFIC ON THE SITE AND NOT BLOCK THE STREET? I GOT BLOCKED BY A TOW TRUCK ON THE HIGHWAY TODAY, SO I COULD JUST IMAGINE THAT KIND OF A BLOCKAGE ON A NORMAL STREET. YEAH. WELL, A GOOD BENEFIT WE HAVE IS THE AREA HAS A NICE ALLEY IN THE BACK. SO WE'RE ABLE TO DIRECT MOST OF THOSE PERSONNEL IN THE BACK AND DO ALL THE UNLOADING AND LOADING WHERE IT'S NOT GOING TO INTERFERE. THE TRAFFIC ON INTERURBAN. THANK YOU. SO THIS IS PROBABLY FOR MR. GRAHAM WHEN YOU I DON'T WANT TO SPEND A LOT OF TIME ON YOUR VISION FOR THE REST OF THE. SINCE THAT'S NOT REALLY THE CASE AT HAND, BUT YOU DO SEEM TO GRASP WHAT THE INTENT OF THE INTERURBAN DISTRICT IS. AT LEAST IN THE APPEARANCE OF SOME OF YOUR NEW BUILDINGS AND ALL. AND AND WHAT YOU TALKED ABOUT IN YOUR APPLICATION ABOUT, YOU KNOW, KIND OF A DESIGN DISTRICT FOR REMODELING AND HOME IMPROVEMENTS AND FINISHES TILE, YOU KNOW, THOSE, THOSE KIND OF THINGS. SO. YOU OBVIOUSLY ARE WILLING TO MAKE THAT EXCEPTION FOR THIS TYPE OF USE, WHICH DOESN'T FIT IN WITH, WITH THE WAY YOU DESCRIBED YOUR VISION FOR THE DISTRICT, RIGHT? CORRECT. WELL, AND KIND OF WHAT [01:05:04] I WOULD OFFER UP IS CURRENTLY, YOU KNOW, WITH CLAY COULEE, IT WAS 100% AUTOMOTIVE. AND WE'RE, WE'RE KIND OF GOING TO REDUCE IT IMMEDIATELY TO LESS THAN 60% OF WHAT IT WAS, IF NOT MORE. SO WITH THAT, YOU KNOW, IT'S HARD TO PURCHASE A PROPERTY AND GO FROM 100% VACANCY. SO, YOU KNOW, KIND OF MY, YOU KNOW, OFFER TO THE CITY IS LIKE, THIS IS WE DIDN'T WANT TO KICK OUT SAL, QUITE HONESTLY, BECAUSE HE'S BEEN A LONG TERM OPERATOR. HE HAD A LEASE WITH CLAY COULEE. YOU KNOW, IF HE COULD STAY THERE, WE ALREADY SHRUNK HIM CONSIDERABLY. YOU KNOW, BECAUSE WE KNEW THE INTENT OF THE CITY OF RICHARDSON, WHICH I'M IN AGREEMENT WITH, QUITE HONESTLY. YOU KNOW, I THINK OBSERVING IT R THREE MONTHS, KIND OF DOING OUR DUE DILIGENCE, SAL, IS NOT THE PROBLEM WITH THE AUTOMOTIVE PORTIONS IN THAT DISTRICT. IT'S, YOU KNOW, IT'S THE HEAVY INVENTORY CAR USERS THERE OR TRUCK USERS, IF YOU KNOW, YOU WANT TO THERE, THE SAL DOESN'T PARK ON THE STREET. YOU KNOW, THE OTHER USERS USE THE STREET ALMOST AS IT'S THEIR OWN PROPERTY. SO THAT'S TO ME, YOU KNOW, I'M GOING TO TRY AND WORK WITH THE CITY TO TRY TO SEE WHAT WE CAN DO. BUT TO ME, SAL IS KIND OF A STABLE. IT'LL HELP US TRANSITION FROM 100% VACANCY OVER TIME TO TRY TO GET THE TRANSITION, I GUESS, KIND OF A, YOU KNOW, AN ON RAMP TO GET IT, GET THE TRANSITION GOING. OKAY. AND, AND I DIDN'T REALLY UNDERSTAND THAT SOLO WAS OCCUPIED A MUCH LARGER PART OF THE PROPERTY EARLIER. I'VE HEARD HE WAS JUST DOWNSIZED. SO IT'S KIND OF, IT'S KIND OF ONE OF THOSE THINGS SOLO GARAGE OR CLAY COOLEY HAD NO PLANS. SO IT WAS IT WAS REALLY HARD DURING DUE DILIGENCE TO EVEN GET TO UNDERSTAND, UNDERSTAND. OKAY, SAL, WHERE DO YOU START AND WHERE DO YOU STOP WITH CLAY COOLEY? BECAUSE THEY HAD CARS OVER THERE. IT WAS. SO THAT WAS KIND OF WHEN I SAY WE SHRUNK THEM, WE SHRUNK ALL OF CLAY COOLEY'S CARS, THEY'RE ALL GONE INSIDE THE BUILDINGS. AND WE HAVE, YOU KNOW, HE HE WAS WERE YOU OCCUPYING THREE SPACES? ROUGHLY? YEAH, ROUGHLY. YEAH. SO NOW THEY'RE IN TWO PER SE, BUT IT WASN'T 3 OR 4 OF THOSE. NO. I MEAN, LIKE I SAID, THEY MIGHT HAVE PARKED SOME CARS AND IT WAS HARD TO TELL WHAT WAS CLAY COOLEY'S AND WHAT WAS SAL'S. QUITE HONESTLY, DURING DUE DILIGENCE. AND NOW NOW WE KIND OF I MEAN, SAL IS 100% IN TWO SPACES. AND JUST SO I, YOU KNOW, I'M AWARE AND THIS COULD BE STAFF. WE HAVE ANOTHER SPECIAL PERMIT COMING UP AUTOMOTIVE RELATED IN THE SAME BLOCK. YES, THAT IS CORRECT. YEAH. THAT'S OFF OF BISHOP AVENUE. AND SO THAT IS CURRENTLY SCHEDULED TO GO TO YOU ON YOUR JUNE 2ND MEETING. AND THAT'S FOR MINOR AUTO REPAIR ALONG WITH VEHICLE STORAGE LOT. AND THAT'S, THAT'S ALSO ONE OF YOUR CUSTOMERS. YES. THAT'S MY 100% TO 40%. SO INCLUSIVE OF THIS OTHER APPLICANT. AND SAL, THEY WOULD BE THE 40%. THEY WOULD BE THE 40%. SORRY ABOUT THAT. OKAY. AND WHEN YOU LOOKED AT THE. THE SUBDISTRICTS GUIDELINES, SORRY. I THINK I'M SORRY. ALL RIGHT. I TOTALLY MESSED THIS UP. THANK YOU FOR THAT ASSISTANCE. YEAH. OKAY. HERE WE GO. YEAH. SO THE OTHER. THIS IS HOW. YOU HAVE THAT RIGHT THERE IS THE OTHER APPLICANT RIGHT THERE. SO THAT THAT'S ROUGHLY 10,000. ALL RIGHT. YOU'RE GONNA HAVE TO MOVE BACK TO THE MIC WHEN YOU'RE SPEAKING. SORRY. IT'S HARD TO. SO YES, ROUGHLY 10,010 THOUSAND. 10,000 FOR SAL, [01:10:08] 10,000 FOR THE OTHER APPLICANT OUT OF THE 50,000. ALL RIGHT. AND WHAT DO WE KNOW. STAFF HAVE ANY COMMENT ON THE THE BUILDINGS THAT ARE AT THE CORNER OF INTERURBAN AND JACKSON. THAT HAVE BEEN RECENTLY REMODELED. OR I CAN TELL YOU THAT. SO THE CORNER HERE WAS JUST PURCHASED LAST WEEK BY A TECHNICAL LIKE A SECURITY DATA COMPANY ON THE CORNER. YEAH. NORTHWEST CORNER OF INTERURBAN AND JACKSON. YEAH. IT'S A LITTLE SMALL THIS ONE. YEAH. YEAH. I'LL LET YOU DO THAT. LET ME. YES. AND THEN THE THE PERSON NEXT TO THEM AS A BAKERY, WHICH IS KIND OF A LIVING RESIDENCE BAKERY. THE ONE NEXT. YEAH. RIGHT THERE. YEAH. OKAY. AND THEN I WAS JUST GOING TO, WHEN YOU LOOKED AT THE SUB DISTRICT REQUIREMENTS. IT SEEMS LIKE YOU MORE OR LESS STUCK WITH WHAT CLAY COOLEY SPECIAL PERMIT REQUIRED. YES. KIND OF. MY AGREEMENT WITH CITY STAFF WAS WE UNDERSTAND THIS IS WHAT CLAY COOLEY REQUIRED. AND WE WE TOLD THEM WE WOULD IMPLEMENT WHAT THE PLAN WAS. SO I WILL COMMIT THAT. I WILL IMPLEMENT THOSE THOSE LANDSCAPE ITEMS AND HARDSCAPE ITEMS THAT WERE REPRESENTED THAT GO BACK TO THIS PLAN. SO RIGHT THERE, DO YOU HAVE ANY ANY OTHER. I'M SORRY. YEAH. DO YOU HAVE ANY PLANS FOR THE BUILDING FACADE? WE'VE ALREADY REDONE THE ROOF THIS WEEK. SO THAT IS KIND OF IN PROCESS. AS YOU CAN IMAGINE, WE'RE WE'RE TRYING TO WE'RE TRYING TO TAKE. I GUESS, A PHASED APPROACH. WE'RE DOING THE ROOFS FIRST. WE'RE TRYING TO GET ALL THE YOU KNOW SAL, IN COMPLIANCE. WE HAVE A WE HAVE A LEASE THAT IS GOING BEFORE THE SPECIAL USE. KIND OF PERMIT NEXT MONTH, NEXT COUPLE OF WEEKS. AND THEN, YOU KNOW, THE THIRD PHASE IS WE'RE TRYING TO GET APPROVAL FOR THE DEVELOPMENT TO THE SOUTH. AND KIND OF THE FOURTH PHASE IS WE SHOW A BUILDING WHAT IS CURRENTLY AN OUTDOOR PARKING AREA AT THE CORNER OF DAVIS AND BISHOP. BUT THAT'S PROBABLY NOT THIS CALENDAR YEAR. OKAY. ALL RIGHT. I DON'T HAVE ANY OTHER QUESTIONS. ANYBODY ELSE? OKAY. ALL RIGHT. WELL, WE'LL WE'LL OPEN THE PUBLIC HEARING NOW AND WE'LL ASK THE MEMBERS OF THE AUDIENCE LIKE TO COME FORWARD AND SPEAK, AND THEN WE'LL PROBABLY BRING YOU BACK AFTER AFTER THEY'RE DONE. OKAY. THANK YOU. OH YES, MA'AM. OKAY. SO THIS THIS IS OUR PUBLIC HEARING. DO WE HAVE ANY SPEAKERS THAT WOULD LIKE TO COME FORWARD, EITHER IN OPPOSITION OR IN FAVOR OF THE REQUEST? I DON'T HAVE ANY CARDS. YEP. THERESA DOUGLAS 1411. SCOTTSBORO. AND MY HUSBAND AND I ARE FOUNDERS AND CO-OWNERS OF FOUR BULLETS BREWERY, WHICH ARE RIGHT DOWN THE STREET FROM THEM. AND I JUST WANTED TO SAY THAT, I DON'T KNOW, SALES SALES STORY HAS JUST TOUCHED ME FOR SOME REASON. AND LIKE, WE DIDN'T EVEN KNOW HE WAS THERE ALL THESE YEARS. AND SO HE IS, AND LIKE YOU SAID SOMETHING ABOUT THE TOW TRUCKS AND THERE'S WE'VE SEEN NONE OF THAT. SO I WOULD LOVE FOR HIM TO STAY. ALL RIGHT. THANK YOU. ANYONE ELSE? WE DID GET THE ONE COMMENT IN OUR PACKET HERE TONIGHT. AND [01:15:03] THAT WAS IN OPPOSITION TO THE REQUEST. ALL RIGHT, MR. GRAHAM. CLOSING REMARKS. ALL RIGHT. ANY OTHER QUESTIONS THAT THE COMMISSION HAS THAT YOU'RE THINKING ABOUT THIS ACTUALLY DO GO AHEAD, MR. GRAHAM. SO I'M IN COMMERCIAL REAL ESTATE, AND SO YOU CLOSED ON THIS RECENTLY? YES, YES. AND SO ALL OF THESE ITEMS EITHER YOU KNEW ABOUT OR THEY CAME UP IN DUE DILIGENCE THAT HAVE PERMITTING RISK, FOR LACK OF A BETTER TERM, WITH WHETHER THEY'RE EXISTING TENANTS OR WHATEVER THE VISION IS. YOU'RE A BUSINESSMAN, YOU TOOK THOSE RISKS OR YOU DIDN'T KNOW THOSE RISKS ARE THERE. AND SO I'M JUST I'M JUST CURIOUS, MORE THAN ANYTHING ELSE ABOUT YOUR THOUGHT PROCESS AS THE LANDOWNER THAT BOUGHT SOME LAND AND HAD SOME PRETTY SIZABLE, I THINK, RISK WITH GOING THROUGH THIS PROCESS, WHETHER IT'S HERE AT THE COUNCIL LEVEL. CAN YOU CAN YOU COMMENT ON THAT? HONESTLY, YES. THE THE RISK IS DEFINITELY THERE. ANYTIME YOU HAVE TO GO TO PLANNING AND ZONING OR CITY COUNCIL. BUT WE JUST FELT LIKE IT WAS THE RIGHT THING TO DO FOR SAL. IS PROBABLY THE SIMPLE ANSWER. LIKE, IT'S NOT THAT THERE WOULDN'T BE RISK, BUT IF SAL WASN'T THERE, YES, IT WOULD BE VACANT. AND YOU KNOW, WE WOULD HAVE A LEASE UP TERM AND ALL THOSE THINGS. LIKE NOTHING REALLY CHANGES IN THAT ASPECT. BUT TO HAVE A SMALL BUSINESS THAT'S SUCCESSFUL, IT'S REALLY YOU DON'T REALLY JUST WANT TO TURN AWAY GOOD OWNERS. IN MY EXPERIENCE. THANK YOU. ALL RIGHT. WELL, I'M I'M STILL STRUGGLING A LITTLE BIT. I THINK FOR ME, ONE OF THE THINGS IS THAT, YOU KNOW, I'VE ALWAYS BEEN A PROPONENT OF CHANGING OVER THIS DISTRICT FROM AND GETTING AWAY FROM AUTOMOTIVE, AUTOMOTIVE USES. AND SO, YOU KNOW, AT SOME POINT WE HAVE TO DECIDE WHEN WE'RE GOING TO ACTUALLY DO THAT. RIGHT. AND SO THIS IS ONE OF THOSE MOMENTS WHEN IT'S BACK IN FRONT OF US. BUT, YOU KNOW, DRIVING BY, OBVIOUSLY I SAW I DIDN'T SEE ANY CARS, YOU KNOW. LIKE WRECKED AND SITTING OUT IN THE PARKING LOT OR ANYTHING. I COULD CLEARLY SEE EVERYTHING WAS INSIDE. BUT I GOT TO SAY, THE, THE OUTDOOR STORAGE LOT FROM THE ALLEY IS, YOU KNOW, PRETTY UNSIGHTLY. IT'S NOT JUST PARKING VEHICLES. IT'S, YOU KNOW, THERE'S METAL AND, YOU KNOW, ALL KINDS OF WHICH I HAVE ACTUALLY, I TOLD SAL TONIGHT, WE NEED A SCREEN ON THAT BACK FENCE. SO, YOU KNOW, THERE WITH ALL THE WIND, WE, THERE WAS A SCREEN UP THERE, BUT WE'RE GOING TO HAVE TO FIGURE THAT OUT BECAUSE I I'M IN AGREEMENT. YEAH. IT'S A JUNKYARD OVER THERE. AND, AND THAT THAT DOESN'T HELP THE CHARACTER OF, OF THE DISTRICT. I MEAN THEY'RE DOING SEEM TO BE DOING A GOOD JOB. I IT'S HARD TO TELL. I MEAN, I'M A LITTLE CONCERNED BECAUSE YOU'RE SAYING THEY WERE SPREAD OUT IN MULTIPLE BUILDINGS AND YOU DIDN'T KNOW WHERE THEY BEGAN AND WHERE THEY ENDED. SO BUT DRIVING BY, I, YOU KNOW, I DIDN'T SEE IN FRONT OF THOSE EITHER. THEY WERE OVER, I THINK, 40 CAR LIFTS FROM CLAY COOLEY BEFORE WE PURCHASED THE PROPERTY. AND 100% OF THOSE ARE GONE. YEAH. BUT THEN I LOOK AT THE EAST ELEVATION FRONTING ON INTERURBAN, WHICH, YOU KNOW, THAT'S AN IMPORTANT DISTRICT. THAT'S THE IMPORTANT MAIN STREET FOR THE DISTRICT. AND I THINK THE, YOU KNOW, THE LANDSCAPING CERTAINLY HELPS, BUT IT DOESN'T DO ANYTHING WITH THE ACTUAL FACADE OF THE BUILDING OR THE LOOK OR THE CHARACTER OR THE PAINT COLOR OR ANYTHING. AND IT'S PRETTY BEAT UP LOOKING. SO I, I HAVE AN ISSUE THAT, YOU KNOW, YOU SHOWED US SOME GREAT RENDERINGS OF WHAT YOU HAVE PLANNED IMMEDIATELY ACROSS THE STREET, AND YET YOU'RE NOT PROPOSING TO DO ANYTHING WITH THE FACADES OF THESE THESE BUILDINGS. IS THAT A QUESTION? I MEAN, OUR, OUR TO BE FAIR. THOSE ELEVATIONS WERE APPROVED BY THE CITY. YOU KNOW, I CAN I'M GLADLY, WILL GLADLY TALK TO THE CITY. IT'S IT'S [01:20:08] REALLY HARD TO MAKE ELEVATION CHANGES THAT ARE ALREADY APPROVED IN THE DISTRICT. SO YOU KIND OF HAVE TO GO BACK THROUGH THE PROCESS AGAIN, QUITE HONESTLY. SO I'M I'M NOT SAYING I WON'T DO THAT. I'M JUST SAYING AT THIS POINT WE'RE TRYING TO PICK OUR BATTLES. ON REPOSITIONING 50,000FT■S IN THE IN THE CORRIDOR. SO YEAH, AND I DON'T WANT TO GET OFF ON, ON A TANGENT THERE. WE'RE JUST TALKING ABOUT THIS 10,000FT■S OKAY, BUILDING RIGHT NOW, BUT THERE IS A REQUIREMENT. THE BUILDING SHALL HAVE NO BLANK FACADES AND LENGTHS GREATER THAN 20FT. SO THERE IS SOME WINDOWS GLAZING, BUT THERE'S NO OTHER DESIGN ELEMENTS. AND. SO THERE'S, THERE'S NO ESSENTIALLY I, I'M SURE STAFF COVERED THAT WITH YOU ABOUT HERE'S WHAT THE DISTRICT REQUIRES, BUT THERE'S BEEN NO. YEAH. BETWEEN THE ARTICULATION PART TO, TO DO ANYTHING ABOUT THAT, TO TRY TO ADDRESS THAT. IS THAT RIGHT? SO BECAUSE THEY WERE NOT PROPOSING TO MAKE ANY MODIFICATIONS TO THE BUILDING, THEY'RE WE DID NOT WORK WITH THEM TO BRING THE BUILDING MORE INTO COMPLIANCE. THE CHALLENGE YOU HAVE WITH THE BUILDINGS, NOT ONLY IN THIS DISTRICT, BUT ANY OF THE OTHER SUBDISTRICTS WITHIN MAIN STREET CENTRAL, IS THAT MANY OF THEM ARE NON-CONFORMING TODAY WITH RESPECT TO THE DESIGN STANDARDS THAT WERE ADOPTED IN THE CODE, THE CODE ACKNOWLEDGES, ALLOWING FOR THOSE NON-CONFORMITIES TO CONTINUE TO EXIST. AND IN THIS CASE, SINCE THEY WERE NOT ALTERING THE BUILDING THEN WE WEREN'T ENCOURAGING THEM OR WORKING WITH THEM TO BRING THE BUILDING CLOSER INTO COMPLIANCE OR FULL COMPLIANCE WITH THE DESIGN STANDARDS THAT ARE PROVIDED FOR IN THE CODE. OKAY. WELL, I SEEM TO REMEMBER A DIFFERENT CASE ON THE ARLEDGE MOTOR BUILDING. WHEN WE DID REQUIRE THE MODIFICATIONS, AND I'M SURE THERE WERE OTHER CIRCUMSTANCES RELATED TO THAT THAT MAY HAVE PROMPTED THAT REQUIREMENT, BUT. OKAY. SO THE ONLY AS FAR AS THE SCREENING RIGHT NOW. WHAT IS WHAT'S BEING PROPOSED? ON THE AS FAR AS OUTDOOR STORAGE LOT? WE'RE, WE'RE, WE'RE WORKING ON GETTING EVERYTHING WEATHER CLEANED OR ORGANIZED OUT IN THE BACK. LIKE I MENTIONED BEFORE, WE DID HAVE A FEW THINGS THAT OVERFLOWED INTO THE OTHER BUILDINGS. AND SO WHEN, WHEN THIS WAS PROPOSED, I MEAN, IN FAIRNESS, YEAH, I'M CHAIRMAN, I'M NOT SURE WHEN YOU DROVE BY, BUT IN THE MIDST OF THE LAST TEN DAYS, WE HAVE BEEN REROOFING THE ENTIRE INNER URBAN, ALL OF THOSE BUILDINGS. SO WE'VE KIND OF FORCED SAL INTO THAT STORAGE LOT IN ORDER TO MAKE SURE THAT WHILE EVERYTHING WAS BEING REROOFED, IT WASN'T FALLING ON THE CARS. QUITE HONESTLY, THAT WAS KIND OF ONE OF THE THINGS I'M NOT SURE WHEN YOU DROVE BY, BUT SAL HAS BEEN WORKING WITH US AND HAS BEEN VERY PATIENT. WHILE WE'RE GETTING THE ROOFS REDONE. OKAY, THANK YOU AGAIN. I'M JUST LOOKING FOR IS THERE ANY WHAT IS THE REQUIREMENT UNDER THIS FOR THE SCREENING, THE FENCING ON THE STORAGE LOT. I PRESUME YOU'RE WANTING STAFF TO ADDRESS THAT QUESTION. CHAIRMAN MARSHALL, ARE YOU WANTING TO UNDERSTAND THE REQUIREMENTS? OKAY, OKAY. YEAH, PLEASE. I JUST WANTED TO MAKE SURE. SO TYPICALLY FOR OUTDOOR STORAGE, IT IS REQUIRED TO BE LOCATED BEHIND A PRINCIPAL BUILDING AND WOULD BE SCREENED FROM VIEWS OF STREETS AND ADJACENT PROPERTIES. AND THE SCREENING WOULD CONSIST OF MASONRY WALLS, MINIMUM SIX FEET TALL, MAXIMUM EIGHT FEET TALL, ARCHITECTURALLY CONSISTENT WITH THE PRINCIPAL BUILDING ON THE SITE. TUBULAR STEEL FENCE MINIMUM SIX FEET TALL, MAXIMUM EIGHT FEET TALL, WITH AN IRRIGATED, SOLID [01:25:02] LANDSCAPE SCREEN CONSISTING OF EVERGREEN VARIETY TREES AND OR SHRUBS, MAINTAINING A MINIMUM HEIGHT OF SIX FEET. WITHIN TWO YEARS OF PLANNING OR ANY COMBINATION OF ABOVE, AND THEN MATERIALS WILL NOT BE ALLOWED TO BE STACKED ANY HIGHER. OKAY, RIGHT NOW THE I FOUND IT ON PAGE SEVEN OF OUR PACKET AND THAT WAS THE FENCING AND GATE FACING INTERURBAN STREET HAS ALSO BEEN APPROVED WITH A BLACK VINYL NETTING TO PROVIDE FOR IMPROVED SCREENING OF THE LOT FROM THE STREET. BUT THERE'S NOTHING ABOUT THE THE WEST SIDE FACING THE ALLEY ALSO SAYS THAT IT'S FOR VEHICLE STORAGE ONLY. IT'S NOT FOR. YEAH, I GUESS I MEAN OTHER MATERIALS, I GUESS IN THE LAST. SCATTERED AROUND IN THE LAST 15 DAYS, WE'VE PUT ON A NEW ROOF. THEY'VE REMOVED A PAINT BOOTH AND WE'VE ASKED THEM TO MOVE OUT ALL THEIR CARS WHILE THE ROOF IS GOING ON. SO YES, THERE IS A LOT GOING ON THERE. I HOPE Y'ALL WOULD UNDERSTAND THAT WE'RE TRYING TO TRANSITION FROM BUILDINGS THAT HAVE BASICALLY HAD NOTHING DONE TO THEM EXCEPT BEEN PAINTED OVER THE LAST 2 TO 3 YEARS, IF NOT 20. SO YES, I, I WILL COMMIT THAT THERE WILL BE CHANGES, BUT I FEEL LIKE THERE ALREADY HAS BEEN EXTREME CHANGE IN 18 DAYS. IT'S JUST IT'S GOING TO TAKE TIME. I MEAN, WE'VE ALREADY INVESTED A LOT OF CAPITAL TO GET THESE BUILDINGS STARTED AND, AND CONTINUE TO ASK LIKE, LET US KEEP SAL THERE FOR, YOU KNOW, WHILE WE'RE TRANSITIONING THE PROPERTIES OVER. IS THAT SAL, IS THAT RIGHT? THAT YOU'RE THE ULTIMATE PLAN WOULD BE JUST TO USE THAT FOR VEHICLE STORAGE AND THAT'S IT. NO PARTS OR ANYTHING. NO OTHER MATERIALS. THAT'S CORRECT. LIKE YOU MENTIONED, YOU KNOW, WE'VE BEEN SHUFFLING THINGS AROUND LEFT AND RIGHT AND BACK AND FORTH. AND WE FIGURED FOR THE TIME BEING, WE HAD TO MOVE CERTAIN THINGS OR ALLOCATE THEM OUTDOORS JUST SO MY GUYS AREN'T BEAT UP, YOU KNOW, DAY AFTER DAY, JUST HAVING TO MOVE EVERYTHING AROUND. SO WE ARE GOING TO BE WORKING VERY HEAVILY ON GETTING THAT CLEANED OUT FROM WHAT IT LOOKS LIKE NOW, BECAUSE AGAIN, IT I WILL SAY, I AGREE WITH YOU, IT DOESN'T LOOK AT ALL FEASIBLE OR, OR GOOD AT THE EYE, BUT WHAT WE'RE WORKING TO GET ALL THAT, YOU KNOW, CLEANED OUT WITHIN THE SHUFFLING OF EVERYTHING THAT'S GOING ON WITH THE, WITH THE IMPROVEMENTS IN THE BUILDINGS. SO WE WILL GET THAT ADDRESSED, WHICH JUST TO BE CLEAR, TO THE STORAGE KIND OF NEXT TO US THAT IS NOT FENCED IN IS NOT OURS. THE BAKERY NEXT DOOR. OKAY, I JUST, I JUST, I WAS JUST REFERRING TO 407. OKAY, OKAY. I JUST KNOW THERE'S A LOT OF, THERE'S A LOT OF OUTDOOR STORAGE AROUND. YEAH. NO, I'M JUST, I'M FOCUSED ON THE APPLICANT THAT'S IN FRONT OF CASE IN FRONT OF US. JUST TO CLARIFY FOR EVERYONE, YOU KNOW, IS THAT THE REQUEST FOR 407 IS FOR A MOTOR VEHICLE STORAGE LOT, WHICH MEANS AN APPROVED PARKING SURFACE USED SOLELY FOR THE STORAGE OF MOTOR VEHICLES AND TRANSIT TO A MOTOR VEHICLE SALES AND SERVICE CENTER OR MOTOR VEHICLE REPAIR SHOP. SO WHAT IS BEING REQUESTED HERE DOES NOT AUTHORIZE OUTDOOR STORAGE OF MATERIALS OR ANYTHING LIKE THAT. SO THEY WOULD THEY WOULD NEED TO COMPLY WITH ALL OF THAT REGARDLESS BECAUSE OF, YOU KNOW, THE LIMITATION WITH THE REQUEST BEING MADE. YEAH, THAT'S BUT THAT'S WHY I QUESTIONED WHY THERE WAS OTHER MATERIAL OUT THERE THAT DIDN'T SEEM TO BE IN COMPLIANCE WITH WHAT THE REQUEST IS. SO I'M TRYING TO UNDERSTAND THAT. SO OKAY, ANYBODY ELSE? ALL RIGHT. WELL, THANKS. ANY ANY OTHER CLOSING REMARKS BEFORE WE DECIDE THIS? I THINK TO HELP US TRANSITION, I THINK KEEPING STYLE IS OUR REQUEST. THANKS. ALL RIGHT. THANK YOU. OKAY. SO COMMISSIONER SHEK, DO WE NEED TO CLOSE PUBLIC HEARING FIRST? YES. MOTION TO CLOSE PUBLIC HEARING AND THEN I'LL COME BACK. COMMISSIONER ROBERTS, SECOND ON THE CLOSE. ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING? IT'S UNANIMOUS. OKAY. I THINK FIRST I'LL START BY SAYING I AGREE WITH YOU, AND I CAN'T IMAGINE WE'RE NOT ALL IN [01:30:03] AGREEMENT THAT THAT AREA HAS A VISION THAT HAS BEEN THERE FOR TEN, 15, HOWEVER MANY YEARS. SO OBVIOUSLY IT'S A PROCESS. THE THING THAT I LIKE ABOUT THIS, KEEPING THE PROJECT AS A WHOLE IN MIND, EVEN THOUGH I KNOW WE'RE LOOKING AT A SLICE OF IT, IS IT DOES GET US 60% OF THE WAY THERE WITH WHAT'S BEING PROPOSED. I LIKE THAT WE HAVE A BUSINESS THAT'S BEEN IN OUR COMMUNITY FOR 13, 14 YEARS, WORKED HERE, CONTRIBUTED HERE, SEEMED TO BE GOOD NEIGHBORS. WE'VE GOT AN AREA THAT'S DESIGNATED AS MIXED USE AND INDUSTRIAL. SO I THINK THIS IS A GOOD FIT OR REMAINS TO BE A GOOD FIT. AND THEN I THINK THE BENEFIT OF THE SPECIAL PERMIT DOESN'T HAVE THE PERMANENCY OF SOMETHING ELSE. SO THAT IF THIS AREA DOES CONTINUE TO TRANSITION AND THAT EXPIRES, THAT CAN GET US THE REST OF THE REST OF THE WAY THERE. BUT IN SUMMATION, I'D BE IN FAVOR OF THIS. OH, COMMISSIONER KELLER. SO YEAH, I'LL KIND OF PIGGYBACK ON THAT AND, AND I GUESS, MAKE SOME ADDITIONAL COMMENTS ON THAT AS WELL. SO I, I ALSO HAVE THE SAME THOUGHTS THAT, THAT YOU RAISE AS WELL AS CHAIRMAN MARSH ON, YOU KNOW, WANTING TO TRANSITION THIS DISTRICT AND SEE THE CHANGES THAT I THINK THAT WE ALL WANT TO SEE THERE. AND I'M CONFLICTED ON THIS, HONESTLY, I, I HEAR WHAT YOU'RE SAYING. I AGREE WITH SOME OF THE THINGS THAT YOU'VE STATED ABOUT THIS PARTICULAR BUSINESS, HAVING BEEN THERE FOR A NUMBER OF YEARS AND, YOU KNOW, BEING A GOOD NEIGHBOR, ETCETERA, ETCETERA. BUT ON THE OTHER SIDE, TO CHAIRMAN MARSH'S POINT THAT HE MADE SOME TIME AGO IS I THINK THAT AT SOME POINT WE'RE GOING TO HAVE TO MAKE THE DECISION ON WHEN DO WE SAY THAT WE'RE GOING TO PULL AWAY FROM THIS AND CONTINUE TO ALLOW, YOU KNOW, THESE TYPES OF BUSINESSES THAT DON'T REALLY FIT THE IDEA OF THE DISTRICT TO CONTINUE TO OPERATE HERE? AND I THINK IN MY MIND, AT LEAST, YOU KNOW, THE THE IDEA OF WHAT THE COMMUNITY HAS WANTED FOR THIS DISTRICT HAS CHANGED OVER TIME. OBVIOUSLY, THERE WAS THE DESCRIPTION THAT WAS A LITTLE BIT DIFFERENT THAN WHAT EXISTS NOW IN THE ENVISION PLAN, AND NOW IT'S KIND OF MORPHED A LITTLE BIT INTO SOMETHING THAT, YOU KNOW, TALKS ABOUT LIGHT INDUSTRIAL AND THINGS LIKE THAT, WHICH SEEM TO BE IN LINE WITH WHAT THE OWNER OF THE PROPERTY FOR THIS KIND OF SURROUNDING AREA IS PROPOSING. BUT IN MY MIND, THIS IS NOT LIGHT INDUSTRIAL. AND I THINK THE FACT, THE VERY FACT THAT WE HAVE A DISTINCTION BETWEEN, YOU KNOW, LIGHT INDUSTRIAL AND SOMETHING THAT'S SPECIFICALLY CALLED OUT IN AUTOMOTIVE REPAIR, IS ILLUSTRATIVE OF THAT FACT. AND SO, YOU KNOW, AGAIN, I THINK THIS IS A REALLY HARD CASE BECAUSE OF THE FACT THAT WE HAVE, YOU KNOW, SEEMINGLY GOOD BUSINESS, GOOD BUSINESS. OPERATOR. BUT I, I THINK THAT THERE ARE REAL REASONS WHY WE SHOULD CONSIDER AS A BODY AND ULTIMATELY AS A CITY, AGAIN, CHANGING COURSE AND USING THIS AS AN OPPORTUNITY TO DO THAT. I THINK THAT THE CODE IS WRITTEN THE WAY THAT IT IS TO ALLOW FOR, YOU KNOW, ONE OF THE THINGS THAT VICE CHAIRMAN BROUGHT UP WAS ESSENTIALLY THE ONLY REASON THIS IS HAPPENING IS BECAUSE THERE IS THIS TRIGGER, RIGHT, THAT ALLOWS FOR THIS TO BE CALLED INTO REVIEW. AND THAT IS, IN MY OPINION, WHY THAT TRIGGER EXISTS, SO THAT IT CAN BE CALLED INTO REVIEW. AND AGAIN, I THINK WE'RE CALLED UPON NOW AT THIS TIME, NOW THAT IT'S BEING CALLED AND REVIEWED TO MAKE THAT DECISION. AND I MY CONCERN IS WITH THIS PARTICULAR TENANT AND OCCUPANT, AS IS ALWAYS TRUE WITH ANYTIME WE TALK ABOUT THIS DISTRICT IS, YOU KNOW, YOU KIND OF HEAR THE SUGGESTION THAT THIS IS GOING TO BE TEMPORARY. GET US THROUGH. ET CETERA. ET CETERA. BUT AS WE'VE HEARD, THIS PARTICULAR TENANT HAS BEEN THERE FOR QUITE A WHILE. AND SO I DON'T SEE ANY INDICATION THAT THAT'S GOING TO CHANGE ANYTIME SOON. AND, YOU KNOW, I'VE SEEN THIS ON OTHER APPLICATIONS IN OTHER AREAS AND IN THIS AREA IN PARTICULAR, THAT I'VE KIND OF VOICED THE SAME CONCERN ON. AND SO I WOULD JUST REITERATE THAT HERE AGAIN TODAY, THAT'S CONCERN THAT I HAVE IS THAT IF WE WERE TO ALLOW FOR THIS TENANT TO REMAIN IN PLACE UNDER A SPECIAL PERMIT, WE MAY BE DOING THE CITY AND THE VISION A DISSERVICE BY NOT TAKING THE OPPORTUNITY TO DEPART FROM WHERE WE'VE BEEN HISTORICALLY. WELL, I'M JUST [01:35:09] GOING TO FOLLOW YOU UP THE. YEAH, IT'S A TOUGH IT'S A VERY TOUGH CASE BECAUSE I DON'T YOU KNOW, I LIKE I RESPECT BUSINESSES THAT ARE HERE. BEEN HERE A LONG TIME. BUT I DO THINK THIS IS, YOU KNOW, ONE OF THOSE MOMENTS WHEN WE HAVE TO TAKE A STAND AND IF WE'RE GOING TO CHANGE THE CHARACTER OF THE DISTRICT, WE GOT TO START AT SOME POINT. I WAS NOT PRESENT WHEN THE CLAY COOLEY DECISION WAS MADE, AND THAT WAS THE LAST SPECIAL PERMIT WAS GRANTED. SO I DON'T I DIDN'T HAVE A SAY AT THAT TIME. I LOOK AT JACKSON, AN INNER URBAN, AS ONE OF THE KEY INTERSECTION FOR THE INNER URBAN DISTRICT. THAT'S THE GATEWAY INTO CHINATOWN, RIGHT? AND I THINK WE YOU CAN SEE IT TODAY HAPPENING RIGHT AT THE CORNER. THE TRANSITION OF, OF THOSE BUILDINGS INTO SOMETHING, YOU KNOW, MORE, I'LL CALL IT SHOWROOM LIKE OR OFFICE LIKE THAT'S GOT THAT EDGY, KIND OF MIXED USE FEEL TO IT. YOU KNOW, THERE'S THOUGHTS OF RESIDENTIAL GOING IN HERE. AT SOME POINT THERE'S THE ABILITY TO GO TO, I BELIEVE, FOUR STORIES TALL ON THIS PROPERTY FOR SOME SORT OF ADAPTIVE REUSE. AND THOSE ARE THE KIND OF THINGS THAT I WOULD LIKE TO SEE HAPPEN IN URBAN AND THAT IT'S MORE RESTAURANTS, MAYBE RETAIL OR, YOU KNOW, RESIDENCES. AND I THINK AS LONG AS WE CONTINUE TO PERMIT THE AUTOMOTIVE USES TO CONTINUE, IT'S GOING TO BE EVEN HARDER TO, TO GET THOSE KIND OF USES TO COME IN THERE NEXT, RIGHT NEXT TO THEM. SO I DON'T WANT TO, YOU KNOW, I HATE TO PUT ANYBODY OUT OF A BUSINESS, BUT, YOU KNOW, THIS IS A USE THAT HAS NOT BEEN IN CONFORMANCE WITH CITY CODE AND CERTIFICATES OF OCCUPANCY OR SPECIAL PERMITS FOR A LONG TIME. IT'S SOMEWHAT BEEN OPERATING UNDER THE RADAR. AND SO IT'S, YOU KNOW, IT'S MAYBE UNFORTUNATE ON, ON FROM THEIR STANDPOINT THAT IT'S NOW COMING UP. BUT AND I'M ALSO CONCERNED THAT, YOU KNOW, IF IF WE SAY YES ON THIS ONE, THEN IN 2 OR 3 WEEKS, WE'RE GOING TO HAVE ANOTHER CASE RIGHT ACROSS THE STREET. IT'S GOING TO BE SOMEWHAT SIMILAR. AND WE'RE GOING TO BE TALKING ABOUT THE SAME THINGS. AND IT, YOU KNOW, IF YOU SAY YES NOW, YOU'RE PROBABLY GOING TO HAVE TO SAY YES ON THE NEXT ONE. SO, YOU KNOW, THAT'S NOT FAIR TO EITHER APPLICANT. BUT THAT'S IN MY MIND IS LIKE, OKAY, WHERE DO I, WHERE DO I START DRAWING THE LINE? I BROUGHT UP THE ARLEDGE BUILDING UP THE STREET WITH THE OUTDOOR STORAGE FOR THE BUILDING MATERIALS. AND, YOU KNOW, WE, WE APPROVED THAT. AND THE CITY COUNCIL ULTIMATELY APPROVED IT, BUT IT WAS CONTENTIOUS. BUT THERE WERE VERY SPECIFIC REQUIREMENTS ABOUT THE FACADE WAS GOING TO BE CHANGED AND UPGRADED. THERE WAS GOING TO BE ALL THIS LANDSCAPING PUT IN ALL THIS SCREENING. AND IT'S IT'S NOT HAPPENING, YOU KNOW, AND IT'S DID NOT GIVE US THE CHARACTER I THINK WE WERE LOOKING FOR. I HAVE A LITTLE BIT OF THE SAME CONCERNS HERE. THAT'S WHY I WAS PRESSING ABOUT, ARE WE GOING TO DO ANYTHING WITH THE FACADE TO MAKE THIS BUILDING ON INNER URBAN LOOK DIFFERENTLY? I MEAN, THE LANDSCAPING HELPS, BUT WE'RE NOT DOING ANYTHING TO DRESS IT UP. AND SO THAT'S WHY I WILL PROBABLY VOTE AGAINST THIS TONIGHT. MR. VICE CHAIRMAN. YEAH, I THINK WE'RE ALL A LITTLE CONFLICTED HERE BECAUSE WE LIKE IT WHENEVER WE HAVE LONG TERM RESIDENTS THAT ARE GOOD CITIZENS THAT THAT PUT THEIR HEAD DOWN AND DO WORK. AND SO AND YET WE ARE AT THIS TRIGGER POINT. SO. YOU KNOW, WHEN I THINK ABOUT INTER URBAN, IT ACTUALLY SORT OF GETS A LITTLE BIT BIGGER FOR ME BECAUSE I THINK ABOUT INTER URBAN AREA AS BEING EVERYTHING SORT OF SOUTH OF ARAPAHOE AND SORT OF NORTH OF BELTLINE. AND YOU CAN'T HELP BUT HAVE CLAY COULEE AND RELIABLE CHEVROLET IN THAT MIX. AND THAT'S A WHOLE LOT OF AUTOMOTIVE, EVEN IF THE REST OF IT ISN'T. AND SO THAT'S A CHALLENGE FOR ME AS I THINK ABOUT JUST AUTOMOTIVE IN GENERAL. AND SO AS I'M SITTING HERE, YOU KNOW, LISTENING TO A VERY APPEALING CASE AND, YOU KNOW, FOUR BULLETS, YOU KNOW, NEIGHBOR THAT COMES OUT IN SUPPORT, I'M CONFLICTED BECAUSE. [01:40:03] YOU KNOW, AS A NEIGHBOR, AS SOMEBODY THAT'S WANTS THIS KIND OF TENANT HERE, YOU KNOW, IT'S LIKE, THAT'S A, THAT'S JUST A NO BRAINER TO ME THAT, THAT, THAT, THAT SHOULD BE A YES. BUT YET WE DO THIS ZONING AND THESE PLANS FOR A REASON. AND WE HAVE THESE SORT OF TRIGGER POINTS AND THESE SPECIAL USE PERMITS SO THAT WHEN WE DO HAVE THE OPPORTUNITY, AS HAS BEEN STATED HERE A COUPLE OF TIMES, THAT WE CAN BE THOUGHTFUL ABOUT WHAT WE WANT FOR SORT OF THE GREATER GOOD OF THIS AREA. SO IF THIS RESIDENT OR THIS THIS APPLICANT AND SORT OF THE TENANT UNDERNEATH IT, IF THEY HADN'T BEEN THERE BEFORE, TO ME, THIS IS A NO BRAINER. NO, BECAUSE WE'RE TRYING TO CHANGE THIS. AND SO NOW I HAVE TO SORT OF TAKE A STEP BACK AND SAY, ALL RIGHT, IF I TRY TO TAKE THE EMOTIONAL PART OF THIS APPEAL OUT FOR THE THINGS THAT I LIKE ABOUT BEING GOOD NEIGHBORS AND GOOD CITIZENS AND GOOD BUSINESS OWNERS, THOSE ARE THE EMOTIONAL PARTS OF THIS TO ME, AND I TRY TO TRY TO SET THOSE ASIDE AND COMPARTMENTALIZE THIS FROM A SORT OF A BROADER ENVISION. RICHARDSON. IT GETS ME BACK TO WE REALLY ARE NOT WANTING THIS AREA TO BE MORE AUTOMOTIVE. AND THIS IS A POINT IN TIME THAT ALLOWS US TO DO THAT. SO, YOU KNOW, WHENEVER I WEIGH ALL OF THOSE THINGS, I SORT OF COME TO THE CONCLUSION, THE SAME CONCLUSION THAT THE CHAIR AND COMMISSIONER KELLER ARE SORT OF ALLUDING TO, THAT IT'S GOING TO BE HARD FOR ME TO SUPPORT THIS AS PRESENTED FOR THOSE REASONS. AND IT MAKES ME WANT TO SAY, OKAY, WHERE ELSE IN RICHARDSON DO WE ACTUALLY WANT THIS USAGE CASE SO WE COULD RELOCATE A REALLY GOOD GUY THERE? THAT'S THE WAY I THINK ABOUT IT. EVEN THOUGH THAT MIGHT NOT BE GREAT FOR THE LANDOWNER, WE, I THINK, WOULD LOVE TO HAVE IN THE RIGHT SPOT THIS BUSINESS FOR AS LONG AS WE CAN HAVE THEM IN THE RIGHT SPOT. SO THAT'S HOW I THINK ABOUT IT. COMMISSIONER CLARK. WELL, YES, I UNDERSTAND ALL THOSE ARGUMENTS AND I UNDERSTAND, I GUESS, WHAT THE VISION IS. BUT, YOU KNOW, I'M GOING TO LOOK AT WE HAVE A A STABLE BUSINESS THERE THAT'S BEEN THERE FOR QUITE SOME TIME. I'M GOING TO GO BACK TO WHAT COMMISSIONER SHEK SAID. AND, AND THEN TO TAG ALONG ON A SORT OF A DIFFERENT TAG FROM WHAT THE VICE CHAIR SAID. I JUST DON'T SEE HOW THAT AREA IS GOING TO CHANGE. I MEAN, YOU MENTIONED CHEVROLET AND THE CLAY COOLEY AND BUT YOU ALSO HAVE COLLISION OR CALIBER COLLISION THERE. I MEAN, THAT THAT I, I JUST DON'T SEE ANY DEVELOPER COMING IN THERE AND BUYING THAT AND TRYING TO PUT IN THE KINDS OF THINGS THAT, THAT THE, YOU KNOW, THE EDGY MIXED USE DISTRICT. I JUST, I, I JUST DON'T SEE IT WITH, WITH THOSE ANCHOR TENANTS, IF YOU WANT THAT ARE THAT ARE ON, I MEAN, BOOKEND THAT WHOLE THING. I KNOW IT'D BE, IT'D BE NICE TO HAVE, BUT I JUST CAN'T SEE US KICKING OUT A STABLE BUSINESS FOR A NICE TO HAVE UNTIL SOMEBODY COMES ALONG AND, AND HAS A PLAN TO ACTUALLY PUT A LOT OF THAT IN PLACE. SO I'M, I'M GOING TO SUPPORT THIS. COMMISSIONER ROBERTS, I HAVE A QUESTION FOR STAFF. I THINK EARLY ON IN THE PRESENTATION, YOU MENTIONED THE NUMBER OF VACANT BUILDINGS AROUND THERE. CAN YOU REITERATE THAT OR REPEAT THAT? SO NORTH OF THESE TWO BUILDINGS, THERE'S MAYBE THREE OTHER LOTS BETWEEN THE BUILDING AND DAVIS TO THE NORTH WITH THREE BUILDINGS. THOSE ARE VACANT. AND THEN IMMEDIATELY ACROSS THE ALLEY WHERE STEPHEN POINTED OUT AN AREA WHERE A FUTURE SPECIAL PERMIT WILL BE COMING TO YOU. THAT'S ANOTHER SET OF BUILDINGS THAT ARE VACANT TODAY TOO. OKAY. THANK YOU. SO IN MY OPINION, I DEFINITELY, YOU KNOW, HEAR THE ARGUMENT THAT VICE CHAIR AND CHAIRMAN MAKE REGARDING AND AND COMMISSIONER KELLY, REGARDING THE THE INTEGRITY OF THE VISION FOR THAT AREA. BUT I, I THINK I HAVE TO GO WITH COMMISSIONER CORK IN TERMS OF WHAT I'D LIKE TO SEE. I CAN'T SEE A BUSINESS THAT IS A VIABLE BUSINESS, GOOD NEIGHBOR, GOOD BUSINESS. AND, YOU KNOW, FOR THOSE REASONS I WOULD I WOULD BE IN FAVOR OF THEM, OF US RECOMMENDING APPROVAL. GOOD THING COMMISSIONER PURDY SHOWED UP FOR THIS MEETING. OTHERWISE WE [01:45:03] ONLY HAD SIX AND IT COULD HAVE BEEN THREE. THREE. RIGHT. SO AT LEAST WITH COMMISSIONER PURDY HERE, HE'S HE'S GOING TO HAVE THE FINAL SAY. WOULD YOU LIKE TO SAY ANYTHING OR YOU JUST WANT TO VOTE ON THE ISSUE? LET'S VOTE. ALL RIGHT. COMMISSIONER, WOULD YOU LIKE TO GO FIRST WITH. YEAH, ABSOLUTELY. I'LL GO AHEAD AND MAKE A MOTION TO APPROVE ZONING FILE. 2608 FOR THE SPECIAL PERMIT AND ALL CONSIDERATIONS LISTED FOR SOLO GARAGE, MISTER ROBERTS SECOND. OKAY, WE HAVE A MOTION AND SECOND, TO APPROVE ITEM ITEM THREE FOR APPROVAL. ALL THOSE IN FAVOR? ALL THOSE OPPOSED PASSES 4 TO 3 WITH MYSELF, THE VICE CHAIRMAN AND COMMISSIONER KELLER OPPOSED. SO GOOD LUCK WITH THE CITY COUNCIL. ALL RIGHT. THANK YOU. WE'LL NOW [4. Zoning File 26-10: CZO Text Amendments - Home occupations and home-based businesses (no impact): Consider and act on a request for City-initiated amendments to Appendix A (Comprehensive Zoning Ordinance) of the City of Richardson’s Code of Ordinances: Article I., Sec. 2 (Definitions) to amend the definition for "Home occupation" and add a definition for "home-based business (no impact)"; Article IV. R 1500-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article IV-A. R-2000-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article IV-B. R-1800-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article VI. R-1250-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article VII. R-1100 M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article VIII. R-1000-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article IX. R-950-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article XI. R-850-F Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; Article XII. R-850-M Residential District Regulations, Sec. 1. Use Regulations to add the use "Home-based business (no impact)"; a] MOVE ON TO ITEM NUMBER FOUR. THAT ZONING FILE 26 DASH TEN. THIS IS COMPREHENSIVE ZONING ORDINANCE TEXT AMENDMENTS. ANDREW. YEAH. GOOD EVENING, MR. CHAIRMAN, AND MEMBERS OF THE COMMISSION. LET ME JUST GET US TO WHERE WE NEED TO BE IN THE PRESENTATION HERE. OKAY. SO THIS IS ZONING FILE 2610. THESE ARE LEGISLATIVE RELATED AMENDMENTS TO THE COMPREHENSIVE ZONING ORDINANCE AS IT RELATES TO HOME OCCUPATIONS. THE REQUEST IS FOR CITY INITIATED AMENDMENTS TO THE AS IT RELATES TO ARTICLE ONE, SECTION TWO DEFINITIONS. SECTION ONE OF VARIOUS RESIDENTIAL ZONING DISTRICTS, THE USE REGULATIONS AND THEN ARTICLE 22, SECTION SIX SUPPLEMENTAL REGULATIONS FOR CERTAIN USES. SO JUST TO PROVIDE A LITTLE BIT OF BACKGROUND. SO FOLLOWING CONCLUSION OF THE 89TH LEGISLATIVE SESSION LAST YEAR, STAFF IDENTIFIED SEVERAL CHANGES TO PROCEDURES AND REGULATIONS THAT ARE NECESSARY TO ENSURE COMPLIANCE WITH THE NEWLY ADOPTED STATE STATUTES. AND WHILE SEVERAL PROCEDURAL ITEMS HAVE ALREADY BEEN ADDRESSED, THE FOLLOWING NEW LAWS WILL REQUIRE REGULATORY UPDATES TO THE CTO TO ENSURE COMPLIANCE. SO HOUSE BILL 24 ZONING PROTEST CRITERIA AND SENATE BILL 1567 DEFINITION OF FAMILY. WE'RE ALREADY PRESENTED AND RECOMMENDED FOR APPROVAL BY YOU ALL. AND TONIGHT WE'RE DEALING WITH. AND THOSE WILL BE MOVING ON TO CITY COUNCIL NEXT MONTH FOR FINAL ACTION. AND THEN TONIGHT WE'RE DEALING WITH SEEKING A RECOMMENDATION FROM FROM YOU ALL FOR HOUSE BILL 2464, DEALING WITH HOME OCCUPATIONS AND HOME BASED BUSINESSES. SO AT THE WORK SESSION, AT YOUR LAST MEETING, WE PRESENTED THE AMENDMENTS AND RECEIVED SOME ADDITIONAL FEEDBACK FROM YOU. IN ADDITION, THE COMMISSION GENERALLY CONCURRED WITH STAFF'S PROPOSED APPROACH, AND SINCE THE WORK SESSION, STAFF HAS MADE SOME ADDITIONAL REVISIONS TO THE PROPOSED SUPPLEMENTAL REGULATIONS APPLICABLE TO NO IMPACT HOME BASED BUSINESSES. AND I'LL WALK YOU THROUGH THOSE LATER ON IN THE PRESENTATION. SO FOR HOME OCCUPATIONS, THESE ARE THE CURRENT PROVISIONS. SO WE CURRENTLY ALLOW FOR HOME OCCUPATIONS BY RIGHT WITHIN NEARLY ALL OF THE CITY'S SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS. AND THEN ALSO, GIVEN THE CUMULATIVE NATURE OF THE CO, THESE USES ARE ALSO ALLOWED IN ALL THE OTHER RESIDENTIAL ZONING DISTRICTS SUCH AS TOWNHOME, PATIO, HOME, DUPLEXES AND APARTMENT DISTRICTS. THE TERM HOME OCCUPATION IS ALSO LISTED IN THE DEFINITION SECTION OF THE CO. AS PART OF THAT DEFINITION, THERE ARE 13 CRITERIA TO ENSURE COMPATIBILITY OF HOME OCCUPATION USES WITH THE SURROUNDING RESIDENTIAL NEIGHBORHOOD. SOME OF THESE CRITERIA INCLUDE THAT THEY SHALL BE CONDUCTED ENTIRELY WITHIN A COMPLETELY ENCLOSED STRUCTURE THAT IS SHALL BE ACCESSORY TO THE PRINCIPAL RESIDENTIAL USE THAT NO OUTSIDE STORAGE SHALL OCCUR, NO BUILDING ALTERATIONS THAT WOULD ALTER THE RESIDENTIAL CHARACTER, NO EMPLOYEES OTHER THAN FAMILY OR LAWFUL OCCUPANTS, NO NOXIOUS CONDITIONS, AND THAT NO ADDITIONAL TRAFFIC OR PARKING IN EXCESS OF WHAT IS TYPICALLY FOUND IN RESIDENTIAL AREAS. SO WHAT'S CHANGED WITH HOUSE BILL 2464? JUST TO REMIND YOU ALL AGAIN, THE STATUTE PREEMPTS CITIES SUCH THAT IT REMOVES THE ABILITY FOR CITIES TO REQUIRE PERMITS OR LICENSES FOR NO IMPACT HOME BASED BUSINESSES. THE CITY DOES NOT CURRENTLY REQUIRE PERMITS OR LICENSES FOR THESE SORTS OF BUSINESSES. SO WE'RE GOOD THERE. IN ADDITION, IT ALSO EASES THE ABILITY FOR HOME BASED BUSINESSES TO OPERATE WITHIN RESIDENTIAL NEIGHBORHOODS. AND SPECIFICALLY, IT PROVIDES A CARVE OUT FOR A NO IMPACT HOME BASED BUSINESS, [01:50:04] WHICH IS DEFINED AS A HOME BASED BUSINESS THAT IS OPERATED FROM A RESIDENTIAL PROPERTY BY THE OWNER OR TENANT OF THE PROPERTY FOR THE PURPOSE OF MANUFACTURING, PROVIDING OR SELLING A LAWFUL GOOD, OR PROVIDING A LAWFUL SERVICE, AS DEFINED FURTHER IN THE TEXAS LOCAL GOVERNMENT CODE. IN ADDITION, CITIES MAY REQUIRE HOME BASED BUSINESSES TO BE IN COMPLIANCE WITH LAWS INCLUDING MUNICIPAL FIRE AND BUILDING CODES, AS WELL AS REGULATIONS RELATED TO HEALTH AND SANITATION, TRAFFIC CONTROL, SOLID OR HAZARDOUS WASTE, POLLUTION AND NOISE CONTROL, AS WELL AS BE COMPATIBLE WITH RESIDENTIAL USE AND SECONDARY TO A PRIMARY RESIDENTIAL USE. IN ADDITION, DEED RESTRICTIONS CAN STILL APPLY AND BE MORE RESTRICTIVE THAN THAN THE STATUTE. SO TO OUTLINE THE PROPOSED CHANGES TO THE. AGAIN, WE'RE GOING TO NEED TO UPDATE THE DEFINITIONS SECTION TO PROVIDE FOR THAT. THAT NEW NO IMPACT HOME BASED BUSINESS. AS I OUTLINED DURING THE DURING THE WORK SESSION AT THE LAST MEETING, WE'RE GOING WITH THE TWO USE APPROACH. AND THEN IN ADDITION, WE'RE GOING TO NEED TO UPDATE ALL OF THE RESIDENTIAL DISTRICT REGULATIONS TO PROVIDE FOR THAT NO IMPACT HOME BASED BUSINESS USE. AND FINALLY BELIEVES IT'S APPROPRIATE TO PROVIDE FOR THE CRITERIA RELATED TO THE HOME OCCUPATION AND NO IMPACT HOME BASED BUSINESSES IN THE SUPPLEMENTAL REGULATIONS FOR CERTAIN USES CONSISTENT WITH WHAT WE. HOW WE TREAT OTHER USES IN. IN THE. SO THIS IS THE CURRENT DEFINITION FOR HOME OCCUPATION. IT'S A OCCUPATION THAT IS INCIDENTAL AND SECONDARY TO THE PRIMARY USE OF THE PREMISES AS A RESIDENCE AND CUSTOMARILY CONDUCTED IN A RESIDENTIAL DWELLING UNIT BY A MEMBER OF THE OCCUPANTS FAMILY ENTIRELY WITHIN THE MAIN STRUCTURE. PROVIDED THAT SUCH USE IS NOT DETRIMENTAL OR INJURIOUS TO ADJOINING PROPERTY AND LEGAL HOME. OCCUPATIONS NEED TO MEET ALL OF THE CRITERIA THAT ARE OUTLINED HERE. SO AGAIN, PROPOSING TO MOVE ALL OF THE PERFORMANCE CRITERIA TO THE SUPPLEMENTAL REGULATIONS SECTION AND THEN PROVIDE FOR THE NEW TWO USE USE APPROACH AS AS OUTLINED HERE. SO THESE ARE THE NEW DEFINITIONS AS PROPOSED. SO HOME OCCUPATION WOULD WOULD BE REVISED TO MEAN A BUSINESS OPERATING IN COMPLIANCE WITH THE SUPPLEMENTAL REGULATIONS WITHIN A RESIDENTIAL DWELLING. SO THAT'S A KEY A KEY DIFFERENTIATOR. SO FOR HOME OCCUPATION IT NEEDS TO ACTUALLY BE WITHIN THE RESIDENCE CONDUCTED BY THE OWNER OF THE TENANT OF THE PROPERTY AS AN ACCESSORY USE TO THE PRINCIPAL RESIDENTIAL USE FOR THE PURPOSE OF MANUFACTURING, PROVIDING OR SELLING A LAWFUL GOOD OR PROVIDING A LAWFUL SERVICE. AND THEN THE NEW USE AND DEFINITION IS CREATED FOR A NO IMPACT HOME BASED BUSINESS, WHICH MEANS A BUSINESS OPERATING IN COMPLIANCE WITH THE SUPPLEMENTAL REGULATIONS THAT IS OPERATED FROM A RESIDENTIAL PROPERTY. SO AGAIN, A NO IMPACT HOME BASED BUSINESS PER THE STATE GETS TO USE THE ENTIRE PROPERTY, NOT JUST THE INSIDE OF THE DWELLING, BY THE OWNER OR TENANT OF THE PROPERTY AS AN ACCESSORY USE TO THE PRINCIPAL RESIDENTIAL USE FOR THE PURPOSE OF MANUFACTURING, PROVIDING OR SELLING LAWFUL GOOD, OR PROVIDING A LAWFUL SERVICE. AND THEN HERE WE PROVIDE THAT FURTHER, AS FURTHER DEFINED IN THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THERE ARE SOME THINGS THAT THE STATE PREEMPTS US ON AND PROVIDES ADDITIONAL REGULATIONS FOR WITHIN THE TEXAS LOCAL GOVERNMENT CODE. AND SO WE WANT TO MAKE SURE THAT WE MAKE REFERENCE TO THAT. AND THEN THESE ARE ALL OF THE RESIDENTIAL DISTRICT REGULATIONS. SO ALL OF THE USES IN EACH OF THESE RESIDENTIAL DISTRICTS READS THE SAME. SO ESSENTIALLY WE'RE JUST ADDING HOME BASED BUSINESS, NO IMPACT. THE NEW USE JUST ABOVE HOME OCCUPATION AS PROVIDED HERE. AND THEN FINALLY THE PROPOSED SUPPLEMENTAL REGULATIONS. SO THIS IS WHERE WE'RE GOING TO PROVIDE DIFFERENT PERFORMANCE CRITERIA FOR HOME OCCUPATION USE AND A NO IMPACT HOME BASED BUSINESS. AND I'LL WALK YOU THROUGH SOME OF THE DIFFERENCES HERE. SO AS AS I MENTIONED BEFORE, CURRENTLY WE HAVE 13 PERFORMANCE CRITERIA FOR HOME OCCUPATION. NOW WE'RE PROPOSING 15 AND SOME OF THAT IS BECAUSE WE'VE TAKEN SOME OF THE THE USES, SOME OF THE PERFORMANCE CRITERIA RELATED TO THE THE USE BEING ACCESSORY TO THE PRINCIPAL RESIDENTIAL DWELLING USE OUT OF THE BASE DEFINITION AND ADDED IT AS A PERFORMANCE CRITERIA. IN ADDITION, WE'VE MADE SOME OTHER OTHER MODIFICATIONS. SO SO THIS THIS NEW. THE FIRST CRITERIA IS NEW BECAUSE WE'VE TAKEN IT OUT OF THE BASE DEFINITION AND MADE IT ITS OWN PERFORMANCE CRITERIA THAT IT SHALL BE INCIDENTAL AND SECONDARY TO THE PRIMARY USE AS A RESIDENCE AND CUSTOMARILY CONDUCTED IN A RESIDENTIAL DWELLING UNIT. SO WE CURRENTLY HAVE THAT. WE'RE JUST MOVING IT AS A AS A SEPARATE CRITERIA. AND THEN NO NUMBER FIVE, NO ACTIVITY SHALL OCCUR. THAT INDICATES FROM THE EXTERIOR OF THE PRINCIPAL BUILDING THAT THE PREMISES ARE BEING USED FOR ANYTHING OTHER THAN A DWELLING. WE THOUGHT THAT WAS APPROPRIATE TO ADD, GIVEN THAT THE THE STATUTE PROVIDES FOR MAKING SURE THAT THE USE IS COMPATIBLE [01:55:08] WITH THE RESIDENTIAL NEIGHBORHOOD. AND THEN NUMBER SEVEN, WE ADDED SOME ADDITIONAL LANGUAGE THAT MERCHANDISE SHALL NOT BE OFFERED OR DISPLAYED FOR SALE ON THE PREMISES. THIS IS TO PROVIDE FURTHER ASSURANCE THAT INCIDENTAL SALES TO A SERVICE CAN OCCUR, BUT THAT IT'S NOT, YOU KNOW, PRINCIPAL USE ASSOCIATED WITH THE HOME OCCUPATION. FINALLY, NUMBER EIGHT, THE OUTSIDE STORAGE OR DISPLAY OF MATERIALS, GOODS, WARES, MERCHANDISE, SUPPLIES OR EQUIPMENT IS PROHIBITED. THIS IS BROKEN OFF FROM ONE OF THE OTHER CRITERIA AS A NEW SEPARATE CRITERIA. NUMBER NINE, THIS IS SOMETHING THAT'S BEEN MODIFIED. SO IT'S CURRENTLY PROVIDED ON THE ONLY PEOPLE THAT MAY BE EMPLOYED OR WORK AT THE HOME. OCCUPATION MAY BE NEED TO BE THE OWNER OR OR LAWFUL TENANT OF THE PPERTY. THE STATE PROVIDES FOR A IN ADDITION TO THAT, THAT ONE PERSON WHO IS NOT AN OCCUPANT OF THE RESIDENCE MAY BE EMPLOYED AND WORK AT THE RESIDENCE. A PERSON WHO RECEIVES A WAGE, SALARY OR PERCENTAGE OF PROFITS DIRECTLY RELATED TO THE HOME OCCUPATION SHALL BE CONSIDERED AN EMPLOYEE. BUT FOR PURPOSES OF THIS PARAGRAPH, THE COORDINATION AND SUPERVISION OF EMPLOYEES WHO DO NOT REGULARLY VISIT THE RESIDENCE FOR THE PURPOSES RELATED TO THE BUSINESS SHALL NOT BE CONSIDERED AS WORKING AT THE RESIDENCE, AND THEN NUMBERS TEN THROUGH 14. THOSE ARE ALL LARGELY THE SAME. AND THEN NUMBER 15, WE'VE ADDED THIS ALL PARKING RELATED TO THE OPERATION OF THE HOME OCCUPATION MUST BE ACCOMMODATED WITHIN THE REQUIRED OFF STREET PARKING FOR THE RESIDENCE OR ALONG THE STREET FRONTAGE OF THE PROPERTY. SO ANOTHER KEY DIFFERENTIATOR BETWEEN THE NO IMPACT HOME BASED BUSINESS AND THE HOME OCCUPATION IS THAT FOR A REGULAR HOME OCCUPATION, YOU GET TO USE THE STREET FRONTAGE OF A. ALONG THE THE FRONTAGE OF THE PROPERTY TO. TO HAVE PARKING. WHEREAS A NO IMPACT HOME BASED BUSINESS. THE PARKING MUST OCCUR OFF STREET ON THE RESIDENTIAL PROPERTY. AND THEN. THESE ARE THE CRITERIA THAT ARE PROPOSED FOR THE NO IMPACT HOME BASED BUSINESS NUMBERS ONE THROUGH THREE GENERALLY DEAL WITH ENSURING COMPATIBILITY WITH THE RESIDENTIAL NEIGHBORHOOD. NUMBER FOUR, NO IMPACT. HOME BASED BUSINESS SHALL OPERATE IN A MANNER IN WHICH NONE OF ITS ACTIVITIES ARE VISIBLE FROM THE STREET, SO YOU GET TO USE THE WHOLE PROPERTY. BUT AT THE SAME TIME, THE STATE PROVIDES THAT MUNICIPALITIES CAN STILL PROVIDE REGULATION TO ENSURE RESIDENTIAL COMPATIBILITY. SO THIS SPEAKS TO THAT AS WELL. NUMBER FIVE, THIS THE STATE ALLOWS FOR EVEN GREATER FLEXIBILITY FOR A NO IMPACT HOME BASED BUSINESS AS IT RELATES TO THE NUMBER OF EMPLOYEES. SO AT ANY TIME ON THE PROPERTY WHERE THE BUSINESS IS OPERATED, THE TOTAL NUMBER OF EMPLOYEES, EMPLOYEES AND CLIENTS OR PATRONS OF THE BUSINESS SHALL NOT EXCEED THE OCCUPANCY LIMIT AS ESTABLISHED BY THE FIRE CODE NUMBER SIX. THIS IS SOMETHING THAT'S BEEN CHANGED SINCE THE WORK SESSION. SO PREVIOUSLY WE MADE A CALL OUT REFERENCE TO THE PERFORMANCE STANDARDS SECTION OF THE. BUT WE DID NOT HAVE THAT CALL OUT FOR OTHER USES IN THE HOME OCCUPATION CRITERIA OR THE NO IMPACT HOME BASED BUSINESS. SO WE JUST TOOK THAT REFERENCE OUT TO BE CONSISTENT. BUT THE THE STATE STILL ALLOWS US TO REGULATE NOISE. SO THIS IS STILL PROVIDED FOR NUMBER SEVEN, NO IMPACT HOME BASED BUSINESS. THIS IS NEW. THIS IS SOMETHING THAT WE'VE ADDED BECAUSE THE STATE ALLOWS US TO DO SO. SO WE'VE PROVIDED THAT THE THE BUSINESS SHALL BE IN COMPLIANCE WITH BUILDING AND FIRE CODES, AS AMENDED, AND ALL REGULATIONS RELATED TO HEALTH AND SANITATION, SOLID OR HAZARDOUS WASTE AND POLLUTION CONTROL. THIS IS KIND OF A CATCH ALL CRITERIA, BECAUSE WE ARE NOT SPECIFICALLY AUTHORIZED TO HAVE ALL OF THE MORE DETAILED CRITERIA THAT WE HAVE FOR HOME OCCUPATION, YOU KNOW, DEALING WITH NOXIOUS USES AND THINGS LIKE THAT. SO WE'VE WE'VE PROVIDED THIS SORT OF CATCH ALL CRITERIA TO ACCOUNT FOR MOST OF THOSE CONCERNS. AND THEN NUMBER EIGHT SHALL NOT GENERATE ON STREET PARKING OR SUBSTANTIAL INCREASE IN TRAFFIC. THAT'S UNCHANGED. AND THEN THIS ONE IS SOMETHING NEW THAT WE'VE ADDED OR REVISED SINCE THE WORK SESSION WITH YOU ALL AT YOUR LAST MEETING, ALL PARKING FOR EMPLOYEES, PATRONS AND CLIENTS MUST BE ACCOMMODATED WITHIN THE OFF STREET PARKING ON THE PROPERTY. AND SO WE'VE ADDED THAT FOR NO IMPACT, HOME BASED BUSINESSES ON RESIDENTIAL PROPERTIES THAT ARE ACCESSIBLE BY A PAVED ALLEY, IN ADDITION TO THE REQUIRED OFF STREET PARKING SPACES AND AN ENCLOSED GARAGE, AND THE REQUIRED PAVED AREA FOR MANEUVERING OF VEHICLES INTO THE ENCLOSED GARAGE STRUCTURE, UP TO ONE ADDITIONAL PAVED SPACE NOT EXCEEDING NINE FEET IN WIDTH AND 18FT IN LENGTH, MAY BE PROVIDED IN THE REAR YARD OF THE PROPERTY FOR THE PARKING OF A VEHICLE BY AN EMPLOYEE OR CUSTOMER OF THE NO IMPACT HOME BASED BUSINESS. FOR THE STORING OF A VEHICLE ASSOCIATED WITH THE NO IMPACT HOME BASED BUSINESS. AND SO THE REASON WHY [02:00:02] WE PROVIDED FOR THIS IS BECAUSE FOR THE THE FRONTAGE OF THE PROPERTY. SO ALONG THE STREET WE HAVE WE ALREADY HAVE LIMITATIONS IN PLACE AS IT RELATES TO PAVED AREA. SO I THINK, I THINK THE, THE MAXIMUM, DEPENDING ON THE SIZE OF THE PROPERTY IS UP TO 50% OF THE FRONT YARD MAY BE PAVED. WE DO NOT HAVE THAT REQUIREMENT IN OUR ORDINANCE CURRENTLY FOR THE REAR YARD. SO CURRENTLY ANYONE COULD PAVE OVER THEIR ENTIRE REAR YARD OF THE PROPERTY. SO FOR A NO IMPACT HOME BASED BUSINESS, IN ORDER TO ENSURE COMPATIBILITY WITH RESIDENTIAL NEIGHBORHOOD, WE WANTED TO PROVIDE A LITTLE BIT OF FLEXIBILITY FOR SOMEONE TO HAVE, YOU KNOW, AN ADDITIONAL PAVED AREA TO ACCOMMODATE THEIR BUSINESS BECAUSE YOU CAN CANNOT HAVE PARKING ON THE STREET. BUT WE DID NOT WANT TO HAVE AN EXCESSIVE AMOUNT OF PAVED AREA IN THE REAR OF THE PROPERTY. AND THEN JUST TO GO THROUGH THE DIFFERENT CRITERIA, AGAIN, THIS, THIS IS DONE IN A TABLE. SO YOU CAN SEE KIND OF WHAT THE SIMILARITIES AND DIFFERENCES ARE FOR THE DIFFERENT CRITERIA. SO ACCESSORY USE THIS IS GENERALLY CONSISTENT ACROSS THE BOARD FOR BOTH HOME OCCUPATIONS AND NO IMPACT SECONDARY TO THE PRIMARY USES OF DWELLING FOR HOME OCCUPATIONS. WE HAVE THE ADDITIONAL CRITERIA THAT IT SHALL BE CUSTOMARILY CONDUCTED IN A RESIDENTIAL DWELLING UNIT. THAT PROTECTION IS NOT IN PLACE FOR A NO IMPACT, OTHER THAN IT SHALL BE COMPATIBLE WITH THE RESIDENTIAL USE OF THE PROPERTY FOR BUILDING MODIFICATIONS. THIS IS CONSISTENT FOR BOTH. YOU CANNOT ALTER THE RESIDENTIAL CHARACTER FOR THE AREA OF THE USE, SO THIS IS A KEY DIFFERENTIATOR. SO FOR HOME OCCUPATION SHALL NOT EXCEED 20% OF THE TOTAL FLOOR AREA OF THE PRINCIPAL BUILDING AND SHALL BE CONDUCTED ENTIRELY WITHIN THE PRINCIPAL BUILDING. HOWEVER, FOR A NO IMPACT, YOU'RE ALLOWED TO USE THE ENTIRE PROPERTY SO LONG AS NONE OF THE ACTIVITIES ARE VISIBLE FROM THE STREET FOR EMPLOYEES AND OCCUPANCY FOR HOME OCCUPATIONS, IT'S A LITTLE MORE LIMITED. ONLY ONE PERSON WHO IS NOT AN OCCUPANT OF THE RESIDENCE MAY BE EMPLOYED AND WORK AT THE RESIDENCE. HOWEVER, FOR A NO IMPACT, TOTAL NUMBER OF EMPLOYEES AND CLIENTS SHALL NOT EXCEED THE OCCUPANCY LIMIT AS ESTABLISHED BY THE FIRE CODE. PARKING AND TRAFFIC ANOTHER KEY DIFFERENTIATOR NO TRAFFIC IN GREATER VOLUMES THAN TYPICALLY EXPECTED FOR A HOME OCCUPATION. USE, AS WELL AS ALL PARKING MUST BE ACCOMMODATED WITHIN THE REQUIRED OFF STREET PARKING OR ALONG THE STREET FRONTAGE, WHEREAS FOR A NO IMPACT SHALL NOT HAVE ANY ON STREET PARKING OR INCREASE IN TRAFFIC THROUGH THE AREA, AND ALL PARKING MUST BE ACCOMMODATED WITHIN THE OFF STREET PARKING ON THE PROPERTY. IN ADDITION, WE PROVIDED THAT CARVE OUT TO ALLOW FOR ONE SPACE IN THE REAR OF THE YARD FOR A NO IMPACT HOME BASED BUSINESS. OUTDOOR ACTIVITIES FOR HOME OCCUPATIONS NO ACTIVITY SHALL OCCUR THAT IS VISIBLE TO THE EXTERIOR. NO SIGNS, ADVERTISEMENT OR DISPLAY OUTSIDE STORAGE IS PROHIBITED, HOWEVER, FOR NO IMPACT. THE ONLY THING THAT WE WE CAN DO IS SHALL OPERATE IN WHICH NONE OF THE ACTIVITIES ARE VISIBLE FROM THE STREET. SO AS LONG AS IT'S BEHIND THE FENCE, IT'S NOT VISIBLE. THEY'RE THEY'RE ALLOWED TO DO IT. MERCHANDISE FOR SALE SHALL NOT BE OFFERED FOR SALE OR DISPLAYED FOR SALE ON THE PREMISES. INCIDENTAL SALES FOR PREVIOUSLY MADE ORDERS ARE ALLOWED TO OCCUR FOR HOME OCCUPATION. HOWEVER, FOR NO IMPACT THAT WE'RE NOT ALLOWED TO TO CONTROL THAT AND THEN NOISE THIS IS GENERALLY THE SAME SHALL NOT BE IN EXCESS FOR FOR THOSE NORMALLY FOUND IN RESIDENTIAL AREAS AND SHALL NOT IN. FOR NO IMPACT SHALL NOT INCREASE THE NOISE IN THE AREA OF THE PROPERTY. AND THEN FINALLY, FOR THE OTHER IMPACTS, NOXIOUS IMPACTS, WE HAVE THOSE MORE DETAILED REQUIREMENTS FOR HOME OCCUPATIONS WITH A NUMBER OF DIFFERENT CRITERIA. AND THEN FOR NO IMPACT, WE HAVE THAT CATCH. ALL THAT'S PROVIDED FOR IN THE STATUTE SHALL BE IN COMPLIANCE WITH THE BUILDING AND FIRE CODES. ALL REGULATIONS RELATED TO HEALTH AND SANITATION, SOLID OR HAZARDOUS WASTE, AS WELL AS POLLUTION CONTROL. SO THAT ALL BEING SAID, FOR AS IT RELATES TO CORRESPONDENCE AND THE REQUIREMENTS FOR PUBLIC HEARING. SO WE ARE REQUIRED TO DO A PUBLIC HEARING TONIGHT, EVEN THOUGH NOTICE THROUGH THROUGH LETTERS OR THE NEWSPAPER IS NOT REQUIRED FOR CPC. HOWEVER, THE NOTICE IS REQUIRED TO BE PUBLISHED IN THE NEWSPAPER FOR COUNCIL. IN ADDITION, NOTICE HAS BEEN PUBLISHED ON THE CITY'S WEBSITE AND TO DATE STAFF. TO DATE, STAFF HAS NOT RECEIVED ANY CORRESPONDENCE REGARDING THIS REQUEST. SHOULD THE CPC CONCUR WITH THE PROPOSED TEXT AMENDMENTS, THE MOTION SHOULD BE MADE AS FOLLOWS. TO RECOMMEND APPROVAL OF THE AMENDMENTS TO THE CO AS PRESENTED. AND WITH THAT, I WILL BE HAPPY TO TAKE ANY QUESTIONS YOU MAY HAVE. ALL OF IT SEEMS GOOD TO ME. OBVIOUSLY WE COVERED IT THIS AT OUR LAST MEETING, BUT I DO QUESTION ONE OF THE UPDATED CHANGES, AND THIS HAS TO DO WITH THE SUPPLEMENTAL REGULATIONS UNDER SECTION TEN B, NUMBER NINE. SO THE VERY LAST POINT HAVING TO [02:05:09] DO WITH LIMITING THE OFF STREET PARKING TO ONE ADDITIONAL PAVED SPACE TO, IN MY OPINION, WE'RE KIND OF OPENING OURSELVES UP FOR POTENTIAL LITIGATION. I THINK THERE I THINK THAT'S MAYBE. MAYBE MORE LIMITING THAN THE, THAN THE LEGISLATURE INTENDED, YOU KNOW, TO THAT WE'RE IT'S OVERREACH ON THE CITY'S PART BECAUSE, YOU KNOW, UNDER THE A NO IMPACT HOME BASED BUSINESS, THEY ARE ALLOWED TO USE THE ENTIRE PROPERTY. IT'S NOT LIMITED TO THE DWELLING. THEY'RE ALLOWED TO USE OUTSIDE STORAGE, AS LONG AS IT'S NOT VISIBLE FROM THE STREET. THEY ARE ALLOWED TO SELL MERCHANDISE AS LONG OUTSIDE, AS LONG AS IT'S NOT VISIBLE FROM THE STREET. SO WHEN YOU GET INTO, SAY, YOU CAN DO ALL THAT, BUT WE'RE ONLY GOING TO GIVE YOU ONE PART EXTRA PARKING SPACE FOR ALL THAT. I THINK THAT'S WHERE WE'RE GOING TO RUN AFOUL WITH SOMEBODY MAYBE FROM THE STATE SAYING YOU WERE DOING FINE UP UNTIL THAT POINT. AND THEN AND THEN YOU GOT, YOU KNOW, YOU TRIED TO BE A LITTLE TOO, TOO RESTRICTIVE. SO I, YOU KNOW, I MEAN, I, I COULD SEE SOMEBODY ARGUING, LOOK, YOU KNOW, IF THEY'VE GOT A PARTICULARLY LARGE LOT THAT'S NOT PUBLIC FACING IN ANY WAY AND IT'S SCREENED AND WHETHER IT'S LANDSCAPING, TREES, SIGNS, BRICK WALL OR WHATEVER, I MEAN, AND THEY'VE GOT A YARD FULL OF MERCHANDISE OR STORAGE OR WHATEVER, AND THEY WANT TO HAVE TWO PARKING SPOTS BACK THERE. I MEAN, I DON'T KNOW WHY WE WOULD CARE IF THEY HAD ROOM FOR TEN SPOTS BACK THERE. I DON'T KNOW WHY WE'D CARE AS LONG AS IT'S NOT CREATING MORE TRAFFIC IN THE NEIGHBORHOOD. SO I UNDERSTAND, I UNDERSTAND WHERE YOUR CONCERN WAS COMING FROM. LIKE, WELL, ON THE FRONTAGE LOT, WE CAN CONTROL THE AMOUNT OF PAVING ON THE FRONTAGE, WHEREAS ON THE ALLEY WE CAN'T. SO I UNDERSTAND THE NEED, BUT I THINK IT'S OVERREACH. OKAY. YEAH, NO, I UNDERSTAND YOUR POINT. ONE THING I WANTED TO POINT OUT IS THAT THE THE ONE SPACE MIGHT BE A LITTLE MISLEADING BECAUSE IF YOU, IF YOU LOOK AT THIS, YOU'RE ALLOWED TO HAVE THE, YOU'RE ALLOWED TO USE THE ADDITIONAL DRIVEWAY THAT YOU MAY ALREADY HAVE IN PLACE TO MANEUVER VEHICLES IN AND OUT OF THE GARAGE. SO MANY, MOST RESIDENCES ALREADY HAVE ADDITIONAL PAVED AREA IN WHICH THEY CAN USE. SO THAT PAVED AREA THAT GOES BETWEEN THE GARAGE AND THE ALLEY, ALONG WITH, YOU KNOW, DEPENDING ON THE GARAGE CONFIGURATION, THE, YOU KNOW, THERE MAY BE A, YOU KNOW, JAY SWING GARAGE OFF OF AN ALLEY WHERE THEY HAVE ADDITIONAL, YOU KNOW, MANEUVERABILITY AREA THAT THEY NEED TO SWING CARS THROUGH. SO YOU'RE ALLOWED TO USE THAT ADDITIONAL PAVING AREA ALREADY. THIS PROVIDES THE OPPORTUNITY FOR AN ADDITIONAL PAVED SPACE BEYOND THAT. AND SO WE JUST WANTED TO PUT IN, YOU KNOW, WHAT WE THOUGHT WAS, YOU KNOW, A, YOU KNOW, A REASONABLE ALLOWANCE FOR A NO IMPACT HOME BASED BUSINESS, GIVEN THAT YOU'RE NOT ALLOWED TO USE THE STREET WHILE AT THE SAME TIME, YOU KNOW, PROTECTING THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD SO THAT WE DO NOT HAVE, YOU KNOW, EXCESSIVE PAVED AREA AND, YOU KNOW, ESSENTIALLY A, YOU KNOW, LARGE SCALE BUSINESS OPERATION USE OCCURRING IN THE REAR YARD OFF OF THE ALLEY, POTENTIALLY ADVERSELY AFFECTING SURROUNDING PROPERTIES. AND, AND WHAT BUT WHAT IS THE STATUTE SAY? SO THE STATUTE DOES ALLOW FOR CITIES TO PROVIDE. REGULATIONS TO ENSURE COMPATIBILITY WITH THE RESIDENTIAL USE OF THE PROPERTY, WHERE THE BUSINESS IS LOCATED, AND SECONDARY TO THE USE OF THE PROPERTY AS A RESIDENTIAL DWELLING. SO PUTTING INTO PLACE REASONABLE CONTROLS AS IT RELATES TO PAVED AREA VEHICULAR PARKING HELPS TO ENSURE THAT THAT THE THE HOME, THE NO IMPACT HOME BASED BUSINESS IS TRULY SECONDARY TO THE USE OF THE PROPERTY AND COMPATIBLE WITH THE RESIDENTIAL USE. YEAH, THAT DIDN'T SELL ME AND CONVINCED ME I, I THINK IT'S AGAIN, I THINK IT'S OPENING US UP TO. YOU KNOW, SOMEONE SAYING, [02:10:01] LOOK, I'VE GOT ROOM. IT'S SCREENED. WHY CAN'T I PUT THREE MORE SPACES? I'VE GOT A TRUCK THAT I NEED, I NEED TO PARK THERE. AND THEN I GOT AN EMPLOYEE THAT SHOWS UP TO WORK OR THIS ONE DOESN'T EVEN LIMIT, YOU KNOW, THE OTHER DEFINITION LIMITED IT TO ONE EXTRA EMPLOYEE WHO'S NOT AN OCCUPANT THERE. THIS IS NOT UNDER THIS NO IMPACT. IT'S JUST HOW MANY PEOPLE WILL THE FIRE MARSHAL ALLOW IN THERE? RIGHT? SO YOU COULD HAVE, YOU KNOW, 10 OR 20 PEOPLE IN THERE THAT MAY NOT BE ABLE TO PARK IN THE DRIVEWAY MANEUVER, YOU KNOW? AND SO AGAIN, I THINK IT'S, I UNDERSTAND, I UNDERSTAND THE REASONING. I JUST DON'T THINK IT CAN STAND UP. IT'S GOING TO HOLD WATER. YEAH. NO. YEAH. AND I THINK THAT'S A FAIR POINT. AND, YOU KNOW, THERE'S A FAIR AMOUNT OF TIME BETWEEN TONIGHT AND WHEN THIS IS SCHEDULED TO GO TO COUNCIL ON, ON JUNE 15TH CURRENTLY. AND SO WE CAN CERTAINLY HAVE MORE INTERNAL DISCUSSION AND VISIT WITH OUR CITY ATTORNEY ON THIS ONE, AS I SAY. BUT TO THAT POINT, WE DID VISIT WITH OUR CITY ATTORNEY. AND THAT'S WHAT I WANTED TO INTERJECT WITH, IS THAT WE DID TALK WITH OUR CITY ATTORNEY REGARDING ADDING THIS PROVISION, BECAUSE THE CONCERN IS BECAUSE THE STATUTE DOES ALLOW FOR SUCH INCREASED USAGE OF THE PROPERTY. HOW DO WE HELP ENSURE THAT WE'RE NOT INCREASING THE ADDITIONAL TRAFFIC AND WE'RE STILL MAINTAINING THE RESIDENTIAL CHARACTER? AND THE CONCERN IS THAT SOMEBODY COULD COME AND PARK HOWEVER MANY VEHICLES THEY COULD BE ABLE TO FIT IN THEIR BACKYARD. AND SO SINCE THEY'RE LIMITED TO ON SITE PARKING, HENCE THE ALLOWANCE FOR AN ADDITIONAL PARKING SPACE. SO SHOULD THEY HAVE THE NEED FOR THAT AND WANT TO GO THROUGH THAT EXPENSE OF PAVING THAT THAT THEY COULD BE ABLE TO DO SO? SO WE'RE TRYING TO PREVENT SOMEBODY FROM PAVING THEIR ENTIRE BACKYARD FOR PURPOSES OF JUST VEHICLE PARKING, BECAUSE I THINK YOU START TO YOU START TO CHALLENGE WHETHER OR NOT WE ARE MAINTAINING THE RESIDENTIAL CHARACTER STILL OF THE NEIGHBORHOOD, WHICH THE STATUTE DOES ALLOW US TO CONTINUE TO BE ABLE TO ENFORCE. SO I, I DON'T KNOW IF THAT HELPS ADDRESS. IT'S GOING TO BE ON A CASE BY CASE BASIS, RIGHT? I MEAN, THAT'S, YOU KNOW, IF IT'S IF THEIR BACKYARD IS NOT VISIBLE FROM PUBLIC VIEW, WHAT SO WHAT IF THEY WANT TO PAVE IT OR GRAVEL IT, YOU KNOW, AGAIN, I, I THINK THAT THE STATE SAID A CITY'S HANDS OFF, YOU NEED TO ALLOW THESE HOME BASED BUSINESSES AND NOT GET IN THEIR WAY. AND WE'RE GOING TO BROADEN IT UP. WE'RE GOING TO SAY THEY CAN DO THIS OUTSIDE STORAGE. THEY CAN HAVE AS MANY PEOPLE THERE AS THEY YOU KNOW, THE FIRE CODE WILL ALLOW, YOU KNOW, YEAH, IT STILL HAS TO BE COMPATIBLE WITH RESIDENTIAL USES AND ALL. BUT I, I THINK THIS IS OVERREACH. I THINK THIS IS THE ONE PLACE WHERE WE KIND OF OVERSTEPPED THEIR BOUNDS OF TRYING. WE'RE GETTING A LITTLE TOO CUTE ON IT, TRYING TO PROTECT OURSELVES WHEN I THINK WE CAN ARGUE THE OTHER WAY, YOU KNOW, AND, AND IT WOULD JUST HAVE TO BE ON A CASE BY CASE BASIS WHERE YOU LOOK AT THE SITE AND THE SURROUNDING PROPERTIES AND SCREENING AND WHAT THEY'RE DOING AND SAY IS THIS, YOU KNOW, DO WE CARE IF IT'S ONE OR 3 OR 10 OR WHATEVER? COMMISSIONER PURDY YES, I AGREE WITH ALL THAT. AND MY QUESTION IS, IS THERE ANY WAY TO MEASURE THE IMPACT OF THIS UPDATE? DO WE HAVE A BASELINE NUMBER OF HOME OCCUPATION BUSINESSES TODAY? AND THEN TAKE ANOTHER MEASUREMENT POST THIS TO SAY, OH, THAT NUMBER WENT UP OR DOWN OR ANYTHING LIKE THAT AVAILABLE TO, TO THE CITY STAFF? YEAH. SINCE WE DO NOT PROVIDE FOR LICENSING OR PERMITS FOR HOME OCCUPATION USES, THERE REALLY IS, THERE REALLY IS NO WAY OF TRACKING THIS. AND SO AS FAR AS WHAT DEFINITION THEY'RE GOING TO FALL UNDER, IT'S GOING TO BE KIND OF ON A CASE BY CASE BASIS. AND SO IF SOMEONE APPROACHES THE CITY AND MENTIONS THAT THEY'RE WANTING TO DO A HOME OCCUPATION USE, AND WE'LL BE ABLE TO TALK WITH THEM AND KIND OF DETERMINE WHAT CRITERIA THEY FALL UNDER, PROVIDE THEM THE REGULATIONS AND, YOU KNOW, AND GIVE THEM THAT GUIDANCE. AND THEN ON THE KIND OF A MORE OF A REACTIVE APPROACH, YOU KNOW, WHEN WE IF WE GET COMPLAINTS ON, YOU KNOW, A PARTICULAR HOME OCCUPATION USE OCCURRING, WE CAN, YOU KNOW, LOOK AT THE EVIDENCE OF WHAT'S OCCURRING AND ALL OF THAT AND SEE WHAT USE THEY MAY BE CLOSER ONE WAY OR THE OTHER. AND YOU KNOW WHAT, WHAT THEY NEED TO DO TO BE BROUGHT INTO COMPLIANCE WITH THAT, THAT USE CATEGORY. WELL, AND IF I COULD PIGGYBACK ON THAT, THE STATE HAS NOW MADE IT EVEN MORE DIFFICULT FOR US TO BE ABLE TO TRACK THAT, BECAUSE ESPECIALLY ON THE NO IMPACT HOME BASED BUSINESSES, IT'S SAYING THAT YOU CANNOT REQUIRE ANY LICENSE, PERMIT OR ANYTHING OF THAT NATURE. SO THE SHORT ANSWER TO YOUR QUESTION IS NO, WE WON'T HAVE ANY DATA ON THAT. ANY OTHER QUESTIONS DIGESTING YOUR COMMENTS AND WITH WHAT [02:15:08] CHAIRPERSON MARCH SAID AND SOMETHING THAT YOU MENTIONED DURING THE PRESENTATION, YOU SAID SORT OF CASUALLY, SOMEONE COULD TECHNICALLY PAY HALF OF THEIR YARD. THAT IS CORRECT. THAT SOMEBODY COULD, WITHOUT A PERMIT, PAVE WHATEVER PORTION OF THEIR REAR YARD FOR WHATEVER PURPOSE THEY SEE FIT. SO FOR THE REAR YARD CURRENTLY, IF IT'S, YOU KNOW, NOT ASSOCIATED WITH THE HOME HOME OCCUPATION, THEN YEAH, THERE'S NO REQUIREMENT AS IT RELATES TO REAR YARD PAVING. OKAY. THEN JUST FOR THE RECORD, I AGREE WITH CHAIRPERSON MARSH THAT I THINK THAT THEN DOES FEEL LIKE IT'S PUTTING A LIMITATION ON SOMETHING, THEN THAT WOULDN'T HAVE A LIMITATION IF IT WAS NOT A HOME BASED BUSINESS. MR. VICE CHAIRMAN YEAH, JUST SORT OF BUILDING ON THE SORT OF THE SCENARIO, I GUESS, THAT WE'RE, WE'RE CONTEMPLATING HERE. SO IF WE APPROVE THIS THIS WAY AND IT WENT ALL THE WAY THROUGH, AND THEN THERE WAS AN ISSUE WITH A HOME BASED BUSINESS THAT WANTED TO PAVE TWO SPOTS. WHAT WOULD THAT PROCESS LOOK LIKE? WOULD IT BE A, LIKE A SPECIAL USE PERMIT? OR THEY'RE JUST FLAT CAN'T DO IT. YEAH. THEY WOULD NOT BE ABLE TO DO IT. I MEAN, ULTIMATELY, I MEAN, I THINK THEY WOULD HAVE TO I THINK THEIR ONLY RELIEF WOULD BE THAT THEY COULD THEY COULD REQUEST A VARIANCE TO THE ZONING BOARD OF ADJUSTMENT AND THEN BUT THEY WOULD BE TASKED WITH DEMONSTRATING A PROPERTY HARDSHIP. SO THE, THE ONE THING I WAS GOING TO OFFER UP IS IF THE COMMISSION HAS CONCERN WITH THE PROVISION THAT WE ADDED RELATED TO ALLOWING FOR ONE ADDITIONAL. THE ONE ADDITIONAL PARKING SPACE, IF YOU'RE CONCERNED THAT THAT LANGUAGE IS STILL OVERREACHING IN MY SUBJECT AS TO TO FURTHER CHALLENGE. IF YOU'RE SATISFIED WITH THE REST OF THE PROPOSED ORDINANCE AMENDMENTS, YOU COULD MAKE A MOTION TO RECOMMEND APPROVAL WITH STRIKING THE ALLOWANCE FOR THE ADDITIONAL PARKING SPACE BEING PROVIDED BY MOTION BUSINESS. SO I JUST WANT TO OFFER THAT UP. YOU KNOW, YOU COULD DO THAT. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT. WE I'D LIKE TO GO AHEAD AND OPEN THE PUBLIC HEARING. IS ANYONE HERE TONIGHT WOULD LIKE TO COME FORWARD AND SPEAK ON THIS MATTER, EITHER FOR OR AGAINST? I HAVE ONE QUESTION. I MEAN, ONCE YOU START I MEAN, WHY DON'T YOU WANT TO JUST COME UP AND IDENTIFY YOURSELF AND YOUR NAME AND ADDRESS? AND MY NAME IS LIZ D'AMELIO. I LIVE AT 316 CROSSOVER DRIVE HERE IN RICHARDSON. I'VE LIVED IN THE IN RICHARDSON FOR 27 YEARS ALREADY. AND MY QUESTION I WAS JUST OBSERVING. MY QUESTION TO YOU IS, I MEAN, IF YOU APPROVE SOMETHING LIKE THIS AND THE PLACE GOES BANKRUPT OR THEY MOVE. WHAT HAPPENS IF SOMEBODY ELSE MOVES IN THERE AND WINDS UP MAKING THEM MECHANIC SHOP OR WHATEVER? AND IT REQUIRES A LOT OF A LOT OF VEHICLES OR WHATEVER, BECAUSE YOU'VE ALREADY APPROVED THIS HOME AS A BUSINESS. WHAT HAPPENS THEN? I MEAN, I, I GUESS LOGICALLY, I DON'T I'M KIND OF WORRIED ABOUT THE CITY, HONESTLY. I MEAN, IT SEEMS LIKE IT'S, IT WAS SUCH A BEAUTIFUL CITY AND NOW IT'S LIKE COLLAPSING INTO SOUTH DALLAS AREA. I MEAN, WHICH I'D HATE TO SAY THAT, BUT I. RICHARDSON HAS ALWAYS BEEN A BEAUTIFUL CITY. I MEAN, IT'S ACQUIRED BEAUTIFUL RESIDENTS, PEOPLE THAT TAKE CARE OF THEIR YARDS BUSINESSES. ET CETERA. ET CETERA. ET CETERA. AND WE'VE ALLOWED WELL NOT WE, BUT YOU GUYS HAVE ALLOWED BUSINESSES TO OPEN UP. I MEAN, AND I DON'T KNOW, I, I SEE A LOT OF BUSINESSES THAT ARE I'M WORRIED ABOUT THE CITY. I MEAN, BECAUSE I DON'T THINK Y'ALL ARE, ARE, ARE ACTUALLY SEEING WHAT'S GOING ON. I MEAN, AND THESE HOUSES THAT ARE TWO, THREE STORIES HIGH, I MEAN, HOW FAR ARE WE GOING TO GO REGARDING THE HOUSING AS WELL AND APARTMENTS, I MEAN, I DON'T KNOW, I'M JUST THINKING LOGICALLY AND I'M THINKING OUT LOUD, BUT IT'S SOMETHING THAT I THINK Y'ALL NEED TO WORRY ABOUT OR TAKE A SERIOUS THOUGHT ABOUT IT. BECAUSE I MEAN, THE APARTMENT. THE BUILDINGS OF APARTMENTS HAVE REALLY COME UP AS WELL. I MEAN, WHAT ARE WE WORRIED ABOUT? THE WATER SOURCE, I MEAN, ELECTRICITY ET CETERA. ET CETERA. ET CETERA. ANYWAYS, I JUST WANTED TO JUST SAY THAT OUT LOUD, BUT I GREATLY [02:20:06] APPRECIATE EVERYTHING THAT Y'ALL DO BECAUSE I KNOW IT'S HARD WORK. SO ANYWAYS, THANK YOU. JUST WANTED TO SAY SOMETHING. THANK YOU. YEAH, THANKS. ANYONE ELSE? ALL RIGHT, I MOVE. WE CLOSE THE PUBLIC HEARING. COMMISSIONER PURDY. SECONDED. ALL THOSE IN FAVOR CLOSING PUBLIC HEARING PASSES UNANIMOUSLY. ALL RIGHT. SO, WELL, JUST TO ADDRESS THE COMMENT, THIS, WE'RE REALLY BEING FORCED TO DEAL WITH THIS BECAUSE OF THE STATE LAW THAT'S BEEN ENACTED. AND AND IN ORDER TO BE IN CONFORMANCE WITH STATE LAW, WE'RE HAVING TO IMPLEMENT THIS, THESE CHANGES TO OUR COMPREHENSIVE ZONING ORDINANCE. SO THAT'S WHO'S DRIVING THIS. SO WITHOUT ANY ANY OTHER COMMENTS OR QUESTIONS. OTHERWISE. COMMISSIONER PURDY I'LL JUST SAY THAT THERE IS SOME, SOME STUFF GOING ON WITH STATE LAWS HAVING REALLY BAD IMPACTS ON CITIES. I'LL JUST USE MEMPHIS AS AN EXAMPLE. YOU KNOW, WE DON'T WANT TO END UP. I DON'T THINK WE RUN THE RISK OF, OF, OF LANDING THERE WITH THIS PARTICULARLY. I JUST SIDE WITH THE ENTREPRENEURS, YOU KNOW, SOUNDS LIKE, YOU KNOW, WE, WE MIGHT BE HANDICAPPED HANDICAPPING THEM WITH SOME OF THIS UPDATES HERE. YEAH. AND I'M, AND MY COMMENTS ARE NOT BASED ON THAT. I'M IN FAVOR OF A LOT OF PARKING. I REALLY DON'T WANT TO SEE THAT AT ALL. BUT I'M JUST LOOKING AT THE LAW AND HOW I READ IT AND WHAT I THINK THE INTERPRETATION WAS. AND I JUST FEEL LIKE WE WE HAVE OVERREACHED IN THAT. SO MY MOTION WOULD BE TO RECOMMEND APPROVAL OF AGENDA ITEM FOUR, AS PRESENTED WITH THE EXCEPTION THAT THE SUPPLEMENTAL REGULATIONS, SECTION TEN BE. NINE WE WOULD DELETE. WE WOULD ONLY KEEP THAT FIRST SENTENCE AND WE DELETE THE REST OF THE PARAGRAPH. I'LL SECOND IT. SECOND FROM VICE CHAIRMAN THOMPSON. ALL THOSE IN FAVOR? THAT UNANIMOUS? GREAT. THANK YOU. IT PASSES. ALL RIGHT. SO [5. Staff report on pending development, zoning permits, and planning matters.] NOW WE HAVE ONE LAST THING. THIS IS ITEM FIVE. THIS IS OUR STAFF REPORT ON PENDING DEVELOPMENT ZONING PERMITS AND PLANNING MATTERS. YES, MR. CHAIRMAN AND THE COMMISSIONERS. SO JUST TO UPDATE YOU ON GREENWOOD PARK, THE ZONING CASE FOR UP TO ■40 SINGLE FAMILY RESIDENTIAL LOTS ON THE WEST SIDE OF WEST SHORE, JUST NORTH OF ARAPAHO. THAT WAS APPROVED UNANIMOUSLY BY CITY COUNCIL ON MAY 11TH. AND THEN THERE'S ALSO A SPECIAL PERMIT, AS ALLUDED TO EARLIER, DURING ONE OF THE OTHER CASES FOR MINOR AUTO REPAIR AND CAR WASH, AS WELL AS VEHICLE STORAGE LOT ON BISHOP AVENUE THAT WILL BE TRACKING TO YOU ON JUNE 2ND. AND THEN WE HAVE A COUPLE OF ADDITIONAL ITEMS THAT ARE THEY'LL BE TRACKING TO YOU ON THE JUNE 16TH MEETING. IN ADDITION, THE THE ZONING CASES FOR BACK NINE GARAGE. THOSE WILL MOVE FORWARD TO CITY COUNCIL ON JUNE 8TH, AND THE TEXT AMENDMENTS WILL MOVE FORWARD TO CITY COUNCIL ON JUNE 15TH. AND THEN TINA HAS SOME UPDATES ON SOME ITEMS THAT WE TALKED ABOUT AT CITY COUNCIL LAST NIGHT. SO YEAH, I JUST WANTED TO GIVE THE COMMISSION AN UPDATE. NOT SURE IF YOU HAD AN OPPORTUNITY TO WATCH THE MEETING LAST NIGHT, BUT THERE WAS A PRESENTATION REGARDING A PROPOSED APPROACH RELATED TO A NEW UNIFIED DEVELOPMENT CODE. AND AS PART OF THAT PRESENTATION, WE HAD DISCUSSED WITH COUNCIL THE OPPORTUNITY TO WORK ON A NEW CODE THAT WOULD CONSOLIDATE OUR ZONING REGULATIONS, SUBDIVISION DEVELOPMENT REGULATIONS, AND SIGNAGE INTO ONE CODE. AND SO COUNCIL DID AUTHORIZE US TO GO AHEAD AND MOVE FORWARD WITH ISSUING AN RFQ FOR THAT PARTICULAR PROJECT. SO WE WILL START WORKING ON THAT. WE DID COMMIT TO COME BACK TO COUNCIL ONCE WE'VE NEGOTIATED A SCOPE OF WORK. THEY WERE INTERESTED IN POSSIBLY SOME A LA CARTE OPTIONS IN TERMS OF, YOU KNOW, WHETHER OR NOT WE DO THE ZONING AND THE SUBDIVISION AND DEVELOPMENT ORDINANCE AND THE SIGNAGE OR COMBINATION THEREOF, LEVELS OF PUBLIC ENGAGEMENT THAT MIGHT BE PURSUED. THERE WAS DISCUSSION REGARDING WHETHER OR NOT A TECHNICAL ADVISORY COMMITTEE IS INCLUDED IN THAT. SO WE COMMITTED TO BRINGING THAT BACK TO THEM BEFORE WE APPROVED ANY FINAL CONTRACTS RELATED TO THAT. SO IF YOU HAVE TIME AND ARE INTERESTED IN WATCHING THAT CONVERSATION AGAIN, THAT WAS LAST NIGHT'S COUNCIL MEETING FOR YOUR BENEFIT. SO THANK YOU. ANYTHING ELSE? ALL RIGHT. THANK [02:25:03] YOU. WE'RE * This transcript was compiled from uncorrected Closed Captioning.