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AND PROMOTION OF OPPORTUNITIES AND PROGRAM TUESDAY,[A. WORK SESSION AGENDA:]
NOVEMBER 14TH, 2023.I'D LIKE TO CALL THE ORDER, UH, THIS WORK SESSION OF THE CEDAR DESOTO PLANNING AND ZONING COMMISSION.
UH, THE FIRST ITEM ON THE AGENDA IS TO CONSIDER THE APPROVAL OF THE MINUTES FROM THE PLANNING ZONING REGULAR, UH, MEETING HELD ON OCTOBER 24TH, 2023.
COMMISSIONERS, UH, HAVEN'T HAD AN OPPORTUNITY TO REVIEW THE MINUTES.
ARE THERE ANY ADDITIONS OR DELETIONS OR CORRECTIONS TO THOSE MINUTES? YES, SIR.
MS. RAP, I HAVE A FREE RECOMMENDATIONS THAT I'D LIKE TO MAKE ON E ONE UNDER CITIZEN.
I BELIEVE IT'S CITIZENS APPEARANCES.
I THINK IT MIGHT BE NICE IF WE INCLUDED, UM, THAT THERE WERE NO CITIZENS APPEARANCES.
JUST, I JUST THINK THAT MIGHT, IT MAKES IT, UH, CONCRETE, UH, BECAUSE, AND THEN ALSO UNDER PUBLIC HEARING, NUMBER ONE, I THINK IT MIGHT BE GOOD IF WE ADDED THAT NO PERSON SPOKE DURING THE PUBLIC HEARING, EITHER IN FAVOR OR IN OPPOSITION OF IT.
AND I ALSO THINK THERE WAS SOMETHING, I'M TRYING TO CATCH IT, IT WAS APPROVED WITH CONSIDERATIONS WITH CONDITIONS, AND PERHAPS WE SHOULD STATE WHAT THOSE CONDITIONS ARE ON NUMBER TWO.
UM, THE SECOND PUBLIC HEARING, PERHAPS WE WOULD INCLUDE THE NU THE NUMBER OF PEOPLE WHO SPOKE IN OPPOSITION OR IN FAVOR OF, OR THE, THE AMOUNT OF, UM, LETTERS THAT WE GET IN FAVOR OF OPPOSITION.
MAYBE JUST ADD THAT FOR A LITTLE BIT MORE, UH, INFORMATION TO THOSE.
AND AS STAFF, DID YOU GET ALL OF THOSE RECOMMENDATIONS? THE ONE WAS JUST, IF THERE WERE NO CITIZENS APPEARANCES, JUST ADDING THAT.
AND MR. RAVENELL, WHAT I'LL ASK IS, UH, AFTER THE CONCLUSION OF THE WORK SESSION, I BELIEVE THERE WILL BE, WILL BE SOME TIME BEFORE THE REGULAR SESSION IF YOU'LL GIVE WITH THIS JORDAN WILLIAMS, JUST TO MAKE SURE THAT, UH, EACH ONE OF YOUR RECOMMENDATIONS ARE MEMORIALIZED.
ARE THERE ANY OTHER, UH, SUGGESTIONS OR RECOMMENDATIONS, ADDITIONAL DELETIONS TO THE MINUTES FROM OCTOBER 24TH, 2023? OKAY.
HEARING AND SEEING NONE WILL MOVE ON IN THIS WORK SESSION TO THE REGULAR AGENDA, WHICH IS DISCUSSED AND CONSIDER THE PLANNING AND ZONING COMMISSION IS DECEMBER 26TH, 2023, AND FISCAL YEAR 2024.
AND I'LL TURN IT OVER TO STAFF.
COMMISSIONER, UH, AT THE COUNCIL'S, UH, LAST MEETING, THEY WENT ON FORMALLY SET THEIR 2024 CITY COUNCIL MEETING DATES IN YOUR PACKAGES.
UH, WE GAVE YOU A COPY OF BOTH THE RESOLUTION AND THE LIST.
SO I THOUGHT IT'D BE APPROPRIATE FOR US TO COME AT YOUR FIRST MEETING AFTER THAT AND SET YOUR 20, 24 DATES AS WELL AS, UH, HOPEFULLY GET YOUR SUPPORT TO COUNCIL THE DECEMBER 26TH DATE, BECAUSE IF SO, YOU'LL BE HERE BY YOURSELF.
BUT THAT IS, UH, YOUR COUNCIL DATE.
SO, UH, WHAT THE COUNCIL, I'M SORRY.
WHAT THE COUNCIL DID, UH, FOR NEXT SUMMER LAST YEAR IS, YOU KNOW, THEY COUNSELED, UM, ONE OF THEIR MEETINGS DURING THE SUMMER MONTHS, JUNE, JULY AND AUGUST, BUT IN THEIR, FOR THEIR SUMMER OF 2024, THEY'RE ONLY COUNSELING ONE OF THEIR MEETINGS IN JUNE AND JULY.
THEY'RE GONNA HAVE BOTH OF THEIR MEETINGS IN IN AUGUST.
BUT AGAIN, IT'S YOUR PLEASURE OF, OF WHAT YOU WOULD LIKE TO DO.
UH, A PART OF THE REGULATIONS THAT ESTABLISHES YOUR BOARD WITH THE CITY OF DESOTO JUST MANDATES YOU TO HAVE AT LEAST ONE MEETING PER MONTH.
SO IT'S BEFORE YOU DECIDE HOW YOU WOULD LIKE TO FUNCTION, UH, IN DECEMBER OF THIS YEAR AND, UH, NEXT YEAR.
AT ANY TIME, BUT PARTICULARLY DURING THE SUMMER.
ALRIGHT, COMMISSIONER BEFORE I, BEFORE I SPEAK, UH, GO AHEAD MS. BROOKS.
MR. IS ON, I JUST HAD A, UM, QUESTION ABOUT THE POSSIBILITY OF AN ALSO INCLUDING THIS MONTH BECAUSE I BELIEVE WE HAVE A MEETING SCHEDULED.
OUR REGULAR MEETING WOULD BE NOVEMBER 28TH, BUT WE ALSO HAVE A SPECIAL CALL JOINT MEETING THE WEEK BEFORE.
SO I RECOMMEND THAT WE POSSIBLY CANCEL
I DIDN'T ADVERTISE FOR THE NOVEMBER CONSIDERATION OF NOVEMBER.
SO I GUESS I NEED TO ASK CALEB, ARE WE ABLE, I DIDN'T ADVERTISE, I ONLY DID DECEMBER 20, 23.
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HMM.WE, WE DO HAVE, UH, CASES THAT WE HAVE ALREADY NOTIFIED FOR NOVEMBER 28.
SO ANY CASES THAT ARE ALREADY NOTIFIED, THAT WILL BE COMING BEFORE YOU ON NOVEMBER 28.
THEN FROM STAFF WE NEED TO MEET WITH AND HOPEFULLY, HOPEFULLY WE'LL GET A QUORUM, BUT IF WE DON'T, WE'LL HAVE TO RESCHEDULE.
BUT WITH US ALREADY ADVERTISING.
OKAY, WE MAYBE SHOULD HAVE TALKED ABOUT THAT EARLIER.
UH, COMMISSIONER BURS, WHY WAS THAT RECOMMENDATION, UH, TO NOT DO THE 28TH? MY CALENDAR AND, AND STAFF, PLEASE CONFIRM.
I HAVE A PLACEHOLDER ON MY CALENDAR THAT WE HAVE A JOINT CITY COUNCIL AND PNC MEETING ON THE 20TH.
HAS THAT BEEN CONFIRMED OR IS THAT CANCELED? CONFIRMED, THAT'S NEXT MONDAY.
THAT'S, UH, THE COUNCIL'S GONNA BE PRESENTED.
THE HAMPTON ROAD CHARACTER BASE STUDY.
SO IF WE MOVE FORWARD OF NEXT WEEK, YES.
SO WE WOULD HAVE THREE MEETINGS IN ONE MONTH AS OPPOSED TO TWO.
WHILE I LOVE BEING HERE WITH STAFF, I, MM-HMM.
ALRIGHT, SO COMMISSIONERS, LET'S JUST KIND OF TAKE IT UP ONE, ONE AT A TIME.
UM, SO WE DO HAVE THE JOINT SESSION WITH CITY COUNCIL ON NOVEMBER 20TH.
UM, SO LET'S DISCUSS, UH, NOVEMBER 28TH, UH, WHICH IS THAT TUESDAY AFTER THE THANKSGIVING HOLIDAY.
UH, JUST BY A SHOW OF HANDS, WHO CAN, WHO CAN BE HERE AND WHO'S PLANNING TO BE HERE ON NOVEMBER 28TH, TUESDAY, NOVEMBER 28TH, UNDERSTANDING THAT STAFF HAS ALREADY SENT OUT THE NOTIFICATIONS AND SO THEY HAVE TO BE HERE REGARDLESS.
SO WHO CAN BE HERE? OKAY, SO IT LOOKS LIKE WE HAVE A QUORUM.
SO WE WILL BE, WE WILL STILL MAINTAIN OUR NOVEMBER 28TH MEETING AND WE'LL MOVE FORWARD ON THAT DATE.
NOW I THINK THE OTHER ONE IS SIMPLE AND SO UNLESS I GET AN OBJECTION, I'M GONNA SIMPLY GO AHEAD AND JUST PUT IT OUT THERE.
I DON'T REALLY NEED TO THINK, WE NEED TO HAVE MUCH DISCUSSION.
I DON'T THINK ANYBODY WANTS TO BE HERE DECEMBER 26TH.
SO, SO AS THE CHAIR'S PREROGATIVE, I'M JUST GONNA GO AHEAD AND SAY WE'RE GONNA CANCEL THAT MEETING.
ALRIGHT, SO, SO WE'RE GOOD FOR 2023.
UM, AND THEN I GUESS, DO WE, YOU WANT US TO GO AHEAD AND TALK ABOUT JUNE AND JULY, MR. BREWER FOR 2024? YOUR PLEASURE.
I'M JUST SAYING THE COUNCIL ONLY ELECTED TO COUNCIL ONE OF THEIR MEETINGS IN JUNE AND JULY.
THEY'RE GONNA HAVE BOTH OF THEIR MEETINGS IN IN AUGUST.
BUT AGAIN, YOU HAVE THE PLEASURE TO CONTINUE WHAT YOU DID LAST YEAR.
SO YOUR CALL, THAT'S WHY IT'S ON YOUR, YOUR AGENDA.
NOW, LET ME, LET ME ASK YOU JUST TO BE CONSISTENT WITH CITY COUNCIL.
IT LOOKS LIKE THEY'RE COUNSELING, UH, THE FIRST, UH, OF THEIR TWO MEETINGS.
SO WOULD YOU WANT US TO COUNSEL THE FIRST OF OUR TWO MEETINGS OR THE SECOND OF OUR TWO MEETINGS, WHICH WILL BE CONSISTENT WITH COUNCIL BECAUSE I KNOW THINGS COME TO US AND THEN GO TO COUNCIL.
SO I DON'T THINK YOU DID THAT LAST YEAR.
I THINK YOU VOTED INDEPENDENTLY NO MATTER WHAT THEY DID, AND YOU TALKED AMONGST YOURSELVES, WHICH WERE GONNA BE BETTER FOR YOU.
AND WE DIDN'T NECESSARILY TAKE INTO CONSIDERATION IT ROLLED SOME THINGS OVER, BUT ALL WE HAVE TO DO IS ADVERTISE PROPERLY.
ALRIGHT, WITH THAT BEING SAID, COMMISSIONER, I'LL OPEN IT UP FOR DISCUSSION.
IF YOU DO HAVE A PREFERENCE, UH, WHETHER IT BE THE FIRST OR SECOND TUESDAY, SO IT'S TWO CONVERSATIONS FIRST OR OR SECOND TUESDAY IN JUNE AND JULY OF 2024, WHICH ONE WOULD WE LIKE TO, BECAUSE I'M MAKING THE ASSUMPTION THAT WE WOULD LIKE TO HAVE ONE MEETING THE, UH, THOSE TWO MONTHS, IF I'M WRONG ABOUT THAT, PLEASE CORRECT ME.
AND THEN THE SECOND PART OF THE CONVERSATION IS CITY COUNCIL'S MEETING BOTH TIMES IN AUGUST.
DO WE STILL WANNA MEET BOTH TIMES IN AUGUST? SO WHAT'S YOUR PLEASURE? SO LET'S TAKE, I GUESS LET'S TAKE IT UP INDIVIDUALLY.
JUNE AND JULY, WHAT'S YOUR PLEASURE COUNCIL? THE FIRST, UH, COUNCILOR? THE SECOND TUESDAY OR THE FOURTH TUESDAY, COULD I HELP YOU ALSO JUST TO GIVE YOU THOSE SPECIFIC DAYS IF YOU WANNA LOOK AT YOUR CALENDARS NOW.
YOUR JUNE MEETINGS, WHICH ARE THE SECOND, AND THE FOURTH WILL BE JUNE THE 11TH AND JUNE THE 25TH.
IN JULY THEY WILL BE JULY THE NINTH, JULY THE 23RD, AND IN AUGUST THEY WILL BE AUGUST 13TH AND AUGUST THE 27TH.
SO AS I SAID, YOU CAN MIX IT UP, JUGGLE IT UP HOWEVER YOU WANT TO DO.
IT'S YOUR PLEASURE, YOUR, YOUR REGULATIONS SAY YOU HAVE TO HAVE AT LEAST ONE MEETING EACH MONTH.
MAY TWO REGULAR SESSIONS RECESSIONS, I'D LIKE TO GO FOR THE SECOND OF TUESDAY IN JUNE, AND THAT WILL GIVE US A LITTLE BRIEF, PRETEND LIKE
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YES, THE 18TH, THE SECOND THAT THE SECOND.SO WHAT I'M HEARING IS YOU WOULD LIKE TO COUNSEL IN JUNE, JUNE 11TH.
AND I'M HEARING THAT YOU WOULD LIKE TO COUNSEL JULY 9TH AND MEET JULY 23RD.
SO, UH, COMMISSIONERS, YOU'VE HEARD THE RECOMMENDATION FROM COMMISSIONER CAESAR AGAIN, UH, JUST FOR THE RECORD, UH, SHE IS BASICALLY SAYING LET'S HAVE THE ONE MEETING THE, BUT THE MEETING WILL BE ON THE FOURTH TUESDAY IN JUNE AND JULY, SO WE WOULD CANCEL OUR MEETING JUNE 11TH, MEET ON JUNE 25TH.
CANCELED THE MEETING ON JUNE 9TH.
JULY 9TH COUNCIL JULY 23RD MEET.
SO ARE THERE, IS THERE ANY OTHER DISCUSSION? ANYBODY HAVE A DIFFERENT RECOMMENDATION YOU'D LIKE TO ENTERTAIN AT THIS TIME? OKAY, SO LET'S JUST GET A SHOW OF HANDS WHO IS ALL IN FAVOR JUST BY A SHOW OF HANDS AND WE CAN TAKE IT UP FORMALLY DURING THE, UH, RECORD SESSION.
WHO'S ALL IN FAVOR OF COMMISSIONER CAESAR'S RECOMMENDATION THAT WE'RE GONNA CANCEL JUNE 11TH AND JULY 9TH, AND THEN MEET ON THOSE FOURTH SUNDAYS IN JUNE AND JULY.
WHO'S ALL IN FAVOR OF THAT? OKAY.
SO WE'LL TAKE IT UP IN THE REGULAR SESSION AND, AND FORMALLY PUT IT ON THE RECORD.
UH, BUT JUST FOR THIS WORK SESSION, WE'LL BE COUNSELING JUNE 11TH, MEETING ON JUNE 25TH, CANCELING JU JULY 9TH MEETING ON JULY 23RD.
NOW THAT BRINGS US TO AUGUST CITY COUNCIL'S MEETING ON BOTH OF THEIR DATES IN AUGUST.
DO WE WANT TO MEET ON BOTH OF OUR DATES IN AUGUST OR DO WE WANNA DO LIKE LAST YEAR AND, AND BASICALLY ONLY HAVE ONE MEETING? WHAT'S YOUR PLEASURE? I PREFER ONE MEETING.
ANYBODY, ANYONE ELSE? MR. BELL? NO OBJECTION.
OKAY, MR. CHILI, I DON'T HAVE ANY OPPOSITION TO ANY OF THOSE DATES, SO I'M, I'M HAPPY TO GO ALONG AND GET ALONG.
SO IT LOOKS LIKE THE MAJORITY AND, AND I WAS GOOD EITHER WAY, JUST FOR THE RECORD.
SO IT LOOKS LIKE THE MAJORITY WILL PREFER ONE MEETING AUGUST.
SO WHAT I'M HEARING IS COUNCIL AUGUST 20, AUGUST 6TH, 2024 PROCEED ON AUGUST 20TH, 2024.
OH, YOU KNOW WHAT? THAT THAT FIRST, THAT THAT, THAT TWO, THAT THURSDAY IN AUGUST GOT ME.
SO PROCEED ON THE 27TH COUNSELING THE 13TH? YES.
ALRIGHT, LET ME GET THAT RIGHT.
THAT'S, THAT'S THE DAY THAT MS. BROOKS IS NOT GETTING FROM NOVEMBER.
SO I, SO I THINK, I THINK WE HAVE IT, AND AGAIN, WE'LL RE WE'LL RESTATE THIS DURING THE REGULAR SESSION.
UH, BUT AGAIN, UH, JUNE, JULY, AND AUGUST, UH, THE PLANNING AND ZONING COMMISSION WILL COUNSEL THE SECOND TUESDAYS OF THOSE MONTH AND MEET ON THE FOURTH TUESDAYS OF THOSE OF THOSE MONTHS.
AND AGAIN, UH, FOR, UH, OUR UPCOMING NOVEMBER 28TH MEETING, WE WILL MEET AS NORMAL.
AND ON DECEMBER 26TH, WE WILL COUNSEL THAT MEETING.
UH, COMMISSIONERS, HAVE I MISSED ANYTHING? OKAY, HEARING AND SEEING NONE, UH, THEN WE'LL MOVE ON TO THE NEXT ITEM ON THE AGENDA, WHICH IS F TWO.
IT SAYS, CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL ON THE REVISED PP DASH 3 43 DASH 22 PRELIMINARY PLAT HOMESTEAD AT DANIEL FARMS PHASE THREE, LOCATED SOUTH OF WEST DANIELDALE ROAD AND WEST OF NORTHWEST MOLEN ROAD NINE 20 WEST DANIELDALE ROAD AND 2051 NORTHWEST MOLEN ROAD.
UH, THIS IS CONTINUED FROM THE OCTOBER 10TH AND THE OCTOBER 24TH, UH, 2023 PLAN IS ZONING COMMISSION MEETINGS AS REQUESTED BY THE APPLICANT.
AND MAY WE HAVE OUR STAFF REPORT PLEASE? YES, THE APPLICANT HAS A WITHDRAWAL ON THIS APPLICATION.
MR. BURR, YOU MADE ME SAY ALL THAT FOR THAT
THE NEXT ITEM ON THE AGENDA, WE'RE NOW GETTING INTO OUR PUBLIC HEARINGS.
WE HAVE TWO PUBLIC HEARINGS SET TONIGHT.
UH, G ONE IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON ZONING CASE Z DASH 1 15 0 7 DASH 23 FOR A SPECIFIC USE PERMIT.
SUP AN ORDER TO ESTABLISH AND OPERATE A RESTAURANT DRIVE THROUGH AT AN EXISTING RESTAURANT LOCATED AT 1 2 2 SOUTH HAMPTON ROAD.
UH, BULL Z UH, THE PROPERTY IS LOCATED, UH, LEGALLY DESCRIBED AS BEING TRACKED.
38.1 IN THE ORIGINAL TOWN OF DESOTO.
ADDITION, THE APPLICANT AND PROPERTY OWNER IS TRAX TRAXON HOLDINGS,
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LLC.AND MAY WE HAVE OUR STAFF REPORT, PLEASE? GOOD EVENING COMMISSIONERS.
IT'S A SUP REQUEST FOR EXISTING RESTAURANT WITH DRIVE THROUGH THE SITE IS 0.407 ACRES IN CURRENTLY ZONED GENERAL RETAIL.
THE PROPERTY IS LOCATED ON THE EAST SIDE OF SOUTH HAMPTON ROAD AND 312 FEET SOUTH OF WEST BELTLINE ROAD.
IT IS ADDRESSED AS 1 2 2 SOUTH HAMPTON ROAD.
ON YOUR LEFT, YOU HAVE YOUR AERIAL MAP AND ON YOUR RIGHT IS YOUR VICINITY MAP.
THE SUBJECT SITE IS GENERAL RETAIL PROPERTIES TO THE NORTH, SOUTH, AND WEST ARE ALSO GENERAL RETAIL PROPERTY TO THE EAST IS OFFICE ONE.
THE FUTURE LAND USE PLAN IDENTIFIES OUT AS THE SITE AS MIXED USE HISTORIC RETAIL.
THE EXISTING USE OF RESTAURANT WOULD DRIVE THROUGH IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF 2015 COMPREHENSIVE PLAN.
THE SUBJECT PURCHASE THE SUBJECT PROPERTY IS ACCESSED FROM SOUTH HAMPTON ROAD.
SOUTH HAMPTON ROAD IS A FOUR LANE TER ROAD SHOWN ON THE 2015 MASTER THOROUGH BEAR PLAN.
THE APPLICANT IS REQUESTING THE USE OF EXISTING RESTAURANT WITH A DRIVE THROUGH ON A PROPERTY THAT IS CURRENTLY ZONED GENERAL RETAIL SECTION THREE 6.10 OF THE USE CHARGE ZONING ORDINANCE REQUIRES A SPECIFIC USE PERMIT FOR RESTAURANTS WITH DRIVE THROUGH SECTION 7.3 C STATES.
WHEN A NONCONFORMING USE OR STRUCTURE, WHICH DOES NOT MEET THE DEVELOPMENT STANDARDS IN THIS ORDINANCE CEASES TO BE USED IN SUCH MANNER FOR A PERIOD OF SIX MONTHS, SUCH YOU SHALL NOT BE RESUMED AND PROOF OF SUCH EVENT SHALL CONSTITUTE PRIMA FASS EVIDENCE OF AN ACT OF ABANDONMENT.
ON OCTOBER 9TH, 2023, APPLICANT A MALIK MOHAMED REPRESENTING TRAXON HOLDEN, LLC SUBMITTED THE APPLICATION FOR APPROVAL OF SPECIFIC USE PERMIT TO THE CITY'S DEVELOPMENT SERVICES DEPARTMENT IN ORDER TO ESTABLISH, UH, DRIVE THROUGH SERVICES AT HIS NEW RESTAURANT CALLED BELIZE'S.
SECTION THREE, 5.2 OF THE ZONING REGULATION STATES THAT THE COMMISSION AND CITY COUNCIL SHOULD CONSIDER THE USES HARMONIOUS AND COMPATIBLE WITH SURROUNDING EXISTING USE.
THE ACT THE ACT IS NORMALLY ASSOCIATED WITH THE PERMITTED USE IN THE BASE DISTRICT.
THE NATURE OF THE USE IS REASONABLE.
ANY NEGATIVE IMPACT ON THE SURROUNDING AREAS HAVE BEEN MITIGATED AND THAT ANY ADDITIONAL CONDITIONS ENSURE THAT THE INTENT OF THE DISTRICT PROPOSES ARE BEING UPHELD.
THE EXISTING RESTAURANT WITH A DRIVE-THROUGH IS HARMONIOUS AND COMPATIBLE WITH THE EXISTING RETAIL USE OF BARBERSHOP, CELLULAR REPAIR AND CHIROPRACTIC OFFICE.
IN ADDITION, RESTAURANTS ARE ALLOWED TO ALLOWED BY RIGHT IN THE GENERAL RETAIL ZONING DISTRICT AND A RESTAURANT WITH DRIVE THROUGH IS A REASONABLE USE IN GENERAL RETAIL.
SINCE THE RESTAURANT IS SURROUNDED BY RETAIL USES LISTED ABOVE, THERE IS NO NEGATIVE IMPACT TO BE MITIGATED OVERALL.
THE USE OF THE EXISTING RESTAURANT WHERE THE DRIVE-THROUGH OPPOSE THE INTENT OF THE GENERAL RETAIL DISTRICT.
THEREFORE, STAFF SUPPORTS THE APPLICANT'S REQUEST TO USE THE EXISTING RESTAURANT WITH A DRIVE-THRU ON SUNDAY, OCTOBER 26TH, 2023.
A NOTICE FOR PUBLIC HEARING WAS PUBLISHED IN FOCUS DAILY NEWS STAFF MAILED 47 NOTIFICATION LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.
AS OF NOVEMBER 9TH, STAFF RECEIVED ONE RETURN PUBLIC HEARING NOTICE IN SUPPORT OF THE APPLICANT'S SUP REQUEST.
HERE IS, UH, THE SUBMITTED SITE PLAN WITH, UH, AREA VIEW OF THE EXISTING PROPERTY.
STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A SPECIFIC USE PERMIT TO ALLOW THE NEW RESTAURANT BULLIES TO ESTABLISH AND OPERATE DRIVE THROUGH SERVICES AT 1 22 SOUTH HAMPTON ROAD.
I NEED TO ADD A FEW OTHER THINGS.
UM, JUST SO EVERYBODY IS AWARE, AND YOU PROBABLY KNEW IT, UH, ALREADY, THIS IS THE OLD SONIC RESTAURANT BUILDING.
SO IT'S AN EXISTING RESTAURANT BUILDING.
UH, THE WINDOW HAS BEEN THERE, BUT THAT SIX MONTHS ABANDONMENT PERIOD MAKES US ALL HAVE TO START ITS SQUARE ONE.
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APPLICANT, UH, APPLIED WITH THE CITY FOR A, UH, CERTIFICATE OF OCCUPANCY TO DO SOME INTERIOR, INTERIOR SHEET ROCK WORK, UH, BACK IN, UM, 2023.I BELIEVE THAT'S THE DATE, LATE FALL OF 2023.
UH, THEY'VE GOT THEIR CERTIFICATE OF OCCUPANCY TO OPEN UP AS A RESTAURANT, WHICH THEY ARE ALLOWED TO DO BECAUSE THE PROPERTY ZONED GENERAL RETAIL, UH, IN JULY, 2024.
SO A LITTLE BIT AFTER THAT THEY STARTED OPERATING AS A RESTAURANT.
THEY ARE NOW STILL FOLLOWING THROUGH, TRYING TO GET THAT ZONING PART OF IT, WHICH IS A, A, A REQUIREMENT THAT WE HAVE HERE FOR DRIVE THROUGH REST, UH, RESTAURANTS.
DO YOU STILL HAVE THE PHOTOS HERE? JUST, I MEAN MY, MY PICTURES THAT I TOOK.
OKAY, WE'LL GO, UH, LOAD 'EM UP.
UH, WE ACTUALLY HAVE A CONCERN ABOUT STACKING REQUIREMENTS.
UM, OUR REGULATIONS IDENTIFY FOR A WINDOW THAT'S SUPPOSED TO BE ABLE TO STACK AT LEAST SIX CARS.
NOT SURE IF SIX CARS CAN MAKE IT FROM THAT RESTAURANT ON AROUND IN THE BACK.
IT IS ONLY THE FIRE LANE COMING OFF THE STREET.
THEY HAVE A FIRE LANE GOING TO THE BACK.
THE WIDTH BETWEEN THE BUILDING AND THE REAR FENCE IS JUST THE FIRE LANE.
TRULY, IF A CAR EXTENDS INTO THAT AREA, HE'S GONNA BE BLOCKING THAT.
BUT AGAIN, IT'S ALSO AN EXISTING BUILDING, EXISTING WINDOWS.
BUT WE WANT YOU TO HAVE ALL THE FACTS ASSOCIATED.
WE DID NOT NEGLECT NOT LOOKING INTO STACKING REQUIREMENTS AS WE HAVE DONE FOR ALL THE OTHER RESTAURANTS THAT HAVE COME THROUGH HERE WITHIN THE LAST YEAR AND A HALF.
AND WE'RE NOT SURE TO MEET THAT REQUIREMENT.
WE DIDN'T NECESSARILY TAKE CARS UP THERE TO PUT 'EM SIX TO BE TRULY KNOWING WHAT'S HAPPENING.
BUT FOR YOUR PUBLIC HEARING, WE'LL HAVE THE PHOTOS LOADED SO YOU'LL BE ABLE TO GET A VISUAL OF WHAT'S HAPPENING BACK THERE FOR YOUR CONSIDERATION.
YES, MR. BOR, UM, SINCE THEY DID HAVE THAT LAPSE IN TIME AND THEY HAVE TO COME BACK AND ASK FOR THE DRIVE-THROUGH IN OUR DECISION, DO WE HAVE TO CONSIDER THE FACT THAT THERE MAY NOT BE ENOUGH ROOM FOR STACKING AND IT MAY IMPEDE INTO THE FIRE ZONE.
IT IS A REQUIREMENT OF YOUR ZONING ORDINANCE.
IF IT WAS A PD, HE COULD REQUEST A A DEVIATION, BUT THIS IS NOT A PD.
UM, IF IT'S A REGULATION THAT HE WANTS TO HAVE GRACE TOO, IT WOULD BE THE ZONING BOARD OF ADJUSTMENT.
BUT WE HAVEN'T ACTUALLY DISCUSSED WITH HIM THAT THIS IS WHAT HE'S PRESENTED AND THIS IS WHAT WE HAVE PROCESSED.
BUT JUST LETTING YOU KNOW THAT, UH, I'M NOT SURE THAT'S BEEN MET.
AND THEN EVEN IF HE WENT TO THE ZONING BOARD OF ADJUSTMENT, THEY ARE SUPPOSED TO BE CONSIDERING VARIOUS REQUESTS THAT, UH, HAVE HARDSHIPS SOMETHING ABOUT THE PROPERTY OR SOMETHING THAT'S MAKE THIS THEIR PARTICULAR REQUEST, UH, NEEDED.
DO WE KNOW WHY THEY DIDN'T WHEN THEY ORIGINALLY WENT IN FOR THE OCCUPANCY AND OPENED THE RESTAURANT, WHY THEY DIDN'T REQUEST DRIVE THROUGH AT THAT TIME? I DON'T KNOW.
UM, ARE THEY GONNA BE HERE TONIGHT? DID WE INVITE 'EM? OKAY.
MS UH, MS. BROOKS AND THEN MR. BERRY, UH, MS. WILLIAMS, CAN YOU PUT THE POINTER ON? I SEE A DRIVE THROUGH LANE AND DRIVE THROUGH PICKUP WINDOW, UH, ON THE NORTH SIDE OF THIS PROPERTY.
BUT IS THERE A DRIVE THROUGH ORDER WINDOW ON THE OPPOSITE SIDE? SO, OKAY, THIS IS OLD SCHOOL JUST DRIVING UP TO THE WINDOW, PLACING YOUR ORDER AND GETTING YOUR FOOD.
SO AS OF RIGHT NOW, IT'S NOT THERE.
SO I DON'T KNOW IF SONIC GOT RID OF THE ONE OR WHETHER OR NOT THEY EVEN HAD IT.
BUT I GUESS WHAT THAT, I'M TRYING TO SEE HOW THEY WOULD NOT MEET THE SIX CAR STACK STACKING REQUIREMENT.
YOU SAY HOW YEAH, I MEAN EACH, THE ORDINANCE IDENTIFIES EACH STACKING SPACE IS CONSIDERED AN EIGHT WIDE BY 20 FOOT DEEP.
SO TO GET 20 AND I ALMOST NEED OVER 160 FEET FROM THE WINDOW BACK.
BUT THE ROADWAY, THE ONLY ENTRANCE IS HAMPTON ROAD, CORRECT? YES.
HAMPTON ROAD IS, I'M GONNA CALL IT ON THE WEST SIDE OF THE BUILDING.
YOU DRIVE THROUGH AT THIS LOWER, NOW YOU'RE GOING BACK TOWARD THE EAST,
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THEN YOU COME BACK TO THE NORTH.SO THE STACKING WOULD, UH, BY OUR REGULATIONS WOULD BE FROM THE WINDOW BACK TOWARD THE BACK OF THE BUILDING.
NOT THE ACTUAL, UM, LINE ITSELF.
SO FROM THE WINDOW, FROM THE IT IT READS FOR EACH SERVICE WINDOW OF A DRIVE THROUGH A MINIMUM OF SIX SPACES SHALL BE PROVIDED FROM THE LOCATION OF THE ORDER WINDOW.
YOU GOT A CAR SITTING THERE, YOU NEED TO GET FIVE MORE BEHIND IT TO BE IN COMPLIANCE.
SORRY, WITHOUT TURNING THE CORNER.
THE CORNER HAS, DOESN'T HAVE A RELEVANCE.
WE ARE LOOKING AT IT WITH THIS CASE.
THE ORDINANCE DOESN'T TAKE INTO ACCOUNT WHAT YOUR SPACE IS.
IT SAYS YOU'RE SUPPOSED TO HAVE SIX STACKING FROM A WINDOW.
AND I'M JUST SAYING FROM WE'LL SHOW YOU THE PICTURES.
THAT'S GONNA TRULY HELP WHETHER YOU CAN GET SIX CARS FROM THAT WINDOW BACK WITHOUT BEING IN THE FIRE LANE.
SO THE RED ARROWS DOES NOT REPRESENT THE CIRCULATION OF THE VEHICLES BECAUSE I'M THINKING YES, IT DOES.
SO SIX VEHICLES WOULD NEED TO BE ABLE TO STACK FROM THAT WINDOW WITH, SO 1, 2, 3, 4, 5.
WITH THAT BEING THE WINDOW THERE, YOU SHOULD BE ABLE TO GET EIGHT BY 26 OF THOSE GOING HERE, HERE.
AND IT'S GONNA HAVE TO REALISTICALLY GO AROUND THE BUILDING.
THAT'S WHAT I WAS AND THEN WHEN WE SHOW YOU THE PICTURE, YOU CAN ONLY GET A SINGLE VEHICLE THROUGH HERE.
UH, MR. BIRD, DID YOU, THIS BUILDING WAS BUILT BACK IN THE SEVENTIES WHEN IT WAS BUILT.
IT HAD A, UH, DRIVE THROUGH THAT I FREQUENTED QUITE OFTEN.
SO THE STACKING REQUIREMENTS IN THE SEVENTIES WAS ADEQUATE.
HAVE THE STACKING REQUIREMENTS CHANGED SINCE THE SEVENTIES? WE CERTAINLY DON'T KNOW THAT ANSWER.
UH, SARAH, WE, WE CAN'T GO BACK AND FIND ARCHIVE COPIES OF THE ZONING ORDINANCE AND SEE, WE'LL HAVE TO GO BACK AND LOOK, BUT FOR THIS MEETING WE WOULDN'T BE ABLE TO DO THAT.
WELL, YOU KNOW, LIKE I SAY, ON THE NORTH SIDE OF THE BUILDING, YOU CAN STACK TWO CARS.
YOU ONLY NEED 80 FOOT DOWN THE OTHER SIDE, UH, FOR THE OTHER FOUR AND THE WHOLE PROPERTY IS 170 FOOT LONG.
IT LOOKS PERFECTLY ADEQUATE TO ME AND I'LL BE IN FAVOR OF GIVING 'EM THE SUP THAT THAT'S YOUR CHOICE.
WE JUST HAVE TO GIVE YOU THE FACTS.
IN THE SEVENTIES, THEY MAY HAVE GONE UP.
THEY'RE GOING UP TO THE WINDOW TO PLACE THE ORDER.
IT IS MY UNDERSTANDING FROM HAVING SOME OTHER RESTAURANT CASES.
THE CITY HAS NOT ALWAYS HAD THAT REGULATION FOR AN SUP FOR A DRIVE-THROUGH RESTAURANT.
TAKE FOR EXAMPLE, WHEN WE BROUGHT YOU THE MCDONALD'S UP THERE ON 35, IT HAS A, IT HAD A SINGLE WINDOW WITH A SINGLE LANE.
THEY HAD TO COME BACK TO YOU BECAUSE THEY WANTED TO EXPAND THAT NON-CONFORMING USE TO GET THAT SECOND LANE.
SO THAT'S WHY THEY GOT CALLED TO HAVE TO DO ANOTHER SUP.
BECAUSE WHAT MAY HAVE BEEN LEGAL BACK THEN WHEN THE CITY PASSED THIS ORDINANCE, AND I THINK IT MAY HAVE BEEN THREE OR FOUR YEARS AGO, THEY HAVEN'T HAD THIS ORDINANCE THAT LONG.
SO WHAT WAS LEGAL BACK THEN WAS LEGAL.
WE'RE NOT SAYING THAT IT WASN'T, WE'RE JUST SAYING RIGHT NOW WITH THE REGULATIONS IT COULD CONTINUE IF IT HAD NOT BEEN A ABANDONED FOR SIX MONTHS, WHAT DO WE USE TO DETERMINE THAT? WE CHECK ON THE WATER COUNT, BUT I PERSONALLY, I'VE BEEN HERE HERE DIRECTOR SINCE UH, MARCH OF 2022 AND I KNOW NOTHING HAS BEEN THERE.
SO OVER THE YEAR AND A HALF THAT I HAVE BEEN THERE, THERE HAS BEEN NO OCCUPANCY OR NO USE AS A RESTAURANT.
SO THE NON-CONFORMING STATUS, WHICH IS ESTABLISHED IN OUR REGULATIONS AT SIX MONTHS, HAS TRULY EXPIRED.
AND THE NEXT TENANT, UH, IS REQUIRED TO CONFORM TO THE ZONING ORDINANCE UNLESS THEY GET, UM, A VARIANCE WOULD BE THAT CASE.
BUT AGAIN, IT'S HERE FOR YOU TO CONSIDER IF YOU WANNA GIVE THEM A SPECIFIC USE PERMIT TO OCCUPY THE WINDOW.
AND THE ZONING ORDINANCES WAS ADOPTED IN 1979, SO THAT MEANS IF THIS WAS IN THE 1970S, OUR ZONING ORDINANCE WAS THEN ADOPTED AFTER THIS WAS IN PLACE.
ADDITIONALLY, THE POPULATION HAS ALSO INCREASED, WHICH MAY MEAN IT'S GONNA HAVE MORE
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BUSINESS AS WELL, WHICH COULD PROPOSE A PROBLEM IF IT'S A VERY, UH, A GOOD RESTAURANT.MS. CAESAR, UM, DO WE KNOW WHAT TYPE RESTAURANT THEY'RE PROPOSING? YES MA'AM.
MS, DON'T TELL ME CHICKEN TURKEY EGGS AGAIN, IT'S OPEN ALREADY.
NO, I DON'T KNOW WHAT THE MEAL, I HAVEN'T STOPPED THERE, BUT YES MA'AM.
IT'S A WING SHOP, BUT THEY SELL OTHER THINGS ALSO.
I THINK THEY SELL FISH TO THE ONLY OTHER QUESTION I HAVE.
IF THEY HAD PARKING SPACES WHERE PEOPLE, INSTEAD OF WAITING ON THEIR FOOD THERE, THEY COULD GO PULL OVER.
IF YOU SEE ON THE SUBMITTED SITE PLAN, THOSE ARE ESTABLISHED, UH, DRIVE UPS RIGHT HERE.
UM, JUST LIKE THE, THE, THE SONICS YOU SEE TODAY, IT'S JUST ON ONE SIDE.
YEAH, I'M TALKING ON THE OTHER SIDE.
ONCE THEY PLACE THE ORDER, IN CASE THEY'RE HAVING TO WAIT AND BACK UP TRAFFIC, CAN THEY PULL OVER AND PARK TO KEEP THE TRAFFIC? WE REALLY NEED TO SHOW YOU THE PHOTOS.
THAT'S, THAT'S GONNA BE WHAT YOU SEE WHEN THE EXHIBITS TO THE YEAH.
IN YOUR PACKAGES, RIGHT? MM-HMM,
PLEASE LOOK AT THAT BECAUSE, AND WE'LL GET THEM ON THE, ON THE, BUT WE'VE GIVEN YOU THOSE PHOTOS TO LOOK AT.
ALRIGHT, COMMISSIONERS AS Y'ALL ARE LOOKING AT THAT, ARE THERE ANY MORE QUESTIONS ON THIS PARTICULAR CASE? JUST, JUST ONE MORE.
UM, AND IT MAY NOT MATTER MUCH FOR THIS PARTICULAR CASE, BUT AS WE REFERENCE THIS ALIGNING WITH THE 2015 COMP PLAN, I'D LIKE TO KNOW IF IT ALIGNS WITH THE COMP PLAN THAT'S CURRENTLY IN DRAFT FORM THAT'S SOON TO BE ADOPTED.
YES, RESTAURANTS ARE A PART OF THE STRIP AREA.
AND ON A SIDE NOTE FROM THAT, THE UH, CHARACTER BASE IS GO IS WHAT THAT MEETING IS GONNA BE ON, ON UH, JOINT MEETING ON TUESDAY, ON MONDAY.
AND THEN IT'LL COME TO YOU ON IN JANUARY.
IT LOOKS LIKE IF YOU LOOK, UM, AT THE SECOND PHOTO THAT'S AVAILABLE IN OUR PACKET THAT IT DOES LOOK LIKE THERE'S 1, 2, 3, 4, MAYBE SPACES BEYOND THE DRIVE THROUGH WHERE YOU COULD CONCEIVABLY PULL IN ON THE WINDOW SIDE, NOT JUST ON THE RESTAURANT SIDE IF THAT'S IS THAT, BUT WE FLAGGED TO THEM THAT THOSE ACTUALLY ARE IN THE WAY OF THE CAR COMING OUT OF THE WINDOW.
I'M NOT GONNA SAY ALL OF THEM, BUT AT LEAST THE FIRST, FIRST COUPLE, ONE OR TWO COUPLE OF THEM, THEY PAINTED IT BEFORE WE KIND OF GOT INTO DISCUSSIONS AND YOU KNOW, IF YOU HAVE A CAR COMING OUT THAT WINDOW, IT'S GONNA HAVE TO GO STRAIGHT, WHICH IS WHERE THEY'VE GOT SOME OF THOSE LINES PAINTED.
SO THE CANOPY IS OVER THE DRIVE THROUGH LANE, IS THAT, YEAH, YOUR PICTURES, WE, WE'VE GIVEN YOU THAT.
IT'S AN EXISTING STRUCTURE THAT HAD A DRIVE THROUGH WINDOW.
THEY'RE TRYING TO, YOU KNOW, REESTABLISH IT.
ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS ON THIS CASE? ANY OTHER QUESTIONS ON THIS CASE? I, UH, MR. BELL, GO AHEAD.
UM, MS. WILLIAMS, THAT, THAT UH, ENTIRE SPACE, THE 28 FEET BEHIND THE BUILDING, THAT'S ALL DESIGNATED FIRE LANE, CORRECT? YES.
AND, UH, ARE WE BEHOLDEN TO FIRE REGULATIONS AS IT RELATES TO APPROVING THESE REQUESTS? WE, BECAUSE LIKE YOU SAID, THERE'S A STACKING ISSUE FROM THE WINDOW AND IF, IF CONCEIVABLY, IF THE CARS CAME THROUGH AND THEY GOT JAMMED BACK THERE BECAUSE THEY WERE WAITING TO GET THEIR FOOD AT THE WINDOW, THAT IS A FIRE HAZARD BECAUSE THE FIRE TRUCK COULD NOT GET THROUGH THAT SPACE.
THAT WOULD BE AN ISSUE THAT OUR FIRE MARSHAL WOULD TAKE UP WITH THEM.
BUT I I KNOW WHERE YOU'RE GOING.
THAT'S THE FIRE MARSHAL'S DUTIES TO ENSURE THAT THAT FIRE LANE IS NOT BEING IMPACTED, OBSTRUCTED.
AND IF HE FIND THAT'S IT IS, IT'D BE HIS DECISION TO ISSUE SOME TYPE OF CITATION OR NOT EVEN AFTER WE'VE APPROVED THEM FOR
[00:35:01]
ALLOWING THE DRIVE THROUGH THERE IF, IF WE CHOSE TO DO SO.ALRIGHT COMMISSIONERS, ANY OTHER QUESTIONS ON THIS CASE? ALRIGHT, HEARING AND SEEING NONE, WE'LL MOVE ON TO THE LAST PUBLIC HEARING FOR THIS EVENING, WHICH IS ITEM G TWO, WHICH IS CONDUCT A PUBLIC HEARING TO CONSIDER A SPECIFIC USE PERMITT SUP REQUEST FOR A RESTAURANT WITH A DRIVE-THROUGH ON A PROPERTY THAT'S CURRENTLY ZONED GENERAL RETAIL GR THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED 54 AND THE CURTIS PARK SURVEY, ABSTRACT ABSTRACT NUMBER, 1000 124 800 SOUTH HAMPTON ROAD.
THE APPLICANT IS MIKE BARNETT OF CANNON PARTNERS REALTY AND THE PROPERTY OWNER IS HSB INVESTMENT TWO LP AND THIS IS CASE NUMBER Z DASH 15 0 8 DASH 23.
MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING COMMISSIONERS.
UM, BEST, UH, CASE NUMBER Z 15 0 8 23 IS A SUP REQUEST FOR YOUR RESTAURANT WITH A DRIVE THROUGH.
THE SITE IS 0.91 ACRES AND IS CURRENTLY ZONED GENERAL RETAIL.
THE PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF SOUTH HAMPTON ROAD AND EAST PARKFIELD ROAD.
IT IS ADDRESSED AS 800 SOUTH HAMPTON ROAD.
THIS IS THE AREA WHEN THE LOCATION MAP FOR THE SITE.
THE, THE SUBJECT SITE IS VACANT AND THE PROPERTY TO THE NORTH IS A CHURCH WITH THIS SF 10 ZONING.
THE PROPERTY TO THE SOUTH IS VACANT WITH UM, GR ZONING AND TO THE EAST IS A CHRONIC CARE FACILITY.
ZONED PLAN DEVELOPMENT 38 AND PROPER TO THE WASTE IS THE STORAGE FACILITY THAT IS ZONED PLAN DEVELOPMENT ONE 20.
THE FUTURE END USE PLAN IDENTIFIES THE SITE IS SUITABLE FOR OFFICE SLASH RETAIL USES AND THE PROPOSED, UM, RESTAURANT IS CONSISTENT WITH THE FUTURE END USE PLAN OF THE 2015 COMPREHENSIVE PLAN.
THE MASTER THERAPY PLAN SHOWS, UM, THIS SITE IS ACCESSED FROM SOUTH HAMPTON ROAD AND EAST PARKFIELD ROAD AND BOTH SOUTHAMPTON ROAD AND EAST PARK OF YOUR ROAD ARE FALLEN AT YOUR ROADWAYS ON THE 2015 MASTER THERAPY PLAN.
IN TERMS OF OUR HISTORY IN DECEMBER, 2022, THERE WAS AN APPLICATION THAT WAS SUBMITTED TO REASON THIS PROPERTY FROM, UM, GENERAL RETAIL TO PD WITH OUR GENERAL RETAIL IS BASED ZONING WITH SOME DEVIATIONS.
AND IN THAT IN DECEMBER THAT APPLICATION CONSISTED OF FOUR SEPARATE, UH, LOADS.
TWO OF THEM, ONE OF THEM WAS BEING PROPOSED FOR THIS SAME USE, A RESTAURANT WITH A DRIVE THROUGH AND THE REMAINING TWO-WAY VACANT.
AND IN JANUARY, 2020, JANUARY 24TH, 2023, THE COMMISSION RECOMMENDED DENIAL OF THE PROPOSED PD.
AND UM, IN, UH, ON FEBRUARY 3RD, 2023, THE APPLICANT APPEALED THE COMMISSION'S RECOMMENDATION OF DENIAL TO CITY COUNCIL.
AND IN MAY 16TH, 2023, THE CITY COUNCIL DENIED UM, THE REQUEST, THE PD REQUEST WITH, UM, A CAR WASH AND A RESTAURANT FOR THE CURRENT SUP REQUEST.
UH, SECTION 35.2 OF THE ZONING REGULATIONS STATES THAT STATE THINGS THAT ARE THE COMMISSION AND THE CITY COUNCIL SHOULD CONSIDER THESE THINGS INCLUDE HARMON AND COMPATIBILITY EXISTING USES, WHETHER THE USE IS NORMALLY ASSOCIATED WITH PERMITTED USES IN THE BASE DISTRICT, WHETHER THE NATURE OF THE USE IS REASONABLE AND WHETHER THERE ARE ANY MITIGATIONS UH, THAT WILL, THAT ARE CONSIDERED UM, ON THE SURROUNDING PROPERTIES.
AND THE REQUESTED RESTAURANT IS ASSOCIATED WITH, UH, USES THAT ARE NORMALLY FOUND IN GENERAL RETAIL.
AND THE PROPOSED USE WILL ALSO BE COMPATIBLE WITH FUTURE GENERAL RETAIL USES BECAUSE, UH, THIS USES ARE SURROUNDED WITH THE VACANT UM, PROPERTY BECAUSE THE, UM, I'LL SHOW YOU ON THE, ON THE, ON THE SIDE PLAN, THEY'RE JUST CONSIDERING THE HARD CORNER AND LEAVING THE REST OF THE PROPERTY VACANT AND THE REST OF THE PROPERTIES ARE ZONED GENERAL RETAIL.
SO THE USES WILL BE COMPATIBLE WITH A RESTAURANT.
SO AS IT IS, UM, THE PROPOSED RESTAURANT MEETS THE UH, SECTION 35.2 REQUIREMENTS THAT THE COMMISSION AND THE CITY COUNCIL MUST CONSIDER WHEN APPROVING A SPECIFIC USE PERMIT.
AND ON SUNDAY OCTOBER 29TH, 2023, A PUBLIC NOTICE WAS PUBLISHED IN FOCUSED DAILY NEWS AND STAFF MAILED 23 NOTIFICATION LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.
AND TODAY STAFF RECEIVED ONE EMAIL IN SUPPORT OF THIS UH,
[00:40:01]
SPECIFIC USE REQUEST.AS YOU CAN SEE, THE PROPOSED RESTAURANT IS RIGHT AT THE ART CORNER AND THIS IS OWNED GENERAL RETAIL AND THE REMAINING UM, PROPERTY IS GOING TO BE VACANT FOR NOW AND UM, IT'S OWNED GENERAL RETAIL.
THIS IS THE PROPOSED LANDSCAPE PLAN.
THIS IS THE NORTH AND SOUTH, UH, THIS NORTH AND SOUTH ELEVATION PLAN THAT WAS SUBMITTED.
AND THIS IS THE EAST AND WEST ELEVATION PLANS.
STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO CITY COUNCIL OF THE SPECIFIC USE PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE THROUGH IS SUBMITTED AND I THINK MR. BOY HAS SOMETHING TO SAY.
JUST TO PROVIDE SOME ADDITIONAL INFORMATION.
UM, IF APPROVED AND WHEN HE COMES BACK FOR PLATTING, HE WOULD BE LOOKING AT TRYING TO SEPARATE THIS FOUR, UH, THIS FOUR ACRE TRACK OF LAND INTO TWO DIFFERENT, UH, BLOCKS OF LAND.
NOW HIS ENTRANCE OFF OF PARKVILLE IS BEING SHOWED ON THE SECOND LOT THAT IS LEGAL.
IT'S JUST WHEN THE PLATING COMES, HE'S GONNA HAVE TO SHOW THAT AS A PUBLIC ACCESS EASEMENT FOR HIS PROJECT.
HE'S ONLY GOING TO BE CONSTRUCTING THIS ACCESS IN AND OUT OFF OF HAMPTON ROAD DURING THIS PROJECT.
BUT WHEN HE PLANTS, HE'S ALSO GONNA SHOW THIS DOTTED LINE THAT YOU SEE GOING UP HERE.
HE IS PROJECTING TO DEVELOP THIS ENTIRE PROPERTY AND WHEN HE CAME TO YOU BEFORE WHEN HE HAD ANOTHER USER, THIS WAS GOING TO INCLUDE A MEDIAN CROSSING HERE IN HAMPTON.
BUT TONIGHT THIS CASE IS ONLY ON THE WENDY'S RESTAURANT OR A DRIVE THROUGH RESTAURANT.
BUT I DID WANT TO JUST GET IT CLEAR THAT DURING THE PLATING PROCESS SHOULD YOU APPROVE IT NOW IT IS GOING TO INVOLVE THIS ACCESS OFF OF PARKVILLE ACTUALLY BEING IN TWO, BUT IT WILL BE ESTABLISHED AS A PUBLIC ACCESS EASEMENT.
COMMISSIONERS, ANY QUESTIONS FOR STAFF? ALL RIGHT, HEARING AND SEEING NONE, UH, STAFF, IS THERE ANYTHING ELSE THAT WE NEED TO TAKE UP BEFORE WE ADJOURN THE WORK SESSION? JUST AGAIN, A REMINDER ABOUT THE JOINT MEETING ON UH, MONDAY NIGHT WITH THE CITY COUNCIL AT THE TROPICAL SESSION.
AS FOR THE CHARACTER BASED ZONE, UH, INTRODUCTION TO BOTH GROUPS AND THE BIGGER PICTURE WILL BE, UH, AFTER THAT POINT IT'S GONNA COME TO YOU IN JANUARY, UH, FOR THE, DURING THOSE MONTHS THERE ALSO WE GONNA BE HAVING A TEXT AMENDMENT THAT'S GONNA BE COMING BACK TO YOU.
THERE HAS BEEN A COUPLE OF HOUSE BILLS THAT WERE PASSED IN THE LAST LEGISLATION THAT ACTUALLY WENT INTO EFFECT SEPTEMBER ONE, UH, CITY ATTORNEY'S OFFICE HAS FLAGGED THAT WE HAVE TO DO SOME TEXT AMENDMENT.
ONE IS ACTUALLY REQUIRING A CHECKLIST THAT IS APPROVED BY THE CITY THAT IS ACCOMPANIED WITH EVERY TYPE OF PLAT THAT THE APPLICANT IS CLEARLY UNDERSTANDING WHAT THOSE ADDITIONAL DOCUMENTS ARE THAT STAFF IS REQUIRING BE SUBMITTED AT THAT INITIAL SUBMITTAL TIMES.
WE HAVE A CHECKLIST WHEN YOU LOOK AT OUR APPLICATION.
MR. BREWER, I'M GONNA STOP YOU THERE 'CAUSE THAT'S NOT ON THE AGENDA TODAY, SO THAT'S NOT REALLY SOMETHING WE NEED TO BE DISCUSSING AT THIS MEETING SINCE THAT'S NOT ON THE AGENDA.
ALRIGHT, WELL WITH THAT BEING SAID, DO WE HAVE A VOLUNTEER FOR THE PLEDGE TONIGHT? ALRIGHT, MR. BELL, THANK YOU VERY MUCH SIR.
AND HEARING NOTHING ELSE AT THIS TIME, WE WILL TAKE THIS OPPORTUNITY TO ADJOURN THE WORK SESSION AT 6:44 PM AND WE WILL START OUR REGULAR SESSION PROMPTLY AT 7:00 PM THANK YOU.
GOOD EVENING LADIES AND GENTLEMEN.
[B. PLEDGE OF ALLEGIANCE]
THE TIME IS NOW 7:00 PM TODAY IS TUESDAY, NOVEMBER 14TH, 2023.I WANT TO CALL TO ORDER THE REGULAR SESSION OF THE SOTO PLANNING ZONING COMMISSION MEETING.
OUR FIRST ORDER OF BUSINESS IS A PLEASURE OF ALLEGIANCE AND WILL BE LED BY COMMISSIONER BELL, OUR PLEDGE OF ALL ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[00:45:01]
TO ORDER AND WE DO FOR RECORD PURPOSES.DO HAVE A QUORUM, UH, WITH ALL MEMBERS IN ATTENDANCE.
[E. CONSENT AGENDA Any item may be withdrawn from the consent agenda and acted on separately. approval of the Consent Agenda authorizes the approval of each item in accordance with Staff Recommendations. ]
ON THE AGENDA IS ITEM E ONE A, WHICH IS THE APPROVAL OF THE MINUTES.IT SAYS CONSIDER APPROVAL OF THE MINUTES WHEN THE PLANNING ZONING, REGULAR MEETING HELD ON OCTOBER 24TH, 2023 COMMISSIONERS.
ARE THERE ANY OTHER ADDITIONS OR DELETIONS OR MODIFICATIONS, UH, NEEDED TO THE MINUTES, UH, TAKING IN CONSIDERATION OUR DISCUSSION, UH, DURING THE WORK SESSION? SO ANY ADDITIONAL, UH, ALTERATIONS, DELETIONS, OR OTHERWISE MODIFICATIONS TO THE MINUTES HEARING AND SAYING NONE.
IS THERE A MOTION WITH RESPECT TO THE MINUTES, THE APPROVAL OF THE MINUTES DATED OCTOBER 24TH FOR 2023? IS THERE A MOTION? SO MR. CHAIR, SECOND MS. CAESAR IS MOVING TO APPROVE THE MINUTES OF OCTOBER, 2023.
MS. BROOKS HAS SECONDED THAT MOTION.
IS THERE ANY UNREADINESS HEARING AND SAYING NONE ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.
MOVING ON TO OUR REGULAR AGENDA.
[1. Discuss and consider the Planning and Zoning Commission's December 26, 2023 and FY 2024 meeting dates.]
UH, ITEM NUMBER F1 IS DISCUSSED AND CONSIDER THE PLAN IS ZONING COMMISSION IS DECEMBER 26TH, 2023 AND FISCAL YEAR 2024.MEETING DATES, UH, MR. BREW, MAY WE HAVE OUR STAFF REPORT PLEASE? YES, SIR.
MR. CHAIR, MEMBERS OF THE COMMISSION DURING THE CITY COUNCIL'S LAST MEETING, THEY SET THEIR AGENDA, UH, FOR THE 2024 YEAR CALENDAR YEAR.
HAVING THAT BEEN ESTABLISHED, I WANTED TO BRING TO YOU, UH, THEIR DATES AND HAVE YOU TAKE THE OPPORTUNITY TO NOT ONLY DECIDE YOUR MEETING DATES FOR 2024, BUT ALSO CONSIDER COUNSELING YOUR SECOND MEETING IN DECEMBER, WHICH IS ACTUALLY DECEMBER THE 26TH.
DECEMBER 26TH THIS YEAR IS, IS BEING RECOGNIZED AS A CITY HOLIDAY IN CONJUNCTION WITH CHRISTMAS.
UH, SO SINCE YOU HAVE A MEETING DATE, THE FACILITY'S GONNA BE CLOSED, BUT YOU HAVE NOT OFFICIALLY, UH, TAKEN ANY ACTION TO, UH, COUNSEL THAT CASE.
LAST YEAR THE CITY COUNCIL DID COUNSEL ONE OF THEIR TWO MEETINGS IN THE SUMMER MONTHS OF JUNE, JULY, AND AUGUST DURING THE CURRENT SCHEDULE.
THEY ONLY DELETED ONE OF THEIR MEETINGS IN THE MONTH OF JUNE AND JULY.
THE, UH, COMMISSION, YOU'RE NOW BEING REQUESTED TO CONSIDER THE CANCELLATION OF THE DECEMBER 26TH MEETING OF THIS YEAR AND DECIDE WHAT MEETINGS YOU WOULD LIKE TO CONDUCT OR COUNSEL FOR THE NEXT CALENDAR YEAR.
I'LL ANSWER ANY QUESTIONS OR CONCERNS YOU MAY HAVE.
COMMISSIONERS, ARE THERE ANY QUESTIONS OF STAFF? OKAY, HEARING IS SEEING DONE.
I'M GOING TO ATTEMPT TO STREAMLINE, UH, THIS AND SO COMMISSIONERS, PLEASE FEEL FREE TO JUMP IN IF THERE'S ANY UNREADINESS.
I AM SEEKING A MOTION BASED ON STAFF'S REPORT A MOTION, UH, THAT WILL, AND THIS IS ALSO BASED ON OUR DISCUSSIONS IN THE WORK SESSION, A MOTION THAT WILL CANCEL OUR DECEMBER 26TH, 2023 MEETING.
ALSO WITH RESPECT OF SUMMER OF 2024, A MOTION THAT WILL CANCEL OUR JUNE 11TH, 2024 MEETING, WHILE STILL MEETING ON JUNE 25TH, 2024.
UH, THE MOTION WOULD ALSO CANCEL THE JULY 9TH MEETING OF 2024 WHILE STILL MEETING ON JULY 23RD, 2024.
AND LAST BUT NOT LEAST, CANCEL OUR AUGUST 13TH MEETING OF 2024 WHILE STILL MEETING ON AUGUST 27TH OF 24 IN EFFECT AS IT RELATES TO SUMMER OF 2024, WE WILL NOT MEET ON THE SECOND TUESDAYS OF THOSE MONTHS IN JUNE, JULY, AUGUST OF 2024.
WE WILL ONLY MEET ON THE FOURTH TUESDAYS OF THOSE MONTHS WHILE ALSO COUNSELING DECEMBER 26TH, 2023.
UH, IS THERE SUCH MOTION? SO MOVED MR. CHAIR.
MS. CAESAR HAS MADE THE MOTION.
IT'S BEEN MOVED AND SECONDED BY MR. LL.
IS THERE ANY UNREADINESS? ANY QUESTIONS? UH, IF NOT ALL IN FAVOR, RAISE YOUR RIGHT HAND AND SAY AYE.
ALL OPPOSED, DO THE SAME AND SAY NAY.
AND MR. BREWER AND STAFF, IF YOU WOULD MODIFY AND ADJUST OUR CALENDAR ACCORDINGLY.
THE NEXT ITEM ON THE AGENDA IS ITEM F TWO.
UH, CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REVISED PP UH DASH 3 4 3 DASH 22 PRELIMINARY PLAT HOMESTEAD AT DANIEL FARMS PHASE THREE, LOCATED SOUTH OF WEST DANIELDALE ROAD AND WEST OF NORTHWEST MULLIN ROAD, NINE 20 WEST DANIELDALE ROAD AND 2051 NORTH NORTHWEST MULLIN ROAD.
THIS WAS CONTINUED FROM OCTOBER 10TH, 2023 AND OCTOBER 24 FOR 2023.
UH, PLANNING THE ZONING OF COMMISSION MEETINGS AS REQUESTED BY THE APPLICANT AND MR. BREW, I KNOW I GAVE YOU A HARD TIME DURING THE WORK SESSION, BUT I KNOW WE HAVE TO COVER IT IF YOU'LL PROCEED, SIR.
UH, UH, CHAIRMAN AND COMMISSIONERS, UH, STAFF RECEIVED A TELEPHONE CALL FROM THE APPLICANT YESTERDAY REQUESTING TO WITHDRAW THEIR APPLICATION.
LADIES AND GENTLEMEN, THAT NOW TAKES US TO THE PUBLIC HEARING PORTION OF OUR, UH, AGENDA TONIGHT.
WE HAVE TWO PUBLIC HEARINGS ON THE
[00:50:01]
AGENDA.UH, IF YOU WISH TO SPEAK TO EITHER ITEM OR BOTH.
UH, MR. TRENT CARROLL, WHO'S TO MY LEFT, YOUR RIGHT, WHO HAS HIS HAND RAISED AT THE TABLE WHEN YOU FIRST WALKED IN.
UH, HE HAS COMMENT CARDS IF YOU'D LIKE TO SPEAK TO TONIGHT.
WE'D ASK YOU TO FILL OUT A COMMENT CARD, GIVE IT BACK TO MR. CARROLL AND HE'LL GIVE IT TO US.
UH, YOU HAVE AN OPPORTUNITY TO BE HEARD, WHETHER IT'S IN FAVOR OR IN OPPOSITION, UH, TO EITHER ONE OF THESE PUBLIC HEARINGS.
[1. Conduct a Public Hearing and consider making a recommendation to the City Council on Zoning Case Z-1507-23 for a Specific Use Permit (SUP) request in order to establish and operate a "Restaurant, Drive-Thru" at an existing restaurant located at 122 S. Hampton Road (BulleeZ) . The property is legally described as being Tract 38.1 in the Original Town DeSoto Addition. The applicant and property owner is Traxion Holdings LLC.]
SAID THAT, WE'LL MOVE ON TO ITEM G ONE, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL ON ZONING CASE Z DASH 1,507 DASH 23 FOR A SPECIFIC USE PERMIT.SUP REQUEST IN ORDER TO ESTABLISH AND OPERATE A RESTAURANT, DRIVE THROUGH AT AN EXISTING RESTAURANT LOCATED AT 1 2 2 SOUTH HAMPTON ROAD.
THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED.
38.1 IN THE ORIGINAL TOWN DESOTO EDITION.
THIS THE APPLICANT AND PROPERTY OWNER IS TRACK SUN HOLDINGS, LLC AND MS. JORDAN WILLIAMS. MAY WE HAVE OUR STAFF REPORT PLEASE.
CASE NUMBER Z DASH 15 0 7 DASH 23 IS A SUP REQUEST FOR EXISTING RESTAURANT WOOD DRIVE-THROUGH THE SITE IS 0.407 ACRES AND IS CURRENTLY ZONED GENERAL RETAIL.
THE PROPERTY IS LOCATED ON THE EAST SIDE OF SOUTH HAMPTON AND 312 FEET SOUTH OF WEST BELTLINE.
IT IS ADDRESSED AS 1 2 2 SOUTH HAMPTON ROAD.
ON THE LEFT YOU SEE THE AERIAL MAP OF THE SITE AND ON THE RIGHT IS THE VICINITY MAP.
THE SUBJECT SITE IS GENERAL RETAIL PROPERTIES TO THE NORTH, SOUTH AND WEST ARE GENERAL, ARE ALSO GENERAL RETAIL PROPERTIES TO THE EAST IS OFFICE ONE.
THE FUTURE LAND USE PLAN IDENTIFIES THIS SITE AS MIXED USE HISTORIC RETAIL.
THE EXISTING USE OF RESTAURANT WITH DRIVE THROUGH IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2015 COMPREHENSIVE PLAN.
THE SUBJECT PROPERTY IS ACCESSED FROM SOUTH HAMPTON ROAD.
HAMPTON ROAD IS A FOUR LANE TER ROAD SHOWN ON A 2015 MASTER.
THE FAIR PLAN THE APPLICANT IS REQUESTING THE USE OF EXISTING REST AND RIGHT WHERE A DRIVE THROUGH ON PROPERTY ON THE PROPERTY THAT IS CURRENTLY ZONED GENERAL RETAIL SECTION THREE 6.10 OF THE USE CHOICE ZONING ORDINANCE REQUIRES A SPECIFIC USE PERMIT FOR RESTAURANTS WITH A DRIVE THROUGH SECTION 7.3 0.3 C STATES.
WHEN A NON-CONFORMING USE OR STRUCTURE, WHICH DOES NOT MEET THE DEVELOPMENT STANDARDS IN THIS ORDINANCE CEASED TO BE USED IN SUCH MANNER FOR A PERIOD OF SIX MONTHS, SUCH YOU SHALL NOT BE RESUMED AND PROOF OF SUCH EVENT SHALL CONSTITUTE A PRI PRIMA FE ES EV EVIDENCE OF AN ACT OF ABANDONMENT.
ON OCTOBER 9TH, 2023, APPLICANT A MALIK MUHAMMAD REPRESENTING TRACKS AND HOLDING LLC SUBMITTED AN APPLICATION FOR APPROVAL OF SPECIFIC USE PERMIT TO THE CITY'S TO THE CITY'S DEVELOPMENT SERVICE DEPARTMENT IN ORDER TO ESTABLISH A DRIVE THROUGH SERVICE AT HIS NEW RESTAURANT CALLED BULLIES.
SECTION THREE, 5.2 OF THE ZONING REGULATION STATES WHAT THE COMMISSION AND THE CITY COUNCIL, THE CITY COUNCIL SHOULD CONSIDER THE USE IS, IS HOME HARMONIOUS AND COMPATIBLE WITH SURROUNDING EXISTING USE.
THE ACT IS NORMALLY ASSOCIATED WITH THE PERMITTED USES IN THE BASE DISTRICT.
THE NATURE OF THE USE IS REASONABLE.
ANY NEGATIVE IMPACT ON THE SURROUNDING AREA HAS BEEN MITIGATED AND THAT ANY ADDITIONAL CONDITIONS ENSURE THAT THE INTENT OF THE DISTRICT PURPOSE ARE BEING UPHELD.
THE EXISTING RESTAURANT WHERE THEY DRIVE THROUGH IS HARMONIOUS AND COMPATIBLE WITH THE EXISTING RETAIL USE OF A BARBERSHOP, CELLULAR REPAIR AND CHIROPRACTOR OFFICE.
IN ADDITION, RESTAURANTS ARE ALLOWED BY RIGHT IN GENERAL RETAIL ZONING DISTRICT AND A RESTAURANT WHERE THEY DRIVE THROUGH IS A REASONABLE USE IN GENERAL RETAIL.
SINCE THE RESTAURANT IS SURROUNDED BY RETAIL USES LISTED ABOVE, THERE IS NO NEGATIVE IMPACT TO BE MITIGATED.
THE USE OF THE EXISTING RESTAURANT WOULD DRIVE THROUGH UPHOLD THE INTENT OF THE GENERAL RETAIL DISTRICT.
THEREFORE, STAFF SUPPORTS THE APPLICANT'S REQUEST TO USE THE EXISTING RESTAURANT WITH A DRIVE THROUGH ON SUNDAY OCTOBER 29TH, 2023.
A NOTICE FOR A PUBLIC HEARING WAS PUBLISHED IN FOCUS DAILY NEWS STAFF MAILED 47 NOTIFICATION LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.
[00:55:01]
STAFF RECEIVED ONE RETURN PUBLIC HEARING NOTICE IN SUPPORT OF THE APPLICANT'S SUP REQUEST.HERE IS THE SUBMITTED SITE PLAN BY THE APPLICANT.
THIS FIRST PHOTO IS A, UH, FRONT VIEW OF THE EXISTING PROPERTY.
HERE'S ANOTHER VIEW OF THE DRIVE THROUGH SIDE OF THE EXISTING PROPERTY.
THIS IS, UM, THE ACTUAL DRIVE THROUGH.
THIS IS A REAR VIEW OF THE DRIVE THROUGH AND THIS IS THE BACK OF THE BUILDING.
STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR A SPECIFIC USE PERMIT TO ALLOW THE NEW RESTAURANT POLICE TO ESTABLISH AND OPERATE DRIVE THROUGH SERVICES AT 1 2 2 SOUTH HAMPTON ROAD.
COMMISSIONERS, ARE THERE ANY QUESTIONS, UH, FOR STAFF MR. AU? YES.
UM, WILL THE APPLICANT BE HERE THIS EVENING? UM, I DO NOT SEE HIM, SIR.
SO DO WE KNOW WHY THEY HAD NOT APPLIED FOR THE DRIVE THROUGH WHEN THEY INITIALLY WENT INTO THE RESTAURANT? I DO NOT KNOW WHY HE DIDN'T APPLY, BUT UM, I KNOW WHY HE WASN'T GIVEN ACCESS TO THE, UH, DRIVE THROUGH WHEN HE GOT HIS SEAL.
ARE YOU ABLE TO SHARE THAT INFORMATION WITH US? YES.
WHEN UM, HE APPLIED FOR THE SEAL, WE WERE NOT ABLE TO FIND AN EXISTING SUP ON A PROPERTY.
SO YOU'RE SAYING THAT THERE WAS NO EXISTING SUP FOR THE DRIVE THROUGH? YES.
SO THE BUILDING OFFICIAL ALLOWED HIM TO OPERATE WITHOUT THE USE OF THE DRIVE THROUGH.
SO THEREFORE THEY'RE COMING TO US TODAY FOR THE AN FOR AN SUP TO OPERATE AS SUCH.
AND AS WE NOTICED EARLIER, THERE IS A FIRE LANE BEHIND THE BUILDING, CORRECT? YES SIR.
WHAT ISSUES DOES THAT CAUSE FOR FOR UM, WITH CUSTOMERS COMING WITH THAT FIRE LANE BEING BEHIND THE BUILDING AS THEY GO THROUGH THE DRIVE THROUGH? I'M GONNA YELL TO MY DIRECTOR.
CHAIRMAN NEED TO SHARE, WHICH WASN'T A PART OF THE REPORT.
UH, THE SECTION OF OUR ZONING ORDINANCE THAT DEALS WITH UH, STACKING REQUIREMENTS, UH, IN SECTION 38, WHICH IS OFF STREET PARKING AND LOADING REQUIREMENTS, SUBSECTION 38.3, UH, WHICH IS NON-RESIDENTIAL AND MOTHER FAMILY DISTRICTS SPECIAL OFF STREET PARKING PROVISIONS, SUBSECTION K, IT ACTUALLY ESTABLISH REQUIREMENT FOR OFF STREET STACKING REQUIREMENTS FOR DRIVE THROUGH FACILITIES.
NUMBER ONE STATES THAT THE STACKING SPACE MEASURES EIGHT FEET BY 20 FEET AND THEN NUMBER THREE STATES FOR EACH SERVICE WINDOW OF A DRIVE THROUGH RESTAURANT A MINIMUM SIX SPACES SHALL BE PROVIDED FROM THE LOCATION OF THE ORDER WINDOW.
UH, DURING THE MATH THAT WE DO SIX TIMES 20.
THAT'S SAYING THAT AT LEAST 120 FEET IS REQUIRED IN LENGTH FOR THE, UH, PROPOSED UM, STACKING FROM A WINDOW.
I WILL GO BACK TO THEIR SITE PLAN.
UH, BY THIS SITE PLAN, IT ACTUALLY SHOWS THE TOTAL DISTANCE.
OH, WHAT AM I DOING WRONG? THANK YOU.
ON THE SITE PLAN IT SHOWS THE TOTAL DEPTH OF THE ENTIRE LOT IS 170 FEET FROM THE FRONT RIGHT OF WAY TO THE REAR PROPERTY LINE.
AND IF WE'RE SAYING THAT BY THE MATH SIX SPACES AT A DEPTH OF 20 FEET WOULD REQUIRE 120, IT WOULD NOT APPEAR THAT FROM A CAR SITTING AT UNDERNEATH THE UH, COVERED DRIVE THROUGH WINDOW SPACE THAT YOU COULD GET 120 FEET WITHOUT GOING INTO THAT UH, FIRE LANE.
NOW THE ENFORCER DEPARTMENT OF OF PARKING IN THE FIRE LANES IS THE CITY'S FIRE DEPARTMENT FIRE MARSHAL.
THAT IS THE EXTENT THAT WE CAN SHARE WITH YOU THAT RIGHT NOW DOES NOT APPEAR THAT YOU COULD GET 120
[01:00:01]
FEET WITHOUT GOING IN BEHIND THE BUILDING WITH, AND THAT APPEARS TO BE THE FIRE LANE, BUT THAT IS OUT OF OUR AUTHORITY AS DEVELOPMENT SERVICES.ONE ADDITIONAL QUESTION, IS THIS THE WALK UP RESTAURANT OR DO THEY HAVE SIT DOWN INSIDE OR THEY JUST WALK UP OR DRIVE? HOW DO THEY GET THEIR FOOD NOW? DO THEY HAVE TO GO INSIDE THE BUILDING PARK AND GO INSIDE THE BUILDING? YOU'RE REALLY ASKING SOMETHING THAT THE APPLICANT SHOULD BE HERE TO REPRESENT HIMSELF.
AND HE WAS TOLD OF THE PUBLIC HEARING AND HE'S NOT HERE.
SO HOW THEY FULLY OPERATE ACCURATELY, WE COULD NOT SAY.
ANY ADDITIONAL QUESTIONS FOR STAFF? MS. BROOKS? JUST TO FOLLOW UP ON COMMISSIONER RAVENAL, WAS THIS UH, ROUTED TO THE FIRE DEPARTMENT FOR THEIR OPINION ON THE SAFETY WHEN NOT MEETING THAT 120 FEET FOR THE STACKING? NOT THAT PARTICULAR QUESTION.
THE FIRE DEPARTMENT, UH, DO HAVE TO STRONGLY ASSUME WAS INVOLVED WHEN THE APPLICANT APPLIED FOR HIS CERTIFICATE OF OCCUPANCY, HE APPLIED WITH HIS CERTIFICATE OF OCCUPANCY FOR USE OF THIS BUILDING AS A RESTAURANT PERIOD.
UH, LAST FALL OF 2023, THE DEPARTMENT OF UM, DEVELOPMENT SERVICES THROUGH HIS BUILDING THE SERVICE DEPARTMENT ISSUED THE CERTIFICATE OF ADVOCACY IN JULY, 2023.
BUT WHEN HE APPLIED, UM, AND AT THAT TIME THE FIRE MARSHAL WOULD'VE HAD INVOLVEMENT, UM, WITH ANY FIRE LAND REQUIREMENTS.
BUT SPECIFICALLY YOUR QUESTION, DID WE ASK THEM ABOUT THE STACKING? NO.
WHEN THEY REVIEWED IT LAST THERE WAS NO DRIVE THROUGH, UM, COMPONENT TO THIS.
WHEN THEY REVIEWED IT IN JULY, THAT STRUCTURAL DRIVE THROUGH WINDOW WAS IN EXISTENCE.
BUT THAT CO APPLICATION DID NOT INCLUDE THE DRIVE THROUGH.
IT ONLY INCLUDED A RESTAURANT WITHOUT THE DRIVE THROUGH.
UH, MS. CAESAR THEN MR. CHAIR, DID YOU HAVE ANY QUESTIONS? I DID NOT.
MS. CAESAR THEN MR. BELL, UM, MR. RULE, AM I SEEING CORRECTLY ON THIS SCHEMATIC, THE INGRESS AROUND THE PARKING SPACES TO THE ORDER WINDOW? SHOW ME THE PHOTO WHERE THE UM, CANOPY IS PLEASE SIR.
ON THE SITE PLAN ITSELF, YOU ARE CORRECT, UH, THEY ARE PROPOSING ENTRANCE TO BE THE SOUTHERN MOST ENTRANCE OFF OF HAMPTON.
UM, BELT LINE IS FURTHER NORTH AND THIS IS ON THE EAST SIDE OF SOUTH HAMPTON, BUT THE SECOND LOWER OF THE TWO ENTRANCES IS SHOWING A TRAVEL LANE COMING AROUND.
AND YOU GET TO THE BACK, WE ARE GOING NORTH AND THEN WE GET AROUND THE CORNER, WE'RE GOING BACK WEST AND WHERE MY UH, RED.IS, THAT IS THE COVERED UH, LIKE A CARPORT AREA OVER A WINDOW BEFORE HEADING OUTTA THAT EXIT.
THEN WHEN YOU GO TO THE FOLDERS ITSELF, THIS WILL BE ENTERING OFF OF HAMPTON GOING EAST.
THIS IS COMING FROM THE REAR BACK WEST TO HAMPTON.
AND THIS IS THE COVERED CARPORT AREA FOR THE WINDOW THAT'S ON THE NORTH SIDE OF THE BUILDING.
THAT IS THE CARPORT AREA ITSELF.
I MAY BE PRONOUNCING IT WRONG, BUT THAT'S THE COVERED AREA AND THAT IS THE WINDOW.
WOULD THAT BE CONSIDERED THE PICKUP WINDOW THERE? ORDER PICKUP? YES MA'AM.
AND THEN JUST A LITTLE BIT FURTHER BEYOND THAT ARE THOSE DESIGNATED PARKING SPOTS.
SO A PERSON INSIDE THAT PARK, UH, INSIDE THE PICKUP WINDOW WOULD ACTUALLY INTERFERE WITH THOSE PARKING SPOTS.
YOU'D HAVE TO COME ACROSS THOSE SPOTS.
AM I SEEING THAT CORRECTLY? YES.
AND WE HAVE FLAGGED THAT THOSE PARKING SPOTS AS STRIPED, SOME OF THEM WOULD BE AN OBSTRUCTION FOR THE VEHICLE COMING OUT OF THE YES.
BUT AGAIN, THEY HAD DONE THEIR STRIPING BEFORE WE'VE GOT TO THIS PROCESS.
THEY DID IT IN, I'M ASSUMING THEY DID IT IN CONJUNCTION WHERE THEY WAS GIVEN THEIR CERTIFICATE OF OCCUPANCY JUST TO HAVE A RESTAURANT PERIOD.
IS THIS THE ONLY PICTURE WE HAVE OF THIS SIDE OF THE BUILDING? YES.
WELL, UM, THERE'S ANOTHER PHOTO THAT SHOWS IT LOOKING FROM THE BACK RIGHT THERE THAT IS LOOKING ON THE NORTH SIDE.
SO, AND THAT'S THE COVERED AREA.
[01:05:01]
ARE LOOKING FROM THE REAR OF THE PROPERTY, WHICH IS ON THE EAST SIDE.WE'RE LOOKING TOWARD HAMPTON AND BELTLINE IS GONNA BE ON OUR RIGHT TO THE NORTH.
SO MY QUESTION IS, WHEN THE CARS COME AROUND, ARE THEY GOING UNDER THE AWNING OR CONTINUING AROUND IN WHAT LOOKS LIKE THE FIRE LANE TO THE, UNDER THE AWNING.
THEY'RE GONNA BE DRIVING STRAIGHT UP THIS RAISED AREA HERE TO COLLECT THEIR FOOD THERE.
SO THEY HAVE TO GO IN HERE AND THEY'LL REACH THEIR ARM OUT AND, AND GET THEIR FOOD.
I WAS WONDERING BECAUSE IT LOOKED LIKE IT WOULD BE KIND OF LIKE CHICK-FIL-A'S DESIGN, WHERE SOMEONE WALKS OUT WITH THE FOOD, BUT THEY CAN ACTUALLY GET TO THAT WINDOW.
IT LOOKS, YEAH, AS YOU SEE FROM THE SITE PLAN IS WHAT THIS RED ROUTE IS GOING UNDERNEATH THE COVERED AREA, THEN COMING BACK OUT.
AND THE AREA WITHIN THE TWO RED STRIPES, THAT'S CONSIDERED FIRE LANE ALL THE WAY AROUND THE PROPERTY, IS THAT RIGHT? CORRECT.
ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF? MS. BROOKS? I HAVE A COMMENT, UM, BECAUSE I DON'T THINK I'M IN A POSITION TO SUPPORT OR DENY WITHOUT REALLY HEARING ABOUT THE SAFETY FROM THE FIRE DEPARTMENT, WILL IT CAUSE ANY TYPE OF HARDSHIP ON THE APPLICANT IF THIS IS DELAYED SO THAT HE COULD ATTEND THE PUBLIC HEARING AND ANSWER SOME OF THE QUESTIONS ABOUT EXISTING OPERATION AS WELL AS WAIT UNTIL STAFF CAN GET WITH THE FIRE DEPARTMENT AND GET US SOME COMMENTS FROM THE FIRE DEPARTMENT ON SAFETY.
THAT WOULD BE THE COMMISSION'S DECISION.
BY YOUR MOTION, WHETHER OR NOT YOU WOULD LIKE TO TABLE IT FOR A DATE SPECIFIC OR WHETHER YOU'D LIKE YOU, WHETHER YOU WOULD LIKE TO PROCEED ON WITH A MOTION TO APPROVE, REJECT CONDITIONALLY OR, OR WHAT? THAT'D BE YOUR DECISION AS A BOARD.
IF WE WERE TO REJECT IT THOUGH, THEY COULD COME BACK AND REAPPLY CORRECT OUR PROCESS, UH, BY OUR REGULATIONS.
IF YOUR MOTION IS TO DENY AND IT PASSES, THEY HAVE 10 DAYS TO FILE AN APPEAL TO THAT RECOMMENDATION TO DENIAL.
IF THEY MEET THAT 10 DAYS, THEN WE WILL CONTINUE IT ON TO THE CITY COUNCIL.
YOUR 10, YOUR RECOMMENDATION OF DENIAL THEN WOULD RETRIGGER THE REQUIREMENT FOR A SUPER MAJORITY VOTE OF THE MEMBERS THAT ARE PRESENT AT THAT COUNCIL MEETING? THE, IF THE COUNCIL THEN VOTES TO DENY IT, OUR REGULATIONS DID NOT HAVE A TIME STIPULATION BEFORE THEY CAN COME BACK AGAIN.
IF THE COUNCILS DENIES IT WITH PREJUDICE, THEN OUR REGULATION STATES THAT THEY HAVE TO WAIT A FULL YEAR TO COME BACK.
THEIR ARE SEVERAL OPTIONS DEPENDING ON WHAT THE MOTION IS MADE BY YOU, WHAT THE ACTION IS MADE BY YOU AND IF IT GOES TO COUNCIL, HOW THE MOTION IS MADE BY THE COUNCIL.
IF IT'S APPROVED, IT'S DENIED.
IF IT'S DENIED, THEY CAN COME BACK AT ANY TIME.
IF IT'S DENIED WITH PREJUDICE, THE REGULATIONS SAY THEY HAVE TO WAIT A FULL YEAR OR IT COULD BE TABLED AT, AT YOUR ACTION HERE.
SO I WANT TO JUST CONFIRM, UH, MS UH, JORDAN WILLIAMS, THE APPLICANT WAS AWARE OF THIS MEETING THIS EVENING? YES, SIR.
AND BY BY THEY KNEW THE, THEY KNEW THE NATURE OF THE MEETING AND YES.
FILED BY PHONE CALL AND BY, UM, NOTICE 'CAUSE HE RECEIVED A NOTICE WITH THE, WITHIN THE 200, 400 FEET ALSO.
AND MS. JORDAN, WE, JUST TO FOLLOW UP, WHEN YOU SPOKE WITH THE APPLICANT, DID THE APPLICANT INDICATE THERE WAS ANY TYPE OF HARDSHIP OR ANY TYPE OF INABILITY TO NOT BE IN ATTENDANCE TONIGHT? BECAUSE I THINK I KNOW WHERE MR. RAVENAL ISS GOING, SO I JUST WANNA FOLLOW UP ON THAT.
SO, UM, MR. RAVENAL AND MS. BROOKS, BEFORE WE, UH, PROCEED TO WHERE I BELIEVE THERE'S GONNA BE A MOTION, LET ME FIRST ASK, IS THERE ANYONE IN THE AUDIENCE, UH, I RECEIVED SEVERAL COMMON CARDS FOR OUR NEXT AGENDA ITEM.
IS THERE ANYBODY IN THE AUDIENCE WHO WANTED TO BE HEARD ON THIS FIRST AGENDA? ITEM, ITEM NUMBER G ONE ON THE AGENDA? OKAY.
WHAT I'M, WHAT WHAT I'M DOING IS I WANT TO MAKE SURE THERE WAS NO ONE HERE WHO WANTED TO BE HEARD DURING THE PUBLIC HEARING, SINCE THERE'S NO ONE IN THE AUDIENCE WHO WANTS TO BE HEARD EITHER
[01:10:01]
FOR OR AGAINST, AND THE APPLICANT'S NOT HERE.UH, AND SINCE I'M HEARING FROM YOU, MS. BROOKS, THAT YOU'D LIKE TO TABLE THIS, I WOULD JUST, I WOULD SIMPLY TABLE, UNLESS MR. SMITH HAS AN OBJECTION, WE WOULD JUST TABLE IT, NOT OPEN THE PUBLIC HEARING.
IF THAT'S THE PLEASURE OF THE COMMISSIONER, COMMISSION CHAIR.
IF YOU DON'T OPEN IT, WE'RE GONNA HAVE TO RE PUBLICIZE IT.
SO BASICALLY IT'D BE YOUR PREFERENCE TO OPEN IT AND THEN AT THAT POINT MAKE A DECISION.
SO WITH THAT BEING SAID, THE TIME IS NOW 7 26.
WE'LL TAKE THIS OPPORTUNITY TO OPEN THE PUBLIC HEARING.
THIS IS AN OPPORTUNITY AS I STATED BEFORE, FOR ANYONE IN ATTENDANCE TO EITHER SPEAK IN FAVOR OR AGAINST THIS PARTICULAR AGENDA ITEM.
AGAIN, THE PUBLIC HEARING HAS BEEN OPEN, UH, FOR ANYONE WHO'D LIKE TO SPEAK IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM.
AND AGAIN, FOR THE RECORD, THIS IS Z DASH 15 0 7 DASH 23, HEARING AND SEEING NONE.
AND BEFORE WE CLOSE THE PUBLIC HEARING, UH, COMMISSIONERS, DO WE NEED TO HAVE A CONVERSATION, UH, EITHER MS. BROOKS OR MR. AVOW? MR. RAVEN, IT APPEARS TO ME THAT YOU MAY BE LEANING TOWARD MS. BROOKS STANCE WITH THIS VERSUS SEEKING JUST A, A MOTION.
WHAT I'M DOING, I'M GIVING THE COMMISSION OR THE ENTIRE COMMISSION OPPORTUNITY TO, TO BE HEARD ON THIS MS. BROOKS.
AND IF I'M SPEAKING AND CORRECTLY CORRECT ME, MS. BROOKS IS LEANING TOWARD NOT SAYING SHE'S THERE YET, BUT SHE'S LEANING TOWARD, UH, MAKING A MOTION TO CONTINUE THIS MATTER TO ANOTHER DATE.
CERTAIN, I THINK YOU'RE BASICALLY OF THE OPINION THE APPLICANT HAD AN OPPORTUNITY TO BE HERE.
SO WE NEED TO CLOSE THE PUBLIC HEARING, MOVE FORWARD.
SO I THINK WE HAVE TWO DIFFERENT SCHOOLS OF THOUGHT, SO I'M NOW STOPPING THE PUBLIC HEARING BEFORE WE CLOSE IT SO WE CAN HAVE THAT CONVERSATION TO FIGURE OUT WHAT IS THE, WHAT IS THE PLEASURE OF THE ENTIRE BODY.
AND SO I'M GONNA GIVE YOU MR. AU YOUR OPPORTUNITY TO STATE YOUR POSITION.
YOU, MR. BROOKS, GIVE YOUR OPPORTUNITY TO STATE YOUR POSITION AND THEN WE'LL PUT IT TO A VOTE.
SO, MR. RAVENEL, SINCE YOU ALREADY HAVE FLOOR, WHAT IS YOUR POSITION? MY POSITION IS TO CLOSE THE PUBLIC HEARING.
MS. BROOKS, WHAT IS YOUR PO UH, POSITION? MY POSITION IS, I'M NOT CERTAIN THAT YOU KNOW APPLICANTS KNOW THEIR FULL THE PROCESS AND HE MAY NOT HAVE, HE OR SHE, WHOEVER THE APPLICANT IS, MAY NOT BE AWARE THAT THIS WAS AN ISSUE BECAUSE THERE'S AN EXISTING DRIVE THROUGH AND DID NOT UNDERSTAND THE URGENCY TO ATTEND TO STATE THE CASE.
SO I'M FEELING IN HOLIDAY SPIRIT AND I WOULD LIKE TO TABLE THIS ITEM AND GIVE THE APPLICANT AN OPPORTUNITY TO ADDRESS THE BODY.
AND I WOULD LIKE TO HEAR FROM THE FIRE DEPARTMENT ON THE SAFETY ELEMENT, UM, ASSOCIATED WITH THE FIRE LANE.
OKAY, SO MS. BROOKS, EITHER WE, THE WAY THE VOTE GOES, WE'LL HAVE A DEFENDANT ANSWER.
SO WOULD YOU LIKE TO GO AHEAD AND MAKE A MOTION? I WOULD.
I MOVE THAT WE TABLE OR CONTINUE OR OH CON, CONTINUE THE PUBLIC HEARING.
CONTINUE, CONTINUE THE PUBLIC HEARING.
MM-HMM,
TABLE THIS ITEM UNTIL DECEMBER THE 12TH, UH, TO GIVE THE APPLICANT AN OPPORTUNITY TO ADDRESS THE BODY AS WELL AS SEEK INFORMATION FROM THE FIRE DEPARTMENT REGARDING THE SAFETY OF ASSOCIATED WITH THE FIRE LANE.
COMMISSIONERS, YOU'VE HEARD THE MOTION BEING MADE TO CONTINUE, UH, THIS MATTER TO DECEMBER 12TH.
UH, SO TO GIVE THE APPLICANT ANOTHER OPPORTUNITY TO BE HERE AND ALSO TO HEAR, UH, FEEDBACK FROM THE FIRE DEPARTMENT.
IS THERE A SECOND? SECOND IS, THERE'S A SECOND FROM MR. BELL.
IS THERE ANY UNREADINESS? ALL THOSE IN FAVOR OF CONTINUING THIS PUBLIC HEARING TO A DATE CERTAIN DECEMBER 12TH, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.
OPPOSED? OPPOSED? OKAY, SO WE HAVE AGAIN, COMM COMMISSIONS, CORRECT ME, WE HAVE SIX IN FAVOR, ONE AGAINST.
AND SO THEREFORE THE MOTION PASSES.
WE WILL CONTINUE THIS MATTER, CASE NUMBER Z DASH 15 0 7 DASH 23 TO THE NEXT DATE CERTAIN, WHICH IS OUR NEXT MEETING ON DECEMBER 12TH, 2023.
UH, STAFF, UH, YOU WILL HAVE AN OPPORTUNITY OF COURSE TO SPEAK WITH THE FIRE MARSHAL ABOUT THEIR RECOMMENDATION, BUT ALSO, UH, PLEASE MAKE SURE, AND I KNOW MS. JORDAN WILLIAMS, YOU STRESSED IT BEFORE BUT STRESS IT TO THE APPLICANT AGAIN THAT I'M NOT SURE THAT THEY DON'T SHOW UP AGAIN.
IT IS GONNA BE CONTINUED AGAIN, SO THEY PROBABLY NEED TO BE HERE IF THEY WANT TO SUPPORT THIS.
ALRIGHT, I JUST, I JUST WANNA BE CLEAR ABOUT THAT.
THAT BEING SAID, WE'LL, WE'LL MOVE ON, UH,
[2. Conduct a public hearing and consider a Specific Use Permit (SUP) request for a restaurant with a drive-through on a property that is currently zoned General Retail (GR). The property is legally described as being Tract 54 in the Curtis Parks Survey, Abstract No. 1124 (800 S Hampton Rd). The applicant is Mike Barnett of Canyon Partners Realty and the property owner is HSB Investment II LP. (Case No. Z-1508-23). ]
TO PUBLIC HEARING, UH, G TWO, WHICH IS THE SECOND, UH, PUBLIC HEARING, AND THE FINAL, UH, ITEM ON THE, UH, FINAL ITEM ON THE AGENDA TONIGHT.[01:15:01]
A PUBLIC HEARING AND CONSIDER A SPECIFIC USE PERMIT, SUP REQUEST FOR A RESTAURANT, UH, WITH A DRIVE THROUGH ON A PROPERTY THAT IS CURRENTLY ZONED GENERAL RETAIL GR THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED 54 AND THE CURTIS PARK SURVEY ABSTRACT, UH, NUMBER 1 1 2 4 800 SOUTH HAMPTON ROAD.THE APPLICANT IS MIKE BARNETT OF CANYON PARTNERS REALTY AND THE PROPERTY OWNER IS HSB INVESTMENT TWO LP.
THIS IS CASE NUMBER DASH Z DASH 15 EIGHT DASH 23.
MS. RAZZI, MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING.
COMMISSIONER ZI WITH THE PLANNING DIVISION.
CASE NUMBER Z 15 0 8 23 IS A SPECIFIC USE PERMIT.
REQUEST FOR A RESTAURANT WITH A DRIVE THROUGH THE SITE IS 0.91 ACRES AND IS CURRENTLY OWNED GENERAL RETAIL.
THE PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF SOUTHAMPTON ROAD AND EAST PART OF YOUR ROAD.
IT IS ADDRESS IS 800 SOUTHAMPTON ROAD.
THIS IS THE AREA AND THE LOCATION MAP FOR THE SITE.
THE SUBJECT SITE IS CURRENTLY VACANT AND THE PROPERTY TO THE NORTH IS A CHURCH WITH THE SF 10 ZONING TO THE SOUTH IS A VACANT PROPERTY THAT IS ZONED GENERAL RETAIL AND TO THE EAST IS CHRONIC CARE FACILITY ZONED PLAN DEVELOPMENT.
38 TO THE WEST IS A STORAGE FACILITY, ZONED PLAN DEVELOPMENT ONE 20.
THE FUTURE END USE PLAN IDENTIFIES THE SITE IS SUITABLE FOR OFFICE AND RETAIL USES AND THE PROPOSED RESTAURANT IS CONSISTENT WITH THE FUTURE END USE PLAN OF THE 2015 COMPREHENSIVE PLAN.
AND THE MASTER THERAPY PLAN, UM, SHOWS THIS SUBJECT PROPER TO BE THE CORNER OF, UH, SOUTHAMPTON ROAD AND EAST PARKFIELD ROAD.
AND ACCESS TO THAT SITE WILL BE FROM BOTH SOUTHAMPTON ROAD AND EAST PARKFIELD ROAD.
THESE TWO ROADWAYS ARE FOUR LANE ARTERIAL ROADWAYS ON THE 2015 MASTER THERAPY PLAN.
IN TERMS OF CASE HISTORY, IN 2022 DECEMBER, THERE WAS AN APPLICATION FOR A PLANT DEVELOPMENT WITH GENERAL RITUALS.
THE BASE ZONING, UH, THIS APPLICATION HAD UH, FOUR LOTS, FOUR S LOTS AND, UM, THE TWO LOTS HAD, UM, ONE HAD A RESTAURANT, PROPOSED RESTAURANT AND THE OTHER ONE WAS A CAR WASH WITH TWO REMAINING LAWS THAT WERE GOING TO BE VACANT.
AND IN JANUARY, JANUARY, 2023, THE COMMISSION DENIED THE APPLICATION FOR THAT REQUEST.
AND THEN IN UM, FEBRUARY, THE CITY COUNCIL ALSO DENIED THE, THE REQUEST WHERE AFTER THE APPLICANT DID, UM, ACTUALLY IN MAY THE APPLICANT APPEALED IN FEBRUARY AND IN MAY THE CITY COUNCIL DENIED THE, UH, PD REQUEST FOR A CAR WASH AND A RESTAURANT WITH A DRIVE THROUGH.
IN TERMS OF THE ANALYSIS FOR THIS CURRENT, UH, REQUEST FOR A RESTAURANT WITH A DRIVE THROUGH SECTION 35.2 OF THE ZONING REGULATIONS STATES THE CONDITIONS OF THE ASPECTS THAT THE CITY COUNCIL AS WELL AS THE COMMISSION IS SUPPOSED TO, UH, CONSIDER WHEN CONSIDERING IN SPECIFIC USE PERMIT.
THESE ASPECTS INCLUDE THE HARMON HARMONY AND COMPATIBILITY OF USES, UH, WITH BOTH THE PROPOSED USE WITH EXISTING USES, WHETHER THE USES ARE NORMALLY ASSOCIATED WITH THE PERMITTED USES IN THE BASE ZONING DISTRICT AND WHETHER THE, UM, NATURE OF THE USE IS REASONABLE AS WELL AS MITIGATION OF NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES IN ADDITION TO ADDITIONAL, UH, CONDITIONS THAT WE ENSURE THAT THE INTENT OF THE DISTRICT IS UPHELD.
SO THE PROPOSED RESTAURANT IS ASSOCIATED WITH THE USES THAT ARE ALLOWED IN GENERAL RETAIL AND THE PROPOSED RESTAURANT WILL BE COMPATIBLE WITH THE FUTURE, UH, GENERAL RETAIL USES THAT WILL BE DEVELOPED ON THE IMMEDIATE SURROUNDING GENERAL RETAIL ZONE PROPERTIES.
THE PROPOSED RESTAURANT UPHOLDS THE INTENT OF THE ZONING DISTRICT AND THEREFORE THE SUM PROPOSED RESTAURANT MEETS THE SECTION 35.2 REQUIREMENTS THAT THE COMMISSION AND THE CITY COUNCIL SHOULD TAKE INTO CONSIDERING, INTO CONSIDERATION WHEN APPROVING SPECIFIC USE PERMITS.
ON SUNDAY, OCTOBER, 2020 9, 20 23, A PUBLIC NOTICE WAS PUBLISHED IN FOCUS DAILY NEWS AND STAFF MAILED 23 NOTIFICATION LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.
AND TODAY WE RECEIVED ONE EMAIL, UH, THAT WAS IN SUPPORT OF THIS
THIS IS THE PROPOSED SITE PLAN AND UH, THE PROPOSED RESTAURANT WILL BE RIGHT HERE, THE HARD CORNER,
[01:20:01]
AND THIS IS THE ONLY AREA THAT THEY ARE SEEKING, UH, SUP FOR, IT'S NOT APPLYING TO THE REST OF THE PROPERTY IS JUST FOR THE RESTAURANT THAT TO HAVE A DRIVE THROUGH.AND AS YOU CAN SEE THAT, UH, THE UM, ACCESS, ONE OF THE ACCESS, THE ACCESS FROM EAST PARKER VIEW IS OFFSITE.
THEREFORE, THAT, UM, OFFSITE, UH, ACCESS WILL BE, WILL BE PLOTTED TOGETHER WITH THE PLOTTING OF THIS LOT SO THAT THAT WAY THERE, THERE IS THAT, UM, ACCESS TO THE PROPERTY, TO THE SITE FROM FROM EAST PARK PARKER VIEW.
AND THEN, UH, THE ACCESS FROM HAMPTON IS WITHIN THE PROPERTY.
AND LIKE I SAID AGAIN, ALL THIS REMAINING PROPERTY WILL BE IS A ZONED GENERAL RETAIL.
AS SUCH, THIS BEING GENERAL RETAIL AS WELL.
THIS, UH, USE IS COMPATIBLE WITH WHATEVER WILL BE DEVELOPED HERE UNLESS THERE'S A REASONING.
THIS IS THE PROPOSED, UH, LANDSCAPE PLAN.
THIS IS THE NORTH AND THE SOUTH, UH, ELEVATION.
UM, PLAN, THIS IS THE EAST AND WEST ELEVATION.
UM, PLAN STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL OF THIS SPECIFIC USE REQUEST FOR A RESTAURANT WITH A DRIVE THROUGH IS SUBMITTED.
AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT THE COMMISSION MIGHT HAVE.
THE APPLICANTS ARE HERE TO ANSWER QUESTIONS THAT STAFF MAY NOT BE ABLE TO ANSWER.
THANK YOU VERY MUCH, COMMISSIONERS.
ARE THERE ANY QUESTIONS FOR STAFF ON THIS PARTICULAR CASE? MS. BROOKS, CAN WE GO BACK TO THE SLIDE THAT SHOWS YEAH, THIS ONE.
SO THE DRIVE, OKAY, THEY'RE ON TWO MAJOR STREETS, RIGHT? THERE'S NO, NO EGRESS OR INGRESS FROM AMBER LANE FROM, IT'S ON PARKVILLE AND HAMPTON ONLY.
YES, THAT'S WHAT I JUST WANTED TO CONFIRM.
IT DOESN'T, IT'S LIKE WE SAID CAN'T GO INTO THE NEIGHBORHOOD.
BECAUSE THIS IS VACANT, THIS AREA IS VACANT AND IT'S PART OF THIS WALL PROPERTY.
HOWEVER, THE SUP IS JUST FOR THIS HARD CORNER RIGHT HERE.
SO THE, UM, ACCESS HERE WHEN THEY PLANT, THEY HAVE TO PLANT THIS WALL PROPERTY SO THAT THEY CAN HAVE THIS ACCESS FOR THIS PROPERTY.
ANY OTHER QUESTIONS FOR STAFF MR. AVOW? YES.
COULD EITHER MR. RAZ OR MR. BREWER, COULD YOU EXPLAIN AGAIN THE ENTRANCE ON, UH, PARKVILLE? YOU SAID IT'S GONNA BE DEEDED OVER TO THE CITY OR IT BECOMES A PUBLIC TERMINOLOGY WON'T BE DEEDED OVER TO THE CITY.
TERMINOLOGY IS WHEN THE PROPERTY IS PLATTED, WHICH WILL BE THE ENTIRE FOUR ACRES.
STAFF WILL REQUIRE THEM TO HAVE TO SHOW BOTH THIS DRIVE HERE AS THE PUBLIC ACCESS AS WELL AS THIS DRIVE HERE.
'CAUSE YOU CAN SEE THAT PROPERTY LINE IS, IS HERE AND IT LOOKS LIKE THIS ENTRANCE AND EXIT OFF OF HAMPTON MAY BE SLIGHTLY OUT OF THIS TO BE PLATTED LOT.
AND AGAIN, THIS IS THE CONCEPT SITE PLAN, BUT WE WILL ENSURE THAT SHOULD THIS GO THROUGH, GET APPROVED BY CITY COUNCIL, THAT WHEN IT COMES BACK TO THE PLATTING, WHICH HAS TO COME BACK TO YOU, THAT YOU WILL SEE IT AS A PUBLIC, UH, EASEMENT.
PUBLIC ACCESS EASEMENT, WHICH IS OWNED BY THE PROPERTY OWNERS, NOT THE CITY.
CITY HAS NO OWNERSHIP WITHIN THIS PROPERTY.
THEY'LL HAVE TO APPLY FOR PERMITS THROUGH US FOR THE DRIVEWAY ACCESS, BUT THAT'S ONLY FROM THE PUBLIC ROAD UP TO THE PROPERTY LINE ON BOTH LOCATIONS.
WHAT I SPOKE ABOUT DURING YOUR WORKSHOP IS JUST THE REALITY OF THE SITE PLAN.
THEY SHOWED IN HATCH MARKS A CONTINUATION OF THE PUBLIC DRIVE UP TO THEIR NORTHERN PROPERTY LINE.
THEY'RE FOLLOWING THE CONCEPT THAT THEY DID WHEN THEY CAME TO YOU BEFORE ANTICIPATING REQUESTING THE CITY'S ENGINEERING DEPARTMENT TO HAVE AN OPEN MEDIAN THERE.
THEY WERE GONNA PROPOSE SOME IMPROVEMENTS COMING DOWN HAMPTON, BUT AGAIN, THAT HAS NOTHING TO DO WITH THIS CASE WHATSOEVER.
THEY'RE JUST DOING SOME PLANNING AND SHOWING IT UPFRONT.
MR. BREW, I'M DOING A WORK SESSION.
[01:25:01]
WENDY'S AND ALSO I'VE SEEN SOME PAPERWORK.IS THAT THE TYPE OF RESTAURANT THAT IS BEING PROPOSED AND SO WE'VE BEEN INFORMED THE APPLICANT IS HERE.
YOU CAN ASK THAT SPECIFIC QUESTION OF THEM.
ANY OTHER QUESTIONS OF STAFF? OKAY, HEARING IS SEEING NONE.
THE TIME IS NOW 7:41 PM WE WILL TAKE THE OPPORTUNITY TO OPEN THE PUBLIC HEARING ON THIS PARTICULAR CASE NUMBER, UH, CASE NUMBER Z DASH 15 0 8 DASH 23.
UH, YOU WILL HAVE, FOR THOSE WHO HAVE SUBMITTED COMMON CARDS, IF YOU'RE NOT THE APPLICANT, YOU'LL HAVE AT LEAST THREE MINUTES, UH, TO SPEAK IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR, UH, AGENDA ITEM WITH THE ACTUAL APPLICANT.
SO WITH THAT BEING SAID, I'M GOING TO CALL UP THE APPLICANT, UH, MR. MIKE BARNETT.
UH, AND SIR, YOU DON'T HAVE TO SPEAK, BUT I ASSUME, I'M ASSUMING YOU WANT TO SPEAK AND IF YOU'LL JUST GIVE US YOUR NAME AND YOUR CITY OF RESIDENCE.
MIKE BARNETT CANYON PARTNERS IS A COMPANY LIVE IN FRISCO.
UH, THE WENDY'S PEOPLE ARE HERE.
THEY CAN TELL YOU ALL ABOUT THEIR OPERATION.
I'M THE LANDOWNER AND I'M HERE TO ANSWER ANY QUESTIONS THAT MAY COME UP.
ALRIGHT, COMMISSIONERS WITH MR. UH, BARNETT AT THE PODIUM.
ARE THERE ANY QUESTIONS FOR MR. BARNETT AT THIS TIME? WELL, I HEARD MR. BARNETT SAY THE WENDY'S PEOPLE ARE HERE.
THEY ARE
UH, NEXT I'LL CALL AND WE'LL JUST DO IT IN ALPHABETICAL ORDER.
UH, MR. BIVINS, IF YOU WANNA COME FORWARD, IF YOU'LL JUST STATE YOUR NAME AND CITY OF RESIDENCE.
I AM HERE TODAY TO, UH, MAKE MY POSITION AS FOR THIS NEW DEVELOPMENT, NEW SITE PLAN AS WELL AS WENDY'S.
UH, BECAUSE, UM, IT'S A LITTLE LATE NOW, BUT I'M ON MY WAY TO GO GET A FOUR FOR FOUR RIGHT NOW.
I I I'M SURE WENDY'S APPRECIATES THE PLUG
AND MR. BIVINS, JUST FOR THE RECORD, YOU ARE IN FACT IN FAVOR FULL? YES.
ALRIGHT, THANK YOU MR. BIVINS.
AND THE LAST COMMENT I CALL I HAVE IS FROM MR. JIM MALL OR MR. MO, AND I APOLOGIZE IF I'M MISPRONOUNCING YOUR NAME.
AS IN SHOPPING AS MY WIFE REMINDS ME OFTEN.
ALRIGHT, IF YOU'LL STATE YOUR NAME AND CITY OF RESIDENCE, SIR.
I LIVE IN ARGYLE, TEXAS AND I REPRESENT THE WENDY'S WORKING VERY CLOSELY WITH MIKE BARNETT AND HIS TEAM ON THE PROJECT.
UM, WE'VE ALSO MET WITH THE HOA FOLKS BACK AND, AND AND COUNCIL MEMBER.
BACK IN AUGUST WE HAD A MEETING, UM, WITH ABOUT A DOZEN FOLKS, INCLUDING THE COUNCIL MEMBER, INCLUDING THE CITY MANAGER AND THE CITY DEVELOPMENT DIRECTOR, AND WALKED AWAY FROM THAT MEETING WITH A LOT OF SUPPORT FOR THE PROJECT.
THEY WERE, AS WE ROLLED OUT WHAT WE WERE TRYING TO ACCOMPLISH, WHAT THE BUILDING WOULD LOOK LIKE ON THAT CORNER.
THEY WERE VERY MUCH IN SUPPORT OF, OF THE WENDY IF THEY WERE NOT IN SUPPORT TO THE CAR WASH, WHICH IS WHAT HAPPENED BACK IN DECEMBER.
THE CAR WASH WAS NOT A POPULAR OPTION FOR US.
AND, UM, TO THIS DRIVEWAY COM, UM, CONFIGURATION THAT YOU SEE UP HERE, THIS WAS ACTUALLY A RECOMMENDATION BY THE CITY MANAGER AND THE CITY DEVELOPMENT DIRECTOR FOR, UH, FIRE LANE ACCESS, THE ACCESS ALL THE WAY THROUGH THE PROPERTY.
UM, THAT WHERE THE DRIVEWAY IS ON HAMPTON JUST TO THE NORTH, THEY SUGGESTED MOVING IT OFF THE PROPERTY TO ALLOW A GREATER ACCESS TO THE PROPERTY IN GENERAL, WHICH LIMITS THE NUMBER OF DRIVEWAYS THAT ARE OFF OF, OFF OF HAMPTON.
SO WE'VE WORKED VERY CLOSELY WITH THE CITY FOLKS WITH, WITH, WITH, UM, UH, WITH BESTER AND WITH CHARLES TO TRY TO COME UP WITH A PLAN THAT WE THINK WILL BEST BENEFIT THE AREA.
AND IF WE CAN GO TO THE NEXT COUPLE NEXT SLIDES SHOW IN THE BUILDING.
UH, WE DID ENHANCE THE LANDSCAPE AT THE REQUEST OF THE HOA.
UM, BUT THIS WAS OUR, OUR BRAND NEW BUILDING.
THERE'S ONLY FIVE OF THESE IN THE COUNTRY.
WE JUST BUILT ONE IN BELT IN TEXAS.
IT'S WHAT WE CALL THE NEXT GENERATION BUILDING.
UM, ENERGY EFFICIENT, THE WAY IT USES, UM, THE PEOPLE INSIDE THE RESTAURANT, THE MATERIALS THAT WE USE, THE WAY IT LOOKS, THE WAY IT OPERATES.
UM, THIS IS OUR, OUR VERY NEWEST BUILDING AND THIS IS WHAT WE WOULD BE BUILDING ON ON THAT SITE.
AND FOR THE RECORD, YOU ARE IN FAVOR OF THE AGENDA ITEM.
ANY QUESTIONS FOR MR. MALL? COMMISSIONERS? ALRIGHT, I'M HAPPY TO ANSWER ANY.
ALRIGHT, I THINK YOU'VE DONE A, A GREAT JOB.
NO ONE HAS ANY ADDITIONAL QUESTIONS.
ALRIGHT, IS THERE ANYONE ELSE IN THE AUDIENCE TONIGHT WHO'D LIKE TO BE HEARD ON THIS PARTICULAR AGENDA ITEM? EITHER BE IN FAVOR OR AGAINST, UH, THIS PARTICULAR AGENDA ITEM.
[01:30:01]
TIME.IS THERE ANYBODY IN ATTENDANCE WHO HAS NOT BEEN HEARD WHO WOULD LIKE TO SPEAK EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA? ITEM HEARING IS SEEING NONE.
I'LL TAKE THE OPPORTUNITY AT 7 45 TO CLOSE THE PUBLIC HEARING.
UH, COMMISSIONERS ANY FURTHER DISCUSSION? AND IF NOT, IS THERE A MOTION MR. NER? YES, I'D LIKE TO MOVE THAT WE APPROVE CASE NUMBER Z 1 5 0 8 2 3 FOR THE REQUEST FOR AN SUP FOR RESTAURANT WITH DRIVE THROUGH S SUBMITTED BY STAFF.
OKAY, I THINK MR. BERRY HAS LIGHT ON, SO I'M GONNA GIVE MR. BERRY A SECOND.
SO HAS IT BEEN MOVED, UH, BY MR. RAVEN? HAS BEEN SECONDED BY MR. BERRY.
IS THERE ANY UNREADINESS, UH, HEARING AND SAYING NONE ALL IN FAVOR OF APPROVAL? PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.
ALL THOSE OPPOSED DO THE SAME AS SAY NAY? UH, MOTION CARRIES UNANIMOUSLY.
UH, STAFF, IS THERE ANY OTHER MATTER THAT WE NEED TO TAKE UP NOW? HAVEN'T HEARD OUR LAST AGENDA ITEM.
ANY OTHER MATTER WE NEED TO TAKE UP BEFORE WE ADJOURN? NO SIR.
SO WHAT I WILL JUST REMIND US ALL AGAIN, JUST REMEMBER THIS COMING MONDAY, UH, COMMISSIONERS, UH, NOVEMBER 20TH, 2023, HERE IN THE CHAMBER, UH, 6:00 PM WE HAVE A JOINT MEETING WITH CITY COUNCIL.
SO AGAIN, PLEASE MARK YOUR CALENDAR JOINT MEETING WITH CITY COUNCIL THIS COMING MONDAY, NOVEMBER 20TH AT 6:00 PM UH, WITH THAT BEING SAID, IS THERE A MOTION TO ADJOURN THE MEETING AT 7:47 PM IT IS BEEN MOVED BY MS. CAESAR.