Mar 14, 2023 Planning and Zoning Commission

[1. CALL TO ORDER]

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ON THE CITY'S WEBSITE AROUND 3:30.

IF YOU LISTENING TO ME NOW YOU ARE LATE.

ALL FOR THE PLANNING AND ZONING COMMISSION PRIOR TO THE START OF THE MEETING. FOR IN PERSON COMMENTS INSTRUCTIONS ARE AVAILABLE INSIDE THE DOOR OF THE CITY COUNCIL CHAMBERS. THE FIRST ITEM ON THE AGENDA IS CITIZENS INPUT. WOULD ANYBODY LIKE TO TALK TO US? MS. NEXT DO YOU HAVE ANY? NOT SEEING ANY WE WILL GO AHEAD AND CLOSE.

IF YOU WANT TO SPEAK ON ONE OF THE ITEMS ON THE AGENDA YOU CAN WAIT UNTIL THAT ITEM IS CALLED A.

THIS IS YOUR GENERAL. OKAY, THANK YOU.

[4. CONSENT AGENDA]

NEXT ITEM IS THE CONSENT AGENDA. WE WILL CONSIDER ACTION TO THE FEBRUARY 28TH 2, 2023, MEETING. EVERYBODY HAS BEEN PROVIDED A COPY ELECTRONICALLY AND REVIEWED.

DO WE HAVE ANY COMMENTS? >> I WOULD RECOMMEND APPROVAL OF

THE FEBRUARY 28TH MINUTES. >> WE APPROVE THE MINUTES OF FIGURE 23 HAVE A SECOND? MR. FISBY. SECONDS MOTION ON THE FLOOR TO APPROVE THE MINUTES. PLEASE VOTE.

AND THAT PASSES WITH FIVE YESES AND TWO ABSTENTIONS.

[5A. Conduct a public hearing and make a recommendation to City Council on a request for: A Special Use Permit to allow a Vapor Store for the sale of hemp-derived therapeutic products containing CBD; Amending the Comprehensive Plan; Amending the official Zoning Map of the City on property zoned C-2, General Commercial/Retail and located at 3701 Lakeview Parkway, Suite #102 in the City of Rowlett, Dallas County, Texas.]

TO MAKE A RECOMMENDATION TO THE CITY COUNCIL REQUEST FOR A SPECIAL USE PERMIT TO ALLOW A LIQUOR STORE FOR THE SALE OF THERAPEUTIC PROJECTS CONTAINING CBD.

AMENDING THE COMPREHENSIVE PLAN AMENDING THE OFFICIAL ZONING MAP OF THE CITY ON PROPERTIES OWNED SEE-TO GENERAL COMMISSION RETAIL LOOKING AT 3701 LAKEVIEW PARKWAY SUITE 102 AND THE CITY OF

ROWLETT COUNTY, TEXAS. >> EVENING MEMBERS OF THE PUBLIC THANK YOU FOR READING THAT INTO THE RECORD.

AGAIN BACKGROUND ON THIS ITEM IS THIS IS A SPECIAL USE PERMIT AN SEP THAT WOULD ALLOW FOR THE SALE OF HEMP DERIVED PRODUCTS.

BACK ON AUGUST 16TH OF LAST YEAR ORDINANCE NUMBER 27027 - 22 WAS APPROVED BY THE CITY COUNCIL. THAT IMPOSED A REQUIREMENT FOR THE APPROVAL OF THE SPECIAL USE PERMIT FOR NEW BUSINESSES SELLING ELECTRONIC CIGARETTES, AND CBD RELATED PRO PRODUCTS TH IDEA IS PER THE ORDINANCE AS STATED IS TO ENSURE ANY ADDITIONAL BUSINESSES WHICH WOULD BE SELLING THOSE PRODUCTS.

THAT ARE REVIEWED BY THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL THROUGH THE SEP PROCESS SO THEY ARE SITUATED IN LOCATIONS BEST SUITED FOR SCH BUSINESSES.

AND ALLOWING FOR REASONABLE CONDITIONS TO BE IMPOSED TO MINIMIZE ANY ADVERSE EFFECTS IS BUSINESSES MIGHT HAVE. ALSO NOTE THIS IS THE FIRST REQUEST FOR AN SEP SINCE THIS ORDINANCE WAS ADOPTED. HERE IN THE BACKGROUND ON THE RIGHT-HAND SIDE WE HAVE A MAP SHOWING THE CURRENT STORES THAT ARE ENGAGED IN THE SALE OF THOSE TYPE OF PROJECTS.

THERE ARE CURRENTLY 11 OF THE STORES THAT OPERATE IN ROWLETT.

THIS MAP IS CENTERED UPON THE SUBJECT LOCATION WHICH IS APPROXIMATELY 925 FEET EAST OF THE INTERSECTION OF ROWLETT ROAD. AND ON THE NORTH SIDE.

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THIS PROPERTY IS LOCATED IN THE C-TO GENERAL RETAIL COMMERCIAL DISTRICT WHICH FOR THE DEVELOPMENT CODE IS INTENDED FOR RETAIL SALES TYPE USES. WITH A SMALLER PERCENTAGE OF THOSE USES THAT WOULD BE OTHER WERE SPECIALTY RETAIL USES AND OFFICE USES. AGAIN, THIS TYPE OF ZONING DISTRICT WOULD BE PRIMARILY SEEN AROUND AREAS OF HIGH TRAFFIC VOLUME AND THOROUGHFARES SUCH AS LAKEVIEW BUT THE SITE IS DEVELOPED WITH THE SHOPPING CENTER AND IT HAS A PROXIMALLY 17,000 FT. OF LEASABLE SPACE. IT HAS 97 PARKING SPACES. PER OUR CODE THIS SITE - I AM SORRY. THIS PARTICULAR USE FALLS WITHIN THE GENERAL RETAIL CATEGORY. PER THE CODE THAT REQUIRES ONE PARKING SPACE ONE OF SAID FIRST 300 FEET OF STORE AREA. THE SUITE THEY ARE CONSIDERING DOES HAVE 1170 FT. THEREFORE FOUR PARKING SPACES ARE REQUIRED AND WOULD BE PROVIDED.

BUT ALSO NOTE THE OTHER TENANTS IN THIS SHOPPING CENTER CURRENTLY ARE TWO RESTAURANTS AND ADELE SALON.

THE BUSINESS CONCEPT THAT THE APPLICANT HAS SAID THEY WILL BE SEEKING TO OPERATE HERE. THIS BUSINESS WOULD PROVIDE CANNABIS THERAPY WITH A FOCUS ON SERVING VETERANS AND THEIR FAMILIES. THE PRODUCTS THAT WOULD BE OFFERED FOR SALE WOULD INCLUDE HEMP DERIVED CANNABIS SUCH AS OILS, CAPSULES, TROPICALS, PRINCIPLES AND CBD ITEMS FOR PETS. WOULD ALSO NOTE WALL SIGNAGE.

THAT IS THE SIGNAGE THAT IS ATTACHED TO A BUILDING IS LIMITED TO 60 FT. PER SECTION 77512 OF THE DEVELOPMENT CODE.

AND WINDOW SIGNAGE IS LIMITED 40 PERCENT OF THE WINDOW AREA.

I HAVE ALSO STATED THEY WOULD PROPOSE THE HOURS OF OPERATION TO BE MONDAY THROUGH SATURDAY FROM 11 A.M TO 8:00 P.M. AND THEN SUNDAYS FROM 11 A.M TO 7:00 P.M.

WITH THIS SUB IT IS A PUBLIC HEARING NOTIFIED TYPE OF REQUEST. THEREFORE WE DID SEND OUT NOTICES AS REQUIRED PER OUR CODE AND STATE LAW.

WITHIN THE 200 FOOT NOTIFICATION AREA THERE WERE 11 NOTICES SENT OUT. IN THE 500 FOOT NOTICE AREA OR THE COURTESY NOTICE AREA THERE WERE 25 NOTICES SENT OUT.

WE RECEIVED THE RESPONSES BACK FROM THOSE NOTICES.

THE STAFF RECOMMENDATION IS APPROVAL OF THE SPECIAL USE PERMIT TO ALLOW FOR THE VAPOR STORE, WHICH IS THE NAME AND THE. TO ALLOW FOR VAPOR STORE THE FOR HEMP DERIVED ITEMS INCLUDING CBD AND THE COMPREHENSIVE PLAN AND THE ZONING MAP. THE CITY WITH THE FOLLOWING CONDITION. THE FIRST BEING WALL SIGNAGE BE LIMITED 60 FT. . THAT NO FREESTANDING SIGNAGE WILL BE PERMITTED WITH THIS AND THE HOURS OF OPERATION FOR THIS BUSINESS WOULD BE LIMITED TO MONDAY THROUGH SATURDAY 11 A.M TO EIGH8:00 P.M. AND SUNDAY FRO A.M TO 7:00 P.M.

AND WITH THAT I WILL ADDRESS ANY QUESTIONS YOU MAY HAVE. THE APPLICANT IS ALSO HERE THIS EVENING AND THEY HAVE A PREPARED

PRESENTATION. >> ALEX, THIS IS OBVIOUSLY THE FIRST TIME WE HAVE SEEN THIS. CAN YOU GO BACK TO THE WIFE WE HAVE THIS? WHY THIS IS HERE AND WHY WE ARE REQUESTING A SPECIAL

USE PERMIT FOR THIS? >> SUSAN NIX, EX. ASST.: I WILL DEFER THIS TO MS MOLONOFF.A: I MOLOL: I WILL DEFER THIS TO MS MOLOE: I WILL DEFER THIS TO MS MOLOX: I WILL DEFER THIS TO MS MOLONOFF. .

>> I DO NOT RECALL THE EXACT DATE BY THE CITY COUNCIL DID PLACE A WORK SESSION ITEM ON THE AGENDA WANTING TO EVALUATE AND FURTHER DEFINE, OR REDEFINED VAPE OR CBD STORE TO MAKE SURE THERE WAS NOT AN OVER PROLIFERATION.

AND MAKE SURE JASON SEE SUCH AS RESIDENTIAL DISTRICTS WERE ADDRESSED ADEQUATELY. AS A RESULT THIS ORDINANCE WAS CREATED AS INSERTED IN THE CODE OF ORDINANCES REQUIRING THIS

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SUB. >> TO SUMMARIZE I THINK THE ATTEMPT WAS TO MAKE SURE THESE WERE PLACED IN AN INAPPROPRIATE AREA AND WE ARE HERE TO LOOK AT THAT?

>> THE PURPOSE OF THE SEP THERE IS NO NEGATIVE IMPACT OF A USE THAT REQUIRES SUB IF CERTAIN ADJACENCIES THAT WARRANTED.

>> THANK YOU. >> MR. SIEEGARS.

. >> CAN YOU GO BACK TO THE MAP.

>> QUINN SEGARS: WE HAVE GOT TO SEE WHAT IS AROUND IT.

>> SIX OTHER STORES. >> YES MR. ENGEN. .

>> MARK ENGEN: IS THERE SPECIAL SECURITY?

>> NOT TO MY KNOWLEDGE THAT IS A QUESTION FOR THE APPLICANT.

>> I GUESS MY ONLY QUESTION WOULD BE AS THE ORDINANCE STATES PROLIFERATION OF THE STORES. WHAT DEFINES PROLIFERATION? I MEAN WE ALREADY HAVE AS YOU SAY SIX WITHIN A TWO MILE RADIUS.

QUICK THAT IS THE PURPOSE OF THE SEP TO PROVIDE A RECOMMENDATION TO THE CITY COUNCIL. BUT THE LIBERATION. IT IS BASICALLY TO MAKE SURE THE USES AND THEIR ADJACENCIES ARE NOT TOO MANY. PROLIFERATION.

IT IS SOMEWHAT SUBJECTIVE. >> THANK YOU.

IS THE APPLICANT HERE? AND WOULD LIKE TO PRESNT ANYTHING?

>> APPLICANT: GOOD EVENING EVERYBODY MY NAME IS ASAD, AZAR BRAND. Z IS OUR FOUR YEA-YEAR ZANE, R IS MY WIFE, MY ONE-YEAR-OLD WAS NOT BORN AT THAT TIME.

I AM A U.S. ARMY VETERAN. I SERVED AS A COMBAT MEDIC IN THE ARMY AND WAS DIAGNOSED WITH CHRONIC INSOMNIA. EXCUSE ME.

SUFFERED FOR A GOOD 12 YEARS. I WAS PLACED ON ALL TYPES OF MEDICATIONS. I AM SORRY THIS IS MY FIRST TIME REALLY PRESENTING HERE. AND NOTHING WAS HELPING UNTIL I CAME ACROSS A HEMP DERIVED CANNABIS PRODUCT AROUND 2019. GETTING IN A RESIDENCE AND VIRTUALLY WILL NOT SLEEPING IT AFFECTS ALL AREAS OF YOUR LIFE.

COULD NOT KEEP A JOB. JUST HAD A LITTLE BABY. JUST THINKING SOMETHING HAS GOT TO GIVE. IF THIS WAS THE ONLY HELP THAT I HAD AT THE TIME. SO MY WIFE SHE SUFFERS FROM RHEUMATOID ARTHRITIS. SHE WAS DIAGNOSED AT A YOUNG AGE. AND OBVIOUSLY PLACED ON ALL TYPES OF PILLS AND ANTHROPOLOGICAL SPIRIT SHE WAS MORE SKEPTICAL THAN I WAS TO GET ON HEMP THERAPY. AFTER SOME CONVINCING SHE GOT ON IT. NOW SHE IS IN REMISSION. SO AZAR WAS BORN OUT OF PURE MEDICAL NECESSITY. SO IT HELPED US SO MUCH WE WANTED TO BRING IT OUT TO MORE FOLKS. YOU KNOW, WE WERE DEALING WITH THE SAME ISSUES AS US PAIN, SLEEP, ANXIETY, DEPRESSION, PTSD, YOU NAME IT. SO WE DECIDED TO CREATE A BRAND AND BRING HIGH-QUALITY HEMP PRODUCTS TO OUR COMMUNITIES ACROSS THE STATE. NOW WE ARE AT 25 LOCATIONS. WE HAVE 25 LOCATIONS BETWEEN HOUSTON, SAN ANTONIO AND DALLAS/FORT WORTH.

PROVIDING NATURAL CANNABIS THERAPY FOR FOLKS WHO HAVE BEEN

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SO HERE WE ARE THREE YEARS LATER AT 25 LOCATIONS. WE JUST SURPASSED. WE PROVIDE 22 PERCENT TRAN DISCOUNT AND THEIR SPOUSE.

DAILY DISCOUNT, RIGHT, NO ONE ELSE DOES THAT IN THE MARKET RIGHT NOW. AND WE JUST SURPASSED 1.5 MILLION IN VETERAN DISCOUNTS DURING A PANDEMIC AND ECONOMIC DOWNTURN. SO WE ARE GRATEFUL TO BE IN THIS POSITION. SO I GUESS WORKING NOW, OKAY. SO, I GUESS I WILL GO THROUGH MY SLIDES HERE. THIS IS OUR NEWEST LOCATION WE (BY THE WAY, ONCE WE HAD A VISION TO BRING THIS THERAPY TO MORE FOLKS WE FOUND SOME PARTNERS WHO REALLY BELIEVED IN OUR VISION AND MISSION TO BRING NATURAL THERAPY TO OUR COMMUNITIES. AND THEY INVESTED WITH US. THAT GAVE US THE ABILITY TO GET ON THE ROAD AND START BUILDING PHYSICAL STORES.

HIRING AND TRAINING FOLKS GETTING FOLKS JOBS DURING A PANDEMIC AND AN ECONOMIC DOWNTURN. CURRENTLY WE HAVE ABOUT 70 EMPLOYEES ACROSS THE STATE THAT WE GIVE FULL-TIME JOBS TO AND BENEFITS AS WELL. SO, HERE IS OUR LITTLE SPIEL HERE. PERSONALIZED ATTENTION. AZAR. IS WHERE PEOPLE COME FIRST AND THE BEST INTEREST IS TAKE EACH OF OUR CUSTOMERS WELLNESS JOURNEYS IN ADDITION TO PROVIDING CANNABIS THERAPY AND DEVICE BID WE CONNECT PEOPLE TO THE RELIEF THEY DESERVE. AND HERE ARE SOME PHOTOS HERE. WE ARE INSPIRED TO GIVE CANNABIS THERAPY TO OUR COMMUNITY BASED ON OUR PERSONAL EXPERIENCE. THE FOUNDERS ZAR OF HAVE EACH GONE THROUGH ADVERSE ELEMENTS THAT LET THEM IN CONSTANT RELIEF. AGAIN, I COVERED THIS STUFF. AS I SAID A PURE MEDICAL NECESSITY THIS IS NOT SOMETHING THAT WE WANTED TO GET INTO BY CHOICE. BUT WE DO IT AS YOU CAN PROBABLY SEE IN THE COMMUNITIES. THAT EVERYBODY AND MOM AND POPS ARE SELLING HEMP DERIVED PRODUCTS AND VAPES FLUSH AND WHAT WE DO NOT DO WE DO NOT SELL E CIGARETTES WE DO NOT SELF NEGATING OR TOBACCO PRODUCTS. WE ONLY SELL HEMP DERIVED

THERAPEUTIC PRODUCTS. >> WHAT ARE THE REALITIES?

>> THERE ARE SEVERAL MODALITIES BASED ON A PERSON'S PREFERENCE.

AND WE FOCUS ON EDUCATION. REALLY WE SPENT ABOUT 16 MINUTES, 30 MINUTES, AN HOUR WITH ONE CLIENT TO TRY AND MAKE SURE THEY UNDERSTAND HOW THE ENDOCRINE SYSTEM WORKS. HOW TO FEED IT BEST AND ACHIEVE RESULTS BASED ON THE ELEMENTS AND THE SEVERITY OF THOSE ELEMENTS. WHETHER SLEEP, PAIN, ANXIETY, DEPRESSION WHATEVER IT MAY BE. SUBLIMINAL OIL THAT IS OUR STRONGEST PRODUCT BUT THAT WILL GIVE YOU THE MOST RELIEF. IT IS FAT-SOLUBLE SO IT CLINGS TO FAT CELLS AND STAYS IN YOUR BODY LONGER THAN AN EDIBLE OR SMOKABLE. BUT, OF COURSE, THEY CAN UTILIZE THAT STUFF TOO. BUT THAT IS MORE TOPICAL WHEREAS CAPITALS ARE MORE SUPPLEMENT TO YOUR OIL ON A DAILY BASIS. AND THIS IS THE THERAPY WE TEACH FOLKS. AND OUR TESTIMONIALS SPEAK FOR THEMSELVES. WHEN FOLKS GO TO GOOGLE PAGES AND LEAVE PREVIOUS BID WE HAVE PROBABLY OVER 10,000 REVIEWS BY OUR CLIENTS VETERAN AND NON-VETERAN ALIKE. ABOUT HOW WE HAVE BEEN ABLE TO IMPACT THEIR DAILY QUALITY OF LIFE. AND FOLKS HAVE BEEN ABLE TO LIFT THEIR BEST LIFE WITH NATURAL CANNATHERAPY.

THAT IS US. ZAR. AS A DOUBLE MEANING IT ALSO MEANS GOAL

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IT IS A VERY CLEAN, INVITING, MODERN STORE. AND NOBODY ELSE IS LIKE US OUT THERE. NO ONE ELSE FOCUSES ON EDUCATING THEIR CLIENT AND TAILORING THE PRODUCTS TO THE ELEMENT OF THE CLIENT. IN PROVIDING AND INVITING INTERIOR TO COME INTO AND REALLY BENEFIT FROM CANNATHERAPY THIS IS OUR LATEST LOCATION WE OPENED IN RELIANCE. 22 PERCENT THERE AS WELL. THIS IS SOME OF OUR TESTIMONIALS, THIS ONE IS FROM A VETERAN. HE SAID THEY AFTER TEN + YEARS OF MILITARY SERVICE I'VE GROWN ACCUSTOMED TO INSOMNIA WEEKLY MIGRAINES AS WELL AS CHRONIC BACK AND LEG PAIN. AFTER FIGHTING WITH THE VA ALMOST A YEAR I'VE HAPPENED INTOA A ZAR LOCATION TO SEE WHAT THEY OFFERED. AFTER LISTENING TO THEIR OWN I STARTED MY OWN CANNABIS REGIMENT AND MY HEADACHES ARE DOWN TO ONCE A MONTH. I'M ALSO SLEEPING MUCH BETTER. AND I AM ABLE TO STAND FOR MORE THAN 30 MINUTES WITHOUT MY BACK OR FEET KILLING ME.

THERE IS SUPPORT FOR THE VETERAN COMMITTEE AND MISSION 22 IS COMMENDABLE PARTICULARLY BECAUSE IT IS AN ISSUE THAT HAS AFFECTED ME PERSONALLY AS WELL. I WANT TO TOUCH A LITTLE ON MISSION 22. I AM NOT SURE IF YOU ARE AWARE BUT - IT IS IN THE PACKAGE.

>> IT IS ACTUALLY IN THE PACKAGE THAT WAS PRESENTED TO US.

>> ON VIRTUALLY 22 VETS TAKE THEIR LIVES EACH DAY.

>> (INAUDIBLE). >> CAN YOU STATE YOUR NAME FOR

THE RECORD? >> (INAUDIBLE) IT IS EMOTIONAL TO SEE YOUR LOVED ONE GO THROUGH THAT. SIX GOOD FRIENDS IN THE ARMY. AND MY BACKGROUND ALL OF YOU KNOW COMBAT MEDIC FOR 20 YEARS WITH JOHNSON AND JOHNSON ASTRAZENECA WORKING WITH RESEARCH AND DEVELOPMENT, CARDIOLOGY, SPECIALIZING IN GASTROENTEROLOGY MY LAST FIVE YEARS. AND IT IS MORE THAN US, IT IS BEYOND US. IT IS ABSOLUTELY AND MISSION OF OURS TO IMPACT INDIVIDUALS AND LET INDIVIDUALS KNOW THEY CAN IMPACT ONE ANOTHER IN OUR COMMUNITIES. I AM BORED AND BREAD TEXAS WENT TO SCHOOL LEGALLY AT RYAN HEIGHT AND SMU AND MET THIS MAN AT FORT HOOD. TO SEE THE TRANSITION SOMEONE HAS TO GO THROUGH. I WAS ACCUSTOMED TO IT. FOR WHAT WE HAVE DONE IS JUST AMAZING TO SEE. BUT ONE OF THE THINGS WE HAVE TO DO JUST LIKE TONIGHT. TO BREAK THE STIGMA TO IMPACT INDIVIDUALS THAT IT IS NOT A SMOKE SHOP IT IS NOT VAPE A IT IS NOT NICOTINE AND VAPING.

THERE INDIVIDUALS WHO COME IN AND THINK IT IS THAT BUT THEY ARE AMAZED. FROM THE MOMENT THEY WALK IN WHEN NO WORD IS SPOKEN.

BUT EVERYONE WHO WALKS INTO MALLARD IS ALWAYS A WELCOME TO MALLARD. FOR PEOPLE COME FIRST AND THAT THEY GET THE KNOWLEDGE AND UNDERSTAND THE BASICS OF WHAT CANNA THERAPY IS SEVERAL

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TO IMPACT THE THOUSANDS AND THOUSANDS. YOU CAN SEE IT IN THE PACKET THE TESTIMONIALS THAT INDIVIDUALS. THIS IS FROM THEIR FREE WILL TO PROVIDE WHAT THEY ARE PROVIDING. AND WE JUST SURPASSED THE 1.5 MILLION MARK ON VETERAN DISCOUNTS. FROM MY UNDERSTANDING ONE OF THE REASON AFTER BEAUTIFUL QUESTION OF WHY WE WERE HERE TODAY AT THE BEGINNING. IT IS MY UNDERSTANDING THE SEP IS THAT THE VAPE STORES AROUND THERE WAS THE INFLUX OF INDIVIDUALS BEING BUYING E CIGARETTES THAT WERE UNDER AGE AND MINORS. AT OUR STOREFRONTS WE ARE HEMP CERTIFIED, HEMP LICENSED BY DISHES.

WE HAVE HAD THE STATE WE WELCOME THEM TO LEGITIMIZE OUR BUSINESS.

WE BEEN AUDITED, MANY STOREFRONTS AND LOGISTIC WAREHOUSES ACROSS THE STATE. AND WE HAVE PASSED WITH FLYING STANDARDS WE ID EVERYONE 21 AND ABOVE TO TAKE ANY CANNANOID, NEGATIVE ANY 18 AND ABOVE FOR ANY CBD PRODUCT WE DO THAT WITHOUT STATE REGULATING THAT. WE ARE FOR LICENSING WE CO-AUTHORED A BILL THAT IS GOING TO EXPAND WHAT WE HOPE.

CO-AUTHORED IT WITH PHARMACOLOGY UNIVERSITY PRESENTED IN THE APRIL SESSION IN AUSTIN FOR THE TEXAS COMPASSIONATE USE TO BE EXPANDED TO INCLUDE MORE MEDICAL CONDITIONS INCLUDING NEAR AND DEAR TO MY HEART SUCH AS IMMUNO LIKE RHEUMATOID ARTHRITIS. WE ARE HERE TO CONTINUE TO EDUCATE OUR COMMUNITIES. WE ARE SEEKING A TOBACCO LICENSE FOR NICOTINE LICENSE. IF THAT TRULY IS WHAT IS EVIDENT IN THE COMMUNITY THAT WE DO NOT WANT TO CONTINUE TO HAVE, THAT IS SOMETHING MALLARD DOES NOT BUY INTO. MALLARD WILL NOT DO THAT WANTED TO MAKE THAT CLEAR. THAT IS WHAT WE HAD HEARD WHY WE WERE PRESENTING FOR THE SEP AS WELL.

>> OKAY. >> THANK YOU FOR LETTING ME

SPEAK. >> AND JUST FOR CLARIFICATION ONE OF THE QUESTIONS I WANTED TO ASK THAT YOU JUST ANSWERED. WAS WHAT ARE THE REQUIREMENTS FOR SALE. AND WHAT IS YOUR POLICY AND PROCEDURE TO MEET THOSE REQUIREMENTS. AND LIKE YOU SAID

YOU CARD EVERYBODY? >> WE ID EVERY PERSON LIKE SHE

>> WITHOUT A TYPE OF ID. >> A DRIVERS LICENSE. YES.

>> AND THEN VETERAN DISCOUNT, MILITARY TO BUY CBD.

>> IF THEY SHOW PROOF OF SERVICE WE GET THE DAILY VETERAN DISCOUNT. BUT LIKE SHE SAID ANYTHING PSYCHOACTIVE 21 AND ABOVE. AND ANY OTHER NON-PSYCHOMETRIC 18 AND UP. THAT IS WHAT WE DO. HE SAID MULTIPLE TIMES WE DON'T SELL IS CIGARETTES NO NICOTINE. THERE IS ANOTHER VETERAN TESTIMONIAL IF YOU WILL ALLOW ME TO READ IT. THE VETERAN WHO HAS SERVED EIGHT YEARS IN THE U.S. ARMY AS AN INFANTRY MAN IN COMBAT MEDIC.

FOR 15 YEARS I HAVE HAD TROUBLE WITH PTSD, SLEEP AND ANXIETY. I WAS BEING SUPPLIED WITH THE PLETHORA OF PHARMACEUTICALS FROM THE VA BUT MANY WERE DOING MORE HARM THAN GOOD. I CAME TO MALLARD LOOKING FOR BETTER AND SAFER OPTIONS. MY GOAL WAS TO USE CANNATHERAPY TO GET OFF SOME OF THE MEDICATIONS GIVEN TO ME.

I'VE BEEN TAKING THE FULL-SPECTRUM OIL ALONG WITH TRIPLE ZZZ'S. WHICH IS A SLEEP COMING WE PROVIDE. AND DELTA NINE COMMIES FOR SEVEN MONTHS BUT THIS COMBINATION OF CANNABINOIDS HAS SIGNIFICANTLY REDUCED MY ANXIETY. I KNOW LONGER WAKE UP THREE TIMES A NIGHT DRENCHED AND SWEAT AND MY MOOD AND ATTITUDE IS BETTER THAN IT HAS BEEN IN YEARS. THANKS TO MALLARD PRODUCTS I WAS ABLE TO GET OFF ALL MY SLEEP AND ANXIETY MEDICATION. I APPRECIATE THAT THE EMPLOYEES AT MALLARD TOOK THE TIME TO LISTEN TO ME. AND HAVE THE KNOWLEDGE TO SUGGEST THE PRODUCTS THAT WOULD BENEFIT ME THE MOST. I ALSO APPRECIATE THE QUALITY OF THE PRODUCT THAT MALLARD HAS. I FEEL THIS PRODUCT CAN HELP SAVE AND/OR CHANGE FOR THE BETTER. CANNATHERAPY. FOR

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A SEAT, SIR. >> THANK YOU.

>> COMMISSIONERS? COMMENTS? >> I DON'T SEE ANY ISSUE WITH THIS LET THE MARKET DECIDE WHO SURVIVES IN ROWLETT IS THE WAY I

LOOK AT IT. >> I LOOK AT THIS CLEARLY IS A ZONING ISSUE. I THINK WE ARE OKAY. I DON'T THINK IT WAS DESIGNED TO MAKE SURE THIS WAS NOT TOO CROWDED IN THE RIGHT AREA AND I DON'T THINK THIS DOES THIS IN A BIT I WILL BE

SUPPORTING THIS. >> THANK YOU. ANYBODY ELSE?

>> I WILL SUPPORT THIS AND ALSO THINK THE BIGGER PICTURE IS IF YOU LOOK AT WHERE CERTAIN STATES HAVE GONE. WHERE CERTAIN COMMUNITIES HAVE GONE THIS ACCEPTANCE IS MOVING QUICKLY AND RAPIDLY. IT HAS PROVEN TO BE BENEFICIAL. TO VETERANS TO RETIRED LAW ENFORCEMENT. FIREFIGHTERS, FIRST RESPONDERS ANYONE WHO HAS HAD AILMENTS. WHO HAVE HAD AILMENTS FOR YEARS. NOT BEEN ABLE TO DEAL WITH. AND TRADITIONALLY HAVE BEEN TOLD TO DEAL WITH IT. I HAVE HEARD HORROR STORIES, THE VA HAS BEEN NO HELP IT SO FOR A PRIVATE BUSINESS, AS YOU SAID, TO LET THE MARKET DECIDE. TO COME IN AND TAKE THAT AND RUN WITH IT. I WILL SUPPORT IT. I LIKE IT IS NOT A SMOKE SHOP OR A V AAPE SHOPAPE SHOP YOU KNOW WHAT YOU'RE DOING AND I

WISH YOU LUCK ACROSS THE STATE. >> ANYONE ELSE?

>> THE ONLY OTHER COMMENT I HAVE AND IT MIGHT BE ADDRESSED TO ALEX. WOULD BE SIGNAGE. YOU HAVE SIGNAGE OR 59.9 FT. SIGN WHICH

IS THE GREEN TARP COMES DOWN. >> THAT WOULD BE ADDRESSED WITH THE APPLICANTS TO MAKE SURE THEY REMOVE THAT PRIOR TO THE COUNCIL

HEARING. >> THANK YOU. WITH THAT I GUESS WE ARE READY FOR A MOTION. MR. SWIFT?

>> LISA ESTEVEZ: I WILL MAKE A MOTION TO APPROVE THE SEP WITH THE CITY'S RECOMMENDED CONDITIONS THAT ALL SIGNAGE LIMITED TO 60 FT. NO FREESTANDING SIGNAGE SHOULD BE PERMITTED HOURS OF OPERATION LIMITED MONDAY THROUGH SATURDAY 11 A.M TO 8:00 P.M. AND SUNDAY 11 A.M TO 7:00 P.M.

>> WE HAVE A MOTION, IS THERE SECOND?

>> I. >> MR. URRUTIA, PETER. SECOND, .

[5B. Consider and take action on a request by Christopher Biggers, on behalf of property owner Providence Presbyterian Church, for approval of a Development Plan for an approximately 66,600 square-foot building for an Assisted Living Facility on a 5-acre tract zoned Limited Commercial/Retail (C-1) District. The subject property is located at the northwest corner of Dalrock Road and Schrade Road, and is part of Lot 1, Block 1 Providence Presbyterian Church Addition, in the City of Rowlett, Dallas County, Texas.]

ITEM 5B. CONSIDER AND TAKE ACTION ON A REQUEST BY CHRISTOPHER BIGGERS, ON BEHALF OF PROPERTY OWNER PROVIDENCE PRESBYTERIAN CHURCH, FOR APPROVAL OF A DEVELOPMENT PLAN FOR AN APPROXIMATELY 66,600 SQUARE-FOOT BUILDING FOR AN ASSISTED LIVING FACILITY ON A 5-ACRE TRACT ZONED LIMITED COMMERCIAL/RETAIL (C-1) DISTRICT. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF DALROCK ROAD AND SCHRADE ROAD, AND IS PART OF LOT 1, BLOCK 1 PROVIDENCE PRESBYTERIAN CHURCH ADDITION, IN THE CITY OF ROWLETT, DALLAS COUNTY, TEXAS.

>> GOOD EVENING MEMBERS OF THE PLANNING COMMISSION I WILL BE PRESENTING HAMPTON MANOR SENIOR LIVING FACILITY.

THE REQUEST IS TO TAKE ACTION ON THIS SITE DEVELOPMENT PLAN FROM APPROXIMATELY 66,000 SQUARE-FOOT BUILDING FOR A SENIOR ASSISTED LIVING FACILITY. THE PLANNING AND ZONING COMMISSION IS REQUIRED TO ACT ON THIS PERCEPTION 77.80831 OF THE RDC. OF THE PROPOSAL INCLUDES A SINGLE BUILDING 25,000 FT. . SHOWING ANYTIME A STRUCTURE IS OVER THAT SIZE IT COMES TO PLANNING AND ZONING.

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THOSE ARE SOME OF THE EXHIBITS THAT FOLLOW THE SUBMISSION.

SO SOME SITE DATA THE SUBJECT SITE IS ZONED C-ONE. ASSISTED LIVING IS ALLOWED IN THE C-1 DISTRICT. THE ASSISTED LIVING FACILITY IS DESIGNED AS A HEALTH OR CARE FACILITY USED FOR OR OCCUPIED BY PERSONS RECOVERING FROM OR SUFFERING FROM INFIRMITIES OF AGE, INJURY OR DISEASE THAT PROVIDE MEALS, LODGING AND CONTINUING CARE FOR LONGER THAN 24 HOURS.

IN TERMS OF THE SITE THE SITE PLAN REFLECTS THE STRUCTURE THERE. APPROXIMATELY HAS 95 BEDS.

IT HAS SOME ASSOCIATED PARKING SPACES, OFFICE AND COURTYARDS.

THERE ARE 48 PARKING STALLS HERE.

THERE ARE SIX OPEN SPACES WITH PLANS TO SERVE AS COURTYARDS AS SHOWN ON THE PLAN. AND THEIR IS A 24 FOOT ACCESS LINE ALONG THE ENTIRETY OF THE PROPERTY.

IN TERMS OF PARKING CONSIDERATION THE MINIMAL PARKING REQUIREMENT FOR THIS USE IS ONE SPACE FOR EVERY TWO ROOMS. THE SITE PLAN REFLECTS 92 ROOMS WHICH IS 40 REQUIRED PARKING SPACES. AND THE SITE PROVIDES 48 REQUIRED PARKING SPACES AMONG THE SOUTH AND WEST SIDE OF THE PROPERTY. AND THE PARKING LOTS ARE ACCESSIBLE FROM TWO CONNECTIONS ALONG SHADY ROAD. IN TERMS OF LANDSCAPING THIS TABLE REFLECTS A CALCULATION FOR THE BUFFER REQUIRED ON THE SITE. ON THE NORTH THERE IS A BUFFER 15 TREES ARE REQUIRED PAGE 165 SHRUBS ARE REQUIRED AS WELL AND PROVIDED BIT ON THE SOUTH EAST AND WEST YOU CAN SEE THOSE NUMBERS ON THERE AS WELL. AND ESSENTIALLY THEY ARE MEETING THE TREES THAT ARE REQUIRED. IN SOME PORTIONS.

IN PROVIDING THE SHELTER AS WELL. IN TERMS OF WHAT IS REQUIRED SECTION 7075040 OF THE ROWLETT REQUIRES THE FOLLOWING BUFFERS WHICH THEY DO COMPLY WITH. AND IN TERMS OF THE SITE ITSELF CURRENTLY FOR ANY TREES THAT ARE PROTECTED THAT ARE TAKEN ON THAT SITE WILL SEE A TREE REMOVAL PERMIT HAVING TO BE APPROVED FOR THAT. AND IN TERMS OF PARKING LANDSCAPING CONSIDERATIONS. SECTION 77504 D3 REQUIRES AN ADDITIONAL TREE FOR 300 FEET. THEY ARE ADDING 13 PARKING TREES IN EXCESS OF THOSE REQUIREMENTS. FIVE PERCENT OF THE PARKING AREA MUST BE LANDSCAPE. THE APPLICANT IS REQUIRED 693 FT. BASED OFF THE PARKING AREA AND IS PROVIDING 4000 FT. OF ADDITIONAL LANDSCAPE. SO OUR RECOMMENDATION FOR THE SITE APPROVAL PLAN IS FOR AN AP APPROVAL.

THE PROPOSED SENIOR ASSISTED LIVING FACILITIES ARE ALLOWED IN THE C-ONE ZONE AND THEY REPRESENTED SITE INCLUDING PARKING AND LANDSCAPING COMPONENTS. AND NO ADVERSE IMPACTS TO THE SURROUNDING BUILT ENVIRONMENT OR INFRASTRUCTURE ARE ANTICIPATED AS A RESULT OF DEVELOPMENT. ANY QUESTIONS?

>> I ONLY HAVE ONE PRESSING QUESTION. AS THE APPLICANT DECIDED ON WHETHER OR NOT THE MEMORY CARE UNIT WILL BE ON THE LEFT-HAND SIDE OF THE BUILDING OR THE RIGHT HAND SIDE OF THE

BUILDING? >> MY UNDERSTANDING FROM THE SITE PLAN WOULD BE ON THE RIGHT-HAND BOTTOM PORTION OF THE

BUILDING. >> THE LANDSCAPE SHOWS IT ON THE LEFT-HAND SIDE OF THE BUILDING. THAT IS THE ONLY REASON WHY I ASKED. DO WE LET THE LANDSCAPER BUILD THE BUILDING? YES, THEY FLIPPED THEM. YOU ARE OFF THE HOOK. IS THE APPLICANT HERE? DOES ANYBODY ELSE HAVE ANY QUESTIONS? NO?

[00:40:04]

PRESENTATION? >> GOOD EVENING MY NAME IS CHRIS BIGGERS WITH DUNAWAY ASSOCIATES AND THE APPLICANT AND ALSO THE CIVIL ENGINEER FOR THE APPLICANT.

OUR TEAM COVERED EVERYTHING WHILE I DON'T HAVE ANYTHING ELSE TO ADD IN THE INTEREST OF TIME BUT HAPPY TO ANSWER ANY QUESTIONS. AND GLAD THE LANDSCAPER IS NOT LAYING OUT THE MEMORY CARE FACILITY.

>> JOHN COTE: SO WHAT IS THE ANSWER?

>> IT IS ON THE EAST SIDE. IS THAT THE CORRECT ANSWER?

>> ACCORDING TO THE LANDSCAPER IT IS.

ACCORDING TO THE ARCHITECT IT IS NOT.

OKAY. ANYBODY HAVE ANY QUESTIONS FOR THE APPLICANT? NO? OKAY, THANK YOU.

DISCUSSION? COMMISSIONERS? NO? MR ENG.EN.

PRETTY DETAILS AND THE LANDSCAPING.

IT WAS QUITE WELL WHAT YOU PUT IN THERE.

THEN HAVING SOMEBODY OPEN COURTYARDS INCLUDED IN THE NURSING FACILITY TOO. THE FULL WORKOUT FELT NICE FOR THE PATIENTS AND PEOPLE LIVING THERE.

>> JOHN COTE: EXCELLENT, ANYONE ELSE? WELL, WE ARE OPEN FOR A MOTION. MR. EGNGEN. .

>> MARK ENGEN: I MAKE A MOTION TO APPROVE THE SITE DEVELOPMENT

PLAN. >> MISS WILLIAM SECONDS.

[5C. Consider and take action on the River Church Addition Lot 1R, Block A Replat. The 3.583-acre site is located north of the intersection of Old Princeton Road and Liberty Grove Road, in the James M. Hamilton Survey, Abstract No. 544, in the City of Rowlett, Dallas County, Texas.]

ROWLETT, DALLAS COUNTY, TEXAS. >> THANK YOU VICE CHAIR AND COMMISSIONERS THANK YOU FOR YOUR TIME TODAY.

AS STATED WE ARE HERE TO DISCUSS THE RE-PLAT IT IS PRETTY STRAIGHTFORWARD IT IS 3.5 ACRES LOCATED AT 8601 LIBERTY ROAD AT THE CORNER OF FEEL PRINCETON AND LIBERTY ROAD.

IT IS ZONED FOR URBAN VILLAGE DISTRICT.

THE SITE IS BEING PREPARED FOR THE EXPANSION OF LAKE CITY CHURCH WHICH INCLUDES A NEW CENTURY AND PARKING LOT TO THE NORTH OF THE EXISTING PROPERTY. YOU CAN SEE THE WHITE BUILDING TO THE SOUTH OF THE BLOCK. THAT IS THE EXISTING STRUCTURE.

AND THAT AREA TO THE NORTH OF IT WILL BE WHERE THE NEW SANCTUARY AND PARKING WILL BE LOCATED. ACCESS TO THE PARK WHERE OLD PRINCETON IS. AND THE RE-PLAT WILL COMBINE THE TWO INTO A SINGLE LOT AND DEDICATE ADDITIONAL ACCESS TO WATER LINES AND FIRE EMERGENCY ACCESS.

THIS IS WHAT THAT RE-PLAT LOOKS LIKE COMBINING LOTS ONE AND TWO INTO A SINGLE LOT. LOT OF THE RIVER CHURCH ADDITION. WITH THAT STAFF RECOMMENDS APPROVAL OF THE REPOT IS ALL TECHNICAL REQUIREMENTS OF THE CODE. THE WOOD, AND THE TEXAS LOCAL GOVERNMENT CODE HAVE BEEN ADDRESSED. HAPPY TO ANSWER ANY QUESTIONS THE APPLICANT IS HERE ALSO FOR QUESTIONS.

ALTHOUGH HE DOES NOT HAVE A PRESENTATION.

>> COMMISSIONERS ANY QUESTIONS FOR STAFF? ANY QUESTIONS FOR THE

APPLICANT? NO. >> JOHN COTE: COMMENTS? WAITING

FOR A MOTION. >> MARK ENGEN: IT IS NICE TO SEE

THE CHURCH IS GROWING. >> JOHN COTE: HERE I THOUGHT HE WOULD TAKE AND MAKE A MOTION FOR ME.

>> MARK ENGEN: I WILL DO THE MOTION I RECOMMEND THE REPOT.

>> WITH A MOTION TO HAVE A SECOND? MS. WILLIAMS SECONDS GO AHEAD AND VOTE. AND THAT ITEM, MR SEGARS , WE

[5D. Conduct a public hearing and make a recommendation to City Council on a request for: A Special Use Permit for a convenience store with 8 gas pumps and a drive through restaurant; Amending the Comprehensive Plan; Amending the official Zoning Map of the City. The subject property is a portion of the parcels totaling 3.58 acres and located Southwest of the intersection of Liberty Grove Road and Chiesa Road, being Lot 1, Block 1 of the Welk Addition, part of the H. Hamilton Survey Abstract No. 548 and part of the Zach Motley Abstract No. 1010, in the City of Rowlett, Dallas County, Texas.]

>> JOHN COTE: ITEM 5D 5D. CONDUCT A PUBLIC HEARING AND THAT EVERYBODY HAS BEEN WAITING FOR.

MAKE A RECOMMENDATION TO CITY COUNCIL ON A REQUEST FOR: A SPECIAL USE PERMIT FOR A CONVENIENCE STORE WITH 8 GAS PUMPS AND A DRIVE THROUGH RESTAURANT;

[00:45:02]

TEXAS. >> THANK YOU VICE CHAIRMAN COTE, AND COMMISSIONERS. ADU THIS ONE THIS ONE AS YOU WI TAKE A LITTLE LONGER BUT I WILL BE BRIEF THROUGH THIS PRESENTATION. I ASSUME MOST OF YOU HAVE A CHANCE TO READ THE REPORT AS OF THERE'S NO NEED TO BE TOO REDUNDANT. WE ARE TALKING ABOUT SEP - TWO SEP FOR THE SAME PROPERTY 1 FOR THE DRIVE-THROUGH RESTAURANT AND ONE FOR A GAS STATION WITH FUELING STATIONS. IT IS LOCATED IN THE RED SECTION OF THAT PROPERTY AS IT IS A TWO PHASED PROJECT. SO THE AREA IN RED DOES SHOW A PORTION OF PHASE ONE WITH THESE TWO SEP WOULD BE LOCATED. THE SUBJECT PROPERTY IS ZONED - PLANNED DEVELOPMENT LIMITED COMMERCIAL RETAIL PD DISTRICT.

THIS WAS REZONED YEARS AGO. THE TOTAL SITE AREA IS 3.58 ACRES OF WHICH 2.028 ACRES WILL BE DEVELOPED WITH THE PROPOSED CONVENIENCE STORE. PER SECTION 77 OF THE CODE AND SEP IS REQUIRED FOR BOTH USES BUT THE APPLICANT CONDUCTED A NEIGHBORHOOD MEETING IN 2022 NO SIGNIFICANT PLANNED USE RESULTED FROM THAT SEPTEMBER 22ND MEETING.

>> JOHN COTE: CAN YOU REPEAT YOUR LAST COMMENT?

>> THE APPLICANT DID CONDUCT A NEIGHBORHOOD MEETING ON SEPTEMBER 22ND, BUT NO IMMEDIATE RESULTS WERE REFLECTED INTO CONCEPT PLANS. AND AND SEP IS A FORMAL ZONING ACTION THAT ENCOURAGES PUBLIC REVIEW OF SITE FEATURES AND INTENDED TO POST USES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON SURROUNDING USES, INFRASTRUCTURE, TRANSPORTATION OR ON THE COMMUNITY AT LARGE. THE PROPOSED SEP AS I MENTIONED EARLIER IS A CONVENIENCE STORE WITH A DRIVE-THROUGH RESTAURANT TOTALING 6000 FT. . THIS PROPOSED DEVELOPMENT WOULD CONSIST OF AN ADDITIONAL 4000 SQUARE-FOOT RETAIL COMMERCIAL BUILDING IN PHASE ONE SHOWN IN YELLOW THERE. AND TWO BUILDINGS TOTALLY APPROXIMATELY 13,600 FT. IN PHASE TWO WHICH ARE NOT BEING CONSIDERED AS PART OF THIS.

THEY ARE NOT INCLUDED IN THE SUB.

WE ARE LOOKING AT THE RED BUILDING BUT THERE ARE SITE FEATURES THAT ARE ASSOCIATED WITH THE ENTIRETY OF PHASE ONE THAT I WILL ADDRESS AS PART OF THE NEIGHBORHOOD PROTECTION STANDARDS. THE EXISTING SITE IS LARGELY UNDEVELOPED. ALTHOUGH DOES HAVE A SINGLE-FAMILY HOME LOCATED NEAR THAT CORNER.

THAT INTERSECTION CHIESA OF AND LIBERTY GROVE ROAD.

THE PROPOSED CONCEPT 3000 FEET OF CONVENIENT, AND THE PROPOSED GAS PUMP AND DRIVE-THROUGH RESTAURANT. I BELIEVE THE CONVENIENCE STORE IS A RED HALF OF THAT RED BLOCK AND THE RESTAURANT WOULD BE THE RIGHT BLOCK OR FREIGHT PORTION OF THAT RED BLOCK. AND JUST TO MENTION BASED ON PRELIMINARY REVIEW OF THIS CONCEPT PLAN THEY ARE MEETING ALL SET REQUIREMENTS, ALL PARKING REQUIREMENTS.

MEETING THE MAXIMUM BUILDING HEIGHT UP TO 35 FEET.

THEIR BUILDING IS 24 FEET AND THEY ARE MEETING LANDSCAPING REQUIREMENTS. THE SITE PLAN REFLECTS TWO ENCLOSURES WITH EAST FACING GATES AND LOADING AREA ALONG THE AND SETBACK 50 FEET FROM THE REAR PROPERTY LINE.

YOU WILL SEE BOTH OF THOSE THERE AND I WILL ADDRESS THAT AS WELL AS PART OF THE NEIGHBORHOOD PROTECTION STANDARDS.

THIS IS AN ENTIRE VIEW OF THE ACTUAL SITE.

COLOR-CODED THE DIFFERENT PHASES RED BEING THE SUB PORTION TODAY.

YELLOW BEING PART OF PHASE ONE. AND THEN ORANGE BEING PART OF A FUTURE PHASE TWO. THESE ARE PROPOSED ELEVATIONS.

AND AGAIN THESE ARE CONCEPTUAL AS OF RIGHT NOW.

[00:50:07]

IT IS AN OVERNIGHT FACILITY. IN FACT THERE ARE APPROVED PLANS FOR THE SECOND PHASE OF THE MEMORY CARE THAT ABUTS THE NORMAL PROPERTY LINE AS SHOWN A SMALL GRAPHIC OF WHAT THAT WILL LOOK LIKE ONCE COMPLETED TO THE SOUTH.

FOR PHASE TWO. IT SHOULD THEREFORE BE TAKEN INTO CONSIDERATION THE PROPOSED BUFFER SHOULD BE ESTABLISHED A CONDITION FOR DEVELOPMENT. SHOULD INCLUDE A ME MINIMUM FAL TO BETTER UNDERSTAND THERE'S CURRENTLY THE SEPARATION BETWEEN ALL USES WE TYPICALLY REFER TO INCOMPATIBLE USES AS ADJACENT TO RESIDENTIAL OR A CHURCH ADJACENT TO AN INDUSTRIAL FACILITY WOULD BE CONSIDERED INCOMPATIBILITY BUFFER.

IN THE SENSE IN A SCENARIO WHERE WE HAVE BOTH COMMERCIAL PROPERTIES. AND THAT IS TYPICALLY LIMITED TO SIX FEET. IN THIS CASE WE ARE REQUESTING THAT THE BUFFER BETWEEN THE SUBJECT PROPERTY AND PHASE 2B 15 FEET WHICH THE APPLICANT HAS INDEED SHOWN IN THEIR CONCEPT PLAN. BUT WE ARE ALSO ASKING THAT EIGHT FOOT MASONARY WALL BE INSTALLED AS PART OF THAT 15 FOOT TO ALLOW FOR SEPARATION. AND THAT WILL BE BROUGHT UP ALSO THROUGH THIS LIST OF NEIGHBORHOOD PROTECTION STANDARDS. THE SUB IS GENERALLY CONSISTENT WITH THIS LAND USE CATEGORY OF PDC ONE COMMERCIAL DISTRICT.

NONETHELESS IS IMPORTANT TO ENSURE NEIGHBORHOOD PROTECTION STANDARDS ARE IMPLEMENTED TO PROTECT THE INTEGRITY OF ADJACENT USES SUCH AS MEMORY CARE AND THE ADJACENT FAMILY NEIGHBORHOOD. TO THE SOUTH.

THE NEIGHBORHOOD PROTECTION STANDARDS ARE LISTED 70759.

AND AGAIN THE ROLE IS TO MITIGATE IMPACTS OR NEGATIVE IMPACTS THAT COULD POTENTIALLY COME FROM THE PROPOSED USE.

AND SO SOME OF THE ITEMS WILL BE SPEAKING ABOUT OUR HOURS OF OPERATION, DELIVERY, LOCATION OF ACTIVITIES THAT HAVE ADVERSE IMPACTS. PLACEMENT OF TREES OR TRASH RECEPTACLES. LOCATION AND SCREENING OF DELIVERY AREAS. LIGHTING LOCATION, DESIGN INTENSITY AND HOURS. PLACEMENT AND OUTDOOR VENDING MACHINES, TELEPHONES AND SIMILAR OUTDOOR SERVICES AND ACTIVITIES.

ADDITIONAL LANDSCAPING AND SCREENING TO MITIGATE ADVERSE IMPACTS. AND VENTILATION AND CONTROL OF ORDERS AND FUMES. THESE ARE ALL VERY IMPORTANT TO RESIDENTS THAT LIVE NEAR THESE TYPES OF PROPOSALS.

I WILL TRY TO BE BRIEF AS I GO THROUGH THESE THE HOURS OF OPERATION THEY ARE PROPOSING 6 A.M TO 1 A.M WITH ACTIVITY AND NOISE THAT CAN BE GENERATED FROM RESIDENTS RESTAURANTS AND FUELING STATIOSG MORE RESIDENTIAL FAMILY.

AND RESTAURANTS AND FUELING STATION WE HOUS 11:00 P.M.

THE LOCATION OF ACTIVITIES THAT GENERATE ADVERSE IMPACT SUCH AS NOISE AND CLEAR. AND SHOWING ON THE RIGHT SIDE OF THAT GRAPHIC. IS FACING TO THE NEIGHBORHOOD TO THE SOUTH. AS WELL AS MEMORY CARE FACILITY.

AND AWAY FROM BOTH OF THOSE USES.

AT LEAST IT IS OUR RECOMMENDATION.

THE APPLICANT IS RECOMMENDED A SIX FOOT PRIVACY FENCE THROUGH THE DRIVE-THROUGH QUARTER TO MITIGATE THE SOUND.

QC RIGHT HERE THE SIX FOOT WOOD FENCE ADJACENT TO.

THE SOUND FROM THE ORDER BOX. TO TO THE DISTANCE OF THAT WE UNDERSTAND THAT SOUND IS LIKELY NOT TO BE VERY MUCH ATTENUATED BY THE SIX FOOT FENCE. AT THAT DISTANCE.

WE ARE PROPOSING THAT THE MASONARY WALL BE PLACEMENT OF TRASH RECEPTACLES YOU SEE ON THE RIGHT SIDE OF YOUR SCREEN.

IN RED THOSE TWO DUMPSTERS ARE PROPOSED THERE APPROXIMATELY 50 FEET FROM THE SHARED PROPERTY LINE.

COLLECTION TIMES CANNOT BE CONTROLLED AND COULD RESULT IN ADVERSE IMPACT. IS IMPORTANT TO NOTE IT ALSO PROHIBITS ENCLOSURE, OPENINGS OF DUMPSTER ENCLOSURES.

FACING TOWARD A PUBLIC STREET. AND SO WE BELIEVE - THEREFORE

[00:55:05]

IS ARE PROPOSED TO THE NORTHEAST OF THE PROPOSED DUMPSTER.

ON THE RIGHT SIDE OF THE GRAPHIC OF THE YELLOW BUILDING.

AND THE LOCATION IS SENSITIVE TO THE EXISTING RESIDENTIAL CONTEXT. LOADING AND LOADING TO A FAÇADE THAT MINIMIZES IMPACT ON ADJACENT RESIDENTS.

IT IS IMPORTANT TO NOTE HOURS OF OPERATION WOULD ALSO TYPICALLY IMPACT THE LOADING AND UNLOADING TIMES.

LIGHTING AND LOCATION. LIGHTING LOCATION DESIGN INTENSITY AND HOURS OF OPERATION.

CRYPTOGRAPHIC ON THE RIGHT IT IS CLEAR THAT AREAS SHADED IN BLUE ARE AREAS UNDER.1 FOOT CANDLES. AS A REFERENCE THE CODE REQUIRES NO PROPERTY LINES OF MORE THAN ONE FOOT CANDLE.

THIS IS 1/10 OF THTEN OF THE MI REQUIREMENT ESSENTIALLY ALL AROUND THE PROPERTY. WITH THE EXCEPTION THE ADJACENCY TO PHASE TWO. ALTHOUGH THE SIGNAGE PLANT IS NOT YET BEEN INCLUDED THEY PRECLUDE ANY SIGNAGE TO THE GAS STATION OR RESTAURANT FOR THE MEMORY CARE USAGE.

AND ONLY A SINGLE SIGN UNDER ANY ON THE ROAD ADVERTISING THE CONVENIENCE STORE AND RESTAURANT.

KEEPING EVERYTHING NORTH OF THE SITE PLAN.

AND THE ELIMINATION OF OUTDOOR VENUE MACHINES, TELEPHONE AND OTHER OUTDOOR FACILITIES. THE CANOPY IS SITUATED AWAY FROM THE EXISTING NEIGHBORHOOD CARE FACILITY AT THE CORNER.

THE APPLICANT HAS STATED NO OUTDOOR VENDING MACHINES, TELEPHONES OR OUTDOOR SERVICES OR ACTIVITIES PLANNED FOR THE SITE. STAFF IS RECOMMENDING THAT IF APPROVED THOSE BE CONDITIONS OF THE ACTUAL SPECIAL USE PERMIT.

ADDITIONAL LANDSCAPING AND SCREENING TO ADVERSE IMPACTS I'VE ITERATED THIS A COUPLE TIMES.

IS SIX FOOT FENCE FROM THE DRIVE-THROUGH AND THE MEMORY CARE FACILITY IS SHOWN THERE. CONSIDERATION SHOULD BE GIVEN TO THE ORDER BOX. OR THE APPROVAL OF AN ELEMENT PROVING TO MORE EFFECTIVELY MITIGATE NOISE ACROSS THE AREA.

IT IS RECOMMENDED AND WILL BE REQUIRED TO SEPARATE THOSE USES.

IT IS RECOMMENDED THE TREE SPACING BE LIMITED TO A MAXIMUM 35 FEET SEPARATING COMMERCIAL USES.

RESIDENTIAL AND ASSISTED LIVING USES.

HAS TYPICALLY THE MINIMUM FOR COMPATIBILITY BUFFER.

AND SINCE IT IS SOMETHING THEY ARE PROPOSING AS AN UPGRADE BETWEEN THE COMPATIBLE USES. IT IS PERHAPS MAKE SENSE TO MAKE THAT A CONDITION LIMITING THAT SPACE TO A MAXIMUM 35 FEET.

VENTILATION AND CONTROL. THE APPLICANT HAS STATED WILL BE LIMITED TO THE ROOF AND WILL HAVE ADDITIONAL SCREENING.

THAT IS APPROXIMATELY SHOWN ON THAT GRAPHIC ON YOUR RIGHT.

A TYPE I GREECE HOOD FILTER IS REQUIRED TO REINSTALL TO CAPTURE GREECE IN THE BUILDING OR RESTAURANT USES ARE PROPOSED.

THIS IT IS TO BE INSTALLED ANNUALLY BY THE FIRE DEPARTMENT AND CLAIMED BY A CONTRACTOR. ALSO REQUIRED TO DISPERSE COOKING ORDERS. THE PROPOSED MAXIMUM BUILDING HEIGHT IS 24 FEET. IN ANY OTHER PHASE OF THIS PROPOSED COMMERCIAL DEVELOPMENT THE NEIGHBORHOOD PROTECTION OR STANDARD STATE ANY NONRESIDENTIAL STRUCTURE LOCATED WITHIN A COMMERCIAL INDUSTRIAL ZONING DISTRICT WITHIN 100 FEET OF THE PROPERTY BOUNDARY WHETHER RESIDENTIAL ZONING DISTRICT.

THEY SHOULD BE SET BACK NO LESS THAN THE HEIGHT OF THE NON-RESIDENTIAL STRUCTURE. IT MAY BE CONFUSING BUT ESSENTIALLY IF A STRUCTURE IS WITHIN 100 FEET OF THAT PRESIDENTIAL ADJACENCY. THEN IT SHOULD BE NO CLOSER THAN THE ACTUAL HEIGHT. THE BUILDING THAT IS A NON-ISSUE IN THIS CASE. AS THE STRUCTURE ITSELF IS 130 FEET FROM THE NEAREST RESIDENTIAL PROPERTY. BUT EVEN IF IT WAS WITH BUILDING HEIGHT ONLY 24 FEET. IT WOULD MEET THAT REQUIREMENT.

ALTHOUGH THE APPLICANT HAS MADE A EFFORT TO SATISFY EARLY MET MANY OF THE NEIGHBORHOOD PROTECTION STANDARDS THE LOCATION OF THE DRIVE-THROUGH ORDER BOX, DUMPSTERS HAVE THE

[01:00:01]

THIS WOULD ALSO APPLY TO THIS SINGLE SIGN ON LIBERTY ROAD.

IT IS IMPORTANT TO NOTE ALTHOUGH DOES NOT IMPACT RESIDENTIAL STANDARDS THE GAS STATION IS WITHIN 300 FEET OF A DAYCARE AND 900 FEET ALONG LIBERTY ROAD. AND WILL BE REQUIRED TO MEET ALL REQUIREMENTS FOR ALL ALCOHOL SALES.

NOTICE WERE SENT OUT I WOULD MENTION IN A FEW DAYS.

THE LAST OF WHICH WAS FEBRUARY 22ND.

34 SENT IN A 200 FOOT RADIUS AND 32 SENT AT A FIVE FOOT RADIUS.

200 FOOT RADIUS FOUR IN OPPOSITION AND ONE IN FAVOR.

WITHIN 500 FEET. WE HAD SIX IN OPPOSITION AND NONE IN FAVOR. TO SUMMARIZE MANY OF THOSE RESPONSES THEIR CONCERNS WERE REGARDING INCREASED DAYTIME TRAFFIC, NOISE, GLARE, PROXIMITY TO TAKERS IN SCHOOLS.

GAS STATION AND FAST FOOD RESTAURANTS AND SEPARATION BETWEEN THE MEMORY CARE FA FACILITY.

I WOULD ALSO ADD THAT YOU RECEIVED VIA EMAIL AN ADDITIONAL SET OF RESPONSES. SO I TRUST WILL GOT A CHANCE TO LOOK THROUGH THOSE AS WELL. BASED ON THAT STAFF DOES RECOMMEND DENIAL OF THE SUV WITH THE CONVENIENCE STORE AND DRIVE-THROUGH RESTAURANT. HAPPY TO ANSWER ANY QUESTIONS.

THE APPLICANT IS HERE AND DOES HAVE A PRESENTATION.

>> JOHN COTE: COMMISSIONERS DO WE HAVE ANY QUESTIONS FOR STAFF? STAFF GOOD ONE. PLEASE STATE YOUR NAME, CITY OF

RESIDENCE. >> (INAUDIBLE) GOOD EVENING, COMMISSIONERS, I DO NOT WANT TO TAKE UP A LOT OF YOUR TIME AT THE PROJECT ENGINEER. I WANT TO SHARE A FEW THINGS WITH YOU GUYS WE DID HAVE THAT PUBLIC MEETING AS WAS POINTED OUT. SOME OF THE THINGS FROM THAT PUBLIC MEETING. WE ATTEMPTED TO ADDRESS ON THE PLANS YOU SAW. WE MOVED THE DUMPSTERS OVER 15 FEET NOW THE DUMPSTER IS ABOUT 50 FEET FROM THE PROPERTY LINE.

AMIGO TO THAT SLIDE. SO I WILL TALK ABOUT FIRST WHAT WE ADDRESSED BASED ON THE PUBLIC MEETING.

I WANT TO SPEAK ABOUT BUT I RECENTLY HAVE DONE TO IMPROVE THE SITE. FROM THE PUBLIC MEETING WE SHIFTED THE DUMPSTERS OVER 15 FEET FROM THE PROPERTY LINE.

15 FEET FURTHER OVER THAT MAKES THE DUMPSTER 68 FEET AWAY FROM THE PROPERTY LINE. ADDED THEM TO GIVING AMONG THE DUMPSTERS TO PROTECT AND ALLEVIATE THE SMELL.

AS FAR AS LIGHTING THE LIGHTS WERE POINTED OUT WAS STILL HAVE SEEPAGE OVER THE PROPERTY LINE WE MEET YOUR REQUIREMENTS FOR LIGHTING. THE WALLPAPER LIGHTING.

ACCORDING TO THE PLAN WE MOVED THE ARTIST SPEAKER MOVED OVER BASED ON RESIDENCE, AS WE MOVED FURTHER AWAY.

WE ADDED A FENCE WE ADDED TRIPS AROUND THE FENCE TO PROTECT THE SOUND TO ALLEVIATE THE SOUND. AS FAR AS THE GAS PUMPS AND TANK THE ISSUE CAME UP ABOUT SAFETY. WILL BE MEETING TC Q FORECAST PUMP SAFETY. WE ATTEMPTED TO ACCOMMODATE THE PUBLIC INPUT. RECENTLY, HOWEVER, WE DECIDED - THE OWNER DECIDED WILL NOT HAVE A DRIVE-THROUGH WINDOW.

[01:05:05]

>> JOHN COTE: WHY DO WE HAVE THIS SUB?

>> THE SUB WAS FOR WHAT WE SUBMITTED WAS A DRIVE-THROUGH.

AND JUST RECENTLY. >> I BELIEVE THESE ARE CHANGES

YOU'RE JUST NOW PRESENTING? >> YOLANDA WILSON: CORRECT.

>> YOU HAVE NOT SEEN THIS YET. >> APPLICANT: IF YOU DO AWAY WITH THE GAS PUMPS WE ARE OUT OF HERE.

>> APPLICANT: [LAUGHTER] WE DID AWAY WITH THE ORDER WINDOW.

SO THE AREA THERE BECOMES A DELIVERY AREA ONLY THERE.

AND AS FAR AS WE ADDED A MASONARY WALL HERE ALONG THE PROPERTY LINE. WE DON'T KNOW IF THE MEMORY CARE FACILITY IS PLANNING ON PUTTING ABLE THERE NOW.

WE SHOWED A MASONARY WALL IF WE HAVE TO PUT IT ALL IN WE WILL HAVE TO DO IT. BUT THE MEMORY CARE FACILITY GOES BEFORE US WE ALL KNOW WITH EVERY REQUIREMENT IS TO BUILD A BUFFER BETWEEN THE TWO. IT IS JUST SOMETHING WE WANTED TO ASK YOU GUYS ABOUT WHO COMES FIRST.

YES, THE DUMPSTERS CAN GO THERE. COMMISSIONERS FOR THE APPLICANT? RIGHT NOW YOU CAN HAVE A SEAT, SIR.

OKAY THIS IS A PUBLIC HEARING. >> JOHN COTE, VICE CHAIR: I WILL OPEN IT FOR SPEAKERS. I HAVE RIGHT NOW FOUR.

SO IF GREGORY WOULD LIKE TO COME UP SAY HIS NAME IN THE CITY OF RESIDENCE AND PROVIDE ME A THREE MINUTE INPUT.

FOLLOWED BY HIM WILL BE ANNA WHITEHURST.

ON DECK. >> GOOD EVENING EVERYONE BACK FOR THE OPPORTUNITY TO SPEAK TODAY.

MY NAME IS GREGORY 11803 COURT WHICH IS DIRECTLY BEHIND THE PROPOSED BUILDING. THE FIRST PART I AM DIRECTLY IN THE PATHWAY. THERE ARE SOME THINGS I'M VERY CONCERNED ABOUT. I WILL SHARE WITH THE GROUP TODAY. THE FIRST THING IS WHEN I HEAR ALCOHOL AND BEER THAT IS TROUBLING FOR ME. WHEN YOU HAVE SCHOOLS AROUND THE AREA AND TAKERS HAVE A MEMORY CENTER.

RESIDENCES BED AND POTENTIALLY FOR ME THAT BRINGS CRIME TO THE

[01:10:01]

>> JOHN COTE, VICE CHAIR: ANNA WHITEHURST AND DONNA ARE GONE WILL BE UP NEXT TO THREE MINUTES PLEASE STATE YOUR NAME AND CITY

OF RESIDENCE. >> I AM ANNA WHITEHURST 118013 AND I HAVE A REGISTERED VOTER IN THE CITY OF WLTX BUT CAN YOU ALL

HEAR ME? >> JOHN COTE, VICE CHAIR: YES,

MA'AM. >> SPEAKERS: MY MAIN CONCERN IS THE SAFETY OF THE NEIGHBORHOOD. I AM SURE YOU HAVE READ ALL THE INFORMATION YOU HAVE BEEN GIVEN. BUT I WILL ADD TO IT.

CONVENIENCE STORES, RANKED FOURTH AMONG THE MOST COMMON LOCATIONS FOR ALL VIOLENT CRIME. GAS STATIONS RANKED SEVENTH AMONG THE MOST COMMON LOCATIONS FOR ALL VIOLENT CRIME. THIS DATA COMES FROM THE FBI CRIME STATISTICS. TO THIS POINT, I AM GOING TO REMIND YOU OF WHAT HAPPENED IN PLANO CLUSTER. AN INCIDENT TOOK PLACE AT A 711 AT THE CORNER OF 544 AND SHILOH ROAD. A SHOOTOUT TOOK PLACE WITH AN ENRAGED CUSTOMER AND AN OFF-DUTY POLICE OFFICER RESULTING IN GUNFIRE EXCHANGE IN THE PARKING LOT.

BULLETS WERE SPRAYED ACROSS THE INTERSECTION. TRAVELING ACROSS EIGHT LANES WITH DIVIDED ROAD. HITTING THE SHELL GAS STATION ACROSS THE STREET AND SHATTERING THE GLASS WINDOW. THAT HAPPENED AT 2:40 IN THE AFTERNOON. PICTURE THE DAYCARE CENTER INSTEAD. PICTURE THE CHILDREN PLAYING OUTSIDE AT 4:30 IN THE AFTERNOON. WE DON'T NEED ANOTHER GAS STATION WE HAVE SIX WITHIN 2 MILES. OF THAT LOCATION, WE DON'T WANT IT, WE DON'T NEED IT.

WE ARE NOT GOING TO SUPPORT IT. ALONG WITH THE SAFETY CONCERNS, QUALITY OF LIFE FOR OUR NEIGHBORHOOD. I AM NOT SURE YOU CAN UNDERSTAND. AS THE PREVIOUS GENTLEMEN SAID IT IS A BEAUTIFUL NEIGHBORHOOD, IT IS QUIET AND PEACEFUL AND IT IS FOR FAMILIES. THE RISK OF THE CONVENIENCE STORE AND GAS STATION DO NOT OUTWEIGH ALL THE RISK OUTWEIGH THE CONVENIENCE OF HAVING IT THERE.

I ALSO WANTED TO STATE THAT BUILDING ANOTHER GAS STATION SO CLOSE TO THE OTHER GAS STATIONS I MENTIONED EARLIER ARE GOING TO POTENTIALLY TAKE AWAY REVENUE FROM THE GAS STATIONS THAT ARE ALREADY THERE. THEY WILL NOT BRING MORE MONEY INTO THE CITY OF WLTX. ANOTHER CONCERN I HAVE IS OF

COURSE TO THE QUALITY OF LIFE. >> JOHN COTE: MA'AM YOUR TIME IS EXPIRED. THANK YOU.

DON ARE GONE. MARTHA LAW WILL BE NEXT.

[01:15:04]

>> MY NAME IS DON AIRCON AND MY WIFE AND I ARE AT 8401 LIBERTY ROAD WHICH IS DIRECTLY ACROSS THE STREET FROM WHERE THIS PROJECT IS PROPOSED TO HAPPEN. THERE'S A FEW THINGS I WANT TO MENTION AND THREE MINUTES IS NOT ENOUGH TIME TO TALK ABOUT IT.

BUT ONE IS A TRAFFIC ISSUE. IF ANY OF YOU HAVE BEEN TO LIBERTY GROVE AT 7:30 IN THE MORNING OR 3 O'CLOCK IN THE AFTERNOON. THE TRAFFIC LINES ALL THE WAY BACK. IT LINES ALL THE WAY DOWN LIBERTY GROVE AND SOMETIMES ACROSS THE LIGHT.

THE AREA IS NOT SITUATED YET TO HANDLE SUCH A SITUATION LIKE THAT. THERE ARE ALSO ENTWISTLE STOP WHICH IS ACROSS THE STREET. FROM THIS PROPOSED PROJECT THAT IS TWO DAYCARE CENTERS OR WE CALL THEMSELVES A PRIVATE SCHOOL COMPARED TO THE DAYCARE BECAUSE WE DO HAVE A KINDERGARTEN.

WITHIN, YOU KNOW, A STONE'S THROW OF WHERE THIS PROJECT IS EXPECTED. LIKE SHE SAID BEFORE ME.

THE PEOPLE THAT WERE EXPECTING TO USE THESE KINDS OF PLACES ARE THE ONES THAT SCARE US. AT MY SCHOOL AT OTHER SCHOOLS OF ALL HAD SMASHED AND GRABS WHERE PEOPLE COME AND THEY BREAK THE WINDOW AND STEEL THE CAR SOMETIMES EVEN KIDS IN THEM.

AND THE PEOPLE WHO WILL BE GOING THERE SOMETIMES AT 11 O'CLOCK AT NIGHT WE DON'T KNOW. THE GAS FUMES OR SOMETHING ELSE THAT WOULD BOTHER US. IT IS NOT THAT THEY ARE NOT PROTECTING AGAINST IT BUT WHAT ABOUT THE PEOPLE WHO LEAVE THE GAS PUMP ON AND UNDER PHIL THE CLASS AND IT GOES ON THE FLOOR.

MY WIFE AND I HAVE OWNED THIS DAYCARE SINCE 2006.

BACK THEN THERE WAS JUST RANCHLAND OUT THERE THERE WERE COWS. HECK WE WERE HUNTING BIRDS IN THE FIELD WE HAD KIDS IN OUR PLAYGROUND PLAYING.

AS IT HAS DEVELOPED IT IS ALWAYS BEEN THOUGHT OF IT WAS A REALLY NICE COMMUNITY. A NICE NEIGHBORHOOD AND IT WAS NEVER GOING TO GET GAS STATIONS AND ALL THAT IN THEIR.

THEY WOULD NOT PUT A GAS STATION RIGHT OUTSIDE ACROSS THE STREET FROM CITY HALL RIGHT HERE BECAUSE THEY ARE TRYING TO BUILD SOMETHING HERE TO MAKE IT LOOK LIKE AN OLD DOWNTOWN.

YOU KNOW, THEY SHOULD NOT BE DOING THAT TO US.

YOU KNOW, AND LIKE I SAID MY WIFE AND I HAVE OWNED THE PLACE SINCE 2006. AND IT WAS A NICE COMMUNITY THERE AND I WANT TO KEEP IT TO BE A NICE COMMUNITY.

THANK YOU FOR YOUR TIME. BUT JUST REMEMBER THEY'RE GOING TO PUT GAS STATIONS OR RESTAURANT THEY SHOULD PUT THEM BY GEORGE BUSH DOWN ON 66TH WHERE THEY ARE ALREADY.

>> JOHN COTE: THANK YOU, SIR PAGE.

>> SPEAKERS: THANK YOU. >> JOHN COTE: MARTHA WROTE.

STATE YOUR NAME AND CITY OF RESIDENCE YOU HAVE THREE

MINUTES. >> YES. MY NAME IS MARTHA LAW 118017, WLTX. AND I WAS WANTING TO TALK ABOUT THE SMELLS BUT HOW MANY OF YOU HAVE COME BY A GAS STATION WITH THE CHURCHES FRIED CHICKEN ATTACHED TO IT. AND YOU SMELL THE LOVELY BURNED CHICKEN INCREASE SMELL. BUT SINCE HE HAS TAKEN AWAY THE DRIVE THROUGH THAT IS A DEFINITE PLUS. I FOUND ON NEXT DOOR THE NEIGHBORS BEHIND THE NEW GOLDEN CHECK ON 66TH. THESE GREASE COME FROM THE STAFF ARE PEPPERING THE BACK OF THEIR HOUSE. SHE INCLUDED A PICTURE OF HER GAS YOU CAN'T SEE IT. THE LITTLE STEPS OF GREECE ALL OVER IT. THE SINK IS ON THE HOUSE, THE CARS, EVERYTHING. SHE SAYS THAT SHE CAN'T EVEN OPEN THE WINDOWS BECAUSE OF THE SMELL OF THE CHICKEN. I LIKE FRIED CHICKEN AND FRENCH FRIES AND ALL THAT THE SAME AS EVERYONE ELSE BUT I WALK OUT THE BACK DOOR I DON'T SMELL IT 24/7. SHSEVEN. S SAID SHE HAS TALKED TO THE CITY OF WLTX. THE GOLDEN CHECK PEOPLE PUT IN A 4 FOUR FOOT STACK, EXHAUST STACK AND IT DOES NOT VACATE. THE ORDER. SO I DON'T

[01:20:03]

PORCH. >> JOHN COTE: THANK YOU. WHAT ANYONE ELSE LIKE TO COMMENT? I WILL TAKE THAT AS A YES. STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD. QUICK MY NAME IS MELISSA HART AND I LIVE IN BURLINGTON TEXAS. I JUST WANTED TO ADDRESS A LOT OF THE COMMENTS BEING MADE HERE AS FAR AS DEEP-FRIED SMELLS. NOW WE HAVE NOT EVEN STATED WE WILL HAVE A CHURCHES CHICKEN HERE. WE ARE LEANING MORE TOWARDS THE WAY OF MAYBE MEDITERRANEAN, HEALTHY FOOD STYLES. SO THAT IS NOT EVEN GOING TO BE AN ISSUE AS FAR AS THE INCREASE SMELL. AS FAR AS CRIME THERE IS CRIME EVERYWHERE. VIRTUALLY I HAVE LITTLE CHILDREN EVEN SENDING THEM TO TAKERS AND SCHOOLS SCARED THE LIFE OUT OF ME NOWADAYS. BUT WE HAVE TO MOVE ON WE HAVE TO LIVE. WE HAVE TO GROW AND THRIVE IN THE WHOLE PURPOSE OF GETTING BUYING A HOME AND MOVING INTO AN AREA IS TO SEE GROWTH IN THE CITY. SO THIS IS WHAT WE ARE TRYING TO DO. WE ARE TRYING TO BUILD SOMETHING BEAUTIFUL AND AN EMPTY LOT. TO BRING CONVENIENCE TO THE COMMUNITY SO THEY DO NOT HAVE TO SIT IN TRAFFIC TO GO AND GET THAT GALLON OF MILK AT 2 O'CLOCK IN THE AFTERNOON AND DRIVE IN THAT TRAFFIC THEY COMPLAIN A ABOUT. I DID NOT SEE A LOT OF OPPOSITION TO BUILD. THERE ARE A FEW BUT COMPARED TO MANY LETTERS HAVE BEEN SENT OUT HOW MANY PEOPLE CAME TO THE MEETINGS I DO NOT SEE A LOT OF OPPOSITION. YES, THEY ALL HAVE REASONS THEY HAVE THEIR CONCERNS. JUST LIKE THERE ARE CONCERNS WERE TRYING TO MAKE EVERYTHING THE COMMUNITY IS TRYING TO SAY IT IS NOT GOOD YOU'RE TRYING TO MAKE IT BETTER. WE'RE TRYING TO DEAL WITH IT.

AND SHOW THAT THIS IS GOING TO HELP YOU IT WILL BE CONVENIENT FOR YOU. DID AWAY WITH THE DRIVE-THROUGH TRYING TO MAKE IT WORK FOR EVERYBODY. TRAFFIC HAS BEEN AN ISSUE EVEN BEFORE WE CAME ALONG PRESUMABLY THE CITY WILL HELP. WE'VE HAD TO BUILD BACK OUR ROOTS AND OUR LAND TO GIVE WAY FOR THE CITY TO EVENTUALLY FIX THE TRAFFIC I ISSUE. SO WE ARE TRYING. WE ARE HERE TRYING TO WORK WITH YOU ALL. I GET APPROVAL SO WE CAN

MOVE AHEAD AND IMPROVE THE CITY. >> JOHN COTE: I UNDERSTAND THANK YOU, YOUR TIME IS EXPIRED. IS THERE ANYBODY ELSE? YES, SIR, PLEASE STATE YOUR NAME AND CITY OF RESIDENCE.

>> SPEAKERS: I AM STEVE WHITEHURST MY WIFE SPOKE TO YOU.

I WANT TO COUNTER HER ABOUT CONVENIENCE STORES THERE IS A CONVENIENCE STORE 500 FEET IN THE CORNER THAT WE USE. A MOM AND POP CONVENIENCE STORE. IT DOES NOT NEED TO BE COMPETING WITH ANOTHER CONVENIENCE STORE. ALL WE ARE DOING IS DILUTING THE EFFORT. NOW STATION WITHIN SIX MILES THERE IS NO TRAFFIC TO GO DOWN SIDE STREETS CHIESA ROADV. JUST GRIEF AND HEADACHES.

>> ANYONE ELSE? SO NOT SEEN ANY I WILL CLOSE THE PUBLIC HEARING.

THANK YOU. COMMISSIONERS? COMMISSIONER

SEGARS. >> QUINN SEGARS: IT IS A COMPLICATED ISSUE. I LIVE - MY HOUSE BACKS ABOUT A MILE TO THIS LOCATION. I UNDERSTAND THE FIGHT EVERYBODY IS BATTLING AGAINST BACK STOPPING THE TRAFFIC WE HAVE POCKET COMMUNITIES ACROSS 66. WALL TO WALL TRAFFIC AND PEOPLE

[01:25:05]

SO, YOU KNOW THERE'S NO PUBLIC TRANSPORTATION ANYWHERE CLOSE TO THIS LOCATION. FOR SOMEBODY TO WALK OVER HERE IS NOT EASY. I'M NOT SAYING IT CANNOT HAPPEN OR DOES NOT HAPPEN BUT IT IS NOT EASY. IT IS NOT AN EASY LOCATION TO REACH. FOR SOMEBODY RANDOMLY WALKING AROUND. THERE IS NO NEW TRAFFIC THIS IS OFF THE BEATEN PATH BUT NO 1 WILL DRIVE RANDOMLY TO LIBERTY GROVE. THEY WILL PASS ALL THESE GAS STATIONS. THIS IS A NEIGHBORHOOD GAS STATION THE ONLY PERSONS WHO WILL USES 90 PERCENT WILL BE NEIGHBORHOOD FOLKS IN MY OPINION. I DON'T SEE A LOT OF PEOPLE DRIVING DOWN 66. ALL YOU ARE DOING IS INCREASING TRAFFIC I WOULD LIKE THE EIGHT FOOT MASONARY WALL BEHIND THE BUILDING. ALCOHOL IS ALREADY SOLD AT WLTX COUNTY MARKET IS IN THERE. LIKE THE STAFF SAY THEY HAVE TO GO THROUGH PROPER STEPS TO EVEN SOLID THEY MAY NOT BE ABLE TO SELL IT. AND HOURS NEED TO STOP AT 11.

YOU KNOW I LIVE IN THE AREA. DOES NOT SEEM TO BE A PROBLEM

FOR ME. >> JOHN COTE: COMMISSIONER?

>> REVOCABLE, THANK YOU FOR COMING AND MAKING YOUR PRESENTATION. I WOULD GO THROUGH EVERYDAY.

THE CONCERNS I HAVE, I WILL NOT SUPPORT THIS AND I WILL TELL YOU THE CONCERNS WHY. THE TRAFFIC BEING THE KEY COMING FROM LIBERTY GROVE IS FRUSTRATING.

IT WAS FRUSTRATING MANY YEARS AGO.

PEOPLE WOULD RUN THAT RED ROAD EVERY MORNING BETWEEN FIVE AND 6 A.M NO QUESTIONS ASKED. WAS SCARED THE HEEBIE-JEEBIES OUT OF ME ONCE DRIVING ON THE ROAD.

THE TRAFFIC WE HAVE THERE AT THOSE PARTICULAR HOURS.

AND IT STARTS I AM SAYING 2:00 P.M. 2:30.

ALL UNTIL 4 O'CLOCK. THE INFRASTRUCTURE IS NOT NOT THERE TO SUPPORT THE TRAFFIC THAT IS ALREADY THERE.

MUCH LESS ANYTHING DO THEY BRING IN.

I ALSO UNDERSTAND THIS IS AN INVESTMENT IN WLTX.

I UNDERSTAND IT IS A COMMUNITY THAT PROBABLY HAS THE NEED FOR THAT. THIS IS JUST TOO CLOSE FOR COMFORT. WHAT I MEAN BY TOO CLOSE FOR COMFORT. SOMETHING OPEN UNTIL 1 A.M, SOMETHING HAVING THAT KIND OF UP ACTIVITY.

NO ONE WILL JUST WALK IN AND COME IN AND SHOW A.

IF SOMETHING IS READY AND AVAILABLE UNTIL MIDNIGHT AND A 5 MINUTE DRIVE. PEOPLE WILL DO IT THEY WILL GO INTO IT THEY WILL TRY AND BUY SOME PEER BY THIS OR THAT.

I DON'T HAVE A PROBLEM WITH THAT AT ALL I JUST THINK WHERE WE ARE AT RIGHT NOW IN THE VICINITY TO THE SCHOOLS, 30 SHARES, AND THE TRAFFIC IS MY BIG CONCERN RIGHT THERE.

IS A NIGHTMARE AS IT IS. I DON'T SEE IT IMPROVING.

I JUST THINK IT IS NOT CONDUCIVE TO HER THAT IS RIGHT NOW AND I

CANNOT SUPPORT THAT. >> JOHN COTE: MR. ENGEN..

>> MARK ENGEN: I LIVE OVER IN THAT AREA TOO I AM ON LIBERTY GROVE. I CANNOT TELL YOU HOW MANY TIMES A DAY. LIKE THE OTHER COMMISSIONER WAS SAYING. EARLY IN THE AFTERNOON IT COULD BE FROM AT LEAST THREE TO 7 O'CLOCK.

AND I UNDERSTAND WHAT YOU WANT TO HAVE A GAS STATION THERE.

THERE ARE AT LEAST 10,000 CARS GOING BY AND EVERYTHING IN EXCESS AMOUNT OF CARS COMING INTO THAT AREA.

[01:30:03]

BUT IT IS INTERESTING FROM GEORGE BUSH AROUND LIBERTY GROVE GOING TOWARD CHIESA WE HAVE SIGNS THAT SAY NO TR TRAFFIC AN CHIESA ON FOR LARGER TRICKS TO HAVE ACCESS TO GO TO THE GAS STATION BRINGING IN. LIBERTY GROVE JUST THE BASE OF THAT ROAD. AND IT IS SO BAD BEING DESTROYED EVERY DAY BY THE AMOUNT OF GOVERNMENT.

UNDERSTANDS THE EVIDENCE OF WHITE FAIR SAYING WANT TO KEEP IT MORE OF A NEIGHBORHOOD WITHOUT BRINGING MORE TRAFFIC OR MORE THINGS IN. I FEEL MAYBE THERE'S A BETTER LOCATION. I WHICH WAS CLOSER TO GEORGE BUSH IN THAT AREA. I AM NOT IN FAVOR OF THE GAS STATION IN THAT AREA. AND I SEE RETAIL AT THE LOWER END OF THE HILL. I DON'T KNOW WHAT IS COMING UP YOUR PROPERTY THAT WILL END FLOODING LIBERTY ROAD GOING DOWN. BECAUSE RIGHT NOW ALL THE RAIN GOING FROM THE PROPERTY SPILLS DOWN TO LIBERTY ROAD. THERE ARE A NUMBER OF ISSUES I THINK WILL MAKE A BIGGER PROBLEM IN THAT

AREA. >> JOHN COTE: MR. FRISBIE..

>> TO LOCAL DEVELOPMENT. AND WE WANT TO ENCOURAGE THE RIGHT KIND OF COMMERCIAL DEVELOPMENT.

I WILL SAY THAT I APPRECIATE THE DEVELOPERS WILLINGNESS TO MAKE CERTAIN ACCOMMODATIONS, MOVING THE DENTURES OVER, TAKING THE DRIVE THROUGH CONSIDERING WHAT KIND OF RESTAURANT THEY MAY OR MAY NOT PUT IN. IT IS JUST NOT QUITE ENOUGH.

THERE IS A REASON WHY CITY STAFF DID NOT SUPPORT YOUR RECOMMENDATION. I AM INCLINED NOT TO SUPPORT IT EITHER. BUT I WOULD SAY TO THE DEVELOPER PLEASE GO BACK AND LOOK AT YOUR DEVELOPMENT PLANS. AND MARKETING PLAN TO SEE IF THERE IS ONLY YOU CAN BRING TO THIS COMMUNITY THE RESIDENTS COULD LIVE WITH THERE'S SOMETHING THEY COULD APPRECIATE. I JUST DON'T THINK YOU HAVE TO HAVE A GAS STATION TO HAVE A VIABLE COMMERCIAL DEVELOPMENT PRINTER NEEDS TO BE OTHER OPTIONS BUT THERE ARE PLENTY OF OTHER CORNERS WHERE YOU HAVE TWO MAJOR THOROUGHFARES INTERSECTING. AND YES, THERE ARE A LOT OF THOSE THAT HAVE GAS STATIONS BUT THERE ARE PLENTY THAT DON'T. JUST AS A FELLOW BUSINESSPERSON I WOULD SAY JUST THINK ABOUT WHAT ELSE YOU CAN DO SO THAT YOUR NEIGHBORS WILL BE YOUR NUMBER ONE CLIENTS WILL BE HAPPY TO DO BUSINESS WITH YOU AND SUPPORT YOU. I JUST DON'T THINK IS A HAVE HEALTHY RELATIONSHIP TO HAVE AN ADVERSARIAL NEIGHBOR FROM DAY ONE BUT THAT IS MY SUGGESTION.

>> JOHN COTE: MS. WILLIAMS ANY COMMENTS?

>> YOLANDA WILSON: EARLEY. >> JOHN COTE: SORRY TO HEAR THAT I WAS NOT READY. TO BE HONEST WITH YOU MR. SEGARS. PUT UP A GOOD POINT YOU PUT SOMETHING HERE IT IS NOT LIKE IT WILL DRAW PEOPLE FROM OUTSIDE THE AREA TO IT. IT WILL BE SOMETHING THAT THE PEOPLE IN THIS AREA WILL USE BUT FOR EXAMPLE IF I LIVED IN WATERVIEW OR LIBERTY GROVE I SURELY WOULD HATE TO DRIVE DOWN TO 66 TO GET TO THE GAS STATION SO I GO BACK UP. AND GEORGE BUSH TO WORK EVERYDAY. OKAY, I WOULD JUST ASSUME PASSED BY ON THE WAY IN TO WORK OR OUT RIGHT THERE GAS STATION THAT WAS AVAILABLE TO ME. BUT I AM NOT EXACTLY SURE THE DEVELOPER HAS BEEN THE TIME,

[01:35:04]

GO, MR. FIRST BE. >> LOUIS FRISBIE: I WILL MAKE A

MOTION TO DENY. >> JOHN COTE: HOLD ON ONE SECOND. I THOUGHT I CLOSE THE PUBLIC HEARING. DID I NOT? OKAY, I CLOSE THE PUBLIC HEARING. IF I DID I DID. IF I DID I DID IT AGAIN. MR.

FRISBEE. >> LOUIS FRISBIE: IS A POINT OF CLARIFICATION WE CAN EITHER MAKE THE MOTION TO APPROVE OR DENY.

WE DON'T HAVE TO WAIT ON A MOTION TO APPROVE AND WAIT FOR

IT TO FAIL? >> JOHN COTE: CORRECT.

>> LOUIS FRISBIE: AS A POINT OF PROCEDURE I WILL MAKE A MOTION

TO DENY THE SPECIAL USE PERMIT. >> JOHN COTE: TO WE HAVE A MOTION TO DENY THE SPECIAL USE PERMIT? DO I HAVE A SECOND? MR. ENGEN SECONDS. AND THIS IS TO DENY.

AND THAT IS A UNANIMOUS DECISION TO DENY THE REQUEST FOR AN SEP.

WHICH IS CONSISTENT WITH STAFF RECOMMENDATION.

AND WITH THAT

* This transcript was compiled from uncorrected Closed Captioning.