>> RYAN IS? YES, I PUT IT DOWN.
[00:00:02]
WONDERFUL. WE'RE GOING TO GO AHEAD AND GET STARTED.[CALL TO ORDER]
WELCOME TO THE REGULAR MEETING OF THE FRISCO PLANNING AND ZONING COMMISSION.WE WERE GATHERED AT 6101 FRISCO SQUARE BOULEVARD AND THE TIME IS 6:31 PM.
THE PLANNING ZONING COMMISSION CONSISTS OF FRISCO RESIDENTS APPOINTED BY CITY COUNCIL.
TONIGHT, COMMISSION'S PRESENCE ARE SEAN MERRILL, STEVE COHEN, BRITTANY KOLBERG, MICHAEL HOWARD, TIFFANY WELLES, AND I, JOHN KENDALL IS YOUR CHAIR.
WE HAVE FROM DEVELOPMENT SERVICES, JOHN LETLER, JONATHAN HUBBARD, RO LANDREA RUSSELL, DANIEL PONDER, PEYTON SHERMAN, LULU PANG, AND JENNIFER MORGAN, FROM ENGINEERING.
WE'VE GOT JOEL FITZ AND TOIN FAWHIMI FROM FREIGHT.
I KNOW THIS. FOR THOSE THAT HAVEN'T BEEN HERE, THAT'S IMPRESSIVE I GOT THAT.
FIRE DEPARTMENT, WE HAVE JOHN GILLETTE, FROM LEGAL COUNSEL.
WE HAVE RYAN PITTMAN. IS THERE ANYONE I MISSED? NEXT ITEM ON THE AGENDA IS CITIZEN INPUT.
IF YOU WISH TO ADDRESS THE COMMISSION REGARDING ANY ITEMS THAT ARE ON TONIGHT'S AGENDA, YOU MAY DO SO AT THIS TIME.
PLEASE COMPLETE A BLUE SPEAKER CARD AND APPROACH THE PODIUM.
PRIOR TO YOUR COMMENTS, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
OUR MEETINGS ARE RECORDED, SO PLEASE SPEAK DIRECTLY INTO THE MICROPHONE.
PLEASE ADDRESS ALL COMMENTS TO THE COMMISSION, NOT TO MEMBERS OF THE AUDIENCE OR THE APPLICANT PRESENT THIS EVENING.
TO ENSURE THERE IS ENOUGH TIME FOR ALL TO SPEAK, PLEASE LIMIT YOUR COMMENTS TO A MAXIMUM OF FIVE MINUTES UNLESS YOU MUST ADDRESS THE COMMISSION THROUGH A TRANSLATOR.
IN WHICH CASE YOU MAY HAVE A MAXIMUM OF 10 MINUTES.
PLEASE NOTE THE COMMISSION CANNOT DISCUSS OR TAKE SPECIFIC ACTION DURING CITIZEN INPUT ON ITEMS NOT ON THE POST AGENDA, EXCEPT TO PROVIDE A STATEMENT OF SPECIFIC FACTUAL INFORMATION IN RESPONSE TO AN INQUIRY OR TO RECITE EXISTING POLICY IN RESPONSE TO AN INQUIRY OR TO INDICATE THE MATTER MAY BE PLACED ON A LATER AGENDA.
WITH THAT, IF YOU'RE HERE FOR AGENDA ITEMS, THERE WILL BE A PUBLIC HEARING PORTION, BUT IS THERE ANYONE HERE THAT WANTS TO SPEAK DURING THE PUBLIC HEARING PORTION? IF NOT, I WANT TO MAKE SURE.
IF YOU'RE HERE FOR AN ITEM, YOU WILL HAVE AN OPPORTUNITY TO SPEAK DURING THE PUBLIC ITEM, BUT I JUST WANT TO MAKE SURE.
IF THERE IS NONE, WE'LL MOVE ON.
[APPROVAL OF MINUTES]
THE NEXT ITEM ON THE AGENDA IS THE APPROVAL OF THE MINUTES.>> DO YOU APPROVE MINUTES FROM OCTOBER 22ND.
>> SECOND BY BRITTANY. ALL IN FAVOR.
>> ANY OPPOSE? MOTION PASSES 5-0.
>> THANK YOU FOR SAVING ME. DO I HAVE A MOTION FOR THE SECOND SENTIMENT?
>> I MOVE TO APPROVE THE MINUTES FROM THE WORK SESSION ON OCTOBER 22ND, 2024.
>> I'VE GOT A MOTION BY STEVE.
>> ANY OPPOSE? MOTION PASSES 5-0.
THANK YOU FOR THAT SAVE. NEXT IS THE CONSENT AGENDA.
[CONSENT AGENDA]
THE CONSENT AGENDA ITEM CONSISTS OF ROUTINE AND NON CONTROVERSIAL ITEMS. ANY COMMISSION MEMBER MAKING SUCH REQUESTS PRIOR TO A MOTION AND VOTE ON THE CONSENT ITEMS MAY CONSIDER ITEMS INDIVIDUALLY.ANY MEMBERS OF THE AUDIENCE WISHING TO MAKE COMMENTS ON THE CONSENT AGENDA ITEMS MAY DO SO WITH THE MAJORITY OF THE COMMISSION.
WE HAVE ITEMS 4-19, I BELIEVE THIS EVENING.
ARE THERE ANY THAT NEED TO BE PULLED FOR INDIVIDUAL CONSIDERATION?
>> I KNOW ITEM 11 NEEDS TO BE PULLED.
DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA ITEMS 4-10 AND 12-19?
>> SECOND BY SEAN. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 5-0.
[Preliminary Plat: University Village, Phase 1 (PP24-0007)]
RANDRA WILL COME UP HERE AND SPEAK TO US ON ITEM 11.>> THANK YOU, CHAIR AND MEMBERS OF THE COMMISSION.
ITEM 11 THAT HAS BEEN PULLED THIS EVENING IS THE PRELIMINARY PLAT FOR UNIVERSITY VILLAGE PHASE 1.
AT THE TIME WHEN THE AGENDA WAS FINALIZED, THERE WAS A TRAIL THAT WAS BEING SHOWN THROUGH AN UTILITY EASEMENT AND SO WE HAVE BEEN MADE AWARE THAT THE UTILITY COMPANY IS NOT OKAY WITH THE EASEMENT BEING THERE.
THE EASEMENT HAS SINCE BEEN REMOVED, AND YOU HAVE THE UPDATED EXHIBITS BEFORE YOU THIS EVENING.
WE ARE BRINGING THAT TO YOUR ATTENTION AND MAKING A RECOMMENDATION FOR APPROVAL WITH THE UPDATED EXHIBITS BEFORE YOU.
>> THANK YOU. WHAT'S BEING PROPOSED? IS THERE A MOTION TO APPROVE ITEM 11 WITH THE UPDATED ITEM SHOWING THE UPDATED EASEMENT?
>> I'LL MOVE TO APPROVE CONSENT AGENDA ITEM NUMBER 11.
>> I LIKE YOUR WORDING. WITH THE UPDATED EASEMENTS.
>> YES. I'VE GOT A MOTION BY BRITTANY.
>> SECOND BY TIFFANY. ALL IN FAVOR?
>> ANY OPPOSED? MOTION PASSES 5-0.
TONIGHT, WE HAVE FOUR PUBLIC HEARINGS ON THE AGENDA,
[Public Hearing - Replat: Artistry at Edgestone, Block A, Lot 1 (RP24-0030)]
AND I WANT TO REVIEW THE PROCESS.EACH PUBLIC HEARING ITEM IS PERCEIVED BY STAFF INTRODUCTION OF THE REQUESTS.
THE APPLICANT IS THEN PERMITTED 10 MINUTES TO MAKE HIS OR HER PRESENTATION TO THE COMMISSION.
FOLLOWING QUESTIONS OF THE STAFF AND THE APPLICANT BY THE COMMISSION.
THOSE WISHING TO SPEAK ARE WELCOME TO ADDRESS THE COMMISSION.
[00:05:01]
ALL SPEAKERS, INCLUDING THE APPLICANT, NEED TO COMPLETE A BLUE SPEAKER CARD AND PROVIDE IT TO THE ADMINISTRATIVE ASSISTANT.THEY'RE ORGANIZED GROUPS AND ATTENDANCE, WE SUGGEST THAT YOU SELECT REPRESENTATIVES FOR YOUR POSITIONS.
PLEASE AVOID REPEATING WHAT HAS BEEN STATED BY PREVIOUS SPEAKERS, OTHER THAN TO STATE THAT YOU AGREE WITH THEIR COMMENTS.
THE TIME LIMIT IS FIVE MINUTES PER SPEAKER TO ENSURE EVERYONE HAS A CHANCE TO SPEAK.
THE COMMISSION MEMBERS CAN VOTE TO LIMIT SPEAKING TIME IF A LARGE VOLUME OF PEOPLE ARE WISHING TO SPEAK.
PLEASE NOTE THAT YOU ONLY HAVE ONE OPPORTUNITY TO SPEAK.
REPEAT APPEARANCES TO THE PODIUM ARE NOT PERMITTED.
AFTER ALL PERSONS HAVE BEEN GIVEN THE OPPORTUNITY TO SPEAK, THE PUBLIC HEARING PORTION OF THE CASE WILL BE CLOSED, AND NO FURTHER TESTIMONY WILL BE PERMITTED UNLESS THE CASE IS TABLED TO A FUTURE DATE, AND THE COMMISSION INCLUDES IT IN THEIR MOTION TO CONTINUE THE PUBLIC HEARING TO A FUTURE MEETING.
AFTER CLOSING THE PUBLIC HEARING, MEMBERS OF THE COMMISSION MAY HAVE FURTHER QUESTIONS FOR THE STAFF OR THE APPLICANT.
PLEASE NOTE THE PLANNING AND ZONING COMMISSION ONLY MAKES A RECOMMENDATION REGARDING THE CASE UNLESS THE COMMISSION DISAPPROVES THE CASE, THE APPLICANT DOES NOT APPEAL THE DISAPPROVAL.
FINAL ACTION REQUIRES A PUBLIC HEARING BY CITY COUNCIL.
YOU ARE ENCOURAGED TO CONTACT THE DEVELOPMENT SERVICES STAFF AS TO WHEN THE CASE WILL BE CONSIDERED BY CITY COUNCIL.
WITH THAT, WE'LL JUMP INTO OUR FIRST ONE, WHICH WILL BE ITEM 20, PUBLIC HEARING R PLAT ARTISTRY AT EDGEWOOD BLOCK A LOT 1 RP24-0030 OWNERS ARTISTRY SENIOR RESIDENTS AT EDGEWOOD, LLC.
>> EDGE STONE. I KNOW DEVELOP MAGE.
THANK YOU FOR CRATING. YES, LULU.
>> GOOD EVENING, COMMISSIONERS.
THE ITEM, RP24-0030 WAS SUMMATED ON OCTOBER 14, 2024.
THE APPLICANT NEEDS ADDITIONAL TIME TO ADDRESS STAFF'S COMMENTS AND IS REQUESTING A 30 DAY EXTENSION AS PERMITTED UNDER HOUSE BILL 3167 TO ALLOW FOR ADDITIONAL CHANGES TO BE MADE TO THE PLAN.
STAFF RECOMMENDED THAT THE PLANNING AND ZONING COMMISSION APPROVE THE APPLICANT'S 30 DAY EXTENSION REQUEST, CONTINUED A PUBLIC HEARING AND TABLED ITEM TO THE NOVEMBER 26TH PLANNING AND ZONING COMMISSION MEETING. THANK YOU.
>> GREAT. THANK YOU. IS THE APPLICANT HERE AND ARE THEY WISHING TO SPEAK? THIS IS A PUBLIC HEARING. DO YOU HAVE A MOTION TO OPEN PUBLIC HEARING?
>> MOTION OPEN PUBLIC HEARING?
>> SECOND BY STEVE. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 5-0.
THIS APPLICANT HAS REQUESTED EXTENSION OF 30 DAYS TO NOVEMBER 26.
I THINK WAS THE REQUEST TO CONTINUE THE PUBLIC HEARING.
YOU NOT CLOSE IT. ARE THERE ANY QUESTIONS FOR STAFF BEFORE I ENTERTAIN A MOTION?
>> MOVE TO CONTINUE THE PUBLIC HEARING TO APPROVE THE 30 DAY EXTENSION REQUEST AND TABLED THE ITEM TO NOVEMBER 26TH, 2024.
>> I'VE GOT A MOTION BY BRITTANY.
>> SECOND BY TIFFANY. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 5-0.
CONGRATULATIONS THAT ITEM HAS BEEN TABLED TO NOVEMBER 26TH OF 2024.
[Public Hearing - Specific Use Permit: Cobb Business Park (SUP24-0010)]
ITEM 21, WILL TAKE A MOMENT BEFORE I READ IN.LET IT BE NOTED THAT SEAN MERRILL COMMISSIONER IS IS STEPPING OUT, RECUSING HIMSELF FOR THIS ONE.
ITEM 21, PUBLIC HEARING SPECIFIC USE PERMIT COBB BUSINESS PARK, SUP24-001 OWNERS MILLER MUFFLER AND SUSPENSION.
NO, THAT'S ALL IT IS SORRY. THANK YOU.
>> THANK YOU, MR. CHAIR. COMMISSIONERS, BEFORE YOU ALL THIS EVENING IS A REQUEST FOR A SPECIFIC USE PERMIT FOR A MAJOR AUTOMOBILE FACILITY.
BASED ON THE APPLICANT'S BUSINESS MODEL, WHICH I WILL DISCUSS FURTHER HERE IN A MOMENT, IT HAS BEEN CLASSIFIED AS MAJOR AUTOMOBILE REPAIR.
SO PLAN DEVELOPMENT 97 WHICH IS THE ZONING ON THIS PROPERTY DOES PERMIT BOTH MAJOR AND MINOR AUTOMOBILE REPAIR BY APPROVAL OF AN SUP.
THOSE DEFINITIONS ARE BOTH MAJOR AND MINOR AUTOMOBILE REPAIR WERE INCLUDED IN THE STAFF REPORT FOR YOUR REVIEW, BUT I WOULD LIKE TO READ THE DEFINITION OF MAJOR AUTOMOBILE REPAIR.
MAJOR AUTOMOBILE REPAIR PER THE ZONING ORDINANCE IS GENERAL REPAIR OR RECONDITIONING OF ENGINES, AIR CONDITIONING SYSTEMS, AND TRANSMISSIONS FOR AUTOMOBILES, WRECKER OR TOWING SERVICE WITH ON SITE STORAGE OF VEHICLES, COLLISION SERVICES, INCLUDING BODY, FRAME, OR FENDER STRAIGHTENING OR REPAIR, CUSTOMIZING, PAINTING, VEHICLE, STEAM CLEANING, TIRE RETREADING, INSURANCE ESTIMATIONS WITH ON SITE STORAGE, UNDERCOATING, AND RUST PROOFING AND OTHER SIMILAR USES.
[00:10:04]
WITHIN THE STAFF REPORT, I SUMMARIZED WHAT THE APPLICANT'S INTENDED BUSINESS MODEL IS.TO SUMMARIZE THAT, THE APPLICANT HAS STATED THAT THEY SELL AND DISTRIBUTE PARTS FOR THE CUSTOMIZATION OF VEHICLES, PRIMARILY ON THE RETAIL SIDE, SELLING PARTS TO CUSTOMERS OVER THE COUNTER FOR INSTALLATION ON VEHICLES, RETAIL COMPONENTS INCLUDE, BUT ARE NOT LIMITED TO LIFT KITS, MUFFLERS, HITCHES, LIGHTS, OFF ROAD ACCESSORIES, LOWERING KITS, AND CUSTOM EXHAUST BUILDS.
ANY REPAIR INSTALL DIRECTLY CORRELATES TO THE RETAIL SIDE.
THE APPLICANT HAS FURTHER STATED THAT THEY DO NOT DO OIL CHANGES, MOTORS, TRANSMISSIONS, GEARS, TIRE DISPOSAL, OR BODY WORK.
IN LIGHT OF WHAT THE APPLICANT'S PROPOSED BUSINESS MODEL IS, AS I SAID, IT DOES FALL WITHIN THAT CLASSIFICATION OF MAJOR AUTOMOBILE REPAIR, BECAUSE WITHIN MAJOR AUTOMOBILE REPAIR, YOU DO HAVE CUSTOMIZING, KEY WORD CUSTOMIZING.
HOWEVER, THE APPLICANT HAS AGREED TO A MODIFIED DEFINITION.
THE MODIFIED DEFINITION SHOULD THIS CASE BE APPROVED, WOULD BE TIED DOWN VIA ORDINANCE.
THE APPLICANT IS PROPOSING TO STRIKE EVERYTHING WITHIN THE MAJOR AUTOMOBILE REPAIR DEFINITION, EXCEPT THE WORD CUSTOMIZING.
TO REITERATE WHAT THAT MEANS, THE APPLICANT IS AGREEABLE TO STRIKE GENERAL REPAIR OR RECONDITIONING OF ENGINES, AIR CONDITIONING SYSTEMS, AND TRANSMISSIONS FOR AUTOMOBILES, WRECKER OR TOWING SERVICE WITH ONSITE STORAGE OF VEHICLES, COLLISION SERVICES, INCLUDING BODY, FRAME, OR FENDER STRAIGHTENING, OR REPAIR, PAINTING, VEHICLE STEAM CLEANING, TIRE RETREADING, INSURANCE ESTIMATIONS WITH ONSITE STORAGE, UNDERCOATING AND RUST PROOFING AND OTHER SIMILAR USES.
ALL OF THOSE ELEMENTS THAT ARE TYPICALLY PART OF MAJOR AUTOMOBILE REPAIR ARE PROPOSED TO BE STRUCK, AND THAT WOULD BE TIED DOWN IN THE ORDINANCE.
PLANNING STAFF DID REVIEW THIS WITH CODE ENFORCEMENT.
SHOULD THIS BE APPROVED, THIS IS ENFORCEABLE.
THE ORDINANCE WOULD HAVE ENOUGH TEETH FOR CODE ENFORCEMENT TO GO OUT AND ENFORCE THAT.
STAFF DID MAIL PUBLIC HEARING NOTICES TO SURROUNDING PROPERTY OWNERS IN ACCORDANCE WITH STATE LAW.
AT THE TIME THE PACKET WAS PUBLISHED, THE CITY HAD RECEIVED 30 PROJECT INPUT FORMS OPPOSED TO THIS REQUEST, AND 18 PROJECT INPUT FORMS IN FAVOR OF THIS REQUEST.
SINCE THE PACKET WAS PUBLISHED, THE CITY HAS RECEIVED ADDITIONAL PROJECT INPUT FORMS, MANY OF WHICH WERE PROVIDED TO THE COMMISSION EARLIER TODAY.
THAT ACCOUNTED FOR 12 ADDITIONAL PROJECT INPUT FORMS IN SUPPORT OF THE REQUEST, AND THEN ALL OTHERS IN OPPOSITION.
STAFF HAS REVIEWED THIS SPECIFIC USE PERMIT REQUEST IN ACCORDANCE WITH THE CRITERIA THAT IS USED IN EVALUATING SPECIFIC USE PERMIT REQUEST.
AS NOTED WITHIN THE STAFF REPORT, IT IS FOUND TO MEET ALL OF THOSE CRITERIA.
CRITERIA, INCLUDING PAVING OF STREETS, ALLEYS, AND SIDEWALKS, MEANS OF INGRESS AND EGRESS TO PUBLIC STREETS, PROVISIONS FOR DRAINAGE, ADEQUATE OFF STREET PARKING, PROTECTIVE SCREENING, LANDSCAPING, AND OPEN SPACE AREA OF SECURE LIGHTING, THE LIGHTS, SORRY, THE LOCATION AND HEIGHTS OF THE STRUCTURES COMPLY, AS WELL AS THE ARCHITECTURAL COMPATIBILITY OF THE BUILDINGS.
HOWEVER, ONE ITEM THAT I WOULD LIKE TO POINT OUT IS THE AREA IN YELLOW HERE IS THE AREA PROPOSED FOR THIS MAJOR AUTOMOBILE REPAIR SUP.
THIS IS ONE BUILDING WITHIN THE COBB BUSINESS PARK DEVELOPMENT.
UNFORTUNATELY, THE SYSTEM IS NOT WORKING THIS EVENING, BUT THIS WHOLE AREA, THESE SEVEN BUILDINGS HERE ARE THE COBB BUSINESS PARK DEVELOPMENT.
THIS SUP, THIS USE WOULD ONLY GO WITHIN BUILDING 6 OF THIS OVERALL DEVELOPMENT.
PER THE ZONING ORDINANCE, ALL AUTOMOBILE RELATED USES ARE TO BE A MINIMUM OF 250 FEET FROM RESIDENTIAL DEVELOPMENT.
FROM THE BOUNDARY OF THE SUP REQUEST TO THE NEAREST RESIDENTIAL LOT, THAT IS RIGHT AT 200 FEET EVEN.
WHILE IT DOES FALL SHORT BY 50 FEET,
[00:15:03]
IT'S IMPORTANT TO NOTE THAT THERE IS ONE BUILDING, AN ADDITIONAL BUILDING BUILDING 7 AND A COLLECTOR NORTH COUNTY ROAD BETWEEN THE RESIDENTIAL DEVELOPMENT AND THE PROPOSED SUP.ALSO IMPORTANT TO NOTE THAT THIS SINGLE FAMILY TO THE ZONING IN TO THE EAST WAS IN PLACE PRIOR TO PLAN DEVELOPMENT 97 BEING ADOPTED.
PLAN DEVELOPMENT 97 IS THE PLAN DEVELOPMENT ZONING IN THIS AREA THAT DOES ALLOW THIS USE UPON APPROVAL OF AN SUP.
THIS ITEM IS RECOMMENDED FOR APPROVAL THIS EVENING, SUBJECT TO THE SITE PLAN SHOWN IN EXHIBIT B.
THE SITE SHALL DEVELOP IN ACCORDANCE WITH THE FACADE PLANS SHOWN IN EXHIBIT C, AS SHOWN HERE.
THE DEFINITION OF MAJOR AUTOMOBILE REPAIR SHALL BE MODIFIED TO ONLY INCLUDE CUSTOMIZING, AS I DISCUSSED.
IT'S ALSO IMPORTANT TO NOTE THAT ALL OUTDOOR STORAGE OF VEHICLES SHALL BE PROHIBITED.
THAT IS ANOTHER ITEM THAT THE APPLICANT HAS AGREED TO AND WILL BE TIED DOWN BY ORDINANCE, THAT THERE WILL BE NO OUTDOOR STORAGE OF VEHICLES.
IN THE RARE CHANCE, AGAIN, ACCORDING TO THEIR BUSINESS MODEL, THEY'VE STATED, WORST CASE SCENARIO TAKES, ALL AFTERNOON TO DO THE WORK.
HOWEVER, IN THE RARE OCCURRENCE THAT A VEHICLE DOES STAY OVERNIGHT, IT WOULD HAVE TO BE INSIDE, NO OUTDOOR STORAGE.
THE ITEM IS RECOMMENDED FOR APPROVAL THIS EVENING, AND I'M HAPPY TO ANSWER ANY QUESTIONS.
>> I HAVE A FEW QUESTIONS. PEOPLE HAVE QUESTIONS OR THEY WANT TO LET THE APPLICANT GO FIRST?
>> I'VE GOT A TECHNICAL QUESTION FOR JONATHAN, FOR THIS SPECIFIC USE PERMIT, IF THE APPLICANT WERE TO CHANGE IF THE PERSON WHO HAS GRANTED THIS SUP, IF THAT COMPANY WERE TO CHANGE IN THE NEXT FEW YEARS IN THE FUTURE, DOES THE SUP RUN WITH THE LAND, WITH THE PROPERTY AND CONTINUE ON TO THE NEXT OPERATOR?
>> THE SUP DOES RUN WITH THE LAND.
YES.. ANOTHER OPERATOR COULD COME IN AND OPERATE IT.
HOWEVER, THEY WOULD BE REQUIRED TO OPERATE IT IN THE MANNER TIED DOWN THE SUP.
FOR EXAMPLE, WE TIE DOWN THIS MODIFIED DEFINITION.
THEY TOO COULD ONLY DO CUSTOMIZING UNLESS THEY WERE TO COME BACK BEFORE THE CITY AND GET A NEW SUP.
>> ANY QUESTIONS AT THE MOMENT?
>> [NOISE] IS THE APPLICANT HERE AND DO THEY WISH TO PRESENT?
>> YES, I'M HERE, IF ANYBODY HAS ANY QUESTIONS.
>> IF YOU'LL COME UP, YOU DON'T HAVE TO PRESENT, BUT IF YOU JUST GIVE US NAME, ADDRESS, AND THEN YOU CAN TELL US YOU'RE HERE TO ANSWER QUESTIONS OR IF ANYTHING YOU WANT TO SHARE, THEN YOU MAY GET PULLED UP LATER.
>> YES. MY NAME IS CARTER FERGUSON. I'M THE APPLICANT.
MR. HUBBARD DID A WONDERFUL JOB OF PRESENTING THAT TO YOU GUYS FOR ME.
>> IF YOU HAVE A BUSINESS ADDRESS, GIVE US AN ADDRESS.
>> THERE'S ADDRESSES ALL OVER, BUT I LIVE IN CASTLE HILL.
MY HOME ADDRESS IS 2710, SIR BEDIVERE LANE IN LEWISVILLE.
LIKE I SAID, MR. HUBBARD DID A GREAT JOB OF PRESENTING TO YOU GUYS WHAT EXACTLY WE'RE TRYING TO DO.
WE ARE OWNER OPERATORS. WE'RE A SMALL BUSINESS.
WE'VE BEEN IN LEWISVILLE FOR OVER 30 YEARS.
WE JUST OPENED OUR SECOND SHOP ABOUT THREE YEARS AGO IN DALLAS.
WE ARE COMMITTED TO GROWTH HERE, BUT WE'RE ALSO VERY COMMITTED TO KEEPING A CLEAN AND TIDY OPERATION, THAT'S VERY REPRESENTATIVE OF WHAT WE ARE.
I READ A LOT OF THE CONCERNS THAT PEOPLE IN THE NEIGHBORHOOD'S SURROUNDING HAS HAD, AND I FEEL LIKE A LOT OF IT IS TIED TO THE OVERALL GENERAL COMMERCIAL ZONING AND CONSTRUCTION THAT HAS HAPPENED BEHIND THEM.
I DON'T NECESSARILY FEEL LIKE IT IS REASONABLE TO HOLD US ACCOUNTABLE FOR THAT.
WE ARE IN THE RIGHT ZONING, WE'RE ALLOWED TO DO WHAT WE'RE DOING THERE.
I WOULD JUST APPRECIATE YOU ALL'S CONSIDERATION IN LETTING US MOVE FORWARD WITH THIS.
>> GREAT. I KNOW I'VE GOT A QUESTION. [OVERLAPPING]
>> I ALWAYS MENTION COMPETITORS, BUT AS I SEARCH OUR CITY OR EVEN SURROUNDINGS OF WHAT IT WOULD BE COMPARED TO, THE CLOSEST THAT FROM WHAT I READ, YOUR COMPANY, IT WAS THE 4 WHEEL W PARTS RIGHT OFF OF 121, RIGHT IN FRONT OF THE MALL.
WOULD YOU SAY YOU'RE SIMILAR TO THAT BUSINESS OR NOT?
>> THAT JUST SEEMED LIKE IF SOMEONE WAS TO GO, WHAT TYPE OF BUSINESS? IT FELT LIKE, FROM HOW YOU DESCRIBED IT, THE 4WP OR WHAT'S IT CALLED? FOUR WHEEL PARTS.
>> THAT WOULD BE A GOOD COMPARABLE. YES, SIR.
>> THANK YOU AT THIS TIME. ANY QUESTIONS BEFORE HE SITS DOWN? OR WE CAN PULL HIM BACK UP.
CAN YOU JUST EXPLAIN TO THE AUDIENCE HOW MANY SURFACE BAYS ARE THERE OR HOW MANY DOORS ARE THERE TO THE OUTSIDE?
>> IT'S DESIGNED TO BE AN INSIDE UNIT, SO EVERYTHING WILL HAPPEN ON THE INTERIOR BUILDING. THERE'S TWO BAYS.
ONE WOULD BE AN ENTRANCE, AND THEN THE OTHER, WE'RE NOT GOING TO USE IT FOR CARS WHATSOEVER.
[00:20:03]
YES, SIR. THERE IT IS. THE LEFT SIDE OF THE BUILDING WOULD BE WHERE ALL OF THE WORK WOULD HAPPEN AND LIKE I SAID, IT WOULD BE INSIDE OF THE BUILDING.THAT'S AN ENTRANCE AND AN EXIT RIGHT THERE. YES, SIR.
>> IN YOUR OTHER LOCATIONS, HOW CLOSE ARE YOU TO, SAY, A HIGHWAY VERSUS IN THIS SITUATION, YOU'RE REALLY CLOSE TO A RESIDENTIAL STREET.
I'M REALLY TRYING TO PICTURE THE PEOPLE RIGHT AFTER THEY GET THEIR MODIFICATIONS, AND THEY'RE SUPER EXCITED ABOUT TESTING OUT THEIR NEW EXHAUST.
HOW CLOSE ARE YOUR OTHER LOCATIONS TO EITHER HIGHWAY VERSUS A RESIDENTIAL AREA?
>> MY DALLAS LOCATION SITS ON TOP OF GEORGE BUSH.
YOU COULD KICK A SOCCER BALL TO IT.
OUR LEWISVILLE LOCATION, THERE'S PROBABLY ABOUT 150 FEET TO A RESIDENTIAL AREA.
IT'S SEPARATED BY A ROAD, VERY SIMILAR TO NORTH COUNTY, SO THERE'S ABOUT 150 FEET OR SO BETWEEN US AND THE FIRST RESIDENTIAL HOUSE. YES, MA'AM.
>> IS THAT THE CLOSEST? IN THAT LOCATION, IF YOU VISUALIZE, IS THAT THE ROAD THAT MOST CUSTOMERS WOULD LEAVE AND THEN GO, AGAIN, DRIVE ON ONCE THEY HAVE THEIR CAR PICKED UP FROM YOU?
>> WOULD PROBABLY BE ACCURATE. YES, MA'AM, NORTH COUNTY.
THE ROAD RIGHT BEHIND US, I'M NOT SURE IF IT'S EVEN NAMED EXACTLY YET.
I DON'T KNOW IF THAT WOULD BE A MAJOR ENTRANCE OR EXIT, WHICH WOULD TAKE YOU TO ALL STAR BECAUSE ALL STAR WOULD BE THE NEXT MAJOR ROAD THAT PEOPLE WOULD COME IN AND OUT OF.
>> I THINK YOU MIGHT GET CALLED BACK UP, BUT I THINK WE'LL GO INTO PUBLIC HEARING AND PROBABLY HAVE SOME QUESTIONS FOR YOU. [OVERLAPPING]
>> DO WE HAVE A MOTION TO OPEN PUBLIC HEARING?
>> SECOND BY STEVE. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES, 4, 0.
WE ARE NOW PUBLIC HEARING FOR ITEM 21.
I THINK STEVE'S GO TO READ OUT SOME OF THESE.
>> WE'LL JUST HAVE A TIMER, YOU'VE GOT FIVE MINUTES TO SPEAK.
>> THESE ARE IN NO PARTICULAR ORDER. WELL, WE'VE GOT THESE CARDS HERE THAT WERE HANDED TO US.
THE FIRST PERSON WE HAVE IS KIM MARTIN, AND THE PERSON WHO'S ON DECK AFTER THAT IS ROBERT NORRIS.
>> CAN YOU START, EACH PERSON, WITH YOUR NAME AND ADDRESS?
I'M AT 11039 FIREFLY LANE, AND I AM ON THE HOA BOARD FOR MEADOW HILL ESTATES.
THIS BUSINESS WILL BE LOCATED, AS YOU SAID, ABOUT 200 FEET FROM THE CLOSEST HOUSE IN OUR NEIGHBORHOOD.
NORTH COUNTY IS NOT NORMALLY A NOISY STREET, EXCEPT AT RUSH HOUR.
MY QUESTION WOULD BE, HOW MUCH NOISE WILL THIS PLACE GENERATE? WHAT KINDS OF NOISES WILL THEY BE? HOW MANY DECIBELS WILL THEY BE? WILL IT BE HAMMERING? WILL IT BE AIR GUNS? WHAT WILL IT BE? I THINK THERE HAVE BEEN SEVERAL NEIGHBORS OBJECTING TO THIS IN CASUAL CONVERSATION JUST BECAUSE OF THE PROXIMITY.
THE CODE WAS WRITTEN THAT THIS TYPE OF A BUSINESS NEEDS TO BE 250 FEET AWAY FROM THE NEAREST NEIGHBORHOOD.
THE CODE IS THERE FOR A REASON, AND 50 FEET FEWER IS 50 FEET FEWER.
IT DOES NOT MEET THE CODE, AND SO I WOULD REQUEST THAT WE ADHERE TO THE CODE FOR THE SAKE OF THE PROPERTY VALUES IN OUR NEIGHBORHOOD AND FOR THE SAKE OF THE PEACE OF OUR NEIGHBORHOOD.
THAT'S ALL I HAVE TO SAY. THANK YOU.
>> THEN ON DECK IS EVELYN VILLARREAL.
>> GOOD EVENING. MY NAME IS ROBERT NORRIS.
I LIVE AT 9420 MIMOSA ROAD, WHICH IS JUST A LITTLE BIT SOUTH OF THIS LOCATION.
I JUST WANT TO SPEAK ON BEHALF OF THE APPLICANT.
I'M A LIFELONG RESIDENT OF FRISCO, AND I FIRST MET CARTER A FEW MINUTES AFTER HE WAS BORN, AND I WATCHED HIM GROW INTO A VERY SUCCESSFUL BUSINESSMAN.
HE'S A GOOD CITIZEN, A GOOD FAMILY MAN, A GOOD FATHER, AND THEY RUN A GOOD CLEAN SHIP.
LITTLE HISTORY, HIS FAMILY MOVED TO FRISCO IN THE LATE '70S AND HIS GRANDDAD STARTED THE AUTOMOTIVE BUSINESS, AND THEY'VE HAD SEVERAL LOCATIONS.
NEVER BEEN IN FRISCO, BUT THEY'VE BEEN IN MCKINNEY, LEWISVILLE, EULESS.
THEN HIS DAD TOOK OVER THE BUSINESS, AND THEN CARTER'S THIRD GENERATION IS RUNNING THE BUSINESS TODAY.
I'VE BEEN REAL PROUD OF HIM, GOOD BUSINESSMAN.
WE NEED A GOOD SHOP IN FRISCO THAT'S LOCALLY OPERATED AS FAMILY LIVES IN THE COMMUNITY WHERE WE DON'T HAVE TO DEAL WITH THE BIG CORPORATIONS AND THE CHAINS.
I DON'T KNOW IF I SHOULD SAY THIS OR NOT, BUT [NOISE] CARTER'S BROTHER NICK WORKS IN THE BUSINESS TOO,
[00:25:01]
AND HE LIVES IN MEADOW HILL ESTATES.NICK WILL BE MANAGING THIS LOCATION, SO HE HAS AN INTEREST IN THEIR IMAGE AND GETTING ALONG WITH THE NEIGHBORS.
WITH THAT HISTORY, I JUST WANT TO GO ON RECORD AND SAY I SUPPORT IT, AND HOPE YOU ALL WILL APPROVE IT.
>> THANK YOU. EVELYN VILLARREAL, AND THEN ON DECK IS GOING TO BE NICHOLAS FERGUSON.
>> HI. MY NAME IS EVELYN VILLARREAL, AND I LIVE AT 7419 CHINABERRY LANE, WHICH IS DIRECTLY ACROSS THE STREET.
WHEN EVEN THE CHURCH CAME IN, WE HAVE NOISE THAT WE HEAR.
THE BASE IS UNBELIEVABLE, WE'VE HAD TO CALL THE POLICE.
EVERYONE'S TALKED ABOUT IT ON OUR FACEBOOK PAGE.
THEN YOU ALSO HAVE MILITARY VETERANS WHO LIVE THERE, MY HUSBAND'S A EX-MILITARY.
CERTAIN KINDS OF NOISES AND PITCHES.
I, MYSELF, HAVE TINNITUS, MENIERE'S.
WHEN WE'VE CALLED NONEMERGENCY LINES, WE'VE BEEN TOLD, WELL, WHAT IS IT YOU'RE HEARING? YOU'RE HEARING BASE, AND THAT IS FROM A CHURCH.
NOW, AT OUR HOME IN MEADOW HILL ESTATES, WE CAN HEAR THE ENGINES RUBBING UP, THE MUFFLERS.
WE CAN HEAR THEM ON ELDORADO, WE CAN HEAR THEM ON NORTH COUNTY ROAD, WE CAN HEAR THEM ON THE TOLLWAY FROM OUR HOME.
YOU WANT TO PUT THEM A BLOCK AWAY.
NO TELLING WHAT WE'RE GOING TO HEAR.
IF YOU SAY, YOU HAVE TO BE A US CITIZEN TO VOTE IN THE UNITED STATES, NOW WE'RE GOING BACK TO LENIENCY.
YOU HAVE 250 FEET, NOW YOU'RE GOING BACK TO 200.
I DON'T UNDERSTAND, FIRST OF ALL, WHY WE'RE HERE BECAUSE IT'S NOT EVEN WITHIN THE GUIDELINES.
IN EFFECT, YOU'RE LIKE, WE'RE HERE BECAUSE THEY'VE ALREADY PUT MACHINERY IS WHAT WE'RE HEARING.
I'M NOT UNDERSTANDING WHAT'S ACTUALLY HAPPENING.
IF THIS IS ACTUALLY MUFFLER CUSTOMIZATION, THEN JUST SAY THAT, EXPLAIN IT TO WHAT WE'RE GOING TO ACTUALLY BE HEARING, THE NOISE THAT WE'RE GOING TO BE HEARING.
CAN HE GIVE US AN EXAMPLE OF WHAT KIND OF NOISE WE'RE GOING TO HEAR? FIRST OF ALL, I DON'T KNOW HOW WE'RE EVEN HERE IN THE FIRST PLACE BECAUSE IT'S NOT EVEN WITHIN THE GUIDELINES, FIRST OF ALL.
I'M PRETTY SURE I SPEAK FOR A LOT OF OUR PEOPLE.
SITTING HERE, WE CAN HEAR IT ON THE TOLLWAY, SO I CAN'T IMAGINE JUST HEARING IT ACROSS THE STREET.
I'M PRETTY SURE IF YOU GET PEOPLE UP HERE FROM OUR NEIGHBORHOOD, YOU CAN SAY, YES, WE HEAR IT ON ELDORADO.
OUR KIDS WENT TO MEMORIAL HIGH SCHOOL, AND WHEN WE GO TO A HIGH SCHOOL, YOU COULD SEE ALL OF THE TREAD MARKS THAT THESE CARS LEAVE BEHIND.
I'M JUST SAYING THESE TYPES OF CARS THAT HAVE THE MUFFLERS THAT REV UP.
WE HAVE PICTURES, AND YOU CAN ASK THE FRISCO POLICE DEPARTMENT THAT WE'VE CALLED, AND WHY ARE THEY DOING DONUTS IN OUR NEIGHBORHOODS? THEY'RE LIKE, THEY DO IT IN THE MIDDLE OF THE STREET, WE CAN'T KEEP UP.
I'M LIKE, WELL, SURVEILLANCE OR SOMETHING.
I CAN'T IMAGINE SOMEONE THAT LIVES ON ELDORADO AND NORTH COUNTY ROAD AT THE NEW INTERSECTION, WHAT THEY HEAR.
IF WE'RE SITTING BACK, EVEN PAST THE PARK, WHAT ARE THEY HEARING? BUT IF WE CAN HEAR SOMETHING ON THE TOLLWAY, THEN IT BEING ACROSS THE STREET, THAT'S ABSURD.
I CAN'T BELIEVE THAT IT WOULD EVEN BE ALLOWED.
FIRST OF ALL, IT DOESN'T MEET THE GUIDELINES.
WE'RE NOT SAYING HE SHOULDN'T HAVE A BUSINESS.
HE COULD HAVE A BUSINESS SOMEWHERE ELSE OR MAYBE 100 FEET BEHIND HIS HOUSE OR SOMETHING.
I DON'T KNOW WHAT ELSE TO SAY.
>> BUT YOU HAVE TO ALSO CONSIDER THE MILITARY PEOPLE THAT CERTAIN PITCHES AND ENGINES AND NOISE TRIGGERS OUR MILITARY VETS.
IF YOU WANT TO SPEAK MORE ABOUT THAT, MY HUSBAND'S A VETERAN ON THE VFW.
>> JUST GOT ONE MINUTE. YOU CAN KEEP GOING. I JUST SAID YOU HAVE ONE MINUTE.
>> IF HE WANTS TO SHOW US WHAT HIS CUSTOMIZATION IS, THAT'D BE GREAT.
THAT WAY HE CAN SHOW IT TO EVERYONE WHILE WE'RE HERE.
[00:30:06]
>> HI, MY NAME'S NICHOLAS FERGUSON.
I LIVE AT 7734 THISTLETREE LANE, WHICH IS ALSO IN MEADOW HILL ESTATES.
OBVIOUSLY, I HAVE A VESTED INTEREST IN WANTING US TO GO IN.
I WOULD LOVE TO NOT HAVE A 30-MINUTE DRIVE TO WORK EVERY DAY.
BEING ABLE TO WALK TO WORK WAS REALLY GREAT, SO I'M A LITTLE BIASED. I ADMIT THAT.
I DON'T THINK THAT THE THINGS I DO AT MY LEWISVILLE STORE NEGATIVELY IMPACT ON MY COMMUNITY OVER IN LEWISVILLE.
I HAVE DEALERS AROUND ME WHO SEND THEIR CUSTOMERS TO ME TO HELP THEM SAVE MONEY ON THEIR VEHICLES.
THE MAJORITY OF ONES THAT I PROBABLY DO TO MAKE LOUDER HAS SIGNIFICANTLY DECREASED IN MY LAST FOUR YEARS AS RUNNING THE MANAGER OF MY STORE THERE.
WE DO MORE OF THE CUSTOMIZATION, AS FAR AS LIFT KITS AND STUFF, AND HELPING PEOPLE SAVE MONEY ON OTHER THINGS.
I THINK THIS IS A REALLY GREAT BENEFIT FOR FRISCO FOR OUR NEIGHBORHOOD, AND I DO NOT THINK THAT WE'RE GOING TO NEGATIVELY AFFECT ANY OF MY NEIGHBORS ON THEIR QUALITY OF LIFE, ENJOYING THEIR HOMES, THEIR BACKYARDS, ANYTHING LIKE THAT. THANK YOU.
>> THANK YOU, NICHOLAS. UP NEXT, WE HAVE ANGELA WAITS.
THEN ON DECK, WE HAVE JOHN FERGUSON.
MY NAME IS ANGELA WAITS, AND I LIVE AT 7950 MEADOW HILL DRIVE.
I'M RIGHT AROUND THE CORNER FROM NORTH COUNTY.
WE HAVE LIVED THERE FOR ABOUT 10 YEARS, AND WE HAVE HAD ISSUES WITH NOISE DEFINITELY ON OUR STREET, PEOPLE SPEEDING, PEOPLE RUBBING THEIR ENGINES, PEOPLE JUST TAKEN OFF FROM ONE END TO THE OTHER.
I ALREADY KNOW WHAT THAT SOUNDS LIKE.
I IMAGINE THAT WHEN THEY GET THEIR NEW MUFFLER OR THEY GET THEIR NEW LIFT KIT OR WHATEVER THEY'VE ADDED TO SOUP UP THEIR CAR, THEY'RE GOING TO GET ON THE STREET, AND THEY'RE GOING TO TEST IT OUT.
I ALREADY GET THAT FROM MEADOW HILL, AND I FEEL LIKE I'LL BE GETTING THAT FROM NORTH COUNTY.
MY CONCERN IS THE NOISE AND THE SAFETY BECAUSE THAT AREA RIGHT THERE IS WHERE THE SCHOOL IS TOO.
THEY WALK HOME AT ALL TIMES DURING THE DAY, WHEN THEY LET OUT, AFTER THEIR ATHLETICS, AFTER ALL THEIR EVENTS AT SCHOOL.
THERE'S CONSTANTLY KIDS ON THAT STREET.
THAT STREET IS ALREADY PACKED, THAT CORNER IS ALREADY OVERWHELMED, AND I FEEL LIKE THIS WILL JUST BRING MORE CARS, THAT CRICKET CENTERS GOING IN. NOT A GOOD IDEA.
THAT CORNER IS JUST CRAZY, BUSY AS IT IS.
MY CONCERN IS THE TRAFFIC, THE SAFETY OF OUR CHILDREN, AND THE NOISE THAT IT'LL BRING WHEN PEOPLE ARE TRYING OUT THEIR NEW SOUPED UP CAR.
I GUESS MY OTHER THOUGHTS ARE TOO, WHAT PEOPLE HAVE ALREADY SAID, I'LL JUST REITERATE, 250 FEET WAS SET FOR A REASON.
THERE WAS A REASON THAT IT WAS MADE.
WHY ARE WE TRYING TO CHALLENGE IT? I GUESS THAT'S IT. I THINK THAT'S ALL. THANK YOU, GUYS.
>> THANK YOU, ANGELA. THAT BRINGS UP JOHN FERGUSON, AND THEN ON DECK IS DOUG EDWARDS.
>> JOHN FERGUSON, 8469 FAIR OAKS, FRISCO.
I'M IN THIS NEIGHBORHOOD LIKE A LOT OF PEOPLE ARE.
A COUPLE OF THE COMMENTS THAT WE'VE HEARD HERE, NOISE SEEMS TO BE A BIG THING.
WHAT IF YOUR MUFFLER FALLS OFF? WE PUT A NEW MUFFLER, AND WE MAKE YOUR CAR QUIET.
>> I'M SORRY. WE DO HAVE CUSTOMERS WHO MODIFY THEIR VEHICLES, THEY WANT MORE SOUND WITHOUT A DOUBT.
IT'S PROBABLY 30% OF OUR TOTAL BUSINESS BETWEEN FRONTING ALIGNMENTS, EXHAUST REPAIR, ACCESSORIES.
>> WE WORK EIGHT TO SIX MONDAY THROUGH FRIDAY.
THERE'LL BE NO SUNDAY NOISE, NO LATE EVENING, NO BASE.
WE DON'T HAVE A SPEAKER SYSTEM TO BOTHER OUR NEIGHBORS.
NOISE FROM OUR PROCESS OF REPAIRING VEHICLES.
ALMOST ALL OUR MECHANICS HAVE GONE TO BATTERY-OPERATED IMPACT WRENCHES, SO THERE'S NO AIR HAMMER NOISES GOING ON, THOSE KIND OF THINGS.
PEOPLE SPEED I COMPLAIN ABOUT MEADOW HILL ALSO.
TRAFFIC. WE PROBABLY ESTIMATE AT OUR LEWISVILLE STORE, WE PROBABLY DO 15-20 CARS A DAY.
IT'S NOT LIKE WE BRING IN 200 CARS OR LIKE THE CRICKET CENTER WOULD.
[00:35:02]
I HOPE I'VE ANSWERED SOME OF THE QUESTIONS Y'ALL HAVE IF YOU HAVE, I'D BE GLAD TO ANSWER SOME MORE, BUT THANK YOU.WE HAVE DOUG EDWARDS IS UP NEXT, AND THEN THIS IS SHERRY CAMACHO IS UP AFTER DOUG.
>> GOOD EVENING, FOLKS. I APPRECIATE THE TIME IN FRONT OF YOU.
I'M HERE TO OPPOSE THIS ZONING CHANGE.
NUMBER ONE REASON IS, AS EVERYONE HAS STATED, THIS WAS 250 FEET FOR A REASON.
BACK THERE, YOU FOLKS PLANNED THIS.
THE CITY PROVIDED THIS FOR US.
WHEN WE SAW THIS STRUCTURE BEING BUILT, IT WAS CAST AS A PROFESSIONAL OFFICE BUILDING IN THE SIGNAGE IN THE DELIVERY.
WE PUT UP WITH THE CONSTRUCTION FOREVER, JUST TO GET IT. THEN IT GOT DONE.
NOW THESE FOLKS, THEY HAVE EVERY RIGHT TO HAVE A BUSINESS ANYWHERE OUTSIDE OF 250 FEET, IS MY OPINION.
THERE'S PLENTY OF BUSINESSES OVER ON FRISCO STREET.
IT'S EASY FOR THEM AND THEY CAN TOUT IT ALL DAY LONG.
I HAVE NOTHING AGAINST TRYING TO MAKE A BUSINESS.
I HAVE A PROBLEM WITH HAVING FRIENDS, NEIGHBORS, MY SON, HIS CHILDREN, AND WE HEAR RACING.
HE ADMITTED THEY GOT LIFT KITS, BIG TRUCKS, BIG MUFFLERS, LOUD NOISE.
IT ALL COMES WITH LARGE MUFFLERS.
IN THIS VIEW RIGHT HERE, THE EASY IN AND OUT IS RIGHT OFF A NORTH COUNTY ROAD.
EXITING RIGHT THERE AND THEN TRYING TO MAKE FISHER ROAD IS GOING TO BE HAPHAZARD AT BEST BECAUSE THAT'S PROBABLY 100 FEET JUST IN ITSELF.
STARTING OFF THERE AT 251 FEET, I MEASURED IT MYSELF FROM OUR BACK DOOR.
I FORGOT TO GIVE YOU MY ADDRESS.
I'M THE CLOSEST NEIGHBOR TO THIS PLACE.
THE CHURCH, WE'VE COME TO GROW WITH THE CHURCH BECAUSE IT'S ON SUNDAY AND IT'S A PLACE OF WORSHIP.
THIS IS NOT, IN SOME MINDS, IT IS, BUT THIS IS NOT A PLACE OF WORSHIP.
I DON'T WANT TO TAKE EVERYBODY'S TIME, BUT I HAVE A RIGHT TOO.
I'VE GOT AN INVESTMENT, JUST LIKE ALL MY NEIGHBORS, AND WE WANT TO PROTECT IT.
HEY, GUESS WHAT? THERE'S ANOTHER BUILDING BEING BUILT RIGHT NEXT TO IT.
HOW ABOUT LOOKING AT THAT? I'D LIKE TO SPEAK ALSO.
I DO APPRECIATE THE NOTICE, OKAY, OR I WOULDN'T BE HERE.
I WOULDN'T HAVE KNOWN BECAUSE I DID LOOK AT THE PLANNING, THE BILLBOARD THAT WAS PUT OUT FRONT, BUT I DIDN'T PURSUE IT BECAUSE IT DIDN'T DAWN ON ME.
BUT THEN WHEN I GOT THE NOTICE IN THE MAIL, THANK YOU FOR DOING THAT.
BUT WHEN I WENT TO PURSUE THIS, THEY'VE ALREADY ERECTED HALF OF THEIR STUFF IS IN THE GARAGE.
IT'S GOING TO BE A BURDEN FOR THEM TO HAVE TO TAKE IT UP.
OBVIOUSLY, THE LEASE HAS BEEN PROVIDED.
THEY'VE ALREADY STARTED THE INSTALLATION OF ALL THEIR EQUIPMENT AND GUESS WHAT? A RATCHET HAMMER DRILL IS A NOISE IN ITSELF, WHETHER IT'S BATTERY OR AIR-DRIVEN.
PUTTING ALL THESE EXTRA LITTLE THINGS TO IT TO MAKE THE SALE IS NOT A GOOD SALE.
I WON'T WASTE ANY MORE OF YOUR TIME.
NEXT PERSON UP, WE HAVE I THINK IT'S SHERRY CAMACHO.
AND THEN ANDREW ERHART IS ON DECK.
I'VE LIVED AT THE CITY OF FRISCO ALL MY LIFE 44 YEARS, AND I'VE LIVED ON JUNIPER DRIVE SINCE 2008.
I JUST WANT TO HUMBLY ASK THAT YOU TAKE IN CONSIDERATION TO OPPOSE THIS PERMIT.
I'M VERY CONCERNED ABOUT, AGAIN, LIKE OTHER NEIGHBORS HAVE SAID, THE NOISE.
IT'S GOING TO BE TILL 6:00 P.M. WE'RE GOING TO BE HEARING THIS WHEN WE'RE COMING OUT OF WORK.
I DON'T SEE THE VALUE THAT IT'S GOING TO BRING TO THE NEIGHBORHOOD IN ITSELF.
IT'S NOT LIKE IT'S SOMETHING THAT'S REALLY NECESSARILY HELPFUL FOR THE RESIDENTS.
IT'S NOT LIKE IT'S A PHARMACY OR ANYTHING LIKE THAT.
I DO WORRY THAT THIS WILL BE AN OPEN DOOR TO MAKING THE NEIGHBORHOOD INCREASINGLY MORE INDUSTRIAL, AND THAT'S SOMETHING THAT I DON'T WANT TO SEE.
>> THANK YOU. NEXT, WE HAVE ANDREW ERHART, AND THEN THE LAST BLUE CARD WE HAVE IS CHUCK MARTIN.
IF ANYONE ELSE WOULD LIKE TO SPEAK, MAKE SURE YOU FILL OUT A BLUE CARD.
>> GOOD EVENING. YES. MY NAME IS ANDREW ERHART.
[00:40:01]
I LIVE AT 10529, WHISPERING PINES DRIVE IN MEADOW HILL ESTATES.I'VE LIVED IN MEADOW HILL ESTATES SINCE 2001, MOVING ONCE ABOUT 10 YEARS AGO WITHIN THE NEIGHBORHOOD.
WHEN I MOVED IN, WAS ACTUALLY PART OF THE HOA BOARD THROUGH THE TRANSITION FROM THE DEVELOPER.
AGREE WITH MOST OF THE COMMENTS ALL MY NEIGHBORS MAKE.
THAT'S IT. I'M ACTUALLY A PRETTY BIG CAR ENTHUSIAST MYSELF.
I KNOW THE NATURE OF THEIR BUSINESS.
I THINK WHEN THIS FIRST CAME OUT THERE WAS CONCERN IT WAS GOING TO BE MUCH MORE OF A REPAIR SHOP.
ONCE THE PACKET CAME OUT, UNDERSTOOD IT WAS A MODIFICATION SHOP, AND BY SEARCHING THE WEBSITE, ACTUALLY LOOKS THEY DO GOOD WORK.
I PROBABLY FREQUENT IT MYSELF FOR SOMETHING LIKE IT. I HAVE IN THE PAST.
THE ISSUE IS JUST THE LOCATION AND THE SERVICES THAT AND NOISE THAT COME FROM THOSE.
I DON'T WANT TO REITERATE ANYTHING ELSE, BUT I KNOW THERE WERE GREAT QUESTIONS MADE ABOUT EXAMPLE PROJECTS.
THERE'S NONE CLOSE TO THE ONE IN FRISCO THAT'S SIMILAR, ZONE 121.
YOU SEARCH THEIR LOCATIONS, ACTUALLY, LIST THREE IN GOOGLE MAPS, ONE ALONG GEORGE BUSH, BETWEEN I THINK A USED CAR DEALER AND A LOWES, THE OTHER ONE IN LOUISVILLE, IT'S ON THE MAIN STREET.
I THINK THERE'S A CREEK BETWEEN THEM AND THE HOMES.
THE THIRD LOCATION ACTUALLY IS ALREADY POSTED AS THIS FRISCO LOCATION, WHICH IS INTERESTING.
I KNOW THEY DO STATE THAT A LOT OF THEIR PART IS RETAIL SALES.
BUT IN THEIR SHOP THAT'S GETTING SET UP, THE VAST MAJORITY OF THAT IS SET UP TO BE INSTALLATION SERVICES IN THEIR BAYS.
I DON'T THINK MANY MUFFLERS FAIL ANYMORE OF THE QUALITY.
MOST OF IT IS FOR PERFORMANCE, AND A LOT OF THOSE SYSTEMS CAN PRODUCE AN EXCESS OF 90-100 DECIBELS THAT'S AT THE CAR.
NOT SURE WHAT THAT'S MEASURED FOR CODE COMPLIANCE REASONS.
THAT WOULD BE PROBLEMATIC, NOT JUST FOR MY NEIGHBORS, BUT ALSO EVEN THE BUSINESSES IN COB HILL.
THEY CAN STATE THE WORK'S DONE INSIDE THEIR SHOP, BUT WHEN THE CARS FIRE UP, THEY DON'T DO THAT WITH THE DOORS CLOSED OR INSIDE, THEY'RE GOING TO DO THAT OUTSIDE, MUCH LESS THE CUSTOMERS THAT DRIVE AWAY.
I KNOW THEY CAN'T CONTROL THAT.
BUT IT'S GOING TO HAPPEN BECAUSE I'VE SEEN IT IN OTHER SHOPS THAT WERE IN OTHER CITIES AND NOW MOVED OUTSIDE OF THAT.
I THINK THERE WAS MENTION OF A LOW PERCENTAGE OF THEIR BUSINESS, BUT YOU GO LOOK AT THEIR WEBSITE, MOST OF THEIR EXAMPLES OF THE SERVICES THAT PROVIDE ARE CUSTOM EXHAUST WITH SMALL OR NO MUFFLERS OR ACTIVE TYPE EXHAUST SYSTEMS. UNTIL THERE ARE CONCERNS THERE, AND THERE'S SEVERAL OTHERS HAVE I NOTED ABOUT CONSTRUCTION SEEMINGLY BEGINNING.
I REALIZE SOME OF THAT MAY HAVE BEEN IN THE FIT-OUT UNDER A CORN SHELL TYPE PERMIT FOR RECEPTION AREA, FOR EXAMPLE, BUT OUR LIST BOLTED TO THE FLOOR.
THE FACT IT'S SHOWN IN GOOGLE MAPS ALREADY MAKES IT FEEL TO US THAT THIS IS A FOREGONE CONCLUSION, WHICH IT SHOULD NOT BE.
I'D QUESTION THE VALIDITY OF CONSTRUCTION WORK PROCEEDING BEFORE PERMITS ISSUED, MUCH LESS SPECIFIC USE PERMIT.
I'D LIKE THAT TO BE ADDRESSED.
THAT SETS US OFF ON A BAD FOOT, AND MAKES US VERY HESITANT ABOUT ARE THEY REALLY GOING TO BE THE GOOD NEIGHBORS THEY PROMISE TO BE.
AGAIN, I HAVE NO ISSUE WITH THE TYPE OF BUSINESS.
AGAIN, ENJOY IT MYSELF, BUT NOT JUST THIS LOCATION.
I'D REQUEST THAT THIS NOT BE RECOMMENDED FOR APPROVAL. THANK YOU.
>> THANK YOU, MR. ERHART. NEXT UP, WE HAVE CHARLES CHUCK MARTIN, AND THEN ON DECK IS CYNTHIA THOMAS.
>> MY NAME IS CHUCK MARTIN, I LIVE AT 11039 FIREFLY LANE IN FRISCO, WHICH IS MEADOW HILL ESTATES.
MY WIFE IS ON THE BOARD, AND WE'VE LIVED THERE 22 YEARS.
I THINK THE OPPOSITION, FIRST OF ALL, I WOULD SAY, I'M OPPOSED TO ACCEPTING THIS SPECIAL USE PERMIT.
THE REASON FOR THAT HAS TO DO WITH CONCERNS ABOUT NOISE WHICH HAVE ALREADY BEEN ADDRESSED.
OBVIOUSLY A LEGITIMATE BUSINESS, THEY HAVE EVERY RIGHT TO OPERATE THEIR BUSINESS.
IT'S JUST THAT THAT'S IN VIOLATION TO THE CODES THAT ARE THERE.
I AM A LITTLE CONCERNED ABOUT THE PROCESS.
I'M GRATEFUL FOR THE NOTIFICATION, BUT MY WIFE AND I DID GO BY AND NOTICE THAT IT DOES AT LEAST GIVE THE APPEARANCE THAT THINGS ARE ALREADY BEING INSTALLED THERE.
ANYWAY, THOSE ARE CONCERNS THAT I HAVE.
IT'S ALREADY BEEN MENTIONED THAT MAYBE A THIRD OF THE BUSINESS IS ACTUALLY AN ENHANCEMENT OF THE SOUND OF THE MUFFLER,
[00:45:02]
BUT I WANT THEIR BUSINESS TO SUCCEED.BUT WHAT WOULD THE IMPACT OF THAT BE DAY AFTER DAY AFTER DAY IN OUR NEIGHBORHOOD? THAT'S MY PRIMARY CONCERN.
>> THANK YOU, MR. MARTIN. NEXT BLUE CARD WE HAVE IS CYNTHIA THOMAS.
THIS IS THE LAST BLUE CARD UNLESS SOMEONE ELSE WANTS TO COME FILL OUT A BLUE CARD.
COMING UP NEXT, WE HAVE CYNTHIA THOMAS.
>> WHILE SHE'S COMING UP, IF THERE'S ANYONE ELSE, WANT TO MAKE SURE THAT THEY HAD AN OPPORTUNITY, PLEASE FILL A CARD, OTHERWISE.
I'LL HAVE A MOTION TO CLOSE IT, BUT GO AHEAD.
I LIVE AT 10687 WATER CREST LANE.
I LIVE DOWN THE STREET FROM DOUG AND SO THIS IS IN MY BACKYARD, TOO, BUT I DID NOT RECEIVE ANY NOTIFICATION LIKE HE DID.
I'M VERY DISAPPOINTED IN THAT.
BUT I WANTED TO POINT OUT ONE THING THAT HAS NOT BEEN BROUGHT UP IS THERE'S A DAYCARE.
THOSE KIDS ARE GOING TO BE PLAYING OUT OUTSIDE DURING THE DAY.
THE NOISE COULD BE AN ISSUE THERE.
THERE IS A BUILDING IN BETWEEN THIS SITE AND THE DAYCARE, BUT IT IS VERY CLOSE BY.
MY CONCERN IS WHAT HAS ALREADY BEEN STATED TONIGHT, ESPECIALLY THE WHY ARE WE MAKING AN ALLOWANCE FOR 200 FEET WHEN THE REGULATION SAYS 250 AND ALL THE CONCERNS.
JUST ONE MORE NEIGHBOR THAT'S CONCERNED. THANK YOU.
>> IS THERE ANYONE ELSE BEFORE WE TAKE A MOTION? WE HAVE A MOTION TO CLOSE PUBLIC HEARING?
>> MOVE TO CLOSE PUBLIC HEARING.
>> MOTION BY BRITTANY. SECOND BY TIFFANY. ALL IN FAVOR?
>> ANY OPPOSED? MOTION PASSES 4,0.
PUBLIC HEARING PORTION HAS BEEN CLOSED FOR ITEM 21.
THERE'S PROBABLY A FEW QUESTIONS. I KNOW. I'VE GOT A FEW.
FOR THOSE WHO DON'T KNOW, JOE FITZ IS OUR TRAFFIC ENGINEER.
A FEW QUESTIONS AND NO PARTICULAR TRAFFIC-WISE.
DOES THIS TYPE OF BUSINESS CAUSE ANY TRAFFIC CONCERNS THAT COME TO MIND AND CONCERNS OR THINGS THAT'D BE AWARE OF? IS IT A HIGHER NUMBER THAN USUAL? IS THERE ANYTHING YOU CAN TELL US THAT YOU WOULD SAY WITH REGARDS TO TRAFFIC THAT WE SHOULD KNOW ABOUT WITH REGARDS TO THIS POTENTIAL BUSINESS?
>> SURE. NO, THIS IS A LOW-INTENSITY TRAFFIC USE AS OPPOSED TO A HIGHER-INTENSITY AUTOMOTIVE TRAFFIC WITH THE CAR WASH OR A GAS STATION, AND EVEN OTHER LAND USES THAT ARE MORE INTENSIVE, LIKE DRIVE-THROUGH RESTAURANT. [OVERLAPPING]
>> IT'S PROBABLY LESS THAN MEDICAL BECAUSE ANYTHING THAT PEOPLE HAVE APPOINTMENTS AND COME TO AND FROM MULTIPLE TIMES, WHEREAS, THIS IS SOMETHING THAT JUST DOESN'T HAVE MULTIPLE PEOPLE TRYING TO GO IN AND OUT ALL DAY.
IT'S MORE LIKE A, I DON'T KNOW, AN AUTOZONE, OR O RILEY KIND OF A THING IN TERMS OF THAT SPECTRUM OF TRAFFIC AS OPPOSED TO A CAR WASH OR GAS STATION WHERE THERE'S JUST MANY MORE TRIPS THAT ARE SMALL DURATION AND MANY MORE PEOPLE TRYING TO GET THROUGH ONE FACILITY.
IT'S NOT A TYPE OF LAND USE THAT WE REQUIRE STUDIES FOR IN TERMS OF SUP, WHEREAS WE DO FOR CAR WASHES AND DAYCARES AND SCHOOLS AND THINGS LIKE THAT BECAUSE THEY'RE MUCH MORE INTENSIVE WHERE EVERYBODY NEEDS TO BE THERE AT A SPECIFIC TIME, TWICE A DAY, WHEREAS A RETAIL SITUATION WHERE PEOPLE COME AND GO ALL DAY, AND IT'S A SPECIALIZED RETAIL, IT JUST DOESN'T GENERATE ENOUGH TRAFFIC FOR US TO HAVE THE CONCERNS THAT WE DO FOR MUCH MORE INTENSIVE LAND USES.
>> MAYBE MORE OF A DIFFICULT QUESTION THAT IT'S VERY SPECIFIC.
I KNOW A FEW SIMILAR BUSINESSES IN FRISCO AND MAYBE IN THE SURROUNDING AREA.
HAS THERE BEEN ISSUES OF OTHER MODIFICATION PLACES IN THE FRISCO AREA, OR MAYBE IN YOUR CAREER THAT YOU GO, HEY, SAFETY ISSUES, BECOME A CONCERN FOR CAR ACCIDENTS, CHILDREN, OR ANYTHING LIKE THAT? IS THERE ANYTHING YOU SAY IT'S EQUAL? IT'S NEUTRAL.
ANYTHING INSIGHT YOU CAN GIVE US?
>> THERE'S NOTHING SPECIFIC ABOUT IT THAT'S MORE THAN ANY OTHER.
IT'S NEUTRAL, I GUESS, AS YOU WOULD SAY IT.
IT FALLS WITHIN TYPICAL RETAIL.
WE HAVE NOTHING NO DATA, ANYTHING THAT CALLS IT OUT AS ANYTHING SPECIFIC THAT WOULD BE A CONCERN.
>> WHILE WE HAVE JOE, THAT'S MY QUESTION FOR HIM ARE ANY QUESTIONS SPECIFIC FOR TRAFFIC OR THAT HE MAY ANSWER? I HAD SOME QUESTIONS FOR JONATHAN AND [INAUDIBLE] JONES. THANK YOU.
[00:50:01]
IT SOUNDS LIKE THEY'RE TIED DOWN SPECIFICALLY TO A FEW THINGS THAT I WANT TO MAKE SURE THEY CAN DO MUFFLERS.
THEY CAN DO LIFTS, MODIFICATIONS, AND ASSUMING WENCHES AND THINGS OF THAT SORT.
BUT NO ENGINE TRANSMISSIONS, I WANT TO MAKE SURE IT'S CLARIFIED FOR US OR IN.
>> SURE. NO ENGINES, NO AIR CONDITIONERS, NO TRANSMISSIONS, NO WRECKER OR TOWING SERVICE, NO COLLISION SERVICE, SO NO BODY FRAME, ENDER WORK, THINGS LIKE THAT.
NO PAINTING, NO VEHICLE STAIN CLEANING, NO TIRE RETREADING, AND THEN NO UNDERCOATING, NO RUST PROOFING.
IN THE APPLICANT'S LETTER LIFT KITS, MUFFLERS THAT WE'VE TALKED ABOUT, LIGHTS, RUNNING BOARDS, BED COVERS, BUMPERS, LOWERING KITS, OFF ROAD ACCESSORIES.
>> I WANT TO MAKE SURE. I'VE GOT A FEW THOUGHT THOUGHTS, BUT ANYWAY, TIFFANY DO YOU HAVE SOME QUESTIONS OR COMMENT?
>> I HAVE A QUESTION FOR STAFF.
WOULD STAFF HAVE RECOMMENDED APPROVAL WITH THE REDUCED SETBACK IF IT DID MEET THE WHOLE CRITERIA OF MAJOR AUTO MOTOR REPAIR?
>> I DON'T GUESS I'M UNDERSTANDING YOUR QUESTION.
>> THE RESTRICTIONS WEREN'T IN PLACE.
>> IF LET'S JUST SAY HE WAS A TRANSMISSION PLACE, WAS STAFF STILL HAVE RECOMMENDED APPROVAL, KNOWING THAT THE SETBACK DOESN'T MEET THE 250 FEET FROM THE RESIDENTIAL AREA?
>> I THINK STAFF IS GOING TO REVIEW WHAT IS PUT BEFORE US.
IN THIS CASE, WE DID REVIEW WHAT WAS PUT BEFORE US.
WHEN THE PROJECT WAS INITIALLY CAME THROUGH FIRST REVIEW, IT WAS A VERY HIGH LEVEL.
THAT WAS NOT ENOUGH INFORMATION FOR STAFF TO MAKE A DETERMINATION.
THAT'S WHEN STAFF WENT BACK TO THE APPLICANT TO SAY, YOU NEED TO PROVIDE TO US EXACTLY WHAT YOU ARE, WHAT IS YOUR BUSINESS MODEL? THAT'S WHEN THEY CAME BACK THROUGH PROVIDED THAT THEY WERE REALLY A CUSTOMIZATION FACILITY, WHICH GARNERED STAFF SUPPORT.
I'M NOT REALLY IN A POSITION TO SAY, YES, WE WOULD OR NO, WE WOULDN'T BECAUSE WE PROBABLY WOULD HAVE HAD A WHOLE LOT OF QUESTIONS.
THAT WOULD HAVE ASKED, THAT WOULD HAVE GONE INTO WHETHER STAFF WAS SUPPORTIVE OR NOT.
AT THIS POINT, STAFF MADE A RECOMMENDATION BASED ON THE CASE THAT WAS PUT BEFORE US.
>> JUST THE TYPE OF BUSINESS THAT IT WAS THAT YOU FELT LIKE?
>> YEAH, WE DID NOT JUST LOOK AT THIS AS MAJOR AUTOMOBILE REPAIR, YES, WHATEVER YOU WANT TO DO.
YES. THROUGH THE DEVELOPMENT REVIEW PROCESS, THERE WERE A NUMBER OF QUESTIONS AS TO WHAT DOES THAT MEAN?
>> JUST BEFORE I FORGET A QUESTION.
THERE WAS QUESTIONS OF EQUIPMENT BEING INSTALLED.
IS THERE ANYTHING ILLEGAL ABOUT INSTALLING EQUIPMENT BEFORE A BUSINESS IS OPEN? I MEAN, DOES HE HAVE A RIDE OR IS THAT SOMETHING OF CONCERNING? PEOPLE ARE JUST WONDERING, I CAN CONFIDENTLY SAY FOR THOSE OUT THERE.
THIS IS NOT A FOREGONE CONCLUSION.
THAT'S WHY WE'RE HERE TONIGHT, BUT I JUST WANT TO MAKE SURE ARE THEY LEGAL ALLOWED TO PUT A LIFT INSIDE THEIR BUILDING, OR IS THAT SOMETHING.
>> THE WORK THAT THEY DID OR HAVE DONE UP TO THIS POINT, STAFF HAS MADE THEM AWARE THAT IT DOES NOT VEST THEM IN THE PROJECT, SO THEY'VE DONE THIS ON THEIR OWN.
THAT DOES NOT HAVE A BEARING ON YOUR DECISION.
>> NO, IT DOESN'T. HAS ZERO PARING.
I ASSURE YOU THAT, BUT I JUST WANT TO MAKE SURE IF SOMEONE WANTS TO TAKE THAT RISK AND START MARKETING, THAT'S ON THEM, BUT IT WAS NOTHING ILLEGALLY DONE.
>> NO. I MEAN, THE USE IS NOT ALLOWED UNLESS THE SUP IS APPROVED.
>> ALSO AS YOU SAID IT DOES NOT VEST THEM, DOES NOT GUARANTEE OR ENHANCE THE ABILITY TO GET APPROVED.
>> TECHNICAL QUESTION ON THE ZONING ORDINANCE, SUBSECTION 4.0, 7.12 ABOUT THE 250 FEET.
IT SAYS REQUIRES AUTOMOBILE USES TO BE A MINIMUM OF 250 FEET.
>> THE DEFINITION OF A MINOR AND MAJOR AUTOMOBILE REPAIR IS REFERENCED FROM THE PD.
[00:55:05]
I JUST WANT TO BE CLEAR.IS THE DEFINITION OF AUTOMOBILE USES DIFFERENT FROM MAJOR AND MINOR? ARE WE TALKING ABOUT THE SAME DEFINITIONS?
>> THERE ARE TWO SEPARATE DEFINITIONS.
IN THE PD, IT TALKS IT JUST SAYS AUTOMOBILE REPAIR, MAJOR OR MINOR, BOTH REQUIRE SUP. THAT'S ALL IT SAYS.
THE DEFINITIONS FALL BACK TO THE ZONING ORDINANCE.
THE ZONING ORDINANCE HAS A DEFINITION OF MAJOR AUTOMOBILE REPAIR.
IT HAS A DEFINITION OF MINOR AUTOMOBILE REPAIR.
IN ESSENCE, MINOR AUTOMOBILE REPAIR IS REALLY LIKE A JIFFY LUBE, AN OIL CHANGE PLACE.
PRETTY MUCH ANYTHING ELSE REALLY FLIPS IT INTO THE MAJOR CATEGORY.
>> QUESTION. OBVIOUSLY, THE DEFINITION IS IMPORTANT, SINCE WE'RE TALKING ABOUT MODIFYING IT AS PART OF THE STAFF RECOMMENDATIONS? CUSTOMIZING TO ME IS A VERY THIN, NARROW SCOPE DEFINITION.
I WANT TO BE CLEAR, THE INTENDED BUSINESS USE THAT THE APPLICANT PROVIDED.
ARE WE SAYING THAT EVERYTHING IN THAT INTENDED BUSINESS MODEL FALLS WITHIN CUSTOMIZATION? ARE THERE ANY I DON'T KNOW THE ORDER OF WHEN THE APPLICANT AGREED TOO THE NEW DEFINITION, IF THAT WAS BEFORE OR AFTER THE BUSINESS MODEL LETTER? A BY GRANTING CUSTOMIZATION? IS THAT NEW DEFINITION? DOES THAT GRANT THEM EVERYTHING IN THEIR SPACE?
>> YEAH. CUSTOMIZATION REALLY IS GRANTING THEM EVERYTHING IN THEIR BUSINESS IN THEIR LETTER, BECAUSE IN THEIR LETTER IT GOES ON TO SPEAK TO HOW THE RETAIL SALES SIDE OF IT IS A PRIMARY PART OF THEIR BUSINESS, AND ANY WORK REALLY DIRECTLY CORRELATES TO THAT.
THEY'RE NOT JUST BRINGING THEM TO SAY, FIX MY MUFFLER, THAT SITUATION.
IT IS DIRECTLY TIED TO THE CUSTOMIZATION.
UNDERSTANDING THAT THIS QUESTION WOULD PROBABLY BE ASKED THIS EVENING KNOWING THAT CUSTOMIZATION IS A VERY BROAD TOPIC.
THE BUSINESS MODEL ITSELF THAT WAS PROVIDED BY THE APPLICANT, IT TOO CAN BE TIED DOWN VIA THE ORDINANCE.
AS I REFERENCED EARLIER, AND HAVING DISCUSSIONS WITH OUR CODE ENFORCEMENT TEAM, THEY FELT BY DOING SO, IT WAS CERTAINLY ENFORCEABLE.
>> I DON'T HAVE A QUESTION FOR JONATHAN.
I DO HAVE A COMMENT, BUT IF STEVE HAS A QUESTION FOR JONATHAN, WAIT, YOU SIT AND THEN STAND BACK.
>> I CAN ASK YOU A QUESTION, JONATHAN, ON NOTIFICATIONS.
CAN YOU JUST REMIND EVERYBODY WHAT THE DISTANCE IS FOR NOTIFICATIONS?
>> SURE. THE STATE REQUIREMENT IS 200 FEET TO ENSURE THAT THE CITY DOES NOT MISS ANYONE WITHIN THAT 200 FEET BOUNDARY, WE SEND NOTICES TO ALL PROPERTY WITHIN 225 FEET.
I DO WANT TO POINT OUT, SO THE SUP BOUNDARY, IN THIS CASE, THAT IS THE BOUNDARY IN WHICH THE NOTICES WERE SENT.
THAT IS ONLY A SMALL PIECE OF THE 225 FOOT BOUNDARY IS FROM THIS HERE.
AS WE SAID, YOU'RE 200 FEET TO THE NEAREST SINGLE FAMILY TO THE EAST.
BECAUSE WE DO 25 FEET, YOU KNOW, IT CAPTURED A COUPLE OF LOTS HERE.
BUT YOU'RE NOT GETTING MANY ADDITIONAL SINGLE FAMILY LOTS.
BUT AS SEVERAL PEOPLE DID POINT OUT THIS EVENING.
THERE ARE OTHER AVENUES TO GET THE WORD OUT, FOR EXAMPLE, POSTING OF ZONING SIGNS ON THE PROPERTY, WHICH THE APPLICANT COMPLIED WITH AS WELL.
>> THANK YOU FOR CLARIFYING. I WANT TO MAKE SURE WE WERE ON RECORD.
EVERYONE KNOWS THAT THE CITY DID WHAT WAS REQUIRED TO DO REGARDING NOTIFICATIONS.
AS A NEIGHBORHOOD, YOU SHOULD BE GRATEFUL TO THE FEW NEIGHBORS WHO GOT DIRECTLY NOTIFIED, BECAUSE OBVIOUSLY THEY SHARED THE WORD ACROSS THE NEIGHBORHOOD, AND THAT DOESN'T ALWAYS HAPPEN.
YOU CAN BE GRATEFUL TO THOSE LIVING CLOSEST NEARBY.
>> I JUST WANTED TO MAKE A COMMENT.
I LIVED IN MEADOW HILL ESTATES FOR 15 YEARS, AND THE ROAD DOWN NORTH COUNTY IS A TWO LANE ROAD.
WE DRIVE DOWN THAT ROAD ALMOST EVERY DAY WHEN I TAKE MY DOG TO WARREN SPORTS COMPLEX TO WALKER.
THAT ROAD IS LIKE, YOU KNOW, WE HAD HEARD MENTIONED ALREADY FULL OF KIDS.
[01:00:03]
I KNOW, IN THE PAST, WE HAVE LOOKED AT THIS AREA, AND REALLY I WOULD SAY THE WORD PROTECTED IT BEING THAT THIS IS, ESPECIALLY RIGHT ON LONG MEADOW HILL.THESE ARE THOSE SPECIAL ESTATE LOTS, AND I KNOW WE'VE MADE SOME DIFFICULT DECISIONS BEFORE TO MAKE SURE THAT WE ARE LOOKING AFTER SOMETHING THAT'S JUST A SPECIAL DEVELOPMENT.
WE DID HAVE TO MAKE SOME DECISIONS THAT WE WERE FOR THE BUSINESS, BUT SAYING THAT THIS WASN'T THE BEST THING GIVEN THE LOCATION.
WHEN I VISUALIZE THAT ROAD AT NORTH COUNTY, BEING THAT TWO LANE ROAD IN ALL OF THE KIDS AND THE CHILDREN, HOW CLOSE IT IS TO MIDDLE SCHOOL, HOW CLOSE IT IS TO THE NATATORIUM, HOW CLOSE IT IS TO THE STADIUM, HOW CLOSE IT IS TO THE SOCCER FIELDS, HOW CLOSE IT IS TO THE CHURCH, HOW CLOSE IT IS THE DAYCARE.
I THINK ONE OF THE THINGS WE DO WELL IS ALWAYS THINK, IF WE'RE LOOKING THROUGH MAKING CONCESSIONS, HOW IS THE VALUE OF THIS TO THE CONCESSIONS? WHEN I LOOK IN THE LOCATION, I AM SO FOR THIS BUSINESS.
I LOVED READING THE LETTER OF HOW HE WAS ON THE MAYOR'S YOUTH COUNCIL.
I LOVE IT THAT HE'S BEEN A FRISCONIAN.
I LOVE IT THAT HE GRADUATED FROM WAKELAND.
WHEN I BOUGHT MY SPORTS CAR, I BOUGHT IT FROM A DEALERSHIP AND HOPPED ON 121 AND ONE OF THE THINGS THEY SAID WAS, TEST IT OUT.
OF COURSE, THE GUY WAS IN THE CAR WITH ME AT THE TIME.
LIKE, AND I'M LIKE, OH, HE'S LIKE, THIS IS WHY WE HAVE THIS RIGHT OFF THE HIGHWAY.
LIKE, YOU GOT TO FEEL YOUR CAR.
I'M LOOKING AT THE LOCATION, AND I LOOKED AT THE LOCATION OF OTHER PLACES, AND THEY'RE RIGHT NEXT TO A HIGHWAY AND RIGHT NEXT TO WHERE YOU CAN TEST OUT YOUR MODIFICATION.
IT MAKES ME SICK TO MY STOMACH TO THINK IT WOULDN'T BE IN HIS CONTROL, NOT IN HIS CONTROL AT ALL, BUT THE FIRST THING SOMEONE'S GONNA WANT TO DO IS TEST OUT THEIR MODIFICATION RIGHT ON THAT ROAD RIGHT NEXT TO ALL OF THESE, YOU KNOW, SCHOOLS, CHURCH, NATORIUM, STADIUM, SOCCER FIELDS, DAYCARE, AND WHERE ALL OF THE CHILDREN WALK IN LESS THAN 250 FEET FROM THE NEAREST RESIDENTIAL AND I JUST DON'T FEEL THAT THIS IS THE PLACE FOR IT. WE CAN DO BETTER.
>> I'VE GOT SOME THOUGHTS OR COMMENTS, BUT I'M HAPPY G OR FAMILY WANTS TO ME COMMENTS FOR.
>> I'D JUST SAY ONE THING THERE.
NOT ALL OF IT, BUT JONATHAN, YOU SAID EARLIER THAT THE SPECIFIC USE.
IT'S NOT SPECIAL USE. IT'S A SPECIFIC USE PERMIT.
I APPRECIATE STAFF REALLY NARROWING THAT DOWN AS MUCH AS POSSIBLE.
BUT THAT DOES GO WITH THE LAND.
>> TWENTY YEARS FROM NOW, 30, 40, 50 YEARS FROM NOW, THIS LAW, THIS ORDINANCE WOULD STILL BE IN EFFECT FOR THIS SITE.
THERE'S NOTHING THAT WOULD MAKE IT EXPIRE IF IT WAS USED CONTINUALLY FOR THAT PURPOSE.
>> NO ONE CAME IN AND ASKING ANY CHANGES.
>> I MEAN, SUBJECT TO SOMEONE COMING BACK.
>> THE ONLY THING, AND AS YOU ALL KNOW, IF A BUSINESS CEASES OPERATIONS FOR SIX MONTHS, THERE'S BEEN TIMES THAT WE HAVE INITIATED CASES TO RESCIND THE SUP.
>>THANK YOU FOR THAT CLARIFICATION.
JUST AS A GENERAL RULE, WE ALWAYS KEEP IN MIND THAT WE'RE NOT JUST ZONING FOR THE APPLICANT THAT'S IN FRONT OF US TODAY AS MUCH AS WE MAY LIKE THEM, MAY LIKE THEIR BUSINESS, AS A GENERIC RULE HERE IN ALL CASES.
WE ARE ZONING FOR THE LONG TERM FOR THAT RESIDENTIAL NEIGHBORHOOD AND THAT BUSINESS PARK, AND WHO MIGHT LIVE THERE, WHO MIGHT OPERATE A BUSINESS THERE IN THE DECADES IN THE FUTURE.
UNFORTUNATELY, WE CAN'T PUT TOO MUCH WEIGHT ON THE LIABILITY OF THE CURRENT APPLICANT, BECAUSE THE ZONING IS NOT JUST FOR THAT APPLICANT.
>> A FEW THOUGHTS THAT I HAVE IS SO AS CHAIR, ONE THING, I DON'T GET A VOTE.
I DO GET TO HAVE AN OPINION, BUT WHAT'S GREAT ABOUT HERE IS WE'RE ALL ABLE TO SHARE OUR FEELINGS.
I WOULD ACTUALLY PROBABLY BE ON THE OTHER SIDE, AND I RESPECT MY OTHER COMMISSIONERS AND VALUE THEIR OPINIONS.
I WAS ACTUALLY EXCITED, NOT FOR ME SPECIFICALLY IS FRISCO'S A GROWING AREA, AND I LOVE THAT THINGS ARE GETTING CLOSER PROXIMITY.
PEOPLE ARE I HEAR SAYING, TRAFFIC'S TERRIBLE IN FRISCO.
I'M GOING TO MOVE FAR AWAY, AND THEY MOVE OUT A LITTLE WAYS.
I WAS LIKE, OH, HOW LONG DOES IT TAKE YOU GROCERY STORE IS LIKE 15 MINUTES 'CAUSE IT'S 8 MILES AWAY.
WELL, I ONLY LIVE 2 MILES FROM IT.
GROCERY STORE, IT TAKES ME 15 MINUTES.
IT'S REALLY SIXES IS WHAT TRAFFIC IS.
YOU CAN MOVE FAR AWAY AND GET RID OF TRAFFIC, BUT IT'S GO TO BE THE SAME TIMELINE TO GET TO YOUR DESTINATION.
[01:05:02]
THIS IS A BUSINESS THAT I THINK A LOT OF PEOPLE IN FRISCO WOULD USE, RATHER THAN I DON'T ANY MORE.I'M TOO OLD NOW TO HAVE THE BIG TRUCK, BUT WHEN I DID, I'VE USED THAT ONE DOWN OFF 121.
IF IT'S NOT THAT WHEN YOU GO ALL THE WAY TO DENTON, OR YOU GOT TO GO PRETTY FAR INTO MCKINNEY, AND I DID USE THE ONE IN PROBABLY JUST BECAUSE FROM PERSONAL EXPERIENCE, DOESN'T MEAN THAT ANYONE'S USER SHOULD BE DIFFERENT.
BUT I WENT THERE, HAD MY TIRES DONE, AND I GUESS I BLEW OUT MY CV JOINTS.
I DON'T KNOW WHAT THEY'RE CALLED, BUT SOMETHING I MESSED UP MY SUSPENSION.
I SAT THERE FOR 30 MINUTE AND GOT FRUSTRATED BECAUSE, LIKE, WHEN ARE THEY GO TO START WORKING? I CAME IN EARLY.
I WANTED MY TRUCK DONE SO I COULD GET OUT OF HERE.
AFTER 30 MINUTES, I WALKED UP, I GO, HEY, I CAME IN EARLY, I WANT TO GET MY TRUCK.
THEY'RE LIKE, IT'S DONE. I WAS IN THE WAITING ROOM.
I ASSUMED I WOULD HEAR THEM WORKING ON MY VEHICLE.
I WAS STANDING 20 FEET AWAY, AND I COULDN'T HEAR THEM REPLACE ALL MY CV JOINTS, WHATEVER SHOCKS, AND ALL THAT, AND TIRES, AND I WAS 20 FEET AWAY.
THERE WAS NO MUFFLER INVOLVED. I GET THAT.
I DON'T THINK THERE'S GOING TO BE AS MUCH SOUND, SAFETY IS OBVIOUSLY A HUGE CONCERN.
I THINK WHATEVER BUSINESS GOES THERE, THERE'S A POTENTIAL FOR TRAFFIC OF SITUATIONS OF THAT.
I MEAN, WE ALL JUST NEED TO BE CAUTIOUS, IF IT'S SPEEDING, IT'S PROVING OUR MAYBE POLICE PRESENCE ON THAT ROAD, IF IT WERE TO COME A CONCERN.
I MEAN, THIS HAS NO BEARING ON WHATEVER HE'S INSTALLED IN HIS FACILITY.
BUT I PERSONALLY DON'T THINK THAT AT LEAST FROM A NOISE STANDPOINT, I'M NOT REALLY CONCERNED ABOUT THE NOISE.
I'M EXCITED FOR MORE BUSINESSES BEING IN FRISCO THAT ARE APPLICABLE.
I'M ACTUALLY MORE HEARTENED. REALLY, I I HAD TO GUESS, WHAT'S GOING TO BE PUT IN THERE? IT'S GOING TO BE A WHOLE BUNCH OF 80 $100,000 JEEPS THAT WILL NEVER SEE MUD, AND WE'LL ONLY SEE ARMOR FOR THE NEXT 10 YEARS AND ARE GOING TO PUT AROUND AT 50 MILES AROUND AROUND TOWN.
THAT'S PROBABLY WHAT'S GOING TO BE IS WE LIVE IN A WEALTHY AREA, AND THAT'S WHAT I THINK'S GO TO PROBABLY HAPPEN IF IT WERE TO GO IN.
FOR ME, PERSONALLY, I GUESS I WOULDN'T BE OPPOSED TO THIS, BUT I RESPECT MY COMMISSIONER'S OPINIONS AND ANYTHING ELSE THEY WANT TO SHARE, AND LET THEM ENTERTAIN A MOTION.
>> I HAD A COUPLE MORE COMMENTS BEFORE, BUT I WANT TO GIVE OTHER COMMISSIONERS A CHANCE IF YOU HAVE ANYTHING.
JUST SOMETIMES WHEN I TALK, I FORGET TO LOOK DOWN.
I ALSO DO CARE ABOUT HOME VALUES.
I WOULD HAVE TO SAY, I'VE BEEN FORTUNATE TO BE UP HERE EIGHT YEARS.
THAT'S SOMETHING I HEAR REGULARLY.
MY HOME VALUES GOT TO GO DOWN.
THEY'VE GONE UP 100% ON SOME OF THE ONES.
YOU KNOW, SOMETHING THAT'S BEEN BUILT WAS GOING TO GO DOWN.
I JUST WANT TO MAKE SURE I FEEL VERY STRONGLY THAT HOME VALUES WILL IN NO WAY BE BACKED BY THIS, BUT JUST BECAUSE THAT WAS A CONCERN HERE.
>> MY KIDS WENT TO STATELY MIDDLE SCHOOL, SO I KNOW THIS ROAD EXTREMELY WELL AND I THINK IT'S VERY UNFORTUNATE THAT WE HAVE THE DUAL USE HERE, BUT WE CAN'T REALLY GO BACK WITH 2020 HINDSIGHT AND SAY IN 1999, WE SHOULD HAVE BEEN THINKING, WE TRY TO THINK FAR ENOUGH AHEAD AS WE CAN, BUT THAT'S HARD.
IT'S REALLY HARD TO DO TO HOLD ANYBODY ACCOUNTABLE IN 1999 AND SAY, MAYBE WE SHOULDN'T PUT RESIDENTIAL THIS CLOSE TO FUTURE INDUSTRIAL COMMERCIAL USES LIKE THIS.
I DON'T THINK ANYBODY WOULD WANT TO HAVE THESE USES THIS CLOSE TOGETHER.
AND I'VE ALWAYS THOUGHT THAT ON MY HUNDREDS OF TRIPS UP AND DOWN NORTH COUNTY ROAD, THAT THE RESIDENTS ARE RIGHT UP THERE AGAINST THE ROAD.
I DO WANT TO SAY TO THE RESIDENTS THAT MANY OF THE COMMENTS WE HEARD IF THIS WERE TO PASS IF, IT PASSED PNC OR WERE TO PASS CITY COUNCIL, I DON'T THINK MOST OF THE FEARS, THE LOUD NOISES, MANY OF THE FEARS, I DON'T BELIEVE THAT THEY WOULD COME TRUE BECAUSE OF THE NARROW SCOPE OF THIS OPERATION IN THIS BUILDING AND BECAUSE OF THE OTHER REASONS THAT HAVE BEEN STATED.
I DON'T THINK HOME VALUES WOULD GO DOWN.
I DON'T THINK TRAFFIC WOULD BE IMPACTED.
I JUST DON'T THINK YOU'LL SEE VERY MANY OF THE NEGATIVES.
THIS SOUNDS LIKE A GREAT BUSINESS, WOULD LOVE TO HAVE THIS BUSINESS IN FRISCO IN MULTIPLE PLACES.
BUT ULTIMATELY, FOR ME, IT'S GOING TO COME DOWN TO, WE SET A STANDARD OF 250 FEET, AND I WOULD NEED THE PEOPLE THAT WERE IN FAVOR OF IT TO HAVE MADE A REALLY STRONG ARGUMENT FOR WHY THIS USE AT THIS SITE IN SPITE OF THE 250-FOOT STANDARD.
THERE NEEDS TO BE MORE OF A COMPELLING ARGUMENT FOR WAIVING THAT STANDARD ESSENTIALLY FOR ALLOWING A USE INSIDE OF THE 250-FEET OF RESIDENCE AND I JUST DID NOT HEAR A STRONG ENOUGH ARGUMENT FOR THIS SITE BEING THE RIGHT PLACE FOR THIS USE.
SO I WOULD BE OPPOSED TO THIS.
>> ANY OTHER COMMENTS BEFORE I ENTERTAIN A MOTION? DO YOU HAVE A MOTION FOR ITEM 21?
[01:10:01]
>> I'LL MAKE A MOTION TO DISAPPROVE ITEM 21.
>> I'VE GOT A MOTION BY BRITTANY.
>> SECOND BY TIFFANY. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 4-0.
THANK YOU ALL FOR YOUR TIME IN COMING OUT.
AND WHILE YOU'RE GOING COULD SOMEONE GRAB THE SEAN?
>> I JUST WANT TO MAKE EVERYONE AWARE THE APPLICANT HAS 14 CALENDAR DAYS TO APPEAL.
THAT WILL REQUIRE SUPERMAJORITY VOTE AT CITY COUNCIL.
THAT 14 CALENDAR DAYS IS HAVING A LETTER ON MY DESK BY FIVE O'CLOCK 14 DAYS FROM TODAY IF YOU WISH TO APPEAL.
WHAT THAT DOES IS THEY CAN APPEAL, THERE'LL BE ANOTHER NOTICE SENT OUT TO PROPERTY OWNERS, AS JONATHAN MENTIONED OUT, WE FOLLOW STATE LAW, BUT IT WILL REQUIRE A SUPERMAJORITY VOTE FOR COUNSEL TO OVERTURN THE PLANNING AND ZONING COMMISSION'S DENIAL.
THAT OPTION IS AVAILABLE TO THE APPLICANT.
JUST WANT EVERYBODY TO BE AWARE.
>> THANK YOU. WITH THAT, LET IT SHOW THAT SEAN MERRILL IS BACK. ITEM 22.
[Public Hearing- Specific Use Permit: Rescind Specific Use Permit S-283 (SUP24-0015)]
PUBLIC HEARING SPECIFIC USE PERMIT, RESIN SPECIFIC USE PERMIT S283 SUP 24-0015 OWNERS FIRST BAPTIST CHURCH.THAT MEANS IT'S NOT POSTMARKED.
SO I JUST WANT TO MAKE YOU IT'S NOT IN THE MAIL.
THAT'S RIGHT BY FIVE O'CLOCK CLOSE OF BUSINESS.
>> I APOLOGIZE. AFTERWARDS, I'M HAPPY TO STAY AFTER, BUT UNFORTUNATELY, WE'RE NOT ABLE TO, BUT I WOULD HAPPILY ANSWER ANY QUESTIONS. ITEM 22.
>> GOOD EVENING, COMMISSION. FIRST OFF, THIS ITEM NEEDS TO BE REMOVED FROM THE TABLE.
>> DO YOU HAVE A MOTION TO REMOVE THIS FROM THE TABLE?
>> SO MOVED? MOTION BY BRITTANY.
IT WAS SECOND BY SEAN. ALL IN FAVOR?
>> ANY OPPOSE? ITEM 22 HAS BEEN REMOVED FROM THE TABLE.
>> THIS ITEM WAS TABLED AND THE PUBLIC HEARING WAS CONTINUED AT THE OCTOBER 22 PZ MEETING.
CITY COUNCIL GRANTED A SPECIFIC USE PERMIT ON THE SUBJECT PROPERTY IN 2005, AND SUBSEQUENTLY AMENDED THE SUP IN JUNE OF 2019.
IN MARCH OF 2022, CITY COUNCIL REMOVED A SPECIFIC PERMIT REQUIREMENT FOR A CHURCH.
THEREFORE, THE SUP IS NO LONGER REQUIRED.
STAFF RECOMMENDS THAT WE RESCIND THE EXISTING SUP.
>> THERE'S AN APPLICANT FIRST BAPTIST, ARE THEY HERE AND DO THEY WISH TO SPEAK? NO. DO YOU HAVE A MOTION TO OPEN PUBLIC HEARING FOR ITEM 22?
>> SECOND BY MIKE. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 5-0.
I APOLOGIZE, MICHAEL. I BELIEVE YOU PREFER.
WE ARE IN PUBLIC HEARING FOR ITEM 22.
IS THERE ANYONE HERE WISHING TO SPEAK?
>> SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.
>> SECOND BY TIFFANY. ALL IN FAVOR?
>> ANY OPPOSE? MOTION PASSES 5-0.
PUBLIC HEARING PORTION IS NOW CLOSED.
ANY QUESTIONS OR RECOMMENDATIONS FOR ITEM 22?
>> MAKE A MOTION. THEN I MOVE TO APPROVE ITEM NUMBER 22, AS RECOMMENDED BY STAFF.
>> I'VE GOT A MOTION BY STEVE.
>> SECOND BY MICHAEL. ALL IN FAVOR.
>> ANY OPPOSE. MOTION PASSES 5-0.
[Public Hearing - Zoning Ordinance Amendment: Amendment to the Zoning Ordinance (ZA24-0002)]
ITEM 23, PUBLIC HEARING, ZONING ORDINANCE AMENDMENT, AMENDMENT TO THE ZONING ORDINANCE ZA 24-002 OWNERS THE CITY OF FRISCO.>> THANK YOU, MR. CHAIR. CITY COUNCIL ADOPTED ORDINANCE NUMBER 2020-011 IN MARCH OF 2020.
THIS ORDINANCE ESTABLISHED DEVELOPMENT STANDARDS APPLICABLE FOR ARTIFICIAL TURF.
SO SUBJECT TO MEETING CERTAIN DEVELOPMENT REQUIREMENTS, ARTIFICIAL TURF IS ALLOWED IN SINGLE FAMILY, URBAN LIVING, NON RESIDENTIAL MULTI FAMILY SPORTS FIELDS AND PLAYGROUNDS.
SO THE TOPIC OF DISCUSSION THIS EVENING IS SPECIFIC TO THE ALLOWANCE OF ARTIFICIAL TURF AND SINGLE FAMILY DEVELOPMENT.
PARTICULARLY THE LOCATIONAL CRITERIA.
SO UNDER THE 2020 ORDINANCE, ARTIFICIAL TURF IS ALLOWED IN SINGLE FAMILY DEVELOPMENTS.
HOWEVER, IT SHALL NOT BE VISIBLE FROM A PUBLIC RIGHT OF WAY AND OR OPEN SPACE HOA LOT.
[01:15:01]
SO UNDER THESE REGULATIONS, ARTIFICIAL TURF IS PROHIBITED IN THE BACKYARDS OF SINGLE FAMILY LOTS WHERE OPEN FENCING IS REQUIRED.SO FOR EXAMPLE, CORNER LOTS, LOTS ADJACENT, HIKE AND BIKE TRAILS, LOTS ADJACENT OPEN SPACE, HOA LOTS, CITY PARKS, ETC.
THE REASONING BEING BECAUSE THAT IS THEN VISIBLE FROM PUBLIC RIGHT AWAY AND OR HOA OPEN SPACE LOTS.
SO SINCE THE ADOPTION OF THE 2020 ORDINANCE, THERE HAVE BEEN A NUMBER OF RESIDENTS WHO HAVE INSTALLED ARTIFICIAL TURF IN THESE AREAS, WHERE IT IS VISIBLE.
SO THE CITY'S CODE ENFORCEMENT STAFF HAS ISSUED COURTESY NOTICES AND OR VIOLATIONS TO HAVE THE ARTIFICIAL TURF REMOVED.
HOWEVER, DESPITE STAFF'S EFFORTS TO HAVE THE ARTIFICIAL TURF REMOVED, RESIDENTS DO CONTINUE TO INSTALL IT IN THESE AREAS.
SO WHICH THAT TRIGGERED STAFF TO DO A REVIEW OF THE 2020 ORDINANCE.
SO STAFF DID A REVIEW OF THE ORDINANCE, DISCUSS THOSE ONGOING CHALLENGES WITH CITY COUNCIL DURING A WORK SESSION IN AUGUST OF THIS YEAR.
SO WHAT IS BEFORE YOU ALL TONIGHT? STAFF IS PROPOSING TO UPDATE THE REGULATIONS TO ALLOW ARTIFICIAL TURF IN SINGLE FAMILY DEVELOPMENTS, BUT TO ALLOW IT IN BACKYARDS AND SIDE YARDS, HOWEVER, STRIKE THE REQUIREMENT THAT IT NOT BE VISIBLE FROM A PUBLIC RIGHT AWAY AND OR OPEN SPACE HOA LOT.
SO ESSENTIALLY, IT WOULD BE ALLOWED IN ALL INSTANCES IN THE BACKYARD.
HOWEVER, THIS REQUIREMENT DOES NOTHING TO THE FRONT YARD.
SO ARTIFICIAL TURF SHALL REMAIN PROHIBITED IN THE FRONT YARD.
SO FRONT YARDS ARE HIGHLY MORE VISIBLE THAN AREAS IN THE BACK YARD.
SO ONCE AGAIN, STAFF IS RECOMMENDING TO ALLOW ARTIFICIAL TURF ONLY IN THE BACK YARD, NOT IN THE FRONT YARD.
NO ADDITIONAL CHANGES TO SINGLE FAMILY ARE PROPOSED, NOR ARE THERE ANY ADDITIONAL CHANGES PROPOSED TO ANY OF THE OTHER LAND USES? THIS ITEM IS RECOMMENDED FOR APPROVAL THIS EVENING AND I'M HAPPY TO ANSWER ANY QUESTIONS.
>> YES, I HAVE A FEW COMMENTS AND FORGIVE ME.
WE'VE GOT TWO OR NEWER COMMISSIONERS AND YOU MAY ALREADY KNOW THIS, BUT I ALWAYS APPRECIATE WHEN I FIRST CAME ON SOMETIMES YOU SEE YOU FAKE IT TILL YOU MAKE IT, AND YOU'RE LIKE, ALL RIGHT, I DON'T KNOW WHAT SF7 LOT IS AND ALL THESE THINGS.
SO I'M JUST MAYBE POINTING OUT A FEW THINGS YOU MAY ALREADY BE AWARE OF, BUT AS I SAY, YOU KNOW IT OR YOU'RE GOING TO START RECOGNIZING IT.
FRISCO, ANYTIME YOU GO INTO A NEIGHBORHOOD, WHEN YOU SEE IT AT OPEN SPACE OR A CORNER LOT, YOU CANNOT HAVE A BOARDED FENCE FOR NO EXCEPTION.
IT'S GOT TO BE A ROUGH IRON AND SO IT'S EXPOSED TO ALL SIDES AND YOU'RE LIKE, ARE YOU SURE I'LL THINK THE EXAMPLE, IF YOU START DRIVING ANYWHERE YOU GO.
WHEN YOU GO THERE, YOU'RE GOING TO SEE A WROUGHT IRON FENCE AND IT'S GO TO EXPOSE THEIR BACK YARD OR SIDE YARD.
WHAT HAPPENS HERE IS I GET WHY WE HAD IT BEFORE, IS THERE WAS TURF AND YOU SEE A GRASS AND DEPENDING ON WHAT TIME OF SEASON IT WAS, IF IT'S IN WINTER, AND THEN YOU SEE THIS NEON GREEN TURF AND IT STICKS OUT AND I WAS LIKE, OH, THAT LOOKS BAD.
BUT IT'S SO FRUSTRATING AND THEY'RE FOR MULTIPLE REASONS AND WE STILL WANT A TURF YARD AND SO I DO UNDERSTAND THE REASON FOR THE CHANGING, BUT THAT'S JUST HISTORICAL OF WHY WE'VE RAN INTO SOME OF THESE ISSUES, THERE'S A LOT OF CORNER LOTS.
THERE'S A LOT OF PEOPLE TO OPEN UP TO OPEN SPACE AND IT'S LIMITED THEM SOMETIMES TO HAVING ARTIFICIAL TURF.
THAT'S JUST A HISTORICAL BACKGROUND.
>> YES. I CAN SPEAK A LOT ON THIS.
I LIVE IN PATITION AND A LOT OF OUR HOUSES IN OUR SUBDIVISION, A LOT OF OUR OWN FENCES ARE BORDERING THE GOLF COURSE IN THE PARK.
I'VE HAD NUMEROUS NEIGHBORS ASKING, WHY IS THIS UP? I DON'T KNOW. THAT WAS MY ANSWER.
IT'S BECAUSE THAT'S WHAT THE CITY SAYS I DIDN'T LIKE THAT REASON.
>> SO THE ONLY CONCERN IS, I THINK HERE, WE'RE ONLY ALLOWED TO BE 100%. WE CAN'T GO OVER THAT.
>> YEAH. I WILL YIELD HIM 10% OF MINE.
>> QUESTIONS FOR STAFF OR ANY COMMENTS?
>> I APPRECIATE THE MODIFICATIONS.
I DO NOT HAVE A ROTTEN IRON FENCE.
>> WHEN WE HAVE A QUESTION, WE DO HAVE A PUBLIC HEARING, SO I DO.
DO YOU HAVE A MOTION TO OPEN PUBLIC HEARING?
>> SECOND BY SHAWN. ALL IN FAVOR?
>> ANY OF OPPOSED? MOTION PASSES 5-0.
WE ARE NOW IN PUBLIC HEARING FOR ITEM 23.
SINGLE FILE LINE ON THE RIGHT SIDE.
>> SEEING NONE. MOTION TO CLOSE BY HEARING.
>> YES, IF YOU'D LIKE TO COME UP? OF COURSE.
WHAT WE'LL HAVE YOU DO IS IF YOU'LL GIVE YOUR NAME AND ADDRESS AND AFTER YOU SPEAK, IF YOU WOULD FILL OUT A BLUE SPEAKER CARD AND TURN IT TO OUR WONDERFUL OR FOUR JENIFER ON THE CORNER.
[01:20:03]
>> OH, THIS MY FIRST TIME HERE.
I LIVE AT 15071 CRAP MYRTLE ROAD, THAT'S IN THE GROVE FRISCO AND I AM VERY MUCH IN FAVOR OF THIS.
I AM ONE OF THE ACTUALLY A BORDER HOA LAND, NOT EVEN REALLY ON A CORNER.
WE INSTALLED A POOL AND AT THE TIME THAT WE DID OUR POOL, WE ALSO DID TURF IN OUR BACKYARD THAT ACTUALLY WAS CALLED OUT ON OUR BLUEPRINT WITH THE CITY OF FRISCO AND IT WAS APPROVED AND IT FULLY SAID ARTIFICIAL TURF.
IT DIDN'T JUST SAY ANY RANDOM TURF.
SO WE HAD NO CLUE THAT WE HAD DONE ANYTHING WRONG UNTIL WE GOT THE VIOLATION NOTIFICATION.
OUR BACKYARD SPECIFICALLY IS NOT SUPER VISIBLE BECAUSE IT IS JUST NEXT TO THE HOA PROPERTY.
YOU CAN SEE IT A LITTLE BIT WHEN YOU GO AROUND OUR CUL DE SAC, BUT AGAIN, NOT HIGHLY VISIBLE.
AND PART OF THE REASON WE DID THAT IS OUR HOUSE IS WE FACE NORTH.
SO OUR BACKYARD IS EXPOSED TO EAST WEST SUN ALL DAY LONG.
OUR GRASS PREVIOUSLY COOKED WAS IMPOSSIBLE TO KEEP ALIVE.
SO THAT WAS ONE OF THE REASONS THAT WE WENT WITH THE TURF WHEN WE DID OUR POOL.
ALSO THE CITY HAS WATER RESTRICTIONS DURING THE SUMMER, AND WE HAVE TO USE NO WATER ON OUR TURF, SO I FEEL LIKE WE'RE HELPING IN THAT REGARD.
I CAN SEE PREVIOUSLY GRANDMA'S 1980 TURF THAT LOOK LIGHT FELT WOULDN'T BE SOMETHING ANYBODY WOULD REALLY WANT TO HAVE TO SEE, BUT IT'S COME A LONG WAY.
I DON'T THINK, OURS HAS VARIATION.
NOW, DOES IT LOOK LIKE THE DORMANT GRASS NEXT TO US? NO, IT DOESN'T, BUT IT LOOKS REALLY NICE YEAR ROUND.
ANYWAY, THOSE ARE SOME OF THE REASONS.
OVER HALF OF THE HOUSES ON OUR SECTION OF THE CUL DE SAC HAVE TURF.
YOU JUST DON'T KNOW IT BECAUSE YOU CAN'T SEE IT AND WE'RE THE ONLY ONES THAT FEEL SINGLED OUT BECAUSE OF THE ORDINANCE. SO THANK YOU.
>> THANK YOU. PERFECT. IF THERE'S ANYONE ELSE TO HAVE A MOTION TO CLOSE PUBLIC HEARING?
>> SECOND BY STEVE. ALL IN FAVOR.
>> ANY OPPOSE? MOTION PASSES 5-0.
ARE THERE ANY QUESTIONS FOR STAFF/APPLICANT, WHO IS THE CITY?
>> I HAD ONE QUESTION FOR JONATHAN. DID YOU HAVE ONE?
>> JOHN, IS THERE A SCENARIO IN WHICH THE SIDE YARD OF A HOUSE COULD EXTEND UP PAST THE BUILD LINE?
>> SO PER THE ORDINANCE, IT'S SIDE.
SO IF IT'S GOING TO WRAP AROUND INTO THE SIDE YARD AND THAT AREA IS FENCED, IT IS PERMITTED.
BUT UNDER THE PROPOSED ORDINANCE, IT WILL NOT BE PERMITTED JUST OUT IN THE OPEN SIDE YARD?
>> I'M JUST CURIOUS IF THE FENCED AREA OF THE SIDE YARD EXTENDED IN FRONT OF THE BUILD LINE.
DOES THAT EVER HAPPEN ON A REALLY ODD SHAPED LOT?
>> VERY RARE. YOU GENERALLY WILL NOT SEE, WELL, YOU CAN'T HAVE A SIX FOOT PRIVACY FENCE EXTENDING IN THE FRONT BUILDING LINE.
>> I WANT TO COMMEND THE STAFF FOR REALIZING THAT THIS MAY BE AN ISSUE, SEEING HOW SO MANY PEOPLE WERE VIOLATING THIS.
>> NO. THE SPEAKER THAT CAME UP, SHE MADE A GOOD POINT.
I MEAN, THE TECHNOLOGY OF THE GRASS HAS CHANGED A LOT.
I MEAN, I'M LOOKING INTO IT AND I'VE BEEN LOOKING INTO IT FOR THE LAST FEW YEARS AND AT FIRST, I WAS LIKE, OH, NEON GREEN, THIS IS GONNA LOOK BAD.
AND I WENT OVER TO MY NEIGHBORS AND I'M LIKE, MAN THIS LOOKS BEAUTIFUL.
FROM A DISTANCE, YOU ALMOST CAN'T EVEN TELL.
SO THANK YOU STAFF FOR RECOGNIZING THIS.
>> MAYBE WE COULD REWORD THAT TOO.
WE DIDN'T CAUSE CHANGE BECAUSE OF VIOLATIONS, BUT SOME THINGS MAYBE PUT SOME IDEAS IN FRONT OF US.
>> WELL, SAY YOU CAN TELL IN THE WINTER MONTHS. YOU'LL BE TO TELL? IF THERE'S NO QUESTIONS FOR STAFF, WE'LL ENTERTAIN A MOTION.
>> I'LL MAKE A MOTION TO APPROVE ITEM NUMBER 23 OR 24.
>> AND YOU CAN TELL YOUR NEIGHBORS ABOUT THAT TOO. MOTION BY SEAN.
>> SECOND BY TIFFANY. ALL IN FAVOR?
>> AYE. ANY OPPOSE? MOTION PASSES 5-0.
CONGRATULATIONS, CITY FRISCO. ITEM 24,
[Results of the November 5, 2024, City Council meeting.]
RESULTS OF THE NOVEMBER 5TH, 2024 CITY COUNCIL MEETING.>> FOR THIS SIDE OF THE [INAUDIBLE]
>> I'M GOING TO GET USED TO THIS, BUT WE JUST HAD THAT RECENSION, THE SUP THAT YOU ALL APPROVED REGARDING THE NURSERY AND SO FORTH ON 121.
[01:25:06]
THAT WAS ON THE SAME PROPERTY IN WHICH THE SUP WAS DENIED BY COUNSEL FOR THE OFFICE WAREHOUSE PORTION.>> THAT'S IT. THAT'S ALL WE HAD FOR THERE.
[Schedule of future discussion items.]
ITEM 25.SCHEDULE OF FUTURE DISCUSSION ITEMS. IF THERE'S NO THAT, OR WE DO HAVE A WORKSHOP.
IF NOTHING ELSE, I'LL ENTERTAIN A MOTION TOO.
>> MOTION TO ADJOURN THE MEETING.
>> WE'VE GOT A MOTION BY TIFFANY.
>> SECOND BY BRITTANY. ALL IN FAVOR.
>> ANY OPPOSED? MOTION PASSES 5-0.
WE ARE ADJOURNED AT 5:57 PM.
* This transcript was compiled from uncorrected Closed Captioning.