Link


Social

Embed


Download

Download
Download Transcript

[00:00:01]

>> WE'RE GOT TO GO AHEAD AND GET STARTED.

[CALL TO ORDER]

[NOISE]. EXCUSE ME.

WE'D LIKE TO WELCOME YOU TO THE REGULAR MEETING OF THE FRISCO PLANNING AND ZONING COMMISSION.

WE ARE GATHERED AT 60101 FRISCO SQUARE BOULEVARD, AND THE TIME IS 6:30 PM.

THE PLANNING AND ZONING COMMISSION CONSISTS OF FRISCO RESIDENTS APPOINTED BY CITY COUNCIL.

TONIGHT, COMMISSIONERS PRESENT ARE MICHAEL HOWARD, BRITTANY COLBERG, STEVE CONE, WARREN RUIZ, SEAN MERELL, AND I, JON KENDALL WHO'S YOUR CHAIR.

REPRESENTING STAFF AND DEVELOPMENT SERVICES WE HAVE JOHN LETTELLEIR, JONATHAN HUBBARD, ROLANDREA RUSSELL, DANIEL PONDER, SEAN O'QUINN, AND JENNIFER MORGAN.

FROM ENGINEERING WE'VE GOT JASON GRIMM, JOEL FITZ, AND SHELLY [INAUDIBLE].

FROM FIRE WE HAVE JOHN GILLETTE. IS THERE ANYONE I LEFT OUT? GUESS NOT. NEXT ITEM ON THE AGENDA [NOISE].

I'M MIGHT ASK FOR WATER. NEXT I'M ON THE AGENDA CITIZEN INPUT.

IF YOU WISH TO ADDRESS THE COMMISSION REGARDING ANY ITEMS THAT ARE NOT 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 APPLICANTS PRESENT THIS EVENING.

TO ENSURE THAT THERE IS ENOUGH TIME FOR ALL TO SPEAK, PLEASE LIMIT YOUR COMMENTS TO A MAXIMUM OF FIVE MINUTES, UNLESS YOU MUST SPEAK TO 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, TO RECITE EXISTING POLICY IN RESPONSE TO AN INQUIRY, OR TO INDICATE THAT THE MATTER MAY BE PLACED ON A LATER AGENDA.

WITH THAT, IS THERE ANYONE HERE TO SPEAK DURING CITIZEN INPUT? IF NOT, NEXT I'M ON THE AGENDA IS THE APPROVAL OF THE MINUTES.

[APPROVAL OF MINUTES]

WE HAVE A MOTION FOR ITEM 2.

> MOVE TO APPROVE THE MEETING MINUTES FROM THE MARCH 25TH MEETING.

>> I'VE GOT A MOTION BY SEAN.

>> SECOND.

>> SECOND BY BRITTANY. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSED? MOTION PASSES 5 - 0.

AFTER THAT, NEXT IS THE CONSENT AGENDA ITEM.

[CONSENT AGENDA]

THE CONSENT AGENDA ITEM CONSISTS OF ROUTINE AND NON CONTROVERSIAL ITEM.

ANY COMMISSION MEMBER MAKING SUCH REQUESTS PRIOR TO A MOTION AND VOTE ON THE CONSENT AGENDA ITEMS MAY DO SO INDIVIDUALLY.

ANY MEMBER OF THE AUDIENCE WISHING TO MAKE COMMENTS ON CONSENT AGENDA ITEMS MAY DO SO WITH THE MAJORITY APPROVAL OF THE COMMISSION.

WE HAVE ITEMS 3 THROUGH 11.

>> THREE THROUGH 11.

>> ON THE AGENDA TONIGHT, I KNOW THERE'S A FEW THAT NEED TO BE PULLED, NUMBER 6 AND 12.

IS THERE A MOTION ON THE CONSENT AGENDA FOR ITEMS 3 THROUGH 5, 7 THROUGH 10, AND ITEM 12?

>> I THINK IT ENDS AT 11.

>> NO, THAT WAS THE REGULAR AGENDA.

>> WELL, I APOLOGIZE.

>> SEVEN THROUGH 11.

>> THANK YOU. LET ME REPEAT THAT AGAIN.

DO I HAVE A MOTION FOR THE CONSENT AGENDA ITEMS 3 THROUGH 5, 7 THROUGH 10?

>> ELEVEN.

>> SEVEN THROUGH ELEVEN, BECAUSE I'M NOT GOOD. THANK YOU.

>> DON'T MOVE.

>> THANK YOU FOR CORRECTING ME. MOTION BY SEAN.

>> SECOND.

>> SECOND BY BRITTANY. ALL IN FAVOR?

>> AYE.

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5 - 0.

>> WE'RE HERE TO KEEP YOU STRAIGHT.

>> THANK YOU.

>> YOU'RE WELCOME.

>> THE WAY I WROTE IT MADE IT DIFFICULT.

LET THE RECORD SHOW, SEAN MERELL HAS STEPPED OUT.

ITEM 6 ON THE CONSENT AGENDA.

[Open Space Plan & Site Plan: Datta Yoga Center Addition, Block A, Lot 1 & Rejoice Lutheran Church, Block A, Lot 1 (OS25-0008 & SP25-0017)]

IS THERE ANY QUESTIONS OR I'LL ENTERTAIN A MOTION?

>> MOVE TO APPROVE ITEM 6 ON THE CONSENT AGENDA.

>> I'VE GOT A MOTION BY STEVE.

>> SECOND.

>> SECOND BY BRITTANY. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 4 - 0. THANK YOU FOR THAT.

ACTUALLY WE'RE GOING TO DO ITEM 12 NOW.

THE CONSENT AGENDA. WE'RE GOING TO GO TO ITEM 12.

SHOW RECORD WHERE WE HAVE MR. MERRILL STEP OUT AGAIN.

TONIGHT WE HAVE THREE PUBLIC HEARINGS ON THE AGENDA AND I WANT TO REVIEW THE PROCESS.

EACH PUBLIC HEARING ITEM IS PROCEED BY A STAFF INTRODUCTION OF THE REQUEST.

THE APPLICANT IS THEN PERMITTED 10 MINUTES TO MAKE HIS OR HER PRESENTATION TO THE COMMISSION.

FOLLOWING THE QUESTIONS OF THE STAFF AND THE APPLICANT BY THE COMMISSION, THOSE WISHING TO SPEAK MAY ADDRESS THE COMMISSION.

ALL SPEAKERS INCLUDING THE APPLICANT NEED TO COMPLETE A SPEAKER'S CARD AND PROVIDE IT TO THE ADMINISTRATIVE ASSISTANT.

IF THEY'RE ORGANIZED GROUPS IN ATTENDANCE, WE SUGGEST THAT YOU SELECT REPRESENTATIVES TO PRESENT YOUR POSITION.

PLEASE AVOID REPEAT WHAT HAS BEEN STATED BY PREVIOUS SPEAKERS, OTHER THAN STATING THAT YOU AGREE WITH THEIR COMMENTS.

THE TIME LIMIT IS FIVE LIMITS 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,

[00:05:01]

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 A PUBLIC HEARING, THE MEMBERS OF THE COMMISSION MAY HAVE QUESTIONS FOR STAFF OR THE APPLICANT.

PLEASE NOTE THE PLANNING AND ZONING COMMISSION ONLY MAKES A RECOMMENDATION REGARDING ZONING CASES.

UNLESS THE COMMISSION DISAPPROVES THE CASE AND THE APPLICANT DOES NOT APPEAL DISAPPROVAL, FINAL ACTION REQUIRES A PUBLIC HEARING BY CITY COUNCIL.

YOU'RE ENCOURAGED TO CONTACT YOUR DEVELOPMENT SUCH AS STAFF, AS TO WHEN THE CASE WILL BE CONSIDERED BY CITY COUNCIL.

WITH THAT, I SEE YOU READY, SEAN.

ITEM 12, PUBLIC HEARING REPLAT.

[Public Hearing - Replat: SEC FM 423 & Old Newman, Block A, Lot 4 (RP25-0007)]

SEC FM 423 AND OLD NEWMAN, BLOCK A LOT 4 RP-0007.

OWNERS, SIMPLY STORAGE STONE BROOK, LLC.

>> THANK YOU CHAIR, MEMBERS OF THE COMMISSION.

THE PURPOSE OF THIS REPLAT IS TO ABANDON AND DEDICATE THE EASEMENTS NECESSARY FOR DEVELOPMENT.

THE PLAT CONFORMS TO SITE PLAN SP 230051 THAT STAFF APPROVED ON JUNE 23RD, 2023.

STAFF RECOMMENDS FOR APPROVAL AS SUBMITTED.

>> THANK YOU. IS THE APPLICANT HERE AND DO THEY WISH TO PRESENT? THIS IS FOR ITEM 12. IF NOT, DO I HAVE A MOTION TO OPEN PUBLIC HEARING?

>> MOVED.

>> MOTION BY BRITTANY.

>> SECOND.

>> SECOND BY MICHAEL. ALL IN FAVOR?

>> AYE.

>> AYE.

>> ANY OPPOSE? MOTION PASSES 4 - 0.

WE'RE IN PUBLIC HEARING FOR ITEM 12.

>> SEEING NONE, MOVE TO CLOSE PUBLIC HEARING.

>> I'VE GOT A MOTION BY BRITTANY.

>> SECOND.

>> SECOND BY MICHAEL. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 4 - 0.

PUBLIC HEARING PORTION HAS NOW BEEN CLOSED.

ANY QUESTIONS FOR STAFF?

>> I'LL MAKE A MOTION. I MOVE TO APPROVE ITEM 12 AS RECOMMENDED BY STAFF.

>> I'VE GOT A MOTION BY STEVE.

>> SECOND.

>> SECOND BY WARREN. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 4 - 0.

CONGRATULATIONS. ITEM 13.

[Public Hearing - Specific Use Permit: DT-1 Pig Trap (SUP24-0016)]

WE'RE GOING TO LET SEAN COME BACK IN.

AS HE DOES, I'M GOING TO READ AN ITEM 13, PUBLIC HEARING, SPECIFIC USE PERMIT DT-1 PIG TRAP SUP 24-0016.

OWNERS U-H-U-D VENTURES, LLC. UHUD.

>> GOOD EVENING, COMMISSIONERS.

DUE TO AN ISSUE WITH THE COLLIN COUNTY APPRAISAL DISTRICT RECORDS, THE CURRENT PROPERTY OWNER DID NOT RECEIVE PROPER NOTICE VIA MAIL.

THEREFORE, STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION CONTINUE THE PUBLIC HEARING AND TABLE THE ITEM TO THE MAY 13TH, 2025 PLANNING AND ZONING COMMISSION MEETING.

>> WHAT WAS THAT DATE?

>> THE MAY 13.

>> THANK YOU. [INAUDIBLE], DO I HAVE A MOTION TO OPEN PUBLIC HEARING FOR ITEM 13?

>> I MOVE.

>> I'VE GOT A MOTION BY MICHAEL.

>> SECOND.

>> SECOND BY WARREN. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5 - 0.

PUBLIC HEARING PORTION IS OPEN FOR ITEM 13.

>> [INAUDIBLE].

>> I APOLOGIZE. THE REQUEST HAS BEEN TO CONTINUE THE PUBLIC HEARING TO THE MAY 13TH, PLANNING AND ZONING.

>> MOVE TO CONTINUE PUBLIC HEARING TILL?

>>TILL TABLE.

>> THE TABLE TILL MAY 13TH.

>> I'VE GOT A MOTION BY SEAN TO TABLE THIS ITEM TO THE MAY 13TH, P&Z MEETING.

>> MAY CONTINUE.

>> MAY CONTINUE.

>> MAY CONTINUE THE PUBLIC HEARING.

>> THE PUBLIC HEARING. EXACTLY.

>> MOTION BY SEAN.

>> SECOND.

>> SECOND BY WARREN. ALL IN FAVOR?

>> AYE.

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5 - 0.

THIS ITEM HAS BEEN TABLED TO MAY 13TH.

WITH THAT, ITEM 14.

[Public Hearing - Specific Use Permit: Cobb Business Park (SUP24-0021)]

SPECIFIC USE PERMIT, COBB BUSINESS PARK, SUP 24-0021.

OWNERS, MILLER MINOR AUTOMOTIVE.

>> THANK YOU, MR. CHAIR, COMMISSIONERS.

BEFORE YOU ALL THIS EVENING IS A REQUEST FOR A SPECIFIC USE PERMIT FOR MINOR AUTOMOBILE REPAIR.

AS SOME OF YOU ALL MAY REMEMBER, THIS SAME APPLICANT DID SUBMIT A SPECIFIC USE PERMIT REQUEST IN AUGUST OF LAST YEAR.

THAT REQUEST WAS FOR MAJOR AUTOMOBILE REPAIR.

THAT REQUEST WAS DENIED BY THE PLANNING AND ZONING COMMISSION IN NOVEMBER OF 2024.

THE APPLICANT DID DECIDE TO APPEAL THAT DECISION TO CITY COUNCIL.

CITY COUNCIL UPHELD THE APPEAL, AND IT WAS DENIED ON DECEMBER 3RD, 2024.

SINCE THEN, THE APPLICANT HAS MADE THE SPECIFIC USE PERMIT REQUEST THAT IS BEFORE YOU ALL THIS EVENING FOR CONSIDERATION.

AGAIN, THIS IS FOR MINOR AUTOMOBILE REPAIR.

THE APPLICANT HAS STATED THAT THEY DO INTEND TO COMPLY WITH THE MINOR AUTOMOBILE REPAIR DEFINITION AS DEFINED BY

[00:10:01]

THE ZONING ORDINANCE AND THUS DEFINITIONS WERE INCLUDED IN THE STAFF REPORT FOR REVIEW.

DURING THE REVIEW PROCESS I DID SPEAK WITH THE APPLICANT JUST TO CONFIRM THAT IT WAS NOT A TYPO, AND THAT THEY WERE INDEED REQUESTING MINOR AUTOMOBILE REPAIR.

THE APPLICANT DID STATE THAT IN THE PREVIOUS SUP, THAT THEY DID HEAR FROM THE RESIDENTS THAT THERE WAS A CONCERN OVER NOISE AND THAT THEY MAKE VEHICLES LOUD.

IT IS THEIR INTENT FOR THIS SIDE OF THE BUSINESS OR FOR THIS PARTICULAR LOCATION TO BE FOR MINOR AUTOMOBILE REPAIR ONLY.

THE OTHER THING THAT HAS CHANGED IS THE LOCATION OF THE PROPOSED SUP REQUEST.

YOU MAY RECALL PREVIOUSLY, THE APPLICANT WAS PROPOSING TO OCCUPY ALL OF BUILDING 6, SO THAT'S THE WHOLE BUILDING THERE WITH THE MAJOR AUTOMOBILE REPAIR USE.

THE APPLICANT WITH THIS REQUEST IS PROPOSING TO SUBDIVIDE THE BUILDING INTO TWO SUITES, SO THESE BUILDINGS WERE ORIGINALLY DESIGNED SO THAT THEY COULD BE EITHER ONE SUITE OR TWO SUITES.

THE APPLICANT IS PROPOSING TO PUT A SOLID WALL DOWN THE MIDDLE OF THE BUILDING AND THAT WALL WOULD COMPLY WITH ALL BUILDING CODE REQUIREMENTS.

ALL OF THE PROPOSED AUTOMOBILE USE, ALL OF THE FUNCTIONS SURROUNDING IT WOULD BE IN THE WESTERN-MOST SUITE OF THE BUILDING WHICH IS SHOWN HERE IN YELLOW.

IT'S ALSO IMPORTANT TO NOTE THAT THERE IS A ZONING ORDINANCE REQUIREMENT THAT ALL AUTOMOBILE RELATED USES BE A MINIMUM OF 250 FEET FROM RESIDENTIAL USES.

THIS PREVIOUSLY WAS NOT MET.

HOWEVER, WITH EVERYTHING GOING IN ONLY THE WESTERN-MOST SUITE.

THAT IS RIGHT AT THE 250 FEET, SO THAT REQUIREMENT IS NOW BEING MET.

THERE HAS BEEN DISCUSSION REGARDING THE FRONT DOOR OR THE GARAGE DOOR.

IF YOU WERE TO LOOK AT THE BUILDING ELEVATIONS, THEY DO HAVE TWO FRONT DOORS.

ONE OF THE SUITES FOR EXAMPLE, WOULD BE WITHIN THE 250 FEET, BUT THAT IS NOT THE SUITE THAT IS SUBJECT TO THE SUP REQUIREMENT THIS EVENING.

AGAIN, THERE IS ANOTHER FRONT DOOR THAT IS OUTSIDE THE 250 FEET REQUIREMENT.

STAFF DID SEND PUBLIC HEARING NOTICES IN ACCORDANCE WITH STATE LAW.

AT THE TIME THAT THE PACKET WAS PUBLISHED, STAFF HAD RECEIVED TWO EMAILS IN OPPOSITION TO THE PROPOSED REQUEST THIS EVENING.

SINCE THE PACKET WAS PUBLISHED, STAFF HAS CONTINUED TO RECEIVE PROJECT INPUT FORMS. EARLIER TODAY I PROVIDED THE COMMISSION WITH AN EMAIL THAT HAD AN ADDITIONAL 57 PROJECT INPUT FORMS OR EMAIL CORRESPONDENCE IN OPPOSITION TO THE REQUEST TO IN FAVOR.

SINCE THAT EMAIL HAS BEEN SENT, STAFF HAS CONTINUED TO RECEIVE PROJECT INPUT FORMS. WE'VE RECEIVED AN ADDITIONAL 10 PUBLIC INPUT FORMS OPPOSED TO THE REQUEST, AND TWO IN FAVOR OF THE REQUESTS.

STAFF IS RECOMMENDING APPROVAL OF THE REQUEST THIS EVENING.

HOWEVER, I WOULD LIKE TO POINT OUT THAT THERE WAS A TYPO IN THE STAFF REPORT WHERE IT SAID MAJOR.

AGAIN, IT IS FOR MINOR.

THIS IS RECOMMENDED FOR APPROVAL THIS EVENING, SUBJECT TO THE CONDITIONS LISTED IN THE STAFF REPORT WITH THE CHANGE THAT IT IS FOR MINOR AUTOMOBILE REPAIR, AND WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS.

>> GOOD. BEFORE WE GO TO QUESTIONS, IS THE APPLICANT HERE AND DO THEY WISH TO SPEAK?

>> YES.

>> YOU'VE GOT 10 MINUTES.

ONE THING TO KNOW, YOU DO NOT HAVE TO USE ALL 10 MINUTES.

>> THIS WILL BE SHORT AND SWEET.

>> PLEASE GIVE YOUR NAME AND ADDRESS FOR THE RECORD FIRST.

>> I'M CARTER FERGUSON.

I LIVE AT 2710 BEDIVERE LANE IN LEWISVILLE AND I'M THE PROPERTY OWNER.

OBVIOUSLY, WE CAME BACK THROUGH THE FIRST TIME AROUND.

BASICALLY, WHAT I DID WAS I LISTENED TO THE COMMENTS, CONCERNS FROM THE SURROUNDING RESIDENTS, AND I CORRECTED THEM.

I HEARD THINGS LIKE, WE DON'T WANT A MUFFLER SHOP, YOU'RE NO LONGER GETTING A MUFFLER SHOP.

YOU'RE INSIDE THE 250 FEET, WE'RE NO LONGER INSIDE THE 250 FEET.

THIS IS WHERE I'M AT.

I NEED TO GET MY BUSINESS GOING OFF THE GROUND,

[00:15:01]

AND I'VE MET ALL OF THE COMMENTS AND CONCERNS.

THERE IS A NOISE CONCERN, I DON'T REALLY KNOW HOW ANYBODY CAN ASSIGN THAT TO ME.

FOR INSTANCE, THE BUILDING THAT'S RIGHT NEXT TO ME, THE GENTLEMAN THAT HAS JUST BOUGHT THAT HE INSTALLS OUTDOOR STEREO SYSTEMS AND MULTI MILLION DOLLAR HOMES.

HE'S GOING TO BE NOISY TOO.

IT'S JUST PART OF THE COMMERCIAL DEVELOPMENT.

THIS IS A C_2 COMMERCIAL DEVELOPMENT.

IT'S BEEN IN PLACE SINCE '97 WITH THE PD ON TOP OF IT.

THIS IS AN ALLOWABLE USE AND I BELIEVE IT SHOULD BE APPROVED. THANK YOU.

>> THANK YOU. WE'RE GOING PUBLIC HEARING PORTION.

AS MENTIONED, I BELIEVE I DON'T WANT TO SPEAK FOR ALL COMMISSIONERS.

I THINK WE RECEIVED A COPIOUS AMOUNT OF EMAILS AND HAD CHANCE TO READ THOSE, BUT WE DO HAVE A FEW PEOPLE WANTING TO SPEAK.

>> CAN I ASK, JONATHAN A QUESTION?

>> YES, OF COURSE.

>> JONATHAN, CAN YOU CLARIFY THE NUMBERS YOU HAD ON? YOU SAID THERE WAS 57 FORMS THAT WERE AGAINST IT AND THEN YOU ADDED 10 MORE TO THOSE SINCE YOU HAD COUNTED IT?

>> YES. SINCE THE E-MAIL THAT WENT OUT EARLIER THIS AFTERNOON, I'VE RECEIVED 10 ADDITIONAL PROJECT INPUT FORMS OPPOSED AND TWO IN FAVOR.

>> TWO ADDITIONAL ONES IN FAVOR?

>> TWO ADDITIONAL ONES IN FAVOR.

>> TWO EARLIER ONES IN SUPPORT?

>> A TOTAL OF FOUR.

>> SIXTY SEVEN AND FOUR TOTAL IN FAVOR?

>> I THINK ONLY TWO.

>> SEVEN. THAT'S CORRECT.

>> CAN I ASK A QUESTION, JONATHAN?

>> YEAH, OF COURSE.

>> THE STAFF REPORTS MENTIONS IT'S ON A PORTION OF ONE LOT.

WHETHER YOU GRANT OR DENY AN SUP, IS IT ON A SUITE-BY-SUITE BASIS, BUILDING-BY-BUILDING BASIS, HOW DOES THAT WORK?

>> THIS SUP, LIKE ALL SUPS, ARE TIED DOWN BY A LEGAL DESCRIPTION.

THE AREA IN YELLOW WILL BE WHERE THE SUP IS TIED TO.

WE HAVE A MEETS AND BOUNDS LEGAL DESCRIPTION THAT HAS BEEN CONFIRMED TO CLOSE BY THE CITY'S GI DEPARTMENT FOR THAT BOUNDARY RIGHT THERE.

IT'S ONLY FOR THAT AREA RIGHT THERE.

IT CANNOT BE MOVED TO THE OTHER PORTION OF THIS BUILDING, IT CANNOT BE MOVED TO ANY OTHER PORTION OF THIS PROPERTY WITHOUT THEM GOING BACK THROUGH THIS PROCESS.

>> THERE WOULD HAVE TO BE A WALL TO DIVIDE THOSE.

>> THAT IS CORRECT. THE EXHIBITS THAT WOULD BE TIED DOWN PER THIS SUP REQUEST REFERENCE THE WALL.

YOU CAN SEE A SOLID BLACK LINE THERE, YOU CAN SEE A FLOOR PLAN HERE IN THE UPPER LEFT CORNER SHOWING A SOLID WALL.

HOWEVER, IT IS ALSO VERY IMPORTANT THAT SHOULD THIS GET APPROVED THIS EVENING, THAT THE PLANNING AND ZONING COMMISSION COULD CONDITION THAT THE WALL BE THERE BEFORE A CERTIFICATE OF OCCUPANCY BE ISSUED FOR THE AUTOMOBILE USE BECAUSE THAT WALL IS NOT THERE TODAY.

BUT AGAIN, AS I SAID EARLIER, THESE BUILDINGS WERE DESIGNED SO THAT THEY COULD EITHER BE ONE TENANT OR TWO TENANTS, SO THE BUILDING IS CONSTRUCTED TO WHERE A WALL CAN BE CONSTRUCTED THERE.

>> JUST TO WRAP MY BRAIN AROUND SOMETHING.

CURRENTLY, IS THIS SETUP AS A LEGAL DESCRIPTION WITH A LOT AND BLOCK?

>> CURRENTLY, THIS WHOLE AREA HERE IS A SINGLE LOT AND BLOCK.

THEY'VE ALL BEEN CONDOED OUT FOR DIFFERENT OWNERSHIP.

IT'S A SINGLE LOT AND BLOCK TODAY, SO THAT'S WHY THE DESCRIPTION READS A PORTION OF THE LOT.

>> GOT YOU. WITH THE CONDO RESTRICTIONS, THEN THEY CAN SEPARATE THAT LOT INTO TWO DIFFERENT LEGAL DESCRIPTIONS, AND THE OWNERSHIP OF THAT PROPERTY, INSTEAD OF HAVING A LOT AND BLOCK OWNERSHIP, WILL THEN HAVE TWO DIFFERENT MEETS AND BOUNDS LEGAL DESCRIPTIONS.

>> YES. ESSENTIALLY, THAT ONE BUILDING, BUILDING 6, OR ANY OF THESE BUILDINGS FOR THAT MATTER, WILL BE, FOR EXAMPLE, THIS WOULD BE SUITE 100, AND SUITE 101, TWO DIFFERENT.

I THINK IN THIS CASE, CURRENTLY, IT'S ALL UNDER THE SAME OWNERSHIP, BUT FROM A CONDO REGIME STANDPOINT, THEY COULD LEGALLY SELL THAT OTHER SUITE.

>> ONE THING I DID WANT TO CLARIFY.

THE LEGAL DESCRIPTION IS A LOT AND BLOCK.

THE REQUEST BEFORE YOU IS FOR A MINOR AUTOMOTIVE.

IT'S GOING TO BE TAKING UP A PORTION OF THE BUILDING, AND SO IT'S ONLY A MEETS AND BOUNDS DESCRIPTION OF THAT SUITE SPACE.

THERE'S NO OTHER MEETS AND BOUNDS DESCRIPTIONS, SO THIS IS TYING IT DOWN IN THE ORDINANCE, AND SO THIS IS LIKE OTHER SUPS THAT WE HAVE DONE IN A MULTI-TENANT SITUATION.

IF THEY WANT TO EXPAND, THEY'RE GOING TO HAVE TO COME BACK IN AND REPEAL AND REPLACE THE PD, GO THROUGH THE PROCESS, AND THAT'S NOT AUTOMATIC.

>> GOT YOU. I GUESS MY TITLE BRAIN WAS THINKING THROUGH

[00:20:04]

OWNERSHIP OF A LOT AND BLOCK VERSUS A MEETS AND BOUNDS FOR A FUTURE OWNER, AND THINKING AGAIN, IF WE WERE DIVIDING THIS UP, IF IT WAS DIVIDING UP AN OWNERSHIP, OR DIVIDING UP JUST A LEGAL DESCRIPTION FOR AN SUP.

IF A FUTURE OWNER COULD THEN OCCUPY THIS ENTIRE LOT AND BLOCK, WHAT WOULD THEN DETERMINE THE OWNERSHIP OR RESPONSIBILITY WITHIN THAT MEETS AND BOUNDS THAT WE'RE TALKING ABOUT? THAT'S WHERE I WAS GOING.

>> SURE, NO, THAT MAKES SENSE. FOR PURPOSE OF THE SUP, THERE'S A LEGAL DESCRIPTION, WHICH IS SHOWN HERE IN YELLOW, TYING DOWN WHERE THAT SUP IS ALLOWED.

SUPS TRAVEL WITH THE LAND.

THE PROPERTY COULD BE SOLD TO ANOTHER BUSINESS OWNER, AND THEY COULD CHOOSE TO OPERATE A MINOR AUTOMOBILE REPAIR IN THIS SPACE.

HOWEVER, THEY WOULD HAVE TO COMPLY WITH THE SUP.

IF THEIR BUSINESS, FOR SOME REASON, DID NOT COMPLY WITH THE SUP, THEY WERE PROPOSING TO EXPAND, WHATEVER IT MAY BE, THEY TOO, WOULD HAVE TO COME FORWARD FOR A NEW SUP AND GO THROUGH THIS PROCESS.

>> GOT YOU. THE WALL THEN, THE PROPOSED WALL, WILL DEFINE WHAT IS THE MEETS AND BOUNDS LEGAL DESCRIPTION THAT WILL BE STATED IN THE SUP.

>> THAT WALL, WHEN YOU LOOK HERE, ESSENTIALLY IS GOING TO RUN RIGHT THERE ALONG THE LEGAL DESCRIPTION.

BUT THE LEGAL DESCRIPTION ITSELF TAKES UP THE WHOLE WESTERN HALF OF BUILDING 6.

NOT JUST THE WALL.

>> THAT HELPS ME. THANK YOU.

>> THE APPLICANT OWNS THE ENTIRE BUILDING.

THAT'S THE CONDOMINIUM. CURRENTLY, THE APPLICANT [INAUDIBLE] A LOT.

THEY OWN ALL OF BUILDING 6.

>> I DO WANT TO KEEP ASKING QUESTIONS, BUT LET'S GO AND JUMP IN A PUBLIC HEARING.

DO YOU HAVE A MOTION TO OPEN PUBLIC HEARING?

>> SO MOVED.

>> MOTION BY BRITTANY.

>> SECOND.

>> SECOND BY STEVE. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 6-0.

BRITTANY IS GOING TO CALL YOU OUT IF YOU WOULD COME OUT, AND EVEN THOUGH SHE CALLS YOU, YOU SHOULD STILL SAY YOUR NAME AND ADDRESS.

YOU HAVE FIVE MINUTES, DON'T HAVE TO USE AT ALL.

I BELIEVE WE'VE GOT YOUR E MAILS, BUT OBVIOUSLY IT'S YOUR CHANCE.

WE LOVE WHEN THE COMMUNITY GETS INVOLVED.

>> JOHN, REAL QUICK. YOU'LL PASS 5-0, NOT 6-0.

>> THANK YOU.

>> THE PUBLIC HEARING.

>> PUBLIC HEARING PASS 6-0. THANK YOU FOR THAT.

>> FIVE, ZERO.

>> FIVE ZERO.

>> LET'S START WITH KIM MARTIN.

>> THANK YOU FOR HEARING US, EXCUSE ME.

MY NAME IS KIM MARTIN, AND MY ADDRESS IS 11039 FIREFLY LANE IN MEADOW HILL ESTATES.

MEADOW HILL ESTATES IS 614 HOMES.

THE LAST TIME WE WERE HERE WAS IN NOVEMBER, AND OUR NEIGHBORHOOD HAD SENT 96 WRITTEN COMMUNICATIONS TO MR. HUBBARD AGAINST THE SUP, AND I DON'T THINK THAT WE MENTIONED THAT IN THE MEETING LAST TIME.

BUT REGARDING THE SUP, THE BUILDING ITSELF IS 197 FEET FROM THE MEADOW HILL ESTATES PERIMETER WALL, BUT I NOTICED IN THE AGENDA, IT DESCRIBES THE BUILDING AS BEING 200 FEET PLUS OR MINUS FROM THE NORTH COUNTY ROAD.

IF WE WANT TO INCLUDE NORTH COUNTY ROAD IN THE RZD, THE RESIDENTIAL ZONING DISTRICT, THEN THE BUILDING WOULD BE ONLY 145 FEET FROM NORTH COUNTY ROAD, NOT 200 FEET AS IS LISTED IN THE AGENDA.

WE JUST WANT THE CITY TO ENFORCE THE ZONING ORDINANCES THAT ARE ALREADY IN PLACE.

IN SECTION 4.07.12 OF OUR ZONING ORDINANCE, ADJACENCY OF CERTAIN USES TO RESIDENTIAL ZONING TALKS ABOUT A, STRUCTURES IN CONJUNCTION WITH ANY AUTOMOTIVE USE, AND I WON'T READ THE WHOLE THING.

BUT NUMBER 1 SAYS, ALL BUILDINGS, GAS PUMP ISLANDS, VACUUMS, OUTDOOR SPEAKERS, GAS FUEL, STORAGE TANKS, AIR AND WATER DISPENSERS, AND OTHER STRUCTURES IN CONJUNCTION WITH ANY AUTOMOTIVE USE SHALL BE LOCATED AT A MINIMUM OF 250 FEET FROM A RESIDENTIAL ZONING DISTRICT.

THAT SAYS ALL BUILDINGS.

IT DOESN'T SAY PART OF A BUILDING, IT DOESN'T TALK ABOUT WALLS IN BUILDINGS.

THEY'VE TALKED ABOUT MAJOR AUTO REPAIR AND MINOR AUTO REPAIR.

IN OUR DEFINITIONS IN SECTION SECTION 7.01.01,

[00:25:01]

IT DEFINES MAJOR AUTO REPAIR, AND IN THAT MAJOR AUTO REPAIR IS CUSTOMIZING, WHICH WAS FORMERLY THE BUSINESS OF MILLER MUFFLER AND SUSPENSION, PAINTING, VEHICLE STEAM CLEANING, TIRE RETREADING, INSURANCE ESTIMATIONS, AND A NUMBER OF OTHER THINGS THAT YOU WOULD ASSOCIATE WITH MAJOR AUTO REPAIR.

MINOR AUTO REPAIR IS BASICALLY INSPECTIONS FOR STATE INSPECTIONS, OIL CHANGES, WINDOW TINTING, INSTALLING RADIOS IN CARS, AND GETTING CARS READY TO PASS STATE INSPECTION.

MY QUESTION IS, THE ADJACENCY CLAUSE DOESN'T MAKE A DIFFERENCE BETWEEN MAJOR AND MINOR AUTO REPAIR.

IT SAYS ALL AUTO REPAIR SHOULD BE 250 FEET, AND IT SAYS BUILDINGS.

MY QUESTION FOR THE OWNER IS, DOES HE REALLY INTEND TO CHANGE HIS BUSINESS PLAN TO THIS DEGREE? THIS IS SO MUCH LESS THAN HE DOES AT HIS OTHER LOCATIONS.

BASICALLY, THERE ARE REASONS FOR THESE RULES.

THEY'RE TO PROTECT NEIGHBORHOOD PROPERTY VALUES AND QUALITY OF LIFE.

MY CONCERN IS IF WE SAY, WELL, IF YOU PUT UP A WALL IN THE BUILDING AND WE COUNT THE 250 FEET FROM THAT, DOES THAT LEAVE IT TO THE NEIGHBORHOOD TO POLICE THIS IN THE FUTURE? ARE WE THE ONES THAT ARE GOING TO HAVE TO SAY, HEY, HE'S NOT ADHERING TO HIS SUP? WHEN WE'RE GONE IN 3-5 YEARS OR HOWEVER LONG IT TAKES, WHO'S GOING TO REMEMBER THAT THERE WAS AN SUP? WHO'S GOING TO REMEMBER THAT THERE'S NOT SUPPOSED TO BE MAJOR AUTO REPAIR THERE? THAT'S A QUESTION.

THANK YOU FOR HEARING US.

>> GREAT. THANK YOU.

>> THANK YOU. UP NEXT, KAREN ROSS.

>> YOU WANT TO TELL THEM WHO TO FOLLOW?

>> THAT WOULD BE GREAT. HOW ABOUT JOHN FERGUSON BE ON DECK?

>> GOOD EVENING. MY NAME IS KAREN ROSS, AND I LIVE AT 7404 DAFFODIL WAY IN MEADOW HILL.

WE'VE BEEN THERE SINCE 2008.

IT IS OUR HOME.

WE LOVE THE NEIGHBORHOOD, WE LOVE THE LIFESTYLE, AND WE WANT THAT TO CONTINUE.

I WORK FROM HOME, AND MY WINDOW OF MY OFFICE LOOKS DIRECTLY ONTO NORTH COUNTY.

I HEAR THE TRAFFIC, I SEE THE TRAFFIC THAT IS INCREASED, AND IT'S WORSE RIGHT NOW BECAUSE OF MAIN STREET, BUT HOPEFULLY THAT WILL GET BETTER.

BUT WE DO NOT NEED INCREASED TRAFFIC THERE.

I UNDERSTAND HE'S SAYING HE'S CHANGING HIS BUSINESS MODEL, WHICH I APPRECIATE THAT, BUT WHAT'S TO STOP THAT FROM CHANGING ONCE HE'S IN AND DOING BUSINESS? WE'VE ALREADY DEFEATED THIS, AND THERE WAS A REASON.

THIS DOES NOT BELONG IN THIS LOCATION.

IT MAY BE A GREAT BUSINESS FOR FRISCO, BUT THERE ARE OTHER PLACES THAT ARE MORE COMMERCIAL, THAT ARE MORE SUITED FOR A BUSINESS LIKE THIS, AND NOT RIGHT NEXT TO A RESIDENTIAL AREA. THANK YOU.

>> THANK YOU.

>> ALL RIGHT, JOHN. THEN UP ON DECK WILL BE EVELYN.

>> JOHN FERGUSON, 8469, FAIR OAKS, FRISCO.

I LIVE IN THIS NEIGHBORHOOD, NOT IN BEN HILL ESTATE, BUT UP IN PRESTON ESTATES.

THE LAST THING WE WANT IS A DECLINE IN PROPERTY VALUE IN ANY OF THIS AREA.

WE'RE HERE IN SUPPORT, I'M HERE IN SUPPORT.

WE HAVE CHANGED SOME ISSUES, REMODELED SOME THINGS.

ALL OF THE MAJOR AUTOMOTIVE STUFF THAT WAS IN THE DEFINITION, WE DON'T EVEN DO.

WE RECLASSIFIED TO MINOR, MOVE THE LOCATION OF THE BUILDING, DECREASED OUR FOOTPRINT.

WE THINK WE CAN STILL BE SUCCESSFUL DOING THINGS THERE, SO WE WOULD GLADLY ASK FOR YOUR APPROVAL. THANK YOU.

>> THANK YOU. EVELYN, IF YOU'D LIKE TO SPEAK, PLEASE COME UP, AND THEN ANDREW WILL BE ON DECK.

>> HELLO. MY NAME IS EVELYN [INAUDIBLE], 7419, CHINABERRY LANE, FRISCO, TEXAS.

FIRST OF ALL, WE'RE HAVING TO COME UP HERE AGAIN.

I ACTUALLY RECENTLY WALKED OVER THERE WHEN I SAW THE SIGN, AND THE NEIGHBORS WERE POSTING ABOUT IT.

I WALKED OVER THERE, AND I SAW A SIGN AND IT HAD THE LEASING AGENT, WHATEVER.

I CALLED THE MAN, HIS NAME IS ROBERT, AND I SPOKE TO HIM,

[00:30:01]

AND ASKED HIM IF HE WAS THE ONE THAT WE WERE GOING TO HAVE TO COME TO THE CITY COUNCIL MEETING ABOUT AGAIN.

HE STATED HE WAS NOT.

HE SAID, YOU MUST BE TALKING ABOUT THE GUY NEXT DOOR BECAUSE HE IS HE WAS ACTUALLY VOTED DOWN.

I TOLD HIM THAT IT WAS UP AGAIN FOR REVIEW, AND HE SAID, WELL, I HAD NO IDEA.

HE SAID, I'D JUST LEASED OUT THE OTHER TWO SPACES.

I ASKED HIM WHAT THEY WERE, AND IT IS HOME SYSTEMS FOR INSIDE YOUR HOME, OR PATIOS OR WHATEVER, AND THE NEXT ONE IS AN INTERNET BUSINESS.

I SAID, OKAY, AND HE GOES, ARE YOU FOR SURE SAYING THAT THERE'S A MEETING? I TOLD HIM WHEN IT WAS.

HE STATED, IF I WOULD SEND HIM THE INFORMATION, WHICH I DID, AND I ALSO TOLD HIM, YOU MIGHT ALSO WANT TO ATTEND THE MEETING BECAUSE YOU DO NOT WANT THE NOISE THAT WE ALREADY HEAR FROM NORTH COUNTY ROAD, FROM ELDORADO, FROM FRISCO STREET.

HE STATED THAT HE WAS CONCERNED ABOUT IT.

ON THE OTHER HAND, OUR NEIGHBORHOOD HAS SEEN AN INCREASE IN TRAFFIC IN THE INTERSECTION, WE STILL HAVE THE KIDS, WE STILL HAVE THE BUS ROUTES.

WE NOW HAVE ANOTHER SPORTS BUSINESS GOING RIGHT NEXT TO THE PIT.

WE'RE SURROUNDED BY CHILDREN.

YOU'RE SURROUNDED BY THE CHURCH, WHICH THAT'S ANOTHER PROBLEM.

BUT THEIR NOISE, WHEN THEIR BASE IS ON, WHICH THEY SAID TO US, HERE'S OUR PHONE NUMBER, WHENEVER IT'S TOO LOUD, PLEASE CONTACT US.

WE HAVE CONTINUOUSLY TRIED TO DO THAT, THE BASE HAS GOTTEN LOUDER.

WE HEAR THAT AS WELL.

THAT IS A CHURCH.

I CAN'T IMAGINE WHAT WE WOULD HEAR WHEN WE WOULD HEAR THE RAVING UP OF THESE MUFFLERS THAT HE CONTINUES TO DO.

HE'S NOT STATED THAT HE IS NOT GOING TO USE MUFFLER ENHANCERS OR ANYTHING LIKE THAT.

WHAT PART OF THE GUIDELINES ARE WE NOT UNDERSTANDING AS THEY'RE NOT MEETING THE GUIDELINES? I DON'T KNOW HOW ELSE TO WORD IT, OR NO MEANS NO, OR DOES IT STILL MEAN NO? I'M JUST NOT UNDERSTANDING THAT PART.

THEN A WALL, REINSTATING A WALL.

IF I PUT IN A WALL IN MY HOME, AND I CHOOSE TO NOT USE THAT AREA, AM I GOING TO BE TAXED ON IT? NO, A HOME IS STILL A HOME.

THE BUSINESS IS STILL A BUSINESS.

IT'S STILL IN THE SAME PERIMETER, JUST AS ROBERT, THE OTHER LEASING AGENT, DESCRIBED IT TO ME. HE CAN PUT IN A WALL.

IT DOESN'T MATTER THAT GARAGE IS STILL GOING TO BE UP IF YOU HAVE PASSED BY THERE, WHICH I DID WHEN I WAS SPEAKING TO THE MAN.

WE DID. THE LIFT KIT IS STILL THERE.

I DON'T UNDERSTAND HOW YOU COULD SAY THAT PUTTING IN A WALL IS NOT GOING TO DETER THE NOISE.

I LITERALLY HEAR THE NOISE FROM THE CHURCH, AND THAT'S A SANCTUARY PLACE.

PUTTING IN A WALL IS GOING TO DO NOTHING FOR ANYONE.

AT THE END OF THE DAY, HOW MANY TIMES ARE WE GOING TO HAVE TO COME UP HERE, AS FRISCO RESIDENTS, TO DEFEND OURSELVES AGAINST A NON-FRISCO RESIDENT? SOMEONE THAT WANTS TO PUT IN A BUSINESS, A NOISY BUSINESS, IN THE MIDDLE OF A NEIGHBORHOOD.

I JUST DON'T UNDERSTAND WHY WE HAVE TO CONTINUE TO COME UP HERE TIME AFTER TIME AFTER TIME AGAIN.

>> THANK YOU.

>> THANK YOU FOR YOUR TIME.

I COULD HAVE ANDREW COME UP IF HE'D STILL LIKE TO SPEAK, AND THEN UP NEXT WOULD BE LAURA EDWARDS, I THINK IT SAYS EDWARDS.

>> GOOD EVENING. MY NAME IS ANDREW ERHART, LIVE AT 10529 WHISPERING PINES DRIVE.

WE'VE LIVED HERE 23 YEARS OR SO IN THE NEIGHBORHOOD.

I DID SPEAK PREVIOUSLY AT THE FIRST SUBMISSION BY THIS APPLICANT.

HONESTLY, ALL THE SAME CONCERNS FROM THAT FIRST SUBMISSION STILL EXIST.

OF COURSE, THE PRIMARY CONCERN WAS, AND STILL IS, THE LOCATION.

THEY HAVE TWO OTHER LOCATIONS ALONG GEORGE BUSH, AROUND OTHER SURROUNDING BUSINESSES THAT ARE MUCH MORE IN TUNE WITH WHAT THEY DO, ALL OF THAT WAS DISCUSSED BEFORE.

FRISCO'S HIGH ZONING STANDARDS, IT'S MADE US A GREAT CITY AND SHOULDN'T BE COMPROMISED.

THIS ALONE TO ME SHOULD BE ENOUGH TO DENY THIS APPLICATION JUST LIKE BEFORE.

>> BUT AS WE'VE HEARD, THIS IS BEING PRESENTED AS A DIFFERENT BUSINESS.

BUT THAT TACTIC, SEEMS LIKE THEY'RE JUST TRYING TO GET APPROVED ON TECHNICALITIES, SUCH AS SPLITTING THEIR BUILDING WITH THE ADJACENT SPACE, AND I'LL TOUCH BACK ON THAT LATER.

BUT THEY ALSO CHANGED THEIR WORDING TO INCLUDE MINOR.

BUT IS IT REALLY, OR ARE THEY JUST TRYING TO PUT LIPSTICK ON IT? THE DEFINITION OF MAJOR REPAIR INCLUDES CUSTOMIZING.

REMEMBER THAT, AND FRAMEWORK, FROM THE BUSINESS'S MAIN WEB PAGE, THEY LIST EXHAUST, FRONT END REPAIR, IMPROVING PERFORMANCE AND LIFTING VEHICLES, NOTING, ENHANCE YOUR VEHICLE.

ENHANCE SOUNDS A LOT LIKE CUSTOMIZING.

[00:35:01]

AND FROM THEIR SERVICES PAGE, THEY GO BEYOND THAT AND CUSTOM EXHAUST, INCLUDING PERFORMANCE MUFFLERS.

THEY EVEN NOTE WHICH TYPE OF EXHAUST OR RASPIER AND LOUDER, AND, AGAIN, PROVIDE MORE POWER GAINS.

WHEN YOU LOOK AT EXAMPLE PHOTOS THAT ON THEIR WEBSITE, YOU SEE A LAMBORGHINI AND A DODGE VIPER ALONG WITH TWO EXAMPLES OF CARS COMPLETELY DELETING THE MUFFLER ALTOGETHER.

THESE ARE FULLY CUSTOM EXHAUST THEY FABRICATE IN THEIR SHOP.

FINAL EXAMPLE, THEY SHOW A PICTURE OF AN EXTENSIVELY LIFTED TRUCK, SAYING THEY OFFER LIFTS TO AS HIGH AS YOU WANT TO GO.

THAT'S CERTAINLY CUSTOMIZING, AND ALSO BELIEVE THAT TAILS FRAME AND SUSPENSION WORK.

ALL THESE ARE EXAMPLES OF MAJOR AUTOMOBILE WORK, AND IS FURTHER REASON WHY THIS SHOULD BE DENIED.

JUST BECAUSE THEIR APPLICANT NAME SAYS MINOR DOESN'T MEAN IT WILL BE.

IF IT WALKS AND TALKS LIKE A DUCK, IT PROBABLY IS.

GOOGLE MAPS HAS THIS LOCATION IS THE SAME NAME AS THE OTHERS, AND YOU CAN'T GOOGLE MILLER MINOR AUTOMOTIVE, ONLY MILLER EXHAUST.

YOU CAN'T FIND ANYTHING ONLINE ABOUT THEIR SUBMITTED BUSINESS.

BACK ON SPLITTING THEIR BUILDING INTO TWO AREAS, WAS SOMETHING I NOTED AND WAS EXPLAINED TONIGHT.

BUT THE BUILDING IS CURRENTLY SET UP TO SERVICE VEHICLES IN THAT OTHER BAY WITH A LIFT JUST INSIDE THAT.

MY QUESTION WOULD BE ON THIS, ARE THEY WILLING TO REMOVE THAT DOOR TO MAKE SURE THEY DON'T USE IT? IF THIS HAPPENED TO GET APPROVED, WHAT ARE THE CONSEQUENCES WHEN THEY DON'T FOLLOW THOSE RESTRICTIONS? I WOULD TEND TO THINK, TOO, THAT EXHAUST WORK SHOULD BE OMITTED FROM ANY ALLOWABLE WORK THERE.

IN THIS BUILDING IS OWNED BY MILLER MUFFLER WITH THEIR LEWISVILLE ADDRESS.

THEY HAVE EVERY MOTIVATION AND ARE WILLING TO SAY ANYTHING TO GET THIS APPROVED IN ANY WAY THEY CAN.

OTHERWISE, THEY'RE STUCK WITH A BUILDING THEY OWN, BUT CAN'T USE.

THEY MADE A BAD DECISION TO PURCHASE THIS BUILDING BEFORE ZONING WAS APPROVED.

THE NEIGHBORHOOD RESIDENTS SHOULDN'T PAY THE PRICE OF SOMEONE ELSE'S BAD BUSINESS DECISION.

THIS COMMISSION, THEREFORE, I FEEL, MUST DENY THIS RECOMMENDATION. THANK YOU.

>> THANK YOU. WE HAVE LAURA, AND IF NEXT, WE CAN GET DOUG.

I CAN SEE EDWARDS, SO.

YEAH, I HAVE A FEELING LAURA CONNECTION.

>> LAURA EDWARDS. SORRY, MY HAND WRITING IS HORRIBLE. NO, YOU'RE GOOD EVENING.

>> IT WASN'T HORRIBLE. I'M SORRY IF I AM PLAYED THAT.

>> I'M A 16 YEAR RESIDENT AT 10615 OUTER CREST LANE.

I ALSO RESIDE WITHIN 200 FEET FROM THE PROPOSED SITE WITH THE SPECIAL USE PERMIT.

I HAD NO IDEA ABOUT THE WALL THING.

MY QUESTION IS REALLY THE SAME.

THAT FIRST GARAGE DOOR THAT IS CLOSEST TO MY HOUSE THAT IS WITHIN THAT 250 FOOT.

IT HAS LIFTS ALREADY AND PREPARED FOR WORK.

ARE WE AS RESIDENTS GOING TO BE ABLE TO LOCK THAT SITE UP, AND WE DON'T USE THAT FOR ANY CUSTOMIZATIONS AT ALL.

HIS WEBSITE IS FULL OF EXHAUST, NOISE, CUSTOMIZING.

AT THIS POINT, IT'S IT'S ALMOST LAUGHABLE THAT WE'RE HERE AGAIN DOING THIS AND SAYING MINOR.

THIS IS JUST LIKE A SLAP IN THE FACE TO THE NEIGHBORS WHO HAVE LIVED HERE AND INVESTED IN FRISCO, PAID OUR TAXES.

I JUST REALLY ASK THAT YOU DENY THIS REQUEST.

AGAIN, JUST LIKE THE CITY COUNCIL DID, THEY SAW NO COMPELLING REASON.

THE CITY COUNCIL SAID THEY HAD SAW NO COMPELLING REASON TO REZONE THIS AND TO PUT AN SUP IN.

I SEE NO COMPELLING REASON, EITHER.

MY HEART GOES OUT TO HIM THAT HE BOUGHT THIS BUILDING AND JUMPED THE GUN.

BUT WE SHOULDN'T SUFFER.

WE JUST SHOULDN'T SUFFER FOR THIS.

I JUST ASK THAT YOU DENY THIS. THANK YOU.

>> THANK YOU.

>> THANK YOU, LAURA. DOUG IS UP.

NEXT WILL BE CARTER.

>> HOWDY, APPRECIATE Y'ALL'S EFFORT FOR COMING EVERY NIGHT TO THESE.

I KNOW THEY'RE GRUELING AND TIME CONSUMING FOR YOU AS WELL.

BUT AGAIN, HERE WE ARE.

WE'RE FACED WITH THE SAME FACTS WE HAD BEFORE.

IT'S A ZONING REQUEST CHANGE.

THE FACT OF THE MATTER IS IS THAT THE BUILDING IN ITS ENTIRETY IS WITHIN THE 250 FOOT LIMIT, AS WAS ALREADY DESIGNATED BY ZONING LAWS.

TO ASK TO EVEN ALLOW THE WORD AUTOMOTIVE OF ANY MEANS IS PROHIBITIVE, BECAUSE THAT'S WHAT THE ZONING LAW STATES.

NO AUTOMOTIVE REPAIR OF ANY KIND SHAPE OR FORM, WHETHER IT'S MINOR, MAJOR OR A BOX OF FEATHERS WITH A TWO SET OF WHEELS ON IT. IT'S NOT ALLOWED.

I WANT TO EMPHASIZE ON THIS.

THESE FOLKS HAVE SPENT THEIR TIME EFFORT TO COME UP HERE TO DISCUSS THIS AND TO EXPLAIN THIS TIME AND TIME AGAIN, AND I KNOW YOU'RE TIRED OF HEARING THE SAME OLD SONG AND DANCE.

BUT THESE GENTLEMEN HAVE GONE OUT ON A LIMB.

[00:40:04]

THEY WERE PROBABLY HOODWINKED INTO THEIR COMMITMENT FOR THIS AREA, THIS BUILDING, AND BY VIRTUE OF THAT COMMITMENT, THEY FORESHADOWED ALL LEGALITIES AND PUT IN THESE LIFTS AND ALL THESE OTHER STRUCTURES WITHIN THE LIMITS OF THIS BUILDING WITH THE INTENTION OF DOING AUTOMOTIVE REPAIR AND THAT WAS UNFORTUNATELY THEIR MISTAKE.

IT'S UNFORTUNATE ALSO THAT THEY'VE GOT TO LIVE WITH THAT.

I AS A RESIDENT AND A HOMEOWNER AND A VALUED PARTICIPANT IN THIS NEIGHBORHOOD, I SAY, LET'S UPHOLD THIS ZONING ORDINANCE, PLEASE AND REJECT THIS REQUEST. THANK YOU FOR YOUR TIME.

>> THANK YOU.

>> THANK YOU. CARTER. THEN UP NEXT, WE'LL HAVE CHUCK MARTIN.

>> DO YOU GUYS GOING TO ASK ME QUESTIONS? YOU WANT ME TO SPEAK OUT?

>> WE MAY ASK YOU QUESTIONS.

>> I SPOKE IN THE FRONT END. DO YOU WANT ME TO SPEAK AFTER AT THE END ASK ME?

>> YOU'VE GOT FIVE MINUTES, BUT THEN YOU CAN ONLY COME BACK UP IF YOU'RE ASKED A QUESTION.

IF HE SUBMITS THE NAME HE CAN.

>> IF YOU DO WANT TO SPEAK FOR OR AGAINST, YOU DEFINITELY HAVE THE OPPORTUNITY NOW.

I'M SURE YOU'RE ADDRESSING US AND NOT AUDIENCE.

>> NOT THE AUDIENCE. I GUESS I'M A LITTLE BIT CONFUSED ME THEY'RE TALKING ABOUT WEBSITE. WE'RE TALKING ABOUT ZONING.

WE'RE OUTSIDE OF THE ZONING ORDINANCE NOW.

I HAVE EVERY RIGHT TO SPLIT THE BUILDING IN HALF THE BUILDING WAS DESIGNED TO BE THAT.

I AM NOW OUTSIDE OF THE 250 FOOT ORDINANCE THAT EVERY SINGLE PERSON CITED AND USED AGAINST ME IN THE FIRST SUP CASE.

THAT BEING SAID, AS FAR AS THE BUSINESS MODEL, I REALLY DID.

I REALLY LISTENED TO EVERYTHING THAT THEY SAID THEY DID NOT WANT THERE, AND I CHANGED THE SCOPE.

THE REASON THAT THERE'S NOT ANYTHING ON THE INTERNET AND THE LIFTS ARE STILL THERE IS COST ME MONEY TO DO ALL THAT, I HAVE TO BE HERE FIRST.

I HAVE TO MAKE SURE THAT THIS PROCESS CAN GET DONE FIRST SO I CAN MOVE THE BUSINESS FORWARD IN THAT DIRECTION.

MY SCOPE TRUNK TO MEET WHAT THEY REQUESTED SO I COULD GET IN THERE AND OPERATE AND DO BUSINESS.

THEY'RE RIGHT. I DO. I HAVE A BEAUTIFUL BUILDING THAT I CAN'T DO ANYTHING OUT OF.

WELL, LET ME PHRASE IT. I CAN'T OPERATE AN AUTOMOTIVE BUSINESS OUT OF IT CURRENTLY.

IT DOESN'T STOP ME FROM DOING A WHOLE MESS OF OTHER THINGS INSIDE OF THAT BUILDING IF THIS DOES GET SHUT DOWN, BUT WE JUST GOT TO GET TO THAT POINT AT THAT TIME.

BUT AGAIN, BEAT THE ZONING ORDINANCE.

WE'RE NOW OUTSIDE OF THE 250 FEET.

I LISTENED TO THE ORIGINAL CONCERNS, AND I MODIFIED THE SCOPE OF MY BUSINESS TO INCLUDE SOMETHING WHERE I COULD MAKE MONEY AND BE SUCCESSFUL.

I DON'T REALLY THINK THAT ANYBODY HERE HAS PRESENTED ANY EVIDENCE AGAINST ME THAT IS VALID.

TRAFFIC FROM THE VERY FIRST TIME THAT THE TRAFFIC PEOPLE GOT UP HERE.

THEY SAID, WE ARE MINIMAL TO LOW IMPACT ON TRAFFIC, SO INCREASE IN TRAFFIC IS NOT GOING TO BE A PROBLEM.

AS FAR AS THE NOISE, I'M SORRY THAT THE CHURCH MAKES NOISE.

I'M SORRY THAT COMMERCIAL BUSINESS MAKES NOISE, BUT THAT'S JUST PART OF IT.

THIS HAS ALWAYS BEEN A C2 ZONING.

I'M AN ALLOWABLE USE IN HERE, AND I FEEL LIKE THIS REALLY SHOULD BE SOMETHING THAT YOU GUYS ALLOW.

I'VE MODIFIED. I TOOK THE TIME TO DO EVERYTHING CORRECTLY.

I WOULD LIKE TO MAKE GOOD GOING FORWARD WITH THE NEIGHBORS AS OPPOSED TO HAVING THIS NEVER ENDING PROBLEM.

I'VE SPOKEN TO THE CHURCH SEVERAL TIMES AS WELL.

THE POLICE DEPARTMENT'S BEEN OUT OVER TEN TIMES.

I DON'T WANT THOSE SAME ISSUES.

I WOULD LIKE TO WORK WITH THE NEIGHBORHOOD AROUND US AND MOVE FORWARD AND BE GOOD NEIGHBORS AND NOT HAVE THIS CONTINUOUS FIGHTING GOING ON.

BUT THAT BEING SAID, I THINK YOU SHOULD APPROVE THIS. SO THANK YOU.

>> THANK YOU, CARTER. CHUCK MARTIN.

>> ANYONE ELSE IS NEXT.

>> I'M CHUCK MARTIN 22 YEAR RESIDENT, 11039 FIREFLY LANE AND FRISCO.

SO MUCH HAS ALREADY BEEN SAID.

MY QUESTIONS PRIMARILY HAVE TO DO WITH TWO THINGS.

ONE IS, IT APPEARS TO ME THAT THE SPLITTING OF THE BUILDING IS I'M NOT AS I READ THE ORDINANCES RELATED TO THE USE OF THE BUILDING.

IT SAYS ANY AUTOMOTIVE USE, AND IT SPEAKS IN TERMS OF THE BUILDING.

IT APPEARS TO ME THAT THERE'S AN ATTEMPT TO REDEFINE THE BUILDING IN ORDER TO MEET THE LETTER OF THE LAW.

REALLY THAT RAISES TWO QUESTIONS.

ONE FOR ME IS I WOULD REALLY WANT TO SEE A REMEASUREMENT TO MAKE SURE THE 250 FEET THAT WE'RE TALKING ABOUT IS IN FACT, TO THE NEAREST PROPERTY.

THAT WOULD BE ONE QUESTION I WOULD HAVE.

THE OTHER IS, OBVIOUSLY, THERE ARE CONCERNS THAT HAVE ALREADY BEEN STATED VERY WELL, CONCERNING NOISE,

[00:45:02]

CONCERNING THE NATURE OF THE BUSINESS AND ITS PROXIMITY TO A VERY NICE RESIDENTIAL AREA, AND IT'S NOT THAT WE'RE OPPOSED TO THE BUSINESS ITSELF.

IT'S NOT THAT WE'RE OPPOSED TO THE GENTLEMAN WHO BOUGHT THE BUILDING. NOT AT ALL.

HOWEVER, IF YOU'LL RECALL, 96 PEOPLE RODE IN FROM OUR NEIGHBORHOOD IN OPPOSITION TO THAT, FOR THE PREVIOUS HEARING.

HERE WE ARE JUST A FEW MONTHS LATER AND ACCORDING TO WHAT WAS JUST SHARED, 67 PEOPLE VERSUS FOUR, AGAIN, HAVE SPOKEN OUT.

THE QUESTION I WOULD HAVE IS ARE WE ARE WE NOT LISTENING TO THE PEOPLE AND BENDING OVER BACKWARDS TO CHANGE REQUIREMENTS FOR A BUSINESS THAT ISN'T EVEN IN FRISCO VERSUS RESIDENTS WHO PAID TAXES IN THE CITY.

THAT'S THAT'S MY QUESTION.

I WOULD BE OPPOSED TO IT.

I WAS LAST TIME, AND I AM TONIGHT.

THANK YOU FOR YOUR CONSIDERATION.

>> THANK YOU.

>> THANK YOU. I JUST WANTED TO ADD THAT I UNDERSTAND THAT YOU ALL AS RESIDENTS BEAT INTO MEMORIAL HIGH SCHOOL.

I KNOW YOU ALL HAVE, AS WELL AS ALL THE CITIZENS IN FRISCO, HAVE BEEN ENDURING A BIG LOSS AND JUST FOR YOU ALL TO BE HERE TONIGHT, I COMMEND THAT, AND I KNOW THAT THERE'S A LOT OF EMOTIONS GOING ON.

I JUST WANT TO LET YOU ALL KNOW THAT YOU ARE SEEN AND HEARD IN THE AREA OF THE GRIEF THAT IS GOING ON, AND I'M REALLY SORRY FOR ALL OF YOU AND ALL OF US AS WE GRIEVE IN FRISCO.

I JUST WANTED TO MENTION THAT.

>> THANK YOU. BEFORE WE MAKE A MOTION TO CLOSE BOB KARY.

IS THERE ANYONE ELSE? IF NOT, DO YOU HAVE A MOTION TO CLOSE PUBLIC HEARING FOR ITEM 14?

>> PUBLIC HEARING.

>> MOTION BY SEAN.

>> SECOND.

>> SECOND BY BRITTANY. ALL IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5/0.

>> I WOULD LIKE TO CLARIFY ONE ITEM THAT WAS MAYBE A BIT UNCLEAR IN THE STAFF REPORT AND WAS BROUGHT UP THIS EVENING.

SO IN THE ZONING ORDINANCE, WHEN IT IS TALKING ABOUT A MEASUREMENT, AS THE LADY MENTIONED, IT DOES STATE 250 FEET FROM THE ZONING DISTRICT BOUNDARY.

TYPICALLY, ZONING DISTRICT BOUNDARIES DO GO TO THE CENTER LINE OF ADJACENT THOROUGHFARES.

IN THIS PARTICULAR CASE, THE ZONING DISTRICT BOUNDARY, THE SINGLE FAMILY ZONING DOES GO A BIT FURTHER TO THE WEST.

IT'S NOT A STRAIGHT CENTER LINE.

IF WE WERE TO DO THE MEASUREMENT FROM THAT SINGLE FAMILY ZONING DISTRICT BOUNDARY, LET'S SAY, MIDDLE OF MIDDLE OF NORTH COUNTY, YOU ARE LOOKING MORE AT 220 FEET.

THAT 250 FEET MEASUREMENT THAT IS NOTED IN THE STAFF REPORT IS FROM THE ACTUAL SINGLE FAMILY LOTS OR THE WALL PER SE.

NOW, ONE THING THAT I DO WANT TO ALSO CLARIFY AS IT IS REFERENCED IN THE STAFF REPORT, THE ZONING ORDINANCE DOES HAVE A PROVISION WHERE THIS REQUIREMENT, THIS DISTANCE REQUIREMENT DOES NOT APPLY IF THE USE IS SEPARATED FROM THE RESIDENTIAL AREA BY A MAJOR OR MINOR THOROUGHFARE.

AND AS INDICATED IN THE STAFF REPORT, IT IS SEPARATED BY AN ADDITIONAL BUILDING, BUILDING SEVEN AND NORTH COUNTY, BUT NORTH COUNTY IS CLASSIFIED AS A COLLECTOR.

THEREFORE, THE REQUIREMENT STILL DOES APPLY.

BUT I JUST WANTED TO CLARIFY THAT POINT.

>> WHILE YOU'RE UP THERE CAN I ASK YOU TWO QUESTIONS?

>> SURE.

>> IS THAT OKAY? DOES ANYONE ELSE HAVE QUESTIONS FOR HIM WHILE HE'S UP THERE TOO?

>> SOUNDS GOOD. YOU'RE GOING TO DO IT ANYWAY.

>> NO, I CAN TOTALLY PAUSE. I DON'T.

DID I RUSH YOUR PROCESS AGAIN? I SPEAK YOU'RE IN CHARGE? YOU'RE RUNNING THE SHOW.

>> BRITTANY'S GOT TWO QUESTIONS.

>> I'M SORRY. JUST BEING THAT THE APPLICANT HAD SAID WORDS AS THIS IS ALLOWABLE USE IN C2 COMMERCIAL DEVELOPMENT, AND THAT HE HAS THIS BY RIGHT, I JUST WANTED TO CLARIFY AGAIN, WE DO HAVE AN SUP IN FRONT OF US, WHICH IS A SPECIFIC USE PERMIT.

AS FAR AS ALLOWABLE OR BY RIGHT, THIS WOULD BE SOMETHING THAT IN TYPICAL ZONING, THINGS COULD BE ALLOWED BY RIGHT, BUT THIS IS A SPECIFIC USE PERMIT BEFORE US, WHERE IN ORDER TO BE ALLOWED, WE HAVE TO SEE THAT THIS WOULD BE A FIT IN THIS AREA, IS THAT CORRECT?

>> THAT IS CORRECT. TYPICALLY, BOTH MINOR AUTOMOBILE AND MAJOR AUTOMOBILE REPAIR,

[00:50:01]

BOTH OF THOSE USES ARE PERMITTED BY RIGHT IN THE COMMERCIAL TWO DISTRICT.

FOR EXAMPLE, IF THIS PROPERTY WAS ZONED STRAIGHT COMMERCIAL TWO, THEN THE USE WOULD BE ALLOWED BY RIGHT.

HOWEVER, THERE IS A PLAN DEVELOPMENT ON THIS PROPERTY.

PLAN DEVELOPMENTS ARE ON TOP OF STRAIGHT ZONING.

AND WHILE IT HAS A BASE ZONING DISTRICT OF COMMERCIAL TWO, THAT PLAN DEVELOPMENT SPECIFICALLY CALLS OUT THAT BOTH MINOR AND MAJOR AUTOMOBILE REPAIR DO REQUIRE APPROVAL OF A SPECIFIC USE PERMIT.

THEREFORE, TO ALLOW THE USE ON THIS PROPERTY, THE SUP THAT IS BEFORE YOU ALL THIS EVENING MUST BE APPROVED FOR THE USE TO BE ALLOWED.

>> THANK YOU. THIS IS A PIGGYBACK OF THAT.

THE 250 FOOT MINIMUM IS JUST LANGUAGE IN ORDER TO EVEN START THE CONSIDERATION OF SAID SUP THAT NEEDS TO BE CONSIDERED, IS THAT CORRECT?

>> IF THE PROPERTY RE ZONED STRAIGHT STRAIGHT C2, THEN IF THEY WERE TO COME BEFORE THE CITY AND WANT TO DO THE USE, IF IT WERE WITHIN THAT 250 FEET, IT WOULD NOT BE ALLOWED.

IF IT WERE OUTSIDE THAT 50 FEET, THEN AGAIN, AS I SAID, IT WOULD BE ALLOWED BY RIGHT.

HERE, THIS PLAN DEVELOPMENT ALLOWS THE USE UPON APPROVAL OF A SPECIFIC USE PERMIT.

IT DOES NOT MAKE MENTION TO THE PD, DOES NOT MAKE MENTION OF THE 250 FOOT REQUIREMENT.

>> THE USE CAN STILL BE PERMITTED UPON APPROVAL OF THE SUP.

HOWEVER, IN THE EVALUATION IN THE DISCUSSION, IT WAS IMPORTANT THAT THIS REQUIREMENT BE BROUGHT TO THE COMMISSION'S ATTENTION.

>> I THINK THAT ANSWERS MY QUESTION. THANK YOU.

>> WE CAN JUST STAND THAT IN, MICHAEL.

DO YOU HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT?

>> I APPRECIATE YOUR CLARIFICATION ON THE MEASURING DISTANCE FROM THE ZONING DISTRICT, BUT WHEN THE 250 FOOT IS MENTIONED IN THE ZONING ORDINANCE ABOUT DISTANCE TO THE BUILDING SUITE SUP, IS THERE ANY CLARIFICATION ON WHAT WE NEED TO BE MEASURING TO?

>> THE ZONING ORDINANCE DOES SAY BUILDING AS WAS STATED.

HOWEVER, IN CONVERSATIONS WITH THE CITY ATTORNEY'S OFFICE AND REGARDING PAST CASES THAT HAVE BEEN APPROVED BY CITY COUNCIL BECAUSE IT IS TIED DOWN BY A LEGAL DESCRIPTION.

IN THIS CASE, THE BUILDING IS WHAT IS TIED DOWN BY THE LEGAL DESCRIPTION.

IT'S NOT NECESSARILY, PER SE, TALKING THE WHOLE BUILDING, BUT JUST THE PORTION THAT IS SUBJECT TO THE REQUEST.

>> TO CLARIFY, THE REPORT SAYS THAT IT'S I THINK 250 FEET OR MORE, BUT IS IT EXACTLY 250 FEET?

>> THAT'S EXACTLY 250 FEET. YES.

>> STEVE, YOU WANT TO GO OR?

>> MINE'S GOING TO BE LENGTHY.

>> LET ME JUST MAKE TWO COMMENTS AND THEN MAYBE COME BACK TO IT, BUT JUST A COUPLE OF CLARIFICATION THING JUST FOR THE RECORD FOR EVERYBODY, IS ONE OF THE PROBLEMS WE HAVE ON P&Z IS THAT WE'RE OFTEN JUDGING CASES BETWEEN PROPERTY OWNERS.

WE HAVE TO BALANCE THE RIGHTS OF PROPERTY OWNERS, WHETHER THEY'RE RESIDENTIAL PROPERTY OWNERS OR COMMERCIAL PROPERTY OWNERS.

THAT'S KIND OF OUR OBLIGATION IS TO BE THE MEDIATOR.

BEING A RESIDENT OR BEING A COMMERCIAL OWNER DOESN'T MATTER WHERE THE COMMERCIAL PROPERTY OWNER LIVES.

IF YOU OWN PROPERTY IN FRISCO, YOU HAVE THE RIGHT TO BE CONSIDERED IN A REQUEST.

I JUST WANT TO FRAME THAT.

ANOTHER COMMENT THERE ABOUT TO CLARIFY, JONATHAN, WHAT YOU JUST SAID ABOUT IF THERE WAS NO PD, A PLAN DEVELOPMENT.

IF THERE WAS NO PLAN DEVELOPMENT SITTING ON TOP OF THE BASIC ZONING ORDINANCE, BOTH MAJOR AND MINOR AUTOMOTIVE WOULD BE ALLOWED IN A C2 ZONED AREA, REGARDLESS OF DISTANCE TO RESIDENTS?

>> NO. THE DISTANCE REQUIREMENT.

>> THE DISTANCE REQUIREMENT IS PART OF THE BASE ZONING?

>> YES.

>> BUT WHAT COMPLICATES THIS IS WE'VE LAID ANOTHER LAYER OF PLAN DEVELOPMENT ON TOP OF THAT.

BUT IN THAT PLAN DEVELOPMENT, WE DON'T SPECIFICALLY CALL OUT THE 250 FEET DISTANCE.

>> CORRECT.

>> I'D RATHER DEFER RIGHT NOW TO THE OTHER.

[00:55:05]

>> I'M GOING TO PLAY ALMOST A DEVIL'S ADVOCATE.

I DON'T KNOW IF THAT'S POLITICALLY CORRECT OR WHATEVER.

>> WE LOVE IT WHEN YOU PLAY THAT.

>> WHAT'S TO PREVENT THE BUSINESS FROM ACTING OUTSIDE OF THE SPECIAL USE PERMIT? WHERE DOES THAT ENFORCEMENT COME FROM?

>> IF THE SUP WERE TO BE APPROVED, THE APPLICANT, THE PROPERTY OWNER IS TO COMPLY WITH THE SUP.

SAME FOR ANY SUP ACROSS THE CITY.

IF THERE WERE A COMPLAINT THAT SOMEONE FELT THE APPLICANT WAS OPERATING OUTSIDE THE SUP, IT COULD BE REPORTED TO THE CITY'S CODE ENFORCEMENT DIVISION TO INVESTIGATE OR THE POLICE DEPARTMENT, DEPENDING ON WHAT THE PARTICULAR ISSUE IS.

IF IT WERE FOUND THAT THE APPLICANT WERE IN VIOLATION OF THE SUP, THEN THEY COULD RISK THE SUP BEING REVOKED.

>> THEN WHAT'S THE NEXT STEP FROM THAT.

IF THE SUP IS REVOKED?

>> IF THE SUP IS REVOKED, THEN THEY DO NOT HAVE A RIGHT TO LEGALLY OPERATE THEIR BUSINESS.

FOR EXAMPLE, IF THE SUP WERE NOT REVOKED, AND THEY WERE GIVEN THE OPPORTUNITY TO COME BACK INTO COMPLIANCE WITH THE SUP, THEN THEY COULD DO THAT ROUTE.

IF THE SUP WERE REVOKED, THEY WOULD HAVE TO COME BACK THROUGH THE SUP PROCESS, COME BACK THROUGH THE PUBLIC HEARING PROCESS, AND GET A NEW SUP IF THEY WISH.

>> JUST TO ADD IT IN ALL THE SUP ORDINANCES.

IT HAS SOME SEVERAL STATEMENTS IN IT, AND IT TALKS ABOUT OPERATING OUTSIDE OF THE AREA IN WHICH THE SUP IS GROUNDS FOR THE CITY REEVALUATING THE SUP.

AS YOU'VE SEEN BEFORE, IF THE SUP IS REEVALUATED, THAT'S A CALL FOR PUBLIC HEARING, AND IT GOES THROUGH THE PUBLIC HEARING PROCESS BEFORE P AND Z AND CITY COUNCIL ULTIMATELY MAKING THE FINAL RECOMMENDATION.

SAME PROCESS TO REVIEW AND APPROVE AN SUP.

SAME PROCESS FOR RESCINDING THE SUP.

>> TO RESCIND THE SUP WOULD HAVE TO COME BACK BEFORE US, SO WHOEVER THE COMPLAINANT IS WOULD HAVE TO MAKE A CASE, OR HOW DOES THAT WORK?

>> WELL, AS JONATHAN POINTED OUT, CODE ENFORCEMENT WOULD WORK WITH THEM TO BRING THEM INTO COMPLIANCE.

BUT LET'S SAY IF THEY CONTINUE, THEN STAFF WOULD BE MAKING A RECOMMENDATION THAT HEY, WE NEED TO RECONSIDER RESCINDING THAT SUP AND BRING IT BACK BEFORE THE PLANNING AND ZONING COMMISSION OR CITY COUNCIL TO DO THE CALL FOR PUBLIC HEARING.

>> MY OTHER QUESTION IS TIED BACK TO THE CAVEAT IN WHAT'S BEFORE US RIGHT NOW, TALKS ABOUT VEHICLES CAN'T BE PARKED OUTSIDE FOR LONGER THAN SEVEN CALENDAR DAYS.

HOW DO YOU KEEP TRACK OF THAT?

>> MONITOR LICENSE PLATES FOR ONE THING.

>> TO ADD, THERE IS A CONDITION ON THIS PARTICULAR SUP THAT OUTDOOR STORAGE OF VEHICLES SHALL BE PROHIBITED.

REGARDLESS OF THE SEVEN DAYS, THERE IS A CONDITION ON THIS SUP THAT THERE IS NO STORAGE OF OUTDOOR VEHICLES.

ON DAY, SEVEN DAYS, NONE.

>> WHAT'S THE SQUARE FOOTAGE OF THE BUILDING?

>> THREE THOUSAND SQUARE FEET.

>> THE WESTERN SIDE IS 3,000 SQUARE FEET.

HOW MUCH IS OFFICE SPACE? I'M JUST TRYING TO FIGURE OUT HOW MANY LIFTS HE'S GOING TO BE ABLE TO PUT INSIDE THE BUILDING, AND LOGISTICALLY BECAUSE OF HOW MANY VEHICLES CAN YOU FIT INSIDE THIS THING.

>> IT HAS TO BE A QUESTION FOR YOUR APPLICANT.

>> IF I CAN?

>> NO. I WAS TELLING HIM TO COME TO SEE SO HE CAN ANSWER IT.

>> YOU WON'T EVEN KNOW HOW MANY LIFTS CAN BE IN THE BUILDING?

>> YEAH.

>> DEPENDING ON THE TYPE OF LIFT, PROBABLY FOUR TO FIVE.

>> IN 3,000 SQUARE FEET?

>> YES, SIR.

>> INTERESTING. HOW MUCH OF THAT IS ACTUALLY SHOP SPACE BECAUSE IT LOOKED

[01:00:03]

LIKE THE FULL PLAN HAD OFFICES AND A LOBBY AND 5,000 SQUARE FEET JUST DOESN'T SEEM LIKE A WHOLE LOT OF ROOM.

>> IT'S NOT. I HAVE A 6,000 SQUARE FOOT BUILDING I THOUGHT I WAS GOING TO BE OPERATING OUT OF.

IT'S NOT. I HAD TO DRAMATICALLY CUT IT DOWN.

YOU'RE TALKING OPERATIONAL FROM A MAYBE 02,800 SQUARE FEET THAT WERE USABLE FOR SHOP SPACE. SOMEWHERE IN THAT NUMBER.

>> CAN ASK HIM A QUESTION? CARTER, CAN YOU CLARIFY? YOU SAID THE BUILDING IS 6,000 SQUARE FEET?

>> YES, SIR, 6,000.

>> THIS SUP IS ONLY APPLYING TO 3,000 SQUARE FEET.

>> THREE THOUSAND AND FIVE. YES, SIR.

>> THANK YOU. COME BACK TO ME.

>> THAT'S FINE. I'LL HAVE SHAW, THEN I'LL GO.

>> I ASSUME JOEL MAY HAVE TO ANSWER THIS QUESTION.

ARE YOU A TRAFFIC STUDY WAS NOT DONE? I DIDN'T THINK SO.

>> I'M SORRY. MY OPINION WAS THE TRAFFIC STUDY WAS DONE ON THE PREVIOUS SUP.

>> GO AHEAD. DO YOU HAVE QUESTIONS FOR THE APPLICANT OR?

>> YES. HOW MUCH TRAFFIC DO YOU EXPECT? HOW MANY CARS A DAY DO YOU THINK WILL BE COMING IN AND OUT OF THERE?

>> WE PROBABLY DO SOMEWHERE BETWEEN EIGHT AND 10 CARS A DAY.

>> EIGHT AND 10? I GOT A QUESTION FOR JOEL. SIT, PLEASE.

>> WE'LL CALL YOU BACK IF HE'S DAYS.

>> AND JUST FOR THE RECORD, I'M A TRAFFIC ENGINEER, SO I'M ALWAYS ASKING TRAFFIC QUESTIONS BECAUSE THERE WERE TRAFFIC CONCERNS THAT WERE BROUGHT UP.

BUT THIS IS OWNING C2.

WHAT ELSE COULD POSSIBLY GO IN THERE? JUST NAME FOUR OR FIVE COMMON THINGS THAT COULD BE THERE. BARBER SHOP?

>> GO WITH RETAIL.

>> A CROSSFIT GYM.

>> BARBER SHOP? RESTAURANT?

>> BARBER SHOP, RESTAURANTS, BUT GO WITH RETAIL.

>> A GYM. THAT'S WHAT'S SIMILAR I SEE OVER THERE.

>> THEY WOULD PROBABLY GENERATE AN ESTIMATE PROBABLY AT LEAST FIVE TO SIX TIMES THAT MINIMUM.

>> ALL OF THOSE USES WOULD GENERATE MORE TRAFFIC THAN THIS, YES.

>> THANK YOU. THAT'S ALL I NEEDED.

>> WHILE JOEL'S UP THERE, CAN I ASK A FOLLOW UP QUESTION? IN REGARDS TO THAT, DOES THAT CHANGE I CAN SEE IN THE SITE PLAN OR MAYBE IT WAS IN THE DESCRIPTION, I'M SORRY.

I DON'T REMEMBER WHICH ONE. THAT 12 PARKING SPACES APPLY TO THIS.

WOULD THAT ANSWER TO THAT QUESTION APPLY FOR EVERY SUITE, THE SPECIFIC SUITE, OREGON WITH MORE TRAFFIC, WOULD MAYBE SAY A DIFFERENT SUITE HAVE MORE PARKING SPACES, THEREFORE THEY'D HAVE MORE TRAFFIC.

I KNOW WE'RE JUST TALKING ABOUT THIS PARTICULAR SUITE.

>> PARKING REQUIREMENTS ARE BASED ON SQUARE FOOTAGE AND SO FORTH, BUT THE AMOUNT OF TRAFFIC IT GENERATES DEPENDS ON WHETHER THAT GENERATES PEOPLE COMING AND GOING MORE THROUGHOUT THE DAY.

FOR INSTANCE, A RETAIL SITUATION IS PEOPLE COMING IN SHOPPING AND ONLY SPENDING 20, 30 MINUTES AND LEAVING AND OTHER PEOPLE COMING AND TAKING THOSE PARKING SPACES.

WHEREAS, IF YOU'RE WORKING ON A CAR ALL DAY, KIND OF A THING, YOU'RE ONLY GOING TO HAVE EIGHT CUSTOMERS THAT DAY AS OPPOSED TO A RETAIL, WHICH MIGHT HAVE 100 BECAUSE THEY ALL COME AND GO.

THE SAME NUMBER OF PARKING SPACES CAN BE USED DIFFERENTLY BECAUSE PEOPLE COME AND GO IN SHORTER AMOUNT OF TIME VERSUS A BUSINESS THAT DOESN'T NEED PEOPLE COMING AND GOING BECAUSE THEY DELIVER THE CAR IN THE MORNING AND PICK IT OFF, PICK IT, PICK IT UP IN THE AFTERNOON.

YOU KNOW, IT'S MUCH THOSE PARKING SPACES ARE USED MUCH LONGER OR LESS SIMPLY BECAUSE THE BUSINESS DOESN'T REQUIRE PEOPLE TO COME AND GO AS MUCH.

>> GOT YOU. YOU ALL, WHEN YOU'RE LOOKING AT YOUR TRAFFIC STUDIES IN RELATION TO AN ACTUAL BUSINESS PARK, NOT NECESSARILY THE INDIVIDUAL SUITE OR THIS PARTICULAR LOT OR BLOCK OR BUSINESS, YOU'RE DOING IT AS THE OVERALL CONDO ASSOCIATION OR BUSINESS PARK?

>> CORRECT.

>> GOT IT. THANK YOU.

>> THANK YOU, JOEL. AND THE REASON WHY I ASKED THOSE QUESTIONS IS TO PUT SOME EASE, SOME OF THE CONCERNS THAT THE CITIZENS HAD ON TRAFFIC.

BUILDING LIKE THIS, I BELIEVE IS GOING TO GENERATE A LOT LESS TRAFFIC THAN WHAT COULD POSSIBLY BE THERE GIVEN AND IT WOULDN'T HAVE TO GO THROUGH THIS PROCESS. THEY CAN GO RIGHT IN.

I HAVE ANOTHER QUESTION FOR THE APPLICANT.

WHAT ARE YOUR PLANS WITH THE EASTERN PART OF THAT REST OF THAT BUILDING, SINCE YOU CAN'T DO ANYTHING THERE?

>> STILL WORKING ON THAT A LITTLE BIT.

>> COOL. EXCELLENT. JONATHAN, I GOT A FOLLOW UP QUESTION FOR YOU NOW.

SORRY. WHAT'S TO STOP THEM FROM COMING BACK AND ASKING PERMISSION, OR I DON'T KNOW WHAT CAN BE FOOT BY RIGHT THERE, AND JUST HAVE OFFICES, STORAGE, RESTROOMS, NOTHING THAT HAS DIRECT AUTO BUSINESS.

COULD THEY POSSIBLY DO THAT?

>> IF IT IS ANYTHING DIRECTLY RELATED TO THE AUTOMOBILE USE, THE AUTOMOBILE OPERATIONS, IT IS TO BE WITHIN THE WESTERN BOUNDARY.

[01:05:06]

THAT HAS BEEN CONFIRMED WITH THE APPLICANT THAT THAT IS CORRECT.

>> HE COULDN'T EVEN STORE STUFF OVER THERE?

>> THAT'S CORRECT.

>> THAT'S ALL I GOT.

>> CAN I ASK JONATHAN QUESTION WHILE HE'S STANDING THERE? JONATHAN, JUST TO CLARIFY ON THE USES BACK TO THE MAJOR/MINOR AUTOMOTIVE.

CAN MUFFLERS BE REPLACED IN THE MINOR AUTOMOTIVE FACILITY?

>> I WOULD SAY BASED ON THE DEFINITIONS, NO.

>> COULD YOU REPEAT THAT, PLEASE? I WOULD SAY BASED ON THE DEFINITIONS.

NO. BASED ON THE ZONING ORDINANCE DEFINITIONS OF MAJOR AND MINOR, NO.

>> FOR ANY FACILITY ANYWHERE IN THE CITY, IF SOMEONE WAS REPLACING MUFFLERS IN A BUILDING THEY WERE NOT ALLOWED TO A RESIDENT OR SOMEONE COULD SUBMIT A COMPLAINT TO THE CODE ENFORCEMENT TO THE CITY OF FRISCO, AND CODE ENFORCEMENT WOULD INVESTIGATE AND DETERMINE WHETHER THE BUSINESS WAS OPERATING WITHIN LEGAL ALLOWED USES OR WITHOUT OR OUTSIDE OF.

>> THAT'S TRUE. THAT'S NOT SPECIFIC TO AUTOMOBILE RELATED USES OR MUFFLERS.

THAT'S FOR ANY USE.

SOMEONE OPERATING A DAYCARE, WHERE THEY SHOULDN'T BE OPERATING A DAYCARE, FOR EXAMPLE.

>> IF SOMEONE WAS OPERATING ANY BUILDING, IT WAS EXTRA LOUD AND POSSIBLY EXCEEDED CITY ORDINANCES REGARDING NOISE, RESIDENTS COULD FILE A COMPLAINT WITH THE CITY.

>> THE POLICE DEPARTMENT.

>> WITH THE POLICE DEPARTMENT?

>> YES. THE POLICE DEPARTMENT ENFORCES THE NOISE ORDINANCE.

>> THEY HANDLE THE NOISE ORDINANCE. THANK YOU VERY MUCH.

ALONG WITH MUFFLERS, I GUESS A LIFT KIT OR SOME OTHER CHANGE LIKE THAT, WOULD THAT BE ALLOWED UNDER THIS SUP AS A MINOR AUTOMOTIVE USE?

>> NO. WE HAVE MADE THE CASE THAT BECAUSE OF THE WORD CUSTOMIZING, ALL OF THOSE CUSTOMIZATIONS LIKE A LIFT KIT, FOR EXAMPLE, THAT THE ITEMS THAT WERE SUBJECT TO THE SUP THAT WERE BEFORE YOU ALL LAST YEAR, THOSE ARE ALL MAJOR AUTOMOBILE RELATED ITEMS.

>> THANK YOU.

>> I HAVE A CALL UP FOR FOR THE APPLICANT.

>> GIVEN THE DEFINITION THAT YOU JUST HEARD, WHAT'S ALLOWED, WHAT'S NOT ALLOWED, WHAT IS IT THAT YOU INTEND TO DO INSIDE THAT SPACE?

>> BRAKES, SUSPENSION REPLACEMENTS OF MINOR PARTS, ALIGNMENTS, ADOS CALIBRATIONS.

ALL OF WHICH ARE PART OF MY CURRENT BUSINESS MODEL, SO I'VE JUST TAKEN IT, SHRUNK IT DOWN.

>> CAN YOU RESTATE THOSE AGAIN THAT YOU JUST SAID?

>> I'M TALKING SUSPENSION COMPONENTS THAT ARE REPLACEMENTS, ALIGNMENTS, BRAKES, ADOS, FRONT AND REAR CALIBRATION CAMERAS ON NEW GENERATION CARS.

THEN THERE MAY BE SOME EMISSIONS THINGS, FUEL ADDITIVES, THINGS LIKE THAT THAT FIT INTO THAT MINOR SCOPE.

>> WHEN YOU SAY EMISSIONS, I HEAR CATALYTIC CONVERTER.

>> [OVERLAPPING] THE DEFINITION UNDER THE MINOR AUTOMOTIVE CATEGORY, YES, SIR.

>> LET ME GO.

>> I'M GOOD.

>> I APOLOGIZE. I'LL PROBABLY BE LENGTHY.

I CARE, I'VE BEEN DOING THIS FOR EIGHT AND 1/2 YEARS, AND I'VE SLOWLY LEARNED.

I'M NOT AN EXPERT, BUT I'M LEARNING. I TAKE IT SERIOUS.

MY SCHEDULE ALLOWS ME.

I THINK I RECEIVED 20 PLUS EMAILS, AND I READ EVERY LAST ONE OF THEM.

ONE OF THEM FELT SO BAD.

I THINK SHE WAS IN THE ICU DEALING WITH SOME MEDICAL ISSUES AND WAS STILL WRITING HER OPPOSITION.

I GET EXCITED WHEN THE COMMUNITY GETS INVOLVED BECAUSE WE HAVE A LOT OF BIG PROJECTS THAT COME IN AND OUT OF FRISCO THAT I'M HOW ARE PEOPLE NOT CARING, GOOD OR BAD FOR IT? I THINK IT'S AWESOME THAT YOU GUYS CARE ABOUT YOUR COMMUNITY OR CARE ABOUT FRISCO.

THE GOOD THING IS I TAKE IT SERIOUS, AND I DIVE IN.

THE BAD NEWS IS SOMETIMES YOU MAY NOT HEAR WHAT [INAUDIBLE] HAVE TO SAY.

FIRST AND FOREMOST, I'VE LEARNED SAFETY IS TOP PRIORITY.

ALL OF US HERE ARE FRISCO RESIDENTS, SO WHEN I HEAR THERE'S CONCERNS ABOUT SAFETY, STOP THERE.

WHAT IS THE RISK OF SAFETY HERE? TRAFFIC FROM THAT STANDPOINT? THIS IS THE REALITY IS, IT'S NOT A HEAVY TRAFFIC AREA.

COMPARED TO PROBABLY PLETHORA OF THINGS THAT COULD GO HERE, EVERY ONE OF THOSE WOULD BE MORE TRAFFIC.

FROM A SAFETY, THIS IS ELIMINATING TRAFFIC.

SOMEONE MENTIONED CHEMICALS.

WE HAVEN'T HAD ANY CONCERNS FROM ANYWHERE IN THE COMMUNITY.

REACHED OUT TO MCKENNIE, REACHED OUT TO CELINA, AND THERE HASN'T BEEN ANY CONCERNS ABOUT CHEMICAL SPILLS AND ANY OF THAT.

I WANT TO LOOK AT SAFETY.

[01:10:02]

PEOPLE ARE SAYING THEIR CHILDREN WALKING ACROSS THE STREET, TOW TRUCKS COMING IN AND OUT AT ALL TIMES OF HOURS.

IT'S OKAY THAT YOU SAY THAT, BUT JUST MY RESEARCH DIDN'T FIND ANYTHING BACKING UP THAT THERE'S GOING TO BE TOW TRUCKS COMING IN AND OUT AT ALL TIMES A DAY.

BIG THING IS, WE ALL CARE ABOUT OUR PROPERTY VALUES.

WE ALL WORK REALLY HARD TO, EVEN IF YOU RENT OR YOU BUY, BUT WE DON'T WANT OUR PROPERTY VALUES TO GO DOWN.

IN MY OPINION, IN MY RESEARCH, TWO THAT COME UP TO THAT WE'RE PROBABLY JUST AS INVOLVED.

WE HAD TWO STORAGE UNITS HERE IN FRISCO OVER THE LAST FEW YEARS.

THEY SAYS, THESE STORAGE UNITS WILL DESTROY OUR PROPERTY VALUES.

I WENT AND CHECKED. SINCE THOSE TWO, I THINK ALMOST EVERY HOME IN BOTH THOSE REGIONS HAVE DOUBLED THEIR VALUE IN THEIR HOME.

IT'S JUST ONE OF THOSE WHERE YOU THINK ALL THE STORAGE UNITS GOING TO DO IT.

IT'S GOING TO BE UGLY IN THIS.

HOME VALUES CONTINUE TO GO UP.

I'M JUST PROVIDING YOU MY INFORMATION OF WHAT I UNDERSTAND.

MY OPINION, MY RESEARCH, I DON'T THINK YOUR PROPERTY VALUES WILL BE IMPACTED AT ALL.

THAT IS USUALLY IT'S YOUR SCHOOLS, IT'S YOUR COMMUNITY.

IT'S WHAT TAKES CARE OF YOUR YARD.

THEN, UNFORTUNATE, AND I TOOK VIDEO IF SOMEONE DIDN'T WANT TO.

I'VE GONE OUT TWICE THE SITE.

I JUST WENT OUT THERE AT 4:00, AND I WALKED THE ENTIRE PROPERTY.

WANTED TO SEE WHAT TYPE OF SOUNDS I HEARD.

I KNEW BEFORE, AS YOU PROBABLY ALL THE NEIGHBORS KNOW, BUT THERE IS JUST ADJACENT TO IT.

THERE'S A CROSS FIT GYM AND ANOTHER AUTOMOTIVE SHOP THERE.

I WALKED OVER TO THE AUTOMOTIVE SHOP.

THEY HAD FOUR OF THEIR BAYS OPEN, AND I SAT THERE, AND I NOTICED BY SHOCK YOU.

IT WAS THE QUIETEST OF ALL THE BUSINESSES RUNNING.

THE LOUDEST WAS THE CROSS FIT GYM IS YOU COULD HEAR SOME PEOPLE PLAYING MUSIC AND HEAR THEIR ROWERS.

THAT WAS THE SECOND LOUDEST.

THE LOUDEST THING WAS THE AC UNITS FROM THE CLOSEST BUILDING THAT JUST GOT CONSTRUCTED THERE WITH THE ORANGE STRIPE.

THAT WAS THE LOUDEST THING.

THE AUTOMOTIVE REPAIR WAS THE QUIETEST OF ALL THOSE BUSINESSES.

I USED TO HAVE A LARGE TRUCK.

NOW I'M TRYING TO SAVE THE PLANET, WHEN ELECTRIC, BUT THAT'S A SIDE NOTE.

BUT I'VE BEEN TO A COMPETITOR I DON'T KNOW WHAT'S CALLED FOUR BY FOUR SOMETHING, AND I'VE BEEN THERE 4, 5, 6 TIMES. I REMEMBER COMPLAINING.

I GO THERE TO GET BLEW OUT MY CV JOINTS, WHAT THEY'RE CALLED SHOCKS.

ANYWAYS, I DID TOO MUCH DAMAGE TO IT, BUT WENT THERE.

THEY SAID, WE GOT TO PLACE YOUR TIRES, OR CV JOINTS, OR SHOCKS.

I SAT DOWN FOR 40 MINUTES.

I GOT UP. I COMPLAINED.

I SAID, WHEN ARE YOU GOING TO START WORKING ON MY TRUCK? THEY GO, OH, IT'S DONE.

I'M SITTING IN THEIR LOBBY, AND WHICH WAS JUST THE WALL BEHIND ME, HAD NO IDEA THAT I COULDN'T HEAR THEM WORK ON MY TRUCK, AND I WAS STANDING 15 FEET AWAY IN THAT WALL.

IT'S ONE OF THOSE I'M GIVING MY OPINION MY OBSERVATION, AND IT MAY NOT BE WHAT YOU WANT TO HEAR.

BUT I HOPE YOU KNOW I DO TAKE THE SERIES BECAUSE YOU HAD 67 PEOPLE AS OF THE LAST THREE DAYS SAY YOU DON'T WANT THIS.

LAST TIME IN NOVEMBER THIS CAME FROM, YOU HAD 96, AND THOSE ARE YOUR HONEST FEELINGS, AND YOU'VE LIVED HERE.

PEOPLE WERE TELLING ME 17 YEARS, 21 YEARS, 24 PLUS YEARS.

WE LOVE THAT YOU STAY AND WE HOPE EVERYONE STAYS.

IT'S JUST MY OPINION, A LOT OF THEM WEREN'T CONFIRMED OF YOUR CONCERNS.

IT SOUNDS LIKE THE ONE THAT IS PROBABLY STICKING OUT IS THIS 250 FEET.

IT MEETS THE IT'S MAYBE NOT FROM THE CENTER LINE, BUT IT'S FROM WHAT, I GUESS, THE CITY, ACTUALLY, THE PLATTED LINES, WE CALL IT.

THAT'S NEWS TO ME OF HOW THAT LINE IS.

THAT'S A LITTLE STICKY.

IS IT 220? IS IT 250? I HOPE YOU KNOW THAT I DO CARE ABOUT YOU RESIDENTS.

THAT'S WHY I GOT INTO THIS.

I COULDN'T THINK OF A BETTER WAY TO LOSE MONEY THAN SERVE UP HERE AND DO IT.

BUT IT'S BECAUSE I LOVE FRISCO.

I JUST HOPE IN MY OPINION, I DON'T GET A VOTE UNLESS IT'S A TIE.

IF I WAS VOTING, I WOULD BE FOR THIS.

IT'S NOT BECAUSE I'M ANTI WHAT YOUR FRUSTRATIONS ARE.

IT'S BECAUSE I FEEL I CAN LOOK YOU IN THE EYE IF I RAN INTO YOU IN THE COMMUNITY, AND I CAN HONESTLY SAY, I DON'T THINK THIS IS GOING TO BE THE NEGATIVE IMPACT THAT YOU MAY FEEL IT IS.

YOU DON'T NEED TO AGREE WITH ME, AND I UNDERSTAND THAT, BUT I HOPE YOU KNOW, I GOT TO THAT CONCLUSION BY TAKING THIS VERY SERIOUSLY AND WALKING THROUGH THAT PROCESS.

AGAIN, YOU DON'T HAVE TO AGREE WITH ME, BUT THAT'S WHERE I CAME TO.

I DID HAVE ONE QUESTION.

I DID ASK JONATHAN, I DON'T KNOW IF YOU WERE ABLE TO.

I REACHED OUT TO OTHER POLICE DEPARTMENTS, BUT SO IT'D BE THROUGH YOU FROM A SAFETY, AS IT'S TOP PRIORITY.

HAS OUR POLICE DEPARTMENT OR FIRE SAYS THEY'VE HAD CONCERNS WITH OTHER AUTOMOTIVES IN FRISCO SAYING,

[01:15:03]

YES, THERE ARE A LOT OF COMPLAINTS.

THERE ARE CHEMICAL SPILLS.

THERE ARE BURNOUTS OR ANYTHING.

I DON'T KNOW, BUT I JUST ASK.

>> GENERALLY, AND THE QUESTION THAT WAS ASKED, WAS LOOKING AT THE OTHER AUTOMOBILE RELATED USE MOST CLOSELY LIKE WHAT HAD BEEN PROPOSED HERE IN TERMS OF CUSTOMIZATION.

THE ONE THAT IS REFERENCED OFF OF 121 DOWN IN FRONT OF STONEBRON MALL.

I THINK IT'S VERY IMPORTANT THAT WE ACKNOWLEDGE THE CONDITION IS VERY DIFFERENT OUT IN FRONT OF A REGIONAL MALL.

RIGHT ALONG 121.

ALL THE CONDITIONS ARE DIFFERENT, WE DO NEED TO ACKNOWLEDGE THAT.

BUT THE POLICE DEPARTMENT DID SAY THAT THEY HAVE NOT RECEIVED ANY COMPLAINTS IN TERMS OF NOISE, STREET RACING, CRIME, SPILLS, ANYTHING LIKE THAT.

THEY DID STATE THAT, AS IT PERTAINS TO THAT ONE LOCATION.

>> THANK YOU. I WANT TO RESPECT HIM.

UNFORTUNATELY, I CAN'T CALL YOU UP, BUT IF IT WERE MOVES ON COUNSEL.

I SEE SOMETHING BACK, I'LL JUST ACKNOWLEDGE THAT IF YOU DO HAVE TO SAY NO, I WOULD FIND CONFIRMATION.

THAT'S WHAT I LOOK FOR. I LOOK FOR CONFIRMATION, NOT WHAT I HEAR IF THAT'S TRUE, PLEASE.

>> IT IS TRUE.

>> UNFORTUNATELY, I CAN'T INTERACT. I APOLOGIZE.

UNFORTUNATELY, I JUST WOULD JUST SAY FIND THAT BECAUSE I DO, LIKE I SAY, IS IF THERE IS FACTS, I LOVE FACTS.

BUT THAT'S WHAT I HAVE TO WORK OF IS I JUST HOPE YOU KNOW I DON'T WANT TO TAKE TOO LONG, BUT THOSE ARE THE THINGS I SEE AS FRISCO HAS A REALLY HIGH BAR, AND FOR OUR CITY STAFF TO RECOMMEND FOR APPROVAL, AND I'VE GONE AGAINST CITY STAFF SOMETIMES.

BUT OUR CITY STAFF, IT IS A GRUELING PROCESS TO GET THROUGH.

WHAT YOU TALK FROM, IF IT'S THE BUILDING STANDARDS THAT THEY REQUIRE, THE DETAIL TO THE PLAN, WE'RE A MAJOR CITY AND PHENOMENAL PEOPLE THAT HOLD PEOPLE TO A HIGH LEVEL.

WHEN I SEE THAT, I DIDN'T GO, OH, IT LEAKED THROUGH BECAUSE THERE ARE AS YOU GET TO SMALLER TOWNS.

UNFORTUNATELY, THEY DON'T HAVE THE SUPPORT SYSTEM TO STAFF TO REGULATE AND TO ENFORCE SOME OF THE CODES THAT ARE IN PLACE.

BUT CITY OF FRISCO, I CAN CONFIDENTLY SAY, IF THERE WAS RECOMMENDED BY STAFF, THIS WAS NOT TAKEN LIGHTLY.

THAT'S MY COMMENTS, BUT I KNOW YOU SAID YOU ALL MIGHT HAVE SOME MORE SO STEVE.

>> JUST A COUPLE MORE COMMENTS HERE.

THERE'S SO MANY THINGS THAT I AGREE WITH THE RESIDENTS ON.

OBVIOUSLY, THIS IS A NICE RESIDENTIAL NEIGHBORHOOD.

I SHOULD START OUT BY SAYING THAT.

MY FAMILY AND I LIVE IN THE STALEY MEMORIAL COMMUNITY.

THIS IS VERY HARD THAT WE'RE FACING A ZONING CASE.

>> THERE'S BIGGER THINGS.

>> THERE'S MUCH BIGGER THINGS GOING ON.

I SAY THAT JUST TO SAY THAT MY DAILY TRIPS TO STALEY, I SPENT THREE YEARS DRIVING MY KIDS BACK AND FORTH TO STALEY.

I'VE BEEN ON NORTH COUNTY ROAD MANY TIMES.

MY FELLOW COMMISSIONERS SOMETIMES GET TIRED OF HEARING MY EXPERTISE ON NORTH COUNTY ROAD, ON EVERY SINGLE ZONING CASE THAT HAS COME UP ON EITHER FRISCO STREET OR NORTH COUNTY ROAD.

THEY'VE HEARD ME SAY IT A MILLION TIMES THAT I'VE BEEN ON THOSE ROADS A MILLION TIMES.

I COMPLETELY AGREE IT'S A NICE RESIDENTIAL NEIGHBORHOOD.

I HAVE FRIENDS THAT LIVE THERE.

I'VE SPENT A LOT OF TIME IN THAT AREA.

SOMEONE SAID THAT THERE'S A BETTER LOCATION FOR THIS BUSINESS, FURTHER AWAY FROM RESIDENTIAL, AND I 100% AGREE.

THERE ARE MANY BETTER LOCATIONS, FURTHER AWAY FROM RESIDENTIAL THAN THIS.

THE PROBLEM JUST BEING THAT IT IS WHAT IT IS, AND WE'VE PUT A COMMERCIAL BUSINESS AREA VERY CLOSE TO RESIDENTIAL.

ANOTHER STORY THAT I WON'T REPEAT THAT MY FELLOW COMMISSIONERS HAVE HEARD IS, I LIVE NEXT TO, SOMETHING THAT I WISH I DIDN'T LIVE NEXT TO.

IT'S EIGHT STORIES TALL, AND IT'S IN MY BACKYARD.

IT'S UNFORTUNATE THAT THOSE THINGS HAPPEN.

I BOUGHT MY HOUSE KNOWING THAT I LIVED IMMEDIATELY ADJACENT TO A COMMERCIAL AREA.

I MAY NOT HAVE UNDERSTOOD THE FULL IMPACT OF WHAT COULD COME IN A COMMERCIAL AREA IMMEDIATELY ADJACENT TO MY HOUSE, LITERALLY TO MY BACK YARD AND MY BACK PATIO.

>> IT PROVIDES SHADE.

>> IT'S TALL ENOUGH TO PROVIDE SHADE, YES.

>> [INAUDIBLE].

>> THANK YOU. THEY'VE HEARD THIS A MILLION TIMES.

I DO FEEL FOR YOU.

I'LL BE HONEST, I HAVE LOOKED FOR EVERY SINGLE WAY TO FIGURE OUT A FAIR WAY TO TAKE ALL OF ALL THIS INPUT.

ANYTIME WE GET THIS MANY RESIDENTS INVOLVED,

[01:20:03]

IT ALWAYS SEEMS TO BE THE SMALL CASES.

A LOT OF TIMES IT IS ON NORTH COUNTY ROAD OR FRISCO STREET.

I THINK IT'S BECAUSE OF THE NATURE OF RESIDENTIAL NEXT TO COMMERCIAL ON NORTH COUNTY ROAD THAT WE GET A LOT MORE RESIDENT INPUT ON THESE CASES THAN WE DO THOUSANDS OF ACRES.

HUGE ZONING CASES. MULTI BILLION DOLLAR DEVELOPMENTS DO NOT GET THIS NEIGHBORHOOD INPUT.

I THINK THE LAST TIME IT WAS VERY EASY TO SIDE WITH THE RESIDENTS AND SAY, HEY, THERE'S THIS 250 FOOT RULE, AND WE DON'T HAVE TO MAKE A HARD DECISION, BECAUSE I WANTED AN EASY WAY TO SIDE WITH THAT MANY RESIDENTS WHO FELT SO STRONGLY.

I REALLY DID. I ALWAYS LOOK FOR REASONS TO VOTE, YES, AND REASONS TO VOTE NO.

LIKE I SAID EARLIER, WE'RE WEIGHING PROPERTY OWNERS.

COMMERCIAL PROPERTY OWNERS HAVE RIGHTS, REGARDLESS OF WHERE THEY LIVE.

HONESTLY, RESIDENTS WHO LIVE THERE 24/7, GET A LOT MORE WEIGHT THAN MAYBE A PROPERTY OWNER WHO DOESN'T LIVE THERE, BUT DOES A BUSINESS.

BUT WE DO HAVE PROPERTY OWNER RIGHTS FOR BUSINESS OWNERS.

AS FAR AS THE BUILDING GOES, I'M TRYING TO IMAGINE IF THIS WAS MUCH BIGGER BUILDING, LIKE A LOT OF BUILDINGS WE HAVE THAT MAY HAVE 5, 10, 20, 30, 40 BAY DOORS.

IN THAT CASE, IT WOULDN'T EVEN OCCUR TO ME THAT WE COULDN'T SPLIT AND SUBDIVIDE A LARGE BUILDING TO DO A MEETS AND BOUNDS DESCRIPTION WHERE A SURVEYOR COMES IN AND SAYS, WE'RE GOING TO TAKE A PORTION OF THIS BUILDING.

IF ONE END OF THE BUILDING WAS MUCH FURTHER AWAY THAN THE OTHER END OF THE BUILDING, I WOULDN'T WANT TO HOLD THAT SIDE OF THE BUILDING HOSTAGE.

I WAS TRYING TO SWAY THAT WORD, BUT I WOULDN'T WANT TO SAY THIS BUILDING, A FOOTBALL FIELD LONG, AND BECAUSE THIS PORTION OF THAT BUILDING IS WITHIN A CERTAIN DISTANCE OF RESIDENTS, THIS OTHER END OF THE BUILDING CAN'T BE SUBDIVIDED.

I THINK I APPRECIATE THE FACT THAT STAFF SAID THEY TALKED WITH THE ATTORNEYS ABOUT THE SUBDIVIDING OF THE BUILDING.

THAT'S GOING TO HAVE TO BE GOOD ENOUGH FOR ME, THAT IF THE ATTORNEYS SAID THAT THE BUILDING CAN BE LEGALLY SUBDIVIDED AND BE CONSIDERED AS SEPARATE AREAS, EVEN THOUGH IT'S UNDER ONE ROOF, I'M GOING TO HAVE TO ACCEPT STAFF IN THE ATTORNEY'S RECOMMENDATION ON THAT.

ALL OF THAT TO SAY, THIS IS AN ODDLY DIFFICULT AND HARD CASE, AND IF I LIVED THERE, I WOULD INITIALLY HAVE A LOT OF THE SAME CONCERNS THAT YOU GUYS HAD.

THEN I HOPE AFTER TIME, I WOULD THINK ABOUT THE ACTUAL AMOUNT OF TRAFFIC, THE ACTUAL AMOUNT OF NOISE, I WOULD THINK ABOUT THE OTHER USES THAT COULD GO IN A COMMERCIAL AREA RIGHT BY MY HOUSE.

I WOULD FEEL COMFORTABLE TELLING MY FAMILY.

A MY NEXT DOOR NEIGHBORS THAT I'M COMFORTABLE THAT THE NOISE AND THE TRAFFIC AND THE OTHER USES ARE NOT GOING TO RUIN MY QUALITY OF LIFE IN MY NEIGHBORHOOD.

I WOULD HAVE TO BE FOR THIS.

>> WARREN, DO YOU HAVE ANY ADDITIONAL?

>> ONE MORE QUESTION FOR THE APPLICANT.

>> YES, SIR.

>> YOU GOT TO LOVE TECHNOLOGY.

QUICK GOOGLE SEARCH, MILLER MUFFLER.

ARE ALL OF THOSE VARIATIONS, ARE THOSE IS THAT YOU?

>> I HAVE TO ASSUME SO.

THERE MIGHT BE ONE OR TWO IN THE ETHOS THAT I'M UNAWARE OF WITH THE SAME NAME.

>> THE ONLY REASON I'M ASKING IS BECAUSE WHAT I SEE IS IT APPEARS AS THOUGH THE HOURS ARE 9-6.

IS IT FAIR TO SAY THAT THAT'S YOUR INTENT HERE, AS WELL AS TO BE OPEN 9-6 AND THAT.

>> UNLESS THE REQUIREMENTS BECOME MORE THAN, YES, IT WOULD BE TYPICAL STANDARD 8-5 OR 9-6.

>> IT'S NOT LIKE YOU'RE GOING TO BE OUT THERE [NOISE] AT 10:00 AT NIGHT.

>> MY TEXTS RUN TO THE DOOR AT FIVE AND SIX. AS FAST AS THEY CAN.

>> [INAUDIBLE].

>> ANY LAST QUESTIONS? I'M NOT RUSHING ANYONE, BUT ANY QUESTIONS BEFORE?

>> NO, I JUST WANT TO SAY, THANK YOU, JOHN, STEVE, YOU BOTH SAID BASICALLY WHAT I WANT TO SAY, AND I REALLY HOPE THE CITIZENS ARE LISTENING BECAUSE WE'VE DONE OUR HOMEWORK UP HERE.

WE'VE SEEN THINGS, AND I'M HOPING WHAT WE TELL YOU AND SOME OF THE THINGS THAT WE CAME UP WITH, WE'LL EASE YOUR CONCERNS A LITTLE BIT.

HONESTLY, NOW, I'M PROBABLY GOING TO BE VOTING FOR THIS.

>> ANY LAST QUESTIONS?

>> TO MAKE SOME COMMENTS.

>> OH, GO TO OF COURSE.

>> THIS IS SUCH A DIFFICULT CASE.

>> NO.

>> THERE'S A LOT OF UNIQUE CIRCUMSTANCES.

THERE'S I THINK SOME GRAY AREAS.

WE'RE GETTING INTO SEMANTICS AND DEFINITIONS, AND YOU REASONABLE MINDS CAN SEE THINGS IN DIFFERENT WAYS, WHICH MAKES ME UNCOMFORTABLE.

BUT AT THE END OF THE DAY, STAFF HAS RECOMMENDED APPROVAL, I BELIEVE I SUSPECT BECAUSE WHEN WE TALK ABOUT THE LETTER OF THE LAW, THE 250 FOOT IS MET,

[01:25:01]

THE MINOR AUTO USE IS MET.

NOW, I THINK WE'RE ALL UNCOMFORTABLE BECAUSE THERE'S NO GUARANTEE THAT THIS APPLICANT IS GOING TO NOT USE THE OTHER HALF OF YOUR BUILDING FOR ANY USE THAT IMPACTS YOUR BUILDING AND NOT MAKE NOISES.

WE HEAR YOUR PROMISES, AND THE DAY, WE HAVE TO TRUST THAT YOU'RE GOING TO FOLLOW THROUGH WITH THAT.

WE HAVE TO TRUST THAT CITY IS GOING TO BE ABLE TO ENFORCE CODE.

I HOPE THAT IF IT'S NOT, THAT RESIDENTS WILL CALL CODE ENFORCEMENT, AND THAT PROBLEM WILL BE SOLVED.

I'M GOING TO TRUST THE PROCESS THAT CODE ENFORCEMENT WILL WORK, AND THE APPLICANT WILL DO WHAT HE'S LEGALLY BOUND TO DO, AND NOTHING MORE THAN THAT.

FOR THAT, I THINK WE NEED TO SUPPORT THE SUP.

>> ANY OTHER QUESTIONS OR COMMENTS BEFORE I ENTERTAIN A MOTION?

>> I HAVE A FEW QUESTIONS AND THEN MY COMMENTS.

CARTER, IF I CAN ASK YOU A FEW, PLEASE.

>> YES, MA'AM.

>> JUST WANT TO CLARIFY A FEW THINGS.

NUMBER 1, IN NOVEMBER, I UNDERSTAND THERE WERE CLAIMS THAT THE EQUIPMENT WAS ALREADY INSTALLED INTO ONE OF THE GARAGES.

>> YES, MA'AM.

>> NUMBER 1, CAN YOU ELABORATE A LITTLE BIT ON WHY OR HOW THAT HAPPENED?

>> THE EQUIPMENT THAT I USE IT'S CUSTOM ORDER. LET ME BACK UP A LITTLE BIT.

I WAS SUPPOSED TO HAVE POSSESSION OF THIS BUILDING IN APRIL OF '24.

WE ORDERED LIFTS IN FEBRUARY OF 2024.

I WAS TOLD I COULD DO THIS, GOT A LITTLE BIT AHEAD OF MYSELF.

BUT THE EQUIPMENT WAS PAID FOR.

I DON'T HAVE ANYWHERE TO PUT IT.

IT'S NOT SMALL. I CAN'T JUST PUT IT IN MY GARAGE.

IT WENT IN THE ONE PLACE WHERE I COULD PUT IT, WHICH WAS MY VACANT SPACE IN FRISCO.

YES, THE EQUIPMENT IS INSTALLED, BUT THE EQUIPMENT'S NOT WIRED IN.

IT HAS NEVER BEEN FUNCTIONAL, AND IT'S GOING TO REMAIN THAT WAY UNTIL I GET APPROVAL FROM THE CITY TO DO SO.

BUT THE EQUIPMENT, IT WAS A SPECIAL ORDER PIECE, SO IT TOOK A LOT OF TIME, AND WHEN THEY GOT IT, THEY SAID, HEY, WE'RE NOT GOING TO HOLD IT ANYMORE, COME PICK IT UP, OR WE'RE GOING TO GET RID OF IT.

>> JUST TO CLARIFY QUESTION WITH THAT EQUIPMENT.

IS ANY OF THAT EQUIPMENT BASED ON THE MAJOR AUTOMOTIVE REPAIR THAT YOU ORIGINALLY CAME BEFORE US IN NOVEMBER TO DO?

>> NO, MA'AM. IT'S PRETTY MULTIPLE-PURPOSE.

AN AUTOMOTIVE LIFT IS AN AUTOMOTIVE LIFT.

>> GOT YOU.

>> YES, MA'AM.

>> THEN THE LOCATION OF THAT, WHERE THAT WAS INSTALLED WITH THE NEW PROPOSAL IN FRONT OF US WITH JUST TAKING OVER THE 3,000 SQUARE FEET.

IS ANY OF THAT EQUIPMENT IN ANOTHER LOCATION THAT'S NOT THE 3,000 SQUARE FEET?

>> IT WILL BE MOVED.

>> CURRENTLY, IT IS.

>> CURRENTLY, THERE'S ONE LIFT THAT SITS ON THE EASTERN SIDE OF THE BUILDING.

IT JUST NEEDS TO BE SHIFTED OVER.

>> WHEN THE PROPOSED WALL THAT PEOPLE HAVE BEEN TALKING ABOUT, WERE TO BE ERECTED, THEN THAT EQUIPMENT WOULD HAVE TO BE TAKEN OUT OF THAT SIDE, THE WALL WOULD BE PUT UP [INAUDIBLE].

>> YES, MA'AM. ON THE WESTERN SIDE.

>> THANK YOU. THEN YOU'D MENTIONED THAT THE POLICE DEPARTMENT HAD BEEN OUT 10 TIMES.

WHY HAVE THEY BEEN OUT 10 TIMES?

>> COMPLAINTS FROM THE NEIGHBORS ABOUT THE CHURCH.

I'VE SPOKEN TO THE PASTOR AND A COUPLE OF THE PEOPLE THAT REPRESENT.

THEY WERE INCUSING WITH ME ON POSSIBLY IF THIS DIDN'T WORK OUT ON LEASING THE SPACE FOR THE CHURCH, TO TRY TO GET AWAY FROM THE RESIDENTIAL WALL THERE BECAUSE WHAT'S HAPPENING IS ON SUNDAY MORNINGS WHEN THEY COME OUT IN THE PARKING LOT, THERE'S NOISE, THE NEIGHBORHOOD COMPLAINS.

THEIR RECOURSE OR COURSE OF ACTION IS TO CALL THE POLICE, SO THE POLICE GO OUT.

AND SO THE CHURCH IS, HEY, WE'RE IN ALLOWABLE USE. WE'RE HERE.

WE DON'T INTEND TO BE LOUD.

I LOOK AT THAT, AND THAT'S SOMEBODY WITH ABSOLUTE BEST INTENTIONS, NO MATTER WHAT.

I UNDERSTAND THE RESIDENTS HAVE THE RIGHT TO COMPLAIN AND TRY TO SEEK ACTION, BUT AGAIN, IT IS JUST A PART OF THE C2.

THE CHURCH IS IN ALLOWABLE USE THERE.

IT'S NOT GOING TO JUST PICK UP AND MOVE AWAY.

>> [INAUDIBLE]

>> THE CHURCH. HOLD ON, I'M SO SORRY.

>> HE'S NOT WRONG. THE BUILDING WASN'T MADE AS AN AUDITORIUM IS WHAT I'M GATHERING, AND IT AMPLIFIES OUT SO YOU CAN HEAR THINGS FROM INSIDE THE CHURCH IN THE NEIGHBORHOOD.

>> JUST TO CLARIFY, WHAT I'M HEARING IS THE POLICE DEPARTMENT CALLS AREN'T BECAUSE YOU ARE OPERATING IN BUSINESS.

>> NO, MA'AM.

>> BECAUSE THAT IS NOT.

>> NO. IT'S [OVERLAPPING].

>> I MISSED THAT EARLIER, BUT I DIDN'T UNDERSTAND WHEN YOU HAD MENTIONED THE POLICE HAVE BEEN CALLED OUT.

THEN LAST QUESTION.

BEFORE WHEN YOU WERE WITH US IN NOVEMBER, WE TALKED ABOUT CUSTOMIZATION.

EVEN IN A MAJOR AUTOMOBILE REPAIR DESCRIPTION, I DON'T SEE ANYTHING ABOUT MUFFLERS.

I KNOW YOU HAD SAID THAT THERE WERE GOING TO BE MUFFLERS.

IN THE MINOR AUTOMOBILE REPAIR, ARE THERE ANY DETAILS OF CUSTOMIZATION OF CARS THAT WILL EXIST?

[01:30:04]

>> NO, NOT REALLY.

I GUESS, DEPENDING ON WHAT YOU'RE ASKING FROM A CUSTOMIZATION STANDPOINT, BECAUSE YOU COULD SAY THAT PUTTING A CONTROL ARM ON A VEHICLE FROM O'RIELLY'S IS CUSTOMIZING IT FROM THE MANUFACTURER.

IT'S NOT THE SAME COMPONENT, BUT IT IS AN OA REPLACEMENT.

MY GOAL IS TO FALL INTO THE MINOR CATEGORY AS IT IS DEFINED.

I WILL REPLACE MINOR COMPONENTS TO FACILITATE VEHICLES BEING ON THE ROAD, INCAPABLE TO PASS WHAT WOULD HAVE BEEN SAFETY YOUR STATE INSPECTIONS, IF THAT MAKES SENSE.

I'VE TAKEN MY SCOPE, SHRUNK IT DOWN.

BUT I MEAN, THE CUSTOMIZATION WORD IN THE MAJOR AUTOMOTIVE IS VERY LOOSELY DEFINED.

CUSTOMIZING GOES INTO A VAST.

IF YOU'RE ASKING ME IF BY PUTTING AN O'RIELLY'S CONTROL ARM ON A VEHICLE WITH AN OEM, BUT THAT'S NOT REALLY CUSTOMIZING. YES, MA'AM.

>> LAST THING. WHEN JONATHAN WAS SPEAKING OF NO STORAGE OF VEHICLES, DO Y'ALL HAVE ANY PLANS OF STORING VEHICLES SINCE THAT WASN'T A PART OF THE DETAILS IN THE PD CAN YOU CLARIFY WHAT YOU'RE ASKING ABOUT STORING THE VEHICLES?

>> INDOOR.

>> I THINK THEY'D BE STORED INDOOR IF THEY DON'T FINISH THE VEHICLE.

>> NO OUTDOOR STORAGE.

SORRY, I DIDN'T CLARIFY THAT.

>> CORRECT. AS IT STANDS RIGHT NOW, ESPECIALLY, I MEAN, THE CHURCH USES OUR PARKING LOT ON THE WEEKENDS AS IT IS, SO WE TEND TO KEEP THAT FRIENDSHIP GOING.

THEY'LL USE THOSE PARKING SPACES, AND WE WILL PARK VEHICLES INSIDE.

I ASSUME THAT'S AN AESTHETICS THING.

WE'RE NOT GOING TO PARK BROKEN DOWN HOOKERS OUTSIDE, OR ANYTHING LIKE THAT. I GOT TO LOOK CLEAN.

>> SURE. THANK YOU.

>> OF COURSE. THANK YOU.

>> THAT'S ALL THE QUESTIONS I HAVE, AND I JUST WANT TO MAKE A FEW COMMENTS.

BACK IN NOVEMBER, I WENT BACK TO WATCH WHAT I SAID, WHAT WE ALL SAID, BUT JUST THE CASE THAT WAS BEFORE US.

MY CONCERNS AT THE TIME WERE THE KIDS, THE CHURCH [INAUDIBLE], THE NATATORIUM, SOCCER FIELDS, THE STADIUM, AND THE DAYCARE, SPECIFICALLY IN CONNECTION TO MAJOR AUTOMOTIVE REPAIR AND CURRENTLY WHAT THE BUSINESS DOES IN THE OTHER TWO LOCATIONS.

I KNOW I GAVE THE EXAMPLE OF ME GETTING A CAR, HOPPING ON THE HIGHWAY, SHOWING OFF WHAT I JUST GOT DONE.

IT WAS VERY CONCERNING TO ME AS A FORMER RESIDENT OF MEADOW HILL ESTATES, I MOVED THERE IN 2001.

TWO YEARS AFTER THIS PD WAS ESTABLISHED.

I KNOW THINGS WERE VERY DIFFERENT IN 2001 AND 1999, AS THEY ARE NOW, BUT THAT WAS 24 YEARS AGO.

I REMEMBER SAYING THE WORDS, WE CAN DO BETTER IN THIS LOCATION.

REALLY GOOD ADVICE THAT I GOT BEFORE I WAS A PLANNING AND ZONING COMMISSIONER CAME FROM A FORMER CITY COUNCILWOMAN.

SHE SAID TO MAKE SURE THAT AS A PLANNING AND ZONING COMMISSIONER, THAT I HEAR EVERYTHING, AND I THINK ABOUT WHAT WE NEED TO PASS TO CITY COUNCIL, OUR ELECTED OFFICIALS, TO HEAR AND VOTE ON, AND TO NOT MAKE ANY FINAL DECISIONS UNTIL TONIGHT.

I'LL TELL YOU ALL THAT I WAS BIASED BASED ON WHAT WAS FORMERLY IN FRONT OF US, SAYING THAT THIS MIGHT NOT BE THE BEST FIT IN MY OPINION FOR THIS LOCATION.

BASED ON WHAT I HEAR TONIGHT, BEING THAT THE ZONING IS CHANGING, AND IT IS A MINOR AUTOMOTIVE REPAIR, AND TRUSTING IN WHAT THE CITY, WHAT I KNOW THAT THEY DO AS FAR AS ORDINANCES, AND WHAT WILL BE BEFORE THEM TO MAKE SURE THEY'RE HOLDING EVERYTHING ACCOUNTABLE.

I DON'T HAVE PAUSE FOR A MINOR AUTOMOTIVE REPAIR.

I DO FOR MAJOR, I DO FOR MUFFLERS, I DO FOR CUSTOMIZATION.

AS I SAID BEFORE, IT'S NOT THAT I'M ANTI-DEVELOPMENT, ANTI BUSINESS, I KNOW WE EVEN TALKED ABOUT YOU BEING A FRISCONIAN, GRADUATING FRISCO HIGH. IT WAS NOTHING PERSONAL.

IT'S WE ALWAYS HAVE TO LOOK AT PLANNING AND ZONING NOT AS THE APPLICANT IN FRONT OF US BUT OUR FUTURE APPLICANT IN ALL THE DEVELOPMENT AND WHAT WE'RE VOTING ON, WHO ELSE COULD GO IN HERE.

ANY PROMISES WE MIGHT GET FROM AN APPLICANT NOW COULD CHANGE TOMORROW BASED ON AN APPLICANT.

BUT WHAT IS THE ZONING BEING APPROVED FOR? FOR ME TO LOOK AT THIS LOCATION FOR MINOR AUTOMOTIVE, AS A FORMER MEADOW HILL RESIDENT, FOR MINOR AUTOMOTIVE, PERSONALLY, I WOULD NOT HAVE A CONCERN.

FOR MAJOR, I WOULD, AND I WAS.

BUT FOR ME, FOR TONIGHT, I'M COMFORTABLE WITH THE MINOR AUTOMOTIVE.

>> I APPRECIATE EVERYONE.

BEFORE WE GO VOTE, JUST DEPENDING ON HOW THE VOTE GOES, JUST KNOW WE LOVE PEOPLE TO BE INVOLVED IN OUR COMMUNITY.

I HOPE PEOPLE KNOW THIS IS WHAT MAKES OUR COMMUNITY OR ANY COMMUNITY SUCCESSFUL, IS PEOPLE COMING OUT AND HAVING DIALOGUE.

I JUST APPRECIATE ANYONE WHO'S WATCHING OR GETTING INVOLVED, SO THANK YOU.

IF THERE'S ANY QUESTIONS, I DON'T WANT TO STOP ANYONE, BUT IF NOT, I'LL ENTERTAIN A MOTION FOR ITEM 14.

[01:35:01]

>> MOTION TO APPROVE ITEM 14.

>> I'VE GOT A MOTION BY SEAN..

>> IS THAT AS RECOMMENDED BY STAFF?

>> AS RECOMMENDED BY STAFF. THANK YOU.

>> DO WE WANT TO INCLUDE THAT WITH THE WALL BEING INSTALLED?

>> YES. BEFORE CO, YES.

>> I WOULD JUST PUT IT IN YOUR MOTION.

IF YOU ARE FOR THAT, APPROVE ITEM 14, CONTINGENT ON THE WALL BEING INSTALLED BEFORE OC, BE AN OCCUPANT.

>> WE DIDN'T TO PUT ANY DETAILS ABOUT EQUIPMENT BEING MOVED OR THAT GIVEN THE WALL WOULD BE INSTALLED.

>> I WOULD ASK THAT, TOO.

>> THAT WOULD BE A GIVEN BECAUSE THE SUP HAS BEEN APPLIED TO THAT SPECIFIC AREA, AND THAT IMPROVEMENT IS OUTSIDE OF THAT AREA, SO IT'S NON-CONFORMING.

>> HOLD ON. I THINK WARREN AND HAD A QUESTION.

>> I WOULD ASK THAT THERE WOULD BE ADDITIONAL CAVEATS TO YOUR MOTION THAT SPECIFICALLY RESTRICTS SOME OF THE THINGS THAT WE'VE DISCUSSED; MUFFLERS, CUSTOMIZATION, THAT STUFF.

>> I THINK THAT'S SPELLED OUT ALREADY.

UNDER THE DEFINITION OF MINOR?

>> I THINK WHAT IT IS IS IT'S CURRENTLY BEING HELD FROM WHAT THE ZONING ALLOWS.

THEY WOULD BE NON-COMPLIANT IF A MUFFLER OR CUSTOMIZATION WERE TO OCCUR.

>> CAN I ADD ONE THING? MAYBE TWO, OR MAYBE ASK YOU A DIRECT QUESTION.

SINCE MUFFLERS AREN'T MENTIONED IN MAJOR AUTOMOTIVE EITHER, AND BEING THAT WHEN THEY FIRST CAME BEFORE US IN NOVEMBER, THEIR NAME WAS MILLER MUFFLER.

JUST TO MAKE SURE, TO WARREN'S POINT, THAT THAT IS NOT A PART OF THIS NOW, SINCE THAT WAS A HUGE CONCERN, CAN WE ADD THAT IN THERE BECAUSE THE LANGUAGE DOESN'T EXIST IN MAJOR OR MINOR?

>> YOU COULD ADD THAT IN THERE.

BUT AS WE HAVE ALL THESE DIFFERENT CONVERSATIONS TAKING PLACE, SOMEONE'S GOING TO NEED TO STATE, THIS IS A MOTION, BECAUSE IT'S GOT A LITTLE CONVOLUTED.

>> CAN I SAY, I WOULDN'T USE THE WORD CUSTOMIZATION BECAUSE THAT SEEMS LIKE A TOO VAGUE OF A WORD.

I THINK MUFFLER IS VERY CLEAR.

>> I WANT TO SAY MUFFLER.

>> ARE YOU GOING TO WRITE THAT ONE?

>> HERE WE GO. MOTION TO APPROVE.

>> WHAT'S THE MOTION?

>> THAT'S WHAT HE'S GOING TO GO TO REPEAT.

>> ITEM 14, GOING WITH STAFF'S RECOMMENDATIONS, ADDING THAT A WALL GETS INSTALLED AS SHOWN ON THE DRAWING, AND MUFFLERS ARE STRICTLY FORBIDDEN FROM BEING WORKED ON OR INSTALLED THERE.

>> I'VE GOT A MOTION.

>> I WANT TO SAY ONE THING TO A JONATHAN MENTIONED ABOUT WHAT STAFF RECOMMENDATION HAD WAS MAJOR AUTOMOTIVE WHEN IT SHOULD HAVE BEEN MINOR AUTOMOTIVE.

>> YES.

>> CORRECT IN THE RECORD.

>> WHAT WAIT?

>> [INAUDIBLE]

>> I APOLOGIZE. IT'S NOT THAT I'M NOT WANTING TO ENGAGE, IT'S HOW THE PROCESS WORKS.

I'M NOT, BUT I DID HEAR IT, AND I THINK STAFF, BEFORE IT GOES TO CITY COUNCIL, THAT CITY COUNCIL CAN HAVE A DETAILED RECORD OF THE MEASUREMENT FROM HOW THE ORDINANCE READS OF DISTANCE, THAT THAT BE PROVIDED.

>> ADDING ON TO MINE IS ALSO THAT IT'S ALL MINOR, NOT MAJOR, AS WRITTEN IN THE STAFF REPORT.

>> WOULD YOU REPEAT YOUR MOTION?

>> YEAH. I KNOW. I APOLOGIZE.

>> STATE IT INTO THE RECORD.

>> PEOPLE DON'T REALIZE, BUT FRISCO, WE LIKE TO BE VERY DETAILED.

>> MOTION TO APPROVE ITEM 14 WITH STAFF'S RECOMMENDED APPROVAL WITH CHANGING THE WORD MAJOR TO MINOR THAT WAS ACCIDENTALLY LEFT IN THE REPORT, ADDING A WALL THAT'S SHOWN ON THE DRAWING TO SEPARATE THE BUILDING, AND TO STRICTLY FORBID MUFFLERS FROM BEING WORKED ON OR INSTALLED AT THIS FACILITY.

>> ADD TO THAT. THAT WALL BE INSTALLED BEFORE THE CO IS ISSUED FOR THE USE.

JUST GO WITH THAT. I THINK EVERYBODY UNDERSTOOD THAT.

>> I'VE GOT A MOTION BY SEAN.

>> SECOND.

>> I'VE GOT A SECOND BY STEVE. ALL IN FAVOR.

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5-0.

CONGRATULATIONS, AND APPRECIATE EVERYONE.

>> BASED ON THIS CASE, THIS WILL BE SCHEDULED FOR THE MAY 6TH CITY COUNCIL MEETING.

>> ITEM 15;

[Results of the April 1, 2025, City Council meeting.]

RESULTS OF THE APRIL 1, 2025 CITY COUNCIL MEETING.

>> TO SAVE MY VOICE, COMP PLAN WAS APPROVED, THE AMENDMENT TO THE ZONING ORDINANCE REGARDING SITE PLANS. EXCUSE ME.

>> DO Y'ALL MIND TAKING YOUR CONVERSATION OUT IN THE HALL, PLEASE? THANK YOU SO MUCH.

>> CONTINUE THE CONVERSATION.

>> ACOUSTICS ARE GREAT IN HERE.

WE PICK UP EVERYTHING THAT'S SAID.

>> YOU WERE SAYING? THEY DID BELIEVE IN THAT.

>> THE COMP PLAN WAS APPROVED AS APPROVED BY THE PLANNING AND ZONING COMMISSION AND THE AMENDMENT TO THE ZONING ORDINANCE TO TAKE THE [OVERLAPPING].

>> TAKE IT OUTSIDE OF COUNCIL CHAMBERS. SORRY, JON.

>> I'M JUST WAITING. THIRD TIME'S THE CHARM, I GUESS.

COMPLAINS APPROVED AND THEN THE AMENDMENT TO THE ZONING ORDINANCE REGARDING SITE PLANS,

[01:40:02]

THAT TWO-YEAR TIME FRAME WAS STATED AS TWO YEARS FROM THE DATE THAT IT WAS APPROVED.

IT WAS MOVED TO TWO YEARS FROM THE DATE OF APPROVAL, WHICH IS CONSISTENT WITH EVERYTHING ELSE.

YOU CAN READ THE REST OF THE STUFF.

WE'RE GOING ON TO THE NEXT ITEM?

>> YES. ITEM 16,

[Schedule of future discussion items.]

SCHEDULE OF FUTURE DISCUSSION ITEMS.

>> NOTHING TO ADD, BUT I WOULD WANT TO SAY.

JENNIFER, LAURIE, AND HOLLY, IT TAKES TIME TO CONTACT Y'ALL, SENDING OUT EMAILS, WILL YOU BE ATTENDING THE P&Z MEETING? I'M GOING TO PUT IT ON YOU TO FOLLOW UP THE THURSDAY BEFORE THE P&Z MEETING TO LET THEM KNOW IF YOU'RE GOING TO BE HERE OR NOT.

BUT WE DO NEED TO KNOW AND NOT GET CONFIRMATION AT 5:00 TODAY IF YOU'RE GOING TO BE THERE OR NOT.

WE HAVE GOT TO KNOW THAT IF WE'RE GOING TO HAVE A QUORUM TO CONDUCT A MEETING.

IT'S VERY IMPORTANT.

MEETINGS ARE THE SECOND AND FOURTH TUESDAYS OF THE MONTH, EXCEPT FOR JULY AND DECEMBER.

BUT PLEASE FOLLOW UP WITH THEM ON YOUR OWN BECAUSE IT DOES TAKE TIME TO SEND OUT THE EMAIL.

WE DON'T GET RESPONSES, THEY GOT TO MAKE PHONE CALLS.

THAT TAKES TIME AWAY FROM OTHER THINGS THAT THEY'RE RESPONSIBLE FOR. ANY QUESTIONS?

>> I WOULD SAY, I'M GIVING Y'ALL, MY FELLOW COMMISSIONERS, A CHEAT CODE.

AT THE BEGINNING OF THE MONTH, IF YOU'VE GOT YOUR MONTH PLAN OUT, I SAY I'M GOING TO BE BOTH TUESDAYS OR NOT.

RATHER THAN [INAUDIBLE], JUST START EARLY AND JUST SAY, I'M GOING TO BE THERE AT BOTH MEETINGS, AND LAWYER JENNIFER WILL MARK THAT DOWN.

NOW YOU HAVE TO DO IT ONCE.

>> I JUST WANT TO SAY I LOVE JENNIFER'S THEME EMAILS AND HER JOKES. THEY'RE THE BEST.

>> NOW, ALSO, IF YOU'RE HAVING ISSUES WITH YOUR EMAILS, LET US KNOW.

LET JENNIFER OR LAURA OR WHATNOT THEY'LL FOLLOW UP WITH THE IT.

I'VE HEARD FROM A COUPLE OF YOU THAT YOU HAVEN'T BEEN ABLE TO GET IN.

AS SOON AS THAT HAPPENS, PLEASE FOLLOW UP.

>> RIGHT BEFORE WE TAKE A MOTION TO ADJOURN, WE DO HAVE A WORKSHOP ON THE 3RD FLOOR, AND THAT WILL START IN FIVE MINUTES, SO THAT IS OCCURRING FOR US.

IN ADDITION, DO I HAVE [OVERLAPPING]?

>> MOVE TO ADJOURN.

>> MOTION BY WARREN.

>> SECOND.

>> SECOND BY SEAN. ALL IN FAVOR?

>> AYE.

>> ANY OPPOSE? MOTION PASSES 5-0.

WE ADJOURNED AT 8:13 PM. THANK YOU ALL FOR COMING OUT.

* This transcript was compiled from uncorrected Closed Captioning.