Link

Social

Embed

Download

Download
Download Transcript

[00:00:03]

THAT COMMISSIONER DANCLER WILL NOT BE ABLE TO JOIN US TONIGHT.

SO MIGHT AS WELL START THE BALL ROLLING.

WELL, SO WE DON'T.

UM, SO WE CAN JUST GET ON WITH IT.

SO TONIGHT, SO IF IT'S OKAY, I'LL START TONIGHT.

STONING AND PLANNING, COMMISSION MEETING, AND FIRST THING FOR A TECH STAFF.

AND ALSO I'VE BEEN ASKED TO REMIND EVERYONE TO MUTE THEIR MIKES, EVEN IF THEIR OFFICE IS COMPLETELY QUIET BECAUSE OPEN MICS CAN CREATE AN ECHO CHAMBER.

SO, AND I WILL TRY TO DO THAT TOO.

AND OKAY.

SO FIRST, TODAY IS TUESDAY, JUNE 16TH, 2020, AND

[Reading of the Agenda]

OUR AGENDA IS A SUCH A ONE APPROVAL OF MINUTES FOR JUNE 2ND, 2020.

THAT GOES ON THE CONSENT AGENDA, BE ONE.

HELLO? OKAY.

OKAY.

THANK YOU.

THANK YOU.

B ONE IS THANKS.

UM, B ONE REZONING C 14 DASH 2019 DASH ZERO ONE SIX TO SLAUGHTER AND CULLEN.

AND THAT IS A DISCUSSION ITEM B TO REZONING.

SEE 14 DASH 2020 DASH ZERO ZERO FOUR ONE HOUR STOWERS OR STICKERS AND CHILLER THAT IS ON THE CONSENT AGENDA.

THE THREE REZONING SEE 14 DASH 2020 DASH ZERO ZERO FIVE ZERO 3,100 SCOFIELD RIDGE PARKWAY.

THAT IS ON THE CONSENT AGENDA BEFORE SEE 14 DASH 2020 DASH ZERO ZERO FIVE FIVE.

THE COOPER TRACK COMMERCIAL, AND THAT IS ALSO ON THE CONSENT AGENDA.

A B FIVE SITE PLAN S P DASH 2019 DASH ZERO FOUR ONE SEVEN D ADDITIONAL 300 K GROUNDWATER STORAGE TANK IMPROVEMENTS THREE 60.

AND THAT IS ON THE CONSENT AGENDA.

B SIX SITE PLAN SPC DASH 2019 DASH ZERO FIVE SIX THREE D PROFESSIONAL CONTRACT SERVICES.

AND THAT IS A DISCUSSION ITEM B SEVEN SITE PLAN SPC DASH 2019 DASH ZERO ONE 47.

SEE THE 80.

AND THAT IS A CONSENT THAT IS ON THE CONSENT AGENDA.

B EIGHT PRELIMINARY PLAN C EIGHT J DASH 2018 DASH ZERO ONE SIX SEVEN ADDISON SECTION FIVE, A PRELIMINARY PLAN.

AND I READ THE CONSENT AGENDA BEFORE TAKING ROLES.

SO, UM, WHY DON'T I JUST TAKE ROME AND, UM, AND WE'VE ALREADY HEARD THE CONSENT AGENDA AND THEN I'LL GROUP THE ITEMS. OKAY.

UH, COMMISSIONER GARY HERE.

OKAY.

COMMISSIONER NADIA.

BERRERA RAMIREZ HERE.

UH, COMMISSIONER BRAY HERE, COMMISSIONER DANCLER.

SHE TOLD ME SHE WOULDN'T BE HERE.

COMMISSIONER DUNCAN, COMMISSIONER EVANS, COMMISSIONER KING HERE.

COMMISSIONER.

KOBASA ME.

I'M HERE.

L A COMMISSIONER RAY HERE, COMMISSIONER SMITH HERE.

OKAY.

SO, UM, AND WITH THAT, S SORRY TO DO THAT A LITTLE BIT BACKWARDS.

[Consent Agenda]

UM, BUT I READ THE CONSENT AGENDA AND THE ITEMS ARE GROUPED AS SUCH.

UH, THE CONSENT AGENDA IS A ONE THE MINUTES AND B TWO BE FIVE AND BE SEVEN, AND BE A COMMISSIONER, A GEARY.

THE MINUTES NEED TO BE CORRECTED TO REFLECT THE VOTING FOR ITEM C.

ONE IN THE COMMISSIONER SAID VOTED IN PAPER.

THE BOOK WAS SIX, TWO, FOUR, THE COMMISSIONER SPOKE PAPERWORK CHAIR, KIELBASA, VICE CHAIR, BARRERA MITAS COMMISSIONER PSYCHE, RED KING AND BANKER.

THOSE VOTING NAMES WERE COMMISSIONER SPRAY SMITH, EVANS, AND RAY.

OKAY.

UM, SO, UH, ANDREW, ARE YOU THERE? AND CAN WE MAKE, CAN WE MAKE, UM, I JUST WANT CONFIRMATION THAT WE ARE ABLE TO CORRECT THOSE MINUTES, NO LONGER MUTED.

HELLO? OKAY, GREAT.

OKAY.

THANKS WITH THE AMENDED, THE MINUTES AS AMENDED.

[00:05:01]

IS THERE A MOTION TO, UH, ON THE CONSENT AGENDA? I'D LIKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT ITEMS WITH THE PUBLISHER OR ITEMS TWO, THREE, FOUR, FIVE, SEVEN, AND EIGHT ARE APPROVED, RECOMMENDED FOR APPROVAL, RIGHT? YES.

THANKS.

IS THERE A SECOND IN THE MINUTES? OH YEAH, THAT'S CORRECT.

OKAY.

IS THERE A SECOND? OKAY.

COMMISSIONER KING SECONDS.

ALL THOSE IN FAVOR, PLEASE RAISE YOUR HANDS.

AND IT'S UNANIMOUS.

OKAY, GREAT.

[Item B1]

ONTO OUR FIRST DISCUSSION ITEM A AND THAT'S B ONE AND THE, AND WENDY RHODES IS THE CASE MANAGER.

SO GO AHEAD.

YES, I'M HERE.

CAN YOU HEAR ME? YES.

OH, GOOD.

OKAY.

I'LL BEGIN WITH THE ZONING CASE AT SLAUGHTER AND COLON, UH, C 14 2019 ZERO ONE 62.

THIS IS A PLANET L-SHAPE LOT THAT HAS BOTH ACCESS TO SLAUGHTER LANE AND COLIN LANE.

IT'S HIS OWN COMMERCIAL, UH, COMMUNITY COMMERCIAL, UH, WHAT THE CONDITIONAL OVERLAY BY TWO CASES THAT WERE DONE IN 2007, THE WESTERN PORTION IS MODERATELY TREATED.

THERE IS A LARGE TREE AT THE SOUTHWEST CORNER OF THE LOT ON SLAUGHTER LANE.

AND THE APPLICANT IS PROPOSING TO MODIFY THE CONDITIONAL OVERLAY SPECIFICALLY.

THEY WOULD LIKE TO REMOVE TWO RESTAURANT USES THE RESTAURANT GENERAL RESTAURANT LIMITED FROM THE PROHIBITED YOUTH LIST.

OTHERWISE THE COUNCIL APPROVED CONDITIONAL OVERLAY THAT INCLUDES A LENGTHY PROHIBITED USE LIST, A 35 FOOT HEIGHT LIMIT VEHICLE TRIPS PER DAY AT A PUBLIC RESTRICTIVE COVENANT.

ALL THOSE THINGS WOULD REMAIN UNCHANGED.

SO IT'S JUST REMOVING THE TWO RESTAURANT USES FROM THE CONDITIONAL OVERLAY.

UM, THE APPLICANT IS ANTICIPATING THAT THIS THE APP THAT THE RESTAURANT WILL BE LOCATED ON THE WEST SIDE OF THE LOT IN FRONT, ON SQUATTER LANE.

HOWEVER, UM, ACCESS FROM THIS SITE WOULD BE TAKEN FROM COLLIN LANE BECAUSE OF THE, UM, THE DRIVEWAY SEPARATION.

THIS DISTANCE IS NEEDED BETWEEN DRIVEWAYS CANNOT BE MET.

THE STAFF IS RECOMMENDING THE APPLICANT'S REQUEST, UH, BASED ON ITS LOCATION ON AN ARTERIAL ROADWAY AND A COLLECTOR STREET.

UH, WE BELIEVE THAT THE RESTAURANT USE IS COMPATIBLE WITH THE ADJACENT GRC A LOT THAT HAS BEEN APPROVED SITE PLAN FOR OFFICE AND RETAIL USES.

AND, UM, THE RESTAURANT USES APPROXIMATELY 240 FEET FROM THE CLOSEST RESIDENCE IN PARK RIDGE SUBDIVISION.

UH, TO THAT END, THERE ARE A NUMBER OF RESIDENTS FROM THE PARK RIDGE HOMEOWNER'S ASSOCIATION THAT ARE SIGNED UP TO, TO SPEAK.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

OKAY.

THANK YOU VERY MUCH, WENDY.

AND THE APPLICANT.

UM, UH, AND I, I BELIEVE THAT IS, UH, NICOLE MEAD.

I, NICOLE, YOU WILL HAVE SIX MINUTES, MADAM CHAIR AND COMMISSIONERS.

THANK YOU.

MY NAME'S NICOLE MEAT.

I'M WITH HUSH BLACKWELL.

AND SPEAKING ON BEHALF OF THE APPLICANT, UM, AS WENDY SAID, THE SITE WE ARE HERE ABOUT TONIGHT IS A ONE POINT I'M SORRY.

I HEAR SOME THING IN THE BACKGROUND.

IT'S A 1.27 ACRE SITE THAT IS A SMALLER PART OF THE TRACK THAT I'M SURE YOU WILL HEAR A LOT ABOUT TONIGHT IN THE COMMENTS WE'RE LOCATED ON SLAUGHTER LANE, JUST WEST OF CONGRESS IN SOUTH PARK MEADOWS, JUST TO GIVE YOU YOUR BEARINGS.

UM, I DON'T KNOW IF ANYBODY IS RUNNING THE SLIDE.

IF YOU COULD GO TO THE THIRD SLIDE, IT'S JUST A PHOTO OF THE SITE.

UM, JUST TO SHOW YOU WHAT WE'RE AT THE SITE THAT WE'RE TALKING ABOUT.

WE, THIS PHOTO IS TAKEN.

IF SOMEONE COULD GO TO THE THIRD SLIDE, UM, THE PHOTO WAS TAKEN ACROSS SLAUGHTER LANE LOOKING TOWARD THE SITE.

SO LOOKING TO THE NORTH.

OKAY.

I'M JUST GOING TO PROCEED WITHOUT THE SIDES.

CAUSE IT LOOKS LIKE THEY'RE NOT MOVING, UM, OUR REQUEST.

OKAY.

UM, I'M NOW ON SLIDE NUMBER FIVE.

OKAY.

AND WE NUMBERED THEM.

SO YEAH.

OKAY.

OUR REQUEST IS TO AMEND THE ZONING TO REMOVE, AS WENDY SAID, ONE PROHIBITED USE, WHICH IS RESTAURANT TO MAKE THAT USE PERMITTED.

AND I GUESS TECHNICALLY IT'S TWO IT'S RESTAURANT LIMITED IN GENERAL.

UM, THE SITE IS ZONED GR AS WENDY SAID, AND IT HAS 27 USES

[00:10:01]

THAT WOULD NORMALLY BE ALLOWED IN GR, UM, BUT WILL BE PROHIBITED ON THIS SITE.

AND SO I WANT TO MAKE IT VERY CLEAR THAT WE'RE NOT ASKING TO ALTER ANY OF THOSE OTHER USES ALSO NEXT SLIDE, PLEASE.

I ALSO WANT TO POINT OUT THAT WHEN THE SITE WAS REZONED IN 2006, IN ADDITION TO THE USE RESTRICTIONS, THE NEIGHBORHOOD REQUESTED SEVERAL OTHER RESTRICTIONS TO BE ADDED, AND THEY WERE ADDED INCLUDING THINGS LIKE AN UNDISTURBED VEGETATIVE BUFFER, UM, THAT THE SITE WOULD COMPLY WITH SCENIC ROADWAY SIGN RESTRICTIONS THAT THE HOURS OF CONSTRUCTION WOULD BE LIMITED THAT ANY 24 HOUR BUSINESS WOULD BE AT LEAST 200 FEET AWAY FROM RESIDENCES.

ALL OF THOSE RESTRICTIONS WILL REMAIN IN PLACE AND STILL APPLY TO OUR SITE.

I ALSO NEGLECTED TO LIST IT ON THE SLIDE AND THE SLIDES, BUT THERE ALSO IS A HEIGHT RESTRICTION OF A MAXIMUM OF 35 FEET, WHICH APPLIES TO OUR SITE.

WE KNOW THAT THE NEIGHBORS FROM PARK RIDGE ARE HERE TONIGHT AND OPPOSE THE REQUEST, AND WE DO UNDERSTAND THEIR CONCERN, BUT WE REALLY BELIEVE THAT THIS REQUEST TO REMOVE ONE OF 27 PROHIBITED USES REALLY WILL HAVE A MINIMAL IF ANY IMPACT ON THE RESIDENTIAL AREA CLOSEST TO US.

UM, MOST IMPORTANTLY OF WHAT YOU'LL HEAR TONIGHT, I THINK IS THAT ALLOWING A RESTAURANT HERE IS REALLY NOT THE SAME SITUATION AS IT WAS IN 2006, 2007.

AND HERE'S WHY IF YOU COULD GO TO SLIDE SEVEN, PLEASE, THE ZONING CASE THAT WAS DONE IN 2006, UM, WHICH YIELDED ALL OF THESE RESTRICTIONS WITH FOUR VERY DIFFERENT TRACKS, IF SOMEONE COULD FORWARD TO ADVANCE TO SLIDE SEVEN, UH, WHAT WAS BROUGHT FORWARD, UH, FOR REZONING IN 2007 WERE TWO AREAS THAT MADE UP ABOUT 5.6.

AND, UM, YOU CAN SEE IF WE CAN GET TO THAT SLIDE, BUT MAYBE WE CAN'T.

MMM.

YOU CAN SEE THAT THE TWO AREAS THAT ARE SHADED OR THE AREAS THAT WERE REZONED, IF YOU CAN GO TO THE NEXT SLIDE, UM, SINCE THAT TIME, THE PROPERTY HAS BEEN RESET, DIVIDED, AS YOU CAN SEE HERE.

AND, UH, THE TRACT IN PURPLE IS NOW THE TRACK THAT WE'RE TALKING ABOUT, AS YOU CAN SEE, THERE'S AN ENTIRELY OTHER DEVELOPABLE TRACK THAT IS BETWEEN US AND THE NEIGHBORHOOD THAT IS, UH, AN OPPOSITION.

AND AS WENDY SAID, WE ARE MORE THAN 240 FEET AWAY FROM THEM.

UH, IF YOU GO TO THE NEXT SLIDE, THE CIRCLES THAT YOU SEE TO THE LEFT ARE THE SINGLE FAMILY HOMES.

AND YOU CAN SEE IN YELLOW, THE AREA THAT WE'RE ASKING TO REZONE, AGAIN, IT'S A VERY DIFFERENT TRACK THAN THE NEIGHBORHOOD HAD CONCERNS ABOUT WHEN THE SITE WAS REZONED IN 2006, 2007, WE KNOW YOU'LL HEAR ABOUT SMELLS AND NOISE AND LIGHTS, BUT WE WOULD ASK THE COMMISSION TO CONSIDER THAT THERE ARE LOTS OF RESTAURANTS, UM, IN CLOSE PROXIMITY TO THIS NEIGHBORHOOD UP AND DOWN SLAUGHTER LANE.

AND SO, YOU KNOW, THOSE WHERE IT DOESN'T SEEM LOGICAL TO US TO PROHIBIT THAT YOUTH ON THIS SINGLE TRACT, WHEN YOU HAVE THAT YOUTH ALL OVER SLAUGHTER AND IN FACT, CLOSER TO THE NEIGHBORHOOD, THEN WE WILL BE FOR THESE REASONS WE ASKED FOR THE COMMISSION'S APPROVAL, UM, OF AGAIN, JUST ALLOWING THIS ONE PROHIBITED USE.

I ALSO WANT TO SAY THAT WE DID GET A QUESTION FROM A COMMISSIONER ABOUT WHETHER WE MET WITH THE NEIGHBORHOOD.

I MADE CONTACT WITH THE NEIGHBORHOOD IN DECEMBER, IN JANUARY.

UH, I WAS ABLE TO SPEAK WITH SUSAN HAMBRIGHT AND, UH, AS THE REPRESENTATIVE OF THE NEIGHBORHOOD.

AND AT THAT TIME, THE NEIGHBORHOOD CONVEYED THAT IF WE WERE TALKING ABOUT A RESTAURANT, THEY DIDN'T REALLY WANT TO MEET, UH, THEY FEEL STRONGLY THAT THE ZONING SHOULDN'T BE CHANGED.

UM, BUT WE THINK THAT, UH, THE SCENARIO IS DIFFERENT AND THAT A CHANGE IS WARRANTED AND REALLY WILL HAVE VERY LITTLE IMPACT ON, ON THEM AND ON THE RESIDENTIAL.

SO WITH THAT, UM, COMMISSIONERS, WE REQUEST YOUR APPROVAL.

OKAY.

THANK YOU VERY MUCH.

AND ALSO SIGNED UP TO SPEAK IN FAVOR IS MICAH KING AND MICAH YOU'LL HAVE THREE MINUTES INTROVERT.

HE'S NOT SPEAKING ON THIS ITEM.

THANK YOU.

OH, OKAY.

AND SO, OKAY.

THEN WE'LL GO TO, UM, THOSE WHO ARE SIGNED UP TO, UH, IN, UH, IN OPPOSITION AND, UM, IS THERE A PARTICULAR, IF NOT, I WILL JUST GO WITH, UM, SUSAN HAMBRIGHT IS SIGNED UP FIRST AND SHE'LL HAVE SIX MINUTES UNLESS THERE THERE'S A PREFERRED

[00:15:01]

ORDER FOR THE SPEAKERS.

HELLO? HAVE MET HIM FAIR.

YES.

HELLO.

THIS IS SUSAN.

I LIVE I'M MUTING MYSELF AND I DIDN'T UNDERSTAND HOW LONG YOU SAID I HAD SIX MINUTES, UM, AS THE FIRST SPEAKER, AND THEN EVERYBODY ELSE WILL HAVE THREE MINUTES.

PERFECT.

WE HAD UNDERSTOOD THAT WE ONLY HAD THREE MINUTES.

I'VE GOT A PRETTY LENGTHY NOVEL FOR YOU.

SO THANK YOU FOR THE EXTRA TIME.

UM, GOOD EVENING COMMISSIONERS.

MY NAME IS SUSAN HAMBRIGHT AND I'M ON THE BOARD OF DIRECTORS AND A 20 YEAR RESIDENT OF PARK RIDGE.

WE'RE TRULY DISAPPOINTED TO BE BACK HERE FIGHTING THIS ISSUE THAT WAS SETTLED IN 2007, DESPITE APPLICANT'S COMMENTS, REALLY, NOTHING HAS CHANGED FOR PARKRIDGE SINCE THEN, EXCEPT THAT IN 2015, A NEW ENTITY PURCHASED THE PROPERTY.

AND WE JUST USED THAT ANY RESTAURANT USES CLOSER TO US IN THIS LOCATION, THEY WERE AWARE OF, THEN THAT RESTAURANT USES WERE PROHIBITED AND THAT WE WOULD OPPOSE ANY EFFORTS TO REMOVE THOSE USES.

UM, I REACHED OUT TO APPLICANT AND FINALLY MADE, MADE TOUCH BASES WITH THEM RATHER THAN VICE VERSA.

BUT ANYWAY, HERE WE GO AGAIN.

IN 2007, THE ZONING COMMISSIONERS LED BY THE LEGENDARY BETTY BAKER DID NOT RULE AT THE FIRST HEARING ON THIS MATTER, BUT PUT A COALITION OF PARKWOODS NEIGHBORS, APPLICANT AND THE CITY TOGETHER TO COME TO AN AGREEMENT.

THE 2007 COMMISSIONS IN THE END, AGREED AND DETERMINED AT RESTAURANT USES WOULD NOT BE APPROPRIATE FOR THIS PROPERTY BECAUSE OF ITS PROXIMITY TO PARKWOODS RESTAURANT USE WAS NUMBER ONE ON OUR LIST.

WE HOPE THAT YOU AGREE THAT THE HARD WORK THAT HAS ALREADY BEEN DONE BY ZAP AND THAT THERE IS NO REASON FOR THIS BODY TO QUESTION THAT RULING APPLICANT ADVISED US THAT THE PROPOSED TENANT IS A FRIED CHICKEN, FAST FOOD FRANCHISE CALLED RAISING CANES, WHOSE WEBSITE INDICATES THAT AUSTRIAN AREA LOCATIONS ARE OPEN UNTIL ONE AND 2:00 AM.

AND ONE LOCATION IS OPEN UNTIL THREE 30 IN THE MORNING, BECAUSE THERE ARE NO CONDITIONS ON HOURS OF NEWS.

THERE WOULD BE NO REMEDY AVAILABLE.

PARKWOODS RESIDENTS.

IF THIS COMMISSION THROWS OUT, BUT 2007 RULING THE TOPOGRAPHY OF THIS PROPERTY IS SUCH THAT IT SITS ABOVE PARK REDS.

SO NO BUFFER CAN ADEQUATELY STOP THE SMELL OF FRIED CHICKEN LIGHT FROM CARS, CIRCLING THE PARKING LOT, OR SOUND FROM THE LOUDSPEAKERS, FROM WALKING INTO OUR HOMES.

I WON'T EVEN START ON THE TRAFFIC ON FLUTTER AND COLLIN, WHICH IS ALREADY ON THE CITY'S TOP 10 MOST ACCIDENT PRONE INTERSECTIONS ON IT'S VERY SAFE, A FAST FOOD RESTAURANT OPENED UNTIL EARLY MORNING HOURS COULD NEVER COMPLY WITH ALL THE CONDITIONS THAT WERE CONTAINED IN THE ORDINANCES.

SO FOR THOSE OBVIOUS ISSUES, RESTAURANTS SHOULD NOT BE ALLOWED.

EVEN IF APPLICANT AGREED TO REDUCE THE HOURS, THERE COULD BE NO ONE FORCEMENT OF ANY SUCH AGREEMENTS.

IF YOU CAN IMAGINE THIS PLAN BEING GOOD FOR YOUR NEIGHBORHOODS, BEEN PLEASED HONOR, BETTY BAKER'S LEGACY AND UPHOLD THE 2007 RULING FOR OUR NEIGHBORHOOD.

BETTY BAKER WAS NOTHING, IF NOT THOROUGH.

AND SHE COULD READ YOU THE ZONING RULES BACKWARDS WITH HER EYES CLOSED.

SHE KNEW THAT THE 2007 DECISION WAS RIGHT.

WE WOULD BE WILLING TO WORK WITH APPLICANT ON ANY OTHER ITEM ON THE PROHIBITED LIST, WHICH WAS ACTUALLY A LIST THAT WAS, THAT WAS, THAT CAME UP BY WAY OF THE CITY RATHER THAN, UH, BY THE NEIGHBORHOODS.

THIS ISSUE IS TERRIBLY IMPORTANT FOR PARKER IS, AND IF YOU CANNOT EASILY VOTE NO TONIGHT, THEN PLEASE DELAY YOUR RULING UNTIL MORE DISCUSSION CAN BE HELD.

UH, THANK YOU.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU VERY MUCH.

AND THEN NEXT STEP TO SPEAK IS STEPHANIE LINDHOLM AND YOU'LL HAVE THREE MINUTES.

AND THEN AFTER HER IS ELIZABETH CARSON, JEAN BARRETT AND KATHERINE FERNANDEZ.

SO, BUT STEPHANIE LYNN HOME YOU'LL HAVE THREE MINUTES.

SURE.

COMMISSIONER LAYS ON ANDREW.

UM, JUST REMINDER TO PARTICIPANTS THAT THEY MAY HAVE TO SELECT STAR SIX TOO.

HELLO? HELLO, STEPHANIE? YES.

OKAY.

YOU'LL HAVE THREE MINUTES TO SPEAK.

THANK YOU.

OKAY.

THANK YOU.

UH, MY NAME IS STEPHANIE LYNN HOME AND I AM THE HOMEOWNER AT 91 21 BY CIRCLE.

I SHARE A BACKYARD FENCE WITH THE PROPERTY OFF COLON AND SLAUGHTER.

UM, AS SOMEONE WHO'S NOW FACING THE POSSIBILITY OF SHARING A BACKYARD WITH THE SMELL OF GREASE PITS AND DUMPSTERS WITH ROTTING FOOD, I WHOLEHEARTEDLY OPPOSED THE REMOVAL OF RESTAURANTS IN THE

[00:20:01]

PROHIBITED LIST OF USES THIS NEIGHBORHOOD HAS WORKED REALLY HARD TO GET THAT LIST IN THE FIRST PLACE.

AND IT WOULD BE NEGLECTFUL OF THIS COMMISSION TO DISMISS THE CONCERNS OF THE NEIGHBORHOOD JUST REMOVAL WOULD IN TURN AFFECT.

THERE ARE SEVERAL REASONS WHY YOU SHOULD VOTE AGAINST THE REMOVAL OF RESTAURANTS IN OUR NEIGHBORHOODS, PROHIBITED BLISS.

THE FIRST THING IS THAT THERE ARE SO MANY DIFFERENT TYPES OF BUSINESSES THAT COULD FIT INTO THE CRITERIA OR THE PROPERTY OFF COLIN AND SLAUGHTER THAT IT WOULD, THAT WOULD NOT BE DISRUPTIVE TO THIS, THAT THIS WOULD NOT HAVE THE SAME DISRUPTIVE SIDE EFFECTS THAT COME WITH A RESTAURANT, INCLUDING, BUT NOT LIMITED TO ODORS EXHAUST FROM CARS, SITTING IN LINE, UH, THE SOUND OF PEOPLE ORDERING THE SOUND OF PEOPLE'S CARS, THE SOUND OF TRAFFIC, THE SOUND OF DUMPSTERS, THE SMELL FROM THE DUMPSTERS, THE PESTS FROM THE DUMPSTERS, FROM THE FOOD.

UM, THE SECOND IS THAT REMOVING ONE ITEM FROM THIS LIST SET THE PRECEDENT FOR THIS TO HAPPEN AGAIN.

AND I PERSONALLY WOULD BE VERY DEVASTATED TO SEE THE PROTECTIONS OF THIS NEIGHBORHOOD THAT WE'VE WORKED SO HARD FOR.

BE COMPLETELY DISREGARDED IN THE FUTURE BECAUSE OF THIS ONE ACTION NOW.

UM, AND IN THE INTEREST OF BEING BRIEF, UH, I WOULD HOPE THAT YOU WOULD VOTE THE SAME IF YOU LIVED HERE.

IF YOU HAD TO SMELL THE GREASE TRAPS EVERY MORNING, JUST SMELL THE EXHAUST, TO HEAR THE ENGINE, TO SEE THE LIGHTS SHINING THROUGH YOUR WINDOW.

YOU HEAR PEOPLE SHOUTING INTO THE LOUDSPEAKER ABOUT THEIR FAMILY ORDER INSIDE OF SAUCE.

UM, I HOPE YOU WOULD CONSIDER THIS CHANGE AS IF IT WERE PERSONALLY AFFECTING OR ZEN SPACE, THE PLACE WHERE YOU HAVE YOUR MORNING COFFEE AND WHAT YOU CALL YOUR HOME.

UM, AND ON THAT SAME NOTE, I'D LIKE TO ADDRESS THE APPLICANT, UM, WHO USED A CERTAIN TONE TO ADDRESS THE CONCERNS THAT THE COMMITTEE WOULD HEAR FROM US TODAY ABOUT SOUNDS AND SMELLS AND LIGHTS.

AND I'D LIKE FOR THEM TO IMAGINE IF THOSE SOUNDS AND THOSE SMELLS AND THOSE LIGHTS WERE IN YOUR BACKYARD SPECIFICALLY, BECAUSE I'M SURE THE TONE WOULD CHANGE WHEN IT AFFECTS YOU.

UM, AND THIS AFFECTS US A LOT.

SO I WOULD REALLY HOPE THAT THE COMMISSION, HERE'S WHAT WE HAVE TO SAY TODAY AND UNDERSTANDS THAT EVERYONE IN THIS NEIGHBORHOOD IS AGAINST HAVING THIS BEHIND US.

UM, THANK YOU FOR YOUR TIME AND CONSIDERATION.

APPRECIATE IT.

OKAY.

THANK YOU.

AND THEN, UM, OH, I'M SORRY.

IT WAS ELSBETH CARSON AND YOU'LL HAVE THREE MINUTES AND THEN GENE BARRETT, THANK YOU SO MUCH FOR CONSIDERING MY THOUGHTS ON THE MATTER.

MY NAME IS BEN CARSON AND I AM AGAINST THE APPLICANT'S REQUEST TO REMOVE RESTAURANT EXEMPTION.

UH, THIS IS MY FIRST HOME PURCHASE AND I'VE LIVED AT 91 OH NINE VISION CIRCLE FOR 11 MONTHS.

UH, SINCE JULY, 2019, I'VE LIVED IN AUSTIN SINCE 2003 AND RENTED NEARLY 14 DIFFERENT PLACES ALL THROUGHOUT THIS GREAT CITY.

UM, I LOVE AUSTIN AND I LOVE THE PEOPLE I'VE MET HERE.

AND AFTER GRADUATING IN 2007, I WANTED TO STAY AND WORK IN AUSTIN AND MAKE IT MY HOME.

UM, I IMMEDIATELY HAD TO GET A JOB.

AND SO I WENT DOWN A TOWN AND I GOT HIRED AT FRANK AND ANGIE'S PIZZERIA MY BOSSES, LOCALS.

WE SUPPORTED THE MUSICIANS THAT WORK THERE.

HE SUPPORTED ME BY GOING BACK TO SCHOOL, UM, AND BECOMING A TEACHER.

UM, SO I WENT BACK TO SCHOOL TO BE A TEACHER.

AND I WORKED AT A RESTAURANT WHILE STUDENT TEACHING, PAYING TUITION, UM, FOR UT WORKING 30 HOURS A WEEK AT BOOBY HIGH SCHOOL, AND THEN FOUR NIGHTS AT THE PEOPLE.

YEAH, I WAS GOING DEEPER INTO THAT TO BE ABLE TO LIVE IN AUSTIN AND I WANTED TO SERVE MY COMMUNITY.

AND I WANTED THAT TO ME, COULD BE AUSTIN.

I JUST RECENTLY FINISHED MY 10TH YEAR TEACHING SOCIAL STUDIES TO MIDDLE SCHOOLERS, UM, AT LIVELY MIDDLE SCHOOL FORMALLY FOR MORE.

AND THE LAST THREE MONTHS OF MY TEACHING WAS DONE REMOTELY FROM MY VERY FIRST HOME.

YES, CARDINALS, BLUEJAYS, BUTTERFLIES, VULTURES, EVEN SQUIRRELS IN MY BACKYARD HAVE GIVEN SO MANY SILVER LININGS AND THIS GRAY DESTRUCTION OF THEIR HABITAT CAR TRAFFIC, DUMPSTER PICKUPS, WHICH WE ALREADY HEAR FROM ACROSS THE STREET WOULD IMPACT MY QUALITY OF LIFE NEGATIVELY.

AND I MIGHT BE STILL BE TEACHING MY HOME.

UH, UH, THIS FALL.

THE REASON I OBJECT THE MOST THOUGH, IS THAT FAST FOOD RESTAURANT PRO, ALTHOUGH THEY PROVIDE VITAL JOBS, THEY DO NOT PAY WAGES THAT ALLOW PEOPLE TO LIVE IN AUSTIN BEFORE COVID RESTAURANTS LIKE SONIC AND CHICK-FIL-A, WE'RE STILL HIRING ACROSS THE STREET.

UNEMPLOYMENT WAS AT A RECORD LOW TODAY.

I SEARCHED FOR JOBS IN SOUTH PARK MEADOWS, WHICH IS JUST LESS THAN A MILE.

AND THERE WERE OVER A HUNDRED OPENINGS FOR FRONT AND BACK OF STAFF IN THERE AND A FAST FOOD, CHICKEN PLACE LIKE RAISING CANE.

THE AVERAGE SALARY, ACCORDING TO GLASS DOOR WAS 10 73 AN HOUR, AND CALCULATED FOR FOUR WEEKS.

PEOPLE MAKE BEFORE TAXES, $1,700, AN AVERAGE RENT, ACCORDING TO THE STATESMAN WAS $1,100 FOR A ONE BEDROOM.

HOW ARE PEOPLE GOING TO PAY FOR FOOD, HEALTHCARE AND JOE AND THE FAMILIES.

IF THEY HAVE JOBS, WE NEED HIGH PAYING JOBS FROM LOCAL BUSINESSES THAT CAN CONTINUE TO AUSTIN TO SUSTAINABLY GROW THE DECISION.

NOT TIL OUR RESTAURANT USED TO BE A LOCAL DECISION TO ENSURE THAT AUSTINITES ARE NOT

[00:25:01]

CAUGHT UP IN THE CYCLE OF WORKING MULTIPLE LOW PAYING JOBS JUST TO AFFORD TO LIVE IN AUSTIN.

ANOTHER RESTAURANT, ESPECIALLY IN THESE UNCERTAIN TIMES, COVID BANKRUPTING SO MANY LOCALLY OWNED.

AUSTIN RESTAURANTS SEEMS LIKE A WIN FOR PROFITS AND NOT FOR PEOPLE.

PLEASE PROTECT OUR COMMUNITY AND REJECT THE RESTAURANT EXEMPTIONS.

I THANK YOU FOR YOUR TIME.

OKAY.

THANK YOU.

AND THEN JEAN BART, AND AFTER JEAN BART AS KATHERINE FERNANDEZ, THEN SHIRLEY MASTERSON.

HELLO, THIS IS JEAN.

HELLO.

HI.

WE CAN HEAR YOU.

OKAY.

UM, THIS IS JEAN BARRETT AND I LIVE AT NINE OH FIVE SEVEN VISION CIRCLE.

UH, I'VE BEEN HERE FOR 19 YEARS AND I WAS IN ON THIS, UH, BACK IN 2007 WHEN IT WAS LITIGATED.

AND IT SAID THAT, YOU KNOW, WE DIDN'T WANT, ESPECIALLY DID NOT WANT RESTAURANTS.

UM, NOTHING HAS CHANGED SINCE THEN, EXCEPT, UH, THERE'S A DIFFERENT PERSON TRYING TO SET THIS UP NOW AND, OR THE DEVELOPER, WHAT I MEANT.

UM, AND I'M NOT EVEN SURE HE'S AN AUSTIN RESIDENT, THE MAIN THING WE WERE, UM, BUT NOTHING HAS CHANGED, BUT THE IDEA OF HAVING, UH, SPEAKERS AND HEADLIGHTS FLASHING INTO THE BACK OF OUR NEIGHBORHOOD AND CARS AND EXHAUSTS, AND ESPECIALLY IN THE WEE HOURS OF THE MORNING HAVING SPEAKER AND, UH, IT'S JUST SOMETHING THAT I DON'T THINK ANYONE WOULD WANT IN THEIR BAG.

YEAH, I GUESS IT'S JUST THAT I DON'T HAVE A LOT MORE TO SAY ABOUT THIS, EXCEPT THAT NOTHING HAS CHANGED IN THIS.

AND I HOPE THAT THE ZONING BOARD WILL CONSIDER THAT.

I KNOW TO THINK ABOUT WHAT IT WOULD BE LIKE IF THIS PLACE WERE IN YOUR BACKYARD.

THANK YOU.

OKAY.

THANK YOU.

AND NOW CATHERINE FERNANDEZ AND SHIRLEY MASTERSON THAN MEGAN EARHART.

UM, SO KATHERINE FERNANDEZ.

HELLO, MY NAME'S KATHERINE FERNANDEZ.

I LIVE AT NINE ONE ONE SEVEN.

A VEGAN CIRCLE VISIT WAS UP FOR D THE FATE, HOW YOU PRONOUNCE THAT.

UM, I'M A LOT 26.

SO, UM, I'VE BEEN HERE 10 YEARS AND I'M RAISING A DAUGHTER WHO PLAYS IN MY BACKYARD OFTEN.

AND OFTENTIMES THE, THE WALK FROM CHICK-FIL-A WILL COME OVER AND YES, IT, THERE ARE OTHER FAST FOOD RESTAURANTS IN OUR AREA.

UM, AND EVERY TIME UNDOUBTEDLY WITH THE REQUEST OF LIKE, LET'S GO GET CHICK FILET, CAN WE GO GET, AND YOU KNOW, IT DOES HAVE THAT EFFECT.

UM, I, I GUESS I, I DON'T HAVE ANYTHING ADDITIONAL TO ADD.

I THINK I'M REALLY PROUD OF MY NEIGHBORS ALMOST TO TEARS OF THE COMMUNITY THAT WE HAVE HERE IN PARK RIDGE, NEW AND OLD COMING TOGETHER.

BUT I DON'T HAVE ANYTHING TO ADD TO THE CONCERN BECAUSE IT IS TRUE.

I CAN HEAR THE DUMPSTERS BEING EMPTIED IN SOUTH PARK MEADOWS ACROSS THE STREET.

WE DO GET BROADENS FROM ACROSS THE STREET.

SO I CAN ONLY IMAGINE WHEN THAT ENTERS TO RIGHT BEHIND MY HOUSE.

UM, I DO I HAVE THE CONCERN ABOUT HEARING THE, HEARING THE ORDERS THROUGH THE DRIVE THROUGH ALL THE TIME, THE SMELL, THE LIGHTS, YOU KNOW, ALL, ALL, I GUESS, ALL OF THE CONCERNS THAT HAVE ALREADY BEEN EXPRESSED, BUT LOW PAYING WAGES.

SO WE ALREADY HAVE AN IMPLICIT OF THIS IN THIS AREA.

UM, I DO THINK IT WOULD RE REDUCE THE QUALITY OF LIFE THAT I PERSONALLY HAVE IN MY NEIGHBORS PERSONALLY HAVE.

UM, YOU KNOW, BUT I, I GUESS I, I, I DON'T HAVE ANYTHING ADDITIONAL TO ADD TO ANY OF MY OTHER NEIGHBORS THAT DIDN'T GET ALL THE FEELING OF CONCERN THAT WE DO FEEL IN THIS ENTIRE NEIGHBORHOOD.

AND I'M JUST INCREDIBLY PROUD OF MY NEIGHBORS FOR, UH, COMING TOGETHER AND REALLY FIGHTING FOR, FOR WHAT WE WANT.

AND, UM, AND HONESTLY, YOU KNOW, YOU DO HAVE A LOT OF CONDITIONAL USES ON THIS PROPERTY, BUT RESTAURANTS IS OUR NUMBER ONE CONCERN.

AND I THINK IF YOU PERSONALLY LOOK AT THIS, LIKE MANY OF MY NEIGHBORS HAVE, HAVE MENTIONED AND THOUGHT ABOUT IT FOR YOURSELF.

UH, MANY OF THESE OTHER CONDITIONAL USE, I THINK WE'D BE ABLE TO WITH, AND WE WOULD UNDERSTAND, BUT RESTAURANTS, ESPECIALLY A FAST FOOD RESTAURANT THAT IS LIKELY TO BE OPEN UNTIL EARLY HOURS IN THE MORNING.

UM, IT'S JUST NOT SOMETHING THAT, THAT I THINK WILL, I THINK IT WILL REDUCE ALL OF OUR QUALITY OF LIFE.

SO I APPRECIATE YOUR CONSIDERATION AND THE

[00:30:01]

TIME TO SEE AND EVERYTHING THAT YOU ALL DO.

OKAY.

THANK YOU NOW.

OH, UM, SHIRLEY MASTERSON THAN MEGAN EARHART THAN MAGGIE LONG GOWER THAN HAYES'S RODRIGUEZ SHIRLEY MASTERSON, THEN I THINK, WELL, I THINK, AND SURELY MASTERSON THERE.

THEN IF, WHY DON'T WE JUST GO ON TO MEGAN, ERIC? OH, SHIRLEY, ARE YOU THERE? HELLO, SHIRLEY.

OR IS THIS MEGAN? THIS IS, THIS IS SHIRLEY.

OKAY.

SURELY YOU'LL HAVE THREE MINUTES.

YES.

OKAY.

I JUST WANT TO ADD, UH, AGAIN, TO HAVE FABRY OUR, OF OUR NEIGHBORHOOD STANDING UP TO THIS RESTAURANT THAT THEY WANT TO PUT THEIR A GUESS.

WE DON'T UNDERSTAND WHY THEY DON'T WANT TO HAVE THEIR PLACE IN SOUTH PARK MEADOWS WITH THE REST OF THE BUSINESSES.

I LIVE IN THE FIRST HOUSE ACROSS THE RETENTION POND, AND I THINK I WOULD PROBABLY GET PROBABLY THE WORST OF IT BECAUSE WE HAVE AN OPEN AREA BETWEEN HERE AND THERE.

AND I LIVE AT NINE TWO ZERO ONE VISION CIRCLE, THE FIRST HOUSE AS YOU COME AROUND THE CORNER, UH, I OPPOSE THE RESTAURANT AND I'M CONCERNED AS ALL OUR NEIGHBORS ARE.

THANK YOU.

OH, SORRY.

UH, MEGAN EARHART THEN MAGGIE LONG GOWER, THEN HAYES'S RODRIGUEZ.

AND MEGAN, ARE YOU THERE? HI, THIS IS MEGAN.

CAN YOU HEAR ME? YES.

OKAY, GREAT.

UM, SO MY NAME IS MEGAN OR HEART.

I ALSO LIVE ON VISION CIRCLE.

UM, THIS IS ACTUALLY MY VERY FIRST ZONING OR COMMISSION OR REALLY ANY TYPE OF LOCAL GOVERNMENT MEETING.

SO THANK YOU ALL FOR TAKING THE TIME TO HEAR US OUT ON THIS.

I THINK A LOT OF MINE FELLOW NEIGHBORS HAVE DONE A GREAT JOB IN BRINGING UP A LOT OF THE CONCERNS THAT I HAVE, BUT I DO WANT TO BRING UP A FEW SPECIFIC THINGS.

UM, ONE THIS BEING MY VERY FIRST EXPERIENCE WITH LOCAL GOVERNMENT, IT'S REALLY INTERESTING TO BE PART OF THE DECISION MAKING PROCESS.

AND AS SUSAN POINTED OUT IN 2007, WE DID BRING THIS UP BEFORE AND WE WOULDN'T REALLY WANT TO GO BACK ON, EXCUSE ME, WE WOULDN'T WANT TO GO BACK ON THE DECISIONS THAT WE MADE THERE.

UM, THE NEXT THING THAT I WANT TO BRING UP IS THE APPLICANT BROUGHT UP THAT THERE ARE A LOT OF RESTAURANTS AROUND, BUT SUSAN DID RIGHTLY BRING UP THAT THERE ARE NONE THAT WOULD BE CLOSER THAN THIS RESTAURANT TO US.

AND FINALLY, ANOTHER THING I WANTED TO BRING UP WAS SPEAKING SPECIFICALLY ABOUT FRIED CHICKEN.

WE HAVE 20 FRIED CHICKEN RESTAURANTS IN A HALF, A SQUARE MILE RADIUS OF US.

SO WE DON'T SEE, EXCUSE ME, SORRY.

I'M GOING TO KEEP GOING, I THINK.

OKAY.

UM, SO , I'M GONNA KEEP GOING.

UM, SO WE DON'T THINK THAT THIS ADDS SUBSTANTIALLY TO OUR NEIGHBORHOOD AND AS SO MANY OF MY NEIGHBORS HAVE RIGHTFULLY POINTED OUT, WE DO THINK THAT IT WOULD NEGATIVELY IMPACT OUR, UM, QUALITY OF LIFE.

AND AS THE APPLICANT ALSO BROUGHT UP, THERE ARE RESTAURANTS NEARBY THAT HAVE SIMILAR SITES AND SOUNDS, BUT AS MY PHONE NEIGHBORS BROUGHT UP, WE HEAR THOSE ALREADY.

AND SO A RESTAURANT EVEN CLOSER, WE IMAGINE IT WOULD BE ONLY WORSE.

SO I STRONGLY OPPOSE THE REMOVAL OF THE RESTAURANT RESTRICTION.

UM, AND THANK YOU GUYS FOR YOUR TIME.

OKAY.

THANK YOU THEN MO MAGGIE LONG HOUR AND THEN HAZES RODRIGUEZ, MCGEE.

LANGA MAGGIE LONG HOUR.

ARE YOU THERE? HELLO, MAGGIE.

CAN YOU HEAR ME? YES.

HELLO? OKAY.

OH, THANK YOU FOR HEARING US OUT.

UM, MY NAME IS MAGGIE

[00:35:01]

LONG HOUR AND I ALSO LIVE ON FEIGIN CIRCLE.

UM, AS MY NEIGHBORS HAVE BEEN SAYING WITH ALL THE CONCERNS THAT WE HAVE WITH THE REZONING FOR RESTAURANT USES, UM, I WOULD JUST HAVE TO SAY, I AGREE WITH MY NEIGHBORS AND I'M JUST HERE TO OPPOSE, UM, THEY USED TO HAVE RESTAURANTS AND THE ZONING, SO THANK YOU FOR HEARING US OUT.

OKAY.

THANK YOU.

AND THEN OUR LAST SPEAKER SIGNED UP IS HAYES'S RODRIGUEZ.

ARE YOU HERE? AND YOU WILL HAVE THREE MINUTES.

.

HELLO? IS THIS RODRIGUEZ? HELLO? CAN YOU HEAR ME OKAY? YES.

OKAY.

UH, MY NAME IS RODRIGUEZ.

I ALSO LIVE HERE ON, UM, BIKING CIRCLE AND, UM, I AM NOT AS CLOSE AS OTHER OF MY NEIGHBORS TO THIS, UM, TO THIS, UH, PLAN THAT IS GOING ON.

UM, I WANT TO BRING OUT, UM, YOU KNOW, VOICE POLLUTION THAT IS GOING TO AFFECT MY JUST E UH, NEIGHBORS RIGHT BEHIND THE RESTAURANT, BUT MORE OR LESS DOWN, DOWN THE LINE, UM, AND BASIS LIGHTING THAT THESE RESTAURANTS DO BRING, UM, AND, UH, TOGETHER WITH A GARBAGE AND, YOU KNOW, TRASH BREAD.

UH, WE HAVE BEAUTIFUL BACKUP BACKYARDS HERE WHERE, UM, YOU KNOW, WE HAVE OUR KIDS SEE LIGHT BUGS AT NIGHT, YOU KNOW, THOSE WILL GO AWAY EVENTUALLY.

AND, UM, WE JUST MOVED HERE.

THIS WAS ONE OF THE MAJOR, UH, UH, POINTS WHY WE DECIDED TO BUY, UH, OUR HOUSE, YOU KNOW, UM, IT WAS THE BACKYARD THAT WE HAVE NOW, LIKE, YES, THEY'RE COOKING FUMES, UH, ALSO GOING TO BRING HEALTH PROBLEMS TO OUR COMMUNITY.

UM, THE DOS ODORS, YOU KNOW, WE CAN SMELL IT CHICK FILET, THAT'S A CROSS SLAUGHTER.

SO I CANNOT IMAGINE HOW STRONG HE SMELLS.

AREN'T GOING TO BE FROM, YOU KNOW, FROM, UH, ACROSS OUR BACKYARD.

NOW MY, UM, MY MAIN THING HERE, UM, I WANT TO MAKE EVERYBODY THINK IT'S, YOU KNOW, I'M NOT AS CLOSE AS SOME OF MY NEIGHBORS ARE TO THIS, THIS PLAN.

BUT MY QUESTION IS TO ALL, TO ALL, ALL OF US, INCLUDING, UH, THE COMMISSION, INCLUDING THE PEOPLE WHO ARE NOT OPEN, YOU KNOW, WHO ARE PART OF THIS PROPOSAL, I WANT TO ASK EVERYBODY ELSE, HOW WILL YOU FEEL AS THIS WAS BUILT BEHIND YOUR BACKYARD? HOW WILL YOU, HOW WILL YOU, UM, FEEL F YOU KNOW, THIS WAS YOU AND IN THEIR SHOES.

AND THIS IS WHY I GOT INTO THIS CALL BECAUSE I WANT, I'M HERE TO SUPPORT MY NEIGHBORS.

I'M HERE TO SUPPORT MY NEIGHBORHOOD.

AND I'M HERE TO ASK YOU THE QUESTION, UH, HOW WILL YOU LIKE IT TO HAVE THIS RESTAURANT BEHIND YOUR HOUSE NOW? AND I BELIEVE THEIR SEVERITY OF WHAT THEY GOT INTO THIS CALL, BUT IF WE GOT ALL OF OUR COMMUNITY IN OUR ENTIRE NEIGHBORHOOD, I BELIEVE THAT THEY WILL SUPPORT US WITH HIS DEFICIENT, UH, TO, YOU KNOW, NOT CHANGE THIS ON FOR THIS.

AND THAT IS IT FOR ME.

HI.

UM, THANK YOU VERY MUCH.

AND I'M SORRY, GETTING A, CAN YOU JUST PICK IT UP? SO, OKAY.

THAT IS OUR LAST SPEAKER, AND I APOLOGIZE FOR THE BACKGROUND NOISE HERE AND A VERY SMALL HOUSE.

AND SO, UM, NOW THE APPLICANT WILL HAVE, I BELIEVE IT'S THREE MINUTES TO RESPOND.

SO NICOLE, ARE YOU THERE? KAREN NICKEL? I AM AT CAL MEET AGAIN.

UM, YOU KNOW, I JUST WANT TO REITERATE THAT LISTENING TO THE COMMENTS.

I THINK THAT THERE IS A BELIEF OR MISUNDERSTANDING THAT WE'RE TALKING ABOUT THE SAME TRACT OF LAND THAT WAS ADDRESSED IN 2007, IF NOT THE SAME TRACT OF LAND SINCE THAT TIME, THE TRACT HAS BEEN SUBDIVIDED.

AND WE ARE TALKING ABOUT THE TRACK THAT IS NOT IN FACT, IN THE BACKYARDS OF THE RESIDENTS AT PARK RIDGE, THIS, THERE IS A DEVELOPMENT PLANNED FOR THE TRACK THAT IS ADJACENT TO PARK RIDGE, BUT IT'S A COMPLETELY DIFFERENT DEVELOPMENT.

IT'S A RETAIL DEVELOPMENT THAT A SITE PLAN WAS RECENTLY DONE FOR.

WE ARE 240 FEET AWAY FROM PARK RIDGE.

AND IN FACT, ONE OF THE NEIGHBORS, UM, ONE OF THE SPEAKERS POINTED OUT THAT WE WOULD

[00:40:01]

BE CLOSER THAN ANY OTHER RESTAURANT IN THE VICINITY.

THAT WOULD BE TRUE IF WE WERE STILL TALKING ABOUT THE TRACK THAT WE WERE TALKING ABOUT IN 2007 TODAY, THERE ARE TWO OR THREE, I'M LOOKING AT A MAP RESTAURANTS THAT ARE LESS THAN 110 FEET FROM PARK RIDGE.

WHEREAS OUR PROPERTY BOUNDARY WOULD BE 240.

AND I JUST WANT THE COMMISSION TO CONSIDER THAT IN THE ENTIRE RECORD THAT WE FOUND OF THE DEAL THAT BETTY BAKER NEGOTIATED OR OVERSAW, THERE WAS NOT ONE REFERENCE TO PLANNING PRINCIPLES THAT WOULD HAVE SUPPORTED THE PROHIBITION OF RESTAURANT USE ON THIS SITE.

AND IN FACT, THIS IS THE ONLY SITE THAT WE FOUND ANYWHERE IN THE VICINITY WHERE A RESTAURANT USE WOULD BE PROHIBITED.

SO WE ASK THE COMMISSION TO CONSIDER THAT WE'RE TALKING ABOUT A DIFFERENT TRACT TO CONSIDER THAT THERE IS A CONSIDERABLE DISTANCE BETWEEN PARK RIDGE.

WE ARE NOT ASKING TO PUT THIS RESTAURANT USE IN THE BACKYARDS OF THE FOLKS WHO FOUGHT HARD TO PUT THAT RESTRICTION IN PLACE.

AND THEN ALSO CONSIDER, I THINK THAT IN YOUR BACKUP IS THE RESTRICTIVE COVENANT THAT WE'RE NOT ASKING TO AMEND, WHICH ABSOLUTELY ADDRESSES ITEMS LIKE LIGHTING, WHICH CAN NOT BE MORE THAN 20 FEET IN HEIGHT, LIKE PLACEMENT OF DUMPSTERS AWAY FROM RESIDENCES AWAY FROM PROPERTY LINES, WHICH SPEAK TO HOURS FOR DELIVERY AND THINGS OF THAT NATURE.

SO THIS SITE IS SO HEAVILY RESTRICTED THAT THE, THE CONCERN, EVERY CONCERN THAT WE'VE HEARD WILL BE ADDRESSED.

AND I THINK ONE OF THE SPEAKERS SAID, WELL, WE DON'T HAVE TO COMPLY WITH IT.

WELL, WE DO HAVE TO COMPLY WITH IT.

WE HAVE TO COMPLY WITH ALL OF IT.

SO WE WOULD ASK THE COMMISSION TO, UM, REALLY LOOK AT THE PLANNING PRINCIPLES AND LOOK AT WHETHER THERE THERE'S A PLANNING REASON WHY A RESTAURANT IS NOT AN APPROPRIATE USE OF THIS SITE.

UM, AND, AND AGAIN, JUST REALLY LOOK AT THE FACT THAT THIS IS NOT THE SITE THAT ABUTTED SINGLE FAMILY RESIDENTIAL, WHEN EVERYONE LOOKED AT THIS IN 2007, AND I'M HERE STILL REMAINING ON THE LINE TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU.

OKAY.

DO WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING MOTION BY COMMISSIONER DUNCAN, SECONDED BY COMMISSIONER EVANS? HEY, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE RAISE YOUR HAND UNANIMOUS.

AND NOW, UM, FIRST QUESTION'S MOTIONS, WHATEVER Y'ALL WANT TO SAY.

AND DON'T ALL SPEAK AT ONCE.

OKAY.

COMMISSIONER SMITH.

UM, THIS IS A TOUGH ONE, UH, BECAUSE WHOEVER OWNS THE PROPERTY AT THIS POINT, BOUGHT IT, KNOWING THAT THERE WAS A RESTRICTION ON THE, IN RESTAURANTS AT THE SAME TIME.

THIS IS NOT THE TRACK THAT THEY DO.

THE RESIDENT THAT'S BACK 40 FEET.

AND I THINK SEVERAL SPEAKERS TALK ABOUT HOW THIS SITS ABOVE THEIR PROPERTY.

IT ACTUALLY DOESN'T TAKE BELOW THEIR PROPERTY.

UM, AND EVERYTHING HERE GRINDED DOWN TO HIGH 35.

UM, I THINK THERE IS SOME MISCOMMUNICATION AMONG SOME OF THE RESIDENTS ABOUT WHAT WE'RE ACTUALLY DONATING AND HOW THIS PIECE OF PROPERTY THERE.

BUT SAME TIME THERE IS A RESTRICTION.

NOT MUCH IT'S, HEY, WHAT'S UP.

IT'S A TOUGH ONE.

I'M NOT SURE WHERE I'VE HAD ON, ON THIS ONE.

UM, I TEND TO AGREE WITH THE APPLICANT THAT THE, THERE ARE SETBACKS IN THE AGREEMENT THAT ARE STILL GOING TO BE IN EFFECT.

THE LIGHTING IS STILL GOING TO MAKE THE CALL.

THE REGULATIONS ARE STILL GOING TO BE EFFECTIVE, WOULD AFFECT A RESTAURANT, NO MATTER WHAT GETS BUILT THERE, YOU'RE GOING TO HAVE DUMPSTERS AND I HAVE LIGHTING.

YOU'RE GOING TO HAVE PARKING.

NOTHING'S GOING TO GET BUILT.

THEY'RE JUST GOING TO HAVE ALL THOSE ISSUES ASSOCIATED WITH IT.

AND THAT'S WHY THE DEVELOPMENT SPECIFICALLY ADDRESS THOSE ISSUES.

SO THAT'S KIND OF WHERE I'M AT WITH THE HAPPIEST, NOT A HUNDRED PERCENT CERTAINTY.

OKAY.

OKAY.

NADIA, UH, RAMIREZ, I MEAN, FROM MY PERSPECTIVE, WHAT THE NEIGHBORHOOD IS SAYING IS THAT THIS WOULD BE A NEW SENSE, RIGHT? THE SMELLS AND THE SIGHTS AND ALL THOSE THINGS WOULD BE A NUISANCE.

BUT WHAT I'M REALLY STRUGGLING WITH IS THAT THEY HAVE A, WENDY'S NOT 250 FEET AWAY FROM THEIR HOUSES TODAY.

SO, YOU KNOW, IT'S WITHIN EXISTING USES, IT'S ON A MAJOR ARTERIAL ROADWAY.

I UNDERSTAND THAT THERE'S SOME CONCERN ABOUT COLON ROAD AND TRANSPORTATION ISSUES AND SAFETY.

AND IT SOUNDS LIKE TRANSPORTATION DEPARTMENT HAS SIGNED OFF.

UM, I'M JUST REALLY STRUGGLING WITH IT.

YOU KNOW, IN PLANNING WE THINK ABOUT PUTTING, LIKE, WITH LIKE, AND THERE'S AS SHE MET, I MEAN, ONE OF THE SPEAKERS SAID THERE'S 20 CHICKEN RESTAURANTS IN THE VICINITY.

MAYBE PEOPLE LIKE TO EAT AT CHICKEN RESTAURANTS, AND I KNOW YOU CAN'T DISCRIMINATE AGAINST WHAT PEOPLE LIKE

[00:45:01]

TO EAT.

AND WE HAVE TO JUST LOOK AT IT FROM THAT PERSPECTIVE.

I AM STRUGGLING WITH THE RESTRICTED COVENANT PART BECAUSE THERE THAT'S A PRETTY, YOU KNOW, THAT RUNS WITH THE LAND OVER TIME.

AND IT'S REALLY HARD TO REMOVE THOSE, UM, THOSE PARTS OF THOSE DOCUMENT, ANYTHING FROM THOSE DOCUMENTS.

SO, I MEAN, I THINK THE NEIGHBORHOOD DID GO THROUGH A SUBSTANTIAL PROCESS AND, UH, WHAT IS IT? WE'RE LIKE 13 YEARS LATER LOOKING AT IT AGAIN.

SO I'M, THAT'S, I'M ALSO FEELING, UH, A CHALLENGED COMMISSIONER KING AND THEN COMMISSIONER BRAY.

THANK YOU CHAIR.

AND I SHARE MANY OF THE SAME COMMENTS.

I'VE JUST HEARD FROM THE TWO PREVIOUS COMMISSIONERS ON THIS CASE, BUT YOU KNOW, THIS, THIS, THIS REMINDS ME THAT THIS AREA IS LOCATED IN A, UH, A TOWN CENTER.

I BELIEVE IT'S THE SOUTH PARK, UH, TOWN CENTER, UH, SOUTH PARK MEADOWS TOWN CENTER.

AND, UM, YOU KNOW, THIS, WE DON'T REALLY HAVE A PLAN, A SMALLER AREA PLAN FOR THIS AREA YET, OR FOR ANY OF OUR OTHER TOWN CENTERS, AS FAR AS I KNOW, OR EVEN OUR REGIONAL CENTERS.

SO I THINK THIS, THAT WHAT WE'RE DEALING WITH ARE SYMPTOMS OF THE LACK OF SMALL AREA PLANNING AND EVERY ZONING CASE THAT COMES THROUGH FROM THIS AREA BECOMES A ONE OFF BECAUSE THERE'S NO PLAN FOR THEM TO RELY ON EXCEPT A HIGH LEVEL STATEMENT ABOUT WHAT SHOULD BE IN A TOWN CENTER GENERALLY.

AND SO, AND IN THIS CASE, THEN THE FOLKS WHO BOUGHT THEIR PROPERTY, THEY'RE THE RESIDENTS, THEY DEPENDENT ON THIS RESTRICTION IN, IN, IN, IN PURCHASING THEIR PROPERTY.

AND NOW IT'S SORT OF LIKE THE RUG IS BEING JERKED OUT FROM UNDER THEM.

AND THERE'S NO PLAN THAT JUSTIFIES THIS.

THERE'S NO PLANNING PROCESS THAT THEY'VE BEEN ABLE TO GO THROUGH TO JUSTIFY THIS CHANGE THAT, YOU KNOW, THAT WILL NEGATIVELY IMPACT THEM.

SO I, YOU KNOW, AND, AND, AND THIS IS ONLY CASE WOULD BECOME A PRECEDENT FOR THE NEXT ZONING CASE ADJACENT TO THIS OR NEARBY, OH, YOU GOT THIS, THEY GOT THEIR ZONING APPROVED.

WHY CAN'T WE HAVE OURS? SO I JUST, I, I'M VERY UNCOMFORTABLE WITH PROVING THESE ONE OBS OWNING CASES SIMPLY BECAUSE WE, WE DON'T HAVE A SMALL AREA PLANNING PROCESS AND THERE'S NO COMMITMENT APPARENTLY FROM THE CITY TO DO THAT.

SO I'M, I'M STRUGGLING TO SUPPORT THIS, THIS REQUEST, EVEN THOUGH I UNDERSTAND THAT, THAT, YOU KNOW, THE SITE NEEDS TO BE DEVELOPED AND I, THAT WE NEED A VARIETY OF DIFFERENT FOODS AND PEOPLE SHOULD HAVE CHOICES AND OPTIONS, AND WE CAN DISCRIMINATE.

WE SHOULDN'T, I BELIEVE IN ALL OF THAT.

SO I'M STRUGGLING TO THANK YOU, COMMISSIONER BRAY, AND THEN, AND THEN, UH, COMMISSIONER DUNCAN, UM, I GUESS THE QUESTION FOR STEPH, UM, IS THERE A GENERAL GUIDELINE FOR HOW FAR RESTAURANTS SHOULD BE FROM RESIDENTIAL PROPERTIES? I'M TRYING TO WRAP MY HEAD AROUND, LIKE, IS THAT 200 FEET, YOU KNOW, IS THAT A NORMAL AMOUNT OR IS THAT THAT'S THE NORMALLY BIGGER, MORE THAN WE WOULD NORMALLY DO? HELLO? THIS IS WENDY ROSE.

UH, WE DO HAVE COMPATIBILITY STANDARDS, BUT, BUT NOT BETWEEN RESTAURANTS AND SINGLE FAMILY, OTHER, OTHER THAN WHAT WOULD BE APPLIED BY COMPATIBILITY STANDARDS.

HELLO.

OKAY.

THANK YOU.

UM, OKAY.

DOES THAT ANSWER YOUR QUESTION, COMMISSIONER BRAY? UH, YEAH, AND I MEAN, IT WAS SOMEONE ELSE THAT HAS ANY OTHER, UM, INFORMATION ABOUT THAT.

WELL, WHAT IS THE, IS THERE, IS THERE A STANDARD DISTANCE OR I GUESS THAT WAS, THAT WAS WHAT I THOUGHT IT WAS.

QUESTION WAS JUST, IT HAS TO BE COMPATIBLE JUST WITH LIGHTING AND VEGETATION AND THAT KIND OF STUFF, WENDY.

YEAH.

UH, YES.

AND, AND THERE ARE, I MEAN, THERE ARE PROVISIONS IN THE ORDINANCE AND THE 2007 ORDINANCE THAT ACTUALLY GO, GO BEYOND COMPATIBILITY IN TERMS OF THE 50 FOOT VEGETATIVE BUFFER THAT'S ALONG THE WEST PROPERTY LINE.

OF COURSE, THIS, THIS ZONING AREA ORIGINALLY COMPRISED ABOUT FIVE AND A HALF ACRES.

THIS IS A 1.27, THREE ACRES.

THAT'S ON THE EASTERN SIDE OF THE ORIGINAL ZONING AREA.

SO SOME OF THESE, UM, YES, THERE ARE COMPATIBILITY STANDARDS THAT DO APPLY HERE, BUT THE RESTRICTIONS THAT ARE IN THE ORDINANCE AND, AND THAT ARE IN THE PUBLIC RESTRICTIVE COVENANT, I THINK ARE MORE RESTRICTIVE.

OKAY.

THANK YOU, COMMISSIONER DUNCAN.

FIRST OF ALL, A LATER WE'RE GOING TO BE TALKING ABOUT USING THIS DEVICE, BUT I PUT TOGETHER MY APPLICATION PARTICULAR PROPERTY.

LET ME SEE IF I CAN

[00:50:01]

SHARE IT HERE.

MMM.

WELL, THAT'S ALL THAT COULD ANYHOW, LET ME, OH, ALL IT SHOWED WAS, UM, I'VE STRUGGLED WITH, I GUESS I'VE, I, YOU CAN'T SEE THIS, BUT I PUT TOGETHER A MAP OF THE WHOLE AREA.

AND I ALSO ASKED WHAT WAS GOING TO HAPPEN, UH, IN THAT TWILIGHT ZONE OF 240 FEET BETWEEN THIS PROPERTY, WHICH HAS BEEN CARVED OUT OF THE ORIGINAL PROPERTY, WHICH WAS SUBJECT TO THE 2007 RESTRICTIVE COVENANT.

AND ALL OF IT WAS, I'M NOT SAYING THIS WASN'T, BUT WHEN I FIRST LOOKED AT THIS PROPERTY, MY FIRST INSTINCT, CAUSE I'M GOING TO TALK FROM A PLANNING POINT OF VIEW FIRST.

AND WE, YOU GET TO THE LEGAL, WHICH I THINK IS IMPORTANT.

AND MY COLLEAGUES HAVE TALKED ABOUT THE RESTRICTIVE COVENANT, BUT I'M NOT A LAWYER.

I LOOK TO THE HEAVILY VEGETATED AREA BETWEEN THIS SITE AND THE HOMES.

UH, AND I WAS DELIGHTED TO SAY THAT THE CEO DID TAKE THAT INTO CONSIDERATION AND NOT ONLY REQUIRED A 40 FOOT BUFFER, IT HAS TO RETAIN NATURAL.

IN OTHER WORDS, THOSE TREES CANNOT BE LEVEL.

YOU CAN HOLD A BUMPER, A PARKING LOT.

OKAY.

WHICH I THINK IS WHAT'S IMPORTANT.

THE SECOND THING I WANTED TO KNOW WAS WHAT'S GOING TO HAPPEN ON THAT 240 ACRES, EVEN THOUGH THAT'S NOT SUBJECT TO TONIGHT, IT AFFECTS MATT.

AND I DID HAVE THE APPLICANTS SEND ME A COPY OF THE ENDED OF SITE PLAN, WHICH STAFF CAN TELL ME IF THIS IS WRONG, LET'S SAY IT HAS BEEN APPROVED, WHICH SHOWS A W I W I REALLY WISH MAYBE LATER WE'LL TALK ABOUT THIS FROM THE PAST.

WE CAN, YOU CAN'T SEE THAT.

I DON'T THINK, BUT THERE'S A LITTLE RED DOT CAN ANYBODY, MAYBE YOU CAN, UH, THERE'S A RED SQUARE IN THE MIDDLE OF THAT SITE THERE.

THAT IS THE FOOTPRINT OF THE BUILDING IS GOING TO BE, UH, ADJACENT TOOL.

THE OTHER PART I LOOKED AT WAS ACCESS.

CAUSE WE ALL LOOK AT THAT, UH, BECAUSE OF THIS BEING SO CLOSE TO THE INTERSECTION, I FOUND OUT THAT THEY'RE GOING TO BE DENIED ACCESS TO SLAUGHTER AND THEY HAVE TO HAVE ALL THAT STRESS OFF OF THEM, UH, THAT WILL NOT IMPEDE THE TRAFFIC AS FAR AS THE FAST FOOD RESTAURANTS.

UH, I DON'T THINK I'VE EVER SEEN ANY STANDARDS LIKE DAYCARE AND SCHOOLS ON DISTANCE AND CHURCHES AND ALL THAT.

I WILL SAY THAT THIS WAS PROBABLY GOT THE BIGGEST PROLIFERATION OF FAST FOOD RESTAURANTS I'VE EVER SEEN AN AUSTIN AROUND HERE.

IT'S NOT ONLY THE WENDY'S ACROSS THE STREET, BUT AT THE TIME AT ABOUT SEVEN OR EIGHT WITH A THOUSAND FEET, UH, ACTUALLY RIGHT ACROSS FROM THIS CHICK FILET, OF COURSE, THIS WILL SOLVE THE NEVER OWN SUNDAY ISSUE.

UH, BUT THAT'S STILL NOT, UH, A REASON TO CREDIT, UH, NOT TRYING TO BE FACETIOUS.

UH, I'M HAVING, I'M HAVING SOME KIND OF POINT OF VIEW, UH, HAVING TROUBLE DENYING THIS.

HOWEVER, LIKE MY COLLEAGUES HAVE SAID, I ALSO HAVE A TROUBLE, HAVE TROUBLE AND IGNORING THE RULE OF LAW AND RESTRICTIVE COVENANT WAS IMPOSED ON IT.

WHETHER I THINK THAT THAT WAS A VALID RETAINING PERTAINING TO THIS PARTICULAR PIECE OF PROPERTY IS ANOTHER ISSUE.

I'M NOT SURE A LOT OF THE NEIGHBORS ACTUALLY REALIZE THAT, UH, I THEN LISTENING TO THEM AND I LISTENED VERY CAREFULLY.

I THINK A LOT OF THEM FEEL SOMETHING'S GOING TO HAPPEN RIGHT IN THEIR BACK DOOR AND THAT'S NOT GOING TO HAPPEN.

I MEAN, THERE'S 243 PROPERLY, 40 FOOT OF THAT IS GOING TO BE REMAINING TREES THAT ARE THERE NOW, WHICH ARE THE LIGHT BULB PEOPLE HAVE.

UH, SO THAT'S MY DILEMMA.

I DON'T HAVE A PROBLEM WITH THE REQUEST.

I HAVE A PROBLEM WITH THE FACT OF THE RESTRICTIVE COVENANT, JUST LIKE A COMMISSIONERS, UH, SMITH NEVER BOUGHT A HILL.

SHE HAS MENTIONED.

SO THAT'S MY TWO BITS.

THANK YOU.

OKAY.

THANK YOU ALL SPEAK UP BECAUSE WE DO IN MY NEIGHBORHOOD, THERE WAS A INFAMOUS, UH, FOREVER, UH, DRIVE THROUGH WITH A SQUAWK BOX.

I MEAN, AND IT'S, IT'S, IT'S BEEN THERE, UM, IN ONE FORM OR ANOTHER SINCE BEFORE I'VE BEEN HERE AND IT HAS CAUSED PROBLEMS AND THE APPLICANT, DO YOU KNOW THAT I'VE BEEN STRUGGLING WITH THIS, BUT THEN I DIDN'T SEE THE PROLIFERATION OF THE FAST FOOD RESTAURANTS TOO, BUT I DO COME BACK TO THE, THE FACT THAT THEY DIDN'T NEGOTIATE A FEW YEARS AGO ON THIS.

AND ALSO I KNOW THAT IT, THAT DRIVE THROUGHS IN A NEIGHBORHOOD AND IT'S NOT JUST PROXIMITY.

IT'S, I MEAN, IT'S MORE THAN PROXIMITY.

IT'S UNFORTUNATELY TOPOGRAPHY AND WHICH WAY THE WIND BLOWS.

SO YOU CAN SMELL THE FOOD.

AND I EVEN TOLD MICAH KING ABOUT ANOTHER RESTAURANT WHERE

[00:55:01]

PEOPLE CROSS THE STREET BECAUSE THE FOOD JUST WILL SMELL SO BAD.

UM, AND SO LIVING, HAVING LIVED WITH THOSE ISSUES, I DO SYMPATHIZE WITH THE NEIGHBORS AND I ACTUALLY UNDERSTOOD, AND I HAD ASKED THE APPLICANT, CAUSE I HADN'T READ IT AT FIRST THAT IT WAS GOING TO BE A DRIVE THROUGH.

CAUSE I THINK A REGULAR RESTAURANT IS A LOT, IS A LOT LESS INTRUSIVE THAN A DRIVE THROUGH RESTAURANT, ESPECIALLY CAUSE THERE HAVE BEEN ACCIDENTS ON LAMAR WITH THIS ONE RESTAURANT IN MY NEIGHBORHOOD BECAUSE PEOPLE ARE LINED UP AND ESPECIALLY DURING COVID WHERE THERE HAS BEEN 20 CARS WHERE THERE'S ONLY PLACES FOR LIKE EIGHT CARS TO LINE UP.

SO THAT'S MY LONG PIECE.

AND I DO, I DO THINK, WELL, THE NEIGHBORS WERE REALLY GOOD TO DONATE SOMETHING WITH BETTY BAKER TAKING THE LEAD.

SO I'M LEANING TOWARDS A DENYING THIS HMM.

UH, COMMISSIONER GARY.

UM, MOST OF Y'ALL IN REGARDS TO THE RESTRICTIVE COVENANT.

I THINK THAT'S A PRETTY IMPORTANT DOCUMENT.

AND AGAIN, THE APPLICANT OR WHOEVER BUYS THAT PROPERTY, THEY KNOW WHAT'S TIED TO THAT PROPERTY AND IT'S YEAH.

I THINK IT'S SOMETHING THAT NEEDS TO BE, YOU KNOW, REALLY MMM.

MOSTLY LOOKED AT AND I'M NOT JUST OVERLOOKED AND DISMISSED, BUT I THINK IN MERITS CONSIDERATION, STRONG CONSIDERATION.

OKAY.

AND DOES SOMEBODY WANT TO, UH, DID SOMEBODY WANT TO MAKE A MOTION OR MMM.

AND COMMISSIONER KING, SO TO GET THE BALL ROLLING HERE, I'LL MAKE A MOTION TO DENY THE REQUEST, BUT, BUT YOU KNOW, I STRUGGLE WITH THIS.

I DON'T, I DON'T REALLY WANT TO DENY AN OPPORTUNITY TO DEVELOP THIS LOCATION.

I AGREE WITH OTHER SPEAKERS, OTHER COMMISSIONERS DENIED SAYING THAT THEY, UH, YOU KNOW, YOU KNOW, WE NEED THAT THIS AREA NEEDS TO BE, YOU KNOW, THIS, THIS SITE, YOU KNOW, SHOULD BE DEVELOPED AND, AND WILL BE DEVELOPED, YOU KNOW, AND YOU KNOW, I DON'T WANT TO PICK ON CHICKEN RESTAURANTS OR ANYTHING LIKE THAT.

YOU KNOW, I LIKE CHICKEN, YOU KNOW, SO YOU KNOW, IT PERSONALLY, BUT, BUT I DO UNDERSTAND, YOU KNOW, MY MAIN CONCERN IS WITH THE, UH, CONDITIONAL OVERLAY THAT THEY, THAT THE NEIGHBORHOOD RELIED ON AND ALSO THE LACK OF ANY PLANNING SPECIFIC TO THIS AREA.

AND, AND AGAIN, I THINK THAT IF WE DID HAVE A PLANNING PROCESS THAT, THAT THAT'S WHERE CHANGE COULD BE DISCUSSED AND NEIGHBORS COULD TALK ABOUT Y'ALL THIS SIDE.

NOW IT'S TIME TO CHANGE.

IT'S TIME FOR SOMETHING ELSE TO GO THERE.

AND YES, WE WOULD SUPPORT THAT.

AND YOU CAN GO THROUGH, YOU CAN DO THOSE KIND OF PROS AND CONS AND NEGOTIATIONS DURING A, UH, A SMALL AREA PLANNING PROCESS.

AND THAT'S WHAT WE NEED IN THIS AREA.

SO I'M HOPEFUL THAT WE CAN GET THE RESOURCES TO START THE PLANNING PROCESS.

CAUSE I THINK IT WOULD HELP ADDRESS A LOT OF THESE ISSUES AND THEY WOULDN'T EVER COME TO OUR COMMISSION.

THEY COULD BE WORKED OUT IN THE PLANNING PROCESS.

SO ANYWAY, I'M GOING TO MAKE A MOTION THAT WE DENY IT, THIS, THIS, UM, UM, THIS REQUEST BECAUSE, UM, YOU KNOW, I AGREE WITH THE NEIGHBORS ON THE, YOU KNOW, UH, HOLDING, UH, PRESERVING THE, THE CON THE CONDITIONAL LOADER.

OKAY.

MOTION BY COMMISSIONER KING.

IS THERE A SECOND TO DENY THE REQUEST? AH, NO SECOND AT ALL.

OKAY.

THE COMMISSIONER, UH, VICE CHAIR.

BERRERA RAMIREZ.

I, SORRY, I HAVE A QUESTION.

A CLARIFYING QUESTION.

IS IT OKAY TO EVANS? OKAY.

UM, THE RESTRICTED COVENANT THAT'S THERE TODAY RUNS WITH THE WHOLE PIECE OF PROPERTY, EVEN THOUGH THE PROPERTY HAS SINCE BEEN SUBDIVIDED.

YES, THAT'S CORRECT.

THIS IS WENDY ROSE.

AND I DO WANT TO BE CLEAR THAT THAT, UH, RESTRICTIVE COVENANT, UH, THAT APPLIES TO THIS THE WHOLE FIVE AND A HALF ACRES THAT WAS ORIGINALLY ZONED IN 19 AND 2007, THAT IS NOT CHANGING.

THAT IS REMAINING AS IS THERE'S NO AMENDMENT IN PROCESS OR TERMINATION OF IT.

IT REMAINS IN PLACE.

AND SO OUR VOTING TO, UM, REMOVE ITEMS FROM THAT RESTRICTIVE COVENANT IS LEGAL.

IT'S SOMETHING THAT WE CAN DO.

CAUSE FOR SOME REASON I THOUGHT THAT IT WAS, NO, THIS IS, THIS IS, THIS IS THE ZONING CASE.

IT'S JUST TO AMEND THE CONDITIONAL OVERLAY.

I SEE, I SEE TO REMOVE THE TWO USES SUCH THAT THEY WOULD BE PERMITTED RESTAURANT GENERAL AND RESTAURANT LIMITED, BUT THEY'RE RESTRICTED PUBLIC RESTRICTIVE CABINET THAT DEALS WITH DUMPSTERS

[01:00:01]

AND LIGHTINGS.

AND THAT'S ALL THAT IS REMAINING WILL REMAIN INTACT ON THIS PROPERTY.

OH, I SEE.

OKAY.

OKAY.

COMMISSIONER EVANS.

AND I'M GLAD THAT POINT GOT CLARIFIED OR TALKING ABOUT REMOVING IS A CONDITIONAL OVERLAY.

WE'RE NOT DOING ANYTHING WITH THE RESTRICTIVE COVENANT ON THE SITE.

AND, UH, I SHARE A LOT OF THE FEELINGS THAT THESE PEOPLE HAVE GONE THROUGH SOMETHING.

THEY WENT THROUGH IT A LONG TIME AGO.

UH, GOT A CONDITIONAL OVERLAY PUT INTO PLACE, WHICH BASICALLY DID AWAY WITH ALMOST ANY USE THAT YOU COULD COME UP WITH IF YOU, IF YOU READ THROUGH THAT LIST.

AND I, I'M JUST, UH, I THINK YOU ALL KNOW PRETTY WELL, WHEREAS FAM ON COMMISSION ON THE CONDITIONAL OVERLAY ASPECT, I THINK WE SHOULD DO ZONING AND APPLY THE ZONING, UH, AS IT STATES IN OUR CODE, WITHOUT TRYING TO SEE HOW MANY THINGS WE CAN CUT OUT.

I APPRECIATE, UH, COMMISSIONER DUNKIN'S COMMENT FROM A PLANNING PERSPECTIVE THAT THIS IS A REASONABLE USE WITHIN THAT, THAT AREA.

AND