1 00:00:00,000 --> 00:00:02,360 - Thank you everyone. 2 00:00:02,360 --> 00:00:03,560 Are we ready to begin? 3 00:00:03,560 --> 00:00:07,360 Okay, I don't need this. 4 00:00:07,360 --> 00:00:09,760 Okay, so, good evening everyone. 5 00:00:09,760 --> 00:00:10,920 My name is Amber Brighill. 6 00:00:10,920 --> 00:00:13,680 I'm the chair of the zoning board of adjustments. 7 00:00:13,680 --> 00:00:15,680 There's a lot of reading because what we have 8 00:00:15,680 --> 00:00:17,160 in front of us is a really big deal. 9 00:00:17,160 --> 00:00:18,860 So I'm just gonna read. 10 00:00:18,860 --> 00:00:22,440 So, actually, let me call this meeting to order. 11 00:00:22,440 --> 00:00:26,160 Actually, at 534 we do have a quorum present 12 00:00:26,160 --> 00:00:28,840 and the date is May 16th, 2022. 13 00:00:30,360 --> 00:00:31,560 I'm just gonna review the format 14 00:00:31,560 --> 00:00:33,000 for the benefit of everyone in attendance. 15 00:00:33,000 --> 00:00:34,620 The board consists of seven regular members 16 00:00:34,620 --> 00:00:36,200 and three alternates. 17 00:00:36,200 --> 00:00:38,000 The members of the zoning board of adjustment 18 00:00:38,000 --> 00:00:39,320 are residents of the city of Denton 19 00:00:39,320 --> 00:00:41,480 and we serve voluntarily and have been appointed 20 00:00:41,480 --> 00:00:43,120 to our position by city council. 21 00:00:43,120 --> 00:00:46,160 It takes six votes to reverse or modify 22 00:00:46,160 --> 00:00:50,240 any determination of an administrative official on appeal. 23 00:00:50,240 --> 00:00:53,400 Anyone wishing to participate may submit a white card 24 00:00:53,400 --> 00:00:55,400 to indicate their position on an item. 25 00:00:55,400 --> 00:00:57,200 People may also make virtual comments 26 00:00:57,200 --> 00:00:59,440 using the e-comment module made available 27 00:00:59,440 --> 00:01:01,300 when the agenda was posted online. 28 00:01:01,300 --> 00:01:03,600 Similar to when someone submits a white card 29 00:01:03,600 --> 00:01:05,040 to indicate their position on an item, 30 00:01:05,040 --> 00:01:08,320 the e-comments will be sent directly to the members of ZVA 31 00:01:08,320 --> 00:01:09,920 and recorded by the secretary. 32 00:01:09,920 --> 00:01:12,400 Comments may be submitted up until the start of the meeting 33 00:01:12,400 --> 00:01:15,760 at which time they will be able to make a comment to post. 34 00:01:15,760 --> 00:01:19,000 People wishing to speak may submit a blue card. 35 00:01:19,000 --> 00:01:21,160 All speakers are to state their name and address 36 00:01:21,160 --> 00:01:23,280 for the record in consideration of our other speakers. 37 00:01:23,280 --> 00:01:24,360 Please keep your comments brief 38 00:01:24,360 --> 00:01:27,480 and only provide information relevant to our agenda items. 39 00:01:27,480 --> 00:01:29,080 After the hearing and board discussion, 40 00:01:29,080 --> 00:01:31,520 a motion will be obtained and we will now commence 41 00:01:31,520 --> 00:01:33,280 with our regularly scheduled agenda. 42 00:01:33,280 --> 00:01:34,720 We do have a quorum present. 43 00:01:34,720 --> 00:01:35,720 I already called the meeting in order, 44 00:01:35,720 --> 00:01:38,960 so the first item is a pledge to the U.S. and Texas allies. 45 00:01:38,960 --> 00:01:40,440 Please rise with your aides. 46 00:01:40,440 --> 00:01:49,040 - I pledge allegiance to the flag 47 00:01:49,040 --> 00:01:51,240 of the United States of America 48 00:01:51,240 --> 00:01:54,020 and to the republic for which it stands, 49 00:01:54,020 --> 00:01:57,360 one nation under God, indivisible, 50 00:01:57,360 --> 00:01:59,740 with liberty and justice for all. 51 00:01:59,740 --> 00:02:04,320 - Honor the Texas flag. 52 00:02:04,320 --> 00:02:08,360 I pledge allegiance to the Texas, one state, 53 00:02:08,360 --> 00:02:11,600 under God, one and indivisible. 54 00:02:11,600 --> 00:02:12,440 - Thank you. 55 00:02:12,440 --> 00:02:18,560 The next item is considering the approval 56 00:02:18,560 --> 00:02:20,800 of the minutes from February 28th. 57 00:02:20,800 --> 00:02:23,040 Everyone's got a copy of the minutes. 58 00:02:23,040 --> 00:02:26,920 Are there any corrections, additions, additions to be made? 59 00:02:27,840 --> 00:02:30,640 - I need a correction in my last name spelling. 60 00:02:30,640 --> 00:02:34,620 It has a C in it, it's F-I-S-C-H-E-R. 61 00:02:34,620 --> 00:02:37,200 These are a couple of things, this is it. 62 00:02:37,200 --> 00:02:38,200 - Thank you. 63 00:02:38,200 --> 00:02:43,440 It was important, thank you. 64 00:02:43,440 --> 00:02:46,600 Any other corrections, or additions, or comments? 65 00:02:46,600 --> 00:02:50,880 Okay, I would entertain a motion. 66 00:02:50,880 --> 00:02:55,880 So, Ms. Lane and Mr. Njaku, you second? 67 00:02:55,880 --> 00:02:57,200 All right, we've got a first and a second. 68 00:02:57,200 --> 00:02:59,200 Any discussion? 69 00:02:59,200 --> 00:03:02,560 All those in favor of approving the minutes, 70 00:03:02,560 --> 00:03:03,600 just raise your hand. 71 00:03:03,600 --> 00:03:07,720 Any, anyone voting against? 72 00:03:07,720 --> 00:03:09,280 Any abstentions? 73 00:03:09,280 --> 00:03:11,280 Motion passes, the minutes are approved. 74 00:03:11,280 --> 00:03:13,680 Okay. 75 00:03:13,680 --> 00:03:23,040 Oh, and the next item is election of the chair 76 00:03:23,040 --> 00:03:25,720 and the vice chair for the zoning board of adjustment. 77 00:03:25,720 --> 00:03:29,200 We've taken nominations, so if anyone would like to nominate 78 00:03:29,200 --> 00:03:31,200 the chair, I'll be happy to hear that now. 79 00:03:31,200 --> 00:03:36,320 - Adam's chair. - Oh, sorry. 80 00:03:36,320 --> 00:03:40,480 - I'll make a nomination of Amber Brickell. 81 00:03:40,480 --> 00:03:42,680 I'll second that. - Thank you. 82 00:03:42,680 --> 00:03:43,520 Thank you. 83 00:03:43,520 --> 00:03:47,280 Any other nominations for chair? 84 00:03:47,280 --> 00:03:52,720 Okay, we've got a first from Ms. Linus 85 00:03:52,720 --> 00:03:55,720 and a second from Mr. Njaku. 86 00:03:55,720 --> 00:03:58,800 All those in favor, raise your hand. 87 00:03:58,800 --> 00:04:00,960 Any opposed? 88 00:04:00,960 --> 00:04:03,960 Any abstentions? 89 00:04:03,960 --> 00:04:06,680 Thank you, I'm happy to serve as your chair again. 90 00:04:06,680 --> 00:04:08,440 We're gonna rinse and repeat for the vice chair. 91 00:04:08,440 --> 00:04:10,880 Are there nominations from the floor for vice chair? 92 00:04:10,880 --> 00:04:15,160 - I nominate Jennifer Lane. 93 00:04:15,160 --> 00:04:17,240 - Okay, we've got a second. 94 00:04:17,240 --> 00:04:18,320 - Thank you very much. 95 00:04:18,320 --> 00:04:21,240 - Yeah, any other nominations? 96 00:04:22,400 --> 00:04:23,680 Okay, all those in favor? 97 00:04:23,680 --> 00:04:27,000 Any opposed? 98 00:04:27,000 --> 00:04:28,240 Any abstained? 99 00:04:28,240 --> 00:04:30,120 Okay, great, thank you. 100 00:04:30,120 --> 00:04:33,560 That was easy, okay, I love voting. 101 00:04:33,560 --> 00:04:38,480 Item 3A is really the big thing why we're here. 102 00:04:38,480 --> 00:04:39,880 So we're gonna hold a public hearing 103 00:04:39,880 --> 00:04:43,040 and consider an appeal of an administrative decision 104 00:04:43,040 --> 00:04:45,120 regarding the interpretation of the definition 105 00:04:45,120 --> 00:04:47,000 of an automated repair shop minor 106 00:04:47,000 --> 00:04:49,840 for a property located at 709 South Elm. 107 00:04:49,840 --> 00:04:51,600 The appellant is Jeff Stark, 108 00:04:51,600 --> 00:04:54,400 representing the owner of John Lither's. 109 00:04:54,400 --> 00:04:55,240 Yep, thank you. 110 00:04:55,240 --> 00:04:59,640 So if you're planning on speaking today, 111 00:04:59,640 --> 00:05:01,440 we have to swear you in. 112 00:05:01,440 --> 00:05:03,400 And that includes city staff too. 113 00:05:03,400 --> 00:05:05,160 So if you're planning on speaking today, 114 00:05:05,160 --> 00:05:08,080 we could just swear you all in all at the same time, 115 00:05:08,080 --> 00:05:09,040 if that's cool. 116 00:05:09,040 --> 00:05:11,640 So if you could stand and raise your right hand. 117 00:05:11,640 --> 00:05:15,200 Thank you, all right. 118 00:05:15,200 --> 00:05:18,440 Under penalty of perjury to all y'all, 119 00:05:18,440 --> 00:05:21,520 swear to affirm that any testimony or information 120 00:05:21,520 --> 00:05:22,960 you provide or any statement you make 121 00:05:22,960 --> 00:05:25,040 before this board is complete, true, 122 00:05:25,040 --> 00:05:27,240 and correct to the best of your knowledge and ability. 123 00:05:27,240 --> 00:05:29,040 If so, please answer I do. 124 00:05:29,040 --> 00:05:30,280 - I do. 125 00:05:30,280 --> 00:05:31,200 - Great, thank you. 126 00:05:31,200 --> 00:05:34,720 Okay, so lots more reading 'cause this is a big deal 127 00:05:34,720 --> 00:05:36,920 and I wanna make sure we all understand what's happening. 128 00:05:36,920 --> 00:05:40,320 So the matter before the board is whether to affirm, 129 00:05:40,320 --> 00:05:43,480 reverse, and hold or impart or amend or modify 130 00:05:43,480 --> 00:05:44,880 a decision or interpretation 131 00:05:44,880 --> 00:05:47,400 made by the administrative official. 132 00:05:47,400 --> 00:05:49,960 Pursuant to DDC section 2.8.6, 133 00:05:49,960 --> 00:05:52,040 the director shall be responsible 134 00:05:52,040 --> 00:05:53,800 for all interpretations related 135 00:05:53,800 --> 00:05:55,600 to whether an unspecified use falls 136 00:05:55,600 --> 00:05:58,440 or new use classification, use category, 137 00:05:58,440 --> 00:06:01,680 or use type allowed in a zoning district. 138 00:06:01,680 --> 00:06:03,720 Since the proposed use, which in this case 139 00:06:03,720 --> 00:06:05,720 is installation of window tinting, vehicle wraps, 140 00:06:05,720 --> 00:06:07,520 and other aftermarket vehicle modifications 141 00:06:07,520 --> 00:06:10,960 is not listed in the table of allowed uses, 142 00:06:10,960 --> 00:06:12,720 the director made an interpretation 143 00:06:12,720 --> 00:06:17,560 using the standards in DDC section 2.8.6, D.2, 144 00:06:17,560 --> 00:06:20,240 which requires that interpretations be based 145 00:06:20,240 --> 00:06:23,200 on the standards in the DDC section 9.1 146 00:06:23,200 --> 00:06:24,920 and the following considerations. 147 00:06:24,920 --> 00:06:26,240 There's a lot, okay. 148 00:06:26,240 --> 00:06:28,160 Do I have to read all of these? 149 00:06:28,160 --> 00:06:29,400 Should I read all of these? 150 00:06:29,400 --> 00:06:30,360 - They're in the presentation. 151 00:06:30,360 --> 00:06:31,840 - Great, okay, fantastic. 152 00:06:31,840 --> 00:06:33,200 That saves me some time. 153 00:06:33,200 --> 00:06:34,360 Okay, so this is how it's gonna go. 154 00:06:34,360 --> 00:06:35,600 So I open the hearing. 155 00:06:35,600 --> 00:06:37,000 We're gonna hear from city staff. 156 00:06:37,000 --> 00:06:38,560 We're gonna hear from the applicant. 157 00:06:38,560 --> 00:06:40,880 We're gonna hear from the public. 158 00:06:40,880 --> 00:06:44,000 We can't make a decision in this meeting. 159 00:06:44,000 --> 00:06:45,320 I've gotta close the meeting 160 00:06:45,320 --> 00:06:48,200 and then open the same meeting, the next meeting, 161 00:06:48,200 --> 00:06:49,040 in the same space. 162 00:06:49,040 --> 00:06:50,200 So we're gonna take care of this tonight, 163 00:06:50,200 --> 00:06:52,600 but we'll have to do our deliberations 164 00:06:52,600 --> 00:06:54,640 and our voting in round two. 165 00:06:54,640 --> 00:06:57,480 I think that's it. 166 00:06:57,480 --> 00:06:58,920 Do I have to read anything more than this? 167 00:06:58,920 --> 00:07:00,640 I think we're good. 168 00:07:00,640 --> 00:07:02,200 Okay, so I'm calling the public hearing 169 00:07:02,200 --> 00:07:05,800 to order at 5.41. 170 00:07:05,800 --> 00:07:06,960 I will stop reading, 171 00:07:06,960 --> 00:07:09,840 and I think we'll call city staff 172 00:07:09,840 --> 00:07:11,320 and read Julie Vaziria. 173 00:07:11,320 --> 00:07:13,200 Thank you. 174 00:07:16,320 --> 00:07:19,720 Good evening, I'm Julie Wyatt, 175 00:07:19,720 --> 00:07:21,560 senior planner with the City of Desmond. 176 00:07:21,560 --> 00:07:24,680 We're heading this way. 177 00:07:24,680 --> 00:07:26,840 (mumbles) 178 00:07:26,840 --> 00:07:30,600 (doorbell rings) 179 00:07:30,600 --> 00:07:37,240 Okay. 180 00:07:37,240 --> 00:07:44,120 Good evening, I'm Julie Wyatt, 181 00:07:44,120 --> 00:07:45,480 senior planner. 182 00:07:45,480 --> 00:07:50,480 This is administrative appeal 22-0002, tent roll. 183 00:07:50,480 --> 00:07:55,400 So some background before we get into the request. 184 00:07:55,400 --> 00:07:59,240 The subject property is located at 709 South Elm. 185 00:07:59,240 --> 00:08:01,560 It's about .26 acres, 186 00:08:01,560 --> 00:08:04,840 and it's in a mixed use neighborhood zoning district. 187 00:08:04,840 --> 00:08:07,040 How this came to be and how we got here 188 00:08:07,040 --> 00:08:09,280 was it started with a building permit. 189 00:08:09,280 --> 00:08:11,840 The applicant submitted for a building permit 190 00:08:11,840 --> 00:08:13,920 for a tenant finish out. 191 00:08:13,920 --> 00:08:15,880 As part of that review, 192 00:08:15,880 --> 00:08:18,240 it was determined that the use was 193 00:08:18,240 --> 00:08:20,280 automotive repair shop minor, 194 00:08:20,280 --> 00:08:22,360 which requires a specific use permit 195 00:08:22,360 --> 00:08:24,120 in the zoning district. 196 00:08:24,120 --> 00:08:26,960 This is based upon, as you mentioned, 197 00:08:26,960 --> 00:08:31,160 subsection 2.8.6, and that's interpretations 198 00:08:31,160 --> 00:08:33,160 in the debt and development code, 199 00:08:33,160 --> 00:08:34,840 that the director shall be responsible 200 00:08:34,840 --> 00:08:36,160 for all interpretations, 201 00:08:36,160 --> 00:08:38,760 and that includes whether an unspecified use, 202 00:08:38,760 --> 00:08:41,240 where that falls within our use tables. 203 00:08:41,240 --> 00:08:43,080 Use tables can't be broad enough 204 00:08:43,080 --> 00:08:46,320 to include every single possible use, 205 00:08:46,320 --> 00:08:49,600 so those interpretations sometimes have to be made. 206 00:08:49,600 --> 00:08:53,520 So before we get into the specific request 207 00:08:53,520 --> 00:08:56,160 or the determination, 208 00:08:56,160 --> 00:08:59,320 wanna talk about how we arrived at that interpretation. 209 00:08:59,320 --> 00:09:01,800 So I would like to mention at this point 210 00:09:01,800 --> 00:09:05,040 that the applicant did feel that their use 211 00:09:05,040 --> 00:09:07,840 was more consistent with general retail, 212 00:09:07,840 --> 00:09:11,640 and so that's why we are here today. 213 00:09:11,640 --> 00:09:14,680 So the first criteria for that formal interpretation 214 00:09:14,680 --> 00:09:18,200 is the clear and plain meaning of the provisions wording, 215 00:09:18,200 --> 00:09:20,320 as defined by the meaning and significance, 216 00:09:20,320 --> 00:09:23,160 given specific terms used in the provision 217 00:09:23,160 --> 00:09:26,240 as established in subchapter nine, definitions, 218 00:09:26,240 --> 00:09:29,400 and by the common and accepted usage of that term. 219 00:09:29,400 --> 00:09:32,160 So the definition for automotive repair shop minor 220 00:09:32,160 --> 00:09:34,360 is an establishment primarily engaged 221 00:09:34,360 --> 00:09:37,600 in providing minor vehicle repair services, 222 00:09:37,600 --> 00:09:40,600 and that includes a list such as lubrication, 223 00:09:40,600 --> 00:09:43,120 oil and tire changes, and tune-ups, 224 00:09:43,120 --> 00:09:47,200 brake repair, tire replacement, and detailing and polishing. 225 00:09:47,200 --> 00:09:50,320 Major repairs, such as vehicle, body, work, or pain, 226 00:09:50,320 --> 00:09:52,080 those are a different classification. 227 00:09:52,080 --> 00:09:54,080 That goes to major. 228 00:09:54,080 --> 00:09:55,520 So when we looked at that, 229 00:09:55,520 --> 00:09:59,280 first we looked at that at subchapter nine 230 00:09:59,280 --> 00:10:01,920 in the development code, and as part of that, 231 00:10:01,920 --> 00:10:05,320 it talks about how we're supposed to read those definitions. 232 00:10:05,320 --> 00:10:08,000 And one of those is the list of examples 233 00:10:08,000 --> 00:10:10,880 that are contained within a definition. 234 00:10:10,880 --> 00:10:12,560 It's not an exhaustive list. 235 00:10:12,560 --> 00:10:16,240 That it is meant to illustrate what types of activities 236 00:10:16,240 --> 00:10:18,920 would be associated with that use. 237 00:10:18,920 --> 00:10:22,120 And in particular, we looked at that portion 238 00:10:22,120 --> 00:10:24,600 that is underlined in that definition. 239 00:10:24,600 --> 00:10:27,760 And then also that words and phrases should be construed 240 00:10:27,760 --> 00:10:30,320 according to the common and approved language, 241 00:10:30,320 --> 00:10:31,760 usage of the language. 242 00:10:31,760 --> 00:10:35,320 So we look at just that common usage of the word repair. 243 00:10:39,000 --> 00:10:41,920 We also talked to the property owner as part of this 244 00:10:41,920 --> 00:10:44,040 and kind of talked to them about what activities 245 00:10:44,040 --> 00:10:46,160 they would be doing on site. 246 00:10:46,160 --> 00:10:50,160 And we were provided further clarification, 247 00:10:50,160 --> 00:10:53,760 and that included sales and installation of window tinting, 248 00:10:53,760 --> 00:10:56,560 protective films and coatings, vehicle wraps 249 00:10:56,560 --> 00:11:00,240 and vehicle graphics, audio and video systems, 250 00:11:00,240 --> 00:11:03,520 and also mobile electronics and security systems. 251 00:11:03,520 --> 00:11:04,840 We also looked at their website. 252 00:11:04,840 --> 00:11:06,600 That can sometimes be instructivistic, 253 00:11:06,600 --> 00:11:09,200 kinds of things that they do on site. 254 00:11:09,200 --> 00:11:13,200 So we looked at what they do in Grapevine, 255 00:11:13,200 --> 00:11:16,320 and they also include auto detailing. 256 00:11:16,320 --> 00:11:20,280 So we looked a little closer at that definition, 257 00:11:20,280 --> 00:11:23,360 including that detailing and polishing. 258 00:11:23,360 --> 00:11:25,520 So there was concern about that, 259 00:11:25,520 --> 00:11:29,000 and it really, staff believes it speaks to that 260 00:11:29,000 --> 00:11:31,480 work performed on the exterior vehicle 261 00:11:31,480 --> 00:11:33,280 is included within that use. 262 00:11:33,280 --> 00:11:37,360 So that use, that definition was written broadly enough 263 00:11:37,360 --> 00:11:42,360 so that that detailing, that exterior work would include, 264 00:11:42,360 --> 00:11:46,960 or exterior work is included in that definition. 265 00:11:46,960 --> 00:11:50,640 So things like the window tinting and the vehicle wrap, 266 00:11:50,640 --> 00:11:53,720 that really does speak to that minor repair, 267 00:11:53,720 --> 00:11:57,760 or the automotive repair shop minor. 268 00:11:57,760 --> 00:12:00,200 It's really consistent with that definition. 269 00:12:01,200 --> 00:12:03,920 And also, in looking at their activities on site, 270 00:12:03,920 --> 00:12:07,080 the aftermarket installation requires alteration 271 00:12:07,080 --> 00:12:09,920 of the automobile's mechanical, electric system, 272 00:12:09,920 --> 00:12:12,320 which is also consistent with repair work. 273 00:12:12,320 --> 00:12:15,400 So they're really doing work not only on the exterior, 274 00:12:15,400 --> 00:12:17,440 which is included in that definition, 275 00:12:17,440 --> 00:12:18,800 but also in the interiors. 276 00:12:18,800 --> 00:12:20,880 We looked at it from both of those angles. 277 00:12:20,880 --> 00:12:25,240 The second criteria is the intended purpose 278 00:12:25,240 --> 00:12:28,120 of the provision, as indicated by the purpose statements, 279 00:12:28,120 --> 00:12:30,680 its context and consistency with the surrounding 280 00:12:30,680 --> 00:12:32,000 and related provisions, 281 00:12:32,000 --> 00:12:35,040 and any legislative history to its adoption. 282 00:12:35,040 --> 00:12:38,880 So chapter three of the Denton Development Code 283 00:12:38,880 --> 00:12:41,520 provides a purpose statement for the zoning district. 284 00:12:41,520 --> 00:12:43,440 And it's to support compatibility 285 00:12:43,440 --> 00:12:45,680 between higher intensity mixed use areas 286 00:12:45,680 --> 00:12:48,800 and adjacent residential and commercial areas. 287 00:12:48,800 --> 00:12:53,800 And paying particular attention to the area in bold, 288 00:12:53,800 --> 00:12:57,000 this district contributes to a vibrant environment 289 00:12:57,000 --> 00:12:58,600 for pedestrians and bicyclists 290 00:12:58,600 --> 00:13:01,400 through a variety of site design requirements, 291 00:13:01,400 --> 00:13:04,960 and includes varying densities of residential, neighborhoods, 292 00:13:04,960 --> 00:13:08,320 suburban retail, restaurants, commercial, and office uses. 293 00:13:08,320 --> 00:13:11,480 So when we look at that definition, 294 00:13:11,480 --> 00:13:16,480 it's not just a strict automotive zoning designation. 295 00:13:16,480 --> 00:13:18,440 We do have some zoning districts 296 00:13:18,440 --> 00:13:23,440 which are more closely aligned with automotive type uses, 297 00:13:23,440 --> 00:13:27,600 our highway corridor and our suburban corridor. 298 00:13:27,600 --> 00:13:29,520 Where a mixed use neighborhood is intended 299 00:13:29,520 --> 00:13:31,880 for more walkable districts, 300 00:13:31,880 --> 00:13:36,360 and also including pedestrians and bicyclists. 301 00:13:36,360 --> 00:13:39,360 And so for that reason, the MN district 302 00:13:39,360 --> 00:13:44,360 limits the automotive uses within that district, 303 00:13:44,360 --> 00:13:46,760 or either prohibits it or limits it. 304 00:13:46,760 --> 00:13:49,880 So for example, automotive fuel sales 305 00:13:49,880 --> 00:13:52,440 or automotive repair shop minor, 306 00:13:52,440 --> 00:13:54,160 when there's a specific use permit 307 00:13:54,160 --> 00:13:56,840 that's required within the Denton Development Code, 308 00:13:56,840 --> 00:14:01,040 what that means is the use may be appropriate in this area, 309 00:14:01,040 --> 00:14:03,360 but it requires a little more scrutiny. 310 00:14:03,360 --> 00:14:06,200 Things like design requirements, 311 00:14:06,200 --> 00:14:09,680 we wanna see a little more detail looked at that site 312 00:14:09,680 --> 00:14:11,000 before it could be approved, 313 00:14:11,000 --> 00:14:13,960 and it requires approval by the city council. 314 00:14:13,960 --> 00:14:17,400 And in this instance, because this is more of a 315 00:14:17,400 --> 00:14:21,460 pedestrian-oriented, but can't serve vehicles, 316 00:14:21,460 --> 00:14:23,960 that SUP is required. 317 00:14:23,960 --> 00:14:27,800 And so that was the information that we gave the applicant. 318 00:14:27,800 --> 00:14:30,440 It's intended to reduce any impacts related 319 00:14:30,440 --> 00:14:33,960 to those vehicle or automotive related uses. 320 00:14:33,960 --> 00:14:39,640 Number three, the intent to give every provision meaning. 321 00:14:39,640 --> 00:14:44,160 The intent of the DDC is to provide clear meaning 322 00:14:44,160 --> 00:14:47,060 to all terms, however, when there is not a clear meaning, 323 00:14:47,060 --> 00:14:50,120 that's when we bring in that interpretation procedure 324 00:14:50,120 --> 00:14:53,520 like we went through with this project. 325 00:14:54,320 --> 00:14:58,580 And then the general purposes served by this DDC. 326 00:14:58,580 --> 00:15:00,920 The DDC does give purpose statements 327 00:15:00,920 --> 00:15:03,520 for the entire DDC in SUP chapter one, 328 00:15:03,520 --> 00:15:06,160 and one of those is to encourage the appropriate use 329 00:15:06,160 --> 00:15:07,940 of land, buildings, and structures. 330 00:15:07,940 --> 00:15:10,400 In this instance, it's not that automotive uses 331 00:15:10,400 --> 00:15:13,400 aren't necessarily appropriate within the MN district, 332 00:15:13,400 --> 00:15:16,480 but once again, it needs that specific use permit, 333 00:15:16,480 --> 00:15:19,280 little more scrutiny, just take a little harder look 334 00:15:19,280 --> 00:15:20,600 at any of these uses. 335 00:15:20,600 --> 00:15:24,600 And then finally, consistency with the comprehensive plan. 336 00:15:24,600 --> 00:15:27,360 The interpretation is consistent with the description 337 00:15:27,360 --> 00:15:29,000 of the future land use designations, 338 00:15:29,000 --> 00:15:31,500 which support the mixed use neighborhood district. 339 00:15:31,500 --> 00:15:36,500 In this instance, the subject property is the area in red, 340 00:15:36,500 --> 00:15:39,080 and that's our downtown district, 341 00:15:39,080 --> 00:15:41,680 and that really comes from that square. 342 00:15:41,680 --> 00:15:44,540 It radiates out from the square. 343 00:15:44,540 --> 00:15:46,920 And what we wanna do is make sure 344 00:15:46,920 --> 00:15:50,840 that the development is sensitive to our downtown area. 345 00:15:50,840 --> 00:15:53,400 Mixed use neighborhood is also one of those 346 00:15:53,400 --> 00:15:57,680 zoning districts, or the future land use designations, 347 00:15:57,680 --> 00:16:00,480 which is consistent with the zoning district. 348 00:16:00,480 --> 00:16:03,820 And once again, it's intended for more walkable districts. 349 00:16:03,820 --> 00:16:08,080 And automotive uses are, of course, 350 00:16:08,080 --> 00:16:11,160 potentially okay for that area, 351 00:16:11,160 --> 00:16:13,720 but once again, needs a little additional scrutiny. 352 00:16:15,800 --> 00:16:17,600 And then also, there's another portion 353 00:16:17,600 --> 00:16:18,800 of the debt development code, 354 00:16:18,800 --> 00:16:22,120 which looks at use determinations, and that's subchapter five. 355 00:16:22,120 --> 00:16:25,400 And within subchapter five, the code requires 356 00:16:25,400 --> 00:16:27,960 that the director shall consider the potential impacts 357 00:16:27,960 --> 00:16:30,880 of the proposed use, including the nature of the use, 358 00:16:30,880 --> 00:16:33,560 and whether it includes welling, sales, processing, 359 00:16:33,560 --> 00:16:36,560 storage, operations, employment characteristics, 360 00:16:36,560 --> 00:16:39,620 nuisances, requirements for public utilities, 361 00:16:39,620 --> 00:16:41,600 and transportation requirements. 362 00:16:41,600 --> 00:16:43,240 Those are the things we should be looking at, 363 00:16:43,240 --> 00:16:45,080 or that the director should be looking at 364 00:16:45,080 --> 00:16:47,360 when a determination is made. 365 00:16:47,360 --> 00:16:49,960 In this instance, we looked at the proposed use. 366 00:16:49,960 --> 00:16:51,760 We thought about how it functions, 367 00:16:51,760 --> 00:16:54,740 given the types of activities on site, 368 00:16:54,740 --> 00:16:57,980 and our conversations with the applicant. 369 00:16:57,980 --> 00:17:02,560 So a car for this particular use would enter the site, 370 00:17:02,560 --> 00:17:04,800 would pull into a bay. 371 00:17:04,800 --> 00:17:09,800 The customer would leave their car with the facility, 372 00:17:12,520 --> 00:17:16,400 and then wait while their window tinting is being performed, 373 00:17:16,400 --> 00:17:20,880 or their vehicle wraps, so they would wait on site, 374 00:17:20,880 --> 00:17:22,200 and then they would drive away 375 00:17:22,200 --> 00:17:24,920 once their service is complete. 376 00:17:24,920 --> 00:17:27,320 So in looking at how that functions, we're like, 377 00:17:27,320 --> 00:17:29,660 that really sounds kind of like an oil change place, 378 00:17:29,660 --> 00:17:33,220 or a tire change, more consistent with that definition. 379 00:17:33,220 --> 00:17:37,760 We kind of looked at that in terms of, okay, 380 00:17:37,760 --> 00:17:41,420 well, how does that function based upon a general retail, 381 00:17:41,420 --> 00:17:44,880 or how we typically conceive of a general retail? 382 00:17:44,880 --> 00:17:46,040 Now, when we think of general retail, 383 00:17:46,040 --> 00:17:49,000 we think it's a place you either drive to or walk to. 384 00:17:49,000 --> 00:17:51,920 If you drive, you typically park your car in a parking lot, 385 00:17:51,920 --> 00:17:53,360 and then you get out of your car, 386 00:17:53,360 --> 00:17:55,640 and you walk to the sales floor, 387 00:17:55,640 --> 00:17:58,460 either inside or outside, make your purchase, 388 00:17:58,460 --> 00:18:00,220 and then leave with that purchase. 389 00:18:00,220 --> 00:18:04,440 So while they still are selling something, 390 00:18:04,440 --> 00:18:07,000 they do function differently, 391 00:18:07,000 --> 00:18:10,360 and they do have different potential impacts. 392 00:18:10,360 --> 00:18:15,200 And one of the potential impacts for the subject use 393 00:18:15,200 --> 00:18:18,560 would be visual impacts related to bay doors, 394 00:18:18,560 --> 00:18:20,520 because a car is having to drive in. 395 00:18:20,520 --> 00:18:22,600 So think of oil change places, 396 00:18:22,600 --> 00:18:24,880 and kind of physically how they look, 397 00:18:24,880 --> 00:18:27,540 and the vehicular maneuvering on site. 398 00:18:27,540 --> 00:18:30,880 Making sure that cars can move safely outside, 399 00:18:30,880 --> 00:18:33,320 and enter the site, and exit the site safely. 400 00:18:33,320 --> 00:18:36,660 And because of that, because of the functioning of the site, 401 00:18:36,660 --> 00:18:40,440 the director is determined that the use that is more 402 00:18:40,440 --> 00:18:43,800 appropriate is that automotive repair shop minor. 403 00:18:43,800 --> 00:18:46,880 Requiring that specific use permit 404 00:18:46,880 --> 00:18:48,960 to look at those potential impacts. 405 00:18:48,960 --> 00:18:54,840 So now we get to kind of that, you know, what next slide? 406 00:18:54,840 --> 00:18:56,680 So this is an administrative appeal, 407 00:18:56,680 --> 00:18:59,120 so I've gone through kind of staff's reasoning 408 00:18:59,120 --> 00:19:02,080 as to how we got to that automotive repair minor. 409 00:19:02,080 --> 00:19:04,160 It really is related to that definition, 410 00:19:04,160 --> 00:19:06,440 the clear meaning of that definition. 411 00:19:06,440 --> 00:19:07,920 How this site operates, 412 00:19:07,920 --> 00:19:10,720 and what the intent is of that zoning district. 413 00:19:10,720 --> 00:19:14,600 So there is criteria for approval 414 00:19:14,600 --> 00:19:16,160 in the Dent development code. 415 00:19:16,160 --> 00:19:18,260 It's in sub-chapter two. 416 00:19:18,260 --> 00:19:20,360 There are two criteria for approval, 417 00:19:20,360 --> 00:19:22,640 and those are in your backup as well. 418 00:19:22,640 --> 00:19:24,360 The facts stated in the application, 419 00:19:24,360 --> 00:19:27,960 as presented by the appellant and the director, 420 00:19:27,960 --> 00:19:29,600 and the requirements and the intent 421 00:19:29,600 --> 00:19:32,600 of the applicable standards from the Dent development code, 422 00:19:32,600 --> 00:19:36,160 compared to the written decision that is being appealed. 423 00:19:36,760 --> 00:19:40,000 So based upon that, it is a two-step process, 424 00:19:40,000 --> 00:19:41,680 as your chair mentioned. 425 00:19:41,680 --> 00:19:44,680 You have the public hearing, and that's right now. 426 00:19:44,680 --> 00:19:47,640 And then once that's finished, that would be closed, 427 00:19:47,640 --> 00:19:52,040 and then it would go to a decision right after. 428 00:19:52,040 --> 00:19:52,880 So that's all I have. 429 00:19:52,880 --> 00:19:55,000 I'll be happy to answer any questions. 430 00:19:55,000 --> 00:19:56,920 And the applicant is here 431 00:19:56,920 --> 00:19:58,800 to also make a presentation as well. 432 00:19:58,800 --> 00:20:01,320 - Any questions for city staff? 433 00:20:01,320 --> 00:20:04,360 I have a question. 434 00:20:04,360 --> 00:20:05,200 - Sure. 435 00:20:05,200 --> 00:20:07,920 - So I remember when I served on P&Z, 436 00:20:07,920 --> 00:20:11,440 we saw SCP applications all the time. 437 00:20:11,440 --> 00:20:16,440 So if this appeal is denied, 438 00:20:16,440 --> 00:20:18,920 where they're not able to get the six votes required, 439 00:20:18,920 --> 00:20:20,640 would the next step then be for them 440 00:20:20,640 --> 00:20:23,120 to consider going to P&Z, 441 00:20:23,120 --> 00:20:25,360 and then P&Z would pass it on to city council? 442 00:20:25,360 --> 00:20:27,200 Is that the kind of the chain of command? 443 00:20:27,200 --> 00:20:28,040 - That is correct. 444 00:20:28,040 --> 00:20:31,920 - Okay, and P&Z, to be clear, 445 00:20:31,920 --> 00:20:35,640 so we're looking at this with our ZBA hats on, 446 00:20:35,640 --> 00:20:38,240 like there's not a whole lot of flexibility, 447 00:20:38,240 --> 00:20:40,360 but P&Z has more flexibility 448 00:20:40,360 --> 00:20:43,360 in granting these types of requests. 449 00:20:43,360 --> 00:20:44,520 - You're exactly correct. 450 00:20:44,520 --> 00:20:46,760 And that's actually something we talked about in staff. 451 00:20:46,760 --> 00:20:50,560 So things like P&Z can look at the request, 452 00:20:50,560 --> 00:20:52,600 and they have different criteria for approval 453 00:20:52,600 --> 00:20:54,400 in the debt development code 454 00:20:54,400 --> 00:20:58,200 as to whether they would approve or recommend denial, 455 00:20:58,200 --> 00:21:00,040 or add conditions to the use. 456 00:21:00,040 --> 00:21:02,440 So there could be conditions added to the use 457 00:21:02,440 --> 00:21:05,200 as part of the SUP to ensure compatibility 458 00:21:05,200 --> 00:21:06,640 with the surrounding area. 459 00:21:06,640 --> 00:21:07,480 - Thank you. 460 00:21:07,480 --> 00:21:11,360 - And that part's kind of out of our hands though, right? 461 00:21:11,360 --> 00:21:12,800 - Yeah, 'cause that would be planning and zoning. 462 00:21:12,800 --> 00:21:15,400 That would be kind of more their purview, so, yeah. 463 00:21:15,400 --> 00:21:20,160 - I have a question. 464 00:21:20,160 --> 00:21:22,280 - Oh, you'll have a moment to speak. 465 00:21:22,280 --> 00:21:23,840 - I can ask her a question. 466 00:21:23,840 --> 00:21:27,320 - I think during the public hearing, 467 00:21:27,320 --> 00:21:29,320 I'm sorry, when he's invited up to speak, 468 00:21:29,320 --> 00:21:31,560 then he can ask questions that staff can answer later. 469 00:21:31,560 --> 00:21:32,760 - Correct. - Yeah. 470 00:21:32,760 --> 00:21:35,200 So I'll call you up during the, 471 00:21:35,200 --> 00:21:37,920 when it's your turn, and you can ask questions 472 00:21:37,920 --> 00:21:38,760 and then the staff can answer them for you. 473 00:21:38,760 --> 00:21:39,960 - Okay, thank you. - Yeah, yeah. 474 00:21:39,960 --> 00:21:41,300 So hold on to that, yeah. 475 00:21:41,300 --> 00:21:44,360 Anything else? 476 00:21:44,360 --> 00:21:46,280 Okay. 477 00:21:46,280 --> 00:21:47,120 Thank you, Julie. 478 00:21:47,120 --> 00:21:50,600 I'm gonna open up the applicant's presentation table. 479 00:21:50,600 --> 00:21:58,520 All right, if the applicant is here, 480 00:21:58,520 --> 00:22:00,920 would you like to approach the podium and... 481 00:22:00,920 --> 00:22:03,800 - Sure. - Thank you. 482 00:22:03,800 --> 00:22:06,640 And is there a time limit for the applicant to speak? 483 00:22:06,640 --> 00:22:10,880 - I think that's up to your discretion. 484 00:22:10,880 --> 00:22:13,240 I think that approximately equal time. 485 00:22:13,240 --> 00:22:14,080 - All right. - I'll talk as fast 486 00:22:14,080 --> 00:22:15,160 as I can across. - Yeah, no worries. 487 00:22:15,160 --> 00:22:16,000 No, it's fine. 488 00:22:16,000 --> 00:22:20,400 - That's great. 489 00:22:20,400 --> 00:22:22,440 I've got some stuff on the bottom already. 490 00:22:22,440 --> 00:22:23,280 - How about that? 491 00:22:23,280 --> 00:22:27,440 And if you could just state your name and your title. 492 00:22:27,440 --> 00:22:28,440 - My name is Jeff Stark. 493 00:22:28,440 --> 00:22:29,800 I am the Chief Operating Officer 494 00:22:29,800 --> 00:22:32,060 of Tint World and Franchise Company. 495 00:22:32,060 --> 00:22:33,840 I am here out of Boca Raton, Florida. 496 00:22:33,840 --> 00:22:35,640 I flew up today to attend this meeting. 497 00:22:35,640 --> 00:22:37,520 And thank you guys all for joining. 498 00:22:37,520 --> 00:22:38,640 I appreciate your time. 499 00:22:38,640 --> 00:22:43,300 Julie, thank you for your diligence on this. 500 00:22:43,300 --> 00:22:48,200 So I came today because I wanted to address the, 501 00:22:48,200 --> 00:22:51,760 I wanted to have the chance to address this in an appeal 502 00:22:51,760 --> 00:22:55,280 based on the stores that we do currently have, 503 00:22:55,280 --> 00:22:58,000 including the ones that we have here in Texas. 504 00:22:58,000 --> 00:22:59,560 And where they're located, 505 00:22:59,560 --> 00:23:03,800 what zoning and zoning districts they are located in, 506 00:23:03,800 --> 00:23:06,600 and the versatility that we have as a franchise company. 507 00:23:06,600 --> 00:23:07,440 Okay. 508 00:23:07,440 --> 00:23:11,780 To address some of the things that Julie had stated, 509 00:23:11,780 --> 00:23:16,120 one of which stood out a lot is categorizing Tint World 510 00:23:16,120 --> 00:23:18,600 as automotive repair minor 511 00:23:18,600 --> 00:23:21,600 is absolutely an incorrect classification. 512 00:23:21,600 --> 00:23:25,820 If there was seven items addressed in there, in that code, 513 00:23:25,820 --> 00:23:28,480 being oil changes, tire repairs, and replacement, 514 00:23:28,480 --> 00:23:30,920 engine repair, and certain things like that. 515 00:23:30,920 --> 00:23:33,200 And there was one item, and one item only, 516 00:23:33,200 --> 00:23:37,080 that we fell under, which brought us here today, 517 00:23:37,080 --> 00:23:38,760 which was detailing and polishing. 518 00:23:38,760 --> 00:23:42,120 What was explained to staff 519 00:23:42,120 --> 00:23:44,840 when Julie and I had a conversation back and forth 520 00:23:44,840 --> 00:23:48,120 is as a franchise company, and you guys looked at, 521 00:23:48,120 --> 00:23:50,960 you looked at a web page from one of our stores, 522 00:23:50,960 --> 00:23:53,480 I believe it was our Grapevine Texas store. 523 00:23:53,480 --> 00:23:56,200 And within that page, you saw services on there, 524 00:23:56,200 --> 00:23:57,380 such as Auto Detail. 525 00:23:57,380 --> 00:24:01,000 With a franchise company, 526 00:24:01,000 --> 00:24:04,040 when you log on to Tint World's website, okay, 527 00:24:04,040 --> 00:24:06,080 Tint World's website is a general website. 528 00:24:06,080 --> 00:24:07,980 And from there, as a consumer, 529 00:24:07,980 --> 00:24:11,080 you go to your individual store page located in your area 530 00:24:11,080 --> 00:24:13,940 that you were looking to retain services, okay. 531 00:24:13,940 --> 00:24:18,800 Our franchise allows for certain services to be done, 532 00:24:18,800 --> 00:24:21,600 and certain services to not be done, okay. 533 00:24:21,600 --> 00:24:24,840 Not all of our stores have to do detailing and polishing, 534 00:24:24,840 --> 00:24:27,920 which is the one area that falls under those seven, 535 00:24:27,920 --> 00:24:30,040 those seven different things that classify us 536 00:24:30,040 --> 00:24:34,900 as automotive repair minor in staff's opinion, okay. 537 00:24:34,900 --> 00:24:37,160 Throughout the country, 538 00:24:37,160 --> 00:24:39,520 we have about 100 locations right now currently open. 539 00:24:39,520 --> 00:24:42,520 We've got 7,400 development, okay. 540 00:24:42,520 --> 00:24:44,360 Out of the 100 locations that we have open, 541 00:24:44,360 --> 00:24:47,120 we have stores open in almost every zoning district 542 00:24:47,120 --> 00:24:47,940 you could think of. 543 00:24:47,940 --> 00:24:49,560 We are in planned development, 544 00:24:49,560 --> 00:24:53,540 we are in commercial one, commercial two, commercial three. 545 00:24:53,540 --> 00:24:55,500 We are also in mixed use. 546 00:24:55,500 --> 00:24:56,900 We are in standalone buildings, 547 00:24:56,900 --> 00:24:59,220 we're in automotive style buildings. 548 00:24:59,220 --> 00:25:01,840 We are in retail strip centers. 549 00:25:01,840 --> 00:25:03,120 We are in flex space. 550 00:25:03,120 --> 00:25:06,020 We have some stores that are located in industrial space. 551 00:25:06,020 --> 00:25:08,320 We are very versatile and all over the map. 552 00:25:08,320 --> 00:25:10,400 And I think one of the things that's important 553 00:25:10,400 --> 00:25:12,100 for me to point out for you guys, 554 00:25:12,100 --> 00:25:17,000 out of the 100 locations that we currently have open today, 555 00:25:18,840 --> 00:25:23,360 13% of those are in your traditional automotive spaces, okay. 556 00:25:23,360 --> 00:25:26,160 Out of the other 85 plus percent of the locations 557 00:25:26,160 --> 00:25:27,960 that are open today, 558 00:25:27,960 --> 00:25:32,640 12% of those 85 locations have needed an SUP to get approved. 559 00:25:32,640 --> 00:25:35,080 The balance of those locations have all been approved 560 00:25:35,080 --> 00:25:37,640 in the district, in the zoning that they are, 561 00:25:37,640 --> 00:25:41,640 with no modifications necessary, okay. 562 00:25:41,640 --> 00:25:44,680 The majority of the time that we do have to get an SUP 563 00:25:44,680 --> 00:25:46,280 when that does occur, 564 00:25:46,280 --> 00:25:48,560 it's because we're going into a retail strip center 565 00:25:48,560 --> 00:25:51,640 like that Grapevine store that you were showed, okay, 566 00:25:51,640 --> 00:25:54,160 where it was just a full regular retail strip center. 567 00:25:54,160 --> 00:25:55,780 We share that center with a True Dental. 568 00:25:55,780 --> 00:25:58,080 We share that center with a, 569 00:25:58,080 --> 00:26:02,200 I believe it's a Jersey Mike's Subplace, 570 00:26:02,200 --> 00:26:04,600 and a couple other things. 571 00:26:04,600 --> 00:26:07,360 And there was no overhead doors in the back of the space 572 00:26:07,360 --> 00:26:09,080 that for us to be able to pull vehicles inside 573 00:26:09,080 --> 00:26:11,480 to do some of the services that we do. 574 00:26:11,480 --> 00:26:13,120 And in those type of areas, 575 00:26:13,120 --> 00:26:16,520 it's typically where we need to have an SUP. 576 00:26:16,520 --> 00:26:21,040 We very recently converted a family video out in Rowlett, 577 00:26:21,040 --> 00:26:23,960 which is an area I'm sure you guys are all familiar with. 578 00:26:23,960 --> 00:26:25,680 And for that, we needed to get an SUP. 579 00:26:25,680 --> 00:26:28,200 We were converting a family video, you know. 580 00:26:28,200 --> 00:26:32,720 I mean, it was a considerable deal, 581 00:26:32,720 --> 00:26:35,880 and it was one of those areas that we had to get it. 582 00:26:35,880 --> 00:26:37,180 But in most, we do not. 583 00:26:37,180 --> 00:26:41,000 With that being said, what I would like to do, 584 00:26:41,000 --> 00:26:44,160 I do have, and I know that I see that it's onto this, 585 00:26:44,160 --> 00:26:47,600 but I would, has anybody seen the video 586 00:26:47,600 --> 00:26:49,000 that we prepared a two minute video 587 00:26:49,000 --> 00:26:50,600 just showing a depiction of our store? 588 00:26:50,600 --> 00:26:51,820 Has anybody seen that? 589 00:26:51,820 --> 00:26:52,660 - It was not. 590 00:26:52,660 --> 00:26:53,880 - Would you guys mind if I played that for you? 591 00:26:53,880 --> 00:26:55,240 - That's fine, yeah. - Okay. 592 00:26:55,240 --> 00:26:57,900 (clears throat) 593 00:26:57,900 --> 00:27:03,640 Let's see here. 594 00:27:03,640 --> 00:27:10,100 (upbeat music) 595 00:27:11,880 --> 00:27:14,720 This video is just showing you some of our stores, 596 00:27:14,720 --> 00:27:18,900 what they look like, okay, and what they consist of. 597 00:27:18,900 --> 00:27:23,200 We are not your stereotypical oil change looking location. 598 00:27:23,200 --> 00:27:26,700 We do have a few, like I said, that are automotive spaces, 599 00:27:26,700 --> 00:27:28,920 but the majority are not, okay. 600 00:27:28,920 --> 00:27:30,440 And when you look at our locations, 601 00:27:30,440 --> 00:27:33,200 our locations are a lot like, you know, 602 00:27:33,200 --> 00:27:36,520 a little bit different, but a lot like in the retail setting, 603 00:27:36,520 --> 00:27:38,040 like you like your apps. 604 00:27:38,040 --> 00:27:39,600 They're very high end. 605 00:27:39,600 --> 00:27:43,080 They're very technologically advanced. 606 00:27:43,080 --> 00:27:45,700 They're clean, they're neat. 607 00:27:45,700 --> 00:27:47,360 They have beautiful restrooms. 608 00:27:47,360 --> 00:27:49,440 They've got fantastic waiting areas for customers 609 00:27:49,440 --> 00:27:51,280 and those who do choose to wait. 610 00:27:51,280 --> 00:27:54,040 We also have retail products, including apparel, 611 00:27:54,040 --> 00:27:58,160 that we do sell on the retail floor, okay. 612 00:27:58,160 --> 00:28:02,000 And one of the things also that you guys were told, 613 00:28:02,000 --> 00:28:04,760 as well, from staff, is that 614 00:28:07,320 --> 00:28:09,720 we're not your stereotypical retail store 615 00:28:09,720 --> 00:28:11,040 where you walk in and purchase products 616 00:28:11,040 --> 00:28:12,040 that will meet with it. 617 00:28:12,040 --> 00:28:14,400 And that is not necessarily the case. 618 00:28:14,400 --> 00:28:15,800 Many of our customers come in, 619 00:28:15,800 --> 00:28:17,880 just like they would into a Best Buy, 620 00:28:17,880 --> 00:28:19,720 and they will purchase something right off the shelf 621 00:28:19,720 --> 00:28:21,240 and take it home, whether it be for a Christmas, 622 00:28:21,240 --> 00:28:23,500 present, or birthday gift, or whatever the case may be. 623 00:28:23,500 --> 00:28:25,000 Whether they choose to come back to us 624 00:28:25,000 --> 00:28:27,320 and have that product installed or not 625 00:28:27,320 --> 00:28:28,200 is another question. 626 00:28:28,200 --> 00:28:30,200 Sometimes they do, sometimes they don't. 627 00:28:30,200 --> 00:28:33,680 Yes, we do offer services. 628 00:28:33,680 --> 00:28:37,360 We offer services that we do install here in the store. 629 00:28:37,360 --> 00:28:40,200 We do not need to do detailing and polishing 630 00:28:40,200 --> 00:28:42,760 like is the one and only item. 631 00:28:42,760 --> 00:28:45,880 Within automotive minor, based on your guys' categories, 632 00:28:45,880 --> 00:28:50,080 window tint and things like that that are applied, 633 00:28:50,080 --> 00:28:51,640 there is nothing mechanical about it. 634 00:28:51,640 --> 00:28:53,460 We do not work on internal engines. 635 00:28:53,460 --> 00:28:56,040 We don't open the hoods of people's cars. 636 00:28:56,040 --> 00:28:58,680 That is not the kind of work that we perform. 637 00:28:58,680 --> 00:29:01,440 What we perform is not a lot different than if you went to a, 638 00:29:01,440 --> 00:29:04,760 if you had a business cleaning company, a delivery company, 639 00:29:04,760 --> 00:29:07,880 and you had a commercial van and you took to the fast signs 640 00:29:07,880 --> 00:29:12,240 because you wanted to get some sort of logos or lettering 641 00:29:12,240 --> 00:29:14,340 or anything like that put on the outside windows. 642 00:29:14,340 --> 00:29:16,060 That would be allowed in almost any district. 643 00:29:16,060 --> 00:29:16,900 It's no different. 644 00:29:16,900 --> 00:29:18,660 What we do is no different. 645 00:29:18,660 --> 00:29:20,120 It's absolutely no different. 646 00:29:20,120 --> 00:29:24,960 For all those reasons, and then some, 647 00:29:24,960 --> 00:29:28,120 is why we do feel like we should not have to, 648 00:29:28,120 --> 00:29:32,040 we feel like we should not have to get an SUV for this, 649 00:29:32,040 --> 00:29:36,120 we don't feel as if the determination 650 00:29:36,120 --> 00:29:38,760 was an accurate depiction of our business. 651 00:29:38,760 --> 00:29:42,800 And quite frankly, what I've been told over and over again 652 00:29:42,800 --> 00:29:46,160 is how much that the city of Denton is looking 653 00:29:46,160 --> 00:29:47,880 to revitalize this particular area 654 00:29:47,880 --> 00:29:51,060 and turn it into something much nicer, much higher end 655 00:29:51,060 --> 00:29:53,800 to bring in more retail type of business. 656 00:29:53,800 --> 00:29:56,040 We're exactly the kind of business that you would want 657 00:29:56,040 --> 00:29:59,440 in that market in order to bring those customers in, okay? 658 00:29:59,440 --> 00:30:02,520 We bring traffic, the traffic that we bring to our stores 659 00:30:02,520 --> 00:30:04,440 is a lot of it is your high-end customers, 660 00:30:04,440 --> 00:30:06,640 your customers that drive the Mercedes, the Ferraris, 661 00:30:06,640 --> 00:30:08,760 the McLarens, the Bentleys, they're the ones 662 00:30:08,760 --> 00:30:11,280 that are getting some of this work done to their vehicles. 663 00:30:11,280 --> 00:30:14,620 And our type of business is a kind of business 664 00:30:14,620 --> 00:30:16,920 that will bring that traffic to that area. 665 00:30:16,920 --> 00:30:18,520 If you want to start that process, 666 00:30:18,520 --> 00:30:22,080 my understanding is that it's been in process since 2019, 667 00:30:22,080 --> 00:30:26,020 we'd be a great start in the right direction, okay? 668 00:30:27,040 --> 00:30:29,360 So I'm just gonna run through this with you real quick. 669 00:30:29,360 --> 00:30:31,520 This is just a, I mean, this is probably nothing 670 00:30:31,520 --> 00:30:32,400 that you haven't already seen. 671 00:30:32,400 --> 00:30:35,200 It was in the letter that we provided 672 00:30:35,200 --> 00:30:36,840 for the appeal of the decision. 673 00:30:36,840 --> 00:30:39,240 Tells you a little bit about Tim World. 674 00:30:39,240 --> 00:30:42,060 We started in 1982 with six company locations, 675 00:30:42,060 --> 00:30:44,160 been in franchising since 2007. 676 00:30:44,160 --> 00:30:46,000 We are the now today, the industry leading 677 00:30:46,000 --> 00:30:49,360 automotive franchise opportunity with over 100 locations. 678 00:30:49,360 --> 00:30:51,600 Our centers typically range between four and 6,000 679 00:30:51,600 --> 00:30:55,040 square feet of interior AC space, climate control space. 680 00:30:56,040 --> 00:30:57,320 (clears throat) 681 00:30:57,320 --> 00:31:00,280 Most of our service are completed within one to two hours. 682 00:31:00,280 --> 00:31:02,000 So they can wait, they can drop their vehicle off, 683 00:31:02,000 --> 00:31:02,840 they can return. 684 00:31:02,840 --> 00:31:05,360 We have the luxury of usually getting larger facilities, 685 00:31:05,360 --> 00:31:07,560 so when the vehicles are done, we will leave them inside 686 00:31:07,560 --> 00:31:10,880 till the customer picks it up as to not be a parking burden. 687 00:31:10,880 --> 00:31:14,440 One of the other things that was pointed out by Julie 688 00:31:14,440 --> 00:31:17,280 was when, I believe there was a concern 689 00:31:17,280 --> 00:31:20,120 wrapped around the aesthetics of having overhead doors 690 00:31:20,120 --> 00:31:25,000 that looking inward, what that looks like from the outside. 691 00:31:25,000 --> 00:31:27,800 In this particular location, as is most of our locations 692 00:31:27,800 --> 00:31:31,040 that are retail, the bay door is in the back. 693 00:31:31,040 --> 00:31:32,280 It's not visible from anybody. 694 00:31:32,280 --> 00:31:33,960 It's not visible from the street. 695 00:31:33,960 --> 00:31:36,040 It poses no threat to traffic. 696 00:31:36,040 --> 00:31:39,960 You know, I haven't, like I told you, I live in Florida. 697 00:31:39,960 --> 00:31:41,840 I don't live here, but I have been to this location 698 00:31:41,840 --> 00:31:43,320 a couple times. 699 00:31:43,320 --> 00:31:44,960 My understanding from what I can see there, 700 00:31:44,960 --> 00:31:46,520 I don't even believe there's sidewalks there, 701 00:31:46,520 --> 00:31:48,560 so I don't think that pedestrian traffic 702 00:31:48,560 --> 00:31:51,440 and bicycle traffic is really gonna be an issue, 703 00:31:51,440 --> 00:31:52,760 'cause I don't even believe there's a sidewalk 704 00:31:52,760 --> 00:31:53,600 to walk on over there. 705 00:31:53,600 --> 00:31:55,040 Am I correct about that? 706 00:31:55,040 --> 00:31:56,080 Right. 707 00:31:56,080 --> 00:31:58,200 So I don't think that would even be something 708 00:31:58,200 --> 00:32:00,440 that would be relevant to this. 709 00:32:00,440 --> 00:32:04,280 We have, our typical store has roughly about four employees. 710 00:32:04,280 --> 00:32:06,720 You can see here that these are these services 711 00:32:06,720 --> 00:32:08,040 that you're looking at on the screen right now. 712 00:32:08,040 --> 00:32:10,560 These are what we would consider our core services. 713 00:32:10,560 --> 00:32:12,720 And again, everything for us is adjustable 714 00:32:12,720 --> 00:32:14,600 based on the location. 715 00:32:14,600 --> 00:32:16,640 Every different municipality that we deal with 716 00:32:16,640 --> 00:32:19,480 has different criteria and different things they allow. 717 00:32:19,480 --> 00:32:21,880 For example, like she mentioned detailing 718 00:32:21,880 --> 00:32:24,680 with our grapevine location, that is a location that does it. 719 00:32:24,680 --> 00:32:26,960 The colony does it, Rowlett does not. 720 00:32:26,960 --> 00:32:28,640 Ben Brook, we have one in Ben Brook 721 00:32:28,640 --> 00:32:29,920 that's recently opened in Fort Worth. 722 00:32:29,920 --> 00:32:31,200 They are allowed to do it. 723 00:32:31,200 --> 00:32:33,440 But we have that versatility to be able to allow it 724 00:32:33,440 --> 00:32:35,240 or not allow it based on what we are, 725 00:32:35,240 --> 00:32:38,180 based on what the allowable uses are at that location. 726 00:32:38,180 --> 00:32:41,760 40 plus years of success. 727 00:32:41,760 --> 00:32:44,320 We currently have over 100 stores open. 728 00:32:44,320 --> 00:32:46,880 We've got 50 plus that are gonna open this year. 729 00:32:46,880 --> 00:32:49,560 We're targeted for 300 locations nationwide 730 00:32:49,560 --> 00:32:50,880 by the end of 2025. 731 00:32:50,880 --> 00:32:52,960 We're operating currently in 35 states. 732 00:32:52,960 --> 00:32:55,560 We're operating in Canada, Saudi Arabia, and Dubai. 733 00:32:55,560 --> 00:32:59,360 This is the building, right here, a picture of the building, 734 00:32:59,360 --> 00:33:00,800 which I also think is important. 735 00:33:00,800 --> 00:33:03,560 This building is already very aesthetically pleasing 736 00:33:03,560 --> 00:33:05,160 on the outside. 737 00:33:05,160 --> 00:33:07,120 This is what the building would look like with, 738 00:33:07,120 --> 00:33:09,520 some of it would look like with our signage on it, 739 00:33:09,520 --> 00:33:12,560 would fit right in with the community. 740 00:33:12,560 --> 00:33:18,680 We have a very in-depth center design process 741 00:33:18,680 --> 00:33:21,400 as I'm sure that has been presented with our 742 00:33:21,400 --> 00:33:22,720 architectural plans that we submitted 743 00:33:22,720 --> 00:33:24,720 for the interior space build out 744 00:33:24,720 --> 00:33:26,760 and the video that you guys just watched. 745 00:33:26,760 --> 00:33:30,520 Awards of, you know, some different things that, you know, 746 00:33:30,520 --> 00:33:32,020 just some pictures of different buildings. 747 00:33:32,020 --> 00:33:34,220 You guys have already seen that on the video. 748 00:33:34,220 --> 00:33:39,360 You can see that, you know, looking at some of these pictures, 749 00:33:39,360 --> 00:33:41,040 like this is some of the vehicles that we, you know, 750 00:33:41,040 --> 00:33:42,440 that we bring, the kind of customers 751 00:33:42,440 --> 00:33:44,800 that we bring to our locations. 752 00:33:44,800 --> 00:33:46,680 The work that we do is extremely high end. 753 00:33:46,680 --> 00:33:49,200 We are not your stereotypical automotive repair shop, 754 00:33:49,200 --> 00:33:50,760 not in any way whatsoever, 755 00:33:50,760 --> 00:33:53,840 as we don't do any automotive repair work at all. 756 00:33:53,840 --> 00:33:55,400 We do have, like I mentioned before, 757 00:33:55,400 --> 00:33:57,840 we have 12 or 13 locations across the country 758 00:33:57,840 --> 00:34:00,280 that are in your stereotypical automotive repair shops 759 00:34:00,280 --> 00:34:02,360 and we have the option to add on auto repair 760 00:34:02,360 --> 00:34:04,920 for those locations where it's possible. 761 00:34:04,920 --> 00:34:07,280 But by no means is it a mandatory service 762 00:34:07,280 --> 00:34:09,540 anywhere within our franchise. 763 00:34:09,540 --> 00:34:11,120 You can see here, again, just some pictures 764 00:34:11,120 --> 00:34:13,720 of what our showrooms look like, very high end. 765 00:34:13,720 --> 00:34:15,680 It's not really, it's on a smaller scale. 766 00:34:15,680 --> 00:34:17,200 It's not a lot different from what you would see 767 00:34:17,200 --> 00:34:18,120 at a normal Best Buy. 768 00:34:18,120 --> 00:34:20,320 You're able to go in, purchase products, 769 00:34:20,320 --> 00:34:24,360 and even in Best Buy, they do have car installation centers 770 00:34:24,360 --> 00:34:25,240 inside their Best Buys. 771 00:34:25,240 --> 00:34:27,400 You can pick, you can choose to pick the product up in LEED. 772 00:34:27,400 --> 00:34:29,560 You can choose to have it installed there at the Best Buy. 773 00:34:29,560 --> 00:34:31,640 We are not really any different than that. 774 00:34:31,640 --> 00:34:36,560 Here's some more pictures of our interior of our spaces. 775 00:34:36,560 --> 00:34:38,560 A lot of it's what you've already seen. 776 00:34:45,680 --> 00:34:47,640 This is just some of our awards. 777 00:34:47,640 --> 00:34:50,640 We're ranked number one in category 2021. 778 00:34:50,640 --> 00:34:53,080 Top global franchise in 2021. 779 00:34:53,080 --> 00:34:57,080 We've been reviewed every year by our own franchise system 780 00:34:57,080 --> 00:34:59,520 and we get top awards by our own franchise system 781 00:34:59,520 --> 00:35:03,040 for how our franchise is built and how it operates. 782 00:35:03,040 --> 00:35:09,560 This is what your typical grand opening would look like. 783 00:35:09,560 --> 00:35:13,400 I got a couple more pictures of our space. 784 00:35:13,400 --> 00:35:17,400 I thought this was actually important. 785 00:35:17,400 --> 00:35:19,520 Julie had mentioned Grapevine. 786 00:35:19,520 --> 00:35:22,640 This is a letter that we obtained a while ago 787 00:35:22,640 --> 00:35:25,400 back from a neighbor that shared the building 788 00:35:25,400 --> 00:35:27,800 with our 10 World in Grapevine. 789 00:35:27,800 --> 00:35:30,760 And basically what this says is that 790 00:35:30,760 --> 00:35:33,280 they've been next to us for quite some time. 791 00:35:33,280 --> 00:35:35,280 They've never been disrupted by any of our services. 792 00:35:35,280 --> 00:35:37,840 We're never any excessive noise or disturbance of any kind. 793 00:35:37,840 --> 00:35:39,920 We run a very clean operation. 794 00:35:39,920 --> 00:35:41,480 We don't create any excessive trash 795 00:35:41,480 --> 00:35:43,440 in the parking lot or dumpster area. 796 00:35:43,440 --> 00:35:45,400 We maintain our space very, very nicely 797 00:35:45,400 --> 00:35:46,600 as you can see from the photos 798 00:35:46,600 --> 00:35:48,600 and the video that you guys just watched. 799 00:35:48,600 --> 00:35:50,960 We are always very respectful 800 00:35:50,960 --> 00:35:52,680 to any of the patrons in the area. 801 00:35:52,680 --> 00:35:55,000 We maintain a high level of professionalism 802 00:35:55,000 --> 00:35:58,000 and overall they enjoy sharing the space with us. 803 00:35:58,000 --> 00:35:59,240 It's also fun for them and interesting 804 00:35:59,240 --> 00:36:00,360 to see the exciting vehicles 805 00:36:00,360 --> 00:36:02,320 that we have at our shop all the time. 806 00:36:02,320 --> 00:36:05,320 So I thought that was important to show 807 00:36:05,320 --> 00:36:06,160 and it happened to be that, 808 00:36:06,160 --> 00:36:09,160 and this is our corporate staff. 809 00:36:09,160 --> 00:36:12,360 I don't know if that doesn't want to get their photo. 810 00:36:12,360 --> 00:36:13,720 - They all look very nice. 811 00:36:13,720 --> 00:36:17,000 - Anyway, so that's my presentation 812 00:36:17,000 --> 00:36:19,200 and I'm happy to answer any questions you guys have 813 00:36:19,200 --> 00:36:20,040 if you have any. 814 00:36:20,040 --> 00:36:24,200 - Questions for the applicant? 815 00:36:24,200 --> 00:36:26,360 - I do actually. - Go ahead, sure. 816 00:36:26,360 --> 00:36:28,160 - So I was just, and there's no question 817 00:36:28,160 --> 00:36:30,080 you have a very successful company 818 00:36:30,080 --> 00:36:31,040 that you're representing. 819 00:36:31,040 --> 00:36:31,880 It looks awesome. 820 00:36:31,880 --> 00:36:33,320 The buildings look awesome. 821 00:36:33,320 --> 00:36:34,400 - Thank you. 822 00:36:34,400 --> 00:36:36,520 - But I wanted to know, 823 00:36:36,520 --> 00:36:37,560 because it's my understanding 824 00:36:37,560 --> 00:36:38,800 that we're making a decision 825 00:36:38,800 --> 00:36:41,040 based on some very technical definitions 826 00:36:41,040 --> 00:36:44,400 that don't necessarily account 827 00:36:44,400 --> 00:36:46,200 for how successful a company is. 828 00:36:46,200 --> 00:36:47,360 - Agreed. 829 00:36:47,360 --> 00:36:51,920 - I'm wondering if you had to do the specific use permit, 830 00:36:51,920 --> 00:36:53,800 what is the concern with that? 831 00:36:53,800 --> 00:37:00,000 - In all honesty, it's not that it's a huge concern 832 00:37:00,000 --> 00:37:01,560 rather than the fact that I just, 833 00:37:01,560 --> 00:37:05,800 based on this building and where this is located currently, 834 00:37:05,800 --> 00:37:10,280 what is around it and what you guys are going for 835 00:37:10,280 --> 00:37:12,200 in this revitalization in this area, 836 00:37:12,200 --> 00:37:14,000 I think that we fit in very well 837 00:37:14,000 --> 00:37:16,520 without getting a special use permit. 838 00:37:16,520 --> 00:37:19,280 There is obviously some concern 839 00:37:19,280 --> 00:37:22,680 wrapped around the cost of an SUP 840 00:37:22,680 --> 00:37:24,200 for this particular area. 841 00:37:24,200 --> 00:37:26,920 The cost here for a special use permit 842 00:37:26,920 --> 00:37:30,880 is more than nine times what it is anywhere else 843 00:37:30,880 --> 00:37:33,760 in the country that I've gotten an SUP anywhere. 844 00:37:33,760 --> 00:37:36,720 A typical SUP process cost me somewhere between six 845 00:37:36,720 --> 00:37:41,200 and $1,200 and here it is over 8,000 in the city of Denver. 846 00:37:41,200 --> 00:37:46,600 My franchisee did spend some time on the phone 847 00:37:46,600 --> 00:37:51,040 with somebody from staff, and I don't know who that was, 848 00:37:51,040 --> 00:37:56,000 and that person basically told my franchisee 849 00:37:56,000 --> 00:37:57,480 that you can go ahead and apply for the SUP 850 00:37:57,480 --> 00:37:59,320 but you're probably not gonna get it. 851 00:38:02,680 --> 00:38:05,960 I am not a big gambling man, 852 00:38:05,960 --> 00:38:08,800 but I will tell you that I don't really have a problem 853 00:38:08,800 --> 00:38:11,400 gambling on six or $1,200 but when you're talking 854 00:38:11,400 --> 00:38:14,880 about $8,500 on something that we feel, 855 00:38:14,880 --> 00:38:16,360 based on the decision, should have been approved 856 00:38:16,360 --> 00:38:19,560 from the get-go is a very big gamble 857 00:38:19,560 --> 00:38:23,280 when you have people from that department 858 00:38:23,280 --> 00:38:25,080 already telling you that you're not gonna get approved 859 00:38:25,080 --> 00:38:26,460 if you do it. 860 00:38:26,460 --> 00:38:31,120 Quite frankly, we've got a lot of time and money 861 00:38:31,120 --> 00:38:33,680 already invested into this space based on information 862 00:38:33,680 --> 00:38:35,960 that we were provided in the upfront 863 00:38:35,960 --> 00:38:37,960 before we submitted our plans. 864 00:38:37,960 --> 00:38:42,960 And to take a gamble on yet another $8,500, 865 00:38:42,960 --> 00:38:48,200 quite frankly, is gonna take a very, very nice 866 00:38:48,200 --> 00:38:51,640 pair of business owners who are trying 867 00:38:51,640 --> 00:38:55,040 to do something for themselves, for their future, 868 00:38:55,040 --> 00:38:58,800 and it's gonna be a very immense financial burden. 869 00:38:58,800 --> 00:39:01,720 It's also gonna be a burden for Mr. Weathered over there 870 00:39:01,720 --> 00:39:04,440 who owns this property and it's been vacant 871 00:39:04,440 --> 00:39:08,920 for some time, and an SEP process takes a little while. 872 00:39:08,920 --> 00:39:13,040 So there's a couple of issues wrapped around it. 873 00:39:13,040 --> 00:39:17,600 Not that we couldn't apply for the SEP, it is possible. 874 00:39:17,600 --> 00:39:19,840 It is possible to do, but it's not an area 875 00:39:19,840 --> 00:39:22,180 that we really feel that we should have to. 876 00:39:22,180 --> 00:39:25,680 That's it. 877 00:39:25,680 --> 00:39:28,120 - No, you go ahead. 878 00:39:28,120 --> 00:39:30,760 What services were you planning to provide there initially 879 00:39:30,760 --> 00:39:32,280 before any of this came up? 880 00:39:32,280 --> 00:39:38,200 - We always are told, when we discuss our use 881 00:39:38,200 --> 00:39:42,080 with the city, the city usually gives us conditions 882 00:39:42,080 --> 00:39:43,960 on what we can and can't do. 883 00:39:43,960 --> 00:39:46,200 So we will do, the services that we typically do, 884 00:39:46,200 --> 00:39:48,600 our core services is window tinting, 885 00:39:48,600 --> 00:39:53,040 paint protection film, vinyl wraps, 12-volt accessories, 886 00:39:53,040 --> 00:39:56,160 which is like, if your radio breaks in your car, 887 00:39:56,160 --> 00:39:58,720 you come in, you have your radio taken out and replaced, 888 00:39:58,720 --> 00:40:00,080 or your speakers taken out and replaced, 889 00:40:00,080 --> 00:40:01,440 very quick in and out services. 890 00:40:01,440 --> 00:40:03,440 They're usually plug and play. 891 00:40:03,440 --> 00:40:06,800 There's not a bunch of immense wiring 892 00:40:06,800 --> 00:40:09,320 and disassembling of vehicles going on 893 00:40:09,320 --> 00:40:10,360 in our type of business. 894 00:40:10,360 --> 00:40:11,280 That's not what we do. 895 00:40:11,280 --> 00:40:12,320 That's not what we're here for. 896 00:40:12,320 --> 00:40:15,200 There is custom shops out there that do that. 897 00:40:15,200 --> 00:40:19,720 There is lots of one-off custom car stereos 898 00:40:19,720 --> 00:40:23,080 that they build these massive stereo systems for customers 899 00:40:23,080 --> 00:40:25,880 and they're wiring cars for weeks and months on end. 900 00:40:25,880 --> 00:40:27,600 That's not the business that we're in. 901 00:40:27,600 --> 00:40:29,600 We are in the, we are in what you would call 902 00:40:29,600 --> 00:40:31,880 the quick replacement category. 903 00:40:31,880 --> 00:40:35,120 Like I was saying, not much different from the Best Buy. 904 00:40:35,120 --> 00:40:38,960 Okay, so window tinting, paint protection film, 905 00:40:38,960 --> 00:40:40,920 vehicle wraps, car stereo, 906 00:40:40,920 --> 00:40:47,000 any kind of, any kind of, you know, coating, 907 00:40:47,000 --> 00:40:50,120 you know, film type coating, windshield protection. 908 00:40:50,120 --> 00:40:53,200 You know, that's the best services that, 909 00:40:53,200 --> 00:40:54,280 those are our core services. 910 00:40:54,280 --> 00:40:56,560 That's what we do on a daily basis, you know? 911 00:40:56,560 --> 00:40:58,400 And it's also, I think it's also important to, you know, 912 00:40:58,400 --> 00:41:03,400 to note that just taking the Dallas market on its own, 913 00:41:03,400 --> 00:41:07,760 we have, we have currently five, 914 00:41:07,760 --> 00:41:09,120 this is going to be store number six. 915 00:41:09,120 --> 00:41:11,480 We have another one opening two, it'll be seven locations. 916 00:41:11,480 --> 00:41:13,680 And our stores do an average in this market 917 00:41:13,680 --> 00:41:17,120 or do an average of about $1.45 million a year of revenue. 918 00:41:17,120 --> 00:41:19,920 You know, and that's, and that generates, 919 00:41:19,920 --> 00:41:21,320 it generates a lot of revenue for the, you know, 920 00:41:21,320 --> 00:41:23,760 for the city as well, you know? 921 00:41:23,760 --> 00:41:27,200 So I also think that's important to whatever extent. 922 00:41:27,200 --> 00:41:30,520 - Were you planning on doing the polishing and the-- 923 00:41:30,520 --> 00:41:31,360 - Detail. 924 00:41:31,360 --> 00:41:33,880 - The detail before this happened? 925 00:41:33,880 --> 00:41:36,520 - If it's something that we were allowed to do, sure. 926 00:41:36,520 --> 00:41:38,280 But we don't, but it's not, 927 00:41:38,280 --> 00:41:40,840 it's not one of our core services. 928 00:41:40,840 --> 00:41:41,680 - Okay. 929 00:41:41,680 --> 00:41:50,080 - So my question was one, it could be his question. 930 00:41:50,080 --> 00:41:52,240 So I'll go to my second one. 931 00:41:53,640 --> 00:41:56,040 - According to your information that you presented, 932 00:41:56,040 --> 00:42:00,120 you said that at least one or more overhead doors 933 00:42:00,120 --> 00:42:03,080 and you had indicated it was going to be in the back 934 00:42:03,080 --> 00:42:04,840 rather than a drive-through. 935 00:42:04,840 --> 00:42:05,680 - Yes. 936 00:42:05,680 --> 00:42:08,320 - Where is it coming into or out of? 937 00:42:08,320 --> 00:42:10,080 - It's in the, at the entrance to the, 938 00:42:10,080 --> 00:42:11,880 the entrance to the, what you would consider the shop, 939 00:42:11,880 --> 00:42:14,720 the quote unquote shop area is in the back of the building. 940 00:42:14,720 --> 00:42:16,400 So you would drive around the side of the building 941 00:42:16,400 --> 00:42:18,960 to the back, it would enter the vehicle there. 942 00:42:18,960 --> 00:42:21,240 The vehicle stays inside parked for an hour or two, 943 00:42:21,240 --> 00:42:22,640 whatever it takes for us to do the service. 944 00:42:22,640 --> 00:42:24,360 And then it's pulled back out and parked 945 00:42:24,360 --> 00:42:25,800 when the customer comes to pick it up. 946 00:42:25,800 --> 00:42:26,640 - Okay. 947 00:42:26,640 --> 00:42:29,880 I drive south Elm every day. 948 00:42:29,880 --> 00:42:32,560 - It's the, it's the old twisted body studio. 949 00:42:32,560 --> 00:42:33,400 - Yeah. 950 00:42:33,400 --> 00:42:35,320 Now I know exactly which building it is. 951 00:42:35,320 --> 00:42:36,680 - Me too. 952 00:42:36,680 --> 00:42:40,520 - You drive in and then you try and drive out. 953 00:42:40,520 --> 00:42:41,600 - Yes. 954 00:42:41,600 --> 00:42:42,760 As we do- - In the same way? 955 00:42:42,760 --> 00:42:44,640 - Yeah, as we do with all of our stores. 956 00:42:44,640 --> 00:42:47,000 - And you don't go the wrong way on Elm? 957 00:42:47,000 --> 00:42:49,240 - The wrong way on Elm? 958 00:42:49,240 --> 00:42:50,800 - It's a one-way. - It's a one-way? 959 00:42:50,800 --> 00:42:52,520 - It's a one-way, right. 960 00:42:52,520 --> 00:42:55,840 And I say that because there is a body shop 961 00:42:55,840 --> 00:42:58,440 that is on a one-way street and it's a body shop, 962 00:42:58,440 --> 00:43:00,560 but I'm not saying the truth is, 963 00:43:00,560 --> 00:43:04,120 that pulls out regularly the wrong way 964 00:43:04,120 --> 00:43:06,840 because it's easier to get to their customers. 965 00:43:06,840 --> 00:43:09,760 So I'm looking at how you do that. 966 00:43:09,760 --> 00:43:12,560 - Yeah, I'm not sure if I'm following that. 967 00:43:12,560 --> 00:43:14,480 - Well, it's a, I'm sorry. 968 00:43:14,480 --> 00:43:15,320 - Go ahead. 969 00:43:15,320 --> 00:43:16,280 You know exactly what I'm talking about. 970 00:43:16,280 --> 00:43:21,000 - Well, it's a trend that happens right there. 971 00:43:22,480 --> 00:43:25,160 And I want to say it's a little bit more north on the Elm 972 00:43:25,160 --> 00:43:30,160 that it happens and they just pull out there all the time. 973 00:43:30,160 --> 00:43:33,920 There's been several accidents right there, actually, 974 00:43:33,920 --> 00:43:35,480 just like cars being clipped. 975 00:43:35,480 --> 00:43:40,960 - Yeah, so is the drive on the right-hand side 976 00:43:40,960 --> 00:43:41,800 of that building? 977 00:43:41,800 --> 00:43:44,240 - So the drive is on this side of the building. 978 00:43:44,240 --> 00:43:46,880 Okay, you drive down that side of the building 979 00:43:46,880 --> 00:43:48,840 and then there's a very large area in the back 980 00:43:48,840 --> 00:43:51,120 that you would turn into and then you would enter 981 00:43:51,120 --> 00:43:52,880 the back of the building back there. 982 00:43:52,880 --> 00:43:54,680 You enter the building in there. 983 00:43:54,680 --> 00:43:56,960 When the vehicle is done, it would back right back out 984 00:43:56,960 --> 00:43:58,880 and it would be pulled out to here for the customer 985 00:43:58,880 --> 00:43:59,720 to leave with the vehicle. 986 00:43:59,720 --> 00:44:00,560 - And then to go-- 987 00:44:00,560 --> 00:44:02,280 - And then they would go, would do whatever the corrector, 988 00:44:02,280 --> 00:44:03,640 I mean, I don't remember what the correct direction-- 989 00:44:03,640 --> 00:44:05,800 - Yes, it's that way. 990 00:44:05,800 --> 00:44:07,820 So they would not be able to, 991 00:44:07,820 --> 00:44:13,880 an employee or a customer pull around to the right 992 00:44:13,880 --> 00:44:15,600 because there's no traffic coming. 993 00:44:15,600 --> 00:44:18,160 So it's only, I'm only going in the parking lot. 994 00:44:18,160 --> 00:44:19,120 - No, no. 995 00:44:19,120 --> 00:44:23,040 - But first of all, customers do not ever pull their vehicle 996 00:44:23,040 --> 00:44:24,160 into the shop themselves. 997 00:44:24,160 --> 00:44:26,320 That is not the case, okay? 998 00:44:26,320 --> 00:44:29,520 The customer comes in, they park in the designated 999 00:44:29,520 --> 00:44:31,560 parking spaces in the front, okay? 1000 00:44:31,560 --> 00:44:34,040 When they're electing to get services done at the facility, 1001 00:44:34,040 --> 00:44:35,360 they would come in, they would hand us their, 1002 00:44:35,360 --> 00:44:36,200 they would fill out a work order, 1003 00:44:36,200 --> 00:44:37,560 they would hand us their keys. 1004 00:44:37,560 --> 00:44:40,080 We would take their vehicle and our employees would back out 1005 00:44:40,080 --> 00:44:42,240 which these parking spaces are angled, okay? 1006 00:44:42,240 --> 00:44:44,780 They would back out so there's not a way to really back out 1007 00:44:44,780 --> 00:44:46,360 this way and go the wrong way. 1008 00:44:46,360 --> 00:44:48,160 Not to mention there's no access to the building 1009 00:44:48,160 --> 00:44:49,220 that way anyway. 1010 00:44:49,220 --> 00:44:52,100 So they would pull out from here and they would pull in 1011 00:44:52,100 --> 00:44:54,300 down the drive to the back of the building. 1012 00:44:54,300 --> 00:44:56,320 And that would be our employees that would be pulling 1013 00:44:56,320 --> 00:44:58,320 a customer's vehicle in, not a customer. 1014 00:44:58,320 --> 00:45:01,480 A customer would never, in any scenario or circumstance, 1015 00:45:01,480 --> 00:45:04,560 be pulling their own vehicle into our building. 1016 00:45:04,560 --> 00:45:08,360 - So then the vehicle being worked on, 1017 00:45:08,360 --> 00:45:11,800 getting whatever it is, goes all the way to the back, 1018 00:45:11,800 --> 00:45:15,400 it gets finished, your employees or the employee 1019 00:45:15,400 --> 00:45:18,560 of the franchising would pull it up to the front 1020 00:45:18,560 --> 00:45:21,920 and then that customer would get in the car and leave. 1021 00:45:21,920 --> 00:45:22,760 - That's correct. 1022 00:45:22,760 --> 00:45:24,600 - At that point they've paid, they've done everything, 1023 00:45:24,600 --> 00:45:25,440 they're waiting there. 1024 00:45:25,440 --> 00:45:26,280 - That's correct. 1025 00:45:26,280 --> 00:45:30,860 - No cars that have been worked on are ever pulled 1026 00:45:30,860 --> 00:45:32,280 to the front and left? 1027 00:45:32,280 --> 00:45:35,640 - No, not in this scenario. 1028 00:45:35,640 --> 00:45:37,120 There's limited parking in the front. 1029 00:45:37,120 --> 00:45:39,000 So the limited parking in the front would be 1030 00:45:39,000 --> 00:45:42,360 for the incoming consumers and there would be, 1031 00:45:42,360 --> 00:45:44,140 the cars would be, when they're finished, 1032 00:45:44,140 --> 00:45:46,280 they either remain inside 'til they're picked up 1033 00:45:46,280 --> 00:45:48,460 or they will be in the back of the building 1034 00:45:48,460 --> 00:45:50,360 and then they'll be pulled to the front. 1035 00:45:50,360 --> 00:45:52,200 From this drive, they will be pulled to the front 1036 00:45:52,200 --> 00:45:54,280 where the customer can meet, after they've paid their bill, 1037 00:45:54,280 --> 00:45:56,320 they can meet the employee and take their keys 1038 00:45:56,320 --> 00:45:58,840 and then they can proceed out into the street. 1039 00:45:58,840 --> 00:46:01,480 - How many cars can, would, after you redesign it, 1040 00:46:01,480 --> 00:46:04,740 can fit in the building and how many can sit outside 1041 00:46:04,740 --> 00:46:09,740 the building in the back, like what's the area back there? 1042 00:46:09,740 --> 00:46:12,460 - You would be able to fit roughly about four, 1043 00:46:12,460 --> 00:46:15,360 probably about four cars in the back as far as holding 1044 00:46:15,360 --> 00:46:17,560 in the back behind the building. 1045 00:46:17,560 --> 00:46:22,080 But the proposed interior shop space is roughly, 1046 00:46:22,080 --> 00:46:24,880 I believe, about 35 or 3800 square feet 1047 00:46:24,880 --> 00:46:27,840 after the renovation is done, something to that effect. 1048 00:46:27,840 --> 00:46:30,760 We work on, remember we have, if you remember from, 1049 00:46:30,760 --> 00:46:31,820 you know, from in this presentation, 1050 00:46:31,820 --> 00:46:33,320 we have roughly four employees. 1051 00:46:33,320 --> 00:46:36,320 So we might be working on two or three cars at a time. 1052 00:46:36,320 --> 00:46:38,400 So there's more than enough, there's enough space 1053 00:46:38,400 --> 00:46:40,060 inside the building for probably anywhere 1054 00:46:40,060 --> 00:46:41,720 between eight and 10 cars. 1055 00:46:41,720 --> 00:46:44,000 So as we're working on three, you'll have three or four 1056 00:46:44,000 --> 00:46:46,760 that'll be sitting in there waiting to be picked up 1057 00:46:46,760 --> 00:46:49,760 and then we'll pull them out when the customer picks them up. 1058 00:46:49,760 --> 00:46:55,560 - Is there any odor to your business? 1059 00:46:55,560 --> 00:46:59,380 - No, no, we use no odorous chemicals. 1060 00:46:59,380 --> 00:47:01,320 We don't use chemicals at all. 1061 00:47:01,320 --> 00:47:03,640 You know, window film and paint protection film 1062 00:47:03,640 --> 00:47:05,040 is applied to soap and water. 1063 00:47:05,040 --> 00:47:08,560 So it's in a spray bottle of soap and water 1064 00:47:08,560 --> 00:47:11,440 that gets sprayed on, the film gets put on 1065 00:47:11,440 --> 00:47:12,400 and sweeps you down. 1066 00:47:12,400 --> 00:47:14,920 - And I heard you say that detailing isn't a major part. 1067 00:47:14,920 --> 00:47:16,160 Is that your bread and butter? 1068 00:47:16,160 --> 00:47:17,820 - It's not even close, no. 1069 00:47:17,820 --> 00:47:21,160 - So is that something, city staff, 1070 00:47:21,160 --> 00:47:26,160 that if we, can we put conditions on our approval? 1071 00:47:26,160 --> 00:47:27,800 I know we could on P and Z. 1072 00:47:27,800 --> 00:47:30,800 Is this like an all or nothing thing with CVA? 1073 00:47:30,800 --> 00:47:33,000 - So what you're being asked to assess 1074 00:47:33,000 --> 00:47:36,160 is whether the use being described is more like 1075 00:47:36,160 --> 00:47:39,840 general retail or something else or auto repair. 1076 00:47:40,680 --> 00:47:44,320 If you decide this use is more like auto repair, 1077 00:47:44,320 --> 00:47:48,800 then that would shunt it into a SUP process. 1078 00:47:48,800 --> 00:47:51,120 So this really isn't the right form 1079 00:47:51,120 --> 00:47:54,040 to place conditions on the use, 1080 00:47:54,040 --> 00:47:56,880 but if you're, in your decision, 1081 00:47:56,880 --> 00:47:59,880 you wanna make a recommendation to planning and zoning, 1082 00:47:59,880 --> 00:48:01,880 that could carry forward, but it wouldn't, 1083 00:48:01,880 --> 00:48:04,280 how would you need to do more research 1084 00:48:04,280 --> 00:48:06,400 to confirm whether it was like binding? 1085 00:48:07,540 --> 00:48:10,800 - So we, so to, if I understand you correctly, 1086 00:48:10,800 --> 00:48:15,800 we are, we are, our task today is to rule 1087 00:48:15,800 --> 00:48:20,560 on the administrative ruling, 1088 00:48:20,560 --> 00:48:22,520 whether that was correct or not. 1089 00:48:22,520 --> 00:48:25,020 - Yes, we're not necessarily here to address 1090 00:48:25,020 --> 00:48:25,860 whether or not-- 1091 00:48:25,860 --> 00:48:29,160 - We couldn't put conditions on the approval of, 1092 00:48:29,160 --> 00:48:31,240 we could say it's retail, 1093 00:48:31,240 --> 00:48:33,400 and then they could do retail things, 1094 00:48:33,400 --> 00:48:36,040 or we could say it's light automotive. 1095 00:48:37,360 --> 00:48:40,600 - Are there any other automotive categories in this one? 1096 00:48:40,600 --> 00:48:41,440 - Sorry. 1097 00:48:41,440 --> 00:48:42,280 - Automotive, minor automotive. 1098 00:48:42,280 --> 00:48:43,100 - That's the issue. 1099 00:48:43,100 --> 00:48:43,940 - That's the problem. 1100 00:48:43,940 --> 00:48:46,600 - Automotive, minor, and automotive, major, I guess. 1101 00:48:46,600 --> 00:48:47,440 - Can I clear that? 1102 00:48:47,440 --> 00:48:48,280 - I'm sorry. 1103 00:48:48,280 --> 00:48:49,100 - Yep. 1104 00:48:49,100 --> 00:48:49,940 - I was gonna say, to address your question, 1105 00:48:49,940 --> 00:48:52,440 so we have the automotive repair minor, 1106 00:48:52,440 --> 00:48:54,720 and then we have the automotive repair major. 1107 00:48:54,720 --> 00:48:56,800 So items that are not classified, 1108 00:48:56,800 --> 00:48:59,440 and my apologies, Tina Bergen's planning director. 1109 00:48:59,440 --> 00:49:02,640 So items that, you know, we have the definition 1110 00:49:02,640 --> 00:49:04,040 that we included in your packet. 1111 00:49:04,040 --> 00:49:07,240 So we looked at the examples that are defined, 1112 00:49:07,240 --> 00:49:10,120 related to the use, to help provide the parameters 1113 00:49:10,120 --> 00:49:11,960 for classifying uses. 1114 00:49:11,960 --> 00:49:13,560 One of the things that's noted in there 1115 00:49:13,560 --> 00:49:16,960 is that paint and body work is excluded. 1116 00:49:16,960 --> 00:49:21,120 So we typically have an automotive repair major category, 1117 00:49:21,120 --> 00:49:24,080 which then would allow for the more intensive operations, 1118 00:49:24,080 --> 00:49:24,920 not going to compromise. 1119 00:49:24,920 --> 00:49:26,840 Do we have a separate paint and body classification 1120 00:49:26,840 --> 00:49:27,680 in these? 1121 00:49:27,680 --> 00:49:29,420 - No, that falls under automotive repair major. 1122 00:49:29,420 --> 00:49:30,880 - Okay, so it falls under the major. 1123 00:49:30,880 --> 00:49:33,640 So we have the minor and the major, 1124 00:49:33,640 --> 00:49:35,520 because we recognize that there are a variety 1125 00:49:35,520 --> 00:49:37,800 of different activities associated with automotive 1126 00:49:37,800 --> 00:49:38,880 related businesses. 1127 00:49:38,880 --> 00:49:40,640 Some are much more intensive operations, 1128 00:49:40,640 --> 00:49:45,440 like repairing a transmission, doing paint and body work, 1129 00:49:45,440 --> 00:49:47,280 which typically has an odor associated with, 1130 00:49:47,280 --> 00:49:49,800 because of the paint booth that's generally involved. 1131 00:49:49,800 --> 00:49:52,000 So those more intensive operations fall 1132 00:49:52,000 --> 00:49:54,920 into the major category, the lesser intensive operations 1133 00:49:54,920 --> 00:49:56,800 fall into the minor category. 1134 00:49:56,800 --> 00:49:58,720 And I know Julie, in part of her presentation, 1135 00:49:58,720 --> 00:50:02,240 had on her slide, there are some other auto-related 1136 00:50:02,240 --> 00:50:05,840 type uses, I think Auto-Wash was one. 1137 00:50:05,840 --> 00:50:08,280 I don't know if it was listed in the staff reddit. 1138 00:50:08,280 --> 00:50:14,320 We have Auto-Wash, we have Auto-Fuel Sales, 1139 00:50:14,320 --> 00:50:16,520 which is typically associated with, 1140 00:50:16,520 --> 00:50:18,760 like your gas station convenience stores, if you will. 1141 00:50:18,760 --> 00:50:20,880 And then we have the automotive repair shop. 1142 00:50:20,880 --> 00:50:24,380 So it's, while we have some uses identified, 1143 00:50:24,380 --> 00:50:27,560 we try to rely upon also definitions of categories, 1144 00:50:27,560 --> 00:50:29,200 because we recognize that it's difficult 1145 00:50:29,200 --> 00:50:32,400 to provide a complete exhaustive use of all 1146 00:50:32,400 --> 00:50:34,560 of the functions and activities that might occur 1147 00:50:34,560 --> 00:50:36,960 associated with an automotive related business. 1148 00:50:36,960 --> 00:50:41,120 - To your point, you made some very valid points, 1149 00:50:41,120 --> 00:50:43,640 and to your point, what you have listed 1150 00:50:43,640 --> 00:50:47,480 in automotive repair minor, all of those services, 1151 00:50:47,480 --> 00:50:49,720 every single one of those services are services 1152 00:50:49,720 --> 00:50:53,320 that are environmentally impactful, okay? 1153 00:50:53,320 --> 00:50:57,360 Oil changes, tire repairs, any kind of fluid changes, 1154 00:50:57,360 --> 00:51:00,720 you're correct where it comes to detailing and washing. 1155 00:51:00,720 --> 00:51:02,520 Most of these have an environmental impact 1156 00:51:02,520 --> 00:51:04,960 where they require oil water separators 1157 00:51:04,960 --> 00:51:06,720 and things like that in the ground, 1158 00:51:06,720 --> 00:51:10,640 and contamination tanks that need to be pumped out 1159 00:51:10,640 --> 00:51:13,400 or flushed out or cleaned from time to time, 1160 00:51:13,400 --> 00:51:15,020 because of the nature of those services, 1161 00:51:15,020 --> 00:51:18,540 which is kind of to my point, we don't require any of that. 1162 00:51:18,540 --> 00:51:20,280 We don't utilize any of that. 1163 00:51:20,280 --> 00:51:23,240 There's nothing in our services that would even come 1164 00:51:23,240 --> 00:51:25,800 close to requiring that, unless we were planning 1165 00:51:25,800 --> 00:51:29,200 on doing car washing within the space, 1166 00:51:29,200 --> 00:51:32,240 which I will tell you that out of the 100 locations 1167 00:51:32,240 --> 00:51:35,720 I have open, I'd be surprised if I have 20 that do that. 1168 00:51:35,720 --> 00:51:37,640 The majority do not. 1169 00:51:37,640 --> 00:51:40,200 Detailing is not a big part of our brand. 1170 00:51:40,200 --> 00:51:43,180 It's just not, it's not, you know, we're tin twirled. 1171 00:51:43,180 --> 00:51:46,240 You know, we're in the business 1172 00:51:46,240 --> 00:51:48,780 of automotive film protection. 1173 00:51:48,780 --> 00:51:49,800 That's the business that we're in. 1174 00:51:49,800 --> 00:51:51,440 And not only automotive, but we also do 1175 00:51:51,440 --> 00:51:53,120 residential commercial as well. 1176 00:51:53,120 --> 00:51:57,760 You know, so it's, that is more of our industry. 1177 00:51:57,760 --> 00:52:01,160 Detailing can be a part of the store. 1178 00:52:01,160 --> 00:52:03,720 But, you know, to your point, that's what, you know, 1179 00:52:03,720 --> 00:52:05,000 everything that you guys have listed 1180 00:52:05,000 --> 00:52:07,480 under automotive repair minor, it requires, 1181 00:52:07,480 --> 00:52:09,080 it has all of that environmental impact 1182 00:52:09,080 --> 00:52:10,440 that our business has not. 1183 00:52:10,440 --> 00:52:13,580 - So can I ask a follow-up to that? 1184 00:52:13,580 --> 00:52:14,680 - Sure. - The environmental impact. 1185 00:52:14,680 --> 00:52:19,120 So when you're putting film on, is there waste associated? 1186 00:52:19,120 --> 00:52:22,280 Is there something that you're peeling and growing away, or? 1187 00:52:22,280 --> 00:52:25,520 - It's just a liner that goes in the garbage. 1188 00:52:25,520 --> 00:52:27,160 It's just, it's regular garbage. 1189 00:52:27,160 --> 00:52:28,000 It's not-- - So there's some 1190 00:52:28,000 --> 00:52:30,040 environmental impact, maybe not similar to-- 1191 00:52:30,040 --> 00:52:32,680 - I mean, not any different than unloading a box 1192 00:52:32,680 --> 00:52:34,400 and putting packaging peanuts in the garbage. 1193 00:52:34,400 --> 00:52:35,820 It's the same thing. 1194 00:52:35,820 --> 00:52:36,960 You know, it's not, I would say, 1195 00:52:36,960 --> 00:52:40,160 as far as our environmental impact, I'd say absolutely not. 1196 00:52:40,160 --> 00:52:42,000 There's nothing environmentally impactful 1197 00:52:42,000 --> 00:52:44,120 with anything that we do. 1198 00:52:44,120 --> 00:52:47,320 - Yeah, I'm trying to, 'cause I got from the beginning, 1199 00:52:47,320 --> 00:52:49,920 our job is not really to assess whether you have 1200 00:52:49,920 --> 00:52:51,280 a great business or a great layout, 1201 00:52:51,280 --> 00:52:53,160 but really this definition. 1202 00:52:53,160 --> 00:52:56,240 And I know you said that for the seven services 1203 00:52:56,240 --> 00:53:00,040 that they list under Automotive Repair Shop Minor, 1204 00:53:00,040 --> 00:53:02,520 that you don't perform most any of those services, 1205 00:53:02,520 --> 00:53:06,000 but it says such as, so they're just examples. 1206 00:53:06,000 --> 00:53:08,580 So I'm just wondering, like, where would you put, 1207 00:53:08,580 --> 00:53:11,600 where would you put tinting? 1208 00:53:11,600 --> 00:53:16,800 I guess if you can explain to me why window tint and repair 1209 00:53:16,800 --> 00:53:21,800 and vehicle wraps are not similar to detailing and polishing. 1210 00:53:21,800 --> 00:53:24,240 'Cause it's not, that wasn't an exhaustive list. 1211 00:53:24,240 --> 00:53:25,360 They were just examples. 1212 00:53:25,360 --> 00:53:29,480 So what I really need to make my decision 1213 00:53:29,480 --> 00:53:32,560 is why window tinting, for example, 1214 00:53:32,560 --> 00:53:34,680 is not like any of these other services. 1215 00:53:34,680 --> 00:53:36,100 Can you help me with that? 1216 00:53:36,100 --> 00:53:39,280 - Be a hard question to answer, 1217 00:53:39,280 --> 00:53:42,800 but I can, I'll kind of give you the best analogy 1218 00:53:42,800 --> 00:53:44,560 I possibly can, right? - Sure, sure. 1219 00:53:47,800 --> 00:53:52,800 - You could walk into a retail store 1220 00:53:52,800 --> 00:53:56,760 that does repairs of iPhones, right? 1221 00:53:56,760 --> 00:53:58,920 If you crack your screen or break your screen, 1222 00:53:58,920 --> 00:54:02,800 which is glass, okay, you can have that glass replaced 1223 00:54:02,800 --> 00:54:05,920 and you can have them put, they will utilize 1224 00:54:05,920 --> 00:54:08,120 a clear piece of film that they would use 1225 00:54:08,120 --> 00:54:09,720 to put on top of an iPhone screen. 1226 00:54:09,720 --> 00:54:11,160 It really is no different. 1227 00:54:11,160 --> 00:54:13,560 It's a very similar piece of glass. 1228 00:54:13,560 --> 00:54:14,840 It's the same application. 1229 00:54:14,840 --> 00:54:17,400 It uses the same product to do. 1230 00:54:17,400 --> 00:54:18,240 There's no difference. 1231 00:54:18,240 --> 00:54:20,160 The difference is that we're doing it on a car window 1232 00:54:20,160 --> 00:54:22,320 and they're doing it on an iPhone screen, 1233 00:54:22,320 --> 00:54:26,040 or an iPad, or fixing or replacing your computer monitor. 1234 00:54:26,040 --> 00:54:27,360 It's not a lot different. 1235 00:54:27,360 --> 00:54:31,240 That's the best analogy I can give you. 1236 00:54:31,240 --> 00:54:35,400 - So what classification are you wanting? 1237 00:54:35,400 --> 00:54:37,760 'Cause I'm kind of confused 1238 00:54:37,760 --> 00:54:40,340 because you are dealing with automobiles. 1239 00:54:40,340 --> 00:54:41,180 - I am. 1240 00:54:42,160 --> 00:54:45,360 But, again, what I'm here for today 1241 00:54:45,360 --> 00:54:47,880 is to appeal the administrative decision 1242 00:54:47,880 --> 00:54:50,960 that classified us as automotive repair minor. 1243 00:54:50,960 --> 00:54:52,400 - Right, and that's what I was gonna say. 1244 00:54:52,400 --> 00:54:54,320 We can't, pardon the interruption, 1245 00:54:54,320 --> 00:54:56,560 we're not here to determine what classification 1246 00:54:56,560 --> 00:54:58,120 he falls in necessarily. 1247 00:54:58,120 --> 00:55:01,320 We're here to determine the administrative decision, 1248 00:55:01,320 --> 00:55:03,400 which was that he does fall under an automotive, 1249 00:55:03,400 --> 00:55:05,440 and what I'm hearing you say is we really fall 1250 00:55:05,440 --> 00:55:08,200 more under retail because of the nature of your business. 1251 00:55:08,200 --> 00:55:10,320 - Okay, yeah, that's what I was gonna say. 1252 00:55:10,320 --> 00:55:15,040 And again, I don't do city code stuff, 1253 00:55:15,040 --> 00:55:16,480 so I don't know retail or work, 1254 00:55:16,480 --> 00:55:18,160 you have other classifications. 1255 00:55:18,160 --> 00:55:21,560 But again, my concern is that it is being labeled 1256 00:55:21,560 --> 00:55:23,760 as automotive repair minor when we don't do 1257 00:55:23,760 --> 00:55:27,560 any automotive repair that would really put us there. 1258 00:55:27,560 --> 00:55:30,680 It's really, we're in that category for lack of the fact 1259 00:55:30,680 --> 00:55:32,580 that another category doesn't exist. 1260 00:55:32,580 --> 00:55:34,480 - Well, what about, I'm sorry to cut you off. 1261 00:55:34,480 --> 00:55:37,640 Is there another retail category that exists? 1262 00:55:37,640 --> 00:55:41,120 - Again, that's not our determination tonight, right? 1263 00:55:41,120 --> 00:55:44,040 Like if we were on P&Z, we'd have all this room 1264 00:55:44,040 --> 00:55:47,480 to work with, but we're very laser-focused 1265 00:55:47,480 --> 00:55:51,160 on was the administrative ruling correct or not. 1266 00:55:51,160 --> 00:55:52,400 So, go ahead. 1267 00:55:52,400 --> 00:55:55,320 - So, do you know the percentage rate of, 1268 00:55:55,320 --> 00:55:58,440 let's say somebody comes in and they get a temp job done, 1269 00:55:58,440 --> 00:56:00,520 or they get, 'cause I also saw that you do 1270 00:56:00,520 --> 00:56:02,920 the audio-video assistance. 1271 00:56:02,920 --> 00:56:04,120 - Sure. 1272 00:56:04,120 --> 00:56:06,720 - If they were to fail, customer drives away 1273 00:56:06,720 --> 00:56:10,400 a couple of days later, maybe something's not quite right, 1274 00:56:10,400 --> 00:56:12,940 what is the process they would bring it back to you? 1275 00:56:12,940 --> 00:56:13,780 - Yes. 1276 00:56:13,780 --> 00:56:14,600 - Right, for repair? 1277 00:56:14,600 --> 00:56:16,960 - Yeah, just like any other warranty. 1278 00:56:16,960 --> 00:56:19,240 You know, we have a warranty on anything we do 1279 00:56:19,240 --> 00:56:22,000 just as if you went to, I mean, you could, 1280 00:56:22,000 --> 00:56:23,440 again, I hate to bring up Best Buy again, 1281 00:56:23,440 --> 00:56:25,240 but if you walked into Best Buy, you bought a, you know, 1282 00:56:25,240 --> 00:56:27,480 you bought a NHB computer and you had a problem with it, 1283 00:56:27,480 --> 00:56:29,780 you can go back to that Best Buy to have it repaired, 1284 00:56:29,780 --> 00:56:31,760 or you can go to any other at Best Buy. 1285 00:56:31,760 --> 00:56:32,600 It'd be the same thing with us. 1286 00:56:32,600 --> 00:56:34,440 You can go to our store, this particular store, 1287 00:56:34,440 --> 00:56:36,640 or any other table at the store in the country 1288 00:56:36,640 --> 00:56:38,240 to get that warranty repaired. 1289 00:56:38,240 --> 00:56:40,320 But I will tell you that our return rate 1290 00:56:40,320 --> 00:56:42,840 is less than 5% nationwide. 1291 00:56:42,840 --> 00:56:44,120 - Okay, thank you. 1292 00:56:44,120 --> 00:56:48,520 What is the expected area or radius of your customer base? 1293 00:56:48,520 --> 00:56:50,320 - Our customers, typically we find that our customers 1294 00:56:50,320 --> 00:56:51,960 come from a 21-minute drive time, 1295 00:56:51,960 --> 00:56:54,320 and that's based on Buxton demographic data. 1296 00:56:54,320 --> 00:56:55,680 - Right, is that specific to Texas 1297 00:56:55,680 --> 00:56:56,520 or that's across the nation? 1298 00:56:56,520 --> 00:56:58,760 - That's across the country, that's across the country. 1299 00:56:58,760 --> 00:57:01,560 I believe, I could get you the state-specific information, 1300 00:57:01,560 --> 00:57:03,560 I don't have that on me, but I, 1301 00:57:03,560 --> 00:57:08,080 people, usually in Texas and some other areas that we have, 1302 00:57:08,080 --> 00:57:10,320 like in New York, people do drive, 1303 00:57:10,320 --> 00:57:12,040 tend to drive a little bit longer than 21 minutes. 1304 00:57:12,040 --> 00:57:16,360 It's actually a short drive time for some of these areas. 1305 00:57:16,360 --> 00:57:17,640 In South Florida, where I live, 1306 00:57:17,640 --> 00:57:19,520 I mean, you wouldn't drive more than 10 minutes, 1307 00:57:19,520 --> 00:57:24,220 because it would be, the traffic would drive you insane. 1308 00:57:24,220 --> 00:57:28,160 - Are there other questions? 1309 00:57:28,160 --> 00:57:29,120 - Can I ask you a question? 1310 00:57:29,120 --> 00:57:31,340 - Wait, you'll get an opportunity. 1311 00:57:31,340 --> 00:57:33,760 - We're gonna have public comment next. 1312 00:57:33,760 --> 00:57:38,040 - I'm sorry, did you have a question or clarification? 1313 00:57:38,040 --> 00:57:39,760 - I was just gonna offer a clarification 1314 00:57:39,760 --> 00:57:42,200 to the question about other uses being considered. 1315 00:57:42,200 --> 00:57:45,640 So understand that when we receive an application 1316 00:57:45,640 --> 00:57:47,440 for someone that's interested in, 1317 00:57:47,440 --> 00:57:48,800 whether it's developing a property 1318 00:57:48,800 --> 00:57:50,880 or occupying an existing space, 1319 00:57:50,880 --> 00:57:53,920 we look at the existing zoning to see what the business is 1320 00:57:53,920 --> 00:57:55,600 and how to classify that use. 1321 00:57:55,600 --> 00:57:57,560 So we go through the question about, 1322 00:57:57,560 --> 00:57:59,920 are there other use classifications 1323 00:57:59,920 --> 00:58:02,680 to be considered general retail versus the automotive minor? 1324 00:58:02,680 --> 00:58:04,640 That's part of the administrative work that we do, 1325 00:58:04,640 --> 00:58:06,000 is to make an interpretation 1326 00:58:06,000 --> 00:58:09,140 based upon the best possible definition 1327 00:58:09,140 --> 00:58:12,400 and use classification that's within the zoning ordinance. 1328 00:58:12,400 --> 00:58:14,880 You may find sometimes that we have a use 1329 00:58:14,880 --> 00:58:18,200 that fits in one category because it's very general abroad, 1330 00:58:18,200 --> 00:58:20,880 but because we have a category that's much more specific 1331 00:58:20,880 --> 00:58:23,120 or actually sites that particular business, 1332 00:58:23,120 --> 00:58:25,580 then it gets placed in the most restrictive category, 1333 00:58:25,580 --> 00:58:28,200 because that's what's available in the zoning ordinance. 1334 00:58:28,200 --> 00:58:30,680 And then we look to see then what zoning districts 1335 00:58:30,680 --> 00:58:32,000 that use is allowed through. 1336 00:58:32,000 --> 00:58:34,280 But we go through an exhaustive process 1337 00:58:34,280 --> 00:58:35,520 to make sure that, 1338 00:58:35,520 --> 00:58:36,560 'cause we wanna make sure 1339 00:58:36,560 --> 00:58:38,880 that we're classifying the business properly, 1340 00:58:38,880 --> 00:58:41,760 because we realize that there's an impact 1341 00:58:41,760 --> 00:58:42,880 associated with the applicant, 1342 00:58:42,880 --> 00:58:45,120 whether or not we make a decision that's in favor of them, 1343 00:58:45,120 --> 00:58:46,960 one that triggers a specific use permit 1344 00:58:46,960 --> 00:58:49,680 in our discussion this evening, 1345 00:58:49,680 --> 00:58:50,760 or if it's allowed by right. 1346 00:58:50,760 --> 00:58:51,600 So we try to make sure 1347 00:58:51,600 --> 00:58:53,240 we make that correct use classification. 1348 00:58:53,240 --> 00:58:55,040 So that's part of our job as planners. 1349 00:58:57,680 --> 00:58:59,400 - Okay, did you have another follow-up question? 1350 00:58:59,400 --> 00:59:00,520 - No, that was it. 1351 00:59:00,520 --> 00:59:03,080 I wanted to know if there was a clarification there. 1352 00:59:03,080 --> 00:59:03,920 Thank you. 1353 00:59:03,920 --> 00:59:08,080 - Any other questions for the applicants? 1354 00:59:08,080 --> 00:59:10,640 Thank you. 1355 00:59:10,640 --> 00:59:12,600 - Thank you guys for taking the time to listen to me today. 1356 00:59:12,600 --> 00:59:15,900 I appreciate it, and I hope you're the best. 1357 00:59:15,900 --> 00:59:16,920 - Thank you, thank you, thank you. 1358 00:59:16,920 --> 00:59:17,760 - Thank you. 1359 00:59:17,760 --> 00:59:18,700 - Thank you. 1360 00:59:18,700 --> 00:59:21,560 - So this is a public hearing, 1361 00:59:21,560 --> 00:59:23,920 and I saw a bunch of people in. 1362 00:59:23,920 --> 00:59:26,920 I don't see any blue or white cards, 1363 00:59:26,920 --> 00:59:28,560 but I think that's probably okay. 1364 00:59:28,560 --> 00:59:31,080 - 'Cause they gave them to us. 1365 00:59:31,080 --> 00:59:31,920 - We did it? 1366 00:59:31,920 --> 00:59:33,560 - We didn't receive anything. 1367 00:59:33,560 --> 00:59:34,640 - Do they need to fill one out? 1368 00:59:34,640 --> 00:59:36,680 - No, if you just give your name and address. 1369 00:59:36,680 --> 00:59:38,720 - Great, okay, who would like to go first? 1370 00:59:38,720 --> 00:59:42,000 Go ahead. 1371 00:59:42,000 --> 00:59:43,000 And when you approach the podium, 1372 00:59:43,000 --> 00:59:45,040 if you could just introduce yourself 1373 00:59:45,040 --> 00:59:47,760 and your affiliation with all of us. 1374 00:59:47,760 --> 00:59:49,980 Do they need to state their address as well for the record? 1375 00:59:49,980 --> 00:59:50,820 Okay. 1376 00:59:50,820 --> 00:59:55,120 - John Weathers, I'm a partner in the property. 1377 00:59:55,120 --> 00:59:57,620 9501 David Ford Road RL. 1378 00:59:57,620 --> 01:00:02,300 So one, I think, big delineation between their use 1379 01:00:02,300 --> 01:00:04,840 in a general automotive is, 1380 01:00:04,840 --> 01:00:07,320 everything that they sell and do is elective. 1381 01:00:07,320 --> 01:00:10,280 It's not a requirement to keep a vehicle operational. 1382 01:00:10,280 --> 01:00:12,600 You've gotta change wheel, you've gotta change tires, 1383 01:00:12,600 --> 01:00:16,440 you've gotta do the stuff that's in that minor automotive. 1384 01:00:16,440 --> 01:00:18,440 You don't have to do the stuff that they're selling. 1385 01:00:18,440 --> 01:00:19,760 You don't have to have window tint, 1386 01:00:19,760 --> 01:00:21,640 you don't have to have stereos, 1387 01:00:21,640 --> 01:00:22,840 you don't have to have speakers. 1388 01:00:22,840 --> 01:00:27,840 So my interpretation is for the general retail. 1389 01:00:27,840 --> 01:00:30,720 Somebody asked about the bay door. 1390 01:00:30,720 --> 01:00:32,240 So the bay door's already there. 1391 01:00:32,240 --> 01:00:35,720 It's been there for 50 plus years. 1392 01:00:35,720 --> 01:00:37,600 There's no modifications to the bay door. 1393 01:00:37,600 --> 01:00:39,240 It's already got electric openers. 1394 01:00:39,240 --> 01:00:40,080 It's there. 1395 01:00:40,080 --> 01:00:41,480 It's gonna be there if they move there 1396 01:00:41,480 --> 01:00:42,520 or if somebody else moves there. 1397 01:00:42,520 --> 01:00:44,680 So that answers that one. 1398 01:00:44,680 --> 01:00:50,120 Compatibility with the surrounding properties. 1399 01:00:50,120 --> 01:00:52,080 If y'all are aware of what's around there, 1400 01:00:52,080 --> 01:00:56,080 you've got a lot of rundown auto sales place. 1401 01:00:56,080 --> 01:00:57,360 You've got a paint place. 1402 01:00:57,360 --> 01:01:00,360 You do have a nice apartment across the way. 1403 01:01:00,360 --> 01:01:02,000 You've got a rundown mini storage. 1404 01:01:02,000 --> 01:01:05,040 So I think this is gonna kinda set the high water mark 1405 01:01:05,040 --> 01:01:07,400 for the redevelopment of this area 1406 01:01:07,400 --> 01:01:09,640 as far as commercial real estate's concerned. 1407 01:01:09,640 --> 01:01:13,600 So I want y'all to keep that in mind. 1408 01:01:13,600 --> 01:01:15,480 You asked about the SUP process. 1409 01:01:15,480 --> 01:01:18,480 One reason that none of us wanna go through that 1410 01:01:18,480 --> 01:01:22,200 is essentially the time associated with it. 1411 01:01:22,200 --> 01:01:26,160 We've been told it's gonna be a six to eight month process, 1412 01:01:26,160 --> 01:01:30,800 which that is traditionally how long it takes. 1413 01:01:30,800 --> 01:01:32,840 Again, the $8,000. 1414 01:01:32,840 --> 01:01:36,080 And we've been told by city staff that, 1415 01:01:36,080 --> 01:01:38,480 again, if we apply for the SUP, 1416 01:01:38,480 --> 01:01:40,240 it's really just a way to run us off 1417 01:01:40,240 --> 01:01:43,880 to make us not wanna do it, essentially. 1418 01:01:43,880 --> 01:01:48,880 So I'm pretty frustrated with this whole process. 1419 01:01:48,880 --> 01:01:50,880 I mean, I own the building. 1420 01:01:50,880 --> 01:01:53,880 It's really kinda pigeon-holed me 1421 01:01:53,880 --> 01:01:56,880 into something that I can't do anything with. 1422 01:01:56,880 --> 01:01:59,920 I thought this was a no-brainer, home-run, 1423 01:01:59,920 --> 01:02:00,880 great tenant for us. 1424 01:02:00,880 --> 01:02:02,880 I think it'd be great for that area. 1425 01:02:02,880 --> 01:02:05,760 And then that's all I got. 1426 01:02:05,760 --> 01:02:06,600 Thank y'all for your time. 1427 01:02:06,600 --> 01:02:08,080 - Now, you raised your hand 1428 01:02:08,080 --> 01:02:10,200 'cause you said you had a question for the applicant. 1429 01:02:10,200 --> 01:02:12,640 - I was gonna ask if the services were required or not. 1430 01:02:12,640 --> 01:02:14,000 - Okay, all right, so. 1431 01:02:14,000 --> 01:02:14,840 We got that. 1432 01:02:14,840 --> 01:02:15,680 - I asked him. 1433 01:02:15,680 --> 01:02:16,500 - Yeah, yeah, yeah. 1434 01:02:16,500 --> 01:02:17,340 - Okay, thank you. 1435 01:02:17,340 --> 01:02:18,180 - Thank you. 1436 01:02:18,180 --> 01:02:19,000 - Thank you. 1437 01:02:19,000 --> 01:02:19,840 - Thanks. 1438 01:02:19,840 --> 01:02:25,240 - All right. 1439 01:02:25,240 --> 01:02:26,080 - Can I go up there? 1440 01:02:26,080 --> 01:02:26,900 - Yes, please do. 1441 01:02:26,900 --> 01:02:27,740 - All right. 1442 01:02:27,740 --> 01:02:29,720 - Waiting patiently, thank you so much. 1443 01:02:29,720 --> 01:02:30,720 You know the drill. 1444 01:02:30,720 --> 01:02:34,760 - Brent Pounders, my wife Michelle and I 1445 01:02:34,760 --> 01:02:37,480 were the franchise owners of this location. 1446 01:02:37,480 --> 01:02:39,040 - And your address for the record? 1447 01:02:39,040 --> 01:02:42,480 - It is 1310 Circle J Trail in Prosper, Texas. 1448 01:02:43,480 --> 01:02:44,760 - I'm sorry, it's Brent? 1449 01:02:44,760 --> 01:02:45,600 - Brent. 1450 01:02:45,600 --> 01:02:50,400 - Don't have anything fancy set up for you guys. 1451 01:02:50,400 --> 01:02:53,240 I just wanna come in and introduce myself. 1452 01:02:53,240 --> 01:02:54,280 We started looking. 1453 01:02:54,280 --> 01:02:55,640 We zoned in on Denton. 1454 01:02:55,640 --> 01:02:57,920 We wanted our business in Denton. 1455 01:02:57,920 --> 01:03:01,600 We saw that the clientele we wanted to attract 1456 01:03:01,600 --> 01:03:02,660 was already here. 1457 01:03:02,660 --> 01:03:05,260 Found this building. 1458 01:03:05,260 --> 01:03:07,400 Nothing was ever told that we'd need 1459 01:03:07,400 --> 01:03:09,480 a special use permit for this building. 1460 01:03:09,480 --> 01:03:10,480 If we would've known that, 1461 01:03:10,480 --> 01:03:12,920 we wouldn't have went to a different building. 1462 01:03:12,920 --> 01:03:16,940 We were told this happened in 2019. 1463 01:03:16,940 --> 01:03:19,400 So we didn't find out about this 1464 01:03:19,400 --> 01:03:23,000 until after we started going through the permit process. 1465 01:03:23,000 --> 01:03:24,380 If you look at the area, 1466 01:03:24,380 --> 01:03:28,520 I don't know, how many automotive stores 1467 01:03:28,520 --> 01:03:30,120 are there in the area right now? 1468 01:03:30,120 --> 01:03:32,580 Does anybody know? 1469 01:03:32,580 --> 01:03:36,640 I know you wanna see it up. 1470 01:03:36,640 --> 01:03:37,480 What's that? 1471 01:03:37,480 --> 01:03:38,300 - On South Film. 1472 01:03:38,300 --> 01:03:40,200 I'm sorry, I'm running into how many cars 1473 01:03:40,200 --> 01:03:41,040 are in the team. 1474 01:03:41,040 --> 01:03:43,280 - There's a few. 1475 01:03:43,280 --> 01:03:47,720 - Right, so when we went into a lease agreement, 1476 01:03:47,720 --> 01:03:50,400 we didn't think we'd have an issue 1477 01:03:50,400 --> 01:03:52,760 because we saw all the automotive already there. 1478 01:03:52,760 --> 01:03:57,200 But we're here where we're at. 1479 01:03:57,200 --> 01:03:58,840 Anybody have any questions for us? 1480 01:03:58,840 --> 01:04:03,440 - I don't. 1481 01:04:03,440 --> 01:04:05,040 - All right, thank you for your time. 1482 01:04:05,040 --> 01:04:09,360 - So this is a public hearing. 1483 01:04:09,360 --> 01:04:11,320 Is there anyone else who'd like to speak? 1484 01:04:11,320 --> 01:04:15,560 - I want to, but I'm not going to. 1485 01:04:15,560 --> 01:04:16,400 - Are you sure? 1486 01:04:16,400 --> 01:04:18,000 - I don't feel like it's gonna make a difference. 1487 01:04:18,000 --> 01:04:19,500 It was the Planning Committee. 1488 01:04:19,500 --> 01:04:24,120 - I did have a caveat, I'm sorry. 1489 01:04:24,120 --> 01:04:24,960 - Oh, go ahead. 1490 01:04:24,960 --> 01:04:26,780 - Yeah, come on up. 1491 01:04:26,780 --> 01:04:28,320 - When this was first determined 1492 01:04:28,320 --> 01:04:30,920 that this was a light automotive use, 1493 01:04:30,920 --> 01:04:32,880 I did call up the Planning Committee 1494 01:04:32,880 --> 01:04:35,160 and talked to them several times. 1495 01:04:35,160 --> 01:04:38,060 Our major concern is, one, the time. 1496 01:04:38,060 --> 01:04:42,620 Two, the funds required for the special use permit. 1497 01:04:42,620 --> 01:04:45,020 And three, we were told we were gonna be denied 1498 01:04:45,020 --> 01:04:48,260 if we didn't apply for the special use permit 1499 01:04:48,260 --> 01:04:50,840 on two different occasions that I was told that. 1500 01:04:50,840 --> 01:04:52,720 So, that's why we're here. 1501 01:04:52,720 --> 01:04:53,880 - You were told you would be denied 1502 01:04:53,880 --> 01:04:55,240 or you could be denied? 1503 01:04:55,240 --> 01:05:00,240 - Would be, highly, I think we wrote it down. 1504 01:05:00,240 --> 01:05:03,280 It was, one of the staffers said 1505 01:05:03,280 --> 01:05:06,800 that it was a high possibility that we would be denied 1506 01:05:06,800 --> 01:05:10,140 if we did apply for the special use permit. 1507 01:05:10,140 --> 01:05:15,140 So, that's not very, yeah. 1508 01:05:15,140 --> 01:05:22,040 You know, showing up today, we called, 1509 01:05:22,040 --> 01:05:23,920 we asked, what do we need to prepare? 1510 01:05:23,920 --> 01:05:25,680 What do we need to bring? 1511 01:05:25,680 --> 01:05:28,960 We're coming into like a, thank gosh Jeff showed up 1512 01:05:28,960 --> 01:05:31,000 because he's been here before, 1513 01:05:31,000 --> 01:05:33,880 but we were told nothing about this process. 1514 01:05:33,880 --> 01:05:36,560 I didn't, we didn't know we had to have a yellow card 1515 01:05:36,560 --> 01:05:38,240 or a red card or a green card. 1516 01:05:38,240 --> 01:05:40,280 We didn't know what we needed to do 1517 01:05:40,280 --> 01:05:43,280 to be able to speak for our business. 1518 01:05:43,280 --> 01:05:45,720 In this business, we've already got, 1519 01:05:45,720 --> 01:05:48,800 we're two parents raising kids. 1520 01:05:48,800 --> 01:05:52,960 We're not overly wealthy people here by no means. 1521 01:05:52,960 --> 01:05:55,960 I had to pull money out of 401k to start this business 1522 01:05:55,960 --> 01:05:59,400 and we've got 150,000 invested in this business already. 1523 01:05:59,400 --> 01:06:03,080 We've got over 30,000 invested in this location already. 1524 01:06:03,080 --> 01:06:05,060 But yet, when we're going through this process 1525 01:06:05,060 --> 01:06:07,640 of a city, we were never told anything. 1526 01:06:07,640 --> 01:06:11,160 So, it's just kind of disheartening on, 1527 01:06:11,160 --> 01:06:13,560 you know, what's the process we go from here? 1528 01:06:13,560 --> 01:06:16,120 You know, if we had to go through the tension peak, 1529 01:06:16,120 --> 01:06:18,480 is it gonna be nine months? 1530 01:06:18,480 --> 01:06:21,920 And how much more money am I gonna be, you know, 1531 01:06:21,920 --> 01:06:26,260 when it's competing with raising three little girls? 1532 01:06:26,260 --> 01:06:28,100 So, thanks again. 1533 01:06:28,100 --> 01:06:29,100 - Thank you. 1534 01:06:33,200 --> 01:06:35,720 - Again, is there anyone who'd like to, oh, go ahead. 1535 01:06:35,720 --> 01:06:38,480 - I was gonna say, since this keeps coming up, 1536 01:06:38,480 --> 01:06:40,960 it's not fully germane to this request, 1537 01:06:40,960 --> 01:06:42,680 but since it keeps being brought up, 1538 01:06:42,680 --> 01:06:44,920 I didn't know, Chair, if you wanted me to address 1539 01:06:44,920 --> 01:06:49,200 kind of the process and potentially why the applicant 1540 01:06:49,200 --> 01:06:51,200 has found them and the challenge that they have been 1541 01:06:51,200 --> 01:06:54,400 with respect to just the process and the claims 1542 01:06:54,400 --> 01:06:58,040 that the staff has not been helpful in this process. 1543 01:06:58,040 --> 01:06:59,280 That's all right with you. 1544 01:06:59,280 --> 01:07:02,720 So, when someone is interested in looking at a property, 1545 01:07:02,720 --> 01:07:05,400 we always strongly encourage them to contact the city 1546 01:07:05,400 --> 01:07:07,440 to find out if that use is allowed. 1547 01:07:07,440 --> 01:07:10,600 And unfortunately, sometimes what happens is that 1548 01:07:10,600 --> 01:07:12,800 business owners or prospective business owners 1549 01:07:12,800 --> 01:07:15,080 make decisions based upon existing land uses 1550 01:07:15,080 --> 01:07:16,520 that are within the area. 1551 01:07:16,520 --> 01:07:18,520 Many of the automotive businesses that are currently 1552 01:07:18,520 --> 01:07:20,420 in downtown are not conforming. 1553 01:07:20,420 --> 01:07:23,280 So, when folks are making decisions based upon 1554 01:07:23,280 --> 01:07:25,320 just kind of what they're seeing across the landscape 1555 01:07:25,320 --> 01:07:27,120 and the types of businesses that are there, 1556 01:07:27,120 --> 01:07:30,160 we always caution them to that because of the fact that 1557 01:07:30,160 --> 01:07:32,440 those uses may not be legally conforming uses. 1558 01:07:32,440 --> 01:07:33,840 And that's one of the challenges we have 1559 01:07:33,840 --> 01:07:36,000 just where this property is particularly located. 1560 01:07:36,000 --> 01:07:40,800 With my team, they try to be helpful to let applicants know, 1561 01:07:40,800 --> 01:07:43,240 especially if a use requires approval of a specific 1562 01:07:43,240 --> 01:07:46,200 use permit, as to whether or not the city staff 1563 01:07:46,200 --> 01:07:48,100 would be able to support that use or not. 1564 01:07:48,100 --> 01:07:50,920 So that they know when they choose, 1565 01:07:50,920 --> 01:07:54,040 whether they choose to file, whether or not that's something 1566 01:07:54,040 --> 01:07:56,120 that they believe the staff would be able to support 1567 01:07:56,120 --> 01:07:58,480 based upon policies that city council has adopted 1568 01:07:58,480 --> 01:08:00,280 that were required to enforce. 1569 01:08:00,280 --> 01:08:03,560 And so we try to be able to let applicants know upfront 1570 01:08:03,560 --> 01:08:05,640 whether or not we believe the request is consistent 1571 01:08:05,640 --> 01:08:07,840 with their comprehensive plan or it's not. 1572 01:08:07,840 --> 01:08:10,000 We realize that there's a business decision involved in it. 1573 01:08:10,000 --> 01:08:12,080 There's time and money associated with that. 1574 01:08:12,080 --> 01:08:14,920 And so the case of a specific use permit, 1575 01:08:14,920 --> 01:08:17,080 it does take anywhere from six to eight months, 1576 01:08:17,080 --> 01:08:17,920 sometimes nine months, 1577 01:08:17,920 --> 01:08:20,480 depending upon how responsive the applicant is. 1578 01:08:20,480 --> 01:08:22,200 There are a series of drawings that are required 1579 01:08:22,200 --> 01:08:24,000 to be submitted that are associated with it. 1580 01:08:24,000 --> 01:08:26,720 That's a completely different separate application process. 1581 01:08:26,720 --> 01:08:29,160 But there are documents that have to be prepared 1582 01:08:29,160 --> 01:08:31,360 that are submitted to us as part of our review. 1583 01:08:31,360 --> 01:08:33,440 At the end of the day, staff makes a recommendation 1584 01:08:33,440 --> 01:08:34,680 to the Planning and Zoning Commission 1585 01:08:34,680 --> 01:08:38,000 and ultimately city council to make that final decision. 1586 01:08:38,000 --> 01:08:41,820 They do look to us to find out what they believe 1587 01:08:41,820 --> 01:08:44,320 or what our perspective is on whether or not the request 1588 01:08:44,320 --> 01:08:45,880 would be able to be supported or not. 1589 01:08:45,880 --> 01:08:47,960 So we try to be able to provide that 1590 01:08:47,960 --> 01:08:51,560 as a customer service item so that someone knows 1591 01:08:51,560 --> 01:08:53,600 if they're facing more of an uphill challenge 1592 01:08:53,600 --> 01:08:56,680 versus something that may be a more simpler, 1593 01:08:56,680 --> 01:08:58,360 smoother process. 1594 01:08:58,360 --> 01:09:00,000 There is the time component associated 1595 01:09:00,000 --> 01:09:01,480 with the specific use permit 1596 01:09:01,480 --> 01:09:02,960 because there are more detailed drawings 1597 01:09:02,960 --> 01:09:04,480 that are having to be reviewed. 1598 01:09:04,480 --> 01:09:06,720 There is also an application fee associated with it. 1599 01:09:06,720 --> 01:09:08,320 I know there was concerns expressed 1600 01:09:08,320 --> 01:09:10,240 regarding our fees that are charged. 1601 01:09:10,240 --> 01:09:11,600 The fees that the city charges 1602 01:09:11,600 --> 01:09:13,000 are based upon a cost recovery. 1603 01:09:13,000 --> 01:09:14,680 So for the services of the staff 1604 01:09:14,680 --> 01:09:16,680 and time and effort that are involved. 1605 01:09:16,680 --> 01:09:18,720 There are also state law requirements that come into play 1606 01:09:18,720 --> 01:09:20,840 that we have to be able to enforce and apply. 1607 01:09:20,840 --> 01:09:23,880 So we try to do our jobs with a smile. 1608 01:09:23,880 --> 01:09:26,480 We try to be able to let folks know in a positive means 1609 01:09:26,480 --> 01:09:29,560 as to what the outcome may be. 1610 01:09:29,560 --> 01:09:31,320 Happy to visit with the applicant separately 1611 01:09:31,320 --> 01:09:33,760 if there was some concerns in how the message 1612 01:09:33,760 --> 01:09:35,360 might have been delivered 'cause I can take that 1613 01:09:35,360 --> 01:09:37,280 as an opportunity to be able to help train my staff 1614 01:09:37,280 --> 01:09:38,200 further on that. 1615 01:09:38,200 --> 01:09:42,040 But just so you know, it comes down to business decisions 1616 01:09:42,040 --> 01:09:44,720 and the applicant has chosen to pursue this process 1617 01:09:44,720 --> 01:09:46,320 with respect to our determination 1618 01:09:46,320 --> 01:09:48,600 on the appropriate classification of the use. 1619 01:09:48,600 --> 01:09:50,600 But just wanna make sure you understand 1620 01:09:50,600 --> 01:09:53,000 kind of the other side of the story associated with this 1621 01:09:53,000 --> 01:09:55,000 when applicants come forth and request 1622 01:09:55,000 --> 01:09:57,880 to be able to occupy a building, so thank you. 1623 01:09:57,880 --> 01:09:58,720 - Thank you. 1624 01:09:58,720 --> 01:10:01,400 - Sorry, can I say something in reference to that? 1625 01:10:01,400 --> 01:10:03,120 - Can I, yeah, I mean that's, yeah. 1626 01:10:03,120 --> 01:10:03,940 - Just take a second. 1627 01:10:03,940 --> 01:10:06,280 - We're getting close to being off posting, so. 1628 01:10:06,280 --> 01:10:08,280 - Yeah, so now. 1629 01:10:08,280 --> 01:10:11,080 - So let's keep it short and at your discretion. 1630 01:10:11,080 --> 01:10:13,240 - Just a second. 1631 01:10:13,240 --> 01:10:14,160 - You have one minute. 1632 01:10:14,160 --> 01:10:16,000 - All right. - Okay. 1633 01:10:16,000 --> 01:10:20,520 - So just, to your point, the architect firm Pistol, 1634 01:10:20,520 --> 01:10:22,920 they did have a, before they did, 1635 01:10:22,920 --> 01:10:24,800 any architectural plans submitted for any permits, 1636 01:10:24,800 --> 01:10:28,640 there was a pre-conference that was done 1637 01:10:28,640 --> 01:10:34,440 with that department and nothing was conveyed at that point 1638 01:10:34,440 --> 01:10:36,240 about the use not being approved, 1639 01:10:36,240 --> 01:10:38,920 otherwise we would not have gone through spending $15,000 1640 01:10:38,920 --> 01:10:41,160 to draw architectural plans for something 1641 01:10:41,160 --> 01:10:43,560 that was gonna need an SUV three months later. 1642 01:10:43,560 --> 01:10:44,840 And I just wanted to address that. 1643 01:10:44,840 --> 01:10:49,000 - So thank you, but I think we're off topic now. 1644 01:10:49,000 --> 01:10:50,480 - Gotcha, just wanted to address that 1645 01:10:50,480 --> 01:10:52,240 because again, it's a concern for me 1646 01:10:52,240 --> 01:10:53,760 because there's a lot of back and forth 1647 01:10:53,760 --> 01:10:54,840 where it comes to that issue. - I appreciate that. 1648 01:10:54,840 --> 01:10:56,200 - You know, we did try it. - And I would encourage you 1649 01:10:56,200 --> 01:10:57,800 to speak with staff afterwards. 1650 01:10:57,800 --> 01:10:59,000 - Gotcha, thank you. - Appreciate it. 1651 01:10:59,000 --> 01:10:59,840 - We'll have you visit afterwards. 1652 01:10:59,840 --> 01:11:01,160 - Yeah, thank you, thanks. 1653 01:11:01,160 --> 01:11:04,040 - So, is there anyone else in the audience 1654 01:11:04,040 --> 01:11:05,680 who hasn't had an opportunity to speak yet 1655 01:11:05,680 --> 01:11:06,640 who would like to speak? 1656 01:11:06,640 --> 01:11:07,880 This is a public hearing. 1657 01:11:07,880 --> 01:11:16,960 - Hearing none, I'm gonna close the public hearing. 1658 01:11:16,960 --> 01:11:19,760 We haven't made a decision yet. 1659 01:11:19,760 --> 01:11:20,960 That happens next. 1660 01:11:20,960 --> 01:11:23,720 I lost my place in line, they're calling me. 1661 01:11:23,720 --> 01:11:25,680 - It's a lot of paper. - It's a lot of paper. 1662 01:11:25,680 --> 01:11:29,000 And it wasn't very bold, so I don't know what I'm doing. 1663 01:11:29,000 --> 01:11:31,320 - Yeah, have your discretion. 1664 01:11:31,320 --> 01:11:33,840 You can give them a chance to do a rebuttal 1665 01:11:33,840 --> 01:11:37,000 if they want to address remarks that were in need. 1666 01:11:37,000 --> 01:11:40,000 But also, we've kind of been doing that as we go. 1667 01:11:40,000 --> 01:11:41,280 - Yeah, got it, yeah, yeah. 1668 01:11:41,280 --> 01:11:42,600 So, okay. 1669 01:11:42,600 --> 01:11:44,040 So I'm closing the public hearing. 1670 01:11:44,040 --> 01:11:47,080 The time is 6.46. 1671 01:11:47,080 --> 01:11:50,520 I really would like to find where I'm at 1672 01:11:50,520 --> 01:11:53,480 because it's not often that we have these sorts 1673 01:11:53,480 --> 01:11:56,440 of like two-part meetings and this is a lot on the line. 1674 01:11:56,440 --> 01:11:58,720 And we'll make sure we're doing this, right? 1675 01:11:58,720 --> 01:12:01,560 Thank you. 1676 01:12:01,560 --> 01:12:04,400 - What's the rules? 1677 01:12:04,400 --> 01:12:07,240 - Okay, so it looks like you are on, 1678 01:12:07,240 --> 01:12:08,520 you've closed the hearing. 1679 01:12:08,520 --> 01:12:10,120 So you're just doing the concluding items. 1680 01:12:10,120 --> 01:12:10,960 - Yeah. - And then we'll move on 1681 01:12:10,960 --> 01:12:11,800 to the next meeting. - And then we can move on 1682 01:12:11,800 --> 01:12:13,600 to the next meeting, okay. 1683 01:12:13,600 --> 01:12:16,680 Are there any concluding items before we close this meeting 1684 01:12:16,680 --> 01:12:18,400 and open the next one? 1685 01:12:18,400 --> 01:12:21,800 - Do we get a chance to think, like, before we-- 1686 01:12:21,800 --> 01:12:22,720 - No, we're going. 1687 01:12:22,720 --> 01:12:23,560 - We go straight to the next one. 1688 01:12:23,560 --> 01:12:24,960 - We're going straight to the next one. 1689 01:12:24,960 --> 01:12:27,800 - Yeah, it's a thing, this Texas legislature did a thing 1690 01:12:27,800 --> 01:12:29,760 a couple years ago and we all know how Texas legislatures 1691 01:12:29,760 --> 01:12:32,200 like complicate stuff. 1692 01:12:32,200 --> 01:12:34,080 In the past, we'd have an opportunity 1693 01:12:34,080 --> 01:12:36,920 just to kinda keep going and have the conversation. 1694 01:12:36,920 --> 01:12:39,240 This requires a two-part meeting 1695 01:12:39,240 --> 01:12:41,200 and it has to be the same people. 1696 01:12:41,200 --> 01:12:42,760 And so good luck getting us all in the same room 1697 01:12:42,760 --> 01:12:44,040 at the same time together. 1698 01:12:44,040 --> 01:12:45,960 So, no, we're gonna think on our feet. 1699 01:12:45,960 --> 01:12:50,960 But we had a lot of time to talk, so, yeah. 1700 01:12:51,600 --> 01:12:54,520 - So, procedurally, at the next meeting, 1701 01:12:54,520 --> 01:12:55,680 you'll entertain a motion 1702 01:12:55,680 --> 01:12:57,480 and then there will be a discussion phase. 1703 01:12:57,480 --> 01:13:00,160 - Yes. - Okay, thank you. 1704 01:13:00,160 --> 01:13:02,280 - Okay, so I am gonna end this meeting. 1705 01:13:02,280 --> 01:13:05,600 The time is 6 47. 1706 01:13:05,600 --> 01:13:08,440 Take a breath.