WEBVTT 00:00:00.000 --> 00:00:02.360 - Thank you everyone. 00:00:02.360 --> 00:00:03.560 Are we ready to begin? 00:00:03.560 --> 00:00:07.360 Okay, I don't need this. 00:00:07.360 --> 00:00:09.760 Okay, so, good evening everyone. 00:00:09.760 --> 00:00:10.920 My name is Amber Brighill. 00:00:10.920 --> 00:00:13.680 I'm the chair of the zoning board of adjustments. 00:00:13.680 --> 00:00:15.680 There's a lot of reading because what we have 00:00:15.680 --> 00:00:17.160 in front of us is a really big deal. 00:00:17.160 --> 00:00:18.860 So I'm just gonna read. 00:00:18.860 --> 00:00:22.440 So, actually, let me call this meeting to order. 00:00:22.440 --> 00:00:26.160 Actually, at 534 we do have a quorum present 00:00:26.160 --> 00:00:28.840 and the date is May 16th, 2022. 00:00:30.360 --> 00:00:31.560 I'm just gonna review the format 00:00:31.560 --> 00:00:33.000 for the benefit of everyone in attendance. 00:00:33.000 --> 00:00:34.620 The board consists of seven regular members 00:00:34.620 --> 00:00:36.200 and three alternates. 00:00:36.200 --> 00:00:38.000 The members of the zoning board of adjustment 00:00:38.000 --> 00:00:39.320 are residents of the city of Denton 00:00:39.320 --> 00:00:41.480 and we serve voluntarily and have been appointed 00:00:41.480 --> 00:00:43.120 to our position by city council. 00:00:43.120 --> 00:00:46.160 It takes six votes to reverse or modify 00:00:46.160 --> 00:00:50.240 any determination of an administrative official on appeal. 00:00:50.240 --> 00:00:53.400 Anyone wishing to participate may submit a white card 00:00:53.400 --> 00:00:55.400 to indicate their position on an item. 00:00:55.400 --> 00:00:57.200 People may also make virtual comments 00:00:57.200 --> 00:00:59.440 using the e-comment module made available 00:00:59.440 --> 00:01:01.300 when the agenda was posted online. 00:01:01.300 --> 00:01:03.600 Similar to when someone submits a white card 00:01:03.600 --> 00:01:05.040 to indicate their position on an item, 00:01:05.040 --> 00:01:08.320 the e-comments will be sent directly to the members of ZVA 00:01:08.320 --> 00:01:09.920 and recorded by the secretary. 00:01:09.920 --> 00:01:12.400 Comments may be submitted up until the start of the meeting 00:01:12.400 --> 00:01:15.760 at which time they will be able to make a comment to post. 00:01:15.760 --> 00:01:19.000 People wishing to speak may submit a blue card. 00:01:19.000 --> 00:01:21.160 All speakers are to state their name and address 00:01:21.160 --> 00:01:23.280 for the record in consideration of our other speakers. 00:01:23.280 --> 00:01:24.360 Please keep your comments brief 00:01:24.360 --> 00:01:27.480 and only provide information relevant to our agenda items. 00:01:27.480 --> 00:01:29.080 After the hearing and board discussion, 00:01:29.080 --> 00:01:31.520 a motion will be obtained and we will now commence 00:01:31.520 --> 00:01:33.280 with our regularly scheduled agenda. 00:01:33.280 --> 00:01:34.720 We do have a quorum present. 00:01:34.720 --> 00:01:35.720 I already called the meeting in order, 00:01:35.720 --> 00:01:38.960 so the first item is a pledge to the U.S. and Texas allies. 00:01:38.960 --> 00:01:40.440 Please rise with your aides. 00:01:40.440 --> 00:01:49.040 - I pledge allegiance to the flag 00:01:49.040 --> 00:01:51.240 of the United States of America 00:01:51.240 --> 00:01:54.020 and to the republic for which it stands, 00:01:54.020 --> 00:01:57.360 one nation under God, indivisible, 00:01:57.360 --> 00:01:59.740 with liberty and justice for all. 00:01:59.740 --> 00:02:04.320 - Honor the Texas flag. 00:02:04.320 --> 00:02:08.360 I pledge allegiance to the Texas, one state, 00:02:08.360 --> 00:02:11.600 under God, one and indivisible. 00:02:11.600 --> 00:02:12.440 - Thank you. 00:02:12.440 --> 00:02:18.560 The next item is considering the approval 00:02:18.560 --> 00:02:20.800 of the minutes from February 28th. 00:02:20.800 --> 00:02:23.040 Everyone's got a copy of the minutes. 00:02:23.040 --> 00:02:26.920 Are there any corrections, additions, additions to be made? 00:02:27.840 --> 00:02:30.640 - I need a correction in my last name spelling. 00:02:30.640 --> 00:02:34.620 It has a C in it, it's F-I-S-C-H-E-R. 00:02:34.620 --> 00:02:37.200 These are a couple of things, this is it. 00:02:37.200 --> 00:02:38.200 - Thank you. 00:02:38.200 --> 00:02:43.440 It was important, thank you. 00:02:43.440 --> 00:02:46.600 Any other corrections, or additions, or comments? 00:02:46.600 --> 00:02:50.880 Okay, I would entertain a motion. 00:02:50.880 --> 00:02:55.880 So, Ms. Lane and Mr. Njaku, you second? 00:02:55.880 --> 00:02:57.200 All right, we've got a first and a second. 00:02:57.200 --> 00:02:59.200 Any discussion? 00:02:59.200 --> 00:03:02.560 All those in favor of approving the minutes, 00:03:02.560 --> 00:03:03.600 just raise your hand. 00:03:03.600 --> 00:03:07.720 Any, anyone voting against? 00:03:07.720 --> 00:03:09.280 Any abstentions? 00:03:09.280 --> 00:03:11.280 Motion passes, the minutes are approved. 00:03:11.280 --> 00:03:13.680 Okay. 00:03:13.680 --> 00:03:23.040 Oh, and the next item is election of the chair 00:03:23.040 --> 00:03:25.720 and the vice chair for the zoning board of adjustment. 00:03:25.720 --> 00:03:29.200 We've taken nominations, so if anyone would like to nominate 00:03:29.200 --> 00:03:31.200 the chair, I'll be happy to hear that now. 00:03:31.200 --> 00:03:36.320 - Adam's chair. - Oh, sorry. 00:03:36.320 --> 00:03:40.480 - I'll make a nomination of Amber Brickell. 00:03:40.480 --> 00:03:42.680 I'll second that. - Thank you. 00:03:42.680 --> 00:03:43.520 Thank you. 00:03:43.520 --> 00:03:47.280 Any other nominations for chair? 00:03:47.280 --> 00:03:52.720 Okay, we've got a first from Ms. Linus 00:03:52.720 --> 00:03:55.720 and a second from Mr. Njaku. 00:03:55.720 --> 00:03:58.800 All those in favor, raise your hand. 00:03:58.800 --> 00:04:00.960 Any opposed? 00:04:00.960 --> 00:04:03.960 Any abstentions? 00:04:03.960 --> 00:04:06.680 Thank you, I'm happy to serve as your chair again. 00:04:06.680 --> 00:04:08.440 We're gonna rinse and repeat for the vice chair. 00:04:08.440 --> 00:04:10.880 Are there nominations from the floor for vice chair? 00:04:10.880 --> 00:04:15.160 - I nominate Jennifer Lane. 00:04:15.160 --> 00:04:17.240 - Okay, we've got a second. 00:04:17.240 --> 00:04:18.320 - Thank you very much. 00:04:18.320 --> 00:04:21.240 - Yeah, any other nominations? 00:04:22.400 --> 00:04:23.680 Okay, all those in favor? 00:04:23.680 --> 00:04:27.000 Any opposed? 00:04:27.000 --> 00:04:28.240 Any abstained? 00:04:28.240 --> 00:04:30.120 Okay, great, thank you. 00:04:30.120 --> 00:04:33.560 That was easy, okay, I love voting. 00:04:33.560 --> 00:04:38.480 Item 3A is really the big thing why we're here. 00:04:38.480 --> 00:04:39.880 So we're gonna hold a public hearing 00:04:39.880 --> 00:04:43.040 and consider an appeal of an administrative decision 00:04:43.040 --> 00:04:45.120 regarding the interpretation of the definition 00:04:45.120 --> 00:04:47.000 of an automated repair shop minor 00:04:47.000 --> 00:04:49.840 for a property located at 709 South Elm. 00:04:49.840 --> 00:04:51.600 The appellant is Jeff Stark, 00:04:51.600 --> 00:04:54.400 representing the owner of John Lither's. 00:04:54.400 --> 00:04:55.240 Yep, thank you. 00:04:55.240 --> 00:04:59.640 So if you're planning on speaking today, 00:04:59.640 --> 00:05:01.440 we have to swear you in. 00:05:01.440 --> 00:05:03.400 And that includes city staff too. 00:05:03.400 --> 00:05:05.160 So if you're planning on speaking today, 00:05:05.160 --> 00:05:08.080 we could just swear you all in all at the same time, 00:05:08.080 --> 00:05:09.040 if that's cool. 00:05:09.040 --> 00:05:11.640 So if you could stand and raise your right hand. 00:05:11.640 --> 00:05:15.200 Thank you, all right. 00:05:15.200 --> 00:05:18.440 Under penalty of perjury to all y'all, 00:05:18.440 --> 00:05:21.520 swear to affirm that any testimony or information 00:05:21.520 --> 00:05:22.960 you provide or any statement you make 00:05:22.960 --> 00:05:25.040 before this board is complete, true, 00:05:25.040 --> 00:05:27.240 and correct to the best of your knowledge and ability. 00:05:27.240 --> 00:05:29.040 If so, please answer I do. 00:05:29.040 --> 00:05:30.280 - I do. 00:05:30.280 --> 00:05:31.200 - Great, thank you. 00:05:31.200 --> 00:05:34.720 Okay, so lots more reading 'cause this is a big deal 00:05:34.720 --> 00:05:36.920 and I wanna make sure we all understand what's happening. 00:05:36.920 --> 00:05:40.320 So the matter before the board is whether to affirm, 00:05:40.320 --> 00:05:43.480 reverse, and hold or impart or amend or modify 00:05:43.480 --> 00:05:44.880 a decision or interpretation 00:05:44.880 --> 00:05:47.400 made by the administrative official. 00:05:47.400 --> 00:05:49.960 Pursuant to DDC section 2.8.6, 00:05:49.960 --> 00:05:52.040 the director shall be responsible 00:05:52.040 --> 00:05:53.800 for all interpretations related 00:05:53.800 --> 00:05:55.600 to whether an unspecified use falls 00:05:55.600 --> 00:05:58.440 or new use classification, use category, 00:05:58.440 --> 00:06:01.680 or use type allowed in a zoning district. 00:06:01.680 --> 00:06:03.720 Since the proposed use, which in this case 00:06:03.720 --> 00:06:05.720 is installation of window tinting, vehicle wraps, 00:06:05.720 --> 00:06:07.520 and other aftermarket vehicle modifications 00:06:07.520 --> 00:06:10.960 is not listed in the table of allowed uses, 00:06:10.960 --> 00:06:12.720 the director made an interpretation 00:06:12.720 --> 00:06:17.560 using the standards in DDC section 2.8.6, D.2, 00:06:17.560 --> 00:06:20.240 which requires that interpretations be based 00:06:20.240 --> 00:06:23.200 on the standards in the DDC section 9.1 00:06:23.200 --> 00:06:24.920 and the following considerations. 00:06:24.920 --> 00:06:26.240 There's a lot, okay. 00:06:26.240 --> 00:06:28.160 Do I have to read all of these? 00:06:28.160 --> 00:06:29.400 Should I read all of these? 00:06:29.400 --> 00:06:30.360 - They're in the presentation. 00:06:30.360 --> 00:06:31.840 - Great, okay, fantastic. 00:06:31.840 --> 00:06:33.200 That saves me some time. 00:06:33.200 --> 00:06:34.360 Okay, so this is how it's gonna go. 00:06:34.360 --> 00:06:35.600 So I open the hearing. 00:06:35.600 --> 00:06:37.000 We're gonna hear from city staff. 00:06:37.000 --> 00:06:38.560 We're gonna hear from the applicant. 00:06:38.560 --> 00:06:40.880 We're gonna hear from the public. 00:06:40.880 --> 00:06:44.000 We can't make a decision in this meeting. 00:06:44.000 --> 00:06:45.320 I've gotta close the meeting 00:06:45.320 --> 00:06:48.200 and then open the same meeting, the next meeting, 00:06:48.200 --> 00:06:49.040 in the same space. 00:06:49.040 --> 00:06:50.200 So we're gonna take care of this tonight, 00:06:50.200 --> 00:06:52.600 but we'll have to do our deliberations 00:06:52.600 --> 00:06:54.640 and our voting in round two. 00:06:54.640 --> 00:06:57.480 I think that's it. 00:06:57.480 --> 00:06:58.920 Do I have to read anything more than this? 00:06:58.920 --> 00:07:00.640 I think we're good. 00:07:00.640 --> 00:07:02.200 Okay, so I'm calling the public hearing 00:07:02.200 --> 00:07:05.800 to order at 5.41. 00:07:05.800 --> 00:07:06.960 I will stop reading, 00:07:06.960 --> 00:07:09.840 and I think we'll call city staff 00:07:09.840 --> 00:07:11.320 and read Julie Vaziria. 00:07:11.320 --> 00:07:13.200 Thank you. 00:07:16.320 --> 00:07:19.720 Good evening, I'm Julie Wyatt, 00:07:19.720 --> 00:07:21.560 senior planner with the City of Desmond. 00:07:21.560 --> 00:07:24.680 We're heading this way. 00:07:24.680 --> 00:07:26.840 (mumbles) 00:07:26.840 --> 00:07:30.600 (doorbell rings) 00:07:30.600 --> 00:07:37.240 Okay. 00:07:37.240 --> 00:07:44.120 Good evening, I'm Julie Wyatt, 00:07:44.120 --> 00:07:45.480 senior planner. 00:07:45.480 --> 00:07:50.480 This is administrative appeal 22-0002, tent roll. 00:07:50.480 --> 00:07:55.400 So some background before we get into the request. 00:07:55.400 --> 00:07:59.240 The subject property is located at 709 South Elm. 00:07:59.240 --> 00:08:01.560 It's about .26 acres, 00:08:01.560 --> 00:08:04.840 and it's in a mixed use neighborhood zoning district. 00:08:04.840 --> 00:08:07.040 How this came to be and how we got here 00:08:07.040 --> 00:08:09.280 was it started with a building permit. 00:08:09.280 --> 00:08:11.840 The applicant submitted for a building permit 00:08:11.840 --> 00:08:13.920 for a tenant finish out. 00:08:13.920 --> 00:08:15.880 As part of that review, 00:08:15.880 --> 00:08:18.240 it was determined that the use was 00:08:18.240 --> 00:08:20.280 automotive repair shop minor, 00:08:20.280 --> 00:08:22.360 which requires a specific use permit 00:08:22.360 --> 00:08:24.120 in the zoning district. 00:08:24.120 --> 00:08:26.960 This is based upon, as you mentioned, 00:08:26.960 --> 00:08:31.160 subsection 2.8.6, and that's interpretations 00:08:31.160 --> 00:08:33.160 in the debt and development code, 00:08:33.160 --> 00:08:34.840 that the director shall be responsible 00:08:34.840 --> 00:08:36.160 for all interpretations, 00:08:36.160 --> 00:08:38.760 and that includes whether an unspecified use, 00:08:38.760 --> 00:08:41.240 where that falls within our use tables. 00:08:41.240 --> 00:08:43.080 Use tables can't be broad enough 00:08:43.080 --> 00:08:46.320 to include every single possible use, 00:08:46.320 --> 00:08:49.600 so those interpretations sometimes have to be made. 00:08:49.600 --> 00:08:53.520 So before we get into the specific request 00:08:53.520 --> 00:08:56.160 or the determination, 00:08:56.160 --> 00:08:59.320 wanna talk about how we arrived at that interpretation. 00:08:59.320 --> 00:09:01.800 So I would like to mention at this point 00:09:01.800 --> 00:09:05.040 that the applicant did feel that their use 00:09:05.040 --> 00:09:07.840 was more consistent with general retail, 00:09:07.840 --> 00:09:11.640 and so that's why we are here today. 00:09:11.640 --> 00:09:14.680 So the first criteria for that formal interpretation 00:09:14.680 --> 00:09:18.200 is the clear and plain meaning of the provisions wording, 00:09:18.200 --> 00:09:20.320 as defined by the meaning and significance, 00:09:20.320 --> 00:09:23.160 given specific terms used in the provision 00:09:23.160 --> 00:09:26.240 as established in subchapter nine, definitions, 00:09:26.240 --> 00:09:29.400 and by the common and accepted usage of that term. 00:09:29.400 --> 00:09:32.160 So the definition for automotive repair shop minor 00:09:32.160 --> 00:09:34.360 is an establishment primarily engaged 00:09:34.360 --> 00:09:37.600 in providing minor vehicle repair services, 00:09:37.600 --> 00:09:40.600 and that includes a list such as lubrication, 00:09:40.600 --> 00:09:43.120 oil and tire changes, and tune-ups, 00:09:43.120 --> 00:09:47.200 brake repair, tire replacement, and detailing and polishing. 00:09:47.200 --> 00:09:50.320 Major repairs, such as vehicle, body, work, or pain, 00:09:50.320 --> 00:09:52.080 those are a different classification. 00:09:52.080 --> 00:09:54.080 That goes to major. 00:09:54.080 --> 00:09:55.520 So when we looked at that, 00:09:55.520 --> 00:09:59.280 first we looked at that at subchapter nine 00:09:59.280 --> 00:10:01.920 in the development code, and as part of that, 00:10:01.920 --> 00:10:05.320 it talks about how we're supposed to read those definitions. 00:10:05.320 --> 00:10:08.000 And one of those is the list of examples 00:10:08.000 --> 00:10:10.880 that are contained within a definition. 00:10:10.880 --> 00:10:12.560 It's not an exhaustive list. 00:10:12.560 --> 00:10:16.240 That it is meant to illustrate what types of activities 00:10:16.240 --> 00:10:18.920 would be associated with that use. 00:10:18.920 --> 00:10:22.120 And in particular, we looked at that portion 00:10:22.120 --> 00:10:24.600 that is underlined in that definition. 00:10:24.600 --> 00:10:27.760 And then also that words and phrases should be construed 00:10:27.760 --> 00:10:30.320 according to the common and approved language, 00:10:30.320 --> 00:10:31.760 usage of the language. 00:10:31.760 --> 00:10:35.320 So we look at just that common usage of the word repair. 00:10:39.000 --> 00:10:41.920 We also talked to the property owner as part of this 00:10:41.920 --> 00:10:44.040 and kind of talked to them about what activities 00:10:44.040 --> 00:10:46.160 they would be doing on site. 00:10:46.160 --> 00:10:50.160 And we were provided further clarification, 00:10:50.160 --> 00:10:53.760 and that included sales and installation of window tinting, 00:10:53.760 --> 00:10:56.560 protective films and coatings, vehicle wraps 00:10:56.560 --> 00:11:00.240 and vehicle graphics, audio and video systems, 00:11:00.240 --> 00:11:03.520 and also mobile electronics and security systems. 00:11:03.520 --> 00:11:04.840 We also looked at their website. 00:11:04.840 --> 00:11:06.600 That can sometimes be instructivistic, 00:11:06.600 --> 00:11:09.200 kinds of things that they do on site. 00:11:09.200 --> 00:11:13.200 So we looked at what they do in Grapevine, 00:11:13.200 --> 00:11:16.320 and they also include auto detailing. 00:11:16.320 --> 00:11:20.280 So we looked a little closer at that definition, 00:11:20.280 --> 00:11:23.360 including that detailing and polishing. 00:11:23.360 --> 00:11:25.520 So there was concern about that, 00:11:25.520 --> 00:11:29.000 and it really, staff believes it speaks to that 00:11:29.000 --> 00:11:31.480 work performed on the exterior vehicle 00:11:31.480 --> 00:11:33.280 is included within that use. 00:11:33.280 --> 00:11:37.360 So that use, that definition was written broadly enough 00:11:37.360 --> 00:11:42.360 so that that detailing, that exterior work would include, 00:11:42.360 --> 00:11:46.960 or exterior work is included in that definition. 00:11:46.960 --> 00:11:50.640 So things like the window tinting and the vehicle wrap, 00:11:50.640 --> 00:11:53.720 that really does speak to that minor repair, 00:11:53.720 --> 00:11:57.760 or the automotive repair shop minor. 00:11:57.760 --> 00:12:00.200 It's really consistent with that definition. 00:12:01.200 --> 00:12:03.920 And also, in looking at their activities on site, 00:12:03.920 --> 00:12:07.080 the aftermarket installation requires alteration 00:12:07.080 --> 00:12:09.920 of the automobile's mechanical, electric system, 00:12:09.920 --> 00:12:12.320 which is also consistent with repair work. 00:12:12.320 --> 00:12:15.400 So they're really doing work not only on the exterior, 00:12:15.400 --> 00:12:17.440 which is included in that definition, 00:12:17.440 --> 00:12:18.800 but also in the interiors. 00:12:18.800 --> 00:12:20.880 We looked at it from both of those angles. 00:12:20.880 --> 00:12:25.240 The second criteria is the intended purpose 00:12:25.240 --> 00:12:28.120 of the provision, as indicated by the purpose statements, 00:12:28.120 --> 00:12:30.680 its context and consistency with the surrounding 00:12:30.680 --> 00:12:32.000 and related provisions, 00:12:32.000 --> 00:12:35.040 and any legislative history to its adoption. 00:12:35.040 --> 00:12:38.880 So chapter three of the Denton Development Code 00:12:38.880 --> 00:12:41.520 provides a purpose statement for the zoning district. 00:12:41.520 --> 00:12:43.440 And it's to support compatibility 00:12:43.440 --> 00:12:45.680 between higher intensity mixed use areas 00:12:45.680 --> 00:12:48.800 and adjacent residential and commercial areas. 00:12:48.800 --> 00:12:53.800 And paying particular attention to the area in bold, 00:12:53.800 --> 00:12:57.000 this district contributes to a vibrant environment 00:12:57.000 --> 00:12:58.600 for pedestrians and bicyclists 00:12:58.600 --> 00:13:01.400 through a variety of site design requirements, 00:13:01.400 --> 00:13:04.960 and includes varying densities of residential, neighborhoods, 00:13:04.960 --> 00:13:08.320 suburban retail, restaurants, commercial, and office uses. 00:13:08.320 --> 00:13:11.480 So when we look at that definition, 00:13:11.480 --> 00:13:16.480 it's not just a strict automotive zoning designation. 00:13:16.480 --> 00:13:18.440 We do have some zoning districts 00:13:18.440 --> 00:13:23.440 which are more closely aligned with automotive type uses, 00:13:23.440 --> 00:13:27.600 our highway corridor and our suburban corridor. 00:13:27.600 --> 00:13:29.520 Where a mixed use neighborhood is intended 00:13:29.520 --> 00:13:31.880 for more walkable districts, 00:13:31.880 --> 00:13:36.360 and also including pedestrians and bicyclists. 00:13:36.360 --> 00:13:39.360 And so for that reason, the MN district 00:13:39.360 --> 00:13:44.360 limits the automotive uses within that district, 00:13:44.360 --> 00:13:46.760 or either prohibits it or limits it. 00:13:46.760 --> 00:13:49.880 So for example, automotive fuel sales 00:13:49.880 --> 00:13:52.440 or automotive repair shop minor, 00:13:52.440 --> 00:13:54.160 when there's a specific use permit 00:13:54.160 --> 00:13:56.840 that's required within the Denton Development Code, 00:13:56.840 --> 00:14:01.040 what that means is the use may be appropriate in this area, 00:14:01.040 --> 00:14:03.360 but it requires a little more scrutiny. 00:14:03.360 --> 00:14:06.200 Things like design requirements, 00:14:06.200 --> 00:14:09.680 we wanna see a little more detail looked at that site 00:14:09.680 --> 00:14:11.000 before it could be approved, 00:14:11.000 --> 00:14:13.960 and it requires approval by the city council. 00:14:13.960 --> 00:14:17.400 And in this instance, because this is more of a 00:14:17.400 --> 00:14:21.460 pedestrian-oriented, but can't serve vehicles, 00:14:21.460 --> 00:14:23.960 that SUP is required. 00:14:23.960 --> 00:14:27.800 And so that was the information that we gave the applicant. 00:14:27.800 --> 00:14:30.440 It's intended to reduce any impacts related 00:14:30.440 --> 00:14:33.960 to those vehicle or automotive related uses. 00:14:33.960 --> 00:14:39.640 Number three, the intent to give every provision meaning. 00:14:39.640 --> 00:14:44.160 The intent of the DDC is to provide clear meaning 00:14:44.160 --> 00:14:47.060 to all terms, however, when there is not a clear meaning, 00:14:47.060 --> 00:14:50.120 that's when we bring in that interpretation procedure 00:14:50.120 --> 00:14:53.520 like we went through with this project. 00:14:54.320 --> 00:14:58.580 And then the general purposes served by this DDC. 00:14:58.580 --> 00:15:00.920 The DDC does give purpose statements 00:15:00.920 --> 00:15:03.520 for the entire DDC in SUP chapter one, 00:15:03.520 --> 00:15:06.160 and one of those is to encourage the appropriate use 00:15:06.160 --> 00:15:07.940 of land, buildings, and structures. 00:15:07.940 --> 00:15:10.400 In this instance, it's not that automotive uses 00:15:10.400 --> 00:15:13.400 aren't necessarily appropriate within the MN district, 00:15:13.400 --> 00:15:16.480 but once again, it needs that specific use permit, 00:15:16.480 --> 00:15:19.280 little more scrutiny, just take a little harder look 00:15:19.280 --> 00:15:20.600 at any of these uses. 00:15:20.600 --> 00:15:24.600 And then finally, consistency with the comprehensive plan. 00:15:24.600 --> 00:15:27.360 The interpretation is consistent with the description 00:15:27.360 --> 00:15:29.000 of the future land use designations, 00:15:29.000 --> 00:15:31.500 which support the mixed use neighborhood district. 00:15:31.500 --> 00:15:36.500 In this instance, the subject property is the area in red, 00:15:36.500 --> 00:15:39.080 and that's our downtown district, 00:15:39.080 --> 00:15:41.680 and that really comes from that square. 00:15:41.680 --> 00:15:44.540 It radiates out from the square. 00:15:44.540 --> 00:15:46.920 And what we wanna do is make sure 00:15:46.920 --> 00:15:50.840 that the development is sensitive to our downtown area. 00:15:50.840 --> 00:15:53.400 Mixed use neighborhood is also one of those 00:15:53.400 --> 00:15:57.680 zoning districts, or the future land use designations, 00:15:57.680 --> 00:16:00.480 which is consistent with the zoning district. 00:16:00.480 --> 00:16:03.820 And once again, it's intended for more walkable districts. 00:16:03.820 --> 00:16:08.080 And automotive uses are, of course, 00:16:08.080 --> 00:16:11.160 potentially okay for that area, 00:16:11.160 --> 00:16:13.720 but once again, needs a little additional scrutiny. 00:16:15.800 --> 00:16:17.600 And then also, there's another portion 00:16:17.600 --> 00:16:18.800 of the debt development code, 00:16:18.800 --> 00:16:22.120 which looks at use determinations, and that's subchapter five. 00:16:22.120 --> 00:16:25.400 And within subchapter five, the code requires 00:16:25.400 --> 00:16:27.960 that the director shall consider the potential impacts 00:16:27.960 --> 00:16:30.880 of the proposed use, including the nature of the use, 00:16:30.880 --> 00:16:33.560 and whether it includes welling, sales, processing, 00:16:33.560 --> 00:16:36.560 storage, operations, employment characteristics, 00:16:36.560 --> 00:16:39.620 nuisances, requirements for public utilities, 00:16:39.620 --> 00:16:41.600 and transportation requirements. 00:16:41.600 --> 00:16:43.240 Those are the things we should be looking at, 00:16:43.240 --> 00:16:45.080 or that the director should be looking at 00:16:45.080 --> 00:16:47.360 when a determination is made. 00:16:47.360 --> 00:16:49.960 In this instance, we looked at the proposed use. 00:16:49.960 --> 00:16:51.760 We thought about how it functions, 00:16:51.760 --> 00:16:54.740 given the types of activities on site, 00:16:54.740 --> 00:16:57.980 and our conversations with the applicant. 00:16:57.980 --> 00:17:02.560 So a car for this particular use would enter the site, 00:17:02.560 --> 00:17:04.800 would pull into a bay. 00:17:04.800 --> 00:17:09.800 The customer would leave their car with the facility, 00:17:12.520 --> 00:17:16.400 and then wait while their window tinting is being performed, 00:17:16.400 --> 00:17:20.880 or their vehicle wraps, so they would wait on site, 00:17:20.880 --> 00:17:22.200 and then they would drive away 00:17:22.200 --> 00:17:24.920 once their service is complete. 00:17:24.920 --> 00:17:27.320 So in looking at how that functions, we're like, 00:17:27.320 --> 00:17:29.660 that really sounds kind of like an oil change place, 00:17:29.660 --> 00:17:33.220 or a tire change, more consistent with that definition. 00:17:33.220 --> 00:17:37.760 We kind of looked at that in terms of, okay, 00:17:37.760 --> 00:17:41.420 well, how does that function based upon a general retail, 00:17:41.420 --> 00:17:44.880 or how we typically conceive of a general retail? 00:17:44.880 --> 00:17:46.040 Now, when we think of general retail, 00:17:46.040 --> 00:17:49.000 we think it's a place you either drive to or walk to. 00:17:49.000 --> 00:17:51.920 If you drive, you typically park your car in a parking lot, 00:17:51.920 --> 00:17:53.360 and then you get out of your car, 00:17:53.360 --> 00:17:55.640 and you walk to the sales floor, 00:17:55.640 --> 00:17:58.460 either inside or outside, make your purchase, 00:17:58.460 --> 00:18:00.220 and then leave with that purchase. 00:18:00.220 --> 00:18:04.440 So while they still are selling something, 00:18:04.440 --> 00:18:07.000 they do function differently, 00:18:07.000 --> 00:18:10.360 and they do have different potential impacts. 00:18:10.360 --> 00:18:15.200 And one of the potential impacts for the subject use 00:18:15.200 --> 00:18:18.560 would be visual impacts related to bay doors, 00:18:18.560 --> 00:18:20.520 because a car is having to drive in. 00:18:20.520 --> 00:18:22.600 So think of oil change places, 00:18:22.600 --> 00:18:24.880 and kind of physically how they look, 00:18:24.880 --> 00:18:27.540 and the vehicular maneuvering on site. 00:18:27.540 --> 00:18:30.880 Making sure that cars can move safely outside, 00:18:30.880 --> 00:18:33.320 and enter the site, and exit the site safely. 00:18:33.320 --> 00:18:36.660 And because of that, because of the functioning of the site, 00:18:36.660 --> 00:18:40.440 the director is determined that the use that is more 00:18:40.440 --> 00:18:43.800 appropriate is that automotive repair shop minor. 00:18:43.800 --> 00:18:46.880 Requiring that specific use permit 00:18:46.880 --> 00:18:48.960 to look at those potential impacts. 00:18:48.960 --> 00:18:54.840 So now we get to kind of that, you know, what next slide? 00:18:54.840 --> 00:18:56.680 So this is an administrative appeal, 00:18:56.680 --> 00:18:59.120 so I've gone through kind of staff's reasoning 00:18:59.120 --> 00:19:02.080 as to how we got to that automotive repair minor. 00:19:02.080 --> 00:19:04.160 It really is related to that definition, 00:19:04.160 --> 00:19:06.440 the clear meaning of that definition. 00:19:06.440 --> 00:19:07.920 How this site operates, 00:19:07.920 --> 00:19:10.720 and what the intent is of that zoning district. 00:19:10.720 --> 00:19:14.600 So there is criteria for approval 00:19:14.600 --> 00:19:16.160 in the Dent development code. 00:19:16.160 --> 00:19:18.260 It's in sub-chapter two. 00:19:18.260 --> 00:19:20.360 There are two criteria for approval, 00:19:20.360 --> 00:19:22.640 and those are in your backup as well. 00:19:22.640 --> 00:19:24.360 The facts stated in the application, 00:19:24.360 --> 00:19:27.960 as presented by the appellant and the director, 00:19:27.960 --> 00:19:29.600 and the requirements and the intent 00:19:29.600 --> 00:19:32.600 of the applicable standards from the Dent development code, 00:19:32.600 --> 00:19:36.160 compared to the written decision that is being appealed. 00:19:36.760 --> 00:19:40.000 So based upon that, it is a two-step process, 00:19:40.000 --> 00:19:41.680 as your chair mentioned. 00:19:41.680 --> 00:19:44.680 You have the public hearing, and that's right now. 00:19:44.680 --> 00:19:47.640 And then once that's finished, that would be closed, 00:19:47.640 --> 00:19:52.040 and then it would go to a decision right after. 00:19:52.040 --> 00:19:52.880 So that's all I have. 00:19:52.880 --> 00:19:55.000 I'll be happy to answer any questions. 00:19:55.000 --> 00:19:56.920 And the applicant is here 00:19:56.920 --> 00:19:58.800 to also make a presentation as well. 00:19:58.800 --> 00:20:01.320 - Any questions for city staff? 00:20:01.320 --> 00:20:04.360 I have a question. 00:20:04.360 --> 00:20:05.200 - Sure. 00:20:05.200 --> 00:20:07.920 - So I remember when I served on P&Z, 00:20:07.920 --> 00:20:11.440 we saw SCP applications all the time. 00:20:11.440 --> 00:20:16.440 So if this appeal is denied, 00:20:16.440 --> 00:20:18.920 where they're not able to get the six votes required, 00:20:18.920 --> 00:20:20.640 would the next step then be for them 00:20:20.640 --> 00:20:23.120 to consider going to P&Z, 00:20:23.120 --> 00:20:25.360 and then P&Z would pass it on to city council? 00:20:25.360 --> 00:20:27.200 Is that the kind of the chain of command? 00:20:27.200 --> 00:20:28.040 - That is correct. 00:20:28.040 --> 00:20:31.920 - Okay, and P&Z, to be clear, 00:20:31.920 --> 00:20:35.640 so we're looking at this with our ZBA hats on, 00:20:35.640 --> 00:20:38.240 like there's not a whole lot of flexibility, 00:20:38.240 --> 00:20:40.360 but P&Z has more flexibility 00:20:40.360 --> 00:20:43.360 in granting these types of requests. 00:20:43.360 --> 00:20:44.520 - You're exactly correct. 00:20:44.520 --> 00:20:46.760 And that's actually something we talked about in staff. 00:20:46.760 --> 00:20:50.560 So things like P&Z can look at the request, 00:20:50.560 --> 00:20:52.600 and they have different criteria for approval 00:20:52.600 --> 00:20:54.400 in the debt development code 00:20:54.400 --> 00:20:58.200 as to whether they would approve or recommend denial, 00:20:58.200 --> 00:21:00.040 or add conditions to the use. 00:21:00.040 --> 00:21:02.440 So there could be conditions added to the use 00:21:02.440 --> 00:21:05.200 as part of the SUP to ensure compatibility 00:21:05.200 --> 00:21:06.640 with the surrounding area. 00:21:06.640 --> 00:21:07.480 - Thank you. 00:21:07.480 --> 00:21:11.360 - And that part's kind of out of our hands though, right? 00:21:11.360 --> 00:21:12.800 - Yeah, 'cause that would be planning and zoning. 00:21:12.800 --> 00:21:15.400 That would be kind of more their purview, so, yeah. 00:21:15.400 --> 00:21:20.160 - I have a question. 00:21:20.160 --> 00:21:22.280 - Oh, you'll have a moment to speak. 00:21:22.280 --> 00:21:23.840 - I can ask her a question. 00:21:23.840 --> 00:21:27.320 - I think during the public hearing, 00:21:27.320 --> 00:21:29.320 I'm sorry, when he's invited up to speak, 00:21:29.320 --> 00:21:31.560 then he can ask questions that staff can answer later. 00:21:31.560 --> 00:21:32.760 - Correct. - Yeah. 00:21:32.760 --> 00:21:35.200 So I'll call you up during the, 00:21:35.200 --> 00:21:37.920 when it's your turn, and you can ask questions 00:21:37.920 --> 00:21:38.760 and then the staff can answer them for you. 00:21:38.760 --> 00:21:39.960 - Okay, thank you. - Yeah, yeah. 00:21:39.960 --> 00:21:41.300 So hold on to that, yeah. 00:21:41.300 --> 00:21:44.360 Anything else? 00:21:44.360 --> 00:21:46.280 Okay. 00:21:46.280 --> 00:21:47.120 Thank you, Julie. 00:21:47.120 --> 00:21:50.600 I'm gonna open up the applicant's presentation table. 00:21:50.600 --> 00:21:58.520 All right, if the applicant is here, 00:21:58.520 --> 00:22:00.920 would you like to approach the podium and... 00:22:00.920 --> 00:22:03.800 - Sure. - Thank you. 00:22:03.800 --> 00:22:06.640 And is there a time limit for the applicant to speak? 00:22:06.640 --> 00:22:10.880 - I think that's up to your discretion. 00:22:10.880 --> 00:22:13.240 I think that approximately equal time. 00:22:13.240 --> 00:22:14.080 - All right. - I'll talk as fast 00:22:14.080 --> 00:22:15.160 as I can across. - Yeah, no worries. 00:22:15.160 --> 00:22:16.000 No, it's fine. 00:22:16.000 --> 00:22:20.400 - That's great. 00:22:20.400 --> 00:22:22.440 I've got some stuff on the bottom already. 00:22:22.440 --> 00:22:23.280 - How about that? 00:22:23.280 --> 00:22:27.440 And if you could just state your name and your title. 00:22:27.440 --> 00:22:28.440 - My name is Jeff Stark. 00:22:28.440 --> 00:22:29.800 I am the Chief Operating Officer 00:22:29.800 --> 00:22:32.060 of Tint World and Franchise Company. 00:22:32.060 --> 00:22:33.840 I am here out of Boca Raton, Florida. 00:22:33.840 --> 00:22:35.640 I flew up today to attend this meeting. 00:22:35.640 --> 00:22:37.520 And thank you guys all for joining. 00:22:37.520 --> 00:22:38.640 I appreciate your time. 00:22:38.640 --> 00:22:43.300 Julie, thank you for your diligence on this. 00:22:43.300 --> 00:22:48.200 So I came today because I wanted to address the, 00:22:48.200 --> 00:22:51.760 I wanted to have the chance to address this in an appeal 00:22:51.760 --> 00:22:55.280 based on the stores that we do currently have, 00:22:55.280 --> 00:22:58.000 including the ones that we have here in Texas. 00:22:58.000 --> 00:22:59.560 And where they're located, 00:22:59.560 --> 00:23:03.800 what zoning and zoning districts they are located in, 00:23:03.800 --> 00:23:06.600 and the versatility that we have as a franchise company. 00:23:06.600 --> 00:23:07.440 Okay. 00:23:07.440 --> 00:23:11.780 To address some of the things that Julie had stated, 00:23:11.780 --> 00:23:16.120 one of which stood out a lot is categorizing Tint World 00:23:16.120 --> 00:23:18.600 as automotive repair minor 00:23:18.600 --> 00:23:21.600 is absolutely an incorrect classification. 00:23:21.600 --> 00:23:25.820 If there was seven items addressed in there, in that code, 00:23:25.820 --> 00:23:28.480 being oil changes, tire repairs, and replacement, 00:23:28.480 --> 00:23:30.920 engine repair, and certain things like that. 00:23:30.920 --> 00:23:33.200 And there was one item, and one item only, 00:23:33.200 --> 00:23:37.080 that we fell under, which brought us here today, 00:23:37.080 --> 00:23:38.760 which was detailing and polishing. 00:23:38.760 --> 00:23:42.120 What was explained to staff 00:23:42.120 --> 00:23:44.840 when Julie and I had a conversation back and forth 00:23:44.840 --> 00:23:48.120 is as a franchise company, and you guys looked at, 00:23:48.120 --> 00:23:50.960 you looked at a web page from one of our stores, 00:23:50.960 --> 00:23:53.480 I believe it was our Grapevine Texas store. 00:23:53.480 --> 00:23:56.200 And within that page, you saw services on there, 00:23:56.200 --> 00:23:57.380 such as Auto Detail. 00:23:57.380 --> 00:24:01.000 With a franchise company, 00:24:01.000 --> 00:24:04.040 when you log on to Tint World's website, okay, 00:24:04.040 --> 00:24:06.080 Tint World's website is a general website. 00:24:06.080 --> 00:24:07.980 And from there, as a consumer, 00:24:07.980 --> 00:24:11.080 you go to your individual store page located in your area 00:24:11.080 --> 00:24:13.940 that you were looking to retain services, okay. 00:24:13.940 --> 00:24:18.800 Our franchise allows for certain services to be done, 00:24:18.800 --> 00:24:21.600 and certain services to not be done, okay. 00:24:21.600 --> 00:24:24.840 Not all of our stores have to do detailing and polishing, 00:24:24.840 --> 00:24:27.920 which is the one area that falls under those seven, 00:24:27.920 --> 00:24:30.040 those seven different things that classify us 00:24:30.040 --> 00:24:34.900 as automotive repair minor in staff's opinion, okay. 00:24:34.900 --> 00:24:37.160 Throughout the country, 00:24:37.160 --> 00:24:39.520 we have about 100 locations right now currently open. 00:24:39.520 --> 00:24:42.520 We've got 7,400 development, okay. 00:24:42.520 --> 00:24:44.360 Out of the 100 locations that we have open, 00:24:44.360 --> 00:24:47.120 we have stores open in almost every zoning district 00:24:47.120 --> 00:24:47.940 you could think of. 00:24:47.940 --> 00:24:49.560 We are in planned development, 00:24:49.560 --> 00:24:53.540 we are in commercial one, commercial two, commercial three. 00:24:53.540 --> 00:24:55.500 We are also in mixed use. 00:24:55.500 --> 00:24:56.900 We are in standalone buildings, 00:24:56.900 --> 00:24:59.220 we're in automotive style buildings. 00:24:59.220 --> 00:25:01.840 We are in retail strip centers. 00:25:01.840 --> 00:25:03.120 We are in flex space. 00:25:03.120 --> 00:25:06.020 We have some stores that are located in industrial space. 00:25:06.020 --> 00:25:08.320 We are very versatile and all over the map. 00:25:08.320 --> 00:25:10.400 And I think one of the things that's important 00:25:10.400 --> 00:25:12.100 for me to point out for you guys, 00:25:12.100 --> 00:25:17.000 out of the 100 locations that we currently have open today, 00:25:18.840 --> 00:25:23.360 13% of those are in your traditional automotive spaces, okay. 00:25:23.360 --> 00:25:26.160 Out of the other 85 plus percent of the locations 00:25:26.160 --> 00:25:27.960 that are open today, 00:25:27.960 --> 00:25:32.640 12% of those 85 locations have needed an SUP to get approved. 00:25:32.640 --> 00:25:35.080 The balance of those locations have all been approved 00:25:35.080 --> 00:25:37.640 in the district, in the zoning that they are, 00:25:37.640 --> 00:25:41.640 with no modifications necessary, okay. 00:25:41.640 --> 00:25:44.680 The majority of the time that we do have to get an SUP 00:25:44.680 --> 00:25:46.280 when that does occur, 00:25:46.280 --> 00:25:48.560 it's because we're going into a retail strip center 00:25:48.560 --> 00:25:51.640 like that Grapevine store that you were showed, okay, 00:25:51.640 --> 00:25:54.160 where it was just a full regular retail strip center. 00:25:54.160 --> 00:25:55.780 We share that center with a True Dental. 00:25:55.780 --> 00:25:58.080 We share that center with a, 00:25:58.080 --> 00:26:02.200 I believe it's a Jersey Mike's Subplace, 00:26:02.200 --> 00:26:04.600 and a couple other things. 00:26:04.600 --> 00:26:07.360 And there was no overhead doors in the back of the space 00:26:07.360 --> 00:26:09.080 that for us to be able to pull vehicles inside 00:26:09.080 --> 00:26:11.480 to do some of the services that we do. 00:26:11.480 --> 00:26:13.120 And in those type of areas, 00:26:13.120 --> 00:26:16.520 it's typically where we need to have an SUP. 00:26:16.520 --> 00:26:21.040 We very recently converted a family video out in Rowlett, 00:26:21.040 --> 00:26:23.960 which is an area I'm sure you guys are all familiar with. 00:26:23.960 --> 00:26:25.680 And for that, we needed to get an SUP. 00:26:25.680 --> 00:26:28.200 We were converting a family video, you know. 00:26:28.200 --> 00:26:32.720 I mean, it was a considerable deal, 00:26:32.720 --> 00:26:35.880 and it was one of those areas that we had to get it. 00:26:35.880 --> 00:26:37.180 But in most, we do not. 00:26:37.180 --> 00:26:41.000 With that being said, what I would like to do, 00:26:41.000 --> 00:26:44.160 I do have, and I know that I see that it's onto this, 00:26:44.160 --> 00:26:47.600 but I would, has anybody seen the video 00:26:47.600 --> 00:26:49.000 that we prepared a two minute video 00:26:49.000 --> 00:26:50.600 just showing a depiction of our store? 00:26:50.600 --> 00:26:51.820 Has anybody seen that? 00:26:51.820 --> 00:26:52.660 - It was not. 00:26:52.660 --> 00:26:53.880 - Would you guys mind if I played that for you? 00:26:53.880 --> 00:26:55.240 - That's fine, yeah. - Okay. 00:26:55.240 --> 00:26:57.900 (clears throat) 00:26:57.900 --> 00:27:03.640 Let's see here. 00:27:03.640 --> 00:27:10.100 (upbeat music) 00:27:11.880 --> 00:27:14.720 This video is just showing you some of our stores, 00:27:14.720 --> 00:27:18.900 what they look like, okay, and what they consist of. 00:27:18.900 --> 00:27:23.200 We are not your stereotypical oil change looking location. 00:27:23.200 --> 00:27:26.700 We do have a few, like I said, that are automotive spaces, 00:27:26.700 --> 00:27:28.920 but the majority are not, okay. 00:27:28.920 --> 00:27:30.440 And when you look at our locations, 00:27:30.440 --> 00:27:33.200 our locations are a lot like, you know, 00:27:33.200 --> 00:27:36.520 a little bit different, but a lot like in the retail setting, 00:27:36.520 --> 00:27:38.040 like you like your apps. 00:27:38.040 --> 00:27:39.600 They're very high end. 00:27:39.600 --> 00:27:43.080 They're very technologically advanced. 00:27:43.080 --> 00:27:45.700 They're clean, they're neat. 00:27:45.700 --> 00:27:47.360 They have beautiful restrooms. 00:27:47.360 --> 00:27:49.440 They've got fantastic waiting areas for customers 00:27:49.440 --> 00:27:51.280 and those who do choose to wait. 00:27:51.280 --> 00:27:54.040 We also have retail products, including apparel, 00:27:54.040 --> 00:27:58.160 that we do sell on the retail floor, okay. 00:27:58.160 --> 00:28:02.000 And one of the things also that you guys were told, 00:28:02.000 --> 00:28:04.760 as well, from staff, is that 00:28:07.320 --> 00:28:09.720 we're not your stereotypical retail store 00:28:09.720 --> 00:28:11.040 where you walk in and purchase products 00:28:11.040 --> 00:28:12.040 that will meet with it. 00:28:12.040 --> 00:28:14.400 And that is not necessarily the case. 00:28:14.400 --> 00:28:15.800 Many of our customers come in, 00:28:15.800 --> 00:28:17.880 just like they would into a Best Buy, 00:28:17.880 --> 00:28:19.720 and they will purchase something right off the shelf 00:28:19.720 --> 00:28:21.240 and take it home, whether it be for a Christmas, 00:28:21.240 --> 00:28:23.500 present, or birthday gift, or whatever the case may be. 00:28:23.500 --> 00:28:25.000 Whether they choose to come back to us 00:28:25.000 --> 00:28:27.320 and have that product installed or not 00:28:27.320 --> 00:28:28.200 is another question. 00:28:28.200 --> 00:28:30.200 Sometimes they do, sometimes they don't. 00:28:30.200 --> 00:28:33.680 Yes, we do offer services. 00:28:33.680 --> 00:28:37.360 We offer services that we do install here in the store. 00:28:37.360 --> 00:28:40.200 We do not need to do detailing and polishing 00:28:40.200 --> 00:28:42.760 like is the one and only item. 00:28:42.760 --> 00:28:45.880 Within automotive minor, based on your guys' categories, 00:28:45.880 --> 00:28:50.080 window tint and things like that that are applied, 00:28:50.080 --> 00:28:51.640 there is nothing mechanical about it. 00:28:51.640 --> 00:28:53.460 We do not work on internal engines. 00:28:53.460 --> 00:28:56.040 We don't open the hoods of people's cars. 00:28:56.040 --> 00:28:58.680 That is not the kind of work that we perform. 00:28:58.680 --> 00:29:01.440 What we perform is not a lot different than if you went to a, 00:29:01.440 --> 00:29:04.760 if you had a business cleaning company, a delivery company, 00:29:04.760 --> 00:29:07.880 and you had a commercial van and you took to the fast signs 00:29:07.880 --> 00:29:12.240 because you wanted to get some sort of logos or lettering 00:29:12.240 --> 00:29:14.340 or anything like that put on the outside windows. 00:29:14.340 --> 00:29:16.060 That would be allowed in almost any district. 00:29:16.060 --> 00:29:16.900 It's no different. 00:29:16.900 --> 00:29:18.660 What we do is no different. 00:29:18.660 --> 00:29:20.120 It's absolutely no different. 00:29:20.120 --> 00:29:24.960 For all those reasons, and then some, 00:29:24.960 --> 00:29:28.120 is why we do feel like we should not have to, 00:29:28.120 --> 00:29:32.040 we feel like we should not have to get an SUV for this, 00:29:32.040 --> 00:29:36.120 we don't feel as if the determination 00:29:36.120 --> 00:29:38.760 was an accurate depiction of our business. 00:29:38.760 --> 00:29:42.800 And quite frankly, what I've been told over and over again 00:29:42.800 --> 00:29:46.160 is how much that the city of Denton is looking 00:29:46.160 --> 00:29:47.880 to revitalize this particular area 00:29:47.880 --> 00:29:51.060 and turn it into something much nicer, much higher end 00:29:51.060 --> 00:29:53.800 to bring in more retail type of business. 00:29:53.800 --> 00:29:56.040 We're exactly the kind of business that you would want 00:29:56.040 --> 00:29:59.440 in that market in order to bring those customers in, okay? 00:29:59.440 --> 00:30:02.520 We bring traffic, the traffic that we bring to our stores 00:30:02.520 --> 00:30:04.440 is a lot of it is your high-end customers, 00:30:04.440 --> 00:30:06.640 your customers that drive the Mercedes, the Ferraris, 00:30:06.640 --> 00:30:08.760 the McLarens, the Bentleys, they're the ones 00:30:08.760 --> 00:30:11.280 that are getting some of this work done to their vehicles. 00:30:11.280 --> 00:30:14.620 And our type of business is a kind of business 00:30:14.620 --> 00:30:16.920 that will bring that traffic to that area. 00:30:16.920 --> 00:30:18.520 If you want to start that process, 00:30:18.520 --> 00:30:22.080 my understanding is that it's been in process since 2019, 00:30:22.080 --> 00:30:26.020 we'd be a great start in the right direction, okay? 00:30:27.040 --> 00:30:29.360 So I'm just gonna run through this with you real quick. 00:30:29.360 --> 00:30:31.520 This is just a, I mean, this is probably nothing 00:30:31.520 --> 00:30:32.400 that you haven't already seen. 00:30:32.400 --> 00:30:35.200 It was in the letter that we provided 00:30:35.200 --> 00:30:36.840 for the appeal of the decision. 00:30:36.840 --> 00:30:39.240 Tells you a little bit about Tim World. 00:30:39.240 --> 00:30:42.060 We started in 1982 with six company locations, 00:30:42.060 --> 00:30:44.160 been in franchising since 2007. 00:30:44.160 --> 00:30:46.000 We are the now today, the industry leading 00:30:46.000 --> 00:30:49.360 automotive franchise opportunity with over 100 locations. 00:30:49.360 --> 00:30:51.600 Our centers typically range between four and 6,000 00:30:51.600 --> 00:30:55.040 square feet of interior AC space, climate control space. 00:30:56.040 --> 00:30:57.320 (clears throat) 00:30:57.320 --> 00:31:00.280 Most of our service are completed within one to two hours. 00:31:00.280 --> 00:31:02.000 So they can wait, they can drop their vehicle off, 00:31:02.000 --> 00:31:02.840 they can return. 00:31:02.840 --> 00:31:05.360 We have the luxury of usually getting larger facilities, 00:31:05.360 --> 00:31:07.560 so when the vehicles are done, we will leave them inside 00:31:07.560 --> 00:31:10.880 till the customer picks it up as to not be a parking burden. 00:31:10.880 --> 00:31:14.440 One of the other things that was pointed out by Julie 00:31:14.440 --> 00:31:17.280 was when, I believe there was a concern 00:31:17.280 --> 00:31:20.120 wrapped around the aesthetics of having overhead doors 00:31:20.120 --> 00:31:25.000 that looking inward, what that looks like from the outside. 00:31:25.000 --> 00:31:27.800 In this particular location, as is most of our locations 00:31:27.800 --> 00:31:31.040 that are retail, the bay door is in the back. 00:31:31.040 --> 00:31:32.280 It's not visible from anybody. 00:31:32.280 --> 00:31:33.960 It's not visible from the street. 00:31:33.960 --> 00:31:36.040 It poses no threat to traffic. 00:31:36.040 --> 00:31:39.960 You know, I haven't, like I told you, I live in Florida. 00:31:39.960 --> 00:31:41.840 I don't live here, but I have been to this location 00:31:41.840 --> 00:31:43.320 a couple times. 00:31:43.320 --> 00:31:44.960 My understanding from what I can see there, 00:31:44.960 --> 00:31:46.520 I don't even believe there's sidewalks there, 00:31:46.520 --> 00:31:48.560 so I don't think that pedestrian traffic 00:31:48.560 --> 00:31:51.440 and bicycle traffic is really gonna be an issue, 00:31:51.440 --> 00:31:52.760 'cause I don't even believe there's a sidewalk 00:31:52.760 --> 00:31:53.600 to walk on over there. 00:31:53.600 --> 00:31:55.040 Am I correct about that? 00:31:55.040 --> 00:31:56.080 Right. 00:31:56.080 --> 00:31:58.200 So I don't think that would even be something 00:31:58.200 --> 00:32:00.440 that would be relevant to this. 00:32:00.440 --> 00:32:04.280 We have, our typical store has roughly about four employees. 00:32:04.280 --> 00:32:06.720 You can see here that these are these services 00:32:06.720 --> 00:32:08.040 that you're looking at on the screen right now. 00:32:08.040 --> 00:32:10.560 These are what we would consider our core services. 00:32:10.560 --> 00:32:12.720 And again, everything for us is adjustable 00:32:12.720 --> 00:32:14.600 based on the location. 00:32:14.600 --> 00:32:16.640 Every different municipality that we deal with 00:32:16.640 --> 00:32:19.480 has different criteria and different things they allow. 00:32:19.480 --> 00:32:21.880 For example, like she mentioned detailing 00:32:21.880 --> 00:32:24.680 with our grapevine location, that is a location that does it. 00:32:24.680 --> 00:32:26.960 The colony does it, Rowlett does not. 00:32:26.960 --> 00:32:28.640 Ben Brook, we have one in Ben Brook 00:32:28.640 --> 00:32:29.920 that's recently opened in Fort Worth. 00:32:29.920 --> 00:32:31.200 They are allowed to do it. 00:32:31.200 --> 00:32:33.440 But we have that versatility to be able to allow it 00:32:33.440 --> 00:32:35.240 or not allow it based on what we are, 00:32:35.240 --> 00:32:38.180 based on what the allowable uses are at that location. 00:32:38.180 --> 00:32:41.760 40 plus years of success. 00:32:41.760 --> 00:32:44.320 We currently have over 100 stores open. 00:32:44.320 --> 00:32:46.880 We've got 50 plus that are gonna open this year. 00:32:46.880 --> 00:32:49.560 We're targeted for 300 locations nationwide 00:32:49.560 --> 00:32:50.880 by the end of 2025. 00:32:50.880 --> 00:32:52.960 We're operating currently in 35 states. 00:32:52.960 --> 00:32:55.560 We're operating in Canada, Saudi Arabia, and Dubai. 00:32:55.560 --> 00:32:59.360 This is the building, right here, a picture of the building, 00:32:59.360 --> 00:33:00.800 which I also think is important. 00:33:00.800 --> 00:33:03.560 This building is already very aesthetically pleasing 00:33:03.560 --> 00:33:05.160 on the outside. 00:33:05.160 --> 00:33:07.120 This is what the building would look like with, 00:33:07.120 --> 00:33:09.520 some of it would look like with our signage on it, 00:33:09.520 --> 00:33:12.560 would fit right in with the community. 00:33:12.560 --> 00:33:18.680 We have a very in-depth center design process 00:33:18.680 --> 00:33:21.400 as I'm sure that has been presented with our 00:33:21.400 --> 00:33:22.720 architectural plans that we submitted 00:33:22.720 --> 00:33:24.720 for the interior space build out 00:33:24.720 --> 00:33:26.760 and the video that you guys just watched. 00:33:26.760 --> 00:33:30.520 Awards of, you know, some different things that, you know, 00:33:30.520 --> 00:33:32.020 just some pictures of different buildings. 00:33:32.020 --> 00:33:34.220 You guys have already seen that on the video. 00:33:34.220 --> 00:33:39.360 You can see that, you know, looking at some of these pictures, 00:33:39.360 --> 00:33:41.040 like this is some of the vehicles that we, you know, 00:33:41.040 --> 00:33:42.440 that we bring, the kind of customers 00:33:42.440 --> 00:33:44.800 that we bring to our locations. 00:33:44.800 --> 00:33:46.680 The work that we do is extremely high end. 00:33:46.680 --> 00:33:49.200 We are not your stereotypical automotive repair shop, 00:33:49.200 --> 00:33:50.760 not in any way whatsoever, 00:33:50.760 --> 00:33:53.840 as we don't do any automotive repair work at all. 00:33:53.840 --> 00:33:55.400 We do have, like I mentioned before, 00:33:55.400 --> 00:33:57.840 we have 12 or 13 locations across the country 00:33:57.840 --> 00:34:00.280 that are in your stereotypical automotive repair shops 00:34:00.280 --> 00:34:02.360 and we have the option to add on auto repair 00:34:02.360 --> 00:34:04.920 for those locations where it's possible. 00:34:04.920 --> 00:34:07.280 But by no means is it a mandatory service 00:34:07.280 --> 00:34:09.540 anywhere within our franchise. 00:34:09.540 --> 00:34:11.120 You can see here, again, just some pictures 00:34:11.120 --> 00:34:13.720 of what our showrooms look like, very high end. 00:34:13.720 --> 00:34:15.680 It's not really, it's on a smaller scale. 00:34:15.680 --> 00:34:17.200 It's not a lot different from what you would see 00:34:17.200 --> 00:34:18.120 at a normal Best Buy. 00:34:18.120 --> 00:34:20.320 You're able to go in, purchase products, 00:34:20.320 --> 00:34:24.360 and even in Best Buy, they do have car installation centers 00:34:24.360 --> 00:34:25.240 inside their Best Buys. 00:34:25.240 --> 00:34:27.400 You can pick, you can choose to pick the product up in LEED. 00:34:27.400 --> 00:34:29.560 You can choose to have it installed there at the Best Buy. 00:34:29.560 --> 00:34:31.640 We are not really any different than that. 00:34:31.640 --> 00:34:36.560 Here's some more pictures of our interior of our spaces. 00:34:36.560 --> 00:34:38.560 A lot of it's what you've already seen. 00:34:45.680 --> 00:34:47.640 This is just some of our awards. 00:34:47.640 --> 00:34:50.640 We're ranked number one in category 2021. 00:34:50.640 --> 00:34:53.080 Top global franchise in 2021. 00:34:53.080 --> 00:34:57.080 We've been reviewed every year by our own franchise system 00:34:57.080 --> 00:34:59.520 and we get top awards by our own franchise system 00:34:59.520 --> 00:35:03.040 for how our franchise is built and how it operates. 00:35:03.040 --> 00:35:09.560 This is what your typical grand opening would look like. 00:35:09.560 --> 00:35:13.400 I got a couple more pictures of our space. 00:35:13.400 --> 00:35:17.400 I thought this was actually important. 00:35:17.400 --> 00:35:19.520 Julie had mentioned Grapevine. 00:35:19.520 --> 00:35:22.640 This is a letter that we obtained a while ago 00:35:22.640 --> 00:35:25.400 back from a neighbor that shared the building 00:35:25.400 --> 00:35:27.800 with our 10 World in Grapevine. 00:35:27.800 --> 00:35:30.760 And basically what this says is that 00:35:30.760 --> 00:35:33.280 they've been next to us for quite some time. 00:35:33.280 --> 00:35:35.280 They've never been disrupted by any of our services. 00:35:35.280 --> 00:35:37.840 We're never any excessive noise or disturbance of any kind. 00:35:37.840 --> 00:35:39.920 We run a very clean operation. 00:35:39.920 --> 00:35:41.480 We don't create any excessive trash 00:35:41.480 --> 00:35:43.440 in the parking lot or dumpster area. 00:35:43.440 --> 00:35:45.400 We maintain our space very, very nicely 00:35:45.400 --> 00:35:46.600 as you can see from the photos 00:35:46.600 --> 00:35:48.600 and the video that you guys just watched. 00:35:48.600 --> 00:35:50.960 We are always very respectful 00:35:50.960 --> 00:35:52.680 to any of the patrons in the area. 00:35:52.680 --> 00:35:55.000 We maintain a high level of professionalism 00:35:55.000 --> 00:35:58.000 and overall they enjoy sharing the space with us. 00:35:58.000 --> 00:35:59.240 It's also fun for them and interesting 00:35:59.240 --> 00:36:00.360 to see the exciting vehicles 00:36:00.360 --> 00:36:02.320 that we have at our shop all the time. 00:36:02.320 --> 00:36:05.320 So I thought that was important to show 00:36:05.320 --> 00:36:06.160 and it happened to be that, 00:36:06.160 --> 00:36:09.160 and this is our corporate staff. 00:36:09.160 --> 00:36:12.360 I don't know if that doesn't want to get their photo. 00:36:12.360 --> 00:36:13.720 - They all look very nice. 00:36:13.720 --> 00:36:17.000 - Anyway, so that's my presentation 00:36:17.000 --> 00:36:19.200 and I'm happy to answer any questions you guys have 00:36:19.200 --> 00:36:20.040 if you have any. 00:36:20.040 --> 00:36:24.200 - Questions for the applicant? 00:36:24.200 --> 00:36:26.360 - I do actually. - Go ahead, sure. 00:36:26.360 --> 00:36:28.160 - So I was just, and there's no question 00:36:28.160 --> 00:36:30.080 you have a very successful company 00:36:30.080 --> 00:36:31.040 that you're representing. 00:36:31.040 --> 00:36:31.880 It looks awesome. 00:36:31.880 --> 00:36:33.320 The buildings look awesome. 00:36:33.320 --> 00:36:34.400 - Thank you. 00:36:34.400 --> 00:36:36.520 - But I wanted to know, 00:36:36.520 --> 00:36:37.560 because it's my understanding 00:36:37.560 --> 00:36:38.800 that we're making a decision 00:36:38.800 --> 00:36:41.040 based on some very technical definitions 00:36:41.040 --> 00:36:44.400 that don't necessarily account 00:36:44.400 --> 00:36:46.200 for how successful a company is. 00:36:46.200 --> 00:36:47.360 - Agreed. 00:36:47.360 --> 00:36:51.920 - I'm wondering if you had to do the specific use permit, 00:36:51.920 --> 00:36:53.800 what is the concern with that? 00:36:53.800 --> 00:37:00.000 - In all honesty, it's not that it's a huge concern 00:37:00.000 --> 00:37:01.560 rather than the fact that I just, 00:37:01.560 --> 00:37:05.800 based on this building and where this is located currently, 00:37:05.800 --> 00:37:10.280 what is around it and what you guys are going for 00:37:10.280 --> 00:37:12.200 in this revitalization in this area, 00:37:12.200 --> 00:37:14.000 I think that we fit in very well 00:37:14.000 --> 00:37:16.520 without getting a special use permit. 00:37:16.520 --> 00:37:19.280 There is obviously some concern 00:37:19.280 --> 00:37:22.680 wrapped around the cost of an SUP 00:37:22.680 --> 00:37:24.200 for this particular area. 00:37:24.200 --> 00:37:26.920 The cost here for a special use permit 00:37:26.920 --> 00:37:30.880 is more than nine times what it is anywhere else 00:37:30.880 --> 00:37:33.760 in the country that I've gotten an SUP anywhere. 00:37:33.760 --> 00:37:36.720 A typical SUP process cost me somewhere between six 00:37:36.720 --> 00:37:41.200 and $1,200 and here it is over 8,000 in the city of Denver. 00:37:41.200 --> 00:37:46.600 My franchisee did spend some time on the phone 00:37:46.600 --> 00:37:51.040 with somebody from staff, and I don't know who that was, 00:37:51.040 --> 00:37:56.000 and that person basically told my franchisee 00:37:56.000 --> 00:37:57.480 that you can go ahead and apply for the SUP 00:37:57.480 --> 00:37:59.320 but you're probably not gonna get it. 00:38:02.680 --> 00:38:05.960 I am not a big gambling man, 00:38:05.960 --> 00:38:08.800 but I will tell you that I don't really have a problem 00:38:08.800 --> 00:38:11.400 gambling on six or $1,200 but when you're talking 00:38:11.400 --> 00:38:14.880 about $8,500 on something that we feel, 00:38:14.880 --> 00:38:16.360 based on the decision, should have been approved 00:38:16.360 --> 00:38:19.560 from the get-go is a very big gamble 00:38:19.560 --> 00:38:23.280 when you have people from that department 00:38:23.280 --> 00:38:25.080 already telling you that you're not gonna get approved 00:38:25.080 --> 00:38:26.460 if you do it. 00:38:26.460 --> 00:38:31.120 Quite frankly, we've got a lot of time and money 00:38:31.120 --> 00:38:33.680 already invested into this space based on information 00:38:33.680 --> 00:38:35.960 that we were provided in the upfront 00:38:35.960 --> 00:38:37.960 before we submitted our plans. 00:38:37.960 --> 00:38:42.960 And to take a gamble on yet another $8,500, 00:38:42.960 --> 00:38:48.200 quite frankly, is gonna take a very, very nice 00:38:48.200 --> 00:38:51.640 pair of business owners who are trying 00:38:51.640 --> 00:38:55.040 to do something for themselves, for their future, 00:38:55.040 --> 00:38:58.800 and it's gonna be a very immense financial burden. 00:38:58.800 --> 00:39:01.720 It's also gonna be a burden for Mr. Weathered over there 00:39:01.720 --> 00:39:04.440 who owns this property and it's been vacant 00:39:04.440 --> 00:39:08.920 for some time, and an SEP process takes a little while. 00:39:08.920 --> 00:39:13.040 So there's a couple of issues wrapped around it. 00:39:13.040 --> 00:39:17.600 Not that we couldn't apply for the SEP, it is possible. 00:39:17.600 --> 00:39:19.840 It is possible to do, but it's not an area 00:39:19.840 --> 00:39:22.180 that we really feel that we should have to. 00:39:22.180 --> 00:39:25.680 That's it. 00:39:25.680 --> 00:39:28.120 - No, you go ahead. 00:39:28.120 --> 00:39:30.760 What services were you planning to provide there initially 00:39:30.760 --> 00:39:32.280 before any of this came up? 00:39:32.280 --> 00:39:38.200 - We always are told, when we discuss our use 00:39:38.200 --> 00:39:42.080 with the city, the city usually gives us conditions 00:39:42.080 --> 00:39:43.960 on what we can and can't do. 00:39:43.960 --> 00:39:46.200 So we will do, the services that we typically do, 00:39:46.200 --> 00:39:48.600 our core services is window tinting, 00:39:48.600 --> 00:39:53.040 paint protection film, vinyl wraps, 12-volt accessories, 00:39:53.040 --> 00:39:56.160 which is like, if your radio breaks in your car, 00:39:56.160 --> 00:39:58.720 you come in, you have your radio taken out and replaced, 00:39:58.720 --> 00:40:00.080 or your speakers taken out and replaced, 00:40:00.080 --> 00:40:01.440 very quick in and out services. 00:40:01.440 --> 00:40:03.440 They're usually plug and play. 00:40:03.440 --> 00:40:06.800 There's not a bunch of immense wiring 00:40:06.800 --> 00:40:09.320 and disassembling of vehicles going on 00:40:09.320 --> 00:40:10.360 in our type of business. 00:40:10.360 --> 00:40:11.280 That's not what we do. 00:40:11.280 --> 00:40:12.320 That's not what we're here for. 00:40:12.320 --> 00:40:15.200 There is custom shops out there that do that. 00:40:15.200 --> 00:40:19.720 There is lots of one-off custom car stereos 00:40:19.720 --> 00:40:23.080 that they build these massive stereo systems for customers 00:40:23.080 --> 00:40:25.880 and they're wiring cars for weeks and months on end. 00:40:25.880 --> 00:40:27.600 That's not the business that we're in. 00:40:27.600 --> 00:40:29.600 We are in the, we are in what you would call 00:40:29.600 --> 00:40:31.880 the quick replacement category. 00:40:31.880 --> 00:40:35.120 Like I was saying, not much different from the Best Buy. 00:40:35.120 --> 00:40:38.960 Okay, so window tinting, paint protection film, 00:40:38.960 --> 00:40:40.920 vehicle wraps, car stereo, 00:40:40.920 --> 00:40:47.000 any kind of, any kind of, you know, coating, 00:40:47.000 --> 00:40:50.120 you know, film type coating, windshield protection. 00:40:50.120 --> 00:40:53.200 You know, that's the best services that, 00:40:53.200 --> 00:40:54.280 those are our core services. 00:40:54.280 --> 00:40:56.560 That's what we do on a daily basis, you know? 00:40:56.560 --> 00:40:58.400 And it's also, I think it's also important to, you know, 00:40:58.400 --> 00:41:03.400 to note that just taking the Dallas market on its own, 00:41:03.400 --> 00:41:07.760 we have, we have currently five, 00:41:07.760 --> 00:41:09.120 this is going to be store number six. 00:41:09.120 --> 00:41:11.480 We have another one opening two, it'll be seven locations. 00:41:11.480 --> 00:41:13.680 And our stores do an average in this market 00:41:13.680 --> 00:41:17.120 or do an average of about $1.45 million a year of revenue. 00:41:17.120 --> 00:41:19.920 You know, and that's, and that generates, 00:41:19.920 --> 00:41:21.320 it generates a lot of revenue for the, you know, 00:41:21.320 --> 00:41:23.760 for the city as well, you know? 00:41:23.760 --> 00:41:27.200 So I also think that's important to whatever extent. 00:41:27.200 --> 00:41:30.520 - Were you planning on doing the polishing and the-- 00:41:30.520 --> 00:41:31.360 - Detail. 00:41:31.360 --> 00:41:33.880 - The detail before this happened? 00:41:33.880 --> 00:41:36.520 - If it's something that we were allowed to do, sure. 00:41:36.520 --> 00:41:38.280 But we don't, but it's not, 00:41:38.280 --> 00:41:40.840 it's not one of our core services. 00:41:40.840 --> 00:41:41.680 - Okay. 00:41:41.680 --> 00:41:50.080 - So my question was one, it could be his question. 00:41:50.080 --> 00:41:52.240 So I'll go to my second one. 00:41:53.640 --> 00:41:56.040 - According to your information that you presented, 00:41:56.040 --> 00:42:00.120 you said that at least one or more overhead doors 00:42:00.120 --> 00:42:03.080 and you had indicated it was going to be in the back 00:42:03.080 --> 00:42:04.840 rather than a drive-through. 00:42:04.840 --> 00:42:05.680 - Yes. 00:42:05.680 --> 00:42:08.320 - Where is it coming into or out of? 00:42:08.320 --> 00:42:10.080 - It's in the, at the entrance to the, 00:42:10.080 --> 00:42:11.880 the entrance to the, what you would consider the shop, 00:42:11.880 --> 00:42:14.720 the quote unquote shop area is in the back of the building. 00:42:14.720 --> 00:42:16.400 So you would drive around the side of the building 00:42:16.400 --> 00:42:18.960 to the back, it would enter the vehicle there. 00:42:18.960 --> 00:42:21.240 The vehicle stays inside parked for an hour or two, 00:42:21.240 --> 00:42:22.640 whatever it takes for us to do the service. 00:42:22.640 --> 00:42:24.360 And then it's pulled back out and parked 00:42:24.360 --> 00:42:25.800 when the customer comes to pick it up. 00:42:25.800 --> 00:42:26.640 - Okay. 00:42:26.640 --> 00:42:29.880 I drive south Elm every day. 00:42:29.880 --> 00:42:32.560 - It's the, it's the old twisted body studio. 00:42:32.560 --> 00:42:33.400 - Yeah. 00:42:33.400 --> 00:42:35.320 Now I know exactly which building it is. 00:42:35.320 --> 00:42:36.680 - Me too. 00:42:36.680 --> 00:42:40.520 - You drive in and then you try and drive out. 00:42:40.520 --> 00:42:41.600 - Yes. 00:42:41.600 --> 00:42:42.760 As we do- - In the same way? 00:42:42.760 --> 00:42:44.640 - Yeah, as we do with all of our stores. 00:42:44.640 --> 00:42:47.000 - And you don't go the wrong way on Elm? 00:42:47.000 --> 00:42:49.240 - The wrong way on Elm? 00:42:49.240 --> 00:42:50.800 - It's a one-way. - It's a one-way? 00:42:50.800 --> 00:42:52.520 - It's a one-way, right. 00:42:52.520 --> 00:42:55.840 And I say that because there is a body shop 00:42:55.840 --> 00:42:58.440 that is on a one-way street and it's a body shop, 00:42:58.440 --> 00:43:00.560 but I'm not saying the truth is, 00:43:00.560 --> 00:43:04.120 that pulls out regularly the wrong way 00:43:04.120 --> 00:43:06.840 because it's easier to get to their customers. 00:43:06.840 --> 00:43:09.760 So I'm looking at how you do that. 00:43:09.760 --> 00:43:12.560 - Yeah, I'm not sure if I'm following that. 00:43:12.560 --> 00:43:14.480 - Well, it's a, I'm sorry. 00:43:14.480 --> 00:43:15.320 - Go ahead. 00:43:15.320 --> 00:43:16.280 You know exactly what I'm talking about. 00:43:16.280 --> 00:43:21.000 - Well, it's a trend that happens right there. 00:43:22.480 --> 00:43:25.160 And I want to say it's a little bit more north on the Elm 00:43:25.160 --> 00:43:30.160 that it happens and they just pull out there all the time. 00:43:30.160 --> 00:43:33.920 There's been several accidents right there, actually, 00:43:33.920 --> 00:43:35.480 just like cars being clipped. 00:43:35.480 --> 00:43:40.960 - Yeah, so is the drive on the right-hand side 00:43:40.960 --> 00:43:41.800 of that building? 00:43:41.800 --> 00:43:44.240 - So the drive is on this side of the building. 00:43:44.240 --> 00:43:46.880 Okay, you drive down that side of the building 00:43:46.880 --> 00:43:48.840 and then there's a very large area in the back 00:43:48.840 --> 00:43:51.120 that you would turn into and then you would enter 00:43:51.120 --> 00:43:52.880 the back of the building back there. 00:43:52.880 --> 00:43:54.680 You enter the building in there. 00:43:54.680 --> 00:43:56.960 When the vehicle is done, it would back right back out 00:43:56.960 --> 00:43:58.880 and it would be pulled out to here for the customer 00:43:58.880 --> 00:43:59.720 to leave with the vehicle. 00:43:59.720 --> 00:44:00.560 - And then to go-- 00:44:00.560 --> 00:44:02.280 - And then they would go, would do whatever the corrector, 00:44:02.280 --> 00:44:03.640 I mean, I don't remember what the correct direction-- 00:44:03.640 --> 00:44:05.800 - Yes, it's that way. 00:44:05.800 --> 00:44:07.820 So they would not be able to, 00:44:07.820 --> 00:44:13.880 an employee or a customer pull around to the right 00:44:13.880 --> 00:44:15.600 because there's no traffic coming. 00:44:15.600 --> 00:44:18.160 So it's only, I'm only going in the parking lot. 00:44:18.160 --> 00:44:19.120 - No, no. 00:44:19.120 --> 00:44:23.040 - But first of all, customers do not ever pull their vehicle 00:44:23.040 --> 00:44:24.160 into the shop themselves. 00:44:24.160 --> 00:44:26.320 That is not the case, okay? 00:44:26.320 --> 00:44:29.520 The customer comes in, they park in the designated 00:44:29.520 --> 00:44:31.560 parking spaces in the front, okay? 00:44:31.560 --> 00:44:34.040 When they're electing to get services done at the facility, 00:44:34.040 --> 00:44:35.360 they would come in, they would hand us their, 00:44:35.360 --> 00:44:36.200 they would fill out a work order, 00:44:36.200 --> 00:44:37.560 they would hand us their keys. 00:44:37.560 --> 00:44:40.080 We would take their vehicle and our employees would back out 00:44:40.080 --> 00:44:42.240 which these parking spaces are angled, okay? 00:44:42.240 --> 00:44:44.780 They would back out so there's not a way to really back out 00:44:44.780 --> 00:44:46.360 this way and go the wrong way. 00:44:46.360 --> 00:44:48.160 Not to mention there's no access to the building 00:44:48.160 --> 00:44:49.220 that way anyway. 00:44:49.220 --> 00:44:52.100 So they would pull out from here and they would pull in 00:44:52.100 --> 00:44:54.300 down the drive to the back of the building. 00:44:54.300 --> 00:44:56.320 And that would be our employees that would be pulling 00:44:56.320 --> 00:44:58.320 a customer's vehicle in, not a customer. 00:44:58.320 --> 00:45:01.480 A customer would never, in any scenario or circumstance, 00:45:01.480 --> 00:45:04.560 be pulling their own vehicle into our building. 00:45:04.560 --> 00:45:08.360 - So then the vehicle being worked on, 00:45:08.360 --> 00:45:11.800 getting whatever it is, goes all the way to the back, 00:45:11.800 --> 00:45:15.400 it gets finished, your employees or the employee 00:45:15.400 --> 00:45:18.560 of the franchising would pull it up to the front 00:45:18.560 --> 00:45:21.920 and then that customer would get in the car and leave. 00:45:21.920 --> 00:45:22.760 - That's correct. 00:45:22.760 --> 00:45:24.600 - At that point they've paid, they've done everything, 00:45:24.600 --> 00:45:25.440 they're waiting there. 00:45:25.440 --> 00:45:26.280 - That's correct. 00:45:26.280 --> 00:45:30.860 - No cars that have been worked on are ever pulled 00:45:30.860 --> 00:45:32.280 to the front and left? 00:45:32.280 --> 00:45:35.640 - No, not in this scenario. 00:45:35.640 --> 00:45:37.120 There's limited parking in the front. 00:45:37.120 --> 00:45:39.000 So the limited parking in the front would be 00:45:39.000 --> 00:45:42.360 for the incoming consumers and there would be, 00:45:42.360 --> 00:45:44.140 the cars would be, when they're finished, 00:45:44.140 --> 00:45:46.280 they either remain inside 'til they're picked up 00:45:46.280 --> 00:45:48.460 or they will be in the back of the building 00:45:48.460 --> 00:45:50.360 and then they'll be pulled to the front. 00:45:50.360 --> 00:45:52.200 From this drive, they will be pulled to the front 00:45:52.200 --> 00:45:54.280 where the customer can meet, after they've paid their bill, 00:45:54.280 --> 00:45:56.320 they can meet the employee and take their keys 00:45:56.320 --> 00:45:58.840 and then they can proceed out into the street. 00:45:58.840 --> 00:46:01.480 - How many cars can, would, after you redesign it, 00:46:01.480 --> 00:46:04.740 can fit in the building and how many can sit outside 00:46:04.740 --> 00:46:09.740 the building in the back, like what's the area back there? 00:46:09.740 --> 00:46:12.460 - You would be able to fit roughly about four, 00:46:12.460 --> 00:46:15.360 probably about four cars in the back as far as holding 00:46:15.360 --> 00:46:17.560 in the back behind the building. 00:46:17.560 --> 00:46:22.080 But the proposed interior shop space is roughly, 00:46:22.080 --> 00:46:24.880 I believe, about 35 or 3800 square feet 00:46:24.880 --> 00:46:27.840 after the renovation is done, something to that effect. 00:46:27.840 --> 00:46:30.760 We work on, remember we have, if you remember from, 00:46:30.760 --> 00:46:31.820 you know, from in this presentation, 00:46:31.820 --> 00:46:33.320 we have roughly four employees. 00:46:33.320 --> 00:46:36.320 So we might be working on two or three cars at a time. 00:46:36.320 --> 00:46:38.400 So there's more than enough, there's enough space 00:46:38.400 --> 00:46:40.060 inside the building for probably anywhere 00:46:40.060 --> 00:46:41.720 between eight and 10 cars. 00:46:41.720 --> 00:46:44.000 So as we're working on three, you'll have three or four 00:46:44.000 --> 00:46:46.760 that'll be sitting in there waiting to be picked up 00:46:46.760 --> 00:46:49.760 and then we'll pull them out when the customer picks them up. 00:46:49.760 --> 00:46:55.560 - Is there any odor to your business? 00:46:55.560 --> 00:46:59.380 - No, no, we use no odorous chemicals. 00:46:59.380 --> 00:47:01.320 We don't use chemicals at all. 00:47:01.320 --> 00:47:03.640 You know, window film and paint protection film 00:47:03.640 --> 00:47:05.040 is applied to soap and water. 00:47:05.040 --> 00:47:08.560 So it's in a spray bottle of soap and water 00:47:08.560 --> 00:47:11.440 that gets sprayed on, the film gets put on 00:47:11.440 --> 00:47:12.400 and sweeps you down. 00:47:12.400 --> 00:47:14.920 - And I heard you say that detailing isn't a major part. 00:47:14.920 --> 00:47:16.160 Is that your bread and butter? 00:47:16.160 --> 00:47:17.820 - It's not even close, no. 00:47:17.820 --> 00:47:21.160 - So is that something, city staff, 00:47:21.160 --> 00:47:26.160 that if we, can we put conditions on our approval? 00:47:26.160 --> 00:47:27.800 I know we could on P and Z. 00:47:27.800 --> 00:47:30.800 Is this like an all or nothing thing with CVA? 00:47:30.800 --> 00:47:33.000 - So what you're being asked to assess 00:47:33.000 --> 00:47:36.160 is whether the use being described is more like 00:47:36.160 --> 00:47:39.840 general retail or something else or auto repair. 00:47:40.680 --> 00:47:44.320 If you decide this use is more like auto repair, 00:47:44.320 --> 00:47:48.800 then that would shunt it into a SUP process. 00:47:48.800 --> 00:47:51.120 So this really isn't the right form 00:47:51.120 --> 00:47:54.040 to place conditions on the use, 00:47:54.040 --> 00:47:56.880 but if you're, in your decision, 00:47:56.880 --> 00:47:59.880 you wanna make a recommendation to planning and zoning, 00:47:59.880 --> 00:48:01.880 that could carry forward, but it wouldn't, 00:48:01.880 --> 00:48:04.280 how would you need to do more research 00:48:04.280 --> 00:48:06.400 to confirm whether it was like binding? 00:48:07.540 --> 00:48:10.800 - So we, so to, if I understand you correctly, 00:48:10.800 --> 00:48:15.800 we are, we are, our task today is to rule 00:48:15.800 --> 00:48:20.560 on the administrative ruling, 00:48:20.560 --> 00:48:22.520 whether that was correct or not. 00:48:22.520 --> 00:48:25.020 - Yes, we're not necessarily here to address 00:48:25.020 --> 00:48:25.860 whether or not-- 00:48:25.860 --> 00:48:29.160 - We couldn't put conditions on the approval of, 00:48:29.160 --> 00:48:31.240 we could say it's retail, 00:48:31.240 --> 00:48:33.400 and then they could do retail things, 00:48:33.400 --> 00:48:36.040 or we could say it's light automotive. 00:48:37.360 --> 00:48:40.600 - Are there any other automotive categories in this one? 00:48:40.600 --> 00:48:41.440 - Sorry. 00:48:41.440 --> 00:48:42.280 - Automotive, minor automotive. 00:48:42.280 --> 00:48:43.100 - That's the issue. 00:48:43.100 --> 00:48:43.940 - That's the problem. 00:48:43.940 --> 00:48:46.600 - Automotive, minor, and automotive, major, I guess. 00:48:46.600 --> 00:48:47.440 - Can I clear that? 00:48:47.440 --> 00:48:48.280 - I'm sorry. 00:48:48.280 --> 00:48:49.100 - Yep. 00:48:49.100 --> 00:48:49.940 - I was gonna say, to address your question, 00:48:49.940 --> 00:48:52.440 so we have the automotive repair minor, 00:48:52.440 --> 00:48:54.720 and then we have the automotive repair major. 00:48:54.720 --> 00:48:56.800 So items that are not classified, 00:48:56.800 --> 00:48:59.440 and my apologies, Tina Bergen's planning director. 00:48:59.440 --> 00:49:02.640 So items that, you know, we have the definition 00:49:02.640 --> 00:49:04.040 that we included in your packet. 00:49:04.040 --> 00:49:07.240 So we looked at the examples that are defined, 00:49:07.240 --> 00:49:10.120 related to the use, to help provide the parameters 00:49:10.120 --> 00:49:11.960 for classifying uses. 00:49:11.960 --> 00:49:13.560 One of the things that's noted in there 00:49:13.560 --> 00:49:16.960 is that paint and body work is excluded. 00:49:16.960 --> 00:49:21.120 So we typically have an automotive repair major category, 00:49:21.120 --> 00:49:24.080 which then would allow for the more intensive operations, 00:49:24.080 --> 00:49:24.920 not going to compromise. 00:49:24.920 --> 00:49:26.840 Do we have a separate paint and body classification 00:49:26.840 --> 00:49:27.680 in these? 00:49:27.680 --> 00:49:29.420 - No, that falls under automotive repair major. 00:49:29.420 --> 00:49:30.880 - Okay, so it falls under the major. 00:49:30.880 --> 00:49:33.640 So we have the minor and the major, 00:49:33.640 --> 00:49:35.520 because we recognize that there are a variety 00:49:35.520 --> 00:49:37.800 of different activities associated with automotive 00:49:37.800 --> 00:49:38.880 related businesses. 00:49:38.880 --> 00:49:40.640 Some are much more intensive operations, 00:49:40.640 --> 00:49:45.440 like repairing a transmission, doing paint and body work, 00:49:45.440 --> 00:49:47.280 which typically has an odor associated with, 00:49:47.280 --> 00:49:49.800 because of the paint booth that's generally involved. 00:49:49.800 --> 00:49:52.000 So those more intensive operations fall 00:49:52.000 --> 00:49:54.920 into the major category, the lesser intensive operations 00:49:54.920 --> 00:49:56.800 fall into the minor category. 00:49:56.800 --> 00:49:58.720 And I know Julie, in part of her presentation, 00:49:58.720 --> 00:50:02.240 had on her slide, there are some other auto-related 00:50:02.240 --> 00:50:05.840 type uses, I think Auto-Wash was one. 00:50:05.840 --> 00:50:08.280 I don't know if it was listed in the staff reddit. 00:50:08.280 --> 00:50:14.320 We have Auto-Wash, we have Auto-Fuel Sales, 00:50:14.320 --> 00:50:16.520 which is typically associated with, 00:50:16.520 --> 00:50:18.760 like your gas station convenience stores, if you will. 00:50:18.760 --> 00:50:20.880 And then we have the automotive repair shop. 00:50:20.880 --> 00:50:24.380 So it's, while we have some uses identified, 00:50:24.380 --> 00:50:27.560 we try to rely upon also definitions of categories, 00:50:27.560 --> 00:50:29.200 because we recognize that it's difficult 00:50:29.200 --> 00:50:32.400 to provide a complete exhaustive use of all 00:50:32.400 --> 00:50:34.560 of the functions and activities that might occur 00:50:34.560 --> 00:50:36.960 associated with an automotive related business. 00:50:36.960 --> 00:50:41.120 - To your point, you made some very valid points, 00:50:41.120 --> 00:50:43.640 and to your point, what you have listed 00:50:43.640 --> 00:50:47.480 in automotive repair minor, all of those services, 00:50:47.480 --> 00:50:49.720 every single one of those services are services 00:50:49.720 --> 00:50:53.320 that are environmentally impactful, okay? 00:50:53.320 --> 00:50:57.360 Oil changes, tire repairs, any kind of fluid changes, 00:50:57.360 --> 00:51:00.720 you're correct where it comes to detailing and washing. 00:51:00.720 --> 00:51:02.520 Most of these have an environmental impact 00:51:02.520 --> 00:51:04.960 where they require oil water separators 00:51:04.960 --> 00:51:06.720 and things like that in the ground, 00:51:06.720 --> 00:51:10.640 and contamination tanks that need to be pumped out 00:51:10.640 --> 00:51:13.400 or flushed out or cleaned from time to time, 00:51:13.400 --> 00:51:15.020 because of the nature of those services, 00:51:15.020 --> 00:51:18.540 which is kind of to my point, we don't require any of that. 00:51:18.540 --> 00:51:20.280 We don't utilize any of that. 00:51:20.280 --> 00:51:23.240 There's nothing in our services that would even come 00:51:23.240 --> 00:51:25.800 close to requiring that, unless we were planning 00:51:25.800 --> 00:51:29.200 on doing car washing within the space, 00:51:29.200 --> 00:51:32.240 which I will tell you that out of the 100 locations 00:51:32.240 --> 00:51:35.720 I have open, I'd be surprised if I have 20 that do that. 00:51:35.720 --> 00:51:37.640 The majority do not. 00:51:37.640 --> 00:51:40.200 Detailing is not a big part of our brand. 00:51:40.200 --> 00:51:43.180 It's just not, it's not, you know, we're tin twirled. 00:51:43.180 --> 00:51:46.240 You know, we're in the business 00:51:46.240 --> 00:51:48.780 of automotive film protection. 00:51:48.780 --> 00:51:49.800 That's the business that we're in. 00:51:49.800 --> 00:51:51.440 And not only automotive, but we also do 00:51:51.440 --> 00:51:53.120 residential commercial as well. 00:51:53.120 --> 00:51:57.760 You know, so it's, that is more of our industry. 00:51:57.760 --> 00:52:01.160 Detailing can be a part of the store. 00:52:01.160 --> 00:52:03.720 But, you know, to your point, that's what, you know, 00:52:03.720 --> 00:52:05.000 everything that you guys have listed 00:52:05.000 --> 00:52:07.480 under automotive repair minor, it requires, 00:52:07.480 --> 00:52:09.080 it has all of that environmental impact 00:52:09.080 --> 00:52:10.440 that our business has not. 00:52:10.440 --> 00:52:13.580 - So can I ask a follow-up to that? 00:52:13.580 --> 00:52:14.680 - Sure. - The environmental impact. 00:52:14.680 --> 00:52:19.120 So when you're putting film on, is there waste associated? 00:52:19.120 --> 00:52:22.280 Is there something that you're peeling and growing away, or? 00:52:22.280 --> 00:52:25.520 - It's just a liner that goes in the garbage. 00:52:25.520 --> 00:52:27.160 It's just, it's regular garbage. 00:52:27.160 --> 00:52:28.000 It's not-- - So there's some 00:52:28.000 --> 00:52:30.040 environmental impact, maybe not similar to-- 00:52:30.040 --> 00:52:32.680 - I mean, not any different than unloading a box 00:52:32.680 --> 00:52:34.400 and putting packaging peanuts in the garbage. 00:52:34.400 --> 00:52:35.820 It's the same thing. 00:52:35.820 --> 00:52:36.960 You know, it's not, I would say, 00:52:36.960 --> 00:52:40.160 as far as our environmental impact, I'd say absolutely not. 00:52:40.160 --> 00:52:42.000 There's nothing environmentally impactful 00:52:42.000 --> 00:52:44.120 with anything that we do. 00:52:44.120 --> 00:52:47.320 - Yeah, I'm trying to, 'cause I got from the beginning, 00:52:47.320 --> 00:52:49.920 our job is not really to assess whether you have 00:52:49.920 --> 00:52:51.280 a great business or a great layout, 00:52:51.280 --> 00:52:53.160 but really this definition. 00:52:53.160 --> 00:52:56.240 And I know you said that for the seven services 00:52:56.240 --> 00:53:00.040 that they list under Automotive Repair Shop Minor, 00:53:00.040 --> 00:53:02.520 that you don't perform most any of those services, 00:53:02.520 --> 00:53:06.000 but it says such as, so they're just examples. 00:53:06.000 --> 00:53:08.580 So I'm just wondering, like, where would you put, 00:53:08.580 --> 00:53:11.600 where would you put tinting? 00:53:11.600 --> 00:53:16.800 I guess if you can explain to me why window tint and repair 00:53:16.800 --> 00:53:21.800 and vehicle wraps are not similar to detailing and polishing. 00:53:21.800 --> 00:53:24.240 'Cause it's not, that wasn't an exhaustive list. 00:53:24.240 --> 00:53:25.360 They were just examples. 00:53:25.360 --> 00:53:29.480 So what I really need to make my decision 00:53:29.480 --> 00:53:32.560 is why window tinting, for example, 00:53:32.560 --> 00:53:34.680 is not like any of these other services. 00:53:34.680 --> 00:53:36.100 Can you help me with that? 00:53:36.100 --> 00:53:39.280 - Be a hard question to answer, 00:53:39.280 --> 00:53:42.800 but I can, I'll kind of give you the best analogy 00:53:42.800 --> 00:53:44.560 I possibly can, right? - Sure, sure. 00:53:47.800 --> 00:53:52.800 - You could walk into a retail store 00:53:52.800 --> 00:53:56.760 that does repairs of iPhones, right? 00:53:56.760 --> 00:53:58.920 If you crack your screen or break your screen, 00:53:58.920 --> 00:54:02.800 which is glass, okay, you can have that glass replaced 00:54:02.800 --> 00:54:05.920 and you can have them put, they will utilize 00:54:05.920 --> 00:54:08.120 a clear piece of film that they would use 00:54:08.120 --> 00:54:09.720 to put on top of an iPhone screen. 00:54:09.720 --> 00:54:11.160 It really is no different. 00:54:11.160 --> 00:54:13.560 It's a very similar piece of glass. 00:54:13.560 --> 00:54:14.840 It's the same application. 00:54:14.840 --> 00:54:17.400 It uses the same product to do. 00:54:17.400 --> 00:54:18.240 There's no difference. 00:54:18.240 --> 00:54:20.160 The difference is that we're doing it on a car window 00:54:20.160 --> 00:54:22.320 and they're doing it on an iPhone screen, 00:54:22.320 --> 00:54:26.040 or an iPad, or fixing or replacing your computer monitor. 00:54:26.040 --> 00:54:27.360 It's not a lot different. 00:54:27.360 --> 00:54:31.240 That's the best analogy I can give you. 00:54:31.240 --> 00:54:35.400 - So what classification are you wanting? 00:54:35.400 --> 00:54:37.760 'Cause I'm kind of confused 00:54:37.760 --> 00:54:40.340 because you are dealing with automobiles. 00:54:40.340 --> 00:54:41.180 - I am. 00:54:42.160 --> 00:54:45.360 But, again, what I'm here for today 00:54:45.360 --> 00:54:47.880 is to appeal the administrative decision 00:54:47.880 --> 00:54:50.960 that classified us as automotive repair minor. 00:54:50.960 --> 00:54:52.400 - Right, and that's what I was gonna say. 00:54:52.400 --> 00:54:54.320 We can't, pardon the interruption, 00:54:54.320 --> 00:54:56.560 we're not here to determine what classification 00:54:56.560 --> 00:54:58.120 he falls in necessarily. 00:54:58.120 --> 00:55:01.320 We're here to determine the administrative decision, 00:55:01.320 --> 00:55:03.400 which was that he does fall under an automotive, 00:55:03.400 --> 00:55:05.440 and what I'm hearing you say is we really fall 00:55:05.440 --> 00:55:08.200 more under retail because of the nature of your business. 00:55:08.200 --> 00:55:10.320 - Okay, yeah, that's what I was gonna say. 00:55:10.320 --> 00:55:15.040 And again, I don't do city code stuff, 00:55:15.040 --> 00:55:16.480 so I don't know retail or work, 00:55:16.480 --> 00:55:18.160 you have other classifications. 00:55:18.160 --> 00:55:21.560 But again, my concern is that it is being labeled 00:55:21.560 --> 00:55:23.760 as automotive repair minor when we don't do 00:55:23.760 --> 00:55:27.560 any automotive repair that would really put us there. 00:55:27.560 --> 00:55:30.680 It's really, we're in that category for lack of the fact 00:55:30.680 --> 00:55:32.580 that another category doesn't exist. 00:55:32.580 --> 00:55:34.480 - Well, what about, I'm sorry to cut you off. 00:55:34.480 --> 00:55:37.640 Is there another retail category that exists? 00:55:37.640 --> 00:55:41.120 - Again, that's not our determination tonight, right? 00:55:41.120 --> 00:55:44.040 Like if we were on P&Z, we'd have all this room 00:55:44.040 --> 00:55:47.480 to work with, but we're very laser-focused 00:55:47.480 --> 00:55:51.160 on was the administrative ruling correct or not. 00:55:51.160 --> 00:55:52.400 So, go ahead. 00:55:52.400 --> 00:55:55.320 - So, do you know the percentage rate of, 00:55:55.320 --> 00:55:58.440 let's say somebody comes in and they get a temp job done, 00:55:58.440 --> 00:56:00.520 or they get, 'cause I also saw that you do 00:56:00.520 --> 00:56:02.920 the audio-video assistance. 00:56:02.920 --> 00:56:04.120 - Sure. 00:56:04.120 --> 00:56:06.720 - If they were to fail, customer drives away 00:56:06.720 --> 00:56:10.400 a couple of days later, maybe something's not quite right, 00:56:10.400 --> 00:56:12.940 what is the process they would bring it back to you? 00:56:12.940 --> 00:56:13.780 - Yes. 00:56:13.780 --> 00:56:14.600 - Right, for repair? 00:56:14.600 --> 00:56:16.960 - Yeah, just like any other warranty. 00:56:16.960 --> 00:56:19.240 You know, we have a warranty on anything we do 00:56:19.240 --> 00:56:22.000 just as if you went to, I mean, you could, 00:56:22.000 --> 00:56:23.440 again, I hate to bring up Best Buy again, 00:56:23.440 --> 00:56:25.240 but if you walked into Best Buy, you bought a, you know, 00:56:25.240 --> 00:56:27.480 you bought a NHB computer and you had a problem with it, 00:56:27.480 --> 00:56:29.780 you can go back to that Best Buy to have it repaired, 00:56:29.780 --> 00:56:31.760 or you can go to any other at Best Buy. 00:56:31.760 --> 00:56:32.600 It'd be the same thing with us. 00:56:32.600 --> 00:56:34.440 You can go to our store, this particular store, 00:56:34.440 --> 00:56:36.640 or any other table at the store in the country 00:56:36.640 --> 00:56:38.240 to get that warranty repaired. 00:56:38.240 --> 00:56:40.320 But I will tell you that our return rate 00:56:40.320 --> 00:56:42.840 is less than 5% nationwide. 00:56:42.840 --> 00:56:44.120 - Okay, thank you. 00:56:44.120 --> 00:56:48.520 What is the expected area or radius of your customer base? 00:56:48.520 --> 00:56:50.320 - Our customers, typically we find that our customers 00:56:50.320 --> 00:56:51.960 come from a 21-minute drive time, 00:56:51.960 --> 00:56:54.320 and that's based on Buxton demographic data. 00:56:54.320 --> 00:56:55.680 - Right, is that specific to Texas 00:56:55.680 --> 00:56:56.520 or that's across the nation? 00:56:56.520 --> 00:56:58.760 - That's across the country, that's across the country. 00:56:58.760 --> 00:57:01.560 I believe, I could get you the state-specific information, 00:57:01.560 --> 00:57:03.560 I don't have that on me, but I, 00:57:03.560 --> 00:57:08.080 people, usually in Texas and some other areas that we have, 00:57:08.080 --> 00:57:10.320 like in New York, people do drive, 00:57:10.320 --> 00:57:12.040 tend to drive a little bit longer than 21 minutes. 00:57:12.040 --> 00:57:16.360 It's actually a short drive time for some of these areas. 00:57:16.360 --> 00:57:17.640 In South Florida, where I live, 00:57:17.640 --> 00:57:19.520 I mean, you wouldn't drive more than 10 minutes, 00:57:19.520 --> 00:57:24.220 because it would be, the traffic would drive you insane. 00:57:24.220 --> 00:57:28.160 - Are there other questions? 00:57:28.160 --> 00:57:29.120 - Can I ask you a question? 00:57:29.120 --> 00:57:31.340 - Wait, you'll get an opportunity. 00:57:31.340 --> 00:57:33.760 - We're gonna have public comment next. 00:57:33.760 --> 00:57:38.040 - I'm sorry, did you have a question or clarification? 00:57:38.040 --> 00:57:39.760 - I was just gonna offer a clarification 00:57:39.760 --> 00:57:42.200 to the question about other uses being considered. 00:57:42.200 --> 00:57:45.640 So understand that when we receive an application 00:57:45.640 --> 00:57:47.440 for someone that's interested in, 00:57:47.440 --> 00:57:48.800 whether it's developing a property 00:57:48.800 --> 00:57:50.880 or occupying an existing space, 00:57:50.880 --> 00:57:53.920 we look at the existing zoning to see what the business is 00:57:53.920 --> 00:57:55.600 and how to classify that use. 00:57:55.600 --> 00:57:57.560 So we go through the question about, 00:57:57.560 --> 00:57:59.920 are there other use classifications 00:57:59.920 --> 00:58:02.680 to be considered general retail versus the automotive minor? 00:58:02.680 --> 00:58:04.640 That's part of the administrative work that we do, 00:58:04.640 --> 00:58:06.000 is to make an interpretation 00:58:06.000 --> 00:58:09.140 based upon the best possible definition 00:58:09.140 --> 00:58:12.400 and use classification that's within the zoning ordinance. 00:58:12.400 --> 00:58:14.880 You may find sometimes that we have a use 00:58:14.880 --> 00:58:18.200 that fits in one category because it's very general abroad, 00:58:18.200 --> 00:58:20.880 but because we have a category that's much more specific 00:58:20.880 --> 00:58:23.120 or actually sites that particular business, 00:58:23.120 --> 00:58:25.580 then it gets placed in the most restrictive category, 00:58:25.580 --> 00:58:28.200 because that's what's available in the zoning ordinance. 00:58:28.200 --> 00:58:30.680 And then we look to see then what zoning districts 00:58:30.680 --> 00:58:32.000 that use is allowed through. 00:58:32.000 --> 00:58:34.280 But we go through an exhaustive process 00:58:34.280 --> 00:58:35.520 to make sure that, 00:58:35.520 --> 00:58:36.560 'cause we wanna make sure 00:58:36.560 --> 00:58:38.880 that we're classifying the business properly, 00:58:38.880 --> 00:58:41.760 because we realize that there's an impact 00:58:41.760 --> 00:58:42.880 associated with the applicant, 00:58:42.880 --> 00:58:45.120 whether or not we make a decision that's in favor of them, 00:58:45.120 --> 00:58:46.960 one that triggers a specific use permit 00:58:46.960 --> 00:58:49.680 in our discussion this evening, 00:58:49.680 --> 00:58:50.760 or if it's allowed by right. 00:58:50.760 --> 00:58:51.600 So we try to make sure 00:58:51.600 --> 00:58:53.240 we make that correct use classification. 00:58:53.240 --> 00:58:55.040 So that's part of our job as planners. 00:58:57.680 --> 00:58:59.400 - Okay, did you have another follow-up question? 00:58:59.400 --> 00:59:00.520 - No, that was it. 00:59:00.520 --> 00:59:03.080 I wanted to know if there was a clarification there. 00:59:03.080 --> 00:59:03.920 Thank you. 00:59:03.920 --> 00:59:08.080 - Any other questions for the applicants? 00:59:08.080 --> 00:59:10.640 Thank you. 00:59:10.640 --> 00:59:12.600 - Thank you guys for taking the time to listen to me today. 00:59:12.600 --> 00:59:15.900 I appreciate it, and I hope you're the best. 00:59:15.900 --> 00:59:16.920 - Thank you, thank you, thank you. 00:59:16.920 --> 00:59:17.760 - Thank you. 00:59:17.760 --> 00:59:18.700 - Thank you. 00:59:18.700 --> 00:59:21.560 - So this is a public hearing, 00:59:21.560 --> 00:59:23.920 and I saw a bunch of people in. 00:59:23.920 --> 00:59:26.920 I don't see any blue or white cards, 00:59:26.920 --> 00:59:28.560 but I think that's probably okay. 00:59:28.560 --> 00:59:31.080 - 'Cause they gave them to us. 00:59:31.080 --> 00:59:31.920 - We did it? 00:59:31.920 --> 00:59:33.560 - We didn't receive anything. 00:59:33.560 --> 00:59:34.640 - Do they need to fill one out? 00:59:34.640 --> 00:59:36.680 - No, if you just give your name and address. 00:59:36.680 --> 00:59:38.720 - Great, okay, who would like to go first? 00:59:38.720 --> 00:59:42.000 Go ahead. 00:59:42.000 --> 00:59:43.000 And when you approach the podium, 00:59:43.000 --> 00:59:45.040 if you could just introduce yourself 00:59:45.040 --> 00:59:47.760 and your affiliation with all of us. 00:59:47.760 --> 00:59:49.980 Do they need to state their address as well for the record? 00:59:49.980 --> 00:59:50.820 Okay. 00:59:50.820 --> 00:59:55.120 - John Weathers, I'm a partner in the property. 00:59:55.120 --> 00:59:57.620 9501 David Ford Road RL. 00:59:57.620 --> 01:00:02.300 So one, I think, big delineation between their use 01:00:02.300 --> 01:00:04.840 in a general automotive is, 01:00:04.840 --> 01:00:07.320 everything that they sell and do is elective. 01:00:07.320 --> 01:00:10.280 It's not a requirement to keep a vehicle operational. 01:00:10.280 --> 01:00:12.600 You've gotta change wheel, you've gotta change tires, 01:00:12.600 --> 01:00:16.440 you've gotta do the stuff that's in that minor automotive. 01:00:16.440 --> 01:00:18.440 You don't have to do the stuff that they're selling. 01:00:18.440 --> 01:00:19.760 You don't have to have window tint, 01:00:19.760 --> 01:00:21.640 you don't have to have stereos, 01:00:21.640 --> 01:00:22.840 you don't have to have speakers. 01:00:22.840 --> 01:00:27.840 So my interpretation is for the general retail. 01:00:27.840 --> 01:00:30.720 Somebody asked about the bay door. 01:00:30.720 --> 01:00:32.240 So the bay door's already there. 01:00:32.240 --> 01:00:35.720 It's been there for 50 plus years. 01:00:35.720 --> 01:00:37.600 There's no modifications to the bay door. 01:00:37.600 --> 01:00:39.240 It's already got electric openers. 01:00:39.240 --> 01:00:40.080 It's there. 01:00:40.080 --> 01:00:41.480 It's gonna be there if they move there 01:00:41.480 --> 01:00:42.520 or if somebody else moves there. 01:00:42.520 --> 01:00:44.680 So that answers that one. 01:00:44.680 --> 01:00:50.120 Compatibility with the surrounding properties. 01:00:50.120 --> 01:00:52.080 If y'all are aware of what's around there, 01:00:52.080 --> 01:00:56.080 you've got a lot of rundown auto sales place. 01:00:56.080 --> 01:00:57.360 You've got a paint place. 01:00:57.360 --> 01:01:00.360 You do have a nice apartment across the way. 01:01:00.360 --> 01:01:02.000 You've got a rundown mini storage. 01:01:02.000 --> 01:01:05.040 So I think this is gonna kinda set the high water mark 01:01:05.040 --> 01:01:07.400 for the redevelopment of this area 01:01:07.400 --> 01:01:09.640 as far as commercial real estate's concerned. 01:01:09.640 --> 01:01:13.600 So I want y'all to keep that in mind. 01:01:13.600 --> 01:01:15.480 You asked about the SUP process. 01:01:15.480 --> 01:01:18.480 One reason that none of us wanna go through that 01:01:18.480 --> 01:01:22.200 is essentially the time associated with it. 01:01:22.200 --> 01:01:26.160 We've been told it's gonna be a six to eight month process, 01:01:26.160 --> 01:01:30.800 which that is traditionally how long it takes. 01:01:30.800 --> 01:01:32.840 Again, the $8,000. 01:01:32.840 --> 01:01:36.080 And we've been told by city staff that, 01:01:36.080 --> 01:01:38.480 again, if we apply for the SUP, 01:01:38.480 --> 01:01:40.240 it's really just a way to run us off 01:01:40.240 --> 01:01:43.880 to make us not wanna do it, essentially. 01:01:43.880 --> 01:01:48.880 So I'm pretty frustrated with this whole process. 01:01:48.880 --> 01:01:50.880 I mean, I own the building. 01:01:50.880 --> 01:01:53.880 It's really kinda pigeon-holed me 01:01:53.880 --> 01:01:56.880 into something that I can't do anything with. 01:01:56.880 --> 01:01:59.920 I thought this was a no-brainer, home-run, 01:01:59.920 --> 01:02:00.880 great tenant for us. 01:02:00.880 --> 01:02:02.880 I think it'd be great for that area. 01:02:02.880 --> 01:02:05.760 And then that's all I got. 01:02:05.760 --> 01:02:06.600 Thank y'all for your time. 01:02:06.600 --> 01:02:08.080 - Now, you raised your hand 01:02:08.080 --> 01:02:10.200 'cause you said you had a question for the applicant. 01:02:10.200 --> 01:02:12.640 - I was gonna ask if the services were required or not. 01:02:12.640 --> 01:02:14.000 - Okay, all right, so. 01:02:14.000 --> 01:02:14.840 We got that. 01:02:14.840 --> 01:02:15.680 - I asked him. 01:02:15.680 --> 01:02:16.500 - Yeah, yeah, yeah. 01:02:16.500 --> 01:02:17.340 - Okay, thank you. 01:02:17.340 --> 01:02:18.180 - Thank you. 01:02:18.180 --> 01:02:19.000 - Thank you. 01:02:19.000 --> 01:02:19.840 - Thanks. 01:02:19.840 --> 01:02:25.240 - All right. 01:02:25.240 --> 01:02:26.080 - Can I go up there? 01:02:26.080 --> 01:02:26.900 - Yes, please do. 01:02:26.900 --> 01:02:27.740 - All right. 01:02:27.740 --> 01:02:29.720 - Waiting patiently, thank you so much. 01:02:29.720 --> 01:02:30.720 You know the drill. 01:02:30.720 --> 01:02:34.760 - Brent Pounders, my wife Michelle and I 01:02:34.760 --> 01:02:37.480 were the franchise owners of this location. 01:02:37.480 --> 01:02:39.040 - And your address for the record? 01:02:39.040 --> 01:02:42.480 - It is 1310 Circle J Trail in Prosper, Texas. 01:02:43.480 --> 01:02:44.760 - I'm sorry, it's Brent? 01:02:44.760 --> 01:02:45.600 - Brent. 01:02:45.600 --> 01:02:50.400 - Don't have anything fancy set up for you guys. 01:02:50.400 --> 01:02:53.240 I just wanna come in and introduce myself. 01:02:53.240 --> 01:02:54.280 We started looking. 01:02:54.280 --> 01:02:55.640 We zoned in on Denton. 01:02:55.640 --> 01:02:57.920 We wanted our business in Denton. 01:02:57.920 --> 01:03:01.600 We saw that the clientele we wanted to attract 01:03:01.600 --> 01:03:02.660 was already here. 01:03:02.660 --> 01:03:05.260 Found this building. 01:03:05.260 --> 01:03:07.400 Nothing was ever told that we'd need 01:03:07.400 --> 01:03:09.480 a special use permit for this building. 01:03:09.480 --> 01:03:10.480 If we would've known that, 01:03:10.480 --> 01:03:12.920 we wouldn't have went to a different building. 01:03:12.920 --> 01:03:16.940 We were told this happened in 2019. 01:03:16.940 --> 01:03:19.400 So we didn't find out about this 01:03:19.400 --> 01:03:23.000 until after we started going through the permit process. 01:03:23.000 --> 01:03:24.380 If you look at the area, 01:03:24.380 --> 01:03:28.520 I don't know, how many automotive stores 01:03:28.520 --> 01:03:30.120 are there in the area right now? 01:03:30.120 --> 01:03:32.580 Does anybody know? 01:03:32.580 --> 01:03:36.640 I know you wanna see it up. 01:03:36.640 --> 01:03:37.480 What's that? 01:03:37.480 --> 01:03:38.300 - On South Film. 01:03:38.300 --> 01:03:40.200 I'm sorry, I'm running into how many cars 01:03:40.200 --> 01:03:41.040 are in the team. 01:03:41.040 --> 01:03:43.280 - There's a few. 01:03:43.280 --> 01:03:47.720 - Right, so when we went into a lease agreement, 01:03:47.720 --> 01:03:50.400 we didn't think we'd have an issue 01:03:50.400 --> 01:03:52.760 because we saw all the automotive already there. 01:03:52.760 --> 01:03:57.200 But we're here where we're at. 01:03:57.200 --> 01:03:58.840 Anybody have any questions for us? 01:03:58.840 --> 01:04:03.440 - I don't. 01:04:03.440 --> 01:04:05.040 - All right, thank you for your time. 01:04:05.040 --> 01:04:09.360 - So this is a public hearing. 01:04:09.360 --> 01:04:11.320 Is there anyone else who'd like to speak? 01:04:11.320 --> 01:04:15.560 - I want to, but I'm not going to. 01:04:15.560 --> 01:04:16.400 - Are you sure? 01:04:16.400 --> 01:04:18.000 - I don't feel like it's gonna make a difference. 01:04:18.000 --> 01:04:19.500 It was the Planning Committee. 01:04:19.500 --> 01:04:24.120 - I did have a caveat, I'm sorry. 01:04:24.120 --> 01:04:24.960 - Oh, go ahead. 01:04:24.960 --> 01:04:26.780 - Yeah, come on up. 01:04:26.780 --> 01:04:28.320 - When this was first determined 01:04:28.320 --> 01:04:30.920 that this was a light automotive use, 01:04:30.920 --> 01:04:32.880 I did call up the Planning Committee 01:04:32.880 --> 01:04:35.160 and talked to them several times. 01:04:35.160 --> 01:04:38.060 Our major concern is, one, the time. 01:04:38.060 --> 01:04:42.620 Two, the funds required for the special use permit. 01:04:42.620 --> 01:04:45.020 And three, we were told we were gonna be denied 01:04:45.020 --> 01:04:48.260 if we didn't apply for the special use permit 01:04:48.260 --> 01:04:50.840 on two different occasions that I was told that. 01:04:50.840 --> 01:04:52.720 So, that's why we're here. 01:04:52.720 --> 01:04:53.880 - You were told you would be denied 01:04:53.880 --> 01:04:55.240 or you could be denied? 01:04:55.240 --> 01:05:00.240 - Would be, highly, I think we wrote it down. 01:05:00.240 --> 01:05:03.280 It was, one of the staffers said 01:05:03.280 --> 01:05:06.800 that it was a high possibility that we would be denied 01:05:06.800 --> 01:05:10.140 if we did apply for the special use permit. 01:05:10.140 --> 01:05:15.140 So, that's not very, yeah. 01:05:15.140 --> 01:05:22.040 You know, showing up today, we called, 01:05:22.040 --> 01:05:23.920 we asked, what do we need to prepare? 01:05:23.920 --> 01:05:25.680 What do we need to bring? 01:05:25.680 --> 01:05:28.960 We're coming into like a, thank gosh Jeff showed up 01:05:28.960 --> 01:05:31.000 because he's been here before, 01:05:31.000 --> 01:05:33.880 but we were told nothing about this process. 01:05:33.880 --> 01:05:36.560 I didn't, we didn't know we had to have a yellow card 01:05:36.560 --> 01:05:38.240 or a red card or a green card. 01:05:38.240 --> 01:05:40.280 We didn't know what we needed to do 01:05:40.280 --> 01:05:43.280 to be able to speak for our business. 01:05:43.280 --> 01:05:45.720 In this business, we've already got, 01:05:45.720 --> 01:05:48.800 we're two parents raising kids. 01:05:48.800 --> 01:05:52.960 We're not overly wealthy people here by no means. 01:05:52.960 --> 01:05:55.960 I had to pull money out of 401k to start this business 01:05:55.960 --> 01:05:59.400 and we've got 150,000 invested in this business already. 01:05:59.400 --> 01:06:03.080 We've got over 30,000 invested in this location already. 01:06:03.080 --> 01:06:05.060 But yet, when we're going through this process 01:06:05.060 --> 01:06:07.640 of a city, we were never told anything. 01:06:07.640 --> 01:06:11.160 So, it's just kind of disheartening on, 01:06:11.160 --> 01:06:13.560 you know, what's the process we go from here? 01:06:13.560 --> 01:06:16.120 You know, if we had to go through the tension peak, 01:06:16.120 --> 01:06:18.480 is it gonna be nine months? 01:06:18.480 --> 01:06:21.920 And how much more money am I gonna be, you know, 01:06:21.920 --> 01:06:26.260 when it's competing with raising three little girls? 01:06:26.260 --> 01:06:28.100 So, thanks again. 01:06:28.100 --> 01:06:29.100 - Thank you. 01:06:33.200 --> 01:06:35.720 - Again, is there anyone who'd like to, oh, go ahead. 01:06:35.720 --> 01:06:38.480 - I was gonna say, since this keeps coming up, 01:06:38.480 --> 01:06:40.960 it's not fully germane to this request, 01:06:40.960 --> 01:06:42.680 but since it keeps being brought up, 01:06:42.680 --> 01:06:44.920 I didn't know, Chair, if you wanted me to address 01:06:44.920 --> 01:06:49.200 kind of the process and potentially why the applicant 01:06:49.200 --> 01:06:51.200 has found them and the challenge that they have been 01:06:51.200 --> 01:06:54.400 with respect to just the process and the claims 01:06:54.400 --> 01:06:58.040 that the staff has not been helpful in this process. 01:06:58.040 --> 01:06:59.280 That's all right with you. 01:06:59.280 --> 01:07:02.720 So, when someone is interested in looking at a property, 01:07:02.720 --> 01:07:05.400 we always strongly encourage them to contact the city 01:07:05.400 --> 01:07:07.440 to find out if that use is allowed. 01:07:07.440 --> 01:07:10.600 And unfortunately, sometimes what happens is that 01:07:10.600 --> 01:07:12.800 business owners or prospective business owners 01:07:12.800 --> 01:07:15.080 make decisions based upon existing land uses 01:07:15.080 --> 01:07:16.520 that are within the area. 01:07:16.520 --> 01:07:18.520 Many of the automotive businesses that are currently 01:07:18.520 --> 01:07:20.420 in downtown are not conforming. 01:07:20.420 --> 01:07:23.280 So, when folks are making decisions based upon 01:07:23.280 --> 01:07:25.320 just kind of what they're seeing across the landscape 01:07:25.320 --> 01:07:27.120 and the types of businesses that are there, 01:07:27.120 --> 01:07:30.160 we always caution them to that because of the fact that 01:07:30.160 --> 01:07:32.440 those uses may not be legally conforming uses. 01:07:32.440 --> 01:07:33.840 And that's one of the challenges we have 01:07:33.840 --> 01:07:36.000 just where this property is particularly located. 01:07:36.000 --> 01:07:40.800 With my team, they try to be helpful to let applicants know, 01:07:40.800 --> 01:07:43.240 especially if a use requires approval of a specific 01:07:43.240 --> 01:07:46.200 use permit, as to whether or not the city staff 01:07:46.200 --> 01:07:48.100 would be able to support that use or not. 01:07:48.100 --> 01:07:50.920 So that they know when they choose, 01:07:50.920 --> 01:07:54.040 whether they choose to file, whether or not that's something 01:07:54.040 --> 01:07:56.120 that they believe the staff would be able to support 01:07:56.120 --> 01:07:58.480 based upon policies that city council has adopted 01:07:58.480 --> 01:08:00.280 that were required to enforce. 01:08:00.280 --> 01:08:03.560 And so we try to be able to let applicants know upfront 01:08:03.560 --> 01:08:05.640 whether or not we believe the request is consistent 01:08:05.640 --> 01:08:07.840 with their comprehensive plan or it's not. 01:08:07.840 --> 01:08:10.000 We realize that there's a business decision involved in it. 01:08:10.000 --> 01:08:12.080 There's time and money associated with that. 01:08:12.080 --> 01:08:14.920 And so the case of a specific use permit, 01:08:14.920 --> 01:08:17.080 it does take anywhere from six to eight months, 01:08:17.080 --> 01:08:17.920 sometimes nine months, 01:08:17.920 --> 01:08:20.480 depending upon how responsive the applicant is. 01:08:20.480 --> 01:08:22.200 There are a series of drawings that are required 01:08:22.200 --> 01:08:24.000 to be submitted that are associated with it. 01:08:24.000 --> 01:08:26.720 That's a completely different separate application process. 01:08:26.720 --> 01:08:29.160 But there are documents that have to be prepared 01:08:29.160 --> 01:08:31.360 that are submitted to us as part of our review. 01:08:31.360 --> 01:08:33.440 At the end of the day, staff makes a recommendation 01:08:33.440 --> 01:08:34.680 to the Planning and Zoning Commission 01:08:34.680 --> 01:08:38.000 and ultimately city council to make that final decision. 01:08:38.000 --> 01:08:41.820 They do look to us to find out what they believe 01:08:41.820 --> 01:08:44.320 or what our perspective is on whether or not the request 01:08:44.320 --> 01:08:45.880 would be able to be supported or not. 01:08:45.880 --> 01:08:47.960 So we try to be able to provide that 01:08:47.960 --> 01:08:51.560 as a customer service item so that someone knows 01:08:51.560 --> 01:08:53.600 if they're facing more of an uphill challenge 01:08:53.600 --> 01:08:56.680 versus something that may be a more simpler, 01:08:56.680 --> 01:08:58.360 smoother process. 01:08:58.360 --> 01:09:00.000 There is the time component associated 01:09:00.000 --> 01:09:01.480 with the specific use permit 01:09:01.480 --> 01:09:02.960 because there are more detailed drawings 01:09:02.960 --> 01:09:04.480 that are having to be reviewed. 01:09:04.480 --> 01:09:06.720 There is also an application fee associated with it. 01:09:06.720 --> 01:09:08.320 I know there was concerns expressed 01:09:08.320 --> 01:09:10.240 regarding our fees that are charged. 01:09:10.240 --> 01:09:11.600 The fees that the city charges 01:09:11.600 --> 01:09:13.000 are based upon a cost recovery. 01:09:13.000 --> 01:09:14.680 So for the services of the staff 01:09:14.680 --> 01:09:16.680 and time and effort that are involved. 01:09:16.680 --> 01:09:18.720 There are also state law requirements that come into play 01:09:18.720 --> 01:09:20.840 that we have to be able to enforce and apply. 01:09:20.840 --> 01:09:23.880 So we try to do our jobs with a smile. 01:09:23.880 --> 01:09:26.480 We try to be able to let folks know in a positive means 01:09:26.480 --> 01:09:29.560 as to what the outcome may be. 01:09:29.560 --> 01:09:31.320 Happy to visit with the applicant separately 01:09:31.320 --> 01:09:33.760 if there was some concerns in how the message 01:09:33.760 --> 01:09:35.360 might have been delivered 'cause I can take that 01:09:35.360 --> 01:09:37.280 as an opportunity to be able to help train my staff 01:09:37.280 --> 01:09:38.200 further on that. 01:09:38.200 --> 01:09:42.040 But just so you know, it comes down to business decisions 01:09:42.040 --> 01:09:44.720 and the applicant has chosen to pursue this process 01:09:44.720 --> 01:09:46.320 with respect to our determination 01:09:46.320 --> 01:09:48.600 on the appropriate classification of the use. 01:09:48.600 --> 01:09:50.600 But just wanna make sure you understand 01:09:50.600 --> 01:09:53.000 kind of the other side of the story associated with this 01:09:53.000 --> 01:09:55.000 when applicants come forth and request 01:09:55.000 --> 01:09:57.880 to be able to occupy a building, so thank you. 01:09:57.880 --> 01:09:58.720 - Thank you. 01:09:58.720 --> 01:10:01.400 - Sorry, can I say something in reference to that? 01:10:01.400 --> 01:10:03.120 - Can I, yeah, I mean that's, yeah. 01:10:03.120 --> 01:10:03.940 - Just take a second. 01:10:03.940 --> 01:10:06.280 - We're getting close to being off posting, so. 01:10:06.280 --> 01:10:08.280 - Yeah, so now. 01:10:08.280 --> 01:10:11.080 - So let's keep it short and at your discretion. 01:10:11.080 --> 01:10:13.240 - Just a second. 01:10:13.240 --> 01:10:14.160 - You have one minute. 01:10:14.160 --> 01:10:16.000 - All right. - Okay. 01:10:16.000 --> 01:10:20.520 - So just, to your point, the architect firm Pistol, 01:10:20.520 --> 01:10:22.920 they did have a, before they did, 01:10:22.920 --> 01:10:24.800 any architectural plans submitted for any permits, 01:10:24.800 --> 01:10:28.640 there was a pre-conference that was done 01:10:28.640 --> 01:10:34.440 with that department and nothing was conveyed at that point 01:10:34.440 --> 01:10:36.240 about the use not being approved, 01:10:36.240 --> 01:10:38.920 otherwise we would not have gone through spending $15,000 01:10:38.920 --> 01:10:41.160 to draw architectural plans for something 01:10:41.160 --> 01:10:43.560 that was gonna need an SUV three months later. 01:10:43.560 --> 01:10:44.840 And I just wanted to address that. 01:10:44.840 --> 01:10:49.000 - So thank you, but I think we're off topic now. 01:10:49.000 --> 01:10:50.480 - Gotcha, just wanted to address that 01:10:50.480 --> 01:10:52.240 because again, it's a concern for me 01:10:52.240 --> 01:10:53.760 because there's a lot of back and forth 01:10:53.760 --> 01:10:54.840 where it comes to that issue. - I appreciate that. 01:10:54.840 --> 01:10:56.200 - You know, we did try it. - And I would encourage you 01:10:56.200 --> 01:10:57.800 to speak with staff afterwards. 01:10:57.800 --> 01:10:59.000 - Gotcha, thank you. - Appreciate it. 01:10:59.000 --> 01:10:59.840 - We'll have you visit afterwards. 01:10:59.840 --> 01:11:01.160 - Yeah, thank you, thanks. 01:11:01.160 --> 01:11:04.040 - So, is there anyone else in the audience 01:11:04.040 --> 01:11:05.680 who hasn't had an opportunity to speak yet 01:11:05.680 --> 01:11:06.640 who would like to speak? 01:11:06.640 --> 01:11:07.880 This is a public hearing. 01:11:07.880 --> 01:11:16.960 - Hearing none, I'm gonna close the public hearing. 01:11:16.960 --> 01:11:19.760 We haven't made a decision yet. 01:11:19.760 --> 01:11:20.960 That happens next. 01:11:20.960 --> 01:11:23.720 I lost my place in line, they're calling me. 01:11:23.720 --> 01:11:25.680 - It's a lot of paper. - It's a lot of paper. 01:11:25.680 --> 01:11:29.000 And it wasn't very bold, so I don't know what I'm doing. 01:11:29.000 --> 01:11:31.320 - Yeah, have your discretion. 01:11:31.320 --> 01:11:33.840 You can give them a chance to do a rebuttal 01:11:33.840 --> 01:11:37.000 if they want to address remarks that were in need. 01:11:37.000 --> 01:11:40.000 But also, we've kind of been doing that as we go. 01:11:40.000 --> 01:11:41.280 - Yeah, got it, yeah, yeah. 01:11:41.280 --> 01:11:42.600 So, okay. 01:11:42.600 --> 01:11:44.040 So I'm closing the public hearing. 01:11:44.040 --> 01:11:47.080 The time is 6.46. 01:11:47.080 --> 01:11:50.520 I really would like to find where I'm at 01:11:50.520 --> 01:11:53.480 because it's not often that we have these sorts 01:11:53.480 --> 01:11:56.440 of like two-part meetings and this is a lot on the line. 01:11:56.440 --> 01:11:58.720 And we'll make sure we're doing this, right? 01:11:58.720 --> 01:12:01.560 Thank you. 01:12:01.560 --> 01:12:04.400 - What's the rules? 01:12:04.400 --> 01:12:07.240 - Okay, so it looks like you are on, 01:12:07.240 --> 01:12:08.520 you've closed the hearing. 01:12:08.520 --> 01:12:10.120 So you're just doing the concluding items. 01:12:10.120 --> 01:12:10.960 - Yeah. - And then we'll move on 01:12:10.960 --> 01:12:11.800 to the next meeting. - And then we can move on 01:12:11.800 --> 01:12:13.600 to the next meeting, okay. 01:12:13.600 --> 01:12:16.680 Are there any concluding items before we close this meeting 01:12:16.680 --> 01:12:18.400 and open the next one? 01:12:18.400 --> 01:12:21.800 - Do we get a chance to think, like, before we-- 01:12:21.800 --> 01:12:22.720 - No, we're going. 01:12:22.720 --> 01:12:23.560 - We go straight to the next one. 01:12:23.560 --> 01:12:24.960 - We're going straight to the next one. 01:12:24.960 --> 01:12:27.800 - Yeah, it's a thing, this Texas legislature did a thing 01:12:27.800 --> 01:12:29.760 a couple years ago and we all know how Texas legislatures 01:12:29.760 --> 01:12:32.200 like complicate stuff. 01:12:32.200 --> 01:12:34.080 In the past, we'd have an opportunity 01:12:34.080 --> 01:12:36.920 just to kinda keep going and have the conversation. 01:12:36.920 --> 01:12:39.240 This requires a two-part meeting 01:12:39.240 --> 01:12:41.200 and it has to be the same people. 01:12:41.200 --> 01:12:42.760 And so good luck getting us all in the same room 01:12:42.760 --> 01:12:44.040 at the same time together. 01:12:44.040 --> 01:12:45.960 So, no, we're gonna think on our feet. 01:12:45.960 --> 01:12:50.960 But we had a lot of time to talk, so, yeah. 01:12:51.600 --> 01:12:54.520 - So, procedurally, at the next meeting, 01:12:54.520 --> 01:12:55.680 you'll entertain a motion 01:12:55.680 --> 01:12:57.480 and then there will be a discussion phase. 01:12:57.480 --> 01:13:00.160 - Yes. - Okay, thank you. 01:13:00.160 --> 01:13:02.280 - Okay, so I am gonna end this meeting. 01:13:02.280 --> 01:13:05.600 The time is 6 47. 01:13:05.600 --> 01:13:08.440 Take a breath.