WEBVTT 00:00:00.000 --> 00:00:06.840 So after determining that a quorum is present, I hereby call this meeting of 00:00:06.840 --> 00:00:10.360 the City of Denton's Zoning Board of Adjustment into session. The Zoning 00:00:10.360 --> 00:00:14.560 Board of Adjustment of the City of Denton, Texas will convene a special call 00:00:14.560 --> 00:00:22.760 meeting at 5 56 p.m. Item number one on our agenda is the U.S. and Texas Pledge 00:00:22.760 --> 00:00:33.680 of Allegiance. I pledge allegiance to the flag of the United States of America and to 00:00:33.680 --> 00:00:39.840 the Republic for which it stands, one nation under God, indivisible with 00:00:39.840 --> 00:00:59.880 liberty and justice for all. Thank you. I pledge allegiance to the Texas one state 00:00:59.880 --> 00:01:14.160 under God, one indivisible. My name is Connor Hall. I am the vice chair of the 00:01:14.160 --> 00:01:18.680 Zoning Board of Adjustment of the City of Denton. Prior to commencing our hearing, I 00:01:18.680 --> 00:01:22.520 would like to review our meeting format for the benefit of those in the audience. 00:01:22.520 --> 00:01:28.040 The board consists of seven regular members and three alternates. The members 00:01:28.040 --> 00:01:32.360 of the Zoning Board of Adjustment are residents of the City of Denton. We serve 00:01:32.360 --> 00:01:37.040 voluntarily and have been appointed to our positions by the City Council. It takes 00:01:37.040 --> 00:01:43.000 six votes to authorize a variance from the city zoning or sign ordinances. If 00:01:43.000 --> 00:01:46.560 there are any members of the public who wish to speak on item, please fill out a 00:01:46.560 --> 00:01:54.720 blue card and hand it to Kathy. We will now commence our regularly scheduled 00:01:54.720 --> 00:02:03.280 agenda. Item number 2A, ZBA 26-072. Receive a report and hold a 00:02:03.280 --> 00:02:06.960 discussion regarding best practices for the Zoning Board of Adjustment's procedures, 00:02:06.960 --> 00:02:09.920 powers, and duties. 00:02:09.920 --> 00:02:23.040 Good evening. I'm Julie Wyatt and I'm the staff liaison for ZBA. So I'm getting up 00:02:23.040 --> 00:02:26.760 here to talk to you about best practices for ZBA. We're not going to go over all 00:02:26.760 --> 00:02:30.720 the procedures this time. I know you kind of go over them every year. We're going to 00:02:30.720 --> 00:02:40.040 do something a little different. So ten best practices. My assistant here on this 00:02:40.040 --> 00:02:45.760 one is Hillary. Hillary's going to help me with this. A lot of these are legal items and so she's the 00:02:45.760 --> 00:02:52.280 better person to talk about it. Absolutely. So this first one is that the chair is 00:02:52.280 --> 00:02:56.080 in charge and it's important to follow the meeting format. There's a couple of 00:02:56.080 --> 00:03:01.200 reasons for this. The first is that ZBA's role is consequential. What you decide 00:03:01.200 --> 00:03:07.700 becomes the law of the land in Denton. If we're doing an appeal of an 00:03:07.700 --> 00:03:12.720 administrative decision and you change the administrative decision, then that's 00:03:12.720 --> 00:03:18.560 how that provision is interpreted going forward. Kind of a big deal. As you all 00:03:18.560 --> 00:03:23.060 noticed, Connor, our chair for today's meeting, read from a script. That's 00:03:23.060 --> 00:03:29.560 because structure is so very important. And as Julie noted on this lovely 00:03:29.560 --> 00:03:35.840 well-compared slide, we just want to make sure that we provide a procedural due 00:03:35.840 --> 00:03:39.920 process for the city and for the applicant and that we do everything 00:03:39.920 --> 00:03:44.920 correctly and in the right order. And what that means is that, especially when 00:03:44.920 --> 00:03:50.000 we're doing hearings for variances, there are kind of two phases of the process. 00:03:50.000 --> 00:03:55.800 The first is receiving evidence, asking questions. The second is deliberating and 00:03:55.800 --> 00:04:00.520 there needs to kind of be like a brick wall between the two. So in the script 00:04:00.520 --> 00:04:05.280 and Susan, as your private humanitarian today, might be like, "No seriously, 00:04:05.280 --> 00:04:11.400 everybody. Are you done asking questions?" And that's part of why is that the record 00:04:11.400 --> 00:04:17.560 needs to be, we need to be able to point to a product that is the record so that 00:04:17.560 --> 00:04:26.440 in the unlikely event this gets appealed, we have good information. Exactly, think 00:04:26.440 --> 00:04:40.680 of 12 Increment. I haven't actually seen this. It's one of my favorite movies. Oh my goodness. It's Daily Break. I need to go do some legal homework. But also, like your typical episode of Law and Order, the jury is 00:04:40.680 --> 00:04:46.040 in the courtroom hearing the evidence, then they go away. Here, because the Open 00:04:46.040 --> 00:04:50.000 Records Act and Open Meetings Act, we have to do it all in the open. So that's 00:04:50.000 --> 00:04:58.280 why we receive evidence, then we deliberate on the evidence. And this next one relates to the Open 00:04:58.280 --> 00:05:03.200 Records Act is to use your city email and check it regularly because your 00:05:03.200 --> 00:05:09.600 city email is a way to keep city records and personal records separate. And this 00:05:09.600 --> 00:05:14.720 is a good thing that's in your interest because you don't want tech services 00:05:14.720 --> 00:05:20.600 asking to look through your whole email if you're a custodian of a record. I'm 00:05:20.600 --> 00:05:24.480 gonna back up. I used some key words there. When you're doing the business of 00:05:24.480 --> 00:05:29.360 the city, you are creating city records that could be responsive to a 00:05:29.360 --> 00:05:34.760 Public Information Act request. And you are a custodian of those records if 00:05:34.760 --> 00:05:40.120 the email is in your inbox or something. To keep your personal information and 00:05:40.120 --> 00:05:44.240 your public servant information separate, it's in your best interest to use your 00:05:44.240 --> 00:05:48.560 city email for city business. And to keep your personal email, we don't need to 00:05:48.560 --> 00:05:52.480 know what kind of anime stuff you subscribe to. That's all good. But that's 00:05:52.480 --> 00:05:55.440 just the best way to do it. 00:05:55.440 --> 00:06:02.680 Yeah, alright. Okay, number three. So we've gone over number one and number two. Number three of the ten best 00:06:02.680 --> 00:06:08.400 practices is keep meeting discussion items listed to what's on the agenda 00:06:08.400 --> 00:06:13.760 only. Like Hillary said, the Texas Open Meetings Act is really important. We have 00:06:13.760 --> 00:06:18.120 to post the agenda at least three business days before the meeting. And we 00:06:18.120 --> 00:06:23.320 have to let the public know what we're going to talk about. So it happens quite 00:06:23.320 --> 00:06:28.600 frequently. We're discussing something in a meeting, you're deliberating on 00:06:28.600 --> 00:06:31.840 something, and it reminds you of something else. And you want to say, "Hey, 00:06:31.840 --> 00:06:39.100 what about this thing?" Don't. Hold that thought because there's a time 00:06:39.100 --> 00:06:43.180 at the end where you could say, "Hey, this item occurred to me. Can we put it on a 00:06:43.180 --> 00:06:46.880 future agenda?" That's the time for that to happen. So we want to make sure that 00:06:46.880 --> 00:06:50.960 we stay in compliance with the Texas Open Meetings Act. If you have something 00:06:50.960 --> 00:06:57.360 off-topic, wait till the end. Number four. Be mindful of creating situations which 00:06:57.360 --> 00:07:02.440 may lead to a walking quorum by avoiding replying all and forwarding messages to 00:07:02.440 --> 00:07:09.320 other members. If you reply all to your email, you could inadvertently create a 00:07:09.320 --> 00:07:15.880 quorum. Or if, say, you have a friend on the ZBA and you're like, "Oh, we're 00:07:15.880 --> 00:07:22.360 gonna see this case next time." Don't do that. Don't email it. You know, reply to 00:07:22.360 --> 00:07:31.640 Kathy only or to me only, anyone in the city. Don't reply all. Number five. Review 00:07:31.640 --> 00:07:36.760 the meeting calendar carefully. Try to attend all meetings and let staff know of 00:07:36.760 --> 00:07:42.360 scheduling conflicts or confirm attendance as early as possible. We all 00:07:42.360 --> 00:07:46.660 have lives. We all have things that happen, right? And we have you look at 00:07:46.660 --> 00:07:50.840 that calendar in November or December, and you may not know where you're gonna 00:07:50.840 --> 00:07:56.960 be in July of the next year. And that's okay. We all, like I said, have lives. But 00:07:56.960 --> 00:08:02.400 we want to make sure, you know, if in March you plan that vacation for July and 00:08:02.400 --> 00:08:07.040 it's gonna interfere with ZBA, let Kathy know. Let me know. That way we can start 00:08:07.040 --> 00:08:14.000 planning around it. And this has come up in the last two meetings is that we have 00:08:14.000 --> 00:08:19.280 to have six out of seven. ZBA is really unique in that. No other board or 00:08:19.280 --> 00:08:27.320 commission regularly has to have that many vote to approve or deny something. So 00:08:27.320 --> 00:08:34.060 you, it's a high bar. And that's probably why ZBA has alternates. Because that way 00:08:34.060 --> 00:08:39.800 if somebody cannot attend, we have, you know, you're doing great. I just think this is a good 00:08:39.800 --> 00:08:44.880 opportunity to put a plug in. Dear commissioners, if you know of anyone who 00:08:44.880 --> 00:08:55.140 might be interested in serving it, make them. We're press gating now. Yes, right now, yes, we have a room for 00:08:55.140 --> 00:09:06.640 alternates. And so come on down. Any questions? I guess has the, specifically 00:09:06.640 --> 00:09:14.160 for number five, has the, has it been updated that the two people that are 00:09:14.160 --> 00:09:20.360 because I've told two city councilors that and it's sort of, I think if it was 00:09:20.360 --> 00:09:24.520 updated, it would be on the city like, hey, we have major vacancies here, not just the 00:09:24.520 --> 00:09:29.760 alternates. They would put a bit more of a fire. I believe they have now been removed from the city. 00:09:29.760 --> 00:09:38.840 Okay. So that would be helpful going forward. And two, on the one that was, like, don't bring up, I'm 00:09:38.840 --> 00:09:44.440 guessing that's more of, like, save everything that's not a part of the case 00:09:44.440 --> 00:09:52.760 for the afterwards, right? Yes. Because I don't know, like, what we could bring up, like, that would. I don't know if it 00:09:52.760 --> 00:09:57.800 happens as often in this board as it might happen, like, in planning and zoning 00:09:57.800 --> 00:10:03.560 commission, where they talk about a broad range of topics, but it could happen 00:10:03.560 --> 00:10:07.200 here. And so that's why we just want to make sure that whatever, whatever we talk 00:10:07.200 --> 00:10:12.400 about needs to be related to what was posted on the agenda. 00:10:12.400 --> 00:10:20.800 Number six, use the DVC's criteria for approval in your decision-making and 00:10:20.800 --> 00:10:24.360 clearly state your rationale. Why do we do that? 00:10:24.360 --> 00:10:31.080 Variances cannot be used to vary in use and they're not permitted to alleviate 00:10:31.080 --> 00:10:35.760 inconveniences or financial burdens. It's not just because you want to, right? 00:10:35.760 --> 00:10:42.160 There's, there's criteria for that a project has to meet. Also, you can't, 00:10:42.160 --> 00:10:48.280 there's no variance for use. So if you are in a R4 district, you can't get a 00:10:48.280 --> 00:10:53.480 variance to get multifamily in there. It doesn't work that way. We have really 00:10:53.480 --> 00:10:59.120 specific criteria for approval, sorry, and they have been written to meet state 00:10:59.120 --> 00:11:03.780 law in the city's policies. And the applicant must demonstrate that they 00:11:03.780 --> 00:11:08.600 meet all criteria. So it's not just one or two, they should meet all of them. When 00:11:08.600 --> 00:11:14.080 making a motion for denial, if that is your choice in a particular variance, the 00:11:14.080 --> 00:11:18.120 board member must state the specific reason and why the applicant has not 00:11:18.120 --> 00:11:22.680 met the criteria. So I have an example here. So an applicant wants to build a 00:11:22.680 --> 00:11:26.860 large mother-in-law suite, but her plan encroaches three feet into the side 00:11:26.860 --> 00:11:34.400 yard setback of her standard suburban lot. She could revise her plan to a way 00:11:34.400 --> 00:11:39.240 without encroaching into the side yard setback, or she could reduce the size of 00:11:39.240 --> 00:11:47.600 that, of that suite. But if, if after hearing all of the testimony, after 00:11:47.600 --> 00:11:52.920 you've heard all the presentations, if a ZBA member wishes to make a motion for 00:11:52.920 --> 00:11:59.200 denial, he could state the following to effect. I make a motion for denial, the 00:11:59.200 --> 00:12:03.120 applicant has not demonstrated a special circumstance that applies to her lot, and 00:12:03.120 --> 00:12:07.360 the setback does not deprive her of a reasonable use. Something to that effect. 00:12:07.360 --> 00:12:12.200 But what you really want to do is use that criteria for approval to state why 00:12:12.200 --> 00:12:19.280 you are recommending denial. And that will help your chair out, because prior to 00:12:19.280 --> 00:12:23.720 calling for a vote, the chair must take the grounds. So it's really important. 00:12:23.720 --> 00:12:28.560 Once again, like Hillary said, we're creating a record. So Julie, just for the 00:12:28.560 --> 00:12:34.640 sake of fullness, how would you recommend they talk about making a motion if they want to 00:12:34.640 --> 00:12:40.640 approve it? Well, our script, or I believe the letter, you could, you could say that 00:12:40.640 --> 00:12:46.720 it complies with all of the criteria set forth in DDC and then the, provide the 00:12:46.720 --> 00:12:52.080 numbers. You certainly could say it meets the criteria and list them out. So there 00:12:52.080 --> 00:12:57.880 are a variety of ways to do it. I think, I think on the script, it can be very 00:12:57.880 --> 00:13:04.680 consistent with just it meets all of the criteria. All right, number seven. Don't 00:13:04.680 --> 00:13:08.880 discuss an agenda item with board members outside of the meeting. Once again, 00:13:08.880 --> 00:13:16.640 Texas Open Meetings Act. It also prevents the appearance of impropriety. So if 00:13:16.640 --> 00:13:21.680 you see a ZBA member out in the world and you're like, oh, we have this coming 00:13:21.680 --> 00:13:26.800 up. I wonder what's going to be or I know this person. Don't talk about it. Don't 00:13:26.800 --> 00:13:30.640 talk about the agenda outside of the meeting. Leave it all for the formal 00:13:30.640 --> 00:13:37.120 discussion here. Number eight. If an agenda item creates or appears to 00:13:37.120 --> 00:13:41.120 create a conflict of interest or personal gain, refer to the ethics 00:13:41.120 --> 00:13:45.960 ordinance or request an advisory opinion. Why do we do this? Well, as a city 00:13:45.960 --> 00:13:52.240 official, it protects you, the city, and it also enhances public confidence. So and 00:13:52.240 --> 00:13:56.440 we can give all of these slides to you afterwards. There is a link to the ethics 00:13:56.440 --> 00:14:00.240 ordinance and that can get you to where you need to go in order to get an 00:14:00.240 --> 00:14:07.520 advisory opinion if necessary. Number nine. Check your city email account often 00:14:07.520 --> 00:14:12.840 throughout the month and the week before day of the meeting. Variance requests can 00:14:12.840 --> 00:14:18.040 be unpredictable sometimes. This can cause the meeting schedule to change. You 00:14:18.040 --> 00:14:22.840 know, some of, unlike say the Planning and Zoning Commission, ZBA has some 00:14:22.840 --> 00:14:27.440 specific timelines on specific items. For instance, an appeal has to be done 00:14:27.440 --> 00:14:33.520 within 60 days. So that may not completely align with your calendar. So we 00:14:33.520 --> 00:14:37.360 may be contacting you to do a special call like we did tonight. So make sure 00:14:37.360 --> 00:14:43.720 you just check it from time to time so we can make sure we're communicating 00:14:43.720 --> 00:14:48.520 effectively with everyone. This is the primary way we ensure a quorum. I'm sure 00:14:48.520 --> 00:14:56.160 you hear from Kathy a lot or the admins finding out if if we are going to make 00:14:56.160 --> 00:15:03.320 quorum. We will call. We do try to try to gather everybody. So we'll call if we 00:15:03.320 --> 00:15:08.720 don't hear from you, but if we hear from you via email, we won't have to call you. 00:15:08.720 --> 00:15:16.240 Also, if you're having technical difficulty with your City of Denton email, 00:15:16.240 --> 00:15:22.560 let us know. I am not very tech savvy, but tech services can help you out like 00:15:22.560 --> 00:15:29.240 that. And number ten. If you're unsure about anything, your role, process, 00:15:29.240 --> 00:15:34.520 procedure, ask. No question is too small and we are here to help. We've got all of 00:15:34.520 --> 00:15:39.760 we've got my contact information, Kathy's, and then Haley, Angie, Charlie, and 00:15:39.760 --> 00:15:44.400 Hillary, if you need to get in touch with any of us. And that concludes the 00:15:44.400 --> 00:15:47.760 presentation. If you have any questions, I'll be happy to answer them or I might 00:15:47.760 --> 00:15:50.760 kick them to Hillary. 00:15:52.440 --> 00:16:08.520 Great. Thank you for presenting very thorough and well explained. All right. Moving on to item number three A is ZBA 26-205. 00:16:08.520 --> 00:16:15.080 Consider the approval of the December 15th, 2026 minutes and March 23rd, 00:16:15.080 --> 00:16:20.960 2026, no quorum minutes. Each member of the board has been provided a copy with 00:16:20.960 --> 00:16:25.400 a copy of these minutes. Are there any corrections, additions, revolutions to these 00:16:25.400 --> 00:16:38.480 minutes? Seeing none, the Chair would entertain a motion on item number two B. 00:16:40.480 --> 00:16:53.720 Item number three A. Second. All right. All in favor of approving the 00:16:53.720 --> 00:17:02.920 minutes, raise your hand and say aye. Aye. Motion to denial. Okay. The ayes have it. Six in favor, zero 00:17:02.920 --> 00:17:19.480 against. Great. All right. Now, moving on to item number three B is ZBA 26-006, which 00:17:19.480 --> 00:17:24.200 is, I believe, an error on the sheet that says to elect the Vice Chair for the 00:17:24.200 --> 00:17:27.360 Zoning Board of Adjustment. Chair and Vice Chair. I believe it's Chair and Vice 00:17:27.360 --> 00:17:37.480 Chair. Okay. So I suppose we should probably start with the Chair first. Going 00:17:37.480 --> 00:17:40.760 forward, are there, is there anyone who would like to make a nomination for Chair? 00:17:40.760 --> 00:17:48.000 I'd like to nominate Connor Hollis, Chairman of the Board, in a second. Okay. Are there any 00:17:48.000 --> 00:17:56.000 other nominations for this position? Okay. Seeing none, should we do both positions 00:17:56.000 --> 00:18:00.440 and then vote as one, or should we vote on each individual position? However you 00:18:00.440 --> 00:18:03.640 want. I mean, you have a, you can go ahead and vote on this one and then do the 00:18:03.640 --> 00:18:10.680 next one since there's, yeah. Okay. Okay. We'll go ahead and nominate for, we'll go ahead and 00:18:10.680 --> 00:18:13.640 vote on Chair and then we'll move on to the Vice Chair position. Does that work 00:18:13.640 --> 00:18:19.120 for the board? Okay. All in favor of nominating Connor Hollis as Chair of the 00:18:19.120 --> 00:18:26.560 Board of the Zoning Board of Adjustment, raise your hand and say aye. Aye. All opposed. Okay. The ayes have it. 00:18:26.560 --> 00:18:35.840 I have been named Chair of the Board. Cool. All right. And now, now we should go 00:18:35.840 --> 00:18:41.400 ahead and nominate a Vice Chair for the board. Is there anyone who would like to 00:18:41.400 --> 00:18:55.240 vote for the nomination for the Vice Chair position? I'll do it since nobody else did. I mean, I was about to do it. I know, I was going to nominate Liam. Okay. All right. Okay. Are there any other 00:18:55.240 --> 00:19:10.640 nominations for the Vice Chair position? Do we need a second for the nomination? I just did in case. Okay. Seeing none, we will go ahead and motion to vote. So, or did I say that 00:19:10.640 --> 00:19:15.760 correctly? You can take a vote. I mean, if you'll, if you want to do a second and 00:19:15.760 --> 00:19:20.440 vote like you did the first one, just to be consistent, that's fine. Generally, you 00:19:20.440 --> 00:19:38.120 get your nominations and then you can take a vote. Okay. But, yeah. Okay. Is there a second? We probably. To be consistent? To be consistent. That works. Is there a second? Okay. Thank you, Member Registrar. All right. All in favor of voting for Member 00:19:38.120 --> 00:20:00.520 Wakefield as Vice Chair of the Board, raise your hand and say aye. Aye. All opposed? Okay. The ayes have it. Congratulations, Mr. Vice Chair. I'm going to give the name to Mr. Chair. I'm Vice Chair. All right. Excellent. So. Okay. Now, since that has been 00:20:00.520 --> 00:20:30.440 concluded, we will go ahead and move on to our next item. So, we are having one variance hearing tonight and that's going to be on item B26-0002A. In the interest of time, I will swear in all witnesses of this time. Will all witnesses who will provide testimony at today's hearing, please stand and raise your right hand? You guys want to speak? All right. Under penalty or pre-jury, do you use 00:20:30.440 --> 00:21:00.280 swear or affirm that any testimony or information you provide or any statement you make before this board is complete, true, and correct to the best of your knowledge and ability? If so, please answer, I do. Okay. Is there any witness who was unable or unwilling to take this out? I see none. So, I'll go ahead and move on. So, in order to ensure an orderly meeting, the hearing procedure for each variance will be as follows. 00:21:00.280 --> 00:21:30.200 One, no person shall speak unless they are recognized by the chair to speak and then shall only speak from the podium. Second, or first, the city's presentation and questions from the board. Next, applicant presentation and questions from the board. Then, after the parties have finished their presentations, members of the public may speak on the item. 00:21:30.200 --> 00:21:44.280 Finally, the board may ask any follow-up questions of staff or applicant that were raised by the public and not previously answered. Finally, at the conclusion of the evidence, I will close the public hearing. 00:21:44.280 --> 00:22:12.600 So, item number 4A is B26002A. Hold a public hearing and consider approval of a variance from Denton Development Code subsection 7.9.4B regarding the maximum amount of parking spaces allowed for an automotive fuel sales development located on approximately 2.73 acre property of the northeast corner of the intersection of Cooper Creek Road and University Drive. 00:22:12.600 --> 00:22:31.720 The B26002A, QT1899, maximum parking mat for me. So, the matter before the board is whether to grant a variance to the city's development code or regulations regarding parking. I now open the hearing. 00:22:31.720 --> 00:22:55.240 Good evening, board. This is the QT1899 max parking variance. So, to start with some background, this invariance is associated with a 2.73 acre site at the northeast corner of University Drive and Cooper Creek Road. 00:22:55.240 --> 00:23:08.840 This request is associated with the proposed redevelopment of the site as stated for the automotive fuel sales use. Essentially, that is re-task station. 00:23:08.840 --> 00:23:27.720 So, the plans are under review by the city staff and because they don't quite meet them, we're here with a variance request. That request is for an additional 16 parking spaces for a total of 39 parking spaces. 00:23:27.720 --> 00:23:39.480 The DDC requires a minimum of 15 for this site and staff is only able to approve up to 23, hence why we're here before you today. 00:23:39.480 --> 00:23:51.720 So, as was mentioned in the previous item, there are six considerations or six criteria that must be met and so I'll go through each one and staff's findings with each one. 00:23:51.720 --> 00:24:05.080 So, the first one being that there are special conditions that apply this parcel that generally do not apply to others, of which the strict application of the DDC deprives the applicant the reasonable use of the property. 00:24:05.080 --> 00:24:23.080 The staff's finding is that the special condition for this site is its location near several heavily trafficked major roadways in the city. Cooper Creek Road and University Drive are primary arterials on the debt mobility plan. 00:24:23.080 --> 00:24:29.400 This means that they are meant to facilitate traffic across the county and regions of the city. 00:24:29.400 --> 00:24:48.600 Now University Drive, also known as US380, is a special arterial because one is state owned and secondly it serves as a major corridor for east-west connection across all of the northern DFW metric flex. 00:24:48.600 --> 00:25:01.240 So, because of that, it tends to see more traffic than other arterials in town. That, in combination with the loop, sees quite a bit more traffic than other areas of the city. 00:25:01.240 --> 00:25:17.800 Now, how that affects this property was analyzed in a parking demand analysis. So, any parking variance that staff looks at, we asked for an analysis and the applicant submitted one. 00:25:17.800 --> 00:25:32.040 They looked at two gas stations in other cities, under the same franchise, that have similar special conditions to this one, being next to major roadways, state or federal owned highways that are particularly busy. 00:25:32.040 --> 00:25:44.360 They're about the same size building. The major difference is these sites they looked at have more parking available on site than we would allow here in Denton. 00:25:44.360 --> 00:25:59.240 The analysis found out that at these sites, both the parking demand as well as the occupied spaces during the event of time significantly exceeded what we in the city of Denton would allow. 00:25:59.240 --> 00:26:20.600 And so, I'm looking back to the consideration. The strict application of the DDC with these considerations in mind is depriving the applicant of their ability to safely operate their intended business due to insufficient parking as required by the code. 00:26:20.600 --> 00:26:33.320 The second consideration is that the veterans will not be detrimental to the public welfare. This variance is meant to serve the public welfare. Staff does find that statement to be true. 00:26:33.320 --> 00:26:51.800 In the applicant's narrative, they've stated that similar sites without sufficient parking do see safety risks with people parking in spots not meant for that action or for that activity creating safety risks there. 00:26:51.800 --> 00:27:07.800 Additionally, the city has seen evidence of such safety risks at gas stations and other parts of the city where there isn't sufficient parking. That's talked about a bit more in the staff analysis. 00:27:07.800 --> 00:27:30.040 The third consideration is that this variance is the minimum that would accomplish the purpose. Staff does find that statement to be true. Other options such as expanding the building footprint are not viable as the amount of expansion that would be needed would interfere with safe navigation of the site. 00:27:30.040 --> 00:27:39.960 Use of on-street parking is not viable either because it has prohibited along their adjacent roadways. 00:27:39.960 --> 00:27:53.320 The fourth consideration is that the little enforcement of the DDC results in an unnecessary hardship and that the guarantee of the variance would preserve the spirit of the code. 00:27:53.320 --> 00:28:02.040 For this variance, the DDC max parking limit itself is claimed as the unnecessary hardship. 00:28:02.040 --> 00:28:19.560 Generally, our parking requirements, they don't consider site-specific standards. They're applied to general land use categories, and so the special conditions of the site are considered when creating those parking minimums and required maximums. 00:28:19.560 --> 00:28:42.360 To show that the spirit of the DDC is maintained, the site plan that's been worked on with the staff and the applicant incorporates the additional parking spaces and is still able to meet all other requirements of the DDC criteria manuals that we would have for the site. 00:28:42.360 --> 00:29:01.240 Fourth, the granting of this variance is not solely for the purpose of mitigating financial hardship. Staff finds that to be true is for the purpose of increasing parking. It is for the purpose of designing the site that will avoid safety risks related to insufficient parking. 00:29:01.240 --> 00:29:16.120 The final six consideration is that the need for variance does not result from the variance actions. This site being located next to major highways is not the result of the owner. 00:29:16.120 --> 00:29:33.400 Now, staff can't quite reach to a point of recommending approval, the reason being the unnecessary hardship. The code itself is not typically what is seen or is considered to be a hardship. 00:29:33.400 --> 00:30:02.840 However, if the board reasons differently or based on applicant public testimony, there is a compelling unnecessary hardship in this case. Staff really has no objection as should the ZB decide that way, just ask that the condition be added, that stormwater drainage created by additional parking be mitigated. 00:30:02.840 --> 00:30:09.160 And as a side note, that is worked into the current site plan, so that is a general thought. 00:30:09.160 --> 00:30:16.600 That is the presentation. I'm not here to answer any questions. 00:30:16.600 --> 00:30:25.720 So what is the area around the gas station like zone 4 and what is currently around it? 00:30:25.720 --> 00:30:41.400 Zoned around it is various commercial industrial zoning districts, LI, general office, maybe some sort of corridor. It's generally commercial and industrial. 00:30:41.400 --> 00:30:46.200 And then what is the future land use plan? 00:30:46.200 --> 00:31:07.480 Similarly, also, I think either my first or second meeting as a member of the ZBA board, we had another QT, but at like the intersection of 380 and I-35. 00:31:07.480 --> 00:31:20.600 And like, I guess, is it because that it's new that it's sort of the precedent that we sort of that we did vote to give them the additional parking spaces because we saw the safety need for it? 00:31:20.600 --> 00:31:25.240 Why didn't that apply to this? 00:31:25.240 --> 00:31:47.800 So at the corner of 380 and I-35? Yeah. Universe. Chairman. Yes, go ahead. Okay. So I remember that case. You didn't prepare one. So our recommendation was similar to this here in that we don't necessarily find a hardship, but we can kind of see where you guys might find one. 00:31:47.800 --> 00:32:03.880 Traditionally, in case law hardships need to be something like I can't open my business without this for your hands, but the totality of the circumstances and what the applicant might present may lead you to find our tip. 00:32:03.880 --> 00:32:26.760 And so that's what's it. Okay. Can you describe what the drainage mitigation that you said is already incorporated? I think you'd be best to fill that question to the advocate of testimony. 00:32:26.760 --> 00:32:43.560 You can't really speak in specifics on that. Would you mind going back to where the map was showing us where the what else was already there? It was like. 00:32:43.560 --> 00:33:10.040 Yeah, yeah, that one. So so that that's remember Whitefield's question was about mine as well of what else was all around there. It does look like there's significant amount of industrial build up. It doesn't look like any of that is residential. 00:33:10.040 --> 00:33:34.280 Correct. Yeah. Yeah. So to the north and to the west is industrial uses a little bit and to the east to the west or the east and south or other industrial or commercial. Thank you. 00:33:34.280 --> 00:33:47.320 Where are the additional parking spots going to be located? Is that an extension of the same parking lot or is that going to be a separate area? So it's incorporated into the overall design. 00:33:47.320 --> 00:34:02.800 There isn't necessarily a separate section. That's the 16 extra as all of the 39 spaces. I just kind of worked into one piece. 00:34:02.800 --> 00:34:19.760 Now, sure. Now, without these additional parking spots, are you talking about a peak hours that you foresee or it is foreseen that there are going to be cars that can't park and they're going to be waiting for parking spots or something like that? 00:34:19.760 --> 00:34:37.840 Or is it just to make sure there's going to be enough room for people when they come here? So for that, I would turn to the parking demand analysis as part of the answer. 00:34:37.840 --> 00:34:57.960 Yes. And the applicant for sure can expand. At similar gas stations, we have seen that what we would say is the max parking site size, the number of people visiting and customers far exceeded that. 00:34:57.960 --> 00:35:20.080 So it would be S. As we wouldn't let the current codes in, we wouldn't be able to meet the demands of these places, which are similar situations to what's being presented. 00:35:20.080 --> 00:35:37.160 Okay. So like this was worked on the city staff. Was there a previous design or would they have to go back and like change up the plan? 00:35:37.160 --> 00:35:57.720 There would have to be pretty significant design changes. And to clarify that it's basically just general land. Is the parking minimums and maximums the same throughout the entire zoning? 00:35:57.720 --> 00:36:27.600 Correct. So they're based on the use. And so no matter where a gas station is, okay. All right. My using my phone, which just, if I was looking correctly at the regional area, we're talking about an area on three 80 that is west of two 88. 00:36:27.600 --> 00:36:53.400 And at Copper Creek, if it's right on what I called up, is the extension of Mayhill as it passes. So that puts it out in an area that really doesn't have a whole lot of development out there that in my estimation would be impacted negatively. 00:36:53.400 --> 00:37:15.920 If it were to have additional parking areas, you do have the request in there, which is justifiable, excuse me, with the fact that whenever you add anything that's black top concrete or that, you're going to have additional water runoff. 00:37:15.920 --> 00:37:45.440 So what water table carry off runoff is available at and around that intersection in order to mitigate the runoff, which is one of the comments that is a thought that the staff has no objection if the storm drainage is mitigated. 00:37:45.440 --> 00:38:06.440 Yeah, okay. So to answer your question, I can probably speak a little more detail, specific to our site. But generally, they have to make sure that any runoff, they aren't negatively impacting neighboring properties, any more than what's going on now. 00:38:06.440 --> 00:38:28.440 So any sort of stormwater onto the site, and if it's sufficient volume, they have to contain so that they know from the general area. So they look back into the plan. 00:38:28.440 --> 00:38:34.440 Okay, so if I'm understanding it correctly. 00:38:34.440 --> 00:38:47.440 All right. Who worries about mitigating the runoff? Is it just done by the way they 00:38:47.440 --> 00:39:11.440 function with grading the law prior to they are going to, is there going to have to be a attachment to city sewers, or they have a one there? Have you, you know, just kind of help me follow up. 00:39:11.440 --> 00:39:33.440 What would be entailed totally in order to mitigate it? Who does what fall off? Does it fall on the property owner totally? Does it take into account services that have to be provided by the city? 00:39:33.440 --> 00:39:49.440 Tell me and in regard to that aspect, please. Yeah, so the applicant is responsible for designing the site to check to make sure that they aren't negatively impacting what's around them. 00:39:49.440 --> 00:40:02.440 As for the exact specifics of for this site, what entirely is involved, probably best explained by the applicant. 00:40:02.440 --> 00:40:11.440 They're, they're able to answer those questions, those questions. 00:40:11.440 --> 00:40:18.440 Generally, they have to make sure there's nothing. 00:40:18.440 --> 00:40:20.440 Conditions are made worse. 00:40:20.440 --> 00:40:23.440 And they've been able to demonstrate that they can. 00:40:23.440 --> 00:40:29.440 Yeah, for any specifics for that question. 00:40:29.440 --> 00:40:40.440 Going back off when you made the comment about enlarging the footprint of the building. 00:40:40.440 --> 00:40:53.440 By doing that, one changes what is a typical, you know, building, you know, like you do a McDonald's or that they all have their specifics. 00:40:53.440 --> 00:41:08.440 But how much additional would have to be done in order to provide them with the corresponding additional parking spaces? 00:41:08.440 --> 00:41:21.440 And is the area that they are developing sufficient enough to take a bigger footprint for the building? 00:41:21.440 --> 00:41:23.440 Yes, I did look into that. 00:41:23.440 --> 00:41:31.440 It would have to be a very significant increase in the building footprint, more than double. 00:41:31.440 --> 00:41:39.440 Getting close to triple the size of the current building in order for the ratios to meet. 00:41:39.440 --> 00:41:47.440 And so that would have a significant impact on how the overall site works. 00:41:47.440 --> 00:41:54.440 Did you want to add something? I was going to add just a little bit on some of the drainage questions, if I could, or the water ones. 00:41:54.440 --> 00:42:06.440 Angie Mingler, Assistant Planning Director, not an engineer, but just wanted to maybe add a little bit of clarity and color to some of the water on where that drainage goes. 00:42:06.440 --> 00:42:22.440 This area generally drains towards U.S. 380, and any project that we look at, our engineering team also looks at to ensure that the water discharge is not greater than what it is today. 00:42:22.440 --> 00:42:36.440 That's part of our code is that any parking above and beyond this maximum that we're seeking needs to be designed in accordance with I-Swim standards, and those are standards that are adopted by the North Texas Cog. 00:42:36.440 --> 00:42:53.440 And they help sort of address some of those overall drainage concerns, so it could be things like permeable pavement or other mitigation measures, and the applicant can also speak to some of their design standards as it relates to that. 00:42:53.440 --> 00:43:07.440 But I just wanted to kind of clarify some of those drainage questions and how that's looked at from stack, both at this level, but also at the next level, which is the civil engineering plans, where all that information will be checked. 00:43:07.440 --> 00:43:10.440 Thank you. 00:43:10.440 --> 00:43:27.440 Yeah, I forgot to ask this, I meant that earlier. It's been a while. I think a former board member asked this, but I don't remember the answer. 00:43:27.440 --> 00:43:38.440 I guess, how, when the decision for maximum parking, what was sort of the reason for the number chosen, and how long ago was that? 00:43:38.440 --> 00:43:41.440 Generally in the code? 00:43:41.440 --> 00:43:46.440 Yeah, like for like the gas station parking. 00:43:46.440 --> 00:43:53.440 Sorry if it's very specific and in the weeds not question, I'm just... 00:43:53.440 --> 00:44:03.440 So, the ratio of one space for drainage square feet in the building, generally aligns with what's required for general detail. 00:44:03.440 --> 00:44:08.440 Okay. 00:44:08.440 --> 00:44:16.440 So, it's general retail and not, okay. Yeah, got it. 00:44:16.440 --> 00:44:18.440 I have to do another question myself. 00:44:18.440 --> 00:44:41.440 I guess the parking demand, when that's measured, does that account, and this might be a separate metric, I could be wrong on that, does that account for, I guess, the impact of local traffic around, like, I guess, around the gas station, or is that a completely, like, does that account when that spectrum and forward parking demand, is that accounted in that, or is that like a completely separate metric? 00:44:41.440 --> 00:45:07.440 So, local traffic probably plays the biggest role in a separate study called traffic impact analysis, which assesses things like, do you need turn lanes, do you need, like, a stop light or something that you're by, and there's applications like that, and so it factors in, okay, what's going to be the impact on the local traffic there. 00:45:07.440 --> 00:45:16.440 And that was done as part of this development, and those considerations were worked into the site plan, but that's been part of the presentation. 00:45:16.440 --> 00:45:19.440 Okay, excellent. Thank you. 00:45:19.440 --> 00:45:30.440 And, sorry, this is just, how is the minimum 16 determined to be the minimum number required for the variance? 00:45:30.440 --> 00:45:51.440 Yeah, so when you apply the ratio to this site, you see that the minimum required of 15, the staff can, there's various ways staff can improve more than that. 00:45:51.440 --> 00:46:04.440 So as, sorry, I'll go back. So 15 is the minimum. The maximum in the code speaks to 125%, which is 19 spaces. 00:46:04.440 --> 00:46:22.440 Now, the director can approve a modification to that map, that maximum up to 150% of the minimum required, with that we would require a parking domain analysis to justify that request. 00:46:22.440 --> 00:46:42.440 But the DDC does put that cap at 150, which would be 23 spaces. They've requested 39, and so that difference is 16. 00:46:42.440 --> 00:46:56.440 So there's a site parking requirements and considerations, and it just tells me that we have one space for 350 square feet of a building. 00:46:56.440 --> 00:47:14.440 Any building in town that is 350 square feet, or is it specifically for a gas station service type building? So this applies to a gas station service type building, not ratio. 00:47:14.440 --> 00:47:35.440 Okay, so are we also taking into account if anybody were to go pump their gas and leave their vehicle there at the pump in order to go into the station, because they didn't want to buy something or use the restroom or that? 00:47:35.440 --> 00:47:52.440 Is any of, you know, is any of the parking space included with the area that the pumps are? Or is this totally different area? 00:47:52.440 --> 00:48:11.440 So the parking space is counted. You don't include, I guess, at the pump as a separate activity going on. So it's just marked stalls. Let's talk about that. 00:48:11.440 --> 00:48:26.440 Okay, so we're talking about that that's the site-specific factors of it being parking spaces around the pumps. 00:48:26.440 --> 00:48:35.440 How long ago? I believe Leah inquired on this, but how long ago were these ratios developed? 00:48:35.440 --> 00:48:48.440 These were part of the 2019 development cut, so that's seven years ago. 00:48:48.440 --> 00:49:05.440 So we're talking about 20. Okay. All righty. I think that exhausts questions for right now, until we have people requesting. Okay. Thank you. 00:49:05.440 --> 00:49:11.440 Are there any other additional questions for city staff? 00:49:11.440 --> 00:49:18.440 Thank you for presenting. 00:49:18.440 --> 00:49:40.440 Will the applicant please present any evidence or arguments to support their request? 00:49:40.440 --> 00:49:45.440 Good afternoon, everyone. 00:49:45.440 --> 00:49:50.440 Congratulations, Chair and Vice Chair. Thank you. 00:49:50.440 --> 00:49:55.440 I'm Torrey Samuels, real estate project manager with QuickTrip. I'm 8700 Freeport Parkway, Irving, Texas. 00:49:55.440 --> 00:50:01.440 I just want to start by thanking you all for your time tonight and for working with us on hopefully improving the variance for parking here. 00:50:01.440 --> 00:50:06.440 So I'll go ahead and get right into it. 00:50:06.440 --> 00:50:11.440 So here's our previous site plan. I know someone asked about what it looked like before. 00:50:11.440 --> 00:50:15.440 So here's our previous site plan. We were asking for 48 total parks. 00:50:15.440 --> 00:50:23.440 So over here, these are the less desirable for the parks that are typically used for employees and same down here. 00:50:23.440 --> 00:50:32.440 These are what we refer to as primary parks all around the building in this pull through row here. 00:50:32.440 --> 00:50:38.440 This is our new site plan. We reduced the employee parks here by three. 00:50:38.440 --> 00:50:46.440 So it went from seven to four. We reduced it from 12 to eight here. 00:50:46.440 --> 00:50:49.440 We lost the park here and an additional one down there. 00:50:49.440 --> 00:50:59.440 And what this does is it causes our employees to have to park in some of the primary parking spaces or where our customers would typically park. 00:50:59.440 --> 00:51:05.440 And it just kind of is a domino effect. 00:51:05.440 --> 00:51:08.440 Go ahead and hop over here. 00:51:08.440 --> 00:51:12.440 This may seem off topic, but we do offer many to order fresh food. 00:51:12.440 --> 00:51:19.440 So we offer subs, extra large pizzas, personal pizzas, grilled cheese, tacos, you name it. 00:51:19.440 --> 00:51:24.440 We have a lot of food and people do stop in to have their lunch, dinner, things like that. 00:51:24.440 --> 00:51:31.440 And some of our newer offers are we have buffalo chicken wings, chicken tenders, mozzarella steaks, you name it. 00:51:31.440 --> 00:51:36.440 We have a lot of fresh food that's really good in my opinion. 00:51:36.440 --> 00:51:43.440 And with that said, that leads to people sitting in their cars longer, which inherently takes up more spaces. 00:51:43.440 --> 00:51:48.440 And I'm not sure how I go back here. Here we go. 00:51:48.440 --> 00:51:55.440 People are sitting in their car eating, take some more of these spaces. So I think like you mentioned, people will start parking at the canopy. 00:51:55.440 --> 00:51:57.440 People start parking at the canopy. 00:51:57.440 --> 00:52:04.440 Well, when new customers come into the site and they want to get gas filled up, that causes them to circle the site looking for looking for parking, 00:52:04.440 --> 00:52:09.440 which makes it less safe for other customers that are trying to enter into the building. 00:52:09.440 --> 00:52:13.440 So it's kind of a domino effect and it affects really every aspect. 00:52:13.440 --> 00:52:18.440 You don't have enough parking. 00:52:18.440 --> 00:52:29.440 Someone had mentioned earlier that west of I-35W and US-380, we do have another quick trip there that I think you guys did see a couple of years ago or maybe last year. 00:52:29.440 --> 00:52:33.440 And you'll prove something very similar. 00:52:33.440 --> 00:52:40.440 So this dates all the way back to 2017, just kind of showing a history of the problem and how it helped to resolve it. 00:52:40.440 --> 00:52:47.440 There's only three parking stalls open here at the front and there are people parking in front of the trash enclosure. 00:52:47.440 --> 00:52:54.440 Typically when people start parking in front of the trash enclosure or in the fire lane, it's because there wasn't parking when they got there. 00:52:54.440 --> 00:52:57.440 So just kind of slide through these. 00:52:57.440 --> 00:52:59.440 Here's another example. 00:52:59.440 --> 00:53:02.440 Very few parking spaces available. 00:53:02.440 --> 00:53:13.440 Same here, 2018, five stalls available, someone's in the fire lane here, here and then someone also in front of the trash enclosure there. 00:53:13.440 --> 00:53:20.440 Similar situation here in 2019, more people in front of the enclosure. 00:53:20.440 --> 00:53:26.440 And you can just see there's years and years of history showing that this is an issue. 00:53:26.440 --> 00:53:36.440 That's kind of why we want to get ahead of this so we don't have to have that problem and operate at a safer capacity from the jump. 00:53:36.440 --> 00:53:39.440 Here we go as well. 00:53:39.440 --> 00:53:43.440 Just a couple of parks available, people in the fire lane. 00:53:43.440 --> 00:53:45.440 And here is the additional parking. 00:53:45.440 --> 00:53:47.440 This is the best area that I could find of it. 00:53:47.440 --> 00:53:53.440 So sorry for the blurriness, but we did add the additional parks here and they're essentially almost all the way filled up. 00:53:53.440 --> 00:53:59.440 That site did start with 27 parking spaces and 14 additional for a total of 41. 00:53:59.440 --> 00:54:01.440 We're asking for 39 here. 00:54:01.440 --> 00:54:09.440 So it will still be less and it should mitigate the safety concern here and help with the flow of the site. 00:54:09.440 --> 00:54:18.440 Here's just a few photos of examples of just how every stall is utilized and during peak hours how that can get. 00:54:18.440 --> 00:54:30.440 For the trash enclosure, fire lane, more of the same here, just cars everywhere, more of the same here. 00:54:30.440 --> 00:54:33.440 And that's all for my presentation. 00:54:33.440 --> 00:54:34.440 I'm here for any questions. 00:54:34.440 --> 00:54:39.440 And we also have our civil engineer here for any super technical questions. 00:54:39.440 --> 00:54:46.440 Yeah, I hope that's your whole request to agree to this. 00:54:46.440 --> 00:54:51.440 Yes, my question is how to phrase it. 00:54:51.440 --> 00:55:00.440 I want to know essentially how many handicapped spaces are part of the plan, have to be included in the plan. 00:55:00.440 --> 00:55:10.440 If there's a difference of those that are within the plan and then the additional variance or if having handicapped spaces, 00:55:10.440 --> 00:55:16.440 does that if you have 39 spaces, does that mean you have to have two that are handicapped spaces? 00:55:16.440 --> 00:55:21.440 So there's a Texas standard or I guess a national standard for ADA compliance. 00:55:21.440 --> 00:55:26.440 So up to when you get to 51 parking spaces, you have to install a third one. 00:55:26.440 --> 00:55:30.440 So we have two right now because we're less than the 51 there. 00:55:30.440 --> 00:55:43.440 So there won't be a difference then if it's what is in the plan without the variance or if it is with the variance, you still need two handicapped spaces. 00:55:43.440 --> 00:55:46.440 Correct, we'll still meet the national ADA code. 00:55:46.440 --> 00:56:09.440 Did I understand with your comments up to the left hand side with one of your graphics that you had a prior approval that took it already up to a certain? 00:56:09.440 --> 00:56:11.440 No, so that was a different site. 00:56:11.440 --> 00:56:16.440 I was referencing the site that I was talking about the last year referenced earlier. 00:56:16.440 --> 00:56:21.440 I was just comparing it because it's a similar situation and similar numbers. 00:56:21.440 --> 00:56:41.440 And then as has been asked in regard to the handicapped spots, it's my understanding that there's a certain proportion of spots if you've got 100 spots that there's a certain percentage. 00:56:41.440 --> 00:56:44.440 Do you know that percentage offhand? 00:56:44.440 --> 00:56:46.440 So are you calculating it out? 00:56:46.440 --> 00:56:48.440 Or does anybody here know it? 00:56:48.440 --> 00:56:51.440 Yeah, there's not a technical percentage. 00:56:51.440 --> 00:56:59.440 I believe it's a set number by the ADA, which is for us since we're less than 50 parking spaces, it's two parking spaces. 00:56:59.440 --> 00:57:02.440 So we have two handicapped stalls available. 00:57:02.440 --> 00:57:05.440 Did one of the applicants want to add a comment? 00:57:05.440 --> 00:57:10.440 It's about the ADA spaces. 00:57:10.440 --> 00:57:21.440 Also, I saw that you had the update. Thank you for bringing that up. But how much has the situation improved since that has been added, those parking spots been added? 00:57:21.440 --> 00:57:26.440 Is there still similar issues with people parking where they're not supposed to? 00:57:26.440 --> 00:57:35.440 I actually don't have current data on that. But as you can see in this aerial, the parking here is pretty full with the additional parking spaces. 00:57:35.440 --> 00:57:48.440 So my belief is that it's helping significantly. 00:57:48.440 --> 00:58:05.440 Are you expecting, because I know that Mayhill, I think the Mayhill/Crooked Creek, that's a four-lane road, correct? Or is that a six-lane? 00:58:05.440 --> 00:58:08.440 Mayhill, Cooper Creek, are you looking to help? 00:58:08.440 --> 00:58:16.440 I believe when you're driving, it's four lanes up until you get to the intersection, and I think it goes to two once you get on Cooper Creek. 00:58:16.440 --> 00:58:28.440 Are you expecting a similar level of traffic because you're along 380 as the I-35/380 route? 00:58:28.440 --> 00:58:31.440 Correct, yeah, we're expecting similar. 00:58:31.440 --> 00:58:49.440 I guess could you walk us through the water mitigation that you're doing, like the runoff mitigation that you're doing on the property because of the additional? 00:58:49.440 --> 00:58:58.440 I'll do my best here. I'm a non-engineered point of view. But essentially here is, this is all underground detention, this gray shading here. 00:58:58.440 --> 00:59:15.440 So essentially all the water will be routed through our drains, stored underground, well not stored underground, but it will run through an underground detention system before running into, I'm not sure where we're actually connecting, but I believe it's into the tech stock drainage system. 00:59:15.440 --> 00:59:35.440 You selected or showed where employee corking was going to be. Correct. How many of your total spots are going to be dedicated for employees? 00:59:35.440 --> 00:59:53.440 Typically, well there's roughly, what's that? That's nine there, and typically there's three to five employees on shift, but between shift changes there can be anywhere from eight to ten depending on the time, the demand, and the site. So it really varies. 00:59:53.440 --> 01:00:11.440 Is there any way or reason that I as a customer, if I see a open spot over in what you're usually considering for employees, excuse me, that would restrict me from using that spot or anybody else? 01:00:11.440 --> 01:00:26.440 No, absolutely not. So anyone can park in this spot, but typically that's where our employees park. That way it's a less desirable spot. You wouldn't typically want to park way back here and walk all the way across the parking lot with trucks driving through there, cars driving through there. 01:00:26.440 --> 01:00:50.440 Yeah, typically it's just where our employees park, so they leave the more desirable spots open for customers. I was just wondering if it was, you know, roped off and using that for a shift. But yeah, anybody's going to park any better place closer as has been demonstrated. 01:00:50.440 --> 01:00:58.440 Are there any additional questions for the applicant? 01:00:58.440 --> 01:01:25.440 Seeing none, I think now that the applicant, thank you for presenting Mr. Samuel. Now that the applicant and the city have presented their testimony, evidence, and arguments, is there anyone who wishes to speak regarding this variance? If so, please come forward and state your name and mailing address. You have four minutes to address the board. 01:01:25.440 --> 01:01:47.440 Okay, so seeing none. After hearing all the testimony, evidence, and arguments, and questions and answers, as well as hearing from all those desiring to speak in support and opposition to the variance, I will entertain further questions from the board for any of the parties or the speakers. 01:01:47.440 --> 01:02:05.440 Okay, hearing none, I now close the public hearing. The board will now deliberate and decide on the variance request. Upon the completion of the board's deliberation, the board shall render an unbiased decision based on the record and supported by reasons and finding a fact. 01:02:05.440 --> 01:02:19.440 In considering the variance, this board shall consider the facts and information in the agenda backup, including staff written analysis of the variance, the applicant's narrative, and testimony presented in the public hearing. 01:02:19.440 --> 01:02:40.440 In the board's consideration and evaluation of the requirements of the applicable standards from the Dental Development Code, the board may either grant the variance as presented or with conditions. The board shall not grant a variance to any applicant solely for personal convenience, financial hardship, or other reasons unrelated to the property. 01:02:40.440 --> 01:02:48.440 If the board grants a variance, the variance shall be granted only to the extent that it's reasonably necessary to remedy the hardship. 01:02:48.440 --> 01:03:06.440 It's known that the board may impose conditions relating to the requested variance. If the board grants a variance, the decision shall state that all conditions for a variance were met, specify the degree to which the regulations are being varied, and be signed by the chairperson. 01:03:06.440 --> 01:03:10.440 And the other option is that we can deny the variance. 01:03:10.440 --> 01:03:24.440 If the variance is denied, the decision shall state the conditions for the variance which were not met. All decisions of the board granting or refusing a variance shall be reduced to writing and signed by the chairperson. 01:03:24.440 --> 01:03:52.440 So now, let's go ahead and focus on deliberation. Are we very nice? This is more of a question of wording for if we do approval. So, like earlier it was said, so if we do approval of this, would we put, if we so chose, like specifications that it would be the design that was presented to us, or is that just sort of automatic? 01:03:52.440 --> 01:04:01.440 If you, if you're not making any changes, I think you can say as presented. Okay. 01:04:01.440 --> 01:04:10.440 Or as presented by staff. So, I just wanted to make sure, sorry, I just wanted to make, for my own. 01:04:10.440 --> 01:04:18.440 Yeah, if you're going to make a change in your motion, make sure you make that clear, but otherwise. 01:04:18.440 --> 01:04:36.440 And I'm sorry, the recommendation from staff was that if we so desire to yes, approve that we might consider approving it with the condition of a stormwater discharge mitigation being added. Yeah. 01:04:36.440 --> 01:04:56.440 In any, so we have the choice of approval as presented approval as presented with the addition of that language or denial for these reasons. Thank you. Thank you. Yeah, I think that's the. Yeah, that's what I was trying to get. That's what. Thank you. That was what my brain was going to. 01:04:56.440 --> 01:05:16.440 I think yes. Thank you. Yeah. Okay. I did have another question. If we were to go into deny, I guess, deny the variance. I know say staff agreed to, I guess, or at least they were willing to go up to 23 spaces as opposed to 39. 01:05:16.440 --> 01:05:31.440 Would that mean if we were to deny it, it would go just to the 23 and not the original 19. Well, if they already got approval for the 23, then I would guess that they can still do the 23. Okay. Yeah. 01:05:31.440 --> 01:05:51.440 Okay. All right. Anybody else have anything to say first? I mean, I don't see this any different than the approval we did for the current, like, the location we did, like, last year or, like, two years ago. 01:05:51.440 --> 01:06:14.440 I think you like the QT off of I-35 and University, and especially if you add the stipulation of the stormwater mitigation, especially with what's going to be around it, what's currently around it, and the location that is like, I see no difference. 01:06:14.440 --> 01:06:26.440 So we need a motion. It looks like it. Would anyone like to motion to approve the variance with the stipulation that a storm drainage system would be added? 01:06:26.440 --> 01:06:45.440 I make the motion that we approve the variance with the stipulation that stormwater mitigation is included. Or required. Required. Would anyone like to second that motion? I'll second that. 01:06:45.440 --> 01:07:01.440 Okay. So, all right. It looks like, so there's a motion here. So having received a motion and a second, is there any further discussion on the variance before we vote? 01:07:01.440 --> 01:07:12.440 Okay. Seeing none. Out of the board. Oh, hang on a second. I think we just lost over this, I believe. I'm going to skip a couple things. 01:07:12.440 --> 01:07:30.440 I think really just let you would announce kind of what it is they're voting on. I mean, I think it's probably clear to everyone, but just for the record that what the motion was with the condition that it's required was the motion and that it was seconded. 01:07:30.440 --> 01:07:52.440 Okay. And then, and then take the vote. Is there any way to put the phraseology up so that everybody knows for sure what that is? Yeah. Yeah, that was the thing. Yeah. Yeah. Yeah. Yeah. 01:07:52.440 --> 01:08:03.440 It was like the motion that it meets the requirements in a while. 01:08:03.440 --> 01:08:26.440 Yeah. Thank you, Kay. If we did this monthly, I think we'd be able to do that question, but go back to the one that you were at. 01:08:26.440 --> 01:08:40.440 Yes, that's the one. Yeah. Okay. 01:08:40.440 --> 01:08:42.440 Okay. 01:08:42.440 --> 01:08:56.440 Okay. So then the motion would entail the words that requested variance is granted with the condition as recommended by the staff. 01:08:56.440 --> 01:09:13.440 Yes. I think it was more clear the way that it has been made and seconded than that actually. So then it would go to the second page, which is what the actual variance was. 01:09:13.440 --> 01:09:28.440 Yeah. Yeah. Okay. And if you want to add what your reasoning is, I think that was discussed as well. Yeah, I'll add it for the reasoning. 01:09:28.440 --> 01:09:57.440 As it being by like a bit like arterial corridor is not the fault of the owner. We have approved something very similar beforehand, and it doesn't, and none of any other rule is violated to be like no other requirement of 01:09:57.440 --> 01:10:10.440 the DC is violated by the additional variance. It is just the parking maximum itself that we are giving it. 01:10:10.440 --> 01:10:27.440 All right. So you're, even though we found a second, we can make this work. You're amending your, your motion to add that. Yes, to your findings and do you agree? I accept the amendment. Okay. All right. 01:10:27.440 --> 01:10:42.440 Thank you. I think we're there. All right. So all in favor of approving of the variance with the stipulation that a storm drain is required with a storm and water mitigation storm water mitigation system is included. 01:10:42.440 --> 01:10:57.440 Raise your hand and say aye. Aye. Aye. All opposed. Okay. The guys have it. Six zero. Excellent. 01:10:57.440 --> 01:11:13.440 So the variance is approved with conditions. 01:11:13.440 --> 01:11:17.440 Are there any concluding items before we go? 01:11:17.440 --> 01:11:40.440 Two, this is just for me because I'm going to ask this question every time. Could we get, just to save staff time and for them to be prepared, could we like in the future, like whenever we have a variance hearing have like what the current land use and what future land use and current like development is? 01:11:40.440 --> 01:11:53.440 That's the problem with that. We just need to keep in mind that we're not, we're talking about what the variance is about. The variance, it's not that, but I do think that it sort of matters. Like it's, especially if we have a. 01:11:53.440 --> 01:12:05.440 No, we need to understand the site and the. Yeah, I know. I know. I know it specifically, but it's just. Staff liaison? Well, just so I clarify. So you want the surrounding land uses so we can feature land use? 01:12:05.440 --> 01:12:27.440 Yeah, just so like what we know what the area is going to, like it's sort of like not to bring harp on this poor person, but like if somebody, like if it was going to be say the future, like say like one use is going to, it's on the way in and like one use is on the way out, you know that sort of thing. 01:12:27.440 --> 01:12:38.440 Also, is there a way that we can pass a recommendation to I think it'd be DCRC about looking at 01:12:38.440 --> 01:13:04.440 looking at like, because this is the second such case that we've had like with a gas station on an R2 like to arterial in like high heavy traffic roads, like looking at the parking parking maximums not necessarily like. So what I can tell you is that the most effective way to do that is going to be to talk to your council member. 01:13:04.440 --> 01:13:15.440 Okay, that's a member, but I can also tell you that a citywide parking study has been in progress for a while and that DCRC is talking a bit to do this. 01:13:15.440 --> 01:13:27.440 Yeah, it's not so much I like I love parking spots is I just want the parking maximum to look at all more factors involved rather than just the state like the square footage. 01:13:27.440 --> 01:13:38.440 Sure, sure, and it's definitely on DCRC's radar. Okay, that's. 01:13:38.440 --> 01:13:42.440 If you were to do that. 01:13:42.440 --> 01:13:58.440 Does that entail taking things in regard to parking to the planning and zoning, or does that just fall under a separate aspect of being just the DDC. 01:13:58.440 --> 01:14:13.440 The DCR sees the development code review committee it's made up of three members of City Council, and three members of planning and zoning and what they do is they talk with staff, I don't need to be answering this Julie you've got this. 01:14:13.440 --> 01:14:31.440 They provide guidance and policy decisions so things like parking standards would be something that DCRC might give staff direction on, but yes if there were any changes to our parking standards, it would require a text amendment to the development 01:14:31.440 --> 01:14:47.440 code going to the planning and zoning Commission ultimately approved by Council or denied. 01:14:47.440 --> 01:15:02.440 I don't know this much. So like, I'm guessing like we as a board can't give a recommendation to another board. 01:15:02.440 --> 01:15:22.440 Okay, that's okay that's what it is. Yeah, it's just that we see things it's just like hey, we didn't see the area seeing something here multiple times grants, it's too, so it's not yet a trend, but it's, you know, 01:15:22.440 --> 01:15:33.440 it's, maybe it's just mainly because I'm in the chair position. So since we do have an additional item that was added last minute is there something is that something we have to vote on to, I guess. 01:15:33.440 --> 01:15:46.440 What is which, or I guess regarding I mean, that's just a request that staff considers to maybe bring back and discuss further but yeah no action on anything that gets added later. 01:15:46.440 --> 01:15:57.440 No question. Okay. Are there any additional items to present to the board before we conclude today's meeting. 01:15:57.440 --> 01:16:19.440 Okay, hearing no items, I adjourn the meeting at 712. Yeah.