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All right. Welcome, everyone, to the December 21st, not quite Christmas meeting of the city of

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Davenport, zoning board adjustment. The zoning board adjustment holds, while the curings to consider

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the strict application of zoning ordinance for our hearts, appearances, special uses and appeals.

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I'm Dean Darlin, chairman of the Davenport, zoning board of adjustment. Members present today are

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from your left to right, my Galliard,

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Brigitte Boyd Carlson, myself, and Jeff Blumker.

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Staff present today are our Berkeley and Scott Cope's,

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and potentially maybe Mallory,

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Big Beard, attorney, maybe poppin' in.

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If you have a mobile device, please turn off

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as it may interfere with the room's electronics.

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As we conduct our business,

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we expect that everyone here will conduct themselves

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and respectful courteous and civil manner.

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And we'll speak only after being recognized by the chair.

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The only exception to this standard is that staff is expected

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to interject when necessary to ensure

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we are property conducting our business.

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If I want to wish us to speak on particular agenda,

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I would immediately provide an opportunity to do so.

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When recognized by me, please step to the podium,

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introduce yourself and provide your input.

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I'll pause here in my notes for a second,

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say the podium area is important because the microphone

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directly above it, so that's where you have to speak or won't get picked up. By practice, each person

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is only permitted, one opportunity to speak, exception to that practice is that my discretion.

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Of course, if board member asks a question of anyone, you'll be permitted to speak to answer

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that question, but I'll ask if you keep response a limit to the specific question.

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Okay, any corrections to the minute from our last meeting?

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If none,

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If none might have a motion to approve.

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Motion to approve.

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Second.

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Second.

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Okay.

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All in favor.

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Aye.

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Opposed.

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Motion passes.

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First order of business.

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Is request.

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S U 2 3 dash is 0 2.

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A 53 luxury LLC at 2021.

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in 1911, 2131, East 53rd, Street in Devinport to operate vehicle dealership with outdoor

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storage and display table 17.08-1, requires especially use for vehicle dealership with outdoor

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storage of display on property zone C3, General Commercial District, and this is in

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So we can start off with the staff report, please.

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Scott Coats, DNS.

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This request is here before us because the zoning code is deemed that the outdoor storage areas of vehicle displays should have extra review.

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This property, as a background information, was resumed from C1,

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two C3 district in November of 23, which allows us to have the special use permit today.

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This map shows the location of where the proposed site plans going to be for the new car dealership.

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The area that resumed is a little bit larger, it included the area down here.

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This is just an area photo of it.

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The previous slide was the zoning map.

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And as you are probably aware, there are two other auto-dealer buildings adjacent to the west.

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This is the proposed site plan.

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On the far left is the existing auto-dealer.

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Three buildings here for dealerships and support building in back with admin and car wash.

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The green here at the bottom is approximately 80 feet.

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It's built in as a buffer.

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It's equivalent to the buffer that is adjacent to the west.

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When I get into my conditions and recommendation, I will talk to you about this issue here.

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Staff is recommending that the types of islands that are existing to the west would

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carried over to the islands for the new dealerships, and there's five spots where we've

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been like additional islands.

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We did our notification procedures, 54.

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For notices were sent, we have not received any written or email or voice communications regarding

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this topic.

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Our findings,

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the petitioners proposed location and design meet special use requirements.

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The use is compatible with adjacent land uses and types of development, and the proposed special use in accordance

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is in accordance with a special use criteria as condition.

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Recommendation.

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Staff recommends the board adopt staff's findings and approve SU23-02 subject to the following six conditions.

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Number one, the extent of exhibit A site plan as email to planning staff on November 29, 2023 shall be binding.

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No dealer uses shall be allowed outside the designated area.

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The use of additional land to the south and east or any land not shown on the proposed

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concept plan shall be prohibited without a modification to the special use as per our

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normal code requirements in section 171450.

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Condition number two prior to occupancy parking landscape islands shall be consistent with

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1777 East 53rd Street.

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That was the exhibit that I showed earlier with the five landscape islands.

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to be in the staff report.

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Condition number three, prior to occupancy,

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and approved full-site plan,

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review shall be completed and approved

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through the City of Devon Hortz E. Plan review.

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Item number five, all conditions to the Devon Hortz rezoning.

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No one on the floor, my sorry, thank you.

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The use of flags, penance, pencils, balloons,

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and other similar attention getting devices,

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shall be prohibited.

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That's number four.

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Number five, all conditions of deventport rezoning,

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R AZ-23-03, City Council ordinance,

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2023-436, labeled Exhibit Senior Packet,

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shall remain in full force and impact including

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but not limited to the location of the car wash

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at least 125 feet from residential zoning districts,

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stipulated buffery yards along the north property line

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of the stone gate development.

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prohibition of billboards and the implementation of dark sky compliant light fixtures.

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Finally, condition number six

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should complains arise due to not compliance of these conditions

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and where if staff is aware of infractions to these conditions and or any other code violations

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or if an ownership or management company is changed by more than 50% are rehearing

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of the special use shall be scheduled for the

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Dev Important Municipal Code Specifications for Zony Board of

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Adjustment Special Use hearings, at which

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the special use may be modified, re-approved or revoked.

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These conclude Dev report, planning staff,

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recommended conditions to the approval,

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and our staff report.

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Thanks, Scott.

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Any questions of board members or staff?

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Well,

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I'll start.

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The zoning change in November of this year,

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prior to that, it was C1.

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There was a part of it that was residential multifamily as well.

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The portion that is going to be used for this site plan was

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totally zoned C1.

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The property to the south that little weird triangle area,

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that's where the multiple family was located.

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Okay, do the other two properties without pump the addresses.

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I'll say where the Mercedes and then over where the toilet is.

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There's a ship board that are both now C3 where they see one prior as well

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where they already see three.

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They were zoned under a different code, okay.

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So they are currently C3, I'm trying to get to one, when this land was purchased, what

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everything was if they may have planned for in their mind.

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So that's the genesis of those questions.

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We is in the first recommendation,

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so the length of the south and south east that we

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can

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pull the zoning map with the red and the yellow square.

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Okay, that works too.

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So the area to the south and south east, is that property also owned by the same people?

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It is, and actually, from what we have seen from some of the civil site plan work, it's going to be expanded detention area.

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So. So the yellow rectangle here shows exactly where the site plan is going to be impacting.

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The only thing that's ancillary is that drainage, but none of the actual physical uses will be outside of that rectangle.

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So there are areas being used for water retention.

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All right, getting there.

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The third, your third recommendation says prior to occupancy, an approved full site plan refute should be completed.

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I mean, the plan we need to be approved prior to construction or just prior to occupancy.

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Pardon?

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So the way we wrote that is reinforcing that this is the only approval process that this needs.

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So it will need full site plan, civil review, and approval from other departments in the city.

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Okay.

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Is that the way you want to keep it ordered?

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It's up to you.

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I just want to just want to make sure it says what we mean it to say if you want to simplify it, we can walk through and then think that it

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Then the only other question I had was on the in the six bullet ownership management change

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More than 50% so is it more than 50% or 50% or 50% or more so is it 51%

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Okay, so 50% okay more than 50 got it those are my only questions. I do have a question

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Scott, if you could go to the site plan again,

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you may have mentioned this,

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but the existing dealership that's there now,

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is that that buffer's 80 feet now,

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as proposed to the, okay, so it's the same.

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Yeah, the existing built buffer is 80 feet, okay.

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And that's approximate what the other one is as well.

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So where it ends to the east,

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how does that relate to the property?

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So the bus ends, right about there, okay, where that existing retention is, okay.

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I'm sorry, I couldn't hear.

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I think because I'm saying it's probably more discussion, and so at this point just you did have

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a question for staff.

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Okay.

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Question for names, no.

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Okay.

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The answer is no.

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Okay.

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Fair enough.

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So if I can have the applicant or who are speaking on behalf of the applicant,

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stuff to the podium please.

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You can introduce yourself and then make your request.

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Yeah, my name is John Hoffmar, and with the Aronson Law Group and I represent the applicant,

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we also have the civil engineer that's working on this with us here today as well as a

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representative from the dealership. We have been going through a lot of processes as you can see

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the zoning was changed in November, and so we've kind of moved through this, and I'm not sure what

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You do know or don't know or do have or don't have other than this, so I would be happy to answer any questions or if you'd like an overview of the site plan, a little bit more from the Civil Engineer, we can do that as well.

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I think an overview would be good and or you can also, I guess, dubbed off of anything from the staff report, but I would say don't don't rely on what you think we may or may not know this, this needs to stand on its own.

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Can you go back? Can you change your's back to the general site plan?

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Sorry,

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you want to go to the site plan?

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Yeah, that one, thank you.

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So the intent here is to continue across, there's already two dealerships in the area, and to continue across those dealership developments to this space along the north.

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Additionally, as they discussed, the entire southern part, although it got re-zoned because it's one parcel of real estate.

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and that's kind of how the zoning we were told was going to work with it is being used for retention

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basin and there's no plan at this point.

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I would just add that the landscape buffer, we actually took it all the way out past all of those properties. So, it's not, it doesn't end at that retention rate.

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That goes out to the end of where the corner is and where our base and will then start going back there.

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Properline drops out.

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Yeah.

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It actually goes to that.

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You can see that line that comes straight up there.

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It goes to that line.

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And then the plan here is that we'll have Alexis will build Alexis dealership in line with what the manufacturer requires.

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similar to if you've ever driven past their the quality and type of dealership that you're seeing there right now with the Audi and BMW Mercedes.

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Then we'd have a Kia dealership in the blue next to it and the purple would be a Hyundai dealership.

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Now, one thing that we have to keep in mind when we're doing designs on sites like this is that the national manufacturers have a lot of requirements that they impose upon us on what we are and are not going to do.

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We have some leeway with that, but a lot of times we are pretty restricted in parking and access to the facility.

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And so our site plan here is very intentionally designed so that we have the right number of spaces within the right proximity to each of these dealerships so that they can function.

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In line with the requirements that we're going to be hit with from the national manufacturers in order to actually move forward with this.

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We are very excited about moving forward and getting these new dealership buildings put up here so that we can move

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Move our operations over and get kind of a dealer row started here and

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That's kind of that's all I have right now. I'll ask Eric to come up for a second to speak about the water run-off and how we address it unless you have more questions for your question for you

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Yeah, we'll see if there's any questions for you before we switch off to Eric

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Do any of the six recommendations from the city propose any concern to you?

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The only concern that we have is we've tried to work really closely with the city on the

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design as we've been working through this and the only concern is the wording involving ownership

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change.

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The reason being is that from our perspective if it continues to be operated as a Lexus dealership

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For example, or a Kia or a Hyundai dealership moving forward, it could be very detrimental

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to us to have something that says that that's not allowed if it were to be sold to a

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different operator.

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Just as an example,

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who has to abide by all the same rules and regulations and operational

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stuff that we do, but we're not, we're trying to be as helpful and work work with the

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big a big problem with that. That's the only thing that's concerning. Otherwise we've, we've

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even braced the landscape buffer as you can see and all of the other regulations and worked

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with the city to put those into place, including by increasing the number of trees that we're

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doing on landscaping buffer as well as trying to do as much as we can to minimize the impact

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of our site against any of the neighbors. Okay.

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Thanks for that. So Laura, can I ask, is the,

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the municipal code as far as if ownership changes that there has to be.

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No, it's not a municipal code.

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It's been suggested through legal to help special uses certain.

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And it doesn't necessarily mean you have to stick with it.

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Generally certain specific uses, not necessarily dealerships, but more related to other ones in the code.

233
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Having an ownership change definitely changes how things are operated.

234
00:19:14,060 --> 00:19:23,940
And that's why a re-review is nice, and it would be at your discretion if you choose to strike the ownership pieces that that would be up to you.

235
00:19:24,700 --> 00:19:33,820
And just to note, it doesn't state that it wouldn't be allowed. It just states that they would have to go through the same special use process that this current owner is going through.

236
00:19:34,540 --> 00:19:40,360
That's what I was asking is like who owns that special use permit once it's granted.

237
00:19:41,300 --> 00:19:48,320
So generally in state law, especially uses generally run with the land.

238
00:19:50,380 --> 00:19:57,200
And that's why legal has suggested we incorporate a condition related to change about ownership.

239
00:19:58,080 --> 00:19:59,340
But it would be your discretion.

240
00:20:00,000 --> 00:20:04,020
And maybe more proper of a certain, especially, you says, than other ones.

241
00:20:05,400 --> 00:20:11,780
So let me understand that in the way it's the way it's set up right now. It would not go with the land,

242
00:20:11,980 --> 00:20:16,040
that the special use permit would not go with the land. There's language in there right now,

243
00:20:16,100 --> 00:20:19,860
and needs to be amended in order to allow it to, to know. It's okay.

244
00:20:20,360 --> 00:20:24,880
It's okay. All we're saying in this one is that we would want to re-review it.

245
00:20:24,880 --> 00:20:30,700
doesn't mean that it wouldn't pass, it would just be a kind of a refresh to make sure everybody's

246
00:20:30,700 --> 00:20:35,500
still on the same page. But are you saying we have the option here and now to amend that language

247
00:20:35,500 --> 00:20:41,320
so that it wouldn't have to go through or over view? So it would not, especially used runs with the

248
00:20:41,320 --> 00:20:47,540
land, if there's no conditions. Okay. If you put this condition on, they would have to come back here,

249
00:20:47,680 --> 00:20:53,820
come before you explain how they're operating the business, if there's any changes. Again, as Laura said,

250
00:20:53,820 --> 00:20:55,420
It might not be a car or dealership.

251
00:20:55,600 --> 00:20:59,080
It might be a different business next time they come before or before.

252
00:20:59,300 --> 00:21:00,820
I'm going to take the decisions that I've got you.

253
00:21:02,560 --> 00:21:02,600
All right.

254
00:21:03,700 --> 00:21:04,660
Thank you.

255
00:21:05,040 --> 00:21:06,800
Can I ask you one thing on that?

256
00:21:07,200 --> 00:21:12,680
I think our request would be that it that that be impacted

257
00:21:12,680 --> 00:21:17,580
if the changing use of the facility were away from being a franchise

258
00:21:17,580 --> 00:21:19,640
motor vehicle dealership.

259
00:21:19,680 --> 00:21:23,080
For example, if somebody wanted to change it to a used car dealership

260
00:21:23,080 --> 00:21:27,100
or if we were trying to change what the use was beyond that.

261
00:21:27,600 --> 00:21:32,000
The only reason, and again, we'll cooperate with whatever you guys decide.

262
00:21:32,940 --> 00:21:40,720
But the reason I say that is because these are very, very expensive and specialized buildings to build.

263
00:21:41,920 --> 00:21:54,690
And the impact in difference could be very, very large, depending on whether or not someone has the ability to continue operating.

264
00:21:54,690 --> 00:21:59,830
to Lexus dealership there if it were to just change the operations over ship.

265
00:22:00,210 --> 00:22:02,130
So, thank you.

266
00:22:02,790 --> 00:22:09,050
Just to clarify, Franchise means one of the OMB regulated car brands.

267
00:22:11,050 --> 00:22:11,830
Quick question, sir.

268
00:22:12,050 --> 00:22:16,910
So, that these are these are new franchises, so to speak, you're not moving them from

269
00:22:16,910 --> 00:22:17,630
somewhere else.

270
00:22:17,650 --> 00:22:19,990
These are these are new for this organization.

271
00:22:19,990 --> 00:22:25,350
We are relocating the current operations that are over by welcome way.

272
00:22:25,970 --> 00:22:28,150
So there is a Kia and a Hyundai dealership there.

273
00:22:28,470 --> 00:22:29,770
We do not own those buildings.

274
00:22:29,990 --> 00:22:33,930
We do not have the option to buy those buildings and the owners of those buildings.

275
00:22:34,010 --> 00:22:36,570
We don't know what they will do with them after that.

276
00:22:37,150 --> 00:22:43,510
We are looking to buy these sites, move them here and build new buildings for those franchises

277
00:22:43,510 --> 00:22:47,030
here, including the Lexus and Kia and Hyundai.

278
00:22:47,690 --> 00:22:53,310
you mentioned in Hyundai, the same whole truth for the Lexus, they don't own that property here.

279
00:22:53,690 --> 00:22:55,650
I believe we do own that property.

280
00:22:58,290 --> 00:23:01,090
Sorry, that's owned by the same group, this call.

281
00:23:02,350 --> 00:23:03,010
Understood, okay.

282
00:23:03,730 --> 00:23:04,150
Any other questions?

283
00:23:05,790 --> 00:23:06,330
All right.

284
00:23:12,510 --> 00:23:15,130
The members of the board, Eric can 2727,

285
00:23:15,230 --> 00:23:17,530
South Losner, Boulevard here on behalf of Center Associates.

286
00:23:17,530 --> 00:23:19,270
So we're the Civil Engineer in the project.

287
00:23:19,270 --> 00:23:22,630
We've been working diligently with staff and everyone here.

288
00:23:22,830 --> 00:23:25,290
We are fairly early still in the process, you know,

289
00:23:25,430 --> 00:23:28,470
zoning went through recently, now for the special use permit.

290
00:23:29,550 --> 00:23:31,510
Working with them, we've got an initial grade plan,

291
00:23:31,710 --> 00:23:35,110
some storm management studies into the city, but we understand we have to go to the full

292
00:23:35,110 --> 00:23:37,150
site plan process, you know, following this.

293
00:23:37,690 --> 00:23:42,670
What I mentioned, we'll be back as far as the approvals go before they can start everything out here.

294
00:23:42,910 --> 00:23:44,810
So just to kind of touch on the site,

295
00:23:44,810 --> 00:23:50,070
It's a little challenging. Obviously in this view, everything looks flat. The site is anything

296
00:23:50,070 --> 00:23:54,750
but flat. Everything does fall to the east. If you've ever been 53rd it kind of dips down the hill.

297
00:23:54,930 --> 00:23:59,670
There and there's a big cold or creak right there at the east side. So we've got a lot of great change here to manage.

298
00:23:59,850 --> 00:24:04,350
That's one of the things that's been a bit of a challenge. It's also a blessing to the site as well,

299
00:24:04,610 --> 00:24:10,270
especially for the residents to the south. They sit up about 10 to 12 feet higher than this property.

300
00:24:10,270 --> 00:24:22,690
So, that will provide some natural separation and buffer, and then again, we were also doing the enhanced buffer there on the south property line to continue that same mantra and theme that was done with the regional dealerships.

301
00:24:23,010 --> 00:24:27,510
So, consistency is our word here as well as managing the site.

302
00:24:28,290 --> 00:24:32,890
So, again, married with the grades on the west side, we're married to the grades up on 53rd of that access point.

303
00:24:33,270 --> 00:24:37,790
So, really, kind of those two things set the site grades, everything does fall to the east.

304
00:24:37,790 --> 00:24:42,630
There is an existing basin, which I don't know if you put back to maybe the bigger earlier.

305
00:24:43,230 --> 00:24:46,310
Existing basin, just kind of the very southeast corner that yellow box.

306
00:24:47,490 --> 00:24:48,290
A couple things.

307
00:24:48,570 --> 00:24:51,770
We need to make that bigger for stormwater management, and we also need dirt.

308
00:24:52,470 --> 00:24:55,030
Because of kind of those elevation challenges on the property.

309
00:24:55,490 --> 00:24:59,470
So we're going to be really explaining that basin into that whole parcel that's left over.

310
00:25:00,000 --> 00:25:17,320
Here on the south that they own that will completely be used for storm management for the site. There will never be any ability to expand the dealership or anything. They're just from a physical standpoint. So when they say everything will be contained within the yellow box, that is very true, because we need all that dirt to be able to kind of get all the grades and everything to balance out on the property.

311
00:25:18,100 --> 00:25:20,040
So what amazement will happen there.

312
00:25:20,240 --> 00:25:21,540
We've been working with staff on that.

313
00:25:21,640 --> 00:25:24,740
We've got an initial grade plan and storm order study into the staff.

314
00:25:25,180 --> 00:25:29,160
I'm knowing that's a very important part of this project.

315
00:25:29,260 --> 00:25:32,120
Something that's been very consistent for the beginning.

316
00:25:32,520 --> 00:25:36,300
We've also got information to the core for the Cree, as far as managing some wetlands on

317
00:25:36,300 --> 00:25:36,500
sites.

318
00:25:36,860 --> 00:25:38,460
So we're working all those things early.

319
00:25:38,560 --> 00:25:39,660
We know they take time.

320
00:25:39,720 --> 00:25:40,760
We know they're important.

321
00:25:41,560 --> 00:25:46,760
But obviously before we go full boron, kind of detailing every handicap ramp and parking

322
00:25:46,760 --> 00:25:51,700
We want to make sure that the use is allowed, so obviously that's where we're here tonight.

323
00:25:53,080 --> 00:25:54,360
So happy answer questions, you guys have heard.

324
00:25:54,360 --> 00:25:59,560
Sure, so that entire property will drain basically to the southeast, correct?

325
00:25:59,940 --> 00:26:03,540
It actually kind of goes do east and then it'll go south.

326
00:26:03,620 --> 00:26:07,460
The site will sit up about 20, 15 to 20 feet higher than that creek.

327
00:26:07,840 --> 00:26:11,140
So how does the existing dealership, does that drain to the west?

328
00:26:11,380 --> 00:26:16,140
No, that all drains to the east and it's currently serving the current dealership.

329
00:26:16,140 --> 00:26:18,820
It was, it was size two.

330
00:26:18,820 --> 00:26:20,220
Yeah, this might help another contour.

331
00:26:20,480 --> 00:26:22,420
It will hard to see that, okay.

332
00:26:22,560 --> 00:26:23,600
This all falls this way.

333
00:26:23,800 --> 00:26:26,160
There's some existing water quality basins here.

334
00:26:26,160 --> 00:26:28,820
And then it's all kind of pipe down to this basin today.

335
00:26:29,480 --> 00:26:29,560
Okay.

336
00:26:29,640 --> 00:26:33,140
We're going to be expanding the basin as you can see here.

337
00:26:33,420 --> 00:26:36,360
And then we'll continue all that storm so we're going to get it to the basin as it

338
00:26:36,360 --> 00:26:36,760
is today.

339
00:26:37,700 --> 00:26:40,640
So nothing really different than what was originally planned.

340
00:26:40,760 --> 00:26:44,120
There was a master plan for all of this site was mascrated.

341
00:26:44,120 --> 00:26:48,220
Now that we're getting into the weeds of exactly where the bones are going to sit, everything falls.

342
00:26:49,100 --> 00:26:51,100
That's where we're getting into detailed design elements.

343
00:26:53,520 --> 00:26:56,240
You're the buffer area in the landscaping.

344
00:26:57,320 --> 00:26:59,140
Do you have proposed landscaping there?

345
00:26:59,900 --> 00:27:05,160
Yeah, so all those little circles and squigglys of all represent trees that will go in there.

346
00:27:05,420 --> 00:27:10,300
Again, we took the same plant schedule as far as Evergreen's over stories, ornamentals,

347
00:27:10,300 --> 00:27:18,060
And carry that exact same kind of repetition all the way through there, so and they're fairly grown.

348
00:27:18,460 --> 00:27:23,540
So it's not 10, 15 years for it to be enough of a buffer between the properties.

349
00:27:23,840 --> 00:27:25,660
I mean, that's part of the reason ever Greens are going in.

350
00:27:25,660 --> 00:27:27,900
Those are established day one, right?

351
00:27:28,100 --> 00:27:30,120
Overstory and ornamental tree does take a little bit of time.

352
00:27:30,260 --> 00:27:33,220
They typically get planted like a two inch wrench, and have caliper tree.

353
00:27:33,600 --> 00:27:37,200
They may take several years to kind of stop for surening before they get to their ultimate canopy.

354
00:27:38,200 --> 00:27:41,400
But at Burm's probably 10 feet tall now, isn't it?

355
00:27:42,220 --> 00:27:42,320
Yeah, yeah.

356
00:27:42,320 --> 00:27:45,080
Yeah, if you've been to the site, there was a road that kind of cuts through

357
00:27:45,080 --> 00:27:48,160
you're now, you kind of see it on the area, so you can drive through it.

358
00:27:48,780 --> 00:27:51,020
Um, and yeah, you can see the great change that exists there today.

359
00:27:51,180 --> 00:27:53,280
And then Burm is still staying, right?

360
00:27:53,580 --> 00:27:55,920
Yeah, that's part of their plan to look at that Burm there as well.

361
00:27:56,140 --> 00:27:56,720
Very good.

362
00:27:57,720 --> 00:28:03,540
So for, um, for the people on Stonejade there, so that you're your Burm,

363
00:28:03,540 --> 00:28:08,040
your green area was quickly buffers from the noise and such

364
00:28:08,040 --> 00:28:08,980
there to the north.

365
00:28:09,820 --> 00:28:15,280
Does there anything planned or needed on what would be the east side

366
00:28:15,280 --> 00:28:21,060
of Stone Gate from a static standpoint versus the retention

367
00:28:21,060 --> 00:28:23,920
pond, or is that all going to be very static?

368
00:28:24,280 --> 00:28:27,160
It's all going to be natural grasses and turf area there.

369
00:28:28,040 --> 00:28:29,400
So we're not doing a wet pond.

370
00:28:29,580 --> 00:28:32,420
We are a dry basin, which is exactly the same in that's there

371
00:28:32,420 --> 00:28:37,600
today. So it really shouldn't be any different than what's there today. This will be maintained right now.

372
00:28:37,940 --> 00:28:47,740
It's I've walked it. It's grass. It's about this tall. So they have mode and I think you know periodically throughout the summer, but it'll be it'll be a natural terraria.

373
00:28:50,000 --> 00:28:54,390
All right. Any other questions? Thank you. Thank you very much, appreciate it.

374
00:28:58,710 --> 00:29:02,670
Is there any one of the audience I'd like to speak in favor of the request

375
00:29:08,690 --> 00:29:13,730
that that would you would speak as you would like this to go through

376
00:29:18,850 --> 00:29:19,750
and see none

377
00:29:19,750 --> 00:29:23,590
I will ask the opposite there's any one of the audience or I'd like to speak opposed to the request

378
00:29:23,590 --> 00:29:26,770
So you would not want the project to go through

379
00:29:33,470 --> 00:29:43,810
1800 don't get where the sixth house in from the east we have 20,000 dollars with the landscaping on that 10-foot berm in the back of our property

380
00:29:43,810 --> 00:29:48,290
We have a $5,000 patio on the back of the house.

381
00:29:49,130 --> 00:29:51,190
Our bad news, on the next side of the property,

382
00:29:51,490 --> 00:29:58,530
went from 3, 30, 3, 75, 380 was the last house sold.

383
00:29:59,330 --> 00:29:59,970
Since this is...

384
00:30:00,000 --> 00:30:28,680
This is going in. Discussion of it. A neighbor sold the house last week for 334. Not the direction I wanted to go. So, we're just asking for to, yeah, with a landscaping to be maintained and taking care of to protect us, our value, our property. What you're not seeing up there in that particular picture is the car dealers should the car wash and the detail shopping all that.

385
00:30:28,680 --> 00:30:31,800
That is right on the yellow line.

386
00:30:31,920 --> 00:30:32,060
Right.

387
00:30:33,160 --> 00:30:35,980
No, no, no, no, it's not on the property line.

388
00:30:36,280 --> 00:30:36,500
No, no, no, no, no, no, no, no.

389
00:30:36,500 --> 00:30:38,960
We like just part of it.

390
00:30:39,300 --> 00:30:41,740
It's actually 80 feet from the property line.

391
00:30:42,360 --> 00:30:43,600
80 feet from the property line.

392
00:30:43,720 --> 00:30:46,600
There is nothing on the the other property.

393
00:30:47,000 --> 00:30:48,020
They said car parking.

394
00:30:48,520 --> 00:30:54,080
So there are 80 feet closer to me than the dealerships are anywhere else.

395
00:30:54,460 --> 00:30:55,680
Well, I'm just asking that

396
00:30:55,680 --> 00:31:03,160
that it's noted that we're asking for proper landscaping to maintain landscaping which

397
00:31:03,160 --> 00:31:09,940
sprinkler systems. The other property is touching go as depending on the landscapers and

398
00:31:09,940 --> 00:31:14,620
when they can make a property, we'd like to make sure that that is maintained. And a question

399
00:31:14,620 --> 00:31:24,220
to you all, is there any requirements for walls or anything like that in the city proposals between

400
00:31:24,220 --> 00:31:24,860
the properties?

401
00:31:27,160 --> 00:31:34,360
No, no, no. So staff was around when the first audio dealership went in.

402
00:31:34,380 --> 00:31:40,120
At that time, stone gate persons did not want to fence there. They were not in favor of it.

403
00:31:40,320 --> 00:31:44,420
They opted instead for the 80 foot landscape area as a buffer.

404
00:31:47,320 --> 00:31:48,940
So that was last time.

405
00:31:50,720 --> 00:31:57,360
If that was something that was approved by them, we were looking forward to having landscaping there.

406
00:31:57,640 --> 00:32:10,740
We just think about your backyard, you're going to have a car dealership factor with not the nice cars, but the older cars, the detailed cars, the cars that maintenance are going to be on the back lot there.

407
00:32:11,000 --> 00:32:13,560
That's what we get to see. So that's all I'm addressing.

408
00:32:13,740 --> 00:32:18,120
I'd like to make sure that that's maintained and taken care of.

409
00:32:18,400 --> 00:32:21,640
We have a good relationship with our dealership that's there currently.

410
00:32:22,820 --> 00:32:26,120
We knew this was going to be here when we bought three years ago.

411
00:32:26,680 --> 00:32:31,000
We just didn't know they were going to be putting something that close to the property line.

412
00:32:31,760 --> 00:32:37,280
And so we're just surprised by that, but we're asking that when the proposal of building up,

413
00:32:37,600 --> 00:32:44,040
those buildings on the back, the purple and the beige, they maintain the back side of them as well as they do the front side of it,

414
00:32:44,060 --> 00:32:46,440
so it's attractive from our property.

415
00:32:47,040 --> 00:32:50,160
I do have a 10-foot berm from my patio to the top.

416
00:32:51,140 --> 00:32:54,840
On the other side, it's roughly the same.

417
00:32:55,720 --> 00:32:58,820
The brown building was proposed originally to be a two-story building.

418
00:32:59,320 --> 00:33:02,640
So I would be looking at my back window seeing that.

419
00:33:03,220 --> 00:33:07,180
So now that there's discussion that will not be happy and right away.

420
00:33:07,280 --> 00:33:08,140
This is all proposal.

421
00:33:08,880 --> 00:33:14,600
But I just want to maintain the entire property, the entire building design.

422
00:33:14,840 --> 00:33:16,700
So it's attractive from all sides.

423
00:33:16,700 --> 00:33:23,420
So we don't lose any additional property value, you know, that's why I'm asking and appreciate your time.

424
00:33:23,800 --> 00:33:24,040
Thank you.

425
00:33:24,260 --> 00:33:24,360
Thank you.

426
00:33:24,480 --> 00:33:25,400
I do have a question.

427
00:33:26,260 --> 00:33:34,800
What's your opinion of the existing Berman landscaping at the existing dealership?

428
00:33:35,860 --> 00:33:37,040
In minimal maintained.

429
00:33:38,100 --> 00:33:45,020
They have done addressed a lot of things, but a lot, if you went back there, you'd see a lot of dead treats.

430
00:33:45,660 --> 00:33:54,420
Not a lot, because there's not a lot of trees, but they've had sprinkler problems, they've had to dry whether they've had conditions that they had to address.

431
00:33:54,840 --> 00:34:03,340
Well, we'd like to sprinkle a system that you put in there and maintain, so the grass is green and the trees are alive. Otherwise they don't do us any good.

432
00:34:03,460 --> 00:34:06,780
Don't stop any sound or keep the visual.

433
00:34:06,820 --> 00:34:13,200
We like the lighting system that's been proposed that they put out there, the third sky.

434
00:34:13,200 --> 00:34:15,320
That dark sky is really nice,

435
00:34:16,060 --> 00:34:19,480
yet you're still looking at a bright parking lot.

436
00:34:20,820 --> 00:34:22,800
There's reasons for the three different designs

437
00:34:22,800 --> 00:34:24,040
and the three different buildings.

438
00:34:25,080 --> 00:34:26,240
And we understand all that.

439
00:34:26,380 --> 00:34:28,340
We were hoping to also originally we were told

440
00:34:28,340 --> 00:34:31,520
that the brown building would flip to the east end

441
00:34:31,520 --> 00:34:32,140
to the purple.

442
00:34:32,900 --> 00:34:35,360
That way it wouldn't be in the residential area,

443
00:34:36,220 --> 00:34:39,000
but that's changed because the parking requirements

444
00:34:39,000 --> 00:34:39,880
I'm told.

445
00:34:39,880 --> 00:34:47,400
So that's something that is proposed down the road so maybe when you review their proposed in the future

446
00:34:48,080 --> 00:34:51,010
We can also look maintain that property better

447
00:34:52,060 --> 00:34:54,010
maintain it so it looks nice for us

448
00:34:54,780 --> 00:34:59,300
But they've done a great effort the property is clean they manage their good neighbors

449
00:35:00,000 --> 00:35:15,180
I wish it was a tiled in your shift because of the 125 feet between me and the property. But it's 80. And we have to live with that. We just want, we want to be good neighbors. And we want our neighbors to be happy with us too. That's all right.

450
00:35:16,060 --> 00:35:17,320
Thank you. Any other questions?

451
00:35:17,460 --> 00:35:18,760
Hi, I have a question. Please.

452
00:35:19,520 --> 00:35:29,900
I'm confused. Maybe it's where you said you were located, but you said something to the effect that the berm or the

453
00:35:30,860 --> 00:35:34,320
It was right on the property line of your

454
00:35:35,320 --> 00:35:35,840
The

455
00:35:58,680 --> 00:35:59,200
Okay,

456
00:36:02,540 --> 00:36:06,660
the double this size of the active system.

457
00:36:10,750 --> 00:36:12,450
They continue this all the way down here.

458
00:36:12,470 --> 00:36:14,070
I'd like to see that in a picture.

459
00:36:14,510 --> 00:36:15,850
Didn't that totally say

460
00:36:21,550 --> 00:36:23,430
because we do have the burn.

461
00:36:23,770 --> 00:36:24,450
It's that's nice.

462
00:36:24,630 --> 00:36:26,530
But my house is 10 feet up.

463
00:36:26,690 --> 00:36:27,490
My house.

464
00:36:28,230 --> 00:36:31,310
First for a level is looking at the top of the burn.

465
00:36:31,810 --> 00:36:35,310
Okay, so consequently I will be looking into the parking lot.

466
00:36:35,310 --> 00:36:43,010
like everybody. So is the, um, is the burn, whose property is the Burma on?

467
00:36:44,980 --> 00:36:46,140
There's a dealership.

468
00:36:48,660 --> 00:36:53,380
That's the top of the Burma, but then they'll have trees up on top of that. So, that's what we're

469
00:36:53,380 --> 00:36:54,760
hoping lots of trees stop me next.

470
00:36:55,240 --> 00:37:06,360
Well, I'm also, I'm, I would like to speak, but there's the dealership or whoever owns the property.

471
00:37:08,220 --> 00:37:16,360
Okay, because things won't happen properly, we won't get recorded, so we're done and then you can step up and have your piece.

472
00:37:16,660 --> 00:37:17,140
Any questions?

473
00:37:18,500 --> 00:37:18,700
All right.

474
00:37:18,940 --> 00:37:19,540
Thank you for your time.

475
00:37:19,900 --> 00:37:20,360
Thank you.

476
00:37:21,080 --> 00:37:21,520
All right, sir.

477
00:37:22,460 --> 00:37:24,120
Step step up and reach yourself.

478
00:37:27,110 --> 00:37:28,190
My name is DM Davis.

479
00:37:29,070 --> 00:37:31,350
Also a resident on the North side.

480
00:37:32,050 --> 00:37:36,650
1744, which is actually exactly in the middle.

481
00:37:36,650 --> 00:37:44,530
as far as the circle is concerned, so we're the tenth unit in from either side, basically.

482
00:37:48,380 --> 00:37:54,800
You don't have, obviously, you don't have a drawing whereby it shows this plus the stone gate circle, right?

483
00:37:57,640 --> 00:37:58,640
But I mean, the two together,

484
00:38:00,970 --> 00:38:03,850
so I guess I'm just a little bit confused.

485
00:38:07,460 --> 00:38:09,400
Let's go back. Let's go back to the start.

486
00:38:09,400 --> 00:38:16,900
You talked someone talked about a packet. Is that a packet for you folks not us it was publicly available online

487
00:38:16,900 --> 00:38:21,560
Okay, how would I get that online just through the city of the airport?

488
00:38:22,120 --> 00:38:24,720
Yeah, there's there's an agenda section to the city website

489
00:38:24,720 --> 00:38:30,660
Yeah, good board boards and commissions and you can work your way into it. Okay. All right

490
00:38:30,660 --> 00:38:32,600
So then on the 125 foot

491
00:38:32,600 --> 00:38:37,460
foot mentioned. That's between the dealerships.

492
00:38:42,990 --> 00:38:44,130
What was the question?

493
00:38:44,130 --> 00:38:44,870
I'm sure we're the hunter.

494
00:38:44,950 --> 00:38:48,350
There was something to say about 125 feet.

495
00:38:48,830 --> 00:38:51,090
For the car wash, the car wash.

496
00:38:51,830 --> 00:38:53,490
So, do you want it?

497
00:38:58,600 --> 00:39:00,960
And the car wash of the present is the purple building.

498
00:39:01,860 --> 00:39:01,980
No.

499
00:39:19,810 --> 00:39:21,870
Yep. So, it's completely buffered by a building.

500
00:39:24,110 --> 00:39:28,030
So, my initial point while I'm still sitting was that

501
00:39:29,730 --> 00:39:37,330
The south, the southern line there, or the vegetation is, for like, a better word,

502
00:39:40,090 --> 00:39:40,430
the top

503
00:39:40,430 --> 00:39:48,630
of the bar, basically from the dealer side. The actual property line is further south than that,

504
00:39:48,670 --> 00:39:48,930
correct?

505
00:39:51,900 --> 00:39:59,980
Because some people, like you have said, you've done some work in the back, and is a part of it.

506
00:40:00,000 --> 00:40:03,260
On the south of south.

507
00:40:10,460 --> 00:40:16,380
When you say top, the very top from coming up the hill on the dealerside?

508
00:40:16,700 --> 00:40:23,820
No, no, not in the whole property. So for the dealership, the south edge of that green area.

509
00:40:24,760 --> 00:40:26,560
That's your 80 foot,

510
00:40:29,440 --> 00:40:33,160
so the south edge of that green area is the property line.

511
00:40:33,160 --> 00:40:43,080
For reference point, the northern point of the buildings to the edge of the parking lot is

512
00:40:43,080 --> 00:40:48,820
120 feet. So there's the 80 foot buffer plus there's 20 foot set back of those buildings.

513
00:40:49,660 --> 00:40:55,420
But your property line is correctly as stated, the southern edge of that green buffer

514
00:40:55,420 --> 00:40:57,320
shown on that map right there.

515
00:40:57,320 --> 00:41:05,780
Okay, because we actually, I mean, we'll be out as you pay, you know, a month, let's be the mole.

516
00:41:06,540 --> 00:41:12,500
I'm sorry. I mean, I directly make my comments to most everyone in here, I guess.

517
00:41:13,680 --> 00:41:20,460
But, so we actually mole part of the grass that belongs to the dealer.

518
00:41:22,920 --> 00:41:25,960
I mean, that's the best way to set up and it's fine.

519
00:41:25,960 --> 00:41:32,180
But I wouldn't think that would be the case or at least not be the requirement on what

520
00:41:32,180 --> 00:41:32,720
we're going on.

521
00:41:33,180 --> 00:41:34,540
They're currently going through problem.

522
00:41:34,540 --> 00:41:37,780
There's an ingress there currently on the firm.

523
00:41:38,160 --> 00:41:41,580
I think in general what you're getting into is discussions you need to have the owner

524
00:41:41,580 --> 00:41:46,340
regarding maintenance of the property and ensure that being specific to the special use permit.

525
00:41:47,240 --> 00:41:54,640
But generally, ultimately, the maintenance of a property would be on the property on itself.

526
00:41:54,640 --> 00:41:59,060
There go if you're going on or beyond, that's something you guys can work on amongst yourselves.

527
00:41:59,940 --> 00:42:20,040
Well, I'm certainly all for extending the vegetation to the east, but I mean, I'm not impressed with what is already there that's behind Mercedes and Volkswagen and Audi.

528
00:42:22,860 --> 00:42:27,180
That's why I agree with what you're saying that it needs more maintenance.

529
00:42:28,460 --> 00:42:34,940
I mean, way back when, I mean, we've been there for 13 years, so we've had, you know,

530
00:42:35,040 --> 00:42:43,020
we were adding discussions with currently when they first came in and I think the vegetation

531
00:42:43,020 --> 00:42:47,020
to the east will need improvement, that's just my point,

532
00:42:52,720 --> 00:42:56,300
so what about the road, can we go

533
00:42:56,300 --> 00:43:00,460
to the other picture in the next one, I guess.

534
00:43:05,500 --> 00:43:07,080
Wait a minute, you're right back to that one.

535
00:43:07,620 --> 00:43:10,680
Okay, so the road then comes in now from 53rd

536
00:43:10,680 --> 00:43:14,220
and goes to the existing dealership.

537
00:43:15,060 --> 00:43:18,540
What will happen on the right to the east

538
00:43:19,040 --> 00:43:23,160
or that comes down to it, what would normally be considered a T?

539
00:43:24,040 --> 00:43:27,400
That road kind of goes a few feet to the east.

540
00:43:27,620 --> 00:43:28,820
I can walk over there if that helps.

541
00:43:28,820 --> 00:43:31,100
No, I think I think that's the answer.

542
00:43:31,300 --> 00:43:32,760
So what will happen to that world?

543
00:43:33,000 --> 00:43:36,100
We'll have to do the same thing and just go straight across

544
00:43:36,100 --> 00:43:38,800
or will it come down and connect to the eventually

545
00:43:38,800 --> 00:43:40,740
connect to the properties?

546
00:43:42,480 --> 00:43:43,900
I don't think that the road destiny

547
00:43:43,900 --> 00:43:46,380
where it just looks like it's all incorporated to the parking lot.

548
00:43:46,660 --> 00:43:48,460
I can expand upon that.

549
00:43:48,660 --> 00:43:50,700
So it's a separate action from the rezoning

550
00:43:50,700 --> 00:43:51,900
was a right away vacation.

551
00:43:52,300 --> 00:43:56,000
So Spring Street South the 53rd is no longer a public road.

552
00:43:56,000 --> 00:44:02,560
It has been vacated and the last been conveyed to luxury 53.

553
00:44:04,600 --> 00:44:07,920
So it does not exist as a city road anymore.

554
00:44:08,600 --> 00:44:10,140
The pavement will be maintained.

555
00:44:10,560 --> 00:44:15,220
But as you can see, one of the buildings will be where that key is.

556
00:44:15,320 --> 00:44:17,020
So it is a private drive.

557
00:44:17,020 --> 00:44:34,060
So it will be all, you can circulate amongst all the dealerships, but it won't, and then I suppose they can exit out onto Eastern at the far end, but it serves just the dealerships specifically.

558
00:44:34,060 --> 00:44:45,660
okay so any roadwork in the future would be down to the far south east corner and that's not

559
00:44:45,660 --> 00:44:51,240
our concern at this point. There is no road at all. There will be no road, there will be no road

560
00:44:51,240 --> 00:44:56,830
stuff for them to think that goes through. Should this request be approved tonight? What you're

561
00:44:56,830 --> 00:44:59,970
on there would have to be the same, so they don't have to.

562
00:45:00,000 --> 00:45:08,660
Any roads proposed going south with this development. If they make any changes, they would have to come back to this board to make a change.

563
00:45:09,060 --> 00:45:19,260
So basically what you're looking at is three different buildings and then kind of more administrative and de-hilling building to the south and a parking lot.

564
00:45:19,260 --> 00:45:22,400
I think that's it.

565
00:45:22,420 --> 00:45:22,940
I just heard it.

566
00:45:23,620 --> 00:45:25,020
Just a few clarification.

567
00:45:25,400 --> 00:45:26,140
Thanks for your concern.

568
00:45:26,740 --> 00:45:28,160
Sir quick, quick, quick questions.

569
00:45:29,460 --> 00:45:36,680
When you say that the burn back there needs additional maintenance or are you saying that it needs additional vegetation?

570
00:45:36,800 --> 00:45:37,180
Yes.

571
00:45:38,140 --> 00:45:44,520
So if it's there, it's not a matter of making what's there, you're asking for additional vegetation.

572
00:45:44,760 --> 00:45:45,100
Great.

573
00:45:45,100 --> 00:45:46,260
Thank you.

574
00:45:46,260 --> 00:45:56,260
and that's what we correct. It's not sufficient. There certainly is no whatever the right word is.

575
00:45:58,340 --> 00:46:10,400
Reducing noise. This is not capable. And the vegetation now has been there. Well, I think it's been whatever this time flies three years.

576
00:46:10,400 --> 00:46:19,670
I mean, and it really hasn't grown much, so that's all I'm saying, thank you,

577
00:46:22,820 --> 00:46:23,720
anyone else?

578
00:46:24,400 --> 00:46:24,560
No.

579
00:46:32,010 --> 00:46:34,450
Thanks, John Kelly, and I also live on Stoke.

580
00:46:35,510 --> 00:46:43,570
They were talking about the runoff, and I'm concerned now because all that planned was dirt before

581
00:46:43,570 --> 00:46:49,290
Now it's going to be concrete and is that area where it's going to run off is that going

582
00:46:49,290 --> 00:46:56,130
to be able to hold the water and it's not going to suddenly start washing it into stungate

583
00:46:56,130 --> 00:47:03,530
circle or the other kind of at the end of stungate circle, the high-rise kind of.

584
00:47:04,530 --> 00:47:07,310
Right, that all would happen to the proof through.

585
00:47:07,570 --> 00:47:11,150
Yep, so they're in the very preliminary stages of the civil review.

586
00:47:11,150 --> 00:47:20,870
They're prohibited from pushing stormwater run off onto other properties so they will be retaining up to a hundred-year storm event on their property.

587
00:47:20,890 --> 00:47:23,230
That's why the land

588
00:47:23,230 --> 00:47:30,430
to the south of this property line is expanding their detention area to handle the additional pavement.

589
00:47:31,330 --> 00:47:35,350
So they're basically doubling the size of the detention area.

590
00:47:35,350 --> 00:47:42,670
as part of the storm was the and heavy storm. So it's designed just it's the

591
00:47:42,670 --> 00:47:46,110
hundred year storm is what the calculated requirement is and then it's

592
00:47:46,110 --> 00:47:50,990
released at a two year event rate and that's per code and that's across the

593
00:47:50,990 --> 00:47:54,230
board. I need a development within the city to have a report because there's no

594
00:47:54,230 --> 00:47:58,810
absorption once they put all that contest. All the water is washing down towards

595
00:47:58,810 --> 00:48:04,850
yeah area yeah they're they're doubling the detention area

596
00:48:07,220 --> 00:48:09,380
okay thank you all right thanks

597
00:48:17,320 --> 00:48:26,880
I live at 1800's Stone Gate also and um the Burm if you go back to the picture with the Burm please

598
00:48:28,840 --> 00:48:38,880
that one there um they are absolutely right we the original Burm that was there was 25 feet

599
00:48:39,500 --> 00:48:45,640
last year at the beginning of the summer, they added an additional 25 feet to it.

600
00:48:47,560 --> 00:48:56,420
So now that berm is 50 feet, the original 25 feet are we paid out of our HOA fees for

601
00:48:57,480 --> 00:49:05,520
our Leo's Capers to cut that also. Just because it wasn't getting cut off to

602
00:49:05,520 --> 00:49:09,240
enough or whatever, and it was weeds and everything up there.

603
00:49:10,420 --> 00:49:14,520
So they are land scalpers, cut that 25 feet.

604
00:49:15,140 --> 00:49:17,820
Once they put in this firm with all the land,

605
00:49:18,080 --> 00:49:21,560
once they put in all the landscaping on that burn,

606
00:49:22,500 --> 00:49:26,340
it should cover, if I'm correct, the whole burn,

607
00:49:26,860 --> 00:49:29,060
not just 25 feet of it.

608
00:49:29,340 --> 00:49:31,360
It should cover the whole thing, correct?

609
00:49:31,360 --> 00:49:46,880
So when they put the landscaping there, they will then be maintaining the whole thing and we won't be paying our landscapers any longer to cut that 20, that 25 feet.

610
00:49:47,980 --> 00:49:59,980
If it becomes an issue, I'm sure that we could agree, get an agreement with them to have them have their landscapers that are...

611
00:50:00,000 --> 00:50:09,260
We're already cutting the existing dealership to trim that 25, the whole 50 feet up there as

612
00:50:09,260 --> 00:50:20,200
or not. So I don't think that that's a real issue at this time. And as far as putting

613
00:50:20,200 --> 00:50:27,340
in the landscaping for it, speaking with Mr. Kilmer earlier, he has suggested that there's

614
00:50:27,340 --> 00:50:38,880
possibility that they could, this, the spring coming up, start putting those landscaping

615
00:50:38,880 --> 00:50:45,620
trees and stuff there so that they have an opportunity to grow before they even start

616
00:50:46,220 --> 00:50:54,440
turning the shovel. So I think that that's, I think that they're being more the bearer

617
00:50:54,440 --> 00:51:05,660
they're trying to work with us and, you know, do the sprinkler system maintaining it up there

618
00:51:05,660 --> 00:51:17,620
and putting all the landscaping up there, because our HOA years ago voted, and this was

619
00:51:17,620 --> 00:51:21,860
before we bought our property there, voted not to have a wall there.

620
00:51:21,860 --> 00:51:31,080
that's what we have to work with and so I myself personally would like to have the ever

621
00:51:31,080 --> 00:51:36,860
grains and trees and that up there and by them putting their them there and doing

622
00:51:36,860 --> 00:51:46,960
it possibly to spring that gives on what maybe a two to three year jump start before buildings

623
00:51:50,020 --> 00:52:02,080
So there are things that, you know, the full site plans or anything that would have to be approved before they could start any type of work, but once their plans are approved by the city, then how they step through the plans.

624
00:52:02,560 --> 00:52:10,020
Right. Yeah. I don't want to write a tiny bit of context. The luxury fifty-third does not own this property yet and so they're not.

625
00:52:10,340 --> 00:52:15,280
They haven't been the ones maintaining it, so it will change in terms of how it's being maintained.

626
00:52:17,600 --> 00:52:27,480
And I have also talked to Mr. Kilmer over this past summer because the vegetation back there.

627
00:52:27,940 --> 00:52:29,880
You call it vegetation, I call it weeds.

628
00:52:31,360 --> 00:52:40,740
But that all back there was so high and he within a week he had that cut.

629
00:52:40,740 --> 00:52:51,040
everything where those dealerships are at now, he had that all cut, and there are 25 feet on the top of the burn that they had just added last year.

630
00:52:52,700 --> 00:52:57,100
So they're going above and beyond trying to work with us.

631
00:52:58,180 --> 00:53:09,040
And you know, any time we felt that it needed to be cut, specifically the top of the burn, I text him, and it was cut within days.

632
00:53:09,040 --> 00:53:09,360
Okay.

633
00:53:10,420 --> 00:53:10,660
So.

634
00:53:11,540 --> 00:53:12,140
Well, that's great.

635
00:53:12,380 --> 00:53:13,000
That's obviously you look.

636
00:53:13,080 --> 00:53:17,260
We'd like to see that neighborhood and neighbor thing working, of course, then within

637
00:53:17,260 --> 00:53:22,700
the recommendations, if passed as written, you know, if anything goes outside of what's

638
00:53:22,700 --> 00:53:28,080
approved, then there would be the opportunity to address that here, but clearly neighbor

639
00:53:28,080 --> 00:53:31,360
to neighbors, the best way to do things in the sounds like it's working.

640
00:53:32,880 --> 00:53:33,360
It's.

641
00:53:33,420 --> 00:53:35,140
We're going to be neighbors either way.

642
00:53:35,420 --> 00:53:37,500
We might as well get along, you know.

643
00:53:40,320 --> 00:53:40,880
Absolutely.

644
00:53:42,320 --> 00:53:42,880
All right.

645
00:53:42,920 --> 00:53:43,980
Got that question.

646
00:53:44,540 --> 00:53:45,880
Thank you.

647
00:53:49,450 --> 00:53:50,170
That's all for.

648
00:53:50,750 --> 00:53:54,050
So at this time for the applicant, do you have any final comments?

649
00:54:01,940 --> 00:54:03,220
Just a few here.

650
00:54:03,340 --> 00:54:05,260
I think Laura pointed out one of them.

651
00:54:05,460 --> 00:54:07,400
We don't currently own the property.

652
00:54:07,780 --> 00:54:11,620
And so we haven't been maintaining the berm or that stuff.

653
00:54:11,780 --> 00:54:12,940
So that that'll all change.

654
00:54:13,540 --> 00:54:18,340
There was as we acknowledge, we had the zoning, the zoning board meeting.

655
00:54:18,340 --> 00:54:23,300
we learned that there had been a sprinkler system that failed and a bunch of our trees died,

656
00:54:23,600 --> 00:54:27,340
and so we have to get them replaced. But at that point, it was almost no member.

657
00:54:27,960 --> 00:54:33,360
And it's impossible to plant them. So we are working on getting that all done. We're working

658
00:54:33,360 --> 00:54:40,360
on getting all those trees. Also, as Laura indicated, there's no sheet runoff planned with this

659
00:54:40,360 --> 00:54:44,300
development. In other words, we're not putting in a parking lot that the water runs off the

660
00:54:44,300 --> 00:54:53,920
the parking lot, it's all controlled as Eric discussed. We've also, we are taking a lot of precautions

661
00:54:53,920 --> 00:54:59,740
with the noise as part of the zoning requirements that are already in place with, even

662
00:55:00,000 --> 00:55:08,580
Without the zoning board of adjustment, for example, those back buildings, they don't have doors opening to the back where there's going to be noise coming out of those buildings.

663
00:55:09,580 --> 00:55:16,840
So it's all to the side and to the front in order to try to help protect the noise even more than the 80 foot buffer already will.

664
00:55:17,840 --> 00:55:22,480
And I think that's, that's it unless you have any additional questions for me.

665
00:55:22,480 --> 00:55:30,180
is the the berm and landscaping area behind the existing buildings different than what will be behind the proposed building?

666
00:55:31,820 --> 00:55:37,140
No, but there was about 10 or 15 percent of our trees that died when that's

667
00:55:37,140 --> 00:55:44,200
sprinkler fail and stopped growing. So we we do acknowledge that it takes time to put in trees.

668
00:55:44,720 --> 00:55:50,580
We can't we can't transplant 30 and 40 foot tall trees. We have to bring them in and then then let them grow.

669
00:55:50,580 --> 00:55:53,440
So with that, there will be some delays with those trees.

670
00:55:54,520 --> 00:55:58,920
We are working, we did get a hold of the landscaper.

671
00:55:58,920 --> 00:56:01,440
I think very quickly the Monday after our meeting

672
00:56:01,440 --> 00:56:03,500
when we learned about that and got that all started

673
00:56:03,500 --> 00:56:04,740
and moving forward.

674
00:56:05,700 --> 00:56:06,460
The plan,

675
00:56:10,260 --> 00:56:11,700
I don't know exactly how to describe it,

676
00:56:11,780 --> 00:56:16,200
but I think we put in about twice as much vegetation

677
00:56:16,900 --> 00:56:21,980
as was required under the zoning behind that dealership.

678
00:56:21,980 --> 00:56:27,680
know it still has to grow up and do all that kind of stuff but it is our intent to always be a good neighbor

679
00:56:27,680 --> 00:56:33,660
and to do these things to try to make it to make it look good. We're not in the business of

680
00:56:33,660 --> 00:56:40,620
creating an ice ore or a lot of problems for those around us. All right. Then one thing I want to add

681
00:56:40,620 --> 00:56:48,300
regarding landscaping, you do run the risk if you over plant of things dying as they age due to

682
00:56:48,300 --> 00:56:51,020
of crowding of roots and shade and things like that.

683
00:56:52,520 --> 00:56:59,040
So there's a balance there in the in between the density

684
00:56:59,040 --> 00:57:02,680
that you're looking for in an landscape area.

685
00:57:04,040 --> 00:57:07,300
Well, when the Texas says six to eight foot spacing, they mean that.

686
00:57:07,300 --> 00:57:08,240
All right.

687
00:57:08,880 --> 00:57:14,900
The only thing I would also add is we are looking at the best order

688
00:57:14,900 --> 00:57:21,600
operations building a development like like this is not like going and putting up a house

689
00:57:21,600 --> 00:57:25,850
where you're just putting up the one house and then the house is done and then you move on.

690
00:57:26,800 --> 00:57:32,550
So there will be a stage of operations. We are trying to look into how we can

691
00:57:33,500 --> 00:57:44,580
and when we can do the vegetation, clearly we will have to do grading before we can put in the

692
00:57:44,580 --> 00:57:53,120
When you're going to put up the buildings, you don't want to plan to tree and then drive a bulldozer next to the tree because it'll just die and then you'll have to plan to new tree.

693
00:57:53,800 --> 00:57:58,960
So we are looking at how quickly we can do that and in what order we can get this all done.

694
00:57:59,780 --> 00:57:59,820
Yep.

695
00:58:01,540 --> 00:58:02,600
All right, any other questions?

696
00:58:03,960 --> 00:58:04,640
All right, thank you.

697
00:58:04,900 --> 00:58:05,660
Thank you.

698
00:58:07,840 --> 00:58:09,580
All right, board time for our discussion.

699
00:58:09,580 --> 00:58:10,340
any

700
00:58:15,650 --> 00:58:22,210
point you want to bring up of the planet's self or the staff recommendations?

701
00:58:25,480 --> 00:58:32,020
I had a question for staff, so you feel like the I mean we've heard the concerns about

702
00:58:32,020 --> 00:58:37,320
appropriate green barrier and you feel like that's been properly addressed in the

703
00:58:37,320 --> 00:58:43,960
site plan already. That's question I want to question number two if this form feels like

704
00:58:43,960 --> 00:58:47,780
and it needs some form of augmentation

705
00:58:48,500 --> 00:58:49,760
is that possibility?

706
00:58:50,920 --> 00:58:53,040
Can that be, is that it can be a provider

707
00:58:53,040 --> 00:58:54,420
of the special use program?

708
00:58:54,780 --> 00:58:59,160
The first point is, yes, we feel like the level of landscaping,

709
00:58:59,180 --> 00:59:02,320
especially being that they have an 80-foot buffer

710
00:59:02,320 --> 00:59:05,480
between that and any kind of actual pavement or building,

711
00:59:07,120 --> 00:59:07,720
is sufficient.

712
00:59:08,520 --> 00:59:12,800
Generally, just context, sake, the general buffer requirement

713
00:59:12,800 --> 00:59:22,160
between residential and commercial properties is one linear row of hedges with with a tree at

714
00:59:22,160 --> 00:59:30,860
every 50 feet. So for context sake it is in only 15 feet wide. And only 15 feet wide. Now they

715
00:59:30,860 --> 00:59:36,680
agree to this with the rezoning to do this as part of their conditions. We feel like it is

716
00:59:37,600 --> 00:59:59,640
It is over and beyond what generally would be required and from the fee that we had from stone gate neighbors that were closer to the existing dealership they were fairly happy with that level of landscaping and distance and to try to keep it consistent as well.

717
01:00:00,000 --> 01:00:10,620
But to answer your second question, you could amend conditions who require more. We would just need direction on specificity on what that meant.

718
01:00:11,420 --> 01:00:17,380
I would also like to state that the existing landscape ordinance that we have does require that they be maintained.

719
01:00:18,160 --> 01:00:24,680
So those dead trees that are on the other end, the first development, they are required to be replaced.

720
01:00:24,680 --> 01:00:35,640
And the same would hold true for this area of a tree gets, you know, for some reason that breaks when storm had dies for whatever reason it's required to be replaced.

721
01:00:38,340 --> 01:00:51,000
Okay, so then that's reinforced by, by a recommendation, sex that there's any noncompliance of these conditions or other regulations that can't be worked out neighbor or neighbor than they come to the city and.

722
01:00:51,000 --> 01:00:56,940
generally what would happen is we would try general enforcement before we would

723
01:00:56,940 --> 01:00:59,720
ever try to do any kind of revocation.

724
01:01:00,440 --> 01:01:02,420
Yeah, would be an absolute route last resort.

725
01:01:06,130 --> 01:01:06,830
Okay.

726
01:01:07,970 --> 01:01:09,350
Any other questions or thoughts?

727
01:01:10,150 --> 01:01:15,730
I'd like to comment on conditions that's a little more regarding the 50%

728
01:01:16,450 --> 01:01:17,150
ownership.

729
01:01:17,150 --> 01:01:26,690
But I know it could be kind of honest for the owners, but I think that gives, in my opinion,

730
01:01:26,950 --> 01:01:33,750
gives the city the right to keep an eye on the special uses that is there.

731
01:01:33,830 --> 01:01:42,250
I know we've kind of had that issue before about city trying to keep track of stuff,

732
01:01:42,250 --> 01:01:47,590
If something does change, so that's my opinion for that.

733
01:01:48,550 --> 01:01:50,950
Yeah, I'm good with the more than 50% change,

734
01:01:51,030 --> 01:01:54,170
I'm wondering if it makes sense to add the,

735
01:01:54,170 --> 01:01:58,370
you know, and no longer franchise dealership.

736
01:01:58,490 --> 01:02:01,410
So as long as it maintains the same use.

737
01:02:02,390 --> 01:02:02,790
Sure.

738
01:02:03,290 --> 01:02:05,170
Then the smoke continues to go with it.

739
01:02:05,190 --> 01:02:08,210
And or which one do you set and and?

740
01:02:08,790 --> 01:02:10,270
I would say, or.

741
01:02:12,990 --> 01:02:22,170
Because there would be more than a 15% change if it was a change in franchise, because it would go from a Lexus dealer to some other kind of dealer.

742
01:02:24,270 --> 01:02:27,690
That would be fine if you want to do that. We can help walk you through an amendment.

743
01:02:28,770 --> 01:02:40,110
Generally with franchises, they, I think John kind of alluded to this, there's a lot of oversight with those franchises in many different criteria.

744
01:02:40,110 --> 01:02:45,430
So it's not just our ordinance that they have to follow, and so you get a pretty

745
01:02:46,970 --> 01:02:56,650
well-meantained property. It's when you get out of those franchises, and our code doesn't distinguish between the two nor is it right for it, too?

746
01:02:57,310 --> 01:02:59,850
So that would be something that you could distinguish in

747
01:03:01,210 --> 01:03:07,710
Especially if you can even stay the same franchise just changing ownership. Yes, so right

748
01:03:09,400 --> 01:03:11,480
all right, so or so we

749
01:03:11,800 --> 01:03:16,380
If we amended the line, I don't know we have to make amendment motion,

750
01:03:18,140 --> 01:03:21,340
kind of violation of ownership or management companies

751
01:03:21,340 --> 01:03:26,240
change more than 50 percent or

752
01:03:26,240 --> 01:03:30,180
or is no longer a franchise dealership

753
01:03:30,180 --> 01:03:33,800
that they're re-hearing for special use.

754
01:03:34,560 --> 01:03:37,540
I would say active franchise dealership.

755
01:03:41,140 --> 01:03:43,240
John, do you have any feedback on this?

756
01:03:49,250 --> 01:03:57,390
I think just to make sure what the what what your because the end in the or is is very different right so if it was and it would mean that

757
01:03:58,230 --> 01:03:58,750
if

758
01:03:59,370 --> 01:04:00,830
it was sold

759
01:04:00,830 --> 01:04:04,190
to be continued to operate as a as a

760
01:04:04,190 --> 01:04:05,570
franchise dealership

761
01:04:05,570 --> 01:04:10,550
then it wouldn't meet both parts of the criteria so it would be okay like the hand.

762
01:04:10,630 --> 01:04:15,750
I think I think we we like the we like the and our intent would

763
01:04:15,750 --> 01:04:23,610
I deal, well, I deal would be nothing, but the best I think that makes sense here both for

764
01:04:23,610 --> 01:04:30,010
the city and for us would be that if it continues as long as it continues to be operated

765
01:04:30,010 --> 01:04:37,250
as a franchise motor vehicle dealership, the special use permit, which I understand to be a limited

766
01:04:37,250 --> 01:04:43,990
special use permit to be as a motor vehicle dealership, would continue with that use.

767
01:04:43,990 --> 01:04:50,030
it would not extinguish unless that used stopped.

768
01:04:50,750 --> 01:04:54,010
And that that used does not include, for example,

769
01:04:54,750 --> 01:04:56,990
I think it would make sense to us that that used

770
01:04:56,990 --> 01:04:59,970
does not include being a used car dealers.

771
01:05:00,000 --> 01:05:24,440
For example, or a non-franchised dealership. With that said, if it's the or then it would mean that whether or not 50% ownership in the property changed or it's not being used as a dealership. The special use would cease and you couldn't restart a new specialty, a new motor vehicle dealership at that property. That's kind of how I'm understanding it.

772
01:05:24,440 --> 01:05:25,620
and we'll reapply.

773
01:05:25,700 --> 01:05:26,820
They have to reapply, right?

774
01:05:27,620 --> 01:05:32,560
So those are our thoughts, obviously, we would prefer

775
01:05:32,560 --> 01:05:35,820
that it be allowed to continue to be used

776
01:05:36,440 --> 01:05:39,520
as a motor vehicle dealership that we're building it for,

777
01:05:39,660 --> 01:05:42,740
as a franchise dealership, as long as it's being used,

778
01:05:42,740 --> 01:05:49,100
as that franchise dealership, but we understand if that's not gonna

779
01:05:49,100 --> 01:05:49,680
be allowed.

780
01:05:50,040 --> 01:05:52,880
What we have to try to do is think what's gonna happen

781
01:05:52,880 --> 01:05:58,200
30 years from now for that property, so it's no longer franchise dealership and becomes a

782
01:05:58,960 --> 01:06:02,340
you know, it used to be press-down motors of run-of-vision chemistry right now it's a

783
01:06:02,340 --> 01:06:09,280
card dealership but it's not a franchise. It's not easy on dealership anymore right dating myself, but

784
01:06:09,280 --> 01:06:13,380
so so I think you know what it was a, was it look like in the future so

785
01:06:15,360 --> 01:06:16,120
but I think

786
01:06:17,300 --> 01:06:33,960
So I think the one that the last proposal I think I heard the staff talking about, my interpretation of what that would have meant was that if ownership changed or it stopped being used as a franchise dealership, it could not which would.

787
01:06:33,960 --> 01:06:39,080
Our preference would be if it stops being used as a franchise dealership, it can

788
01:06:39,080 --> 01:06:43,040
especially use permit terminates when it stops being used.

789
01:06:43,820 --> 01:06:50,200
And it's not necessarily tied to ownership of the property itself, like who owns the property.

790
01:06:51,960 --> 01:06:58,800
The reason being, as I said, these are very, very specialized buildings that cost a lot of money to build.

791
01:06:58,800 --> 01:07:04,720
and they lose a considerable amount of value.

792
01:07:06,040 --> 01:07:09,080
The second that they can no longer be used for that,

793
01:07:09,300 --> 01:07:13,120
and that it may not seem like it,

794
01:07:13,360 --> 01:07:18,860
but it's a pretty devastating idea to not be able to keep using your

795
01:07:18,860 --> 01:07:21,400
Lexus dealership as a Lexus dealership,

796
01:07:22,920 --> 01:07:27,860
because for example, 51% of the owners changed.

797
01:07:28,560 --> 01:07:31,820
on the person who's operating in Lexus dealership.

798
01:07:32,820 --> 01:07:36,260
I think he would be reasonable to have the franchise block

799
01:07:37,040 --> 01:07:38,900
because I think that makes a lot of sense.

800
01:07:39,000 --> 01:07:41,560
I do a lot of this with motor vehicle dealerships.

801
01:07:42,340 --> 01:07:44,720
We do a lot of by-sells at my firm.

802
01:07:45,000 --> 01:07:47,940
I've personally been part of over 130 of them.

803
01:07:48,660 --> 01:07:53,560
So we see this a lot and it's very devastating if the property.

804
01:07:54,400 --> 01:08:06,960
If the property has a block on it that requires any transfer in ownership to cease use as a motor vehicle dealership, that's very difficult to try to get past.

805
01:08:07,080 --> 01:08:09,860
It doesn't seem like it would be, but it is.

806
01:08:11,040 --> 01:08:39,000
But there is a, I do agree with the city that there's a material difference between somebody who's operating Alexis or a Hyundai or a Kia dealership, especially under all of the other restrictions that we've already agreed to with the zoning and everything else here and the buffers and everything and the noise ordinances and you can't, there's a lot of stuff that people think of that they don't like about car dealerships that we are already blocked from doing.

807
01:08:39,000 --> 01:08:54,700
We don't generally do them, use of PA systems, all of those type of things, but it will have a, it will have a, it will have a really big, that particular requirement will have a very big effect on us potentially in the future.

808
01:08:54,700 --> 01:08:59,780
So just a quite a point of clarification, it wouldn't be that they would have to cease

809
01:08:59,780 --> 01:09:07,060
to use. It would be that a new ownership would need to become before the board and review

810
01:09:07,060 --> 01:09:11,640
their business plan, basically, or if there were proposed changes for those to be reviewed.

811
01:09:12,860 --> 01:09:18,200
But it could be considered. How do you want to move forward? We'll help you.

812
01:09:19,840 --> 01:09:23,960
So I guess thinking about this a little bit more, you could remove the word revoke.

813
01:09:24,980 --> 01:09:28,520
from the condition so that it just would be reviewed.

814
01:09:32,520 --> 01:09:38,120
If I may ask, is it possible to have a non-public review?

815
01:09:38,760 --> 01:09:41,620
Is that even allowed by the law? I didn't think so.

816
01:09:42,920 --> 01:09:47,900
So just in context of what happens, I'll just give you guys a little bit of context.

817
01:09:48,060 --> 01:09:49,800
When you're selling a motor vehicle dealership,

818
01:09:49,800 --> 01:09:56,000
really a lot of different businesses. It can be incredibly devastating to the business.

819
01:09:57,140 --> 01:09:59,720
If, for example, a sale is to start.

820
01:10:00,000 --> 01:10:07,300
Not finish. Employees may get afraid for their jobs, even though there's no reason to be, even if there's

821
01:10:07,300 --> 01:10:15,240
requirements that they're all being hired. And I have been involved only once in one operation,

822
01:10:17,240 --> 01:10:26,800
where the what could happen in a sale. And then you get left at the altar. And it's it's really really

823
01:10:26,800 --> 01:10:35,900
imaging to the to the seller and it has a it has a very large effect on on what happens and so

824
01:10:36,720 --> 01:10:43,840
it's not the it's not the seeking the permit or the or the ongoing approval because I am

825
01:10:44,420 --> 01:10:48,800
strongly confident that anybody who's going to be operating one of these dealerships will

826
01:10:49,540 --> 01:10:54,920
easily provide the same guarantees that we're providing and the same operations that we're providing

827
01:10:56,420 --> 01:11:04,240
But, but it adds to any sale of the business, a publicity requirement that is substantially

828
01:11:04,240 --> 01:11:10,980
before you can, you would normally ever see publicity in a deal like that, and it just,

829
01:11:11,500 --> 01:11:16,760
it has a, it would have a very far region effect on both the operations and the real estate.

830
01:11:17,560 --> 01:11:21,160
So, I think I, I think I've, I think I've said what I can say on that.

831
01:11:21,260 --> 01:11:22,180
All right.

832
01:11:22,180 --> 01:11:25,080
I appreciate it. I am drafting it the post.

833
01:11:25,960 --> 01:11:27,640
Okay, so, all right, thank you.

834
01:11:27,680 --> 01:11:28,140
Thank you.

835
01:11:29,860 --> 01:11:31,320
To me, staff,

836
01:11:34,520 --> 01:11:36,700
bullets, six needs to be broken into.

837
01:11:36,880 --> 01:11:37,240
Okay.

838
01:11:37,780 --> 01:11:41,980
Right, because it talks about any of the non-compliance of the conditions,

839
01:11:42,160 --> 01:11:43,780
which is our all-one-three-five,

840
01:11:44,060 --> 01:11:49,560
could cause it to be revoked or reproved or revoked, which makes sense.

841
01:11:50,120 --> 01:11:54,300
But then, as far as the change in management or change in,

842
01:11:57,280 --> 01:12:05,380
use to a non-franchised dealership to be, um, okay. I see where you're going. Yes, come back

843
01:12:05,380 --> 01:12:10,020
back in front of the board. Great. So yeah, complaints are that kind of stuff. The

844
01:12:10,020 --> 01:12:16,020
act caused revoke and the change could cause it to be evaluated or represented or

845
01:12:16,020 --> 01:12:18,320
where you want to work that.

846
01:12:19,100 --> 01:12:32,320
So it seems like we're weighing the difference or the juxtaposition of ownership with use.

847
01:12:32,820 --> 01:12:35,420
And the operative word in this whole matter is use.

848
01:12:36,760 --> 01:12:48,900
So I definitely concur that tying it to the franchise license franchise dealership makes a lot of sense.

849
01:12:48,980 --> 01:12:53,460
I'm just playing in my mind whether the ownership issue is really germane here.

850
01:12:54,900 --> 01:12:58,560
I can see where from the city standpoint that's a nice safety net.

851
01:12:58,700 --> 01:13:05,400
I mean, it's definitely, you know, and it's not such a, it's not such an owners thing to have to come back in.

852
01:13:05,400 --> 01:13:10,240
and have the special use permit reviewed, again, I suppose,

853
01:13:11,240 --> 01:13:13,120
with ownership changes significantly.

854
01:13:15,700 --> 01:13:18,300
Is that really kind of what we're dealing with here?

855
01:13:22,390 --> 01:13:24,890
So what I'm thinking would

856
01:13:34,940 --> 01:13:39,380
be a motion to amend conditions six to strike,

857
01:13:40,180 --> 01:13:45,140
quote, or ownership management companies change more than 50%

858
01:13:45,140 --> 01:13:56,240
quote from condition 6 and then to add conditions 7 which is should the ownership no longer

859
01:13:56,240 --> 01:14:03,400
be affiliated with a franchise to deal or ship the special use shall be reviewed by the zoning

860
01:14:03,400 --> 01:14:04,420
board of adjustment.

861
01:14:07,820 --> 01:14:08,340
John,

862
01:14:11,560 --> 01:14:12,900
is that work for you?

863
01:14:13,540 --> 01:14:17,700
So, I take the text at once, I mean, I was thinking through what you just said.

864
01:14:18,000 --> 01:14:24,860
Okay, so the first part is to strike quote, or if ownership or management companies change

865
01:14:24,860 --> 01:14:29,340
more than 50% and quote from that, from condition 6.

866
01:14:31,020 --> 01:14:40,900
And then it would add conditions 7, which shall read, should the ownership no longer be affiliated with a franchise to deal

867
01:14:40,900 --> 01:14:45,820
ship, the special use shall be reviewed by the zoning board of adjustment.

868
01:14:53,600 --> 01:14:55,340
We bring this over to have somebody.

869
01:14:55,560 --> 01:14:56,260
Yeah, yeah.

870
01:14:56,620 --> 01:14:59,220
We can make that motion into, yeah.

871
01:15:00,000 --> 01:15:07,580
So if you have to do a motion to amend the recommendations, first, voting just on that.

872
01:15:14,100 --> 01:15:26,020
First, usually how this would work is you entertain a motion related to the amendment of the conditions you vote on those amendments and then you vote on the full social use.

873
01:15:29,630 --> 01:15:32,750
So you have any motion to, with the amendments in place.

874
01:15:33,770 --> 01:15:39,670
So before we hit that, are there any other discussions on the package as a whole?

875
01:15:40,870 --> 01:15:43,650
I would just want to reiterate what I was battling about earlier.

876
01:15:44,070 --> 01:15:49,730
I think it's just a very well prepped site and it's teed up quite nicely.

877
01:15:50,010 --> 01:15:56,970
As long as the city feels like ingress and egress has been properly addressed and we're now dealing with

878
01:15:56,970 --> 01:16:07,990
the issue of satisfactory above to the residential neighborhood, it seems like it should be pretty

879
01:16:07,990 --> 01:16:12,510
smooth sailing really in a very nice investment for the city.

880
01:16:14,070 --> 01:16:14,550
All right, thank you, Dr.

881
01:16:15,010 --> 01:16:23,910
All right, I'm so before we have a motion to approve, I would ask for a motion to amend the

882
01:16:23,910 --> 01:16:28,690
recommendations, the conditions, the conditions that are being recommended.

883
01:16:30,970 --> 01:16:41,610
I'll make a motion to amend conditions six in stating to strike, quote, or if ownership

884
01:16:41,610 --> 01:16:50,670
or management companies change parentheses more than 50% parentheses, end of quote.

885
01:16:50,670 --> 01:16:59,610
And then add conditioned seven, should the ownership no longer be affiliated with a French

886
01:16:59,610 --> 01:17:05,790
ICB dealership, especially you shall be reviewed by the Zoning Board of Adjustment.

887
01:17:08,800 --> 01:17:09,200
Second.

888
01:17:11,310 --> 01:17:13,830
All right, so there's a roll call or, okay, roll call,

889
01:17:19,140 --> 01:17:19,760
the Blunker.

890
01:17:21,900 --> 01:17:22,400
Gallaire?

891
01:17:24,060 --> 01:17:24,920
Boyd Carlton?

892
01:17:25,340 --> 01:17:25,560
Yes.

893
01:17:26,120 --> 01:17:27,020
And Darlin.

894
01:17:27,320 --> 01:17:27,640
Yes.

895
01:17:29,400 --> 01:17:29,520
All right.

896
01:17:29,520 --> 01:17:31,160
So we've amended the conditions.

897
01:17:32,560 --> 01:17:42,020
So now I'll ask for motion to approve HV23-02 with SU.

898
01:17:43,380 --> 01:17:45,040
That's on our second one this year.

899
01:17:45,240 --> 01:17:46,220
This is 02.

900
01:17:46,600 --> 01:17:50,560
SU23-02 as amended.

901
01:17:54,400 --> 01:18:02,740
Motion to approve, SU-23-02 as amended.

902
01:18:03,180 --> 01:18:06,820
I just would prepare for clarification with staff conditions as amended.

903
01:18:06,920 --> 01:18:07,440
Correct.

904
01:18:08,900 --> 01:18:11,640
Yes, with staff to conditions as amended.

905
01:18:12,200 --> 01:18:13,500
I'll second that motion.

906
01:18:14,900 --> 01:18:15,840
Will call please.

907
01:18:17,690 --> 01:18:19,090
Would call them?

908
01:18:19,690 --> 01:18:19,850
Yes.

909
01:18:20,390 --> 01:18:20,830
Well, sir.

910
01:18:20,930 --> 01:18:21,350
Yes.

911
01:18:21,730 --> 01:18:22,030
Galler?

912
01:18:22,310 --> 01:18:22,570
Yes.

913
01:18:22,570 --> 01:18:30,010
in Darlin. Yes. So the motions of the proof with the conditions.

914
01:18:32,650 --> 01:18:33,950
That is all the

915
01:18:33,950 --> 01:18:39,570
business we have. So at this point I would ask for a motion to adjourn. So I'm

916
01:18:39,570 --> 01:18:44,090
moved. Second on favor. Yes.

917
01:18:47,120 --> 01:18:48,460
Motion to have at Merry Christmas.

918
01:18:52,140 --> 01:18:58,180
And to see the January 11th, don't even worry we're adjusting the canceled no business.

919
01:18:58,780 --> 01:18:58,900
Okay.

920
01:19:01,700 --> 01:19:02,000
Lord, do you want to?