[CALL TO ORDER]
[00:00:06]
THE. TIME IS NOW 6:00. AND I CALL TO ORDER THE PLANNING AND ZONING COMMISSION REGULAR MEETING FOR MARCH 18TH, 2025. FIRST UP IS THE INVOCATION AND PLEDGE. THE INVOCATION WILL BE DONE BY COMMISSIONER GOOCH AND THE PLEDGE OF ALLEGIANCE BY COMMISSIONER BLACK. PLEASE RISE.
HEAVENLY FATHER, WE THANK YOU FOR THIS OPPORTUNITY YOU GIVE US TO SERVE THE CITIZENS OF WYLIE ON THIS COMMISSION. BE WITH US IN THIS MEETING TONIGHT. PLEASE GIVE EACH OF US. THE WISDOM TO EVALUATE AND UNDERSTAND WHAT'S BROUGHT BEFORE US. AND, LORD, I WANT TO THANK YOU FOR THE ASTRONAUTS COMING BACK TONIGHT, REENTERING AND EVERYTHING GOING WELL. JUST BE WITH THEM. GUIDE THEM AND MAY THEY RECOVER FROM THIS TRIP. WE ASK THIS IN JESUS NAME. AMEN. AMEN. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. UP NEXT IS COMMENTS ON NON-AGENDA ITEMS. SO THERE'S SOMETHING NOT ON THE AGENDA THAT ANYBODY IN THE AUDIENCE WOULD LIKE TO COME UP AND SPEAK ON. YOU'RE MORE THAN WELCOME TO. AND SINCE NOBODY'S
[CONSENT AGENDA]
GETTING UP, I'M ASSUMING NOBODY WANTS TO. SO WE'RE GOING TO MOVE ON TO CONSENT AGENDA. THERE'S ONE ITEM ON THE CONSENT AGENDA. COMMISSIONERS, IF YOU'D LIKE THAT PULLED, LET ME KNOW.OTHERWISE I WILL ACCEPT A MOTION OR ENTERTAIN A MOTION. I MOVE, WE ACCEPT THE CONSENT AGENDA AS PRESENTED. I GOT A MOTION. I'LL SECOND. A SECOND. PLEASE VOTE. AND THAT PASSES SEVEN ZERO.
[1. Consider, and act upon, a Site Plan for Lot 1R, Block A of 544 Gateway Addition for the development of a restaurant. Property located at 906 S W FM 544.]
OKAY. UP NEXT IS THE REGULAR AGENDA ITEM ONE. CONSIDER AND ACT UPON A SITE PLAN FOR LOT ONE R BLOCK A OF 544. GATEWAY ADDITION FOR THE DEVELOPMENT OF A RESTAURANT PROPERTY LOCATED AT 906 SOUTHWEST FM 544. MISTER MOLINA. YES. GOOD EVENING. OUR FIRST ITEM ON THE REGULAR AGENDA IS A REQUEST TO DEVELOP A SIT DOWN RESTAURANT AT 906 WEST FM 544. THE RESTAURANT IS A WALK ON SPORTS BISTRO RESTAURANT. THE PROPERTY IS ZONED COMMERCIAL CORRIDOR AND THE BUILDING MEASURES AROUND 5540FT■!S. AND THIS IS THE SITE PLAN THAT THEY'RE PROPOSING. IT DOES HAVE ACCESS TO FM 544 AND TO JOHN YEAGER WAY. AND WITH A FIRE LANE THAT LOOPS AROUND THE BUILDING.WITH THIS DESIGN, THEY ARE REQUESTING FOR THE ALLOWANCE OF PROVIDING THE PARKING CONFIGURATION AS SHOWN. IT TECHNICALLY IS SHORT BY ONE LANDSCAPE ISLAND, SINCE THE ZONING ORDINANCE REQUIRES AN ISLAND AT EVERY 12 SPACES. THEY REQUESTED IT TO BE CONFIGURED THIS WAY SO THAT THEY COULD HAVE THE ISLANDS RIGHT ADJACENT TO THE FIRE LANE, SO THAT THEY CAN HAVE THEIR LIGHT FIXTURES ILLUMINATE THE FIRE LANE AND THE ACCESS THROUGHOUT THE SITE. IN SAYING THAT THEY ARE IN COMPLIANCE WITH THE LANDSCAPING REQUIREMENTS BY PROVIDING OVER 20%. SO STAFF DIDN'T SEE THIS AS AN ISSUE, BUT ULTIMATELY IT'S THE PLANNING ZONING COMMISSION'S CALL ON IF THAT'S OKAY OR NOT. THEY ARE PROVIDING THE TEN FOOT LANDSCAPE BUFFER ALONG FM 544 WITH TREE PLANTINGS, AND THEY HAVE FOR ADA SPACES AS WELL. HERE ARE THE ELEVATIONS OF THE BUILDING AND THEY ARE PROVIDING LIKE ARTICULATION ALONG ALL THE ENTRANCES AND OFFSETS WITH BRICK, CMU STONE AND FIBER CEMENT SIDING. AND THE APPLICANT IS ALSO HERE TO ANSWER ANY QUESTIONS AS WELL. COMMISSIONERS, ANY QUESTIONS? SO THEY MEET THE LANDSCAPING REQUIREMENT. THEY GO OVER IT. THEY DIDN'T WANT ONE SO THEY COULD PROVIDE MORE LIGHTING.
RIGHT. AND THAT'S IF YOU SEE WHERE MY MOUSE IS. THAT'S BECAUSE THIS ROW IS OVER THE 12 SPACES. SO THEY WOULD TECHNICALLY NEED AN ISLAND IN BETWEEN THOSE THAT ROW. BUT THEY DO HAVE GRASS ALONG THE BORDER. RIGHT. SO. SO ARE THOSE TWO END CAPS ARE GOING TO BE LIGHTS
[00:05:07]
THERE ON THAT BACK. YES. THEY ARE RIGHT NEXT TO IT. THERE'S A LIGHT RIGHT HERE. AND THEN ANOTHER LIGHT ACROSS FROM THE 12. THERE'S THESE TWO ROWS OR THOSE LIGHTS TO. YEAH THERE'S LIGHTS THERE. SO I WONDER IF THOSE WILL BE BRIGHT ENOUGH.YEAH. I MEAN. YEAH. I. DON'T SEE AN ISSUE WITH IT. I DON'T KNOW IF Y'ALL DO. KEEP IN MIND THEY'RE NOT REQUIRED TO PROVIDE THE LIGHTING. IT WAS JUST THAT THEIR LIGHTING PLAN WORKED OUT BETTER IF THEY MOVED THAT ISLAND. THE NORTHMOST ISLAND ON THE WEST MOST SIDE, IF THAT MAKES SENSE. THAT'S WHY THEY THEY MOVED IT DOWN. GO UP KEVIN. JUST A LITTLE BIT. YEAH. THAT ONE RIGHT THERE. IT'S JUST THEIR LIGHTING PLAN WORKED BETTER. WITH HAVING THAT, IT EQUALED OUT THE LIGHT LIGHTING ALL THE WAY AROUND THE ENTIRE SITE. AND SO IF I UNDERSTAND IT, ARE ALL THESE THE PARKING SPACES? ALL OF THESE ARE PARKING SPACES THAT ARE ALL AROUND. SO EVEN IN THE ISLAND, YOU GOT ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, TEN, 11, 12, 13, 14 PARKING SPACES. IS THAT RIGHT? YEAH. AND OUR ORDINANCE NORMALLY REQUIRES AN ISLAND EVERY 12 SPACES. SO THEY BASICALLY THEY HAVE TWO EXTRA PARKING SPACES. GOT IT. BUT IT'S JUST BECAUSE OF THE LIGHTING PLAN AND THE WAY THE SITE IS DESIGNED. SO. AND THE WHOLE POINT OF THE ISLAND IS SO YOU DON'T END UP WITH JUST THESE LARGE OPEN CONCRETE PARKING AREAS. AND YOU KNOW, IT'S OUR OPINION AS STAFF THAT THEY MET THE INTENT OF THE ORDINANCE, EVEN IF ON THAT ONE LITTLE SPOT THEY DIDN'T QUITE MEET THE LETTER OF IT. BUT ULTIMATELY IT'S, YOU KNOW, THE COMMISSION'S DECISION. OKAY. IS THERE ANY WORRY BACK THERE IN THE VERY BACK WHERE THAT TREE IS THAT'S GOING TO BE TOO DARK? NO. NO. OKAY. WHAT IS THAT? YEAH. YEAH. THAT'S A TREE. THAT'S A TREE. YEAH. OKAY. YEAH, I SEE THE. ANY OTHER COMMENTS? QUESTIONS? OTHERWISE, SOMEONE WANTS TO MAKE A MOTION. I MOTION TO ACCEPT IT AS IS. I SECOND. WE HAVE A SECOND AND A THIRD AND A MOTION, SO PLEASE VOTE. I LIKE THAT. THAT'S GOOD. OKAY. NOW. WE HAVE TO DO IT AGAIN. YEAH. I'M SORRY. YOU GOT TO REDO IT. I DID IT ON. YOU GOT IT. AND IT PASSES SEVEN ZERO. GOOD LUCK. OKAY, MOVING ON TO ITEM NUMBER TWO. HOLD A PUBLIC HEARING AND CONSIDER AND
[2. Hold a Public Hearing, consider, and act upon, a recommendation to City Council regarding the writing of an ordinance for a change in zoning from Planned Development 2011-29 (PD 2011-29) to Planned Development 2011-29 - Special Use Permit (PD 2011-29-SUP) on 5.80 acres to allow for a Farmer’s Market use. Property located at 711 Woodbridge Parkway (ZC 2025-01).]
ACT UPON A RECOMMENDATION OF CITY COUNCIL REGARDING THE WRITING OF AN ORDINANCE FOR A CHANGE IN ZONING FROM PLANNED DEVELOPMENT. 20 1129 PD 20 1129 TO PLAN DEVELOPMENT 2011 DASH 29 DASH SPECIAL USE PERMIT, PD 2011 DASH NINE DASH SUPP. ON 5.80 ACRES TO ALLOW FOR A FARMER'S MARKET USE PROPERTY LOCATED AT 711 WOODBRIDGE PARKWAY, ZC 2020 5-01. YES. SO OUR SECOND ITEM ON THE AGENDA IS A REQUEST FOR A SPECIAL USE PERMIT. THIS IS FOR A PORTION OF THE SITE LOCATED WHERE THE B&B THEATERS IS. AND THEY'RE WANTING A SPECIAL USE PERMIT TO ALLOW FOR FARMER'S MARKET. AND THIS IS THE GENERAL LAYOUT OF WHAT THEY'RE PROPOSING. SO THEY'RE PLANNING ON HAVING VENDOR BOOTHS AND SOME FOOD TRUCKS WITH ACCESS THROUGH A FIRE LANE THAT LOOPS AROUND THE ENTIRE SITE. AND THEN THESE ARE THE CONDITIONS. AS YOU CAN SEE, I'VE HIGHLIGHTED ONE MINOR CHANGE THAT THEY'RE MAKING. SO AT THE REQUEST OF THE APPLICANT, THEY ARE WANTING TO OPERATE[00:10:04]
TWICE A MONTH. THAT'S A CORRECTION FROM PACKET. IT SAYS ONCE A MONTH. AND THAT'S ON TWICE A MONTH. ON A SATURDAY. THE CONDITIONS DOCUMENT HAS RESTRICTIONS ON WHEN THEY CAN OPERATE AND HOW SOON THEY NEED TO NOTIFY STAFF OF THE EVENTS AS WELL. SO IF YOU READ OVER THAT AND IT GIVES YOU AN UNDERSTANDING OF HOW THE EVENT WOULD OPERATE. IT'S ALSO LIMITED TO THE APPLICANT THEMSELVES. IF THE APPLICANT WERE EVER TO STOP THE FARMER'S MARKET, THEY CAN'T JUST SELL IT TO SOMEONE. IT HAS TO BE THE WILEY'S FARMER'S MARKET NONPROFIT THAT OPERATES THE EVENT AND THE ZONING ORDINANCE ESSENTIALLY ALLOWS FOR THIS USE AS A SPECIAL USE PERMIT, PENDING APPROVAL BY CITY COUNCIL. RIGHT. SO WE DID MAIL NOTICES TO 15 PROPERTY OWNERS AND DIDN'T RECEIVE ANYTHING IN FAVOR OR IN OPPOSITION OF THE REQUEST. AND THAT'S THE MAP.THAT'S IT. THE APPLICANT IS HERE. IF YOU WANTED TO HEAR FROM HER AS WELL. ONE THING I WANT TO ADD TO THAT IS THAT THIS WAS OPERATED LAST YEAR, BECAUSE IF YOU I DON'T KNOW IF ANY OF YOU ALL WENT TO IT OR NOT, BUT YEAH, IT OPERATED LAST YEAR UNDER A TEMPORARY USE PERMIT, WHICH IS ALSO A WAY ALLOWED, BUT IT'S BEEN SUCCESSFUL ENOUGH THAT THAT'S WHY THEY'RE ASKING TO MAKE THIS A PERMANENT, PERMANENT THING. SO ON THE. QUESTION I HAVE FOR STAFF ON THE SUB CONDITIONS, IT TALKS ABOUT SMOKE SHOP PRODUCTS SUCH AS THE FOLLOWING. IS THAT I GUESS.
WHERE IT SAYS SUCH AS THE FOLLOWING. IS IT LIMITED TO THAT OR IS IT. IT'S SAYING THAT THEY CAN'T THEY CAN'T HAVE THOSE SMOKING PRODUCTS. YEAH. NO I UNDERSTAND. I JUST I'M TRYING TO THINK OF SOMEBODY COMING IN AND SAYING, WELL IT DOESN'T SAY EDIBLES. WELL ONE OF THE THINGS WE CAN DO IS. WE CAN TIGHTEN THAT UP A LITTLE BIT IF YOU WANT. YOU KNOW, IF YOU WANT TO ADD EDIBLES, WE CAN ALSO CHANGE THE LANGUAGE WHERE IT CAN SAY. WHAT'S A TYPICAL PHRASE. I'M DRAWING A BLANK RIGHT NOW. BUT, YOU KNOW, INCLUDING BUT NOT LIMITED TO, YOU KNOW. AND THEN THAT WAY WE IT WOULD GIVE US A LITTLE BIT MORE LEEWAY ON THAT IF THAT'S A CONCERN. YEAH, I THINK THAT WOULD BE MINE. JUST INCLUDING AND NOT LIMITED TO. AND THEN EDIBLES. OKAY. KIND OF ALLUDES TO THAT AT THE END OF THE STATEMENT WHERE IT SAYS OTHER SMOKE VAPE OR CBT, CBD TYPE PRODUCTS. YEAH I AGREE. BUT IF WE WANT TO CLARIFY IT YEAH, THAT'S EASY ENOUGH TO DO BEFORE IT GOES TO COUNCIL. I JUST WANT TO KNOW IF THE MOVIE THEATER IS GOING TO ALLOW PEOPLE TO TAKE FRESH FRUIT, FRESH FOOD INTO IT THAT THEY BUY AT THE FARMER'S MARKET. FOR THE RECORD, THE APPLICANT IS SHAKING. SHAKING HER HEAD. NO. THAT'S THE ONE THING THAT PERSON. SO THE FOOD TRUCK VENDORS, ARE THEY LIMITED TO COMPANIES THAT OPERATE IN RALEIGH OR ARE THEY FROM ALL OVER? THEY'RE GOING TO BE FROM WHOEVER. CAN ONE GET THE APPROVAL OF THE OWNER? SHE'S HERE THIS EVENING. AND ALSO, THEY HAVE TO GO THROUGH THE COUNTY AND OUR FIRE DEPARTMENT TO GET LICENSING AND GET INSPECTED. GOT IT. SO IF THEY'RE WILLING TO GO THROUGH THOSE THREE STEPS, THEN I'M ASSUMING THAT THEY'RE GOING TO BE ALLOWED THERE. THAT'S WRITTEN IN THE CONDITIONS THAT THEY HAVE TO HAVE COLLIN COUNTY APPROVAL AND ALL THE FIRE MARSHAL APPROVALS FOR THE FOOD TRUCK VENDORS. AND I'M SURE THAT WHILE THEY'RE OPERATING, THEY'RE GOING TO BE SUBJECT TO FOOD INSPECTORS AS WELL. SO. RIGHT, ANDREW? YEAH. ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF BEFORE I OPEN THE PUBLIC HEARING PORTION? WE'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING PORTION. THIS IS A PUBLIC HEARING. SO IF ANYONE WOULD LIKE TO COME UP AND SPEAK ON THIS ITEM, YOU'RE MORE THAN WELCOME TO. AND SINCE NOBODY IS GETTING UP, I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING PORTION. OKAY. YEAH. THAT WAS MY ONLY CONCERN. THE LANGUAGE. IF I'M SOMEBODY THAT WANTS TO SELL THAT, MAYBE YOU WOULDN'T ALLOW THAT, BUT JUST AS A CONCERN, I WOULD SAY IT DIDN'T SAY THC OR IT DIDN'T SAY EDIBLES. SO THAT WOULD BE MY
[00:15:05]
ONLY COMMENT. ANYBODY ELSE? I THOUGHT YOU WERE ABOUT TO MAKE A. MAKE A MOTION. IF NOBODY ELSE HAS COMMENTS, I'LL ENTERTAIN A MOTION. I MOVE THAT WE APPROVE THE REQUEST WITH THE STIPULATION OF ADDING THE REWORDING THAT WE DISCUSSED HERE TO BE A LITTLE BIT MORE SPECIFIC ABOUT WHAT THOSE THINGS ARE, THAT THEY CAN'T SELL THEIR HAVE A MOTION. DO YOU HAVE A SECOND? I'LL SECOND THE MOTION. SECOND. PLEASE VOTE. THAT PASSES SEVEN ZERO.[3. Hold a Public Hearing, consider and act upon a recommendation to City Council regarding the writing of an Ordinance to amend the City of Wylie Zoning Ordinance, Articles 5.1 Land Use Charts, 5.2 Listed Uses, 7.0 General Development Regulations, as they relate to Smoke Shops.]
CONGRATS. OKAY, MOVING ON TO ITEM NUMBER THREE. HOLD A PUBLIC HEARING. CONSIDER AND ACT UPON A RECOMMENDATION TO CITY COUNCIL REGARDING THE WRITING OF AN ORDINANCE TO AMEND THE CITY OF WILEY'S ZONING ORDINANCE. ARTICLE 5.1 LAND USE CHARTS 5.2 LISTED USES 7.0 GENERAL DEVELOPMENT REGULATIONS AS THEY RELATE TO SMOKE SHOPS. THANK YOU, MR. CHAIRMAN. MEMBERS OF THE COMMISSION. SO I'M KIND OF THROWING THIS AT YOU AT COUNCIL. THIS WAS AT A REQUEST TO COUNCIL. IT POPPED UP DURING ONE OF THE COUNCIL MEETINGS, AND I'VE GONE THROUGH TWO WORK SESSIONS WITH CITY COUNCIL IN ORDER TO GET THE ORDINANCE AMENDMENTS THAT YOU SEE BEFORE YOU THIS EVENING. LONG STORY SHORT, YOU KNOW, WE DID THE AMENDMENTS TO THE ZONING ORDINANCE A WHILE BACK THAT ADDED SMOKE SHOPS AS A USE, WHICH BASICALLY TOOK THE GENERAL RETAIL COMPONENT. AND AS LONG AS THEY STAYED UNDER THE 25% OF FLOOR SPACE, WE'VE HAD SOME ISSUES WITH THAT PARTICULAR DESIGNATION. AND AFTER DOING SOME RESEARCH AND SEEING WHAT OTHER CITIES HAVE DONE, WHAT SOME BEST PRACTICES ARE AND THAT SORT OF THING, THAT WE LANDED ON, THIS PARTICULAR SOLUTION WAS TO BASICALLY ELIMINATE SMOKE SHOPS AS A SEPARATE USE. AND THE IDEA BEING THAT IF YOU'RE A GENERAL RETAIL STORE THAT SELLS ANY KIND OF SMOKE, VAPE, CBD, THC TYPE OF PRODUCT, YOU JUST GOT TO COME TO PNC AND CITY COUNCIL FOR A SPECIAL USE PERMIT. SO THAT ADDS IT ELIMINATES THE SMOKE SHOPS AS A USE, ESTABLISHES THE SPECIAL USE PERMIT PROCESS, AND THEN ALSO ADDS REQUIREMENTS SUCH AS, YOU KNOW, DISTANCE FROM SCHOOLS, CHURCHES AND OTHER COMMERCIAL ENTITIES THAT SELL THE SAME TYPE OF PRODUCTS VERY SIMILAR TO OUR ALCOHOL. TYPE OF ORDINANCE, AND ALSO OUR CASH STORE TYPE OF ORDINANCE. THE AMENDMENTS ARE ATTACHED. I HOPE YOU HAD A CHANCE TO LOOK AT THEM. IF YOU'VE GOT ANY QUESTIONS, SEE SOMETHING THAT YOU THINK SHOULD BE A LITTLE BIT DIFFERENT, LET ME KNOW. COUNCIL HAS SEEN THIS VERSION AND THEY WERE GENERALLY OKAY WITH IT. DURING THE WORK SESSION. BUT THAT DOESN'T MEAN IT'S 100% FINALIZED. AND I'D LOVE TO HEAR ANY FEEDBACK THAT YOU ALL HAVE. WELL THAT DEFINITION. SO BY THAT SOMEONE COULD. POSSIBLY TAKE A LOOK AT IT LIKE A 7-ELEVEN AND SAY, WAIT A MINUTE, GO IN AND START MEASURING HOW MUCH SPACE THEY'VE GOT FOR CIGARETTES AND CIGARS AND, AND THAT KIND OF STUFF. AND THAT'S KIND OF WHAT WE BASED THE ORIGINAL 25% OFF OF. THE IDEA WAS THAT SOMEBODY COULD OPEN A CONVENIENCE STORE OR, YOU KNOW, WALMART, KROGER, YOU KNOW, THEY ALL SELL SOME OF THESE TYPES OF PRODUCTS, YOU KNOW, WHETHER IT'S CHEWING TOBACCO OR CIGARETTES OR THAT SORT OF THING. AND NO ONE WOULD EVER I DON'T THINK A REASONABLE PERSON WOULD EVER SAY THAT 7-ELEVEN IS A SMOKE SHOP. YOU KNOW, THAT SORT OF THING. HOWEVER, THAT 25% IS VERY DIFFICULT TO ENFORCE. JUST. AND SO IN TALKING TO COUNCIL DURING THE WORK SESSIONS, IT WAS DECIDED THAT ANYBODY WHO WANTS TO SELL THOSE PRODUCTS IN TOWN JUST NEEDS TO COME THROUGH FOR A SPECIAL USE PERMIT, AND THAT WOULD ONLY BE NEW BUSINESSES. OBVIOUSLY, ALL THE EXISTING BUSINESSES IN TOWN ARE ABLE TO CONTINUE ON AS THEY ARE WITHOUT GETTING A SPECIAL USE PERMIT.BUT IF ANYBODY OR ANY COMPANY OR ANYTHING WAS TO OPEN A NEW ONE, THEY WOULD JUST NEED TO GO THROUGH THE SPECIAL USE PERMIT PROCESS. ONE QUESTION I HAD WHEN I WAS GOING THROUGH IT, YOU KNOW, WE HAVE HAD A REQUESTER IN FRONT OF US TWICE IN THE LAST 12 MONTHS. AND AT THE FIRST ONE, ONE OF THE PEOPLE IN THE AUDIENCE THAT SPOKE OWNS A I THINK IT'S A BAKERY IN DOWNTOWN
[00:20:01]
WYLIE WITH A CBD TYPE VAPE SHOP RIGHT NEXT DOOR. AND SHE WAS COMPLAINING ABOUT THE AROMAS AND EVERYTHING COMING FROM THAT SHOP INTO HER BAKERY AND GETTING COMPLAINTS FROM CUSTOMERS. DID THE CITY COUNCIL TALK ANYTHING ABOUT ANY TYPE OF ENVIRONMENTAL SYSTEM? BECAUSE THE GUY THAT CAME TO US, IT WAS PUTTING IT IN ON THE CORNER THERE WHERE THE YOGURT SHOP. HE HAD A VERY ELABORATE ENVIRONMENTAL SYSTEM TO PREVENT EXACTLY THAT THING. I WAS JUST WONDERING IF THE CITY COUNCIL EVEN CONSIDERED PLACING HEAVIER REQUIREMENTS, THE BUILDING CODE. OKAY, SO HERE'S THE THING. THE BUILDING CODE COVERS ALL OF THAT. AND THE ESTABLISHMENT THAT YOU'RE REFERRING TO THAT'S NEXT TO THE BANK. THEY THERE'S NOT SUPPOSED TO BE ANY SMOKING OR ANYTHING THAT GOES ON IN THERE, BECAUSE THERE'S A DIFFERENCE BETWEEN A SMOKING ESTABLISHMENT AND A SMOKE SHOP. JUST BECAUSE YOU SELL IT DOESN'T MEAN IF YOU IF YOU ALLOW PEOPLE TO CONSUME ANY OF THOSE PRODUCTS ON SITE, YOU'VE GONE FROM A SMOKE SHOP TO A SMOKING ESTABLISHMENT. THOSE ARE TWO TOTALLY DIFFERENT USES. AND SO WE'VE WORKED TO TRY TO ADDRESS THOSE SORT OF THINGS WITH FOLKS WHO AREN'T, YOU KNOW, ABIDING BY THOSE REQUIREMENTS. SO BUT YEAH, THAT BEING SAID, THE BUILDING CODE DOES DO A VERY GOOD JOB OF ACTUALLY FILTERING OR, YOU KNOW, REQUIRING CERTAIN FILTRATION SYSTEMS. I KNOW THAT, FOR EXAMPLE, WE HAVE TWO ESTABLISHMENTS IN TOWN. CHILI'S IS ONE OF THEM. THEY USED TO HAVE SMOKING IN THE BAR AREA AND THEN THE HOOKAH LOUNGE THAT IS ON 544. BECAUSE THEY'RE THEY SHARE A BUILDING WITH OTHER FOLKS. THEY HAD A VERY ELABORATE FILTRATION SYSTEM AND WE HAVE NEVER HEARD ANY COMPLAINTS FROM THEIR NEIGHBORS. OH, ONE OTHER THING. DO YOU KNOW WHY, WHEN I WAS GOING THROUGH ALL THE RESEARCH ON THIS KIND OF STUFF, I TRIED TO GO TO THE CITY SITE WEBSITE AND LOOK AT THE. VIDEO FROM THE CITY COUNCIL MEETING AND THE MINUTES, AND NONE OF THEM WERE AVAILABLE. IT WAS PROBABLY TOO EARLY FOR THE WRITTEN MINUTES. SO THERE'S ACTUALLY A DIFFERENT WAY THAT YOU HAVE TO GO ABOUT GETTING THE VIDEO. SO THEY'VE CHANGED THE UP THE WEBSITE. YOU HAVE TO CLICK ON DIFFERENT LINKS. I CAN SHOW YOU HOW TO DO THAT. SEND LIKE A HOW TO. BUT THEY ACTUALLY IT'S UP THERE. YOU JUST HAVE TO FIND IT. YOU HAVE TO DIG THROUGH. THAT'S WHAT I HAD TO DO AS WELL. SO IT'S JUST NOT AS ACCESSIBLE AS IT WAS BEFORE. JASON, I DON'T KNOW IF THAT'S SOMETHING THAT WE NEED TO LOOK AT, BUT IT EVENTUALLY IS. YEAH, BUT YOU CAN GET IT RIGHT AWAY. YOU JUST HAVE TO. LIKE I SAID, GABBY CAN SHOW YOU HOW TO DO THAT. YEAH, BECAUSE I, I WENT ABOVE JUST CLICKING. YEAH. I ACTUALLY WENT OUT AND TRIED TO FIND IT, BROUGHT IT, TRIED TO BRING IT BACK IN AND IT WOULDN'T LET ME TAKE A LOOK. SO WE'RE TALKING ABOUT SMOKING IN THE ESTABLISHMENT AND THE BUILDING CODE AND THAT IT'S NOT ALLOWED. IT WOULD BE A SMOKING ESTABLISHMENT OR I THINK YOU USED A DIFFERENT WORD. RIGHT. DOES THAT NEED TO BE IN HERE? NO, BECAUSE WE HAVE A USE FOR THAT. AND THAT'S THE SMOKING ESTABLISHMENTS ARE DIFFERENT. THEY'RE HOOKAH LOUNGES, CIGAR LOUNGES, THAT SORT OF THING. THAT'S IT'S OBVIOUSLY IT'S A, IT'S A WHEN YOU SEE THAT BROUGHT BEFORE YOU, IT'S A VERY DIFFERENT KIND OF BUSINESS. YOU KNOW, LIKE THE CIGAR SHOP THAT ULTIMATELY WAS APPROVED DOWNTOWN IN THE NEW BUILDING OR NOT THE NEW, YOU KNOW, NEW TO THEM, AS OPPOSED TO A GENERAL RETAILER WHO'S JUST GOING TO SELL THESE TYPE OF PRODUCTS. YEAH. AND AS YOU WERE SAYING THAT EACH ONE OF THESE HAVE COME UP AS A SHOP. SO, YEAH, THEY ALL WOULD COME UP AS THE SMOKING ESTABLISHMENTS ARE ALREADY ALL SUPS. SO THAT JUST KIND OF MAKES THE SMOKE SHOPS. ALSO ALL SUVS. AND TWO, I'M PRETTY SURE THAT WHEN THEY COME TO US WITH THEIR PRESENTATION LOOKING FOR A SUP SUP, WE CAN MAKE SURE THAT IT SAYS IT'S EITHER A SMOKING ESTABLISHMENT OR A SMOKING SMOKE. YES. YES, DEFINITELY. ANY OTHER QUESTIONS FOR STAFF OR NO APPLICANT HERE? THE STAFF. THE ONLY QUESTION I HAD WAS RELATED TO THE APPEAL ON A DISTANCE PROCESS. WOULD THAT HAPPEN? LET'S SAY AN INDIVIDUAL BUSINESS OWNER COMES HERE AND WANTS TO GET A SPECIAL USE PERMIT TO SELL THESE PRODUCTS. AND THEY WE DETERMINE OR YOU DETERMINE WHAT THEIR DISTANCE IS. DO WE HAVE TO SEND THAT FOR APPEAL BEFORE WE MAKE A DECISION OR. NO, IT'LL JUST BE IT'LL BE PART OF THE SUP CONDITIONS. IT WAS JUST IT'S OUTLINED IN THERE TO[00:25:03]
SPECIFICALLY TO ALLOW TO SHOW THAT THAT THAT PROCESS CAN BE PART OF THE SUP. BECAUSE WITHOUT THAT IT GETS A LITTLE GRAY ON. WELL YOU'RE YOU KNOW, THESE ARE ALL THE VARIANCES YOU'RE ASKING FOR. YOU KNOW, WE'VE HAD THAT BEFORE. AND IT DOESN'T MATTER WHAT KIND OF BUSINESS IT IS.WE'VE HAD THOSE KIND OF THINGS BEFORE. AND SO THAT PARAGRAPH IS IN THERE JUST TO SAY, YOU KNOW WHAT, IF IT MAKES SENSE AND P AND Z AND COUNCIL ARE ON BOARD WITH IT. YOU KNOW, MAYBE WE JUST HAVE AN AREA WHERE, HEY, THERE'S A HOOKAH LOUNGE AND SOMEBODY IS ONLY 500FT AWAY, WANTS A CIGAR SHOP, AND WE'RE ALL LIKE, YOU KNOW WHAT? THAT WOULD BE A GREAT PLACE. AND IT'S UNIQUE. THIS ALLOWS FOR THAT TO HAPPEN WITHOUT, YOU KNOW, HAVING TO DIVE TOO FAR INTO THE GRAY AREA.
WORKS FOR ME. ALL RIGHT. ANY MORE QUESTIONS BEFORE WE OPEN THE PUBLIC HEARING PORTION? OKAY. I'M GOING TO GO AHEAD AND OPEN THE PUBLIC HEARING PORTION. SO SINCE THIS IS A PUBLIC HEARING, ANYBODY FROM THE PUBLIC CAN COME UP AND MAKE A COMMENT ON THIS ITEM IF THEY'D LIKE. IF YOU'D LIKE TO, YOU CAN COME UP. OTHERWISE NOBODY'S GETTING UP. SO I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING PORTION. WELL I LIKE IT. I'VE WISH I THOUGHT OF IT SOONER. I THOUGHT THE SAME THING, BUT YEAH, I THINK IT'S WORDED GOOD. AND EACH SPECIFIC PROPOSAL IS DIFFERENT. AND THIS ALLOWS FOR US TO LOOK AT EACH ONE IN ITS OWN RIGHT, ITS OWN REGARD. SO THAT'S WHAT I HAVE TO SAY ABOUT IT. NOBODY ELSE HAS ANY COMMENTS. MAKE A MOTION. I'LL MAKE A MOTION THAT WE ACCEPT THE ORDINANCE CHANGE AS PRESENTED. SECOND. WE HAVE A MOTION, A SECOND. PLEASE VOTE. THAT IS RECOMMENDED. SEVEN ZERO. OKAY. THAT'S OUR REGULAR AGENDA.
ANY ANNOUNCEMENTS? WE WILL HAVE A MEETING IN TWO WEEKS. WE WILL HAVE A MEETING IN TWO WEEKS.
I'LL ENTERTAIN A. TO DISMISS. I MOVE, WE ADJOURN. I SECOND. A MOTION. SECOND. PLEASE VOTE.
* This transcript was compiled from uncorrected Closed Captioning.