Planning and Zoning Meeting - Regular Meeting

Hi, good evening commissioners. My name is Tara Bradley, the planning manager. Um, this evening our unfortunately our chair and vice chair are out today. So, we will need to elect a vice chair to um proceed over these proceedings and run the meeting today. Um, so I'd ask if anybody would like to make a recommendation. I will recommend Pat Trap. I will second. Third. So that carries anonymously. Um, all but one.

I'm sorry. All but one. Um, so we will have um Mr. Pat Trap, Commissioner Trap, um proceed with the meeting this evening and lead it as well. So, thank you. My pleasure. And we'll get started. So, okay. Um just will go over the discussion items you would like to call to order.

Thank you. It is 6:31 and we are in the study session. Welcome to the Farmers Branch Planning and Zoning Commission study session. Uh the first order of business I I believe is to um to see if there's anything from the minutes if I'm not mistaken. Uh did anybody have any comments on the minutes from last month's last meeting? Please clarify if I screw up. No any issue with the minutes. Okay. Okay, end of that item and we'll move on to the regular agenda item which is two items being brought together. Conduct a public hearing and consider the request for a specific use permit for a gasoline service station and convenience store on 13601 Midway Road. that is 25- SU-10 and also 26 ZAO1. Conduct a public hearing and consider the request to amend the comprehensive zoning ordinance for beer and wine sales overlay district. Brett,

thank you, Chair Trap and members of the zoning commission. My name is Brett Mangum, lead planner with the planning department here at City Farmers Branch. Uh I'm managing these two cases tonight. These are the only two cases on the agenda. Um they are for the same site which is what you see up on your screen 13601 Midway Road. This is the northwest corner of Midway and Alpha. Uh I won't go through the uh full presentation. I'll just give kind of a brief overview of this case and save the presentation for the public hearing at 7:00. So again, this is the site just over one and a half acres. Uh the two cases are moving in tandem uh tonight. The first case we'll be looking at is 25 SU 10. That is a specific use permit request for the convenience store with gas pumps and that requires an SUP within the zoning which is PD64. The companion case uh which would be following that 26 ZAO1 is a separate application for the sales of beer and wine on premises. Uh here in the city of Farmers Branch, uh we have distinct zones where that is allowed. It's generally prohibited throughout the city. Uh but it can be granted on a case-byase basis. Uh one thing I do want to point out with any of the alcohol applications. Uh once those are approved, they run with the property. So they are in perpetuity. Once those are in effect, they cannot be uh removed in the future. So, it's a little bit distinct from a typical zoning change where you could change the zoning to something else or revert the zoning. Uh, this is u a little bit more of a heavy decision. So, with that being said, this is the site plan being proposed. The current building on the site previously was a bank building. Uh, they're proposing to remove the building entirely, clear the site. Uh they will

be saving a few of the trees that are along the edges of the property along Alpha Road. Uh but other than that, the site will be cleared and they will be building approximately 5,000 square foot uh QT quickrip gas station uh in its place. Uh staff has reviewed this proposal uh in terms of zoning ordinance, building codes, fire, we've all looked at it and uh they've worked through all the comments from the different city departments. Uh so at this point it is safe to say that it does meet all the codes required for PD64. Uh we do have uh an this is the comprehensive plan. Uh this is distinct from zoning. This is more of the 30,000 ft view of what the city council envisions for different quadrants of the city. So generally speaking, they see the northwest corner of Midway and Alpha there in the kind of dark yellow canary yellow as a future highdensity residential. So it is worth pointing out that this proposal is not distinctly uh in line with the comprehensive plan designation for that particular uh location. However, this is a living document. It has the ability to be uh changed in the sense that zoning is the controlling document. The comprehensive plan is more of a guideline than anything. So, while it is not in tandem with the comprehensive plan, uh you can still consider approval of this request which would change the zoning. We sent out our notices um back in January when this case was originally uh scheduled for a public hearing. Uh the application was filed I believe in December. Uh we had a the applicant requested continuence to January 26th meeting uh which was the day of the ice storm. So that got cancelled. It came up again in February. The applicant again on February 9th requested u a continuence which brings us to today's hearing. And I believe they as far as I

know they're ready to move forward uh with deliberation on this case and consideration. So, with that, I'll be happy to answer any questions if you have any for city staff and uh we'll have the public hearing at 7 o'clock. We do have the applicant here uh master plan as the representatives for this case if you have any questions for them. Any questions? More appropriate to put these in in the public session at seven and if so, that's fine. But okay,

two questions. one do do you know when the bank ceased to occupy the property? I mean I know it's a second generation used presently but the original user the bank or any subsequent bank when did they move out? Uh we can look into it. Yeah. Um of course study session you can always pose the questions and if we don't know we can use that interim time to see if we can find an answer for you. So I'll have to look into it. I don't off the top of my head. Uh, as far as I know right now, uh, there was a a tenant in between when the bank closed and and currently there's a tenant in there now, uh, which is, I believe, like a a school or a a center for daycare.

Okay, forgive me. I said I had two questions. I actually have three. Has there been a period of time where that property has been up for sale or on the market? Do you happen to know? I'll defer to the applicant who is probably better uh, question. part of the city's process and this is kind of in the back or the context of there some of the comments are concerned about the fueling trucks being able to navigate the site as part of the city process. Um I presume the fire department has reviewed it and would have commented upon their ability to navigate the site. Is that part of the process or no?

Yeah, it's a good question. uh fire personnel. Uh the assistant fire chief is the one that specifically attends our review sessions. Uh so we basically the application comes in, we distribute it out, give approximately two to three weeks for all the different departments to give a thorough review. If there are any comments, we'll forward those back to the applicant for them to address. Uh in this case, since we've had the application since December, we've had about three months to work through any comments. So, uh, fire I believe did make some comments and there have been some tweaks made. So, the finished project that you see tonight should meet, uh, with satisfaction of the fire personnel. Thank you.

All right, I've got two for you. Um there is a driveway or roadway to the west of the property um that traverses between Alpha and Sigma that you can access from the service station. I'll let you pull that up first. Okay. So, uh we can turn the aerial on. So, this driveway you're

Yes. referencing. Yes. And it continues and takes a left. Is that a public driveway or is that a private route? My understanding is it's a private driveway.

Okay. Um and then the second question I guess as far as the alcohol um you know license or uh permit is concerned is that a function of a state law and is there any mechanism in our code or do we have any ability to issue a permit to the property that expires when they leak? Um, I'll have to look into that. I'm not aware of any any way that we can issue a variance of in that nature. Okay. Um, I believe we have to follow the state laws and and our codes reflect the state laws. Sure. So,

Okay. We don't really have a process set up for alcohol variances, per se. Sure. Any other questions? I I have you have a question. Yes, please. Um, so if approved, alcohol sales at that location becomes a zoning by right to anybody that owns that land. Correct.

Yes, that is correct. So, but it would only apply to the specific request, which is beer and wine sales for off- premise consumption. So it would not include liquor for instance hard liquor and it would not include on premise consumption. So for example like a restaurant or a bar that would not be allowed. It would only be packaged beer beer and wine. Okay. Thank you. Um

okay. The um SUP to permit gasoline sales though is assigned to that particular owner or operator and if that company leaves then the gasoline sale privilege goes with them. Is that correct? That is a correct uh interpretation. So then what you if if Quick Trip were to leave, you could wind up with a beer and wine store there. That is theoretically possible.

Okay. SUPs are u unique in that you have the ability to put a term limit on those. So just the SU-10 case. Uh typically in farmer's branch, the tradition is the specific use permits are granted open-ended. They don't have term limits. Uh but if you feel that that's a necessary condition, uh that is something you can consider. Uh most of the time it just makes it harder for the business to operate confidently when they might have a clock ticking down.

Yeah, especially with a gas station where there's big investment in tanks underground. Thank you. You're welcome. And if there's no additional questions, um there was uh some additional late correspondents that came in that didn't make it out in the packets, but we printed it out for you. So there about five other letters that came in up until 5:00 today.

Um so you gave us these five and what other letters have you received? Uh the other ones were in the packet we sent out and right now I have a total showing five support letters including the ones that were in the packet and the ones that you have on the dis and five support and four opposed. Okay, so total of nine. Also probably worth pointing out uh just a handful maybe one or two of them were actually within the two to 300 foot halo. A lot of them came in from the city farmers branch. So, there's still valid concerns that you need to take into account, but they don't necessarily count towards the 20% threshold uh for uh city council supermajority vote. Okay, thank you. And I think that brings us to the end of the study session unless there's anything else should be for um A2 as well. Ah thank you. Was there any uh discussion of any agenda items for future zoning meetings that anybody would like to bring up for discussion? I do have a question. This is for staff. Um, I've heard a number of council people talk about a an assessment tool called Urban 3. I know that there are other tools of of this nature out there. Um, and it's a taxable value by parcel, by acre. They break it down into several different metrics. Um, is that a something that we can request from the council that it might help us, you know, form long range plans or decide what types of developments uh should be prioritized in what locations? Um, or

would that need to be requested specifically from a council person? Is it possible that I can look into that and see who would be the correct person to request that from as far but you're requesting to be able to utilize urban 3? Uh, not specifically, but just some sort of assessment tool for property value um you know by parcel or by acreage um to make determinations about uh future development. Okay. So sort of like modeling I'm sorry I'm trying to understand modeling um certain um buildouts. Yes. As far as Okay. Yes. I can send something to Brian or or to you.

Okay. Yeah. If you would do so. Yeah. And we can look into it for you. Thank you. Okay. Anything else? Do I have a motion to close the study session? Do we do we don't? Okay. We're just done then. Come back at 7. Yes, we we'll reconvene.

Good evening and welcome to the city of Farmers Branch Planning and Zoning Commission meeting. The first item on the agenda this evening is citizen comments. This item provides an opportunity for citizens to address the planning and zoning commission on matters that are not on the agenda. We have several people lined up to talk about things that are on the agenda and we will definitely give you an opportunity when we get to those agenda items. But anyone wishing to address the commission in general or related to the uh agenda items should complete a citizen comment registration form and submit it to the chair prior to the start of the meeting. There is a threeinut time limit for each citizen to speak with a maximum of 15 total minutes on each topic. We will go over that a little bit. We have several people who wanted to speak and we will of course give everyone an opportunity. Anyone wishing to speak shall be courteous and cordial. The planning and zoning commission is not permitted to take action on any subject raised by a speaker during general citizen comments. When called upon, please approach the podium and state your name and address prior to the beginning of your comment. Please direct all comments to the commission and not to the audience. Okay. The first item is to consider approval of the February 23, 2026 Planning and Zoning Commission minutes and take appropriate action. Members,

I'd move approval of the agenda from last meeting as written. Okay, we have a motion to approve. I'll second that.

We have a second. Take a vote. All those in favor of approving the minutes. Opposed. An abstension. One extension. Measure passes. The minutes are approved. Next item on the agenda is the public hearing. For D1, item D125-SU-10, conduct a public hearing and consider the request for a specific use permit for a gasoline service station and convenience store on approximately 1.48 acres at 13601 Midway Road within planned development district number 64. Brett.

Thank you, Chair Trap and members of the Planning and Zoning Commission. My name is Brett Mangum. I'm the lead planner here at the City of Farmers Branch. Here to present to you two cases tonight. Uh the first one we'll be looking at is 25-SU-10. Uh this is the site at 13601 Midway Road. You can see on the screen uh in green is the subject property. We're looking at about one and a half acres in total for the land. Uh that's the northwest corner of Midway and Alpha at the signalized intersection. Currently, the zoning on this property is planned development PD64. Uh generally speaking, that PD64 is uh commercial and non-residential in nature. Uh if you read through the specifics within the PD regarding land uses, uh it does require approval by council and review by PNZ for for the specific use permit specifically for the gas station and the convenience store components. So that's why we are looking at this particular request tonight. On the screen you have a rendering of the proposed building. This is a proposed QuickTrip gas station. Uh the site plan is just above that. Uh currently there is a building on the site which was previously used as a bank. Uh the bank was in operation from about February of 2022 uh as Origin Bank. I believe it was a different bank before that. They closed in March 2024 is my understanding. And since that time it's gone through periods of being vacant. Uh currently there is a tenant within the building but they're operating on a short-term lease. It's a therapy center for children. So, the proposal uh that you see on the screen would involve removal of the building, demolition of the site. Uh some of the trees along Alpha Road will be preserved, but other than that, it

will be scraped clean and in its place will be a 5,029T convenience store constructed on the site. Approximately 20 fuel pumps. The canopy is located to the front uh running on Midway Road. A total of about 7,200 square foot of landscape area is incorporated within this site plan. And there are, as you see, uh this is a site that's got two entrances. They're joint entrances with the shopping center. Uh that's on Midway. And then the other entrances on the back uh on Alpha, which is a right in, right out um for eastbound or it would be westbound traffic on Alpha and then you can go out going westbound. Looking at our city's long range plans, we have adopted the 2045 comprehensive plan which you can see on the screen. This indicates the future direction of growth for different quadrants of the city. Uh you see the subject site circled in with the black oval. Uh that is in the yellow color which indicates the city council has envisioned a future H highen city residential for that general vicinity. Uh so with that being said uh the recommended uses within that particular zone would be things like triplexes, quadplexes, town homes, uh small lot detached single family or apartments. Uh so strictly speaking, this proposal is not consistent with the letter of the comprehensive plan. U with that being said, the comprehensive plan is considered a guideline for zoning decisions. uh the zoning on the property which is PD64 as I stated before that is the controlling document. So if you approve this specific use uh request tonight uh that would basically create an overlay within PD64 which would allow for the convenience store and gasoline sales aspects.

We sent out property notices to owners within 300 ft of the site. Uh we sent those out on January 29th. Um those were 13 letters sent to all property owners and the school districts as well. Uh we also posted the sign as required uh per our regulations. Uh so that has been on the site since the application was filed. Uh as of tonight uh I'll update the numbers. We did get an additional opposition letter. So five letters in support and instead of three as you see on the screen, there's now four letters. Uh the late ones uh were printed and left for you on the DIS for your review. So that concludes my presentation on this portion uh for this particular case. We do have a companion case as you have seen on the agenda 26 ZA uh01. Uh I do want to point out at this point we'll we'll handle these uh in separate motions. Uh but if you do deni decide uh as a body to deny one then the other one would need to be denied as well. So they they stand together.

Okay. And we do have uh representatives for this case. If you have any questions regarding the business, the operations, they can help to answer those. Uh I'm able to answer any questions as far as city policy goes. Uh so with that, chair, I'll turn it back over to you for further deliberation. Okay. Any We'll just need to open the public hearing for that for both cases if that's the decision. Yeah, I would like to do that well as well.

Okay. Um if uh that is the decision, I'll go through the presentation for the next case as well.

Okay. uh same subject site. Uh again, this is just for the sales of uh beer and wine on premise. So, this is a a separate application. Originally, uh we just received the SUP application. We had to hold it until the applicant finalized this application so that they could run in tandem. Uh so this would be a zoning amendment to add a another overlay called the beer and wine sales overlay district allowing for uh sales of beer and wine for off- premise consumption only. And this is a map uh showing the city of Farmers Branch. The light blue areas are the zones where this type of uh alcohol sales are permitted currently. So there's about 10 of them altogether. If this one is approved, it would be the 11th. So, you see the uh closeup for zone 11. That's what's being proposed tonight. So, in general, it's just in certain districts within the city where this is allowed. Uh again going back to the study session uh one point that I did mention probably worth repeating is with the alcohol regulations such as this uh once they are if they are approved u the city can relax those restrictions but they cannot make them more restrictive. So once it's if it is approved once it's approved then it is essentially permanent. So I believe that is all we have on this particular case. Um, again, happy to answer any questions. Uh, otherwise, I will turn it back over to the commission for further consideration.

Thank you. Are there any questions for staff? I do have one more. Um, in the original meeting that we had about this, it was determined that the traffic impact of the service station would not be great enough to warrant an actual traffic impact analysis. On what basis was that decision made or can you work me through the the process?

Yeah, I'll have to be uh careful because I don't want to misrepresent. I'm not an engineer. Uh so certainly take it with a grain of salt, but our uh engineering staff are part of the development review committee that looks over the applications that we talked about earlier, including fire, building um and engineering. So at the time when the application came in, uh the the engineer does a a cursory review to see if there's any distinct changes between the uses and whether it's going to be more or less. And my understanding is their determination of the it would be less traffic generated from this particular use versus um what could be there potentially with the future land use map.

I've got a question behind the proposed store. Is is there a full wall that that blocks the store in the back of that property and keeps that area from having people just simply walk behind the store and start walking along the sidewalk or or the driveways through and in front of the apartments and avoid having an all night drive through. You've got alcohol sales and people walking around and leaving bottles, stuff like that.

So, uh on the screen, this is a Google street view of the rear side of the property. Uh the property line basically bisects this driveway and goes back and then takes a 90° turn. So, this is dated from July 2024, but I believe it's representative of the current conditions out there. So, there is no wall per se. There's um there's a there's a small sidewalk here and some parallel parking and a row of plantings. We can pull up the proposed site plan. I don't believe there's a wall proposed in in this site plan. Uh but I'll let the applicant kind of go into more detail as far as what treatments there they may be proposing in the in that portion of the property. Is the applicant here this evening? And does the applicant want to make a presentation?

Brett, did you have anything else? I have nothing additional to add at this time. And let me pull up the presentation. Thank you, Brett. You can use this or key. Yeah, use the clicker. There you go.

Mr. Chairman, Dallas Cthram, uh, 3333 Welborne Street, Dallas, Texas. Um, representing Quick Trip. Thank you for letting us speak on this matter. Maybe I'll answer some of the questions from the briefing. The bank left about 25 months ago. Um, it was for sale. Um, and we did due diligence on two different car wash operators and it was suggested by staff and elected officials that that was not a good use. So um as you we represented Quick Trip last time and were not successful. So there certainly was some desire that was a low performing bank. The bank wanted us to so that wanted the owner to see if there were other options. Those were the other options. So um that could turn up. So uh I can't remember we had a good broker on it. So it was not lack of effort. One thing I'll point out is car washes self-s served car washes in Texas do not pay sales tax. So if you go to a full service one bizarrely you pay sales tax but if you just go through you know a laser wash or whatever there's no sales tax. So you know many times and we do a lot of car wash work you'll find that cities are somewhat hostile to that particularly on a good corner because they you know there's not a lot of adorum tax there's no sales I mean there's it's not a big driver. So uh yes so it was it was for sale or there there just wasn't a lot of offers. So that's why I believe the owners I think I told you last time that unfortunately Mr. Ferris died and so his sons now are settling the estate. Quick Trip contacted them about we'd still be interested. So that's how we kind of ended up back where we are. Um the the other thing that I guess came up um that that the talk about a beer store. So first of all we've got 190 stores in the metroplex. Okay. So that's a lot. We've one time sold a store in Plano and it was there for 20 years.

We've never had a store fail. Okay. So, I think it's highly unlikely and we're building the most expensive store that has brick on every side. This is a very I mean, this is as nice a store as we could do. So, we're certainly heavily invested in the site, but if you wanted to give us an SUP condition of the beer and wine can only be accessory to the main use of a service station, that would be fine. That seems like a good compromise. We're not going to sell to another gas user. We would never do that like Walmart would never sell to Kohl's or somebody like that. So, if that gives you peace, the other thing I think maybe some of you know in the past before I had sold my business, we owned the oldest alcohol licensing company in in North Texas. So, I mean, I know more than the average amount about TABC licensing. So even if somebody did want to come in on this site or any other one, they have to go through the city process, but they have to still go through the TABC process and they have to get a renewal every two years. So we'll I'll talk about that more at the end, too. So um uh okay, so some of this is in relates to what we did last time and some of the comments I we got. There was a suggestion we don't do anything for the community. Quicktrip is super active. This was the agenda item in the city of Dallas uh that they are going to do these these these trucks to uh provide for blocker trucks as they're called. You know, we all drive in Dallas a lot. That's just the nature of, you know, being a city of 1.3 million. I had to drive through here through Dallas to get here and will on my way home. Um, so, uh, they work very closely with PTA groups, youth football, whatever it is and would likely do that here if asked. We haven't been asked, so I'm not going to belabor this. Another suggestion was I guess somebody told suggested we don't know anything about schools. I'm second

in my office. I've only worked on about 75 or 80 campuses. So, I think that's a pretty good number. We've done more than 200 DI Dallas independent school districts plus Grand Prairie and Hy Park and Richardson. We do a lot of school work and I this is not in my professional opinion a adverse to the school from a traffic standpoint or the baron wine and we'll show you plenty of examples of just quick trip. If we wanted to look at all of the the schools much less monasteries and other things, it'd be hundreds that are within 300 ft. So, I mean, you know, this is a big practice area, okay? There's lots of stores. You see them all the time, I will say. I mean, I I like Quick Trip the best. Not just cuz they're a client. It's where I want both of my kids who are drivers now. One is better than the other, the older girl, much better than the younger boy. But that's where I want them to go precisely because they don't have bottles and litter. They have more staff there. We've got members from Quick Trip here. You know, one of the great things about this company, and I said this last time, cities should be more interested in best-in-class operators than what they do. This is the best-in-class fuel op convenience operator in this region. And they always have more people on on duty than they need. They'll open up other registers. They don't ever allow drinking on the site. Um they really manage things. In fact, I one thing I'm impressed by is they do their own secret shopper much like the TABC does, but they have their own thing about about that their system on their point of sale system. It prompts every time there's an alcohol purchase, they have to enter what the date is. So, they're going to swipe or scan a person's ID if they're younger. Uh, and and and it prompts every employee. They get one warning and after that they're terminated on a second second strike. So doesn't matter how many years of service they have. They

take the sale of alcohol extremely seriously as they should. So they have three violations since 2006 for all the stores. That's a very low number. It's thousands of transactions and not two at the same store. Um you know you know there's a another national operator that's near to here and and I saw in a shorter period they have 50. Uh so you know that's you know those are just facts and I'd rather work on facts and we're happy to talk about the the the internal controls and and those sorts of things if that's helpful. Okay. On the future land use map plan Matt this is a high density area. Um you need a neighborhood service use like this. Fuel is a neighborhood service use and you have it in you know almost every community is going to have one. This would be the only one in this part of your city limits. Um, importantly, the two new developers, they're going to spend a h 100red million each. You have letters of support from Fairfield and from Odin Hughes that are building large apartment complexes. The one right by us, we and they're they're not located anywhere near to us. They're not opposed. They did support us last time. So, if they were real worried about that distance separation or something, they could have changed their mind. But last time they were in support. So I just think and we'll I'll show you some slides of some other other examples where where this matters. Um uh oh there's the one. So since 2009, you know, a national operator, uh you know, they have fewer stores, but they have a lot more offenses. Okay. So here are stores. You probably driven by all of these. The one on the left's brand new. None of those have any violations. Okay. I I'm not big on showing renderings uh typically because I you know you get charged with they're just pretty pictures. But the

whole point is here we we work closely with staff to come up with the best store. This is not like out of the box corporate architecture. Look at all the the the the support covers. The columns are all brick. It's all red brick. We have foursided architecture uh articulation in the building. This is a really nice site. It's also larger than many of our other sites. I'll show you some small ones. The suggestion that it's too small to navigate. They've got less than an acre sites that work. So, this one, I'm not saying it's too big, but it's about right. Um, again, now this closeup, you can see this is the nicest door as you can do, and this is a important corridor for you. So, we want to do the nicest store we can, and I think we're delivering that. Um, we meet all the landscape requirements. We're not asking for any any exceptions. I mean, here's the back. I mean I mean we're not treating it as such. Um our l our uh traffic engineers here, we did do we weren't required. We did a study. I provided the opposition last time. So we did a full traffic study and I'm not an engineer. I do own an engineering firm. Uh but but um really I I tend to think of gas stations as catch and release. I don't make a trip eight miles to go. It's not a destination trip. I do it when I'm when I'm out. Uh typically, um and you know, it's just it's just a something you do and or you get it when you absolutely have to have it. So that we're not going to generate trips that aren't already there. Uh you know that and I just and he we can certainly speak to that. Okay. We just did a couple of these that we're familiar and had the site plan. You know, there was this suggestion that our site's way too small. Okay, here's one that is adjacent to Starbucks. It's going to generate a

lot of traffic, you know, particularly at AM Peak and it's 087 and we're 1.47. So, we're not too small. I mean, you know what? They're first of all, like acre sites are what are kind of normal. Uh, okay. Here's the one I really want to talk about. Talk about a high density residential area. This is West Village. You almost can't pick a more dense place in North Texas than West Village. And there's a quick trip on less than an acre there that operates fine. and the trucks can get in and out of and in in the very fact that they're compatible there in PD 193 is that it is high density and people do have cars and they do need to get fuel from their car and they don't want to have to drive a long way outside their city limits or outside their neighborhood. I just really think fuel is a neighborhood services use like dry cleaner and all these other kinds of land uses. So these are ones that it came up last time. I just thought we'd provide some facts. I mean here's one. I mean, look at the the the the population comparing. I mean, I I know aspirationally, I remember when Tina Fergens worked on that plan and the council passed it and we've done several of these projects that we've brought to you. I I'm very optimistic this is going to be a residential and entertainment area. Um, and that's exciting and and if it continues to grow like the plan calls for, that's great. It will never be as dense as West Village. Um although I wouldn't say never, but not right now. Um the idea of concentrations came up. If there's a concentration over here, there's a lot of vape stores, including one that's next to us is one of the tenants of one of our our opposition letters. Um meanwhile, we're we're really committed to be involved in things that help military families, United Way, and children. Um, you know,

it's interesting that one of the na a national nonprofit sees fit where where runaways or at risk youth can come to QuickTrip safely here. The notion that we're somehow adverse to children isn't just proven in facts and you we're happy to school wants us to do a presentation or something to them. We're all about children. That's where you'll see a lot of their donations go is either public safety or children. Um, and those are a lot of them and a lot of these are cities in this area or or or nearby. Um, okay. So, couple of these you've got strength society, which is the one nearest to us. That's Caddy Corner. Um, is is in favor. They have kids in and out that gym all the time. The other one, does this have the laser thing? Well, oh yeah, that one, Rogue Fitness or and Dance. They're in favor. That's a kid operation. Um Odin Hughes, that's multifamily, that one. Uh Fairfield's going to have 350 units there. Here's one up here. Your former building official, uh Hu Pender, uh you know, who's a resident is in favor. I will point out too, this business operator is also a resident, uh who lives in in this area as he pointed out. So, you know, we did have meetings at people's request. we you know you know uh I guess it's there's some in favor and some against. Okay, here are some examples of only quick trips that are by educational institutions. So John Paul has one walkie high school um Forest Land Academy. I won't read all of them but probably you've been by these and haven't noticed. And if they were a problem they would have had an opportunity every two years to challenge the TABC license. They haven't done that in any of those those instances. It's

been renewed without incident because there's not a problem. Um here's some more. You know, one Marsh Lane Middle School, you know, fairly nearby, not in the jurisdiction, but not far away. So, um you know, just hearing this there there there's there's, you know, city processes zoning, but there's a state process, too. You have to get through both of those to be able to sell beer and wine. and you have to get through it, you know, every two years on the state side. Does that does that make sense? So, I think people sometimes lose lose track of that. And you will certainly see places that have a problem and a reputation. They end up with a more difficult time in their renewal process. We don't. And a lot of that is this is part of employee training and in in the assistant manager or manager supervision. and they're aided by how their point of sale system works that they're going to scan that ID. They're going to get proof that they are of age. So, you know, they know how to do this. It's not the biggest driver in their business, but they're not going to do a store without it. But I just in listening to some of the questions, I thought maybe the accessory to the main use is a reasonable and appropriate um middle ground where you don't have to worry about this converting to um an old gas station that is a convenience store with beer and wine and and is not great. That being said, that'll never happen here. This is going to be a great store. If you open it, it'll generate significant sales tax. And I guess the last thing I'll close with, I can't tell you how many of my QuickTrip colleagues I've worked with. This was their first job in high school or their first job as a college student and they end up working for the company for really long periods of time. This is really a top operator. I've worked with these guys for 20 years and just like everything they do and they're methodical about it.

They really like this site and they want to be in this part of Farmers Ranch. They're already in your city without incident. if they were having problems or somehow there were some sort of shenanigans going on. This is not a big town. That's why you all live here is because it's not a big town. So, um I'm happy to answer questions or, you know, take comments. I hopefully I addressed some of the things that came up last time. Um and maybe I tried to answer all the questions from the briefing. Yeah. Yeah, and our traffic engineer is here if you want to, you know, drill down on the specifics of of the fact, but you know, Staff's right that it wasn't required. We just went ahead and did it anyway because of this situation, but you know, imagine on this highdensity site, you could have more trips than this that are potentially destination ones. Um, so, um, I don't know. Happy to answer questions if that's the appropriate time now. Any questions?

Mr. Cthorum, I do have one question, please. You go into further detail. So, you you you proposed that the approval of alcohol liquor package sales here could be made an accessory to the use. I'm not completely following what you're suggesting. So, if you don't mind going through Okay, sure. No liquor. Appreciate it.

So, so the TEBC divides things into Yeah. No spirits. Okay. So, so we're asking for the right to be able to sell beer and wine. The way y'all are defining it right now, it's like we're asking for it as a separate, you know, completely separate use. We are happy for the conditions of the SUP to say that you can have beer and wine sales only if it's accessory to the main use of a convenience store and gas station. So, our certificate of occupancy would read something like convenience store with fuel pump, 20 fuel pumps, and then a accessory permit. accessory use of um beer and wine. I mean, and I think typically planners typ of accessory is something that's, you know, 10% or less kind of the floor area and is customary and incidental in what you do. Like a an office building might have a deli, a hotel might have a spa. They're not a different use. So that's I just was sitting there and just thinking, well, if that's your fear, I think there's a way to to write your your ordinance around that um where it's not a problem. Cuz then you're basically saying we're relying on Quick Trip to be the one that's selling beer and wine cuz we're never going to sell to another fuel operator. I mean, that's just that, you know, that's just not how this business works.

That's a good question. Sorry if I didn't explain it. Thank you. I can assure you the TBC laws, they're, you know, it's harder to figure out what they are than traveling in the NBA. If you're not a hoop fan, you probably don't get the analogy, but I am. Anything else? Thank you so much. I appreciate it. Thank you very much.

Okay. Next, we'll go to citizen comments. And I have several people who have signed up to speak. and I'll read the names in the order in which they were given to me. Remember, you have three minutes. The lights will tell you uh how you're doing on time. Yellow means you're about to run out. First up is Pat Hagerty. Please come up and give your name and address. Members of the commission, thank you very much. My name is Pat Hagerty, 3768 Waters. 3768 Wateride Court Addison. Uh I I appreciate your time and uh there were some things admitted when you looked at those site plans. Uh the access was direct. There is no uh access to direct access to public streets on this plan. They all come in through other property and other easements. Like on Midway Road, it comes into the shopping center from the north. It's only 30 feet wide. The one on the uh alpha roadside has a median with 15 foot driveways. So, navigating trucks and gasoline tankers is going to be extremely difficult. There are two gas stations, you know, right on the road at Spring Valley and LBJ. Uh the um um one at Spring Valley does not sell beer and wine indifference to Green Hill School. They um again have 60 foot 60 foot and you saw in the plan I think most of those stations you showed had a 60 foot wide driveway. What I looked at most of the Q2 and I looked up the decad's center. They were closer to two and even three acre sites for QT. So that's that's the biggest problem. But the overwhelming issue is behind the

property that easement which comes in off Alpha Road and go north. And this was referenced last spring when they uh made their application. Well, how are they going to get out? Oh, we're going to go Sigma Road. Well, Sigma Road, by the way, is a private street. It's not a public street. And you go up that easement and you dead end right into a building. Well, then you have to take a left turn to go through an apartment parking lot, which could be blocked from time to time, and then you go right across the street from the entrance to parish. I was out there around 3:00 one day, and it was three lanes of traffic coming out. Two Farmers Branch Police Ding traffic. So, you take your ride up as they want to do. It goes right through the middle of the uh campus with athletic fields on the right and the campus the the buildings on left kids crossing and then up to the light at midway. I mean, does he have any examples of of the access going right through the middle of uh a school property? Thank you very much.

Thank you. Next, Steve. Hope I pronounced this correctly. Flu.

Good evening, commissioners. My name is Steve Flynn. I represent uh MW3 BP Associates LLC at 13605 Midway Road. Uh we're directly north of the proposed development. Uh I formally appro opposed to this uh the last time. So I'm not going to go over the packet, but I believe everyone should have the packet that was sent with a lot of the pictures showing uh you know the parcel size uh of this one in relation to the others, which I know only two others were shown and I think mine had eight or nine of them in there. Um I do want to reiterate that this parcel is only 1.47 acres, which is half an acre or smaller than any of those ones that I shared with you. Uh it's not speculative. It is a predictable sight constraint problem. Even if QT is good at traffic, the land itself is a limiting factor. Uh blocked access drives, proper turning radiuses for large trucks, U-turns on Midway will all become issues with the largest being able to turn northbound on Midway Road. Um I do have the traffic study that was shared with me. Um, it says with outside traffic less than 10 left turns at that intersection, the north intersection of our property, uh, QT predicted to add approximately 50 turns at that, uh, opening. So, now we're not only questioning how cars are going to exit and go northbound. It's those that are coming northbound and making U-turns are turning into uh, that uh, that access. And I'm not sure if anyone has uh reached out to get any police reports on the amount of accidents that are currently in that area. Uh number three, this uh this request is not consistent with long-term planning. It's going to be shiny and new at first. Uh but what happens in 15 years when this becomes obsolete by QT standards. Um then the city the city is just stuck with a gas station on that corner. Um and it's going to be hard to reverse uh due to the land use constraint.

It also conflicts with recorded private uh deed restrictions governing the property. Uh it's not first class shopping center retail as it's listed in that agreement. Uh the current tenant in in there provides great service to the community. Uh I know it was asked last time. The only material change was uh from the last time was the the death of the owner. And while we offer our condolences, uh we hope that this is not just getting pushed through to to settle up the estate. Uh, city council rightfully denied this request last year. Uh, and I'm hoping that uh, you will do the same this evening. Thank you. Thank you.

Next, Joe Dingman.

Good evening. I am Joe Dingman. I live at 13223 Gladacres Drive in Farmers Branch. I'm here to oppose this. I u I'll be honest with you. Um my main objection actually is just the concept of a gasoline station. The aesthetics, there's no such thing as a beautiful gasoline station. Or if there is, it's only beautiful the very first day. They're ugly. They have a lot of traffic. Uh they bring a lot of uh pedestrian traffic as well. uh they're just a bad land use and I'm basically I have a 45 year background in commercial real estate. I would never have one at a property that I own. Uh my second point is that it does conflict with your comprehensive plan. I believe that area will be more and more and more residential over time as uh master plan has stated. Uh that's probably the best land use you can have there uh with some local retail that serves it. Um I also um believe that this is not a hightraic site uh for a variety of reasons. The configuration, the size is is is a factor. Uh the fact that it has a private access um privately owned land with mutual uh what do you call them? Reciprocal apps reciprocal access agreements to get in there. Makes them shared, makes them uh more constrained and frankly imposes a hell of an inconvenience on the shopping center owner who is just before me. I I really think it's grossly unfair to impose that kind of a use in that reciprocal easement. And if I were them, I'd probably be thinking about suing the violator. Um the revenue case of the city is not

all that great. The the existing decal assessment of this site is 3.9 million. The Quick Trip on Forest Lane um is 2.6 million. It's not a new one. Uh I don't know what it is right out of the box. I'm sure they expect to spend four or five million and probably it's worth more but the assessment of that particular one is 2/3 of the existing I remind you there's no gasoline station no pardon me there's no sales tax on gasoline the sea store does generate sales tax I don't know what proportion of grocery that is exempt sales than the whole I don't know what the total sales are but it takes a little bit of speculation to say that the that the the sales taxes are going to make up for the loss in property taxes, which is to all of the taxing entities. Uh it's redundant. There's a sea store without alcohol at Spring Valley. There's two more sea stores at LBJ and Midway. There's Sam's. Uh and also, I don't like the uh idea of alcohol sales there. Thank you very much for your time. Sorry to officially open the public hearing.

Sure. Yeah. You know, whenever time. Okay. Okay. Next is Kelly Joe Sans. Good evening. My name is Kelly Joe Sans at 7206 Aelia Lane, Dallas, Texas 75230. I'm a mom. Can I guess you hold just one moment, please? I'm sorry. You need to officially like announce that we're holding the public hearing. Okay.

My apologies. Council advises that I've made a blunder in the proceedings. uh we need to officially open the public comment even though we've already had some some speakers. So at 7:42 we are now officially opening public comment. That doesn't invalidate the things that were already said. We those are on the record. Um but council has Should I start over? Yes, please. And if you could please restart our clock.

Okay. Good evening. My name is Kelly Josan, 7206 Ailia Lane 75230. I'm a mom of three boys, two of which attends school in your community. My oldest son attends Parish and my youngest attends PHPS where I'm also representing the school as vice president of the board. Not surprisingly, both of those school logos were absent from the slide shown to you earlier. I'm here to once again strongly oppose the multiple exceptions that this development requires. My concerns really come down to three simple points. This project is not necessary. It is not additive and it is certainly not appropriate. First, it is not necessary. Within less than a half a mile to the south, there are already three gas stations that I drive past every day with more than 50 fuel bays serving this corridor. And there are more in the other three directions. Residents and commuters already have ample access to fuel and convenience stores. Adding another does not fulfill a need in this community. It is simply duplicating something that already exists in abundance. And despite their description of the footprint, 20 bays is extremely large. For comparison, it is the same size as Walmart's down the street. Second, it is not additive to this community. This development does not bring a service that improves the quality of life for residents. What it will add is traffic. Many of us already experience congestion at this very intersection. Personally, I sit through two left turn signals every day in my morning commute. A high volume convenience store and gas station is literally designed for constant vehicle turnover. Cars entering and exiting, delivery trucks and fuel tankers. This will only intensify the congestion. There is also a median on Alpha as has been described. So, I'm perplexed how anyone would even turn around without entering either a fire lane or going to the private road Sigma and turning around, which is another busy intersection for our student drivers. In contrast, the current tenant, Learn, Play, and Grow, serves children with special needs. This type of organization is the kind of establishment that strengthens a community, one that

supports families and this complements the nearby schools. Finally, this project is certainly not appropriate for this location. The site is designed for highdensity residential use under this city's own comprehensive plan. In order to build this gas station, QT must request multiple exceptions, including a special permit to sell alcohol 24 hours a day, 7 days a week. This proposed station would sit nearly 375 ft from parish. The city requires alcohol retailers to be at least 300 feet from schools, but Texas law allows them to be extended to 1,000 ft for a reason. And I think the reason all of those examples up on the screen with the disclaimer that they were under 1,000 ft is very purposeful. Placing a 24-hour alcohol retailer this close to children should not sit well with this council. A picture in your packet literally illustrates how close this is to our children's soccer field. An aerial view can't be captured without capturing it clearly as well. And finally, this proposal was already voted down once with strong opposition. Honestly, when a project requires multiple exceptions to the city's own rules, sits virtually on top of a school, and doesn't serve any real need, that's simply the wrong project or some vested interest at heart. Thank you.

Thank you.

Next, Brian Bogart. Brian Bogard, 30 6941 Gate Ridge Drive, Dallas, Texas, 75254. Thank you for your time this evening. I just want to share a story with you. I wasn't sure if I was going to come and talk today or just listen to the case for or against the uh the the quick trip. I do have two children at parish, 14 and 12. I recently I just brought this because I wanted to share it with you on March 5th. Stopped at a quick trip I think relatively close to and not all Quick trips are the same. Not location the same. I understand that. Stopped in a quick trip, got gas, went inside to get a drink and while I was there, there were some people at the front of the counter with a bunch of groceries and the line was backing up and then a scene kind of ensued where another person came in and created a little bit of a scene. And the person that was up grabbed all of their stuff and ran out. The cashier asked me, I was the the furthest in the back. It's like, "Stop that, man. Stop that, man." I thought he'd left some money or something. So, I was like, "Sir, you know, the cashier is calling for you." He said something to me that I will not share here, but at the same time, the gentleman who caused the scene grabbed a bunch of his goods and left the other side. I didn't know what happened. And so I when I got to the front, the cashier just kind of went back to doing his thing. And when I got to the front, I asked the cashier. I was like, "What? Did those people just rob the store?" And he was like, "Oh yeah, it happens two or three times a week." That's when I decided I needed to come and say something. This store is is it's store number 01900, very very close to Parish, right down uh Alpha Road. And again, I know they're not all the same, but this was something

that the fact that we had that it happened and the there was no security. There was nothing there. I'd love to see a security report or, you know, maybe a a shrink analysis of losses from theft and what Quick Trip is trying to do to keep that from happening and to protect our children. Our children are very close to the to the to the store, the proposed site. So, I'd love to see, you know, what are they doing to help stabilize that type of of environment and to protect the kids because these two people just ran out and it was again, it was something I'm I'm not accustomed to. So, I didn't know how to react, but it was something that according to the cashier to a a Quick Trip employee, it's something that happens quite frequently. So, I'd just love to know a little bit more about what they if this is approved, what they're going to do to help protect our children that are that close. Thank you.

Thank you. That is our last speaker. We have

we can the quick trip representative is happy to talk about theft or the traffic stuff. uh our traffic engineers here. Yeah, there's somebody in the public who wants this. Um I if you could please fill out a form for me. I did. Did I Did I receive it? I gave it to I apologize if it got misplaced. I've called all the names that I've received. Okay. My apologies. I don't know what happened. Please proceed. Okay.

Thank you, uh, Mr. Chair, members of the commission. My name is Chris Bowers and I'm with the Suster Law Group and I represent Robati Investments, which owns the property at 4205 LBJ, which is in Farmers Branch. And I am here today to uh give you reasons to deny this request. Uh, as you've heard, this request was denied nine months ago. So, it's hard to know exactly why the council did that, but many reasons were given then as well as now, including the fact that uh sometimes these stores do attract criminals or vagrants. Sometimes students at nearby schools may be attracted to the beer, wine, or tobacco products. Uh, a reason given is if Quick Trip ever were to leave the another operator could sell the same products. Uh, another reason was that the traffic congestion would be significant. And I want to talk just very briefly about truck traffic. Quickrip needs tanker trucks and these are very big trucks. And if you take a look, there are only two entrances for these trucks to enter on these properties. And both of those entrances are narrow. And so those tanker trucks cannot turn in to the property from the nearest lane. They're going to have to turn from the middle lane or even possibly the far lane in order to turn into this uh the narrow driveways and that's going to create some substantial traffic congestion. Another reason given why this uh proposal was rejected was that it was not consistent with your comprehensive plan. And I would just say why even have a comprehensive plan if you're not going to follow it? That plan is supposed to guide your decisions. And so one other reason that was given was the concern that this property would

otherwise be blighted. And last uh when it was considered in the spring, it was empty. Now it does have a tenant. And so that fear has not come to pass. And so for all of those type of reasons, what has changed in the last nine months? Nothing from a land use perspective. It would be proper to come back if the property owner had bought an adjacent property and now we had a larger property to look at, but this is the exact same application in front of you. And so I would urge you to make the same decision. Thank you.

Thank you. We have one more. Two more. We have two names on one sheet. Joseph and Stella Cavalier. Hi. Hi. Uh, my name is Joseph Cavalier and I live at 4071 Alpha Road, uh, Farmers Branch. And, uh, we, um, uh, go to Parish, but we also, uh, live in Cambridge Crossing, which is, uh, my daughter's windows about, um, 1,000 ft from, uh, the proposed site. So, I think that she'd like to, uh, have a little moment.

Um, hello, my name is Doug Cavalier and I am a student at Parish Episcopal School. I wanted to speak because this goes um this gas station would be very close to my school and my house. Right now, the area around our school is usually quiet at night. I can hear almost everything in my room when people walk by at night. I can hear them talking while they walk by and I will hear that way more if this station comes in the shopping center. If a gas station is open all night and selling alcohol, there will be there there will probably be a lot of a lot more people coming and going late at night. That makes me worried and about safety for students and families. Our school and neighborhood are places where kids should feel safe. I hope you think about the students um who you are who go to school nearby and say no to this project. Thank you for listening. Thank you. Next is Emily Chararma.

Good evening. Thank you for giving me a chance to speak. I apologize for no formally written down remarks. I was not aware of this until last minute. I come to you to speak to you as an educator. I have worked with teenagers for 23 years and no one has mentioned the teenagers that are at the center of this location who wait for the school bus at this stop. If you drive by early in the morning on the way when it's still dark for much of the year, there are kids exactly where big trucks will be pulling in, exactly where increased traffic will be coming. It is not the place to have someone squealing around that corner and coming and going like you do in the mornings if you're stopping at a convenience store when the school bus signs are out on that street force people to stop. It's already hard enough to get them to increased traffic is going to make that even harder. I think the comparisons to Dallas stores and how things work elsewhere is not the best point to use. I personally moved up here from the uptown West Village area and have loved being in Farmers Branch because it's different because we're the city in the park and we have all these different aesthetics around us. So, those are two reasons that I'm concerned. Um, also I have a teenager of my own. I live in all of those pictures. I'm right outside of the 300 foot line in the Cambridge crossing area and my son walks to the businesses that are right around the proposed site and I don't think I'd feel comfortable with him doing that in the same way which infringes on kind of his lifestyle and what we loved about this neighborhood. And finally, the remarks about Sigma Road and that being the cutthrough. That is absolutely where cars will be turning around. That is a very dangerous street to have high not even high traffic just any more traffic than we have already. I typically drive 15, 20 miles an hour on that road because I've had so many kids walk in front of the car, strollers, families. It's just it's not that QT is not bestin class of what they do. It's just that it's not right for this exact

spot. So, thank you for listening to these comments. Thank you. No further comments. Uh I I think the applicant did want to make some final comments and we'll give you a couple of minutes for that.

Well, if if there are questions, the quick trip representative can certainly talk about um theft. I can't speak to that and our traffic engineers here. I'll I'll just go through some of these quickly. If the traffic was so bad, the city would have required the traffic study. It wasn't required. We did it anyway. Um and this is a busy thoroughare. Nobody's saying that. That's typically where gas stations go. Mr. Bowers is representing a gas station. 4205, that's the Exxon. So, you know, I mean, good for the goose, good for the gander. Um, I don't think cities should regulate the number of of uses. You know, there's a site just north of city hall in Fris where Waterburger, Wendy's, and McDonald's are all adjacent to each other. You know, I mean, Hoteling's law tells us that, you know, merchants are going to by the end that, you know, he had the two ice cream shops by the end of the summer, two would be next to each other. You know, we're the best operator, though. And we're the only one in your city limits. We can argue about the land use thing, but you've got two large multif family people that are the largest investors that think this is a good use. Uh, and provided support, plus a number of the merchants there, too. So, this is a changing area. Um, I just think this is a neighborhood services use. Um, uh, you know, that drive, it's a shared access drive with a fire lane. It's not a private street. Private street seems to indicate that like no one uses it. And we can come in that way with our fueling trucks. If the city had asked for the turning radius and all that stuff, we may have supplied that. We did. We supplied all that stuff. We can make it. The people that drive the fuel trucks, they do it every day. And there's other sites that that are tighter. These are just sort of, you know, we're aware at every store they're different. I mean, not every site's three acres. We don't want three acres. This is about right. Um, you know, uh,

you know, this is And then the last thing, yes, we asked before, but in Texas, you can ask every year for a zoning change where all we're doing is exercising our rights. I don't know why we should be, we're not breaking a rule. We're just asking and we think this is a reasonable land use. I'll point out the letter from Adam Richie. He was the previous owner of the site that sold to the Ferrises and had a meeting with him. He sent you a letter that said this was never a good retail corner. That's the reason he sold it. He had high hopes about it being and he settled for a bank. That bank never performed well. The only reason there's a tenant in there, they're essentially not paying rent. Um, you know, the the bank's still paying rent, you know, so um, you know, I don't think this is contributing. Um, so I I know this is a hard decision. Um, that's why you get the free box lunch. Um, uh, but there's 190 stores. I could have picked other ones. I picked Walkahhatche and Plano and other jurisdictions. I did not pick just all city of Dallas ones, you know, but there are plenty of ones. Um, where they're, you know, where it's quick trip. There's lots of other ones for other operators, too. But I only did that. So, again, the last thing I'll say is, you know, we're we're we're happy to agree to, you know, making the beer and wine sales accessory to the main use. I mean, if there are other compromises that you think are reasonable, you know, that's we'd certainly listen. But we, you know, we believe we can deliver the nicest gas station that you can get. I I understand. I've done this for a long time. Um, you know, nobody's probably going to win an architectural award for it, but you do have to have them. If you're going to have one, you ought to have the nicest one, and that's the kind of community this is. That's why they want to have another store here. This is an important community for them to be in. So, happy to answer questions or

comments. Thank you very much. Any more questions from the commission? Thank you for your time. Thank you. Okay. Do we No further questions or comments? Do we have a motion to close the public hearing? I'll make a motion to close the public hearing. I'll second. Have a vote. All in favor of closing the public hearing. Meeting public hearing is closed. Do we have a motion regarding the two items on the agenda? Can I still ask a question of Brett?

Are you familiar with that framework that he put in front of us as far as tying the approval of alcohol sales as an accessory used to service station that can then be tied to an operator? That's not something that I've heard of. Okay.

U in the framework of what we're looking at tonight, the request came in. It's fairly black and white. The application was filed for alcohol, beer, and wine sales on this property. It's a it's a yay or an. So, if if there is such a framework, we wouldn't be able to pivot to that. We have to review the application that's before you that was applied for. So that's just an up or down vote. Sure.

I'll make a motion uh to approve this as presented. We have a motion to approve. Do we have a second? I'll second. And just for clarity, uh this is for both both cases if you both cases D1 and D2.

Okay. Then we take it to a vote. All those in favor of approving items D1 and items D2 on the agenda, please raise your hand. One, two, three. In favor. All those opposed. One, two, three. So, we send it to the council with a tie recommendation and this will go to council on April 7th.

Okay. Close for the future. Is that on the regular agenda or just a study session? That's just then the meeting is concluded. 8:03 p.m. Thank you. Thank you.