8. Consider an ordinance to rezone the property described as Lot 10R1 Block 6 Bedford Meadows Addition, located at 2815 Central Drive, from Heavy Commercial (H) to Heavy Commercial/Specific Use Permit/Indoor Amusement Center. (PZ-SUP-2022-500031) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 4-0-0) (This item was tabled at the June 14, 2022 Council meeting.)

[8. Consider an ordinance to rezone the property described as Lot 10R1 Block 6 Bedford Meadows Addition, located at 2815 Central Drive, from Heavy Commercial (H) to Heavy Commercial/Specific Use Permit/Indoor Amusement Center. (PZ-SUP-2022-500031) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 4-0-0) (This item was tabled at the June 14, 2022 Council meeting.)]

WE'RE GOING TO CONSIDER AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED AS LOT TEN R ONE BLOCK SIX BEDFORD MEADOWS ADDITION LOCATED AT 2815 CENTRAL DRIVE FROM HEAVY COMMERCIAL TO HEAVY COMMERCIAL SPECIFIC USE PERMIT INDOOR AMUSEMENT CENTER.

THIS ITEM WAS ORIGINALLY PRESENTED TO COUNCIL ON JUNE 14TH AND IT WAS TABLED AT THAT TIME.

SO WE'D LIKE TO WELCOME BACK OUR PLANNING MANAGER, WES MORRISON.

THANK YOU, MR. MAYOR. COUNCIL MEMBERS.

WHAT I'D LIKE TO DO IS JUST KIND OF GIVE A REAL QUICK RECAP OF THE REQUEST.

AND THE APPLICANT HAS SUBMITTED SOME DOCUMENTS TO ADDRESS SOME OF COUNCIL'S CONCERNS FROM THE LAST MEETING.

SO I'LL LET HER COME UP AND KIND OF GO INTO DETAIL WITH THOSE.

JUST A REAL QUICK RECAP.

THE PROPERTY IS LOCATED IN AT CENTRAL CENTRAL AND HARWOOD PREDOMINANTLY NO IS A BIG SHOPPING CENTER.

THE REQUEST IS IT IS ZONED HEAVY COMMERCIAL.

THE REQUEST IS TO ALLOW AN INDOOR AMUSEMENT USE WHICH REQUIRES AN SUP IN PER THE ZONING ORDINANCE.

THE PROPOSED INDOOR AMUSEMENT IS TO ALLOW CUSTOMERS TO SPLATTER PAINT ON CANVAS AND SMASH BRICK WALLS AND ELECTRONICS.

[00:50:05]

AND IT ALSO INCLUDES A PARTY ROOM FOR BIRTHDAYS AND OTHER CELEBRATIONS.

THE REQUEST COMPLIES WITH THE FUTURE LAND USE DESIGNATION OF COMMERCIAL AND COUNCIL'S LAST MEETING.

THERE WAS CONCERN REGARDING NOISE, POSSIBLE NUISANCES TO SURROUNDING BUSINESSES AND THEN SOLID WASTE CONCERNS WITH DEPOSIT OF OR DISPOSAL OF THE ELECTRONICS AND OTHER THINGS THAT WOULD BE SMASHED.

WITH THAT BEING SAID, I'M GOING TO LET THE APPLICANT COME UP UNLESS COUNCIL HAS QUESTIONS DIRECTLY OF STAFF AT THIS POINT.

I FEEL LIKE THE IS PROBABLY BETTER TO EXPLAIN THEIR PROPOSAL AND AND HOW THEY'RE GOING TO ADDRESS SOME OF COUNCIL'S CONCERNS.

VERY GOOD, MA'AM, IF YOU DON'T MIND INTRODUCING YOURSELF WHEN YOU COME UP.

WELCOME BACK. MY NAME IS SUSAN LINDER.

THESE ARE THE ITEMS THAT WE PRESENTED FOR HIM.

THEY WERE PUT YOUR CONCERN ABOUT THE NOISE UNDERNEATH THE SPOOL, WHICH IS THE ITEM THAT WILL PEOPLE THE TABLE ITEM THAT PEOPLE BREAK ITEMS ON.

WE'LL PUT RUBBER UNDERNEATH THAT.

SO THAT'LL HELP ABSORB THE NOISE AS IT GOES DOWN.

THE SECOND PICTURE KIND OF SHOWS YOU WHAT THE ROOM WOULD BE SET UP.

LIKE WITH THE BACK WALL WILL BE A CINDER BLOCK WALL OR A CEMENT BLOCK WALL.

THAT ITEMS CAN BE THROWN AT THAT WALL WILL NOT BE TOUCHING ANY WALLS EXISTING IN THE BUILDING.

SO THERE SHOULDN'T BE ANY NOISE TRANSFERENCE.

THE WALLS WILL ALSO HAVE I'VE DONE A LOT OF RESEARCH ON THAT AND I'VE PRESENTED ANOTHER PICTURE THAT Y'ALL MIGHT HAVE THAT HAS THE SHOWS, HOW THERE'S AN EXISTING WALL.

THEN THERE WILL BE A GAP SPACE WITHIN STUDS WITH INSULATION INSIDE OF IT.

THEN TWO MORE ADDITIONAL, TWO MORE ADDITIONAL LAYERS OF SHEETROCK THAT'LL ADD A FACTOR IN THERE.

THE INSULATION WILL NOT BE NORMAL PINK INSULATION.

IT WILL BE LIKE A WOOL TYPE INSULATION AR 15, WHICH IS DESIGNED FOR ABSORBING FOR SOUNDPROOFING.

THERE WILL BE A CEILING THAT'LL ALSO HAVE THE SAME INSULATION, SO THE ROOM WILL BE SELF CONTAINED.

THERE WAS CONCERNED ABOUT NOISE TRANSFERENCE ON THE CEMENT FLOOR.

SO OUR SOLUTION FOR THAT IS WE WILL PUT A SOUNDPROOFING BARRIER ON TOP OF THE CEMENT FLOOR AS A SUBFLOOR AND THEN PUT ANOTHER FLOORING ON TOP OF THAT.

SO THAT SHOULD ABSORB THE NOISE.

CAN'T GUARANTEE 100% OF THE NOISE WON'T TRANSFER, BUT IT SHOULD PREVENT MOST OF THE NOISE THAT ALL FOR TRANSFERRING.

WE WILL LIMIT THE ROOM, USE THE SMASH ROOM, USE TO ONCE PER HOUR AND THE TIME FRAMING FOR PEOPLE TO BE IN THERE IS USUALLY 2025 MINUTES UNLESS IT'S A PARTY AND THAT'S UP TO 45 MINUTES.

THE SMASHED ROOM SIDE WILL BE THE FURTHEST FROM CHESTER'S KITCHEN AND THE OPPOSITE BUILDING.

RIGHT NOW, THIS IS A VACANT SPACE, SO HOPEFULLY THAT SHOULD ALLEVIATE.

THERE'S JUST A DESIGN THAT SHOULD ALLEVIATE ANY OF THE NOISE TRANSFERENCE THAT WOULD COME FROM THE SMASH ROOM INTO THE SURROUNDING UNITS.

IF FOR SOME REASON THERE IS ANY PROBLEMS WITH THAT, THEN WE WILL READDRESS AND MAKE MODIFICATIONS TO THE ROOM SO THAT THERE IS NO TRANSFERENCE.

WE OUR GOAL IS NOT TO DISTURB OUR NEIGHBORS.

WE DON'T WANT TO DISTURB THEM AT ALL.

WE WANT TO HAVE A GOOD RELATIONSHIP WITH THEM AND WITH MYSELF ALSO BEING IN THE BUILDING.

I DON'T WANT TO HEAR THE SMASHING NOISE THE WHOLE TIME EITHER.

SO EVERYTHING WILL BE SOUNDPROOFED AS BEST AS WE POSSIBLY CAN TO AVOID ANY OF THE SOUND TRANSFERENCE GOING THROUGH.

AS FAR AS THE WASTE GOES, I NEVER GOT I NEVER GOT ANY RETURN INFORMATION FROM REPUBLIC.

SO I DID SPEAK TO SOME OTHER SMASHED ROOMS IN IN THE SURROUNDING CITIES.

AND WHAT THEY USE IS DFW RECYCLERS.

AND DFW RECYCLERS PREFERS TO HAVE THE ELECTRONICS WITHOUT ANY OF THE HOUSING WITH THEM.

THEY JUST WANT THE PRECIOUS METAL PARTS.

SO WHAT WE WOULD DO IS WE WOULD REMOVE ALL OF THAT STUFF OURSELVES AND TAKE IT TO DFW RECYCLING.

AND THEN THE HOUSING, WHICH IS JUST PLASTIC AND GLASS, WOULD GO IN WITH THE NORMAL TRASH BECAUSE NONE OF THE ELECTRONICS WOULD GO IN THE TRASH THAT WAY.

AND I BELIEVE THAT KIND OF ADDRESSED MOST OF THE ISSUES YOU ALL HAD.

OKAY. THANK YOU SO MUCH.

I CLEARLY WAS NOT AT THIS MEETING ON JUNE.

NO, YOU WERE NOT THERE.

YOU WERE NOT HERE. THIS IS NOT OUR NORMAL PRESENTATION.

SO YOU WANT ME TO EXPLAIN WHAT THE BUSINESS IS? WHAT THE HECK IS THIS? OKAY. IS THIS A NORMAL BUSINESS? YES. YES, IT IS.

IT'S. IT SOUNDS LIKE COUPLES THERAPY TO ME.

THE BUSINESS. THE BUSINESS IS CALLED SPLATTER AND SMASH THE SPLATTER ROOM.

I GATHERED THAT THE SPLATTER ROOMS WILL GO IN.

PEOPLE HAVE ACRYLIC PAINT FOR DIFFERENT COLORS.

THEY'LL TAKE PAINT BRUSHES AND SPLATTER PAINT ON CANVASES THAT THEY WILL TAKE HOME WITH THEM AFTER THAT.

THAT'S WHAT TWO OF OUR ROOMS WILL BE.

AND THEN WE'LL HAVE A PARTY ROOM WHERE PEOPLE CAN COME IN AND HAVE THEIR OWN PARTY.

BIRTHDAY PARTIES, EMPLOYEE PARTIES, THAT TYPE OF THING.

IS IT THAT BIG OF A SPACE? IT'S IT'S 5500 SQUARE FEET.

THE ORIGINAL PLAN IS THE PARTY ROOM WILL BE PRIVATE SMASHED ROOMS. THE SPLATTER ROOM WILL BE TEN BY 12 AND EIGHT BY 12.

AND THE PARTY ROOM, EIGHT BY TEN.

AND THEN THE SMASH ROOM WILL BE TEN BY 18 WITH THIS THIS WALL RIGHT HERE BEING THE SMASHED WALL.

AND THIS IS THE FRONT ENTRYWAY.

[00:55:02]

AND THEN THE SMASH ROOM.

THEY COME IN AND THEY'RE GIVEN, DEPENDING ON THE PEOPLE SET NUMBER OF ITEMS. MOSTLY IT WILL BE GLASS.

THEY'RE GIVEN ITEMS. THEY THEY PAY FOR THE TIME FRAME, THE 20.

AND THEN WE HAVE A LIST OF ITEMS THAT WE WILL GIVE THEM A BOX OF ITEMS, AND THEN THEY TAKE THEM LIKE GLASSES, PLATES, VASES, DISHES.

DO THEY WEAR PROTECTIVE? YES, THEY WILL HAVE WE HAVE HELMETS.

THEY'RE CALLED FORCE THREE HELMETS.

THEY'LL BE A HARD HAT WITH A MESH MASK ON THE FRONT.

AND THEN WE PROVIDE OVERALLS AND THEN THEY ARE REQUIRED TO WEAR CLOSE TOED SHOES THAT ARE NO CROCS OR ANYTHING LIKE THAT.

WAIVERS. WAIVERS WILL BE SIGNED PRIOR TO THEM COMING IN.

WE WILL HAVE OUR OUR LIABILITY INSURANCE.

AND AND THERE ARE OTHER COMPANIES THAT DO THIS.

THERE'S ONE IN ARLINGTON.

REALLY? YEAH. THEY'RE AFFILIATED WITH US.

SO THEY HAVE ESCAPE ROOMS. THERE'S ONE IN MANSFIELD.

THERE'S ONE IN FORT WORTH THAT DOES THE EXACT SAME THING WE DO.

THEY HAVE A PAINT ROOM AND A SMASHED ROOM.

IT'S JUST IT'S IT'S IT'S HAVE SOME FUN STUFF WITH MY OWN TV SET AND CHUNK IT AGAINST THE WALL.

WELL, WE DO ALLOW WE DO HAVE WE DO HAVE A BRING YOUR OWN BRAKE CABLES.

BUT THEY ARE LIMITED TO WHAT THEY CAN BRING IN.

NO, NO. EVERYTHING HAS TO HAVE BATTERIES ALREADY REMOVED.

THEY'RE RESTRICTED TO A MEDIUM SIZED MOVING BOX.

CAN'T BRING IN ANYTHING THAT'S FLAMMABLE.

SO WE DO HAVE A LIST OF RESTRICTIONS THAT THEY'RE NOT ALLOWED TO BRING.

AND WE DO GO THROUGH THERE.

ANYTHING THEY BRING IN.

THE VAST MAJORITY OF PEOPLE WILL COME IN TO BREAK WHAT WE HAVE AND FIGURINES, ALL SORTS OF LITTLE THINGS.

SO DO YOU HAVE ANOTHER BUSINESS LIKE THIS OR NO? THIS IS MY HUSBAND AND I HAVING PROBLEMS AT HOME AND THAT WAS JUST AN IDEA WE CAME UP WITH.

GOT IT. WORTHLESS RANGER BOBBLEHEADS.

I SEE A TEAM BUILDING OPPORTUNITY.

THE SPACE ISN'T BIG ENOUGH. THEY'RE REAL POPULAR.

THEY'RE REAL POPULAR VENTURES TO GO TO.

FASCINATING. OK WELL, I'M CLEARLY OUT OF TOUCH HERE, SO.

COUNSEL, ANY QUESTIONS FOR THE APPLICANT OR FOR WES? ANY COMMENTS? ANY SUGGESTIONS FOR MATERIAL? NO. OKAY. OKAY.

COUNSEL, WHAT IS YOUR INTEREST HERE? WHAT IS YOUR DESIRE? ANYONE WILLING TO MAKE A MOTION FOR SOMETHING? BECAUSE EVERYONE'S MICROPHONES ARE COUNCIL MEMBER.

WELL, I AM IMPRESSED THAT YOU'VE DONE WHAT YOU NEEDED TO DO.

YOU'VE CREATED A ROOM WITHIN A ROOM WHICH IS SHOULD HELP WITH THE SOUND.

BUT STAFF HAVE WE MET ALL THE RECOMMENDED CRITERIA AND ALL THE PROPER FILINGS AND DESIGNS.

BYE BYE PROPER.

AS FAR AS MEETING ANY TYPE OF BUILDING CODE.

WELL, I MEAN MATERIAL.

WE'RE MEETING MATERIAL CODE AND ALL THAT FOR FOR THIS TYPE OF APPLICATION.

THERE'S REALLY NOT A DEFINED BUILDING CODE THAT WOULD GO TO THIS TYPE OF USE.

SO IT'S REALLY AND STAFF ISN'T QUALIFIED TO STAND UP HERE AND SAY THAT THIS WILL NEGATE ANY TYPE OF SOUND OR OR ANYTHING LIKE THAT FROM TO THE ADJACENT NEIGHBORS.

SO THIS IS REALLY SOMETHING OUTSIDE OF OUR EXPERTISE, I WOULD SAY.

DO WE HAVE SOMEONE WHO IS THEIR EXPERTISE? DID YOU INTERVIEW OR DID YOU MEET ANY ENGINEER ABOUT THIS, A SOUND ENGINEER? OR IS THIS THINGS THAT YOU CAME UP WITH BY LOOKING AT OTHER OPERATIONS? I HAVE NOT TALKED TO ANY SOUND ENGINEERS.

WHAT I HAVE DONE IS DONE A LOT OF ONLINE RESEARCH AND VIDEOS AND STUFF LIKE THAT.

AND ONE OF THE MAIN VIDEOS I CAME ACROSS IS FROM A EXPERT IN THE FIELD WHO HAS PRESENTED A VIDEO ON HOW TO SOUNDPROOF A ROOM AND THE PLANS.

I CAME APART BASICALLY.

HE SAID THAT YOU COULD HAVE YOU COULD HAVE YOUR ROOM ON ONE SIDE AND PLAYING STAR WARS AT FULL VOLUME AND A PERSON ON THE OTHER SIDE SLEEPING.

AND THEY WOULD NOT BE ABLE TO HEAR IT.

AND BY DOING A LOT OF RESEARCH AND GOING THROUGH IT EXCUSE ME, LOTS OF DIFFERENT WEBSITES ON SOUNDPROOFING.

THE BEST WAY TO DO IT IS TO HAVE, LIKE I SAID, THE THE GAP BETWEEN THE EXISTING WALL AND OUR WALL.

SO THERE'D BE DEAD AIR SPACE THERE.

THEN YOU HAVE THE INSULATION WHICH WILL ABSORB SOME OF THE SOUND STUDS WILL BE 24 INCHES OFF CENTER.

YOU'LL HAVE A LAYER OF SHEETROCK AND THEN ANOTHER LAYER OF SHEETROCK ON TOP OF THAT WITH THOSE SEAMS OFF CENTER.

SO THEN EVERY LITTLE ONE CREATES A BARRIER FOR THE SOUND TO TRANSFER INTO THE OTHER SPACE, WITH THE DEAD SPACE BEING THE LAST BIT THERE AND MY DOING AGAIN, I HAVE NOT SPOKEN TO AN EXPERT AND I WILL, OF COURSE, AS WE DO THIS, GET WITH OUR CONTRACTOR.

BUT MOST OF THIS IS READILY FOUND ONLINE ON SOUNDPROOFING ROOMS. PEOPLE, YOU KNOW, MUSICIANS AND STUFF LIKE THAT GO THROUGH ALL OF THESE TYPES OF IDEAS, TOO.

THANK YOU. DID YOU RESEARCH WHAT OTHER FACILITIES ARE DOING TO SOUNDPROOF THERE? YES, MOST MOST OF THEM HAVEN'T GONE TO THE EXTENT WE HAVE.

I WENT THIS PAST WEEKEND.

MY HUSBAND, DAUGHTER AND I WENT TO A SMASH ROOM IN FORT WORTH AND I STOOD OUT THERE WHEN MY HUSBAND AND DAUGHTER WERE IN THE ROOM AND LISTENED AND I COULD HEAR QUITE A BIT OF

[01:00:03]

NOISE. BUT IN TALKING TO HIM, THEY DID ABSOLUTELY ZERO SOUNDPROOFING OTHER THAN A NORMAL WALL, AND WITH ALL THE THINGS THAT WE ARE PROPOSING THAT SHOULD CUT DOWN THOSE TYPES OF THINGS.

LIKE HE JUST HAS THE SAME FLOOR THROUGHOUT HIS WHOLE BUILDING WHERE WE PUTTING THE SOUNDPROOFING LAYER AND THEN ANOTHER FLOOR ON TOP OF THAT, THAT SHOULD HAVE ABSORBED THE NOISE. SO THERE WON'T BE ANY MORE SOUND TRANSFERENCE PASSING OUT THROUGH THE THE CONCRETE FLOOR, THE FACILITY IN ARLINGTON.

IS THERE A CHANCE YOU MISTOOK THAT FOR SMASHBURGER? I WISH THE ONE IN ARLINGTON AND FORT WORTH THERE, THEY HAVE ESCAPE ROOMS CALLED THE SECRET CHAMBER, I BELIEVE IT IS.

AND ONE OF THEIR ROOMS IS A RAGE ROOM.

THAT'S MY WIFE, ACTUALLY.

SHE'S DONE A GOOD JOB AT CREATING A ROOM WITHIN A ROOM TO DO THAT.

THAT'S EXACTLY RIGHT. YOU NEED TO CREATE THAT AIR SPACE TO MAKE SURE THERE'S NO FLANKING, THERE'S NO NOTHING.

MAKING SURE THAT THAT RUBBER BARRIER OR I'M TRYING TO THINK OF FOR DROPPING LOAD ON IT, ANYTHING THAT'S GOING TO HANDLE THAT LOAD AND THAT RUBBER OF THAT RUBBER MATERIAL THAT YOU'RE TALKING ABOUT, THEORETICALLY, IT'S GOING TO IT'S GOING TO WORK. IT WILL CHANGE THE SMASHING THING BECAUSE IT WON'T BE GOING STRAIGHT ON CEMENT.

BUT WITH THE FLOATING FLOOR, THAT'S GOING TO SORRY, THAT'S GOING TO DISPENSE IT.

BUT AGAIN, I CAN'T 1% SAY SOMETHING MIGHT NOT GO A LITTLE BIT, BUT IT SHOULD CUT DOWN MOST OF MOST OF IT.

AND I DO THIS EVERY DAY.

SO, YES, NO, I WON'T FORGET ANYTHING.

I'M NOT AN ENGINEER. I PLAY ONE ON TV, THOUGH, AND I STAYED AT A HOLIDAY INN EXPRESS.

EXACTLY. ALL RIGHT.

COUNCIL MEMBER STEVES.

I JUST WANTS THE WEST.

CAN WE REFRESH OUR MEMORY? DID YOU TALK TO THE NEIGHBORS? I MEAN, AND NOBODY REJECTED NOBODY.

WE DID NOT RECEIVE ANY LETTERS OF OPPOSITION AND OR CALLS OF OPPOSITION, TO MY KNOWLEDGE.

AND NOTICES WITHIN 200 FEET DID GO OUT.

NOW, I WANT TO MAKE SURE YOU UNDERSTAND THAT THAT'S NOTICES A PROPERTY OWNER.

SO SOME OF THE TENANTS INSIDE THE SHOPPING CENTER MAY NOT HAVE GOTTEN A NOTICE UNLESS THEY TALK TO THEIR LANDLORD.

AND THAT PROPERTY'S BEEN VACANT THERE, THAT THIS TENANT SPACE HAS BEEN VACANT FOR QUITE SOME TIME, I BELIEVE.

AND THEN THERE IS CURRENTLY ANOTHER VACANT SPACE ON THE OTHER SIDE, BUT MAY NOT ALWAYS BE VACANT.

RIGHT? SO. SO GIVEN THAT THE NOTICES WENT TO THE PROPERTY OWNER, DID YOU TALK DIRECTLY WITH THE ADJACENT TENANTS? I'D HAVE NOT. OKAY.

OH, LOOKS LIKE YOU DID.

I DID HAVE A CONVERSATION WITH THE PARTNER OF CHESTER'S KITCHENS.

THAT WAS WHILE HE WAS. WE WERE UP THERE LOOKING AT THE SITE AND HE WAS WORKING ON DREAM TACOS.

AND I DID TALK TO HIM AND HE WAS EXCITED.

HE SAID THAT THEY WERE REALLY EXCITED ABOUT THE IDEA AND THE CONCEPT AND HE'S LIKE, DO YOU NEED SOME OF OUR DISHES AND STUFF LIKE THAT? SO SO THEY DID NOT SHOW ANY CONCERN ABOUT ANY OF THE ISSUES.

AND AGAIN, IF THEY START COMPLAINING ABOUT IT, I WILL BE ON TOP OF IT TO MAKE ANY MODIFICATIONS.

AND HEAVEN FORBID IF THE WORST CASE SCENARIO HAPPENS, THEN WE WILL JUST SHUT DOWN THE SMASHED ROOM AND MAKE IT INTO ANOTHER ROOM.

WE APPRECIATE THAT DILIGENCE AND NOTHING FROM CITY MANAGER OK.

COUNCIL. I THINK WE LOST PARKER FOR MANY MORE BEFORE LONG.

NO, WE'RE GOOD. YOU SHOULD BE GOOD AT COUNCIL MEMBER GAGLIARDI LIKE TO MAKE A MOTION TO I'M GOING TO SAY MOTION TO APPROVE.

YOU KNOW, ALL THE DUE DILIGENCE AND.

THERE YOU GO. ALL RIGHT.

DO WE HAVE A SECOND? WE HAVE A SECOND.

COUNCIL MEMBER STEVES.

LET'S VOTE SLOWLY.

I'LL ABSTAIN. NO.

YOU'RE NOT GOING TO STAY. NICE TRY.

WE DISABLED THAT BUTTON, REMEMBER? YOU'RE UP. SO THAT IS A 5 TO 1 VOTE IN FAVOR.

SO I'M GOING TO SAY.

THANK YOU, MADAM APPLICANT.

GOOD LUCK AND STAY SAFE.

THANK YOU, STAFF. THANK YOU, COUNSEL.

I APPRECIATE THE DUE DILIGENCE THERE.

SO NEXT UP, WE HAVE NEW BUSINESS.

ITEM NINE IS A PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING A REZONING REQUEST FOR A 2.46 ACRES LEGALLY DESCRIBED AS LOTS 42 AND 43 OF THE J.R.

[9. Public hearing and consider an ordinance regarding a rezoning request for 2.460 acres legally described as Lots 42 & 43 of the J.R. Murphy Addition from Single-Family Detached R-15,000 (singlefamily homes on 15,000 square foot lots) to Single-Family Detached R-6,500 (single-family homes on 6,500 square foot lots). The property is generally located north of Bedford Road, south of Harwood Road, and west of Murphy Drive, and is commonly known as 2511 Murphy Drive. (PZ-PUD-2022-50048) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 6-1-0)]

MURPHY EDITION FROM SINGLE FAMILY DETACHED ARE 15,000 TO SINGLE FAMILY DETACHED ARE 6500.

THE PROPERTY IS GENERALLY LOCATED NORTH OF BEDFORD ROAD, SOUTH OF HARWOOD ROAD AND WEST OF MURPHY DRIVE, AND IS COMMONLY KNOWN AS 2511 MURPHY DRIVE.

SO ONCE AGAIN, WEST MORRISON THANK YOU, MR. MAYOR. COUNCIL MEMBERS, THIS IS A REZONING REQUEST FROM OUR 15 MINIMUM LOT SIZE TO 15,000 TO OUR 66,500 MINIMUM LOT SIZE OF 6500 BOTH FOR SINGLE FAMILY DETACHED HOMES.

THE THE REQUEST IS TO, LIKE I JUST SAID, THE REZONING REQUEST.

[01:05:05]

A LITTLE PIECE OF NOTE FOR YOUR BENEFIT IS THAT THIS REQUEST ORIGINALLY CAME IN AS A REQUEST PANSY THEIR FIRST PUBLIC HEARING.

THEY TABLED IT BECAUSE THEY WERE CONCERNED ABOUT LOT SIZE, DENSITY AND DRAINAGE IN THE AREA.

SO THE APPLICANT CAME BACK WITH A REVISED REQUEST AND MADE A RECOMMENDATION OF APPROVAL AND THAT'S BEFORE YOU.

TODAY FOR THE 65 FUTURE LAND DESIGNATION IS LOW DENSITY RESIDENTIAL.

THE CONFERENCE PLAN DEFINES LOW DENSITY RESIDENTIAL AS MINIMUM LOT SIZE 6500 OR LARGER.

SO THIS DOES COMPLY WITH THE CONFERENCE PLAN AND FUTURE LAND USE DESIGNATION.

A LITTLE BIT OF COMPARISON OF THE TWO ZONING DISTRICTS.

REALLY, THERE'S ONLY TWO MAJOR DIFFERENCES OR REALLY TWO DIFFERENCES.

ONE IS THE SIZE, AS I'VE ALREADY SAID, 15000 TO 6500.

AND THEN THE SECOND ONE IS MINIMUM FLOOR AREA OF THE DWELLING UNIT BUILT ON THE SITE.

IT'S 2000 UNDER ARE 15 AND 1200 UNDER ARE 65.

TO GIVE YOU AN IDEA OF WHAT THE SURROUNDING PROPERTY LOOKS LIKE.

THE THIS MAP KIND OF SHOWS THE RED BOX.

THERE IS THE PROPERTY IN QUESTION.

THEY'RE PROPOSING 6500 IS SAID.

THE PROPERTY TO THE NORTH IS IN THE GREEN.

KIND OF THE LIGHT GREEN BOX IS A DEVELOPMENT THAT WAS APPROVED BACK IN 1991 FOR MINIMUM SIZE OF 7200. JUST SO YOU KNOW THAT THAT PROPERTY HAS NOT DEVELOPED IN THAT WAY.

IT'S STILL TO RULE LOTS THERE, BUT THE ZONING IS APPROVED.

THEN FURTHER TO THE NORTH AND THE KIND OF THE FORCE GREEN BOX THERE IS THE LOT THAT WAS OR SUBDIVISION THAT WAS APPROVED FOR MINIMUM LOT SIZE OF 7200.

FURTHER TO NORTH IN THE PURPLE BOX IS LOTTE SIZE 13 LOTS THAT WAS APPROVED FOR 5500 SQUARE FEET.

AND THEN THE REMAINDER IS GOING TO BE AR 75 OR 15 TO THE EAST WEST AND THEN OUR 15 TO THE SOUTH.

ONE THING THAT CAME UP A LOT AND WAS HEAVILY DISCUSSED IN P AND Z.

SO I WANTED TO SHARE IT WITH COUNSEL AS WELL, AND THAT'S DRAINAGE.

SOME OF THE COMMENTS THAT CAME UP FROM THE PUBLIC HEARING FROM SURROUNDING AREAS FOR SURROUNDING NEIGHBORS WAS WHERE'S THE PROPERTY GOING TO DRAIN? THIS IS JUST A ZONING REQUEST TONIGHT, SO WE CAN'T REALLY GET INTO THAT.

WE DON'T HAVE DETAILED DRAINAGE PLANS, BUT BASED ON WHAT THE APPLICANT HAS PROVIDED, THE RED BOX AGAIN SHOWS THE PROPERTY.

IT SHOWS AFTER DEVELOPMENT.

THOSE ARROWS POINT TO WHERE WATER SHOULD FLOW AFTER DEVELOPMENT.

THIS IS ALL BASED ON PRELIMINARY DRAINAGE AND THEN STAFF WENT AHEAD AND SHOWED YOU WHERE EXISTING UNDERGROUND STORM DRAIN IS AND OPEN CHANNELS ARE. SO TALKING TO THE APPLICANT'S ENGINEER.

WE'RE MAKING AN ASSUMPTION RIGHT NOW WITH DRAINAGE, AND THAT'S ALL WE CAN MAKE RIGHT NOW BASED ON WHAT THEY'VE GIVEN US.

ONCE, IF THIS IS APPROVED DURING THE PLANNING STAGES AND THE INFRASTRUCTURE REVIEW, THAT'S WHEN WE'LL LOOK MORE DETAILED, MORE DETAILED AT DRAINAGE.

BUT THE POINT OF THE QUESTION IN WHAT P AND Z WAS CONCERNED ABOUT IS ONCE IT GETS ONCE IT LEAVES THE PROPERTY, WHERE IS IT GOING TO GO AND HOW IS THAT GOING TO AFFECT SURROUNDING NEIGHBORS? AND SO WHAT I TOLD THEM, AND I'LL SAY AGAIN TONIGHT, WAS THAT DURING THE PLANNING STAGES AND THE INFRASTRUCTURE PLAN STAGE, WE WILL LOOK AT WHERE THAT WATER IS GOING AND HOW TO GET IT TO EXISTING INFRASTRUCTURE.

AND IF THAT MEANS THE DEVELOPER HAS TO GET OFF SITE EASEMENTS, DO OFFSITE IMPROVEMENTS, THAT MAY BE THE CASE.

BUT AGAIN TONIGHT, WE'RE NOT DECIDING THAT.

WE'RE JUST REALLY LOOKING AT WHAT'S THE LOT SIZE AND IS IT COMPATIBLE WITH THE SURROUNDING AREA.

WE NOTIFY PEOPLE WITHIN 200 FEET OF THE APPLICATION.

THAT WAS ABOUT 3030 ADJOINING PROPERTY OWNERS.

WE POSTED A SIGN ON PROPERTY AND WE POSTED OR WE ADVERTISED IN THE NEWSPAPER.

WE DID RECEIVE ONE RESPONSE BACK THAT WAS AN ADJACENT PROPERTY OWNER WHO WAS CONCERNED WITH THE DRAINAGE AND P AND Z CONDUCTED THEIR PUBLIC HEARING.

LIKE I SAID, AFTER THE SECOND TIME AROUND, THEY DID ASK THE APPLICANT TO RECONSIDER GOING FROM THE PAD TO A LARGER LIGHT.

AND SO THE APPLICANTS COME BACK WITH THIS APPLICATION TONIGHT TO THE AR 65, CAN ANSWER ANY QUESTIONS YOU MIGHT HAVE.

ALL RIGHT. THANK YOU. WITH A QUESTION.

SO WHAT REQUIREMENTS CAN WE IMPOSE ON THEM ON THE DRAINAGE WHEN THE RIGHT TIME COMES BEFORE YOU? WE WILL. IT'LL BE DURING THE PLANNING STAGES AND THAT'LL BE DURING.

WELL, I MEAN, WHATEVER OUR SUBDIVISION ORDINANCE REQUIRES AND WHATEVER STAFF SAYS IS NORMAL COMMON ENGINEERING PROCEDURES IS WE'LL TELL YOU RIGHT NOW, DRAINAGE IS A MAJOR ISSUE TO ME. I UNDERSTAND.

AND IT WAS TOO PANSY TO CARELESSLY APPROACH THIS GOING FORWARD.

SURE. NO, WE UNDERSTAND THAT.

AND AND I'VE ALREADY TALKED TO CHERYL ABOUT THAT CITY ENGINEER.

AND WE WE KIND OF WHEN WE DID THAT ONE GRAPHIC, WE BOTH TALKED ABOUT THE NECESSARY NEED FOR AT

[01:10:10]

LEAST OFFSITE EASEMENT, IF NOT OFFSITE IMPROVEMENTS TO MAKE SURE WE DON'T HAVE ANY DRAINAGE ISSUES.

SO THE DISCUSSION AT P AND Z WHERE THE APPLICANT HAD AN INITIAL APPLICATION AND REVISE THE APPLICATION, DID HE ADDRESS ALL THE CONCERNS AT PAG? YES. YES.

THE LIKE I SAID, THE PRIMARY CONCERNS WERE DENSITY WHICH THEY THOUGHT THEY WERE CONCERNED ABOUT.

DENSITY IN THE PAD THAT THAT WAS ORIGINALLY PROPOSED HAD A LOT COVERAGE THAT AGAIN LED TO THEIR CONCERN OVER DRAINAGE.

AND SO P AND Z SPECIFICALLY ASKED FOR LARGER LOT AND TO DO A CONVENTIONAL ZONING.

AND THAT'S WHAT THE APPLICANT CAME BACK WITH.

AND SO I MISSED THAT SLIDE.

SO HOW MANY HOW MANY LOTS ARE THERE GOING TO BE ARE 6500? I'M GOING TO I MEAN, IT ALL DEPENDS ON ENGINEERING, I WOULD GUESS PROBABLY AROUND 12.

BUT THAT'S AGAIN, WE'RE GOING TO KNOW MORE OF THAT WHEN WE GET INTO ENGINEERING AND LOT LAYOUTS SPECIFIED SPECIFY RIGHT INITIALLY CAME RIGHT COUNCIL MAYOR PRO TEM WHAT'S HOW SANDERSON COURT HAS HOW MANY HOUSES OVER THERE IS THAT 1107 COURT IS THE ONE IN THE SO THAT'S 13 LOTS.

I BELIEVE THAT'S 13 LOTS, YES.

SANDERS THAT'S NOT ALL. SANDERS YEAH.

AND SO THERE'S 13 HOMES THERE.

AND DO THEY HAVE A RETENTION POND? THEY DO HAVE A DETENTION POND IN THERE.

AND AGAIN, THAT'S ONE OF THOSE AND I DID SOME RESEARCH.

IT ESSENTIALLY DRAINS INTO THAT LOT BETWEEN I DON'T HAVE A POINT ON THIS BETWEEN THE PURPLE AND GREEN.

I THINK IT DRAINS INTO THAT LOT.

SO. AND SOMEONE OWNS THAT AR 15.

YES, MA'AM. AND.

SO RIGHT NOW WE'RE USING IT FOR A DETENTION.

BUT IT'S ONE OF THE THINGS.

THERE'S NOT ANY OFFSITE EASEMENTS ON THAT.

SO THAT'S ONE OF THE CONCERNS.

AND THAT LED TO THE CONCERN OF STAFF TALKING ABOUT THIS APPLICATION AND MAKING SURE WE DON'T CREATE THE SAME ISSUE SO THAT THAT PROPERTY BETWEEN THE PURPLE AND THE GREEN, IT'S ONLY BIG ENOUGH FOR ONE HOUSE.

IT'S ZONED AR 15.

AND I BELIEVE, IF I'M NOT MISTAKEN, THAT'S A TWO ACRE LOT.

IF I'M NOT MISTAKEN, I'M GOING OFF MEMORY, SO FORGIVE ME IF I'M A LITTLE BIT OFF, BUT SO IT'S 15,000 NOW.

THEY'D HAVE TO BUILD INFRASTRUCTURE TO SERVE AN ADDITIONAL LOT, BUT RIGHT NOW IT JUST HAS ONE SINGLE FAMILY ON IT.

OKAY. THANK YOU. COUNCIL MEMBER GAGLIARDI.

ALL RIGHT. SO CLEARLY WE'RE ALL CONCERNED ABOUT DRAINAGE, RIGHT? SO IF WE APPROVE THIS TODAY AND THE DRAINAGE ENDS UP AFFECTING THE NEIGHBORS NEGATIVELY, DO WE HAVE A MECHANISM? TO HALT THE DEVELOPMENT IN ANY WAY.

WHEN WE GET TO A CERTAIN POINT, WE'RE LIKE, HEY, IF WE DEVELOP THIS LAND, IT'S REALLY GOING TO IMPACT THESE SURROUNDING PROPERTIES.

THEN WHAT DO WE DO? ARE WE LIKE, OH, WELL, YOU ALREADY APPROVED IT.

TOO BAD. SO SAD.

I MEAN. YEAH, I DON'T KNOW.

DO YOU WANT TO WRITE? SO I CAN I CAN WEIGH IN ON THIS A LITTLE BIT.

SO THE ENGINEERING ASPECT OF THE PLAT REVIEW IS INTENDED TO ENSURE THAT NO MORE WATER IS DISCHARGED FROM THIS PROPERTY THAN HAS DONE SO AT PRE-DEVELOPMENT STAGES.

ALL WE CAN DO IS REVIEW THEIR ENGINEERING WORK TO VERIFY WHETHER IT'S SEALED AND DONE PROPERLY.

IF WE DETERMINE THAT THE INFRASTRUCTURE IS IMPROPERLY CONSTRUCTED, WE CAN WITHHOLD ADDITIONAL BUILDING PERMITS AND REQUIRE THEM TO FIX IT. SOMETIMES I JUST WANT TO BE CLEAR.

I MEAN, SOMETIMES IT'S DIFFICULT TO GET TO THE BOTTOM OF WHAT'S CAUSING THE DRAINAGE IF IF THE DESIGN ENGINEERING PLANS ACTUALLY PENCIL OUT APPROPRIATELY. BUT THAT'S THE THAT'S THE PROCESS WE REVIEW AND MAKE SURE TYPICALLY IT'S A CONSTRUCTION ISSUE AND HAS BEEN CONSTRUCTED IN ACCORDANCE WITH THE PLANS.

HAS WES, HAVE YOU OR HAS ANYONE SEEN A SITUATION TO WHERE COUNCIL'S APPROVED A SMALL DEVELOPMENT AND THEN GO THROUGH THE PLANNING PROCESS AND I DON'T KNOW HOW ARE THE AND THEY LOOK AT THE DRAINAGE STUDIES AND IT DOESN'T WORK OUT.

HAS THAT EVER HAPPENED? AND YOU'RE LIKE, WELL, THEN WHAT DO YOU DO? I HAVE. AND THE REMEDY WAS THAT THE DEVELOPER LOST A LOT, LIKE ONE LOT, I MEAN, LIKE A SINGLE LOT.

AND THAT'S WHY WES WAS SAYING 13, LIKE I THINK THEY REQUESTED 13, BUT BECAUSE OF THE TOPO AND EVERYTHING, THEY MIGHT ONLY GET NINE OR TEN LOST ONE LOT.

THANK YOU. YES, I SHOULD HAVE SAID THAT MORE CLEARLY.

THANK YOU. HE'LL BE HERE ALL NIGHT.

FEEL FREE TO TIP YOUR WAITRESS.

YEAH. REALLY? YEAH. THEY'LL NEED TO DEDICATE AS MUCH LAND AS IT TAKES.

[01:15:01]

AND THAT BEING SAID, WE CAN MAKE SURE THAT THE PROPER DUE DILIGENCE IS DONE IN ORDER TO ENSURE THAT WE DON'T DISPENSE ANYMORE WATER. RIGHT.

AND THAT'LL THAT WILL OCCUR AT STAFF LEVEL TO GET COMFORTABLE WITH THAT.

THAT'S RIGHT. THAT'S RIGHT.

WE JUST TO WE AND WE HAVE IS A PROFESSIONAL ENGINEER AND SO WE HAVE PEOPLE ON STAFF THAT ARE QUALIFIED TO DO THESE THINGS TO DO THE AMOUNT OF HIGHLY QUALIFIED. BUT WE DON'T DESIGN IT BECAUSE WE DON'T DESIGN THE PRIVATE INFRASTRUCTURE.

YEAH, BUT WE LOOK AT IT BUT WE REVIEW IT, WE HAVE LOOK AT IT AND SAY, HEY, THIS IS YOU, YOU FORGOT TO CARRY THE ONE.

THAT'S RIGHT. SO BUT ALL OF THE REQUIRED IMPROVEMENTS WILL BE DETERMINED AT STAFF LEVEL AND IT WILL ALL COME TO YOU PREPACKAGED.

SO IT WON'T BE LIKE AN SUP OR A PAD WHEN IT COMES TO YOU WHERE YOU ALL WILL HAVE THE ABILITY TO TACK ON EXTRA REQUIREMENTS.

SO I JUST WANT TO BE CLEAR ABOUT THAT.

SO ROB, ARE YOU ASKING TO BE A PART OF THAT APPROVAL PROCESS ON THE ENGINEERING? I PROBABLY FORGET TO CARRY THE ONE.

OKAY. ALL RIGHT. ALL RIGHT.

ANYTHING ELSE BEFORE WE PROCEED TO A PUBLIC HEARING? GENERAL COUNSEL WHERE SO LET'S OPEN A PUBLIC HEARING.

716 ANYONE WHO HAS COMMENTS OR QUESTIONS OR RECOMMENDATIONS OR WHO WANT TO LEAVE THE COUNCIL CHAMBERS IS MORE THAN WELCOME TO.

THANK YOU SO MUCH FOR THAT STATEMENT.

DO YOU GUYS? I'M GOING TO CLOSE THE PUBLIC HEARING AT 717.

THANK YOU, EVERYONE.

ANY FINAL THOUGHTS? LESS, ANY? ARE YOU FULLY SATISFIED AT THIS POINT IN THE PROCESS WITH WHAT YOU HAVE? I MEAN, I WOULD SAY THAT THE THE REQUEST MEETS THE GOALS OF THE COMPREHENSIVE PLAN.

AND WE'VE HAD CONVERSATIONS WITH THE APPLICANT ABOUT DRAINAGE AND THE DRAINAGE CONCERNS.

SO I THINK THEY KNOW WHAT THEY'RE GETTING INTO.

OKAY. OK COUNSEL WHAT'S YOUR PLEASURE? MOTION TO APPROVE AN COUNCIL MEMBER GAGLIARDI HAVE A SECOND FROM COUNCIL MEMBER.

LET'S VOTE.

THAT'S UNANIMOUS. SIX OH, SO THANK YOU.

STAFF THANK YOU.

APPLICANT THANK YOU.

COUNSEL ITEM TEN, WE HAVE ANOTHER PUBLIC HEARING TO CONSIDER AN ORDINANCE REGARDING A REZONING REQUEST FOR FIVE ACRES LEGALLY DESCRIBED AS TRACTS 2D01 AND TWO

[10. Public hearing and consider an ordinance regarding a rezoning request for five acres legally described as Tracts 2D01 and 2D of the Teeter Garret Survey Abstract 1537 from R-15,000 (single-family homes on 15,000 square foot lots) to R-7,500 (single-family homes on 7,500 square foot lots). The property is generally located on the south side of Cheek Sparger Road, approximately 500 feet east of the Central Drive and Cheek Sparger Road intersection and is commonly known as 2416 Cheek Sparger Road. (PZZC-2022-50049) (Item was recommended for approval by the Planning and Zoning Commission by a vote of 7-0-0)]

D OF THE TEATER GARRETT SURVEY ABSTRACT 1537 FROM AR 15000 TO 7500.

THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF CHEEK SPARGO ROAD, APPROXIMATELY 500 FEET EAST OF THE CENTRAL DRIVE AND CHEEK SPARGO ROAD INTERSECTION, AND IS COMMONLY KNOWN AS 2416 CHEEKTOWAGA ROAD.

SO ONCE AGAIN, WEST MORRISON.

THANK YOU, MAYOR. COUNCILMEMBERS.

THIS PROPERTY, IF YOU'LL RECALL, BACK AT THE END OF LAST YEAR, IT WAS SUBJECT TO ANOTHER ZONING CHANGE THAT WAS NOT APPROVED.

SO THE APPLICANT HAS COME BACK OR ANOTHER APPLICANT HAS COME FORWARD AND REQUESTED THIS APPLICATION FOR AGAIN FROM OUR 15 TO AN AR 75, WHICH IS A 75,000 OR 7500 SQUARE FOOT LOT.

AGAIN, FUTURE LAND USE DESIGNATION IS LOW DENSITY RESIDENTIAL, WHICH THIS APPLICATION DOES COMPLY WITH.

JUST A REAL QUICK COMPARISON OF THE TO THE THE TWO BIGGEST CHANGE TO ONLY CHANGES ARE GOING FROM A 15,000 SQUARE FOOT LOT TO 7500 SQUARE FOOT LOT AND THEN THE MINIMUM AREA OF 2000 SQUARE FEET TO 1350 SQUARE FEET.

SO SURROUNDING AREA, A LITTLE BIT OF COMPATIBILITY ISSUE OR COMPATIBILITY.

THE RED SQUARE REPRESENTS THE PROPERTY.

AH, 75 IS PREDOMINANTLY WHAT YOU SEE TO THE SOUTH AND TO THE EAST OF THE PROPERTY.

CITY OF COLLIERVILLE IS TO THE NORTH AND THEN YOU HAVE ARE 9000 FURTHER TO THE WEST AND WITH SOME COMMERCIAL ALONG CENTRAL THERE IN A RELIGIOUS FACILITY IMMEDIATELY TO THE SOUTH.