Oct 13, 2022 Planning & Zoning Commission

[CALL TO ORDER & ROLL CALL]

[00:00:07]

SINCE WE DO NOT HAVE A CHAIR OR VICE CHAIR PRESENT, IT IS GOING TO BE REQUIRED OF THE BOARD TO NOMINATE AND APPOINT A ACTING CHAIR TONIGHT.

SO I WILL OPEN THE FLOOR FOR NOMINATIONS FOR AN ACTING CHAIR TONIGHT.

ALL IN FAVOR. AYE.

ALL RIGHT. COMMISSIONER OTTO, YOU ARE CHAIR ACTING CHAIR FOR THE NIGHT.

WE DIDN'T HAVE ALL THIS FANCY EQUIPMENT YEARS AGO.

ANYWAY, HAS HE ALREADY OPENED A REGULAR MEETING.

SO DO I NEED TO GO THROUGH ALL THE? TO OPEN TONIGHT'S MEETING OR DID I JUST OPEN TONIGHT'S MEETING? I WOULD GO AHEAD AND OPEN IT YOURSELF.

JUST. OK.

IT'S 6:04 AND I LIKE TO OPEN UP THE MEETING, THE REGULAR MEETING OF THE BEDFORD PLANNING AND ZONING COMMISSION, THURSDAY, OCTOBER 13, 2022, BEDFORD CITY HALL BUILDING A 2000 FOREST DRIVE, BEDFORD, TEXAS 76021.

AND WE NEED TO CALL AN ORDER AND A ROLL CALL SO THE MEMBERS ARE PRESENT.

SO IF YOU WILL START.

MR. GALLENSTEIN.

I, ROGER GALLENSTEIN, PRESENT.

KATE BARLOW, PRESENT.

STEVE OTTO, PRESENT.

DANIELLE STELLRECHT, PRESENT. INVOCATION, ANYBODY? GUESS IT'S MY TURN. PLEASE STAND FOR THE INVOCATION.

[INVOCATION] ROGER, WOULD YOU? ALLEGIANCE].

THE NEXT ITEM ON THE AGENDA WILL BE THE APPROVAL OF MINUTES, CONSIDERED APPROVAL OF PLANNING AND ZONING COMMISSION MEETING MINUTES FOR THE SEPTEMBER

[1. Consider approval of the following Planning and Zoning Commission meeting minutes for the September 22, 2022 meeting. ]

DO I HEAR A MOTION? I MOVE THAT WE ACCEPT THE MINUTES FROM SEPTEMBER 22ND AS PRESENTED.

I'LL SECOND. ALL THOSE IN FAVOR SAY AYE.

AYE. OKAY.

[2. Consider making a recommendation to rezone the property described as Lot 2R01 Block 1 Bedford Centre Addition, from Heavy Commercial to Heavy Commercial/Specific Use Permit/Indoor Amusement the property is generally located at the north side of Bedford Road, approximately 450 feet west of Tennis Drive, more commonly known as 209 Bedford Road, Suite 165 (PZ-SUP-2022-50069). ]

CONSIDER MAKING A RECOMMENDATION TO REZONE THE PROPERTY DESCRIBED AS LOT 2R01 BLOCK 1 BEDFORD CENTRE ADDITION, FROM HEAVY COMMERCIAL TO HEAVY COMMERCIAL/SPECIFIC USE PERMIT INDOOR AMUSEMENT.

THE PROPERTY IS GENERALLY LOCATED AT THE NORTH SIDE OF BEDFORD ROAD, APPROXIMATELY 450 FEET WEST OF TENNIS DRIVE, MORE COMMONLY KNOWN AS 209 BEDFORD ROAD, SUITE 165. CASE NUMBER PZ-SUP-2022-50069. NOW, MR. MORRISON. YES, SIR.

THANK YOU. CHAIRMAN.

COMMISSION MEMBERS. THANK YOU.

REAL QUICK, I WANT TO DO A REAL QUICK, BRIEF OVERVIEW OF THE REQUEST.

I KNOW THAT MOST OF YOU WERE HERE FOR THE LAST MEETING, BUT THIS IS A SUP, SPECIFIC USE REQUEST FOR AN INDOOR AMUSEMENT LOCATED AT 209 BEDFORD ROAD. THE PROPERTY IS LOCATED SOUTHEAST OR REALLY SOUTHWEST OF THE INTERSECTION OF BROWN TRAIL AND BEDFORD ROAD.

THE REQUEST FOR AN INDOOR AMUSEMENT IS SPECIFICALLY FOR A VENUE THAT HOUSES PLAYSTATION AND COMPUTER GAMING DEVICES FOR CUSTOMERS TO COME IN AND USE.

IT IS ALSO BEING ASKED AS PART OF THE REQUEST FOR PREPACKAGED SNACKS COULD BE AVAILABLE FOR CUSTOMERS AS WELL.

AT YOUR SEPTEMBER 22ND MEETING, YOU CONDUCTED YOUR PUBLIC HEARING AND SUBJECT MAJORITY OF THE CONVERSATION CENTERED AROUND THE ACTUAL

[00:05:08]

HOWEVER, REALLY WHAT WAS AFTER THE PUBLIC HEARING, WE STARTED GETTING INTO CONVERSATIONS ABOUT, WELL, THE USE COULD BE OK IF THERE WERE CERTAIN CONDITIONS APPLIED TO IT IS GENERALLY THE CONSENSUS I GOT FROM THE COMMISSION.

SO STAFF RECOMMENDED THAT YOU'LL TABLE THE APPLICATION, ALLOW STAFF, CITY ATTORNEY AND THE APPLICANT TO COME TOGETHER AND COME UP WITH SOME CONDITIONS THAT WOULD WORK FOR, ADDRESS SOME OF YOUR CONCERNS AND ALSO STILL BE ABLE TO ALLOW THE APPLICANT TO OPERATE THE USES THERE AS THERE INTENDING.

SO WE DID THAT, WE, TOPICS OF CONVERSATION WERE HOURS OF OPERATIONS, SPECIFICALLY HOURS OF OPERATION INVOLVING MINORS, ADDRESS ANY CONCERNS WITH ALCOHOL OR SMOKING ON THE SITE AND ADDRESS ANY CONCERNS WITH FIREARMS OR WEAPONS ON THE SITE.

SO IN TALKING TO THE APPLICANT AND TALKING TO THE ATTORNEY, WE'VE PROVIDED THE, WE'VE COME UP WITH THE FOLLOWING CONDITIONS.

ONE, BUSINESS HOURS ARE LIMITED FROM 10 A.M.

TO MIDNIGHT.

MINORS SHALL BE ACCOMPANIED BY A LEGAL GUARDIAN BETWEEN THE HOURS OF 10 P.M.

AND MIDNIGHT. THIS IS SOMETHING THAT KIND OF CAME UP AFTER OUR PUBLIC HEARING LAST TIME, BUT THE CONVERSATION OF TOURNAMENTS CAME UP AND SOMETIMES THESE TOURNAMENTS COULD GO ON FOR HOURS LONGER THAN MIDNIGHT.

SO THE ONE OPTION THAT WE THREW OUT THERE, SEE IF YOU ALL WERE COMFORTABLE WITH IT, IS THAT IF THERE ARE SOME LONGER TOURNAMENTS THAT ARE THERE, THAT ANYTHING THAT GOES ON PAST MIDNIGHT WOULD REQUIRE A LICENSED PEACE OFFICER TO BE ON SITE BETWEEN THE HOURS OF MIDNIGHT AND 10 A.M.

SO THAT GIVES YOU, WE THOUGHT THAT WOULD GIVE COMMISSION A LITTLE BIT OF COMFORT LEVEL.

THE APPLICANTS AGREED TO IT.

SO THAT'S SOMETHING THAT'S VERY TANGIBLE AND SOMETHING EASY TO ENFORCE.

SO WE THOUGHT WE'D DO THAT.

A COUPLE OF THINGS THAT WE TALKED ABOUT AT LENGTH AT THE SEPTEMBER 22ND MEETING THAT YOU'RE NOT SEEING IN THE PROPOSED CONDITIONS ARE RELATED TO FIREARMS AND ALCOHOL SELLS.

FIREARMS, AFTER A LITTLE BIT OF RESEARCH, WE REALIZED THAT THE STATE LAW THAT GOVERNS FIREARMS IS WHAT IT IS, AND WE CAN'T ADD ADDITIONAL CONDITIONS ON THAT.

AND I KNOW IF I SAY SOMETHING WRONG, THE ATTORNEY WILL YELL AT ME.

BUT YEAH, SO ESSENTIALLY THAT'S LAYMAN'S TERMS WE CAN'T DO MORE THAN WHAT THE STATE LAW STATES THAT THEY CAN DO.

AND THEN WITH ALCOHOL SALES, WE CAN'T RESTRICT, SINCE ALCOHOL SALES AND CONSUMPTION ON PREMISE IS ALLOWED IN THE ZONING DISTRICT BY RIGHT, WE CAN'T GO IN AND SAY YOU CAN'T DO THAT WITH THIS USE.

SO THEY COULD GO THROUGH THE TABC REQUIREMENTS AND GO THROUGH THE PROCESS TO SELL ALCOHOL AND HAVE CONSUMPTION OF ALCOHOL ON PREMISE.

THAT IS THEIR RIGHT NOW THE APPLICANT SAID THEY DON'T INTEND TO DO THAT AND THEY DON'T INTEND TO ENCOURAGE OR ALLOW ALCOHOL ON PREMISE, BUT JUST KNOW THE CITY CAN'T ADD THAT CONDITION TO IT.

OKAY. WITH THAT, I DON'T HAVE ANYTHING ELSE I CAN ANSWER ANY QUESTIONS.

AGAIN, JUST A REAL QUICK RUN THROUGH.

WE DID DO A PUBLIC NOTICE ON THIS.

WE DID NOT RECEIVE ANY IN FAVOR OR AGAINST THE REQUEST.

WE'VE PUT A SIGN ON THE PROPERTY.

THAT'S BEEN ADVERTISED FOR MORE THAN 30 DAYS NOW.

SO WE STILL HAVE NOT RECEIVED ANY MAJOR INQUIRIES ABOUT THE REQUEST.

SO, THAT BEING SAID, I CAN ANSWER ANY QUESTIONS.

WES, LET ME, BECAUSE I WAS OUT OF THE COUNTRY AT THE LAST MEETING, AND MAYBE THIS QUESTION IS MORE TOWARDS THE APPLICANT OR MAYBE YOU CAN ANSWER IT.

I THINK I UNDERSTOOD WHAT WHAT THE ATTORNEY HAS SAID BECAUSE THE TEXAS LAW, THERE'D BE NO BANNING OF WEAPONS.

AND EVEN IF THE APPLICANT SAID THEY WOULD DO THAT, THEY CAN'T DO THAT.

ALSO, THE APPLICANT'S INDICATED THAT THEY DON'T PLAN TO SERVE LIQUOR, BUT THEY CAN'T STIPULATE THAT BASED ON THE HEAVY ZONING REQUIREMENT.

AM I CORRECT? RIGHT.

THEY CAN IMPOSE THAT CONDITION ON THEMSELVES.

THE CITY CAN'T IMPOSE THAT CONDITION.

OKAY. BUT THEY CAN'T PUT THAT AS PART OF THE AGREEMENT.

THAT'S CORRECT. OKAY.

AND I GUESS MY OTHER QUESTION AND THIS IS MORE TOWARDS THE APPLICANT.

THEY KNOW THEIR CUSTOMER, I DON'T.

AND I'M ASSUMING THEY'RE GAMERS, AND I THINK THAT'S KIND OF COOL.

CAN YOU TELL ME ABOUT YOUR YOUR AVERAGE CUSTOMER? I'M TRYING TO GET AN IDEA OF WHO THAT IS AND AND SO ON AND SO FORTH.

HELLO. I'M DEVYN GUY.

I'M THE OWNER OF THE BUSINESS, KOMBAT ARCADE.

[00:10:02]

DO I NEED TO SAY ANYTHING MORE BEYOND THAT.

JUST MY NAME AND THAT'S OKAY? DOES HE HAVE TO DO HIS ADDRESS AGAIN? JUST GO AHEAD STATE YOUR NAME AND YOUR ADDRESS, PLEASE.

OKAY. SO, YEAH, DEVYN GUY.

ITS 4001 SOUTHERN CHARM COURT, ARLINGTON, TEXAS, 76016.

AND HE'S THE APPLICANT FOR THIS.

SO. FOR THE RECORD.

YES. AND SEE, THE AVERAGE CUSTOMER FOR WHAT WE'RE TRYING TO ACCOMPLISH IS AROUND THE AGE OF 30 RIGHT NOW, AND THAT'S JUST BECAUSE OF OUR USUAL OPERATIONS WE HAVE WORKED WITH.

I'M CURRENTLY THE DIRECTOR OF TOURNAMENTS AND CONTESTS FOR A NONPROFIT CALLED LAN ALL NIGHT, AND WE'VE BEEN OPERATING SINCE RIGHT BEFORE LOCKDOWN IN 2020.

AND SO OUR AVERAGE USER FOR ALL OF THIS IS AROUND THE AGE OF 30.

THAT'S WHAT WE'VE SEEN THERE.

BUT FOR WHAT WE'RE TRYING TO ACCOMPLISH GOING FORWARD WITH THIS BUSINESS, WE'RE GOING TO BE DOING A LOT OF CONTACT WITH SCHOOLS.

SO JUST STUDENTS, WHETHER THAT'S FROM MIDDLE SCHOOL OVER TO COLLEGE, WHEN WE HAVE SOME OTHER OUTSIDE BUSINESSES THAT ARE GOING TO HELP US BASICALLY CAPTURE THAT AUDIENCE IS THE BEST WAY TO PUT IT.

AND SO, THE AVERAGE WILL PROBABLY END UP BEING AROUND 20 YEARS OLD, JUST FOR LACK OF HONEST FORESIGHT.

SO, YEAH.

AND IF I UNDERSTAND THIS CORRECTLY, AND PLEASE EXCUSE ME BECAUSE LIKE I SAID, I WAS OUT OF THE COUNTRY AS WE PRESENTED BEFORE.

I THINK YOU WERE DOING THIS BUSINESS IN A WAY, MAYBE IT WASN'T AS ORGANIZED, BUT YOU WERE AT RENTAL FACILITIES THROUGHOUT.

YOU WOULD GET A GROUP OF GAMERS TOGETHER AND THEY'D GET TOGETHER AND MAYBE YOU'D RENT THIS PARTICULAR SPOT FOR A LITTLE WHILE AND THEN FIND ANOTHER SPOT.

IS THAT PRETTY MUCH.

AND THEN YOU SAW FROM THAT BASICALLY WHAT YOU SAW AS A BUSINESS OPPORTUNITY? YES, SIR. OKAY.

WAS THERE ANY PARTICULAR REASON THAT YOU PICKED THIS PARTICULAR SPOT? YEAH. THE BIGGEST DRAW FOR ME FOR THE AREA, HONESTLY, HEB, BECAUSE IT'S CLOSE ENOUGH TO THE AIRPORT, THE DFW AIRPORT, AND IT JUST IS AFFORDABLE. ONE OF OUR BIG DRAWS FOR WHAT WE'RE TRYING TO ACCOMPLISH IS TO BE A SPOT FOR WHENEVER THE PROFESSIONALS FROM ACROSS THE COUNTRY, IN SOME CASES AROUND THE WORLD, COME TO DALLAS OR JUST DFW IN GENERAL, OUR SPOT WOULD BE SOMEWHERE WHERE THEY WOULD BE PRIMARILY CENTRALLY LOCATED, THAT THEY WOULD COME HERE AND THEN GO TO THEIR TOURNAMENTS JUST AFTER HOURS, IF YOU WILL.

AND MAYBE THIS IS MORE OF A QUESTION FOR WES.

WOULD THIS TYPE OF OPERATION FIT IN ANOTHER ZONING DESIGNATION OTHER THAN HEAVY COMMERCIAL WHERE MAYBE WE HAD A LITTLE MORE CONTROL? THIS IS CLASSIFIED AS AN INDOOR AMUSEMENT.

ALL INDOOR AMUSEMENTS REQUIRE AN SUP, SO IT DIDN'T MATTER WHICH ZONING CLASSIFICATION IT WAS IN.

WELL, A HEAVY COMMERCIAL LIGHT COMMERCIAL, IT WOULD STILL REQUIRE AN SUP.

OKAY, SO THE SAME THING WITH, WELL, FORGET THE STATE REQUIREMENT ON WEAPONS BUT AT THE SAME THING ON LIQUOR WOULD APPLY.

YES, YOU CAN.

THERE IS, THE ONLY COMMERCIAL DISTRICT THAT IT WOULD NOT BE ALLOWED IN WOULD BE LIKE A SERVICE COMMERCIAL, WHICH IS A NEIGHBORHOOD, IT'S YOUR LEAST INTENSE COMMERCIAL ZONING. THAT WOULD NOT, YOU COULDN'T DO ALCOHOL SALES OR CONSUMPTION IN A SERVICE COMMERCIAL ZONING DISTRICT.

BUT YOU COULD DO THIS TYPE OF OPERATION? WITH AN SUP.

WITH AN SUP? YES.

OKAY. THANK YOU.

DO YOU HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? NO, THAT'S FINE. OKAY, I HAVE A COUPLE QUESTIONS.

I'M ASSUMING THAT YOU ALL DID SIT DOWN, ACCORDING TO WES, AND TALK TO ABOUT THESE CONDITIONS.

IS THAT CORRECT? YES.

WE EXCHANGED JUST WORDS OVER EMAIL.

OKAY. MY FIRST QUESTION IS YOUR, SHALL HIRE A LICENSED PEACE OFFICER BE THERE BETWEEN THE HOURS OF MIDNIGHT AND 10 A.M.. HOW MUCH NOTICE WILL YOU HAVE IN ORDER TO SECURE THE SERVICES OF AN OFF DUTY PEACE OFFICER? TO BE FRANK, IT'D BE LIKE THE DAY OF THE EVENT.

THERE WOULD BE, SINCE SINCE WE'RE NOT TRYING TO ACTUALLY OPERATE BEYOND MIDNIGHT, THAT WOULD BE ONE OF THOSE RANDOM THINGS WHERE, LIKE MAYBE A FEW SCHOOLS ALL OF A SUDDEN GOT WIND OF, HEY, WE'RE DOING A SMASH BROTHERS TOURNAMENT.

SO LIKE FIVE SCHOOLS SHOWED UP.

THAT'D BE ONE OF THOSE DEALS.

BUT IF WE WERE RUNNING LIKE A MUCH LARGER DEAL, WE'RE NOT PLANNING TO TRY AND GO BEYOND MIDNIGHT.

AND WE WOULD KNOW PROBABLY THE WEEK BEFORE THE EVENT ACTUALLY WAS STARTING.

SO I WOULD SAY IT'S BASICALLY EITHER THE DAY OF THE EVENT.

WE'D FIND OUT LIKE, OH, NO, THERE'S A LOT OF PEOPLE HERE NOW.

[00:15:02]

BUT LIKE I SAID, A LOT OF THE TIMES WE'RE TRYING TO END THAT TYPE OF STUFF AT 10 P.M.

SO AN EXTRA TWO HOURS WHENEVER THE MAX WE WERE EVEN WORRIED ABOUT WAS THREE HOURS.

I DON'T FORESEE THAT HAPPENING THAT OFTEN, BUT THAT'S PROBABLY THE WAY WE WOULD END UP HAVING TO GRAB SOMEBODY.

THAT'S THE NOTICE WE WOULD END UP WITH, I WOULD SAY.

WE HAD QUITE A BIT OF DISCUSSION ABOUT MINORS AND THIS MIGHT BE A QUESTION FOR THE CITY ATTORNEY IS IF THEY ENGAGE A PEACE OFFICER FOR THOSE PARTICULAR HOURS OR AFTER HOURS, WOULD THE PEACE OFFICER BE ENFORCING HOUSE RULES, CITY ORDINANCE OR STATE LAW? DEPENDS ON WHAT'S BEEN BROKEN.

I MEAN, STATE LAW. I MEAN, WHAT.

HE'S CHARGED TO UPHOLD THE LAW AND WHAT HE OBSERVES.

AND SO THAT'S WHAT HE'S GOING TO DO.

AND HOUSE RULES, PROBABLY NOT.

AND I DON'T KNOW WHAT HOUSE RULES WOULD BE.

WELL, THE MINOR ISSUE.

OH, LIKE HIM SHOWING UP AND SAYING THAT MINORS WERE UNACCOMPANIED, BASICALLY.

CORRECT. GOTCHA. THAT'S GOING TO BE A CONDITION OF THE SUP AND THAT'S GOING TO BE ENFORCEABLE AS AN ORDINANCE.

SO HE WOULD BE ABLE TO ISSUE CITATIONS PROBABLY BASED ON THAT.

BECAUSE MY MY PERSONAL EXPERIENCE, HAVING WORKED OFF DUTY JOBS AND PLACES, I DIDN'T WANT TO ENFORCE HOUSE RULES.

I DIDN'T TAKE THOSE TYPE OF JOBS.

YEAH, BUT AGAIN, HE'S GOING TO BE THERE, I GUESS, IF YOU'RE GOING TO BE HIRING SOMEONE LOCAL.

I'M JUST TRYING TO THINK THROUGH WHAT THE RELATIONSHIP IS IS GOING TO BE BETWEEN THE ORGANIZATION AND THE POLICE OFFICER AND WHAT HE'S HIRED TO DO.

AND THAT'S REALLY GOING TO BE SPELLED OUT IN AN AGREEMENT BETWEEN THE TWO OF YOU ALL.

AND, BUT I KNOW IF HE'S WITNESSING A CRIME, I WOULD EXPECT HIM TO DO SOMETHING.

I JUST DON'T WANT TO PUT THE PEACE OFFICER IN A POSITION OF ENFORCING HOUSE RULES, I.E.

MINORS, AND THEN NOT HAVE A LEVERAGE OF BEING ABLE TO DO SOMETHING.

I WOULD HOPE IF THAT EVENT COMES UP THAT YOU ALL WILL NEED, WHETHER IT'S A POLICE OFFICER FROM BEDFORD, A DEPUTY SHERIFF, WHOEVER, THAT YOU WOULD HAVE SOMETHING IN WRITING WITH THEM, OUTLINING ALL OF THAT.

MOST OF THEM WON'T GO OUT AND ENGAGE IN THAT TYPE OF, LET ME SAY THEY SHOULDN'T ENGAGE IN THAT TYPE OF SERVICE WITHOUT THERE ARE INSURANCE CONCERNS.

THERE'S A WHOLE LOT OF THINGS THAT WE DON'T ADVISE YOU, BUT IT'S JUST THERE'S A LOT THERE FOR YOU TO THINK ABOUT WHEN YOU GO BEYOND THAT TIME AND YOU NEED TO HAVE A PEACE OFFICER THERE.

BE PREPARED TO HAVE SOMETHING IN WRITING DEALING WITH THAT.

THAT IS SOMETHING THAT ORGANIZATION WITH LAN ALL NIGHT HAS CONTACT WITH.

AND SO WE DO USE THAT STYLE OF SERVICE WITH THAT ORGANIZATION.

SO IT'S SOMETHING THAT WE ALREADY HAVE PAPERWORK FOR.

MR. CHAIRMAN, CAN I ASK ANOTHER QUESTION? GO AHEAD. I THINK I READ THAT YOU'RE UNIQUE.

NO ONE ELSE HAS DONE THIS IN THE METROPLEX.

IS THAT CORRECT? TO THE BEST OF YOUR KNOWLEDGE? IT HAS EXISTED AT ONE POINT.

IT'S BEEN EFFECTIVELY GONE SINCE 2016.

I WOULD SAY THAT WAS THE LAST TIME THAT A BUSINESS LIKE THIS HAD REALLY BEEN AROUND IN THE METROPLEX.

BACKGROUND ON IT, WHY IT STAYED, WHY IT LEFT? WHAT.

IF YOU DON'T KNOW THAT'S FINE.

IT WAS REALLY A MATTER OF, FROM HOW I UNDERSTAND IT, IT WAS A MATTER OF LIKE, THEY WERE IN TOURNAMENTS. AND SO THEY WERE ON THEIR LAST LEG OF LIKE PEOPLE BELIEVING THAT THEY COULD ACTUALLY RUN TOURNAMENTS GOOD.

AND SO IT WAS A LITTLE BIT OF THE HIGHER ECHELONS OF THAT TOURNAMENT COMMUNITY JUST BEING LIKE, HEY, NEVER GO TO THESE GUYS AGAIN.

AND THEN ALSO A BIT OF BEING OVEREXTENDED WITH THEIR PROFESSIONAL RELATIONSHIPS WITH LIKE HIGHER COMPANIES LIKE T-MOBILE OR MICROSOFT OR SOMETHING LIKE THAT.

THOSE KIND OF COMPANIES WERE INVOLVED AND THEY DIDN'T KEEP UP THEIR END OF THE, WHAT IS IT CALLED, THE, LIKE THEIR WORD OF MOUTH DEALS. AND THAT CAUSED A PROBLEM FOR THEM WHERE THEY ENDED UP HAVING TO BASICALLY LIQUIDATE THEIR BUSINESS.

SO, YEAH, THEY JUST HAVEN'T BEEN BACK SINCE THEN BECAUSE OF THAT.

THAT'S HOW I UNDERSTAND IT, AT LEAST.

ANY OTHER QUESTIONS BY THE COMMISSIONERS? ANY COMMENT BY STAFF? CITY ATTORNEY? ONE THING I JUST WANT TO POINT OUT THAT MR. GALLENSTEIN BROUGHT UP. WITH RESPECT TO THE FIREARMS AND THE ALCOHOL

[00:20:02]

IT WOULDN'T BE ENFORCEABLE BY THE CITY.

IN OTHER WORDS, IN ANY KIND OF AGREEMENT THAT WE HAD WITH THE APPLICANT, IT WOULD STRICTLY BE HIS ON HIS VOLITION TO DO THAT.

OKAY. I HAVE THIS QUESTION. DEVYN, IS THAT IN YOUR CODE OF CONDUCT, JUST NO FIREARMS? IT'S NOT IN THE CODE OF CONDUCT, NO, BECAUSE IT'S MOSTLY JUST A, LIKE AN ATTITUDE KIND OF THING.

ANY OTHER QUESTIONS? OK. CHAIR WILL ENTERTAIN A MOTION TO APPROVE WITH SPECIFIC CONDITIONS OR RECOMMEND DENIAL.

I'LL MAKE A MOTION TO DENY THE REZONING OF THE PROPERTY DESCRIBED AS LOT 2R01 BLOCK 1 BEDFORD CENTRE ADDITION FROM HEAVY COMMERCIAL TO HEAVY COMMERCIAL/SPECIFIC USE PERMIT INDOOR AMUSEMENT.

THE PROPERTY IS GENERALLY LOCATED IN NORTH SIDE OF BEDFORD ROAD, APPROXIMATELY 450 FEET WEST OF TENNIS DRIVE, MORE COMMONLY KNOWN AS 209 BEDFORD ROAD, SUITE 165 DO I HEAR A SECOND. I'LL SECOND.

OKAY. ALL THOSE IN FAVOR OF THE MOTION, RAISE YOUR RIGHT HAND.

AGAINST THE MOTION.

OKAY. IT'S 2 AND 2.

ATTORNEY.

HAPPENED? OKAY.

SO IT'S DENIED AND THEN IT STILL GOES TO CITY COUNCIL, IS THAT CORRECT? TYPICALLY WHAT WE'LL DO AND I'LL DO IN THIS CASE AS WELL IS I'LL HAVE A CONVERSATION WITH THE APPLICANT TOMORROW TO SEE IF THEY STILL WANT TO MOVE FORWARD WITH IT TO CITY COUNCIL.

IF THEY DO DECIDE TO MOVE FORWARD WITH IT TO CITY COUNCIL, THEN IT WILL BE SCHEDULED FOR THE NOVEMBER 8TH CITY COUNCIL MEETING.

RIGHT. I THINK THEY'RE HAVING A STRATEGIC PLANNING MEETING AT THE END THAT'S CORRECT. OKAY.

SORRY, BUT I'LL REACH OUT TO THE APPLICANT TOMORROW.

ALL RIGHT. THANK YOU VERY MUCH.

THANK YOU. OKAY, MOVING ON.

[UPDATE ON PLANNING PROJECTS]

FIRST AND FOREMOST, I WANT TO INTRODUCE YOU, I THINK MOST OF YOU HAVE MET, IF YOU HAVEN'T, PLEASE STOP BY AND MEET.

JOSE, HE IS ON HIS THIRD, FOURTH WEEK.

FOURTH WEEK.

AND HE'S BEEN A GREAT ASSET TO US.

HE COMES TO US FROM CALIFORNIA.

HE HAS FAMILY TIES HERE IN BEDFORD AND WE ARE VERY EXCITED TO HAVE HIM.

SO PLEASE DON'T SCARE HIM AWAY.

WELCOME. [LAUGHTER] AND ON TO THE ACTUAL PLANNING PROJECT UPDATES.

THERE'S NOT A LOT OF CHANGE.

THE ONE THING I WENT AHEAD AND ADDED TO THIS, THIS IS KIND OF A LIVING DOCUMENT, AS I'VE SAID IN THE PAST, IS THAT THERE ARE SOME PROJECTS THAT MAY NOT HAVE OR THEY'VE BEEN APPROVED PRIOR TO JANUARY, SO MOST OF YOU WOULD NOT HAVE SEEN THEM.

YOU MAY BE AWARE OF THEM, BUT I AT LEAST WANTED TO GIVE YOU AN UPDATE THAT IT'S OTHER THINGS THAT STAFF IS WORKING ON AND ACTIVE PROJECTS.

SO IF YOU START, IF YOU HEAR THINGS RUMBLING OR IF YOU START SEEING DIRT MOVING ON A PARTICULAR PROJECT AND YOU'RE LIKE, WHY HAVEN'T WE SEEN THAT? THE REASON IS IT CAME IN BEFORE JANUARY OF 2022 AND THAT'S WHY YOU HAVEN'T SEEN IT.

SO WITH THAT, THAT'S FAIRFIELD INN, WHICH IS NEXT TO THE EXISTING NEWLY BUILT RESIDENCE INN THAT IS CURRENTLY UNDER CIVIL PLANS ARE CURRENTLY UNDER REVIEW.

AND THEN AMHERST TOWNHOMES, WHICH WAS APPROVED SEVERAL YEARS AGO, THOSE CIVIL PLANS ARE CURRENTLY UNDER REVIEW AS WELL.

SO, ANY QUESTIONS? YES, IF I REMEMBER RIGHT, THE AMHERST ISSUE WAS A ZONING ISSUE THAT THE CITY GOT SUED OVER.

IS THAT CORRECT? THERE WAS A LAWSUIT ON THAT AND THAT WAS SETTLED MANY YEARS AGO.

AND THIS WAS A PART OF IT.

THAT IS CORRECT. IF I REMEMBER CORRECTLY.

THAT IS CORRECT. WE COULDN'T RESTRICT THE ZONING, BUT WE COULD, AS FAR AS THE BUILDING MATERIAL, THAT'S WHY ALL THOSE APARTMENTS

[00:25:03]

I'M GOING TO HAVE TO RESEARCH THAT AND GET BACK TO YOU.

I DON'T KNOW THAT OFF THE TOP OF MY HEAD.

MY RESEARCH OF THE OF THE LAWSUIT THAT I'VE DONE HAD NOTHING TO DO WITH BUILDING MATERIAL.

IT HAD EVERYTHING TO DO WITH THE USE.

SO MAYBE THERE WAS AN AGREEMENT.

IT MAY HAVE BEEN. I'LL HAVE TO DO SOME RESEARCH AND GET BACK WITH YOU ON THAT ONE, THOUGH.

OKAY, SO THESE ARE ACTUALLY TOWNHOMES, NOT APARTMENTS.

THEY ARE TOWNHOMES.

HOWEVER, JUST SO EVERYBODY'S AWARE AND I DON'T WANT ANY SURPRISES, THE APPLICANT HAS INDICATED THAT THEY DO NOT INTEND TO BE FOR SALE.

THEY WILL BE RENTER-OCCUPIED TOWNHOMES.

SO JUST AS LONG AS THE COMMISSIONERS KNOW.

THAT'S WHY I WANT TO BRING IT UP, BECAUSE WHEN YOUR NEIGHBOR STARTS SAYING, I THOUGHT WE COULDN'T DO ANY MORE APARTMENTS.

JUST SO YOU KNOW.

AND THIS IS BECAUSE IT WAS APPROVED WAY BACK.

1998. IT WAS APPROVED IN '98.

AND THEN THERE WAS A LAWSUIT.

AND IT'S BEEN AN ONGOING AFFAIR, BUT IT'S ZONING AND LAND USE IS SETTLED AND DONE.

AND WE ARE JUST MOVING FORWARD WITH WHAT WE HAVE.

BUT I'LL VERIFY THE BUILDING MATERIAL ASPECT.

THERE MIGHT HAVE BEEN AN AGREEMENT.

I CAN'T REMEMBER WHAT. I JUST REMEMBER THE ISSUES.

THE FILES IN THIS PROJECT ARE FAIRLY THICK AND FAIRLY, FAIRLY FUN TO READ, BUT I'LL.

NOT THAT YOU NEED ANY MORE HOMEWORK, RIGHT? THAT'S ALL RIGHT. IT'S ALWAYS, HISTORY'S FUN, RIGHT? BUT YEAH, WE'LL VERIFY AND SEE.

I DON'T REMEMBER WHEN I WAS SKIMMING THROUGH THERE THAT I SAW ANYTHING ABOUT BUILDING MATERIALS, BUT I'LL VERIFY THAT.

OKAY? WES I HONESTLY DON'T REMEMBER IF THERE WAS AN AGREEMENT OR IF THAT WAS, WHATEVER.

I JUST WANTED TO BRING THAT UP TO THE COMMISSIONERS.

I REALLY APPRECIATE THAT.

MR. I WAS INTIMATELY INVOLVED IN THE DENSITY ORDINANCE AND SO, BUT THIS CERTAINLY PREDATES THAT.

SO OKAY.

SO WE'RE ALL ON THE SAME PAGE THAT IF YOU TALK TO ANY OF THE COMMISSIONERS AND THEY START GETTING THEIR EARS WARMED UP BY THE RESIDENTS, I'M GOING TO ANSWER.

SO, I APPRECIATE.

IS THERE ANYTHING ELSE WES? NO. WHAT IS THE [INAUDIBLE] ANSWER THAT YOU'RE SAYING THAT.

IT'S DONE BEFORE OUR TIME AND BEFORE THE DENSITY ORDINANCE WAS APPROVED, RIGHT? THAT'S CORRECT. AND IT WAS JUST A ZONING ISSUE AND IT'S ALL SAID AND DONE, AND THE ONLY THING Y'ALL HAVE TO DO IS APPROVE.

WE HAVE TO APPROVE THE PLAT OR? THE PLATS ALREADY APPROVED AND IS RECORDED.

THE CITY IS REVIEWING SOME CIVIL PLANS BECAUSE THEY'VE GOT TO EXTEND A WATERLINE AND THEY HAVE MADE BUILDING PERMIT APPLICATION.

I WILL SAY THEY SUBMITTED BUILDING PERMIT APPLICATIONS.

THEY WERE VERY ANXIOUS TO GET STARTED AND THEY'VE NOT RESPONDED TO ANY OF THE COMMENTS ON THE BUILDING PERMIT.

SO I DON'T KNOW IF MAYBE THEY'VE JUST GOTTEN INTO A LEG ON THEIR END, BUT THINGS HAVE SLOWED DOWN ON THEIR END.

SO NOTHING NEEDS TO BE DONE OR WE WON'T SEE THIS.

YOU WILL NOT SEE THIS.

NOR COUNCIL? THAT'S CORRECT.

OTHER THAN THE QUESTIONS.

THAT'S CORRECT. ALL RIGHT.

ALL RIGHT. THANK YOU VERY MUCH. I APPRECIATE IT.

THANK YOU. ANY OTHER QUESTIONS BY THE COMMISSIONERS OR COMMENTS? IF NOT, I'LL ENTERTAIN.

OKAY. I'M SORRY.

I'VE GOT A COUPLE. I'M JUST CURIOUS, WHAT IS ARCHANGEL MICHAEL CHURCH? I'M CERTAINLY FAMILIAR WITH ST MICHAEL'S, BUT I DON'T KNOW WHERE THIS IS LOCATED.

ARCHANGEL MICHAEL IS LOCATED NEXT DOOR TO ST.

MICHAEL. THAT SUP WAS APPROVED, DID I PUT IN THERE? IT WAS APPROVED BY CITY COUNCIL SOMETIME YEAH, IT WAS APPROVED BY CITY COUNCIL.

AND IT'S JUST AN ADDITION ONTO THAT EXISTING RELIGIOUS FACILITY.

YES. MOVING RIGHT ALONG AND KIND OF DOWN THE PAGE AND SOMETHING VERY CLOSE.

OAKWOOD HILLS.

I MIGHT HAVE MISSED IT BECAUSE MY INTERNET CONNECTION WASN'T ALWAYS THE BEST, BUT THERE WAS QUITE A BIT OF DISCUSSION.

I'M VERY FAMILIAR WITH THE NEIGHBORHOOD ACROSS THE STREET, ACROSS FOREST DRIVE AND THE DRAINAGE ISSUES, AND THERE WAS QUITE A BIT OF DISCUSSION ON THAT, I THINK.

AND I COULD BE WRONG THAT AND THIS HAD TO DEAL WITH THE DETENTION POND AND THE DRAINAGE THAT I THOUGHT I HEARD CHERYL SAY WE WERE AT AN IMPASSE WITH THE DEVELOPER.

WE WE ARE WORKING THROUGH SOME ONGOING ISSUES ON THE CIVIL PLANS FOR THAT.

THAT'S WHY YOU HAVEN'T SEEN THE PLAT.

IS IMPASSE A FAIR WORD? I MEAN, THAT'S WHAT I'M NOT INVOLVED IN THOSE DETAILS.

I'M MORE AT THE HIGH LEVEL PART OF THAT ASPECT.

ENGINEERING IS REALLY IN THE WEEDS ON THAT.

SO IF THAT'S WHAT CHERYL SAID THEN I WOULD TAKE HER AT HER WORD.

BUT I DO KNOW THAT THERE'S SOME ONGOING BACK AND FORTH IN THAT I BELIEVE THERE'S A MEETING SCHEDULED NEXT WEEK TO TRY TO GET PAST SOME ISSUES.

[00:30:06]

BECAUSE THE MAYOR THOUGHT IT WAS 25.

I THOUGHT IT WAS 25.

I, AGAIN, I WOULD HAVE TO DEFAULT TO CHERYL ON THAT ONE.

SHE SAID, I WATCHED THE COUNCIL MEETING, I THINK SHE SAID 20%.

RIGHT. THAT'S WHAT I THOUGHT I SAW AS WELL.

BUT THAT WAS JUST, OKAY.

SO IT'S REALLY KIND OF IN HER HANDS YET.

IT'S IN THE ENGINEERING DEPARTMENT.

THEY'RE THE ONES THAT REVIEW THAT.

PLANNING IS AWARE AND KIND OF, WE'RE A PART OF THE CONVERSATION, BUT WE'RE NOT IN THE WEEDS ON THOSE CONVERSATIONS.

BECAUSE I WAS REALLY SURPRISED.

YOU KNOW, THEY MOVED VERY QUICKLY TO REMOVE THE LUTHERAN CHURCH AND THAT WESLEYAN CHURCH .

I MEAN, THEY WERE LIKE GONE INSTANTLY.

AND IT DOESN'T APPEAR THAT A BLADE OF GRASS HAS MOVED UP THERE.

IS IT, COULD IT BE BECAUSE OF THIS SITUATION? YEAH. THEY CAN'T MOVE DIRT UNTIL THEY HAVE APPROVED CIVIL PLANS.

AND YOU HAVEN'T APPROVED THEIR FINAL PLAT YET.

RIGHT. OKAY. OKAY.

SO THAT THAT'LL STILL COME TO US.

YES. YEAH.

THERE WAS A BIG DISCUSSION ABOUT THAT BASED ON THE DRAINAGE STUDY DONE IN THAT SUBDIVISION NEXT DOOR LAST NIGHT, OR NOT LAST NIGHT, TUESDAY NIGHT.

I'M SORRY. SO, YEAH, THEY'RE STILL WORKING ON THAT.

ANY OTHER QUESTIONS, COMMISSIONERS? NO, SIR. OKAY.

I'LL ENTERTAIN A MOTION TO ADJOURN.

MOTION THAT WE MOVE TONIGHT, ADJOURN TONIGHT'S MEETING ON OCTOBER 13TH.

DO WE HAVE A SECOND? SECOND THE MOTION.

ALL IN FAVOR SAY AYE.

AYE. THANK YOU VERY MUCH.

* This transcript was compiled from uncorrected Closed Captioning.