2026-10-05 - Planning and Zoning Commission

06:45I'm sorry we have a little technical glitch with the recording back in the studio.

06:50So just bear with us a minute, please.

18:17Thank you all for your patience.

18:18We do have one technical difficulty this evening, but we're going to go ahead and get started

18:23because the meeting is recorded and we wanted the opportunity to make sure that was going

18:27to take place.

18:28So good evening, ladies and gentlemen, it is now 17pm.

18:33Welcome to tonight's Planning and Zoning Commission meeting of Monday, October 5, 2026.

18:39Members of the Planning and Zoning Commission and the public may participate in this public

18:43hearing.

18:44All participants will be able to speak when called upon.

18:48At this time, I would like to explain the procedures to be followed during the meeting.

18:54The Commission has both a consent agenda and an agenda for consideration of individual

19:00items.

19:01Items listed on the consent agenda are considered to be routine and noncontested.

19:08Item number one on the agenda is citizen comments, provides the opportunities for members of

19:13the public to address the Commission on items that are listed on the consent agenda.

19:19Each speaker will be listened to three minutes and the secretary will let you know when

19:23one minute is left.

19:25For all plats and plans conditionally approved or disapproved by the Commission, the applicant

19:31was provided a written statement of the conditions for the conditional approval or the reasons

19:37for disapproval.

19:39These conditions and reasons are not arbitrary.

19:42They are directly related to the requirements of Local Government Code, Chapter 212 and

19:47include citations to the law that is the basis for the conditional approval or disapproval.

19:56Moving on to the individual consideration items, which is most likely why all of you

20:00are here, I will call the applicant or his or her representative to present the case.

20:07The applicant will have up to five minutes to speak and present the case, which includes

20:12all persons representing the application.

20:16Then those wishing to speak in favor and those wishing to speak in opposition will

20:20have up to five minutes each to present his or her comments.

20:25The applicant will have five minutes to answer questions or provide rebuttal if there is

20:31opposition.

20:32If there is a group with the same opinion, it is requested that a smaller number of speakers

20:38provide remarks on behalf of the group.

20:42Prior to speaking, please give your name and city of residence.

20:46Remember to speak directly into the microphone as this hearing is recorded for the public

20:51record.

20:53Any handouts you wish to approach should be given to staff here at the end of the

20:57dais.

20:58You are welcome to submit a letter in writing or by email if you prefer not to speak.

21:05Applicants are not required to stay for the entire duration of the meeting and may leave

21:10once their item has been heard.

21:13The next meeting of the Planning and Zoning Commission will be Monday, November 2, 2026.

21:20The next item on our agenda is the citizen comments on items listed on the consent agenda.

21:28Claudia, has anyone signed up to speak on any item on the consent agenda?

21:34Madam Chair, no one signed up to speak.

21:36Please proceed.

21:38Thank you very much.

21:40So we're moving on now to putting the consent agenda in record.

21:48Secretary Myrick, will you please read the consent agenda item for approval?

21:52Yes.

21:53We have two items.

21:54Approval of the Planning and Zoning Commission minutes of Tuesday, September 8, 2026.

22:01And item number 2025, 78PL, health zone addition replat, which is located at 419 and 427 Maxwell

22:14Avenue.

22:16Thank you very much.

22:18We have read that into the consent agenda.

22:22I'll accept a motion to approve or deny.

22:25So moved.

22:26Approval.

22:29Second.

22:32Thank you very much.

22:33We have a motion and a second.

22:37Are you ready for us to vote?

22:38Are we doing?

22:39Okay.

22:40We're going to do a manual vote tonight for approval of the consent agenda.

22:43Please raise your hand for yes.

22:45Okay.

22:49Any noes?

22:51Thank you very much.

22:52The motion passes 9-0.

22:55Secretary Myrick, if you'll read the consent agenda for disapproval items.

22:58Yes.

22:59There are several.

23:00That's 2026, 193PL, Mustang Crossing Business Park, 3rd Edition, located at 4995 Rochelle

23:11Road.

23:162026, 292PL, SLPS, Irving Edition, Minor Platt, located at 81910 North Britain Road.

23:312026, 294PL, Blue Star Edition, 3rd revision, Minor Platt, located at 1311 Meridian Drive.

23:47Thank you.

23:49Finally, 2026, 295PL, Gateway, 183 Edition, located at 2701 East Growiler Road.

24:02Thank you very much.

24:03At this time, I'll ask for a motion to approve or deny.

24:05Make a motion to disapprove for the reason set forth in the staff memos.

24:10I'll second.

24:12Thank you.

24:13We have a motion and a second.

24:15Please vote by hand.

24:16Yes.

24:17To deny those individual, excuse me, the consent agenda.

24:22Thank you.

24:23Any noes?

24:25Okay.

24:26Motion carries 9-0.

24:27Thank you all very much.

24:28All right.

24:29We'll move on now to the individual items on our agenda.

24:31The first case this evening is Zoning Case 2026, 132-ZC at 1701 Landmark Road.

24:40Is the applicant present?

24:42Would you like to speak with Ms. Skinner?

24:46Thank you.

24:47You have five minutes to present your case.

24:48And I know you probably listened to some of our questions during work session.

24:52Hi.

24:53Yes.

24:54I just wanted to come and maybe answer some questions that you could have had for the

24:58things that I did to kind of update our existing detached garage and existing living unit

25:05that was upstairs.

25:07I think now that you've seen the pictures, you might have some questions for me.

25:10So I'm happy to answer those.

25:21Are you all using it as a rental property?

25:24So the original thought was to turn it into an ADU for my mom after my dad passed, which

25:30we did not end up doing because she couldn't go up and down the stairs.

25:34So we did have it listed as an Airbnb, but we have since taken it off that site.

25:40Do you all live in the main house?

25:42We do.

25:47My understanding for the reason that you were brought back to us, it was because you were

25:52going to bring new evidence about the space as how it was built and when you bought it.

26:00So I think when I was at the council meeting, I don't know that there were pictures and

26:04maybe there wasn't a lot of information that the council could go off of.

26:09I think the pictures were pretty helpful.

26:11I do think that they were trying to get in touch with the original architect to maybe

26:15get some more plans was my thinking.

26:17So I guess that did not happen.

26:21So if you have any questions other than that, but I don't think anything has been submitted

26:25since the council meeting, but I think it was very hard.

26:28I think the pictures are very helpful and I don't think we had those available that

26:32evening.

26:33So you added a bathroom to the property.

26:37Yes.

26:38So I, so you saw the garage unit downstairs.

26:42I separated the two garage bays with the wall that you could see that that was done.

26:48The picture that you saw downstairs of the tile room, I think you had some questions

26:52about that.

26:53That was actually a shower with a toilet inside the shower.

26:58So it was two in one.

26:59I think there was some question about a shower being downstairs.

27:01There was, it was a shower and a toilet and you saw the sink outside that little cubby

27:06room that was tiled upstairs was just the sink.

27:10I was calling it utility sink, but maybe not.

27:12And so we did enclose that room.

27:15That was one big room and included a shower and a toilet.

27:21And then you added the kitchen too.

27:23So the kitchen downstairs is just, we added the countertop and some cabinets.

27:33And then it's electric cooktop and then a small refrigerator.

27:37So it's not really a working kitchen, but we did add those things.

27:41The sink was already existing.

27:46So you had, they, they, they had contacted you numerous times about taking down the listing

27:53for operating as an Airbnb.

27:55Okay.

27:56And you continue operating as an Airbnb.

27:59Why was that?

28:00So I don't know when my husband was contacted about the Airbnb.

28:04But he said that we, I guess did not file the proper paperwork to listen Airbnb.

28:10So that's why we took it off the, uh, that site to be listed.

28:14And when you build that bathroom, uh, you did it with, uh, the bathroom and the property

28:18you did it with our permit as well to, uh, we use the contractor.

28:22Yes, but not permit.

28:24Um, I was told that the permits were pulled for all the work that we did.

28:29Yes.

28:30That's what I was told.

28:33Thank you.

28:36Uh, I think there was also, if I could just add, I think that there was perhaps a question

28:39about the electrical and that is on its own meter.

28:44And the AC unit was existing.

28:46If you notice the picture upstairs, uh, in that one room, there were, there was an AC

28:51unit up there.

28:52So we did not add that.

28:53That was existing to the property.

28:54So the property is on its own electrical meter.

28:56It is.

28:57The garage is, um, what do you, when you were at the council, I was at the council

29:03meeting also when you were there, um, what additional information besides a floor plan

29:09do you have that, because basically y'all told council at the time that you added one

29:15wall, um, and different stuff and that the, the house was originally built that away

29:23and y'all were waiting on the architectural plans.

29:25But based upon the picture that we're, um, that we were given at the work session you

29:30seen, that's not necessarily the case.

29:33It was gone in and completely finished out.

29:36And so what additional information are you trying to present to us to change our view

29:43of what we, when we did not at the first time?

29:45Okay.

29:46I wasn't here, uh, the first meeting with, uh, you, I was only at the city council meeting.

29:51So you'll see downstairs, we did, I did, uh, put a wall in between the two garage bays.

29:56So I enclosed, uh, one of the garages, which I, we still use as a garage.

30:00Um, so that was the work done downstairs upstairs, you'll see this area where the

30:05sink is, is now enclosed.

30:07And so those two walls were added.

30:14You said you had a contractor do this job.

30:17Yes.

30:18Okay.

30:19Did that contractor provide you any structural engineer plans or anything to hold the additional

30:22weight of the upstairs and the stuff that you've added on top of the garage, uh, ceiling

30:29joists?

30:31Not that I'm aware of.

30:32I would have to ask my husband on the house.

30:33So there was no architectural plans.

30:34It was just do this, do that.

30:36This is what I want.

30:37Top deal.

30:39I kind of said what I wanted and I think we had someone put together a rough plan,

30:43but I don't know that anyone used that other than myself and the contractor.

30:48Okay.

30:49Cause normally when you pull a permit, you, when you pull the permit, a set of plans

30:52has to be established, especially on a second story because you have to accommodate the

30:58structural electrical, you know, et cetera, the infrastructure.

31:02So that's the reason why I was asking if you had what your contractor presented to

31:06you and was given to you when you did the addition.

31:11If you had that paperwork, you said you and your contractor don't want you to use it.

31:14I don't have it.

31:15My husband might have it, but I can definitely find out for you.

31:18Okay.

31:19Thank you.

31:23Are you all still in touch with the contractor?

31:25I don't know who the contractor was.

31:27So I would have to ask my husband.

31:29Okay.

31:30I, I would just suggest you guys do that because they should have done and they know

31:35that they would have not needed to do permits to do a build out like this.

31:40Got it.

31:41What are your plans for this space if you, you know, you can't do Airbnb or you've been

31:46told you, you can do Airbnb.

31:49I mean, I, I would think since I can't have my family member in the house, I mean either

31:54reuse it for our family or reuse it for a long-term renter, I would believe those would

32:00be the only two options.

32:08I have a question for staff and I don't know if you can answer this or not.

32:16When we were in work session and we asked about the electrical meter, they said the

32:20electrical meter was not necessarily installed.

32:23So how did an electrical meter get installed without going through the process?

32:30Yeah.

32:33So when people ask to have a second meter, that's often a conversation with zoning and,

32:38you know, the inspection staff.

32:42And that's one of the things we look for.

32:43If you're going to have an accessory use, it has to be on the same meter so that it

32:48doesn't become independent.

32:50So you know, if this got a second meter somehow, I can't explain to you how I assume it may

32:57have been back to 2004.

32:59I can't explain what the history was, but today an accessory building should not have

33:04its own meter.

33:06I was just curious because we have one of the most tough electrical inspectors known

33:12across all cities and I just don't know how it was able to get through the CO process.

33:19No.

33:21Yeah, there are no COs for residential property.

33:25So there wouldn't have been a final inspection, but if there weren't permits for any of the

33:30conversion.

33:31So if the garage was built, you know, I don't know if the garage was originally built,

33:34connected in the same meter with the house, got detached at some point, excuse me, I

33:39don't know.

33:40But usually ENCOR won't make the switch unless they've coordinated with the city either.

33:46Was that electrical meter on the garage when you all bought it?

33:50It was.

33:51We have not done any of that since then.

33:52It was existing.

33:54When we bought the home in 2019, Madam Chair, I just want to make sure everybody understands

34:04what you're looking at.

34:05None of that was permitted.

34:06The walls, the MEP, the mechanical electrical plumbing.

34:11It's great question about the utility meter because ENCOR is a stickler for nailing down,

34:16you know, an address.

34:18There has to be an address or usually if there's already a meter on the on the property,

34:23there's a sub address that they create for such a building.

34:27So that's a very good question.

34:29I don't have an answer for that, but we don't have a record of any permits for the finish

34:34out.

34:35The original permit for the house, that was a garage with a second floor above.

34:40So you're concerned about the joist, those would be floor joist.

34:44So hopefully structural is not an issue.

34:47But the finish out, the plumbing, the mechanical electrical, there's no permits or inspections

34:52on file for any of that.

35:00I have a comment, you mentioned that if you're not able to use it as an Airbnb, that your

35:09idea would be a long term rental.

35:11The city does not permit accessory dwelling units either for a long term rental.

35:16So that would not be an appropriate use for that building.

35:21You might suggest, depending upon how this vote goes, you could turn it into an office.

35:27If we're denying it and City Council denies it, then you'll be required to remove some

35:33of the structural pieces that you've added.

35:36And you may consider using it as an office at that point.

35:39Okay, great.

35:41So that's my comment.

35:42I'm not really in supportive of approving this case going forward.

35:48Any other questions tonight from staff from Mrs. Skinner?

35:53Okay.

35:54You still are in the public hearing.

35:56So if you'll have a seat in case somebody has some questions for you.

35:59Is there anyone else who'd like to speak in favor of the item?

36:04Anyone who'd like to speak in opposition to the item?

36:07Okay.

36:10I'll close the item to the floor, return it to the Commission for any further remarks

36:14or questions or a motion.

36:21Based on the property's history, I'd like to make a recommendation on zoning case 2026-132-ZZ

36:27for denial.

36:30I'll second.

36:32We have a motion and second to deny.

36:34Please vote.

36:36Okay.

36:38Manual voting again.

36:39So everyone raise your hand to vote yes to deny.

36:46Okay.

36:47That's unanimous nine to zero just to be sure there's no nays.

36:51Okay.

36:52Case has been denied.

36:54It's our recommendation to City Council.

36:56So you will want to show up at the City Council meeting because they have the final say.

37:02And that City Council meeting's on October 29th.

37:05Thank you.

37:06Okay.

37:08We now have case 2026-246-ZC, and that was recommended to postpone to 11-2.

37:18But just in case, I wanted to see if anyone from the Highland School is here to talk

37:23about the case or the applicant.

37:26I apologize.

37:27Hayley Peck.

37:28Is Hayley Peck here?

37:30Hi, Hayley.

37:32If you'll come down and give your name and city of residence.

37:37Thank you.

37:38Hi.

37:39I'm Hayley Peck, residence in Frisco.

37:43I have requested this be postponed at this point, but was recommended that they come

37:51over if there is any questions.

37:54But yeah, we'd like just further consideration, so we're postponing it.

38:00Okay.

38:01Thanks.

38:02And that would be to the planning and zoning meeting on November 2nd.

38:04Yes.

38:05At this point.

38:06Yeah.

38:08Thank you.

38:09Any questions of Ms. Peck while she's here?

38:10Okay.

38:11Anyone who'd like to speak in favor of the case while they're here?

38:16Anyone in opposition?

38:17Okay.

38:19Seeing none, I'll return it to the floor for any further discussion or a motion.

38:26If there's no further discussion, I'd like to move zoning case 2026-246-ZC for a postponement

38:35to the November 2nd meeting.

38:36Second.

38:38We have a motion and a second.

38:42Take a hand vote.

38:43Yes.

38:44For postponing.

38:45Thank you very much.

38:479-0.

38:48I will see you, Ms. Peck, on November 2nd.

38:50Thank you, ma'am.

38:55We have the next case, which is really two cases, companion cases.

39:01It's 2026-301-CP and 2026-261-ZC.

39:09That would be to Mr. Oh, yeah.

39:15That's a postponement as well.

39:16Is there anyone here who would like to speak in favor of the item?

39:22Anyone in opposition?

39:23Okay.

39:26Seeing none.

39:27We'll close it to the floor and return it to the commission for a motion.

39:30Yes, we do.

39:33I'll make a motion for postponement on comprehensive plan amendment 2026-301-CP.

39:40Second.

39:43Thank you very much.

39:44Are we doing to a specific date?

39:47Yes.

39:48To November 2nd.

39:49Yeah.

39:50To November 2nd.

39:51Okay.

39:52Yeah.

39:53Thank you.

39:54Thank you, Josh.

39:55We have a motion and a second to postpone the CP case to November 2nd.

39:59Please raise your hand, yes, to postpone.

40:04Thank you all very much.

40:05Nine to zero.

40:06That means no nays, correct?

40:07All right.

40:09No nays.

40:10Thank you.

40:11I'll move on to the vote for then 2026-261-ZC to postpone to November 2nd.

40:20Just in case, is there anyone here who would like to speak in favor of the item?

40:25No.

40:26Anyone in opposition?

40:27No.

40:29Okay.

40:30I'll close the case to the floor and bring it back to the commission for a vote.

40:35A motion.

40:36Pardon me.

40:38Madam Chair, I'll make a motion for postponement on case zoning case 2026-261-ZC to be moved

40:45to November 2nd meeting.

40:49I'll second.

40:50Thank you very much.

40:51We have a motion and a second.

40:53Please raise your hand, yes, to postpone to November 2nd.

40:58Nine to zero.

40:59There are no nays, correct?

41:01All right.

41:02Thank you all very much.

41:03The motion carries to postpone.

41:06The next item is conditional use permit 2026-262-CUP.

41:14I'll just make a note of caution.

41:16I see a lot of people in our audience tonight.

41:19Thank you very much.

41:20I also see some signs.

41:22So we would appreciate just you all being very respectful this evening and when you

41:29address the commission that you come forward with just some positive, respectful language.

41:39Not to get too heated.

41:41We have a number of people who have been signed up to speak publicly.

41:45The first one -- oh, yeah, I'm sorry.

41:49Ms. Hong, we're going to ask you to speak first as the applicant.

41:52So if you'll come up and give your name and city and you have five minutes, please, to

42:00present your case.

42:04My name is Lydia Hong.

42:06I own 620 Cox Drive, and I request a recommendation to approve the short-term rental.

42:16I am the owner, and I'm also the operator.

42:24Could you just speak a little more closely into the microphone?

42:27You can move that a little further down since you're -- yeah, perfect, thank you.

42:32Anything else to add?

42:34I just want to let everybody know that I have two AB&B, and I have been successfully

42:43running them.

42:46So I know a lot of people concerned about safety of the neighborhood, but I do have

42:53-- I have zero tolerance for guests that violate my house rule because this is my

43:02property, this is my house, and I'm protecting it.

43:06So I have zero tolerance for guests that broken the rules.

43:12That's all I want to say.

43:23I have a question.

43:25So one question I have for you is, did you buy this property purposely for short-term

43:36rental?

43:37Or did you buy the property?

43:38Well, the original plan is we're going to move there, but something changed.

43:44So we turned into short-term rental.

43:49We didn't want to do -- we didn't want to go long-term just because we had bad experience

43:54with long-term before, because with long-term rental, you can only access to the house

44:00twice a year.

44:03And twice a year is a lot of damage being done to the property.

44:07So we're not going there again.

44:10Okay.

44:11Where do you live?

44:12Did you -- I live in Bedford, just 12 minutes away from the property.

44:15Okay.

44:16Yes.

44:18So when I run this property as ABNB, I will be 24 hours alert.

44:28Thank you.

44:32What attracted you to buy this house?

44:35It's a beautiful neighborhood, and I love Irving just because of blast cleanest area,

44:42and I love being there, and also you can go to Fort Worth or Dallas.

44:49So explain to me -- explain to me the neighborhood.

44:52What attracted you in the neighborhood?

44:54It's an old neighborhood, beautiful trees, quiet.

45:00Okay.

45:02Yes.

45:03Okay.

45:05Thank you, ma'am.

45:11Where are you two other properties that you do Airbnb?

45:16Where are they located?

45:17Bedford.

45:18They are both in Bedford?

45:19Yes.

45:23How long have you been with operating as an Airbnb?

45:26Two years, and I'm a five-star rating host.

45:30Yes.

45:32May I answer any more questions?

45:40Yes, what kind of security measures do you go through in order to vet the people who

45:46are renting?

45:48I do have exterior cameras around the house, and I also have the monitor inside the house

45:57that monitor noise, smoke, and number of people that are coming in, and my rule is

46:06only six people maximum, so normally husband, wife, and kids.

46:11Okay.

46:15Thank you.

46:19Hi.

46:20Just a question.

46:21I think it's been a trend in the city to monitor more, the Airbnbs.

46:28Just in certain areas they've become a problem, so the city instituted a registry, and now

46:33they've instituted this conditional use permit.

46:36So I think going into it, it's become a much more, I think, restrictive environment, would

46:43be fair to say.

46:44So do you have plans if this permit is not granted what you would do with the property?

46:54I don't want to do long term because I have bad experience with long term before, like

47:00I said.

47:01It would be something to think about, so if you don't, thanks.

47:08Okay.

47:15Thank you, Mrs. Hong.

47:16It looks like we've answered some questions this afternoon or this evening.

47:20We need to hear from the others who have signed up to speak tonight.

47:23Yes.

47:24So if you'll have a seat here, you'll be given an opportunity or about any of the comments

47:28that they make.

47:29Okay.

47:30Thank you.

47:31We have a number of people who have signed up to speak.

47:34We had a number of people who signed up who said that they did not want to speak, but

47:38were voicing their opposition.

47:40So I will call those who agreed or who asked that they speak tonight.

47:44First person is Chris Errington.

47:47If you'll come down and give your name and city residents, please.

47:52Connie Gibbs is next if you still want to speak, and then Michelle Esley, if you want

47:59to speak.

48:04Good evening, commissioners.

48:06My name is Chris Errington, and for almost 40 years, I've lived at 616 Cox Drive, just

48:14east of the house that Lydia purchased.

48:18I brought a big crowd with me, and I'm asking them to keep their mouths shut and keep their

48:24hands apart, but we don't want a hotel on our street.

48:30We have a cul-de-sac.

48:32The house that has been purchased to be able to turn into an STR is almost at the end of

48:38that cul-de-sac.

48:40The craziness about that is that it comes in conflict with the kids that are walking

48:46to school, that walk directly past that house, 30 feet from the front door.

48:51It's within 100 feet of the track that the students at MacArthur exercise on, but yet

48:58we don't have any regulations to be able to say whether I can rent the house or someone

49:04that maybe is not quite as legally desirable can rent that house, and to me that's a massive

49:12security challenge for those young kids, for the high school kids, but also for the

49:18kids of all of our families that live on the street.

49:22That is my biggest nightmare to concern myself with about something like that.

49:28It's right next door to me.

49:29I don't want that there, because we've experienced the one at 616 West Northgate.

49:35Several of the people that live on either side and behind are here tonight, and they

49:40call regularly on this item, on this house, because it's noisy.

49:45Because the residents that are renting jump over into the Cox Drive homes and do things

49:53that you don't want to hear about, because it's noisy, and it's sort of a duplication

49:58of the 620 Cox Drive property, because it does a small pool and a small backyard, and

50:05the cars park all over the place.

50:08This circle driveway, this circle driveway, and those ladies are here tonight that have

50:12to put up with the Texas OU weekend crowd of 30 or 40 cars.

50:19We've got some kids that are here tonight that ride their bikes every single day on

50:23the street, and if we have 20 or 30 cars for that Texas OU weekend, or for something crazy

50:29that's gonna happen, that's gonna bring people in, that's gonna disrupt their fun.

50:35I would like to be able to say that I'm not the only one here tonight that would request

50:40that you deny Lydia's request for approval for this, and I would love to be able to

50:47have my crowd stand, and in support of denying, if I can say it that way, those that would

50:55like to have it denied, thank you.

51:02Any questions from me as a 30 plus year resident of Cox Drive, or my wife who's lived there

51:09since 1969, we're gonna be buried here.

51:14We're here for a long time, not just for three days on a weekend.

51:22Thanks, Commissioner.

51:23Appreciate it.

51:26Next person who signed up to speak, Connie Gibbs, would you like to, still like to speak?

51:31Okay, thank you very much.

51:33Michelle Esley, would you still like to speak?

51:37Please come down front.

51:44So Planning and Zoning Commission, Ms. Ho and my Irving residents, I live on Cox Drive

51:50as well.

51:51I met the Arrington's and the Burnham's about 12 years ago.

51:55If you'll give me your name for the record.

51:57I'm sorry, Michelle Esley on Cox Drive in Irving.

52:01And I just wanted to point out that I wanted to buy in a beautiful residential neighborhood

52:07that our cul-de-sac street is not a commercially zoned area, absent short term rental owners

52:18was the major issue addressing my hometown of Fredericksburg, Texas, rampant conversion

52:24of family homes into bed and breakfast, created excess profits, breeding ruinous competition

52:31and all the complications of that.

52:35I lived in Bedford, Texas 21 years.

52:38My son went to Cistercian.

52:40It takes 45 minutes to come over here during the day, not 12 minutes or 15 minutes.

52:49You can go back the other way very quickly.

52:52But we see from what our neighbors on Northgate put up with, and both this house was being

52:59operated as a short term rental before a permit, blatantly disregarding that we have

53:06that ordinance.

53:07The same is on Sam Hill.

53:09That's being advertised, that house on Sam Hill is being advertised for short term rental,

53:15disregard for your ordinance and for the neighbors.

53:20So that we just ask you to consider that in the way of going forward.

53:26Thank you.

53:29Thank you.

53:30We also have Tammy McPherson and Klaus Milditz.

53:34Would Tammy like to speak still?

53:36Thank you very much.

53:37Mr. Milditz, would you like to speak?

53:40Please come down and give your full name for the record and your city residents.

53:49Hi.

54:00Good evening.

54:01I'm Klaus Milditz.

54:02How's that?

54:19Yeah.

54:20Normally I don't need a microphone.

54:26Klaus Milditz.

54:27I'm a resident of Irving, Texas on Cox Drive with all these people.

54:33I just want to second what Chris Arrington said as a resident, as a resident of Cox

54:39Drive, and Lydia said that she likes Irving, she likes that area, and I would want to

54:51welcome her to move onto the street.

54:55It is a beautiful area, absolutely.

55:02The question was asked, why did she buy the house?

55:05I didn't quite catch that.

55:10Did you want to live in there originally and then something happened?

55:14So again, please move to Cox Drive.

55:18We would love that.

55:19However, no Airbnb, no short term rental.

55:23That's my feeling, especially because of the reasons enumerated by Chris being so close

55:29to the school, the kids practicing football and the band.

55:33So I just want to make a note of my no for this judgment.

55:44Thank you very much.

55:45Thanks for your time.

55:48There were two other people who signed in, but they did not indicate if they wanted to

55:53speak or were just registering their written opposition.

55:56That first person is Wendy Marcerone.

55:58Did I say that correctly?

56:02Would you like to speak?

56:04Okay.

56:05Marion Rona, then we will call upon you then if you'd like to speak.

56:24Thank you.

56:28No problem.

56:29Okay.

56:30That's all the people that signed up to speak.

56:31Is there anyone else here who would like to speak in favor of the item?

56:37Anyone else who would like to speak in opposition to the item?

56:40Okay.

56:43I will close the item to the floor and return it to the Commission for discussion.

56:50Before we do that, though, I really would like to thank everybody.

56:54This is what civic engagement looks like, and it's really, no matter how the case goes,

57:01it's really wonderful to see people come out in support or opposition to an item.

57:07It's really rewarding to see people who care.

57:10So thanks for that.

57:13Thank you.

57:14Jocelyn reminded me that you have an opportunity, Ms. Hong, to rebut any of the opposition

57:19that was stated if you have any final closing remarks.

57:22A little bit nervous.

57:37I just want to assure the neighbor that I have very strict rule running the ABNB, that

57:46like I said, my first rule is no party, no gathering.

57:50Because still there's only, if you tell me you come at four people, we'll be four.

57:58Quiet hours, it's going to be from 10 to 8 a.m.

58:04Noise monitoring, I have exterior cameras around the property, so I know who's in the

58:12now.

58:14If you say four people will come into a property, there will be four.

58:18And normally parking in a driveway only, or directly to the house if the car is a little

58:26bit too wide, like suburban, you know, the car a little bit too long, too wide, and they

58:31have to park in front of the house, otherwise they will be parked in a driveway.

58:39Of course, no outside cooking, and one more thing, no local bookings.

58:52That's very important for me.

58:56Same way I run the ABNB in Bedford, there is no local bookings.

59:03And the reason for that is, maybe they don't have a yard, or they don't have, they leave

59:11in the apartment, so they need a house, so they can bring, they can have a birthday party,

59:19for example, I don't allow that.

59:23Zero local bookings allow in my properties.

59:30And guests must read my rules before they book.

59:35Even after they book, I will ask them, can you verify, or message back to me, I have

59:43read the rule, and I will follow the rule, otherwise the reservation will be canceled

59:49without a refund.

59:53And that's how I screen the guests.

59:57And on my

1:00:00I have been re-listing, I have this throughout my bookings, several places on my listing.

1:00:08So, I have guests say, "Why is so many of this on your listing?"

1:00:15And I said, "I just want to remind you that you follow my house rule."

1:00:22Because I don't want to go there and say, "Your reservation is cancelled because you've broken my house rule."

1:00:29This is my property and I will protect it.

1:00:33I don't care about the booking, I don't care.

1:00:35I would rather lose a reservation than have to deal with trouble or hassle.

1:00:47So, that's how I run my Airbnb.

1:00:50Thank you for giving me opportunity to say it.

1:00:55Thank you ma'am, we appreciate it.

1:00:59Any other questions from, well, pardon me.

1:01:02If there's no further comments, I'll close the item to the floor and return it to the Commission for discussion or motion.

1:01:10I do also want to say thanks to the residents and concerns for coming out.

1:01:19And I encourage you, this is only the first step.

1:01:22I encourage you to come to City Council meeting when this will come up.

1:01:26You know, engagement from the residents is an important part of our decision making.

1:01:31So, and I do want to, I think we're going to be seeing more of these permit requests.

1:01:37And, you know, for a neighborhood like this, I just find a short term rental to be very out of character for the neighborhood.

1:01:45I think there have been a lot of valid concerns raised about putting a short term rental in this area specifically.

1:01:52So, it's not a request that I can support.

1:01:56I feel the same way.

1:02:02I think it's a very nice neighborhood.

1:02:05Even next case it's coming up, which I want to talk about.

1:02:10It's a very good neighborhood. I know, I know it very well.

1:02:15I just don't think it is a proper place for a STR.

1:02:20And as much as you say you have restrictions on your renters and whatnot.

1:02:26I don't know how you can monitor them 24/7 legally.

1:02:31And I just, I'm sorry, I just couldn't support this request.

1:02:39I'd have to agree with the other commissioners on Mr. Pritchard and Denny, that this is, it does not fit the area.

1:02:50It would be different if you had one opposition y'all got 44 officially 44%.

1:02:58The street just wanted the street the area the quality of life there and the same reason why she bought there is to protect that quality of life that you guys are here protecting right now so I would not be in support.

1:03:09I would not be in support of this. If there's no other comments by the commissioners, I'd like to conditional use permit 2026 dash 262 dash CUP be sent to City Council for denial.

1:03:28Second.

1:03:31We have a motion and a second for denial, please raise your right hand for denial.

1:03:39So thank you. This along the motion carries nine to zero for denial. It's a recommendation only to City Council, they will have the final vote on October 8 which is this Thursday so we would encourage you to go and present your case Thursday to City Council as well.

1:04:00Thank you all very much we appreciate everybody's time, you're welcome to stay for the remainder of the meeting if you'd like or if you're going to leave just please do so quietly.

1:04:13And if you have some things to say, do out in the parking lot because it gets a little loud in here and noisy if people start talking in the back of the room.

1:04:20So thank you all very much. Moving on to the next case, which is actually two cases is the companion case 2026 dash 302. Oh, I skipped one on my apologies.

1:04:39We have one case. So any case 2026 dash 264 dash zc is the applicant present. Great. Thank you. If you'll come down and give your name and city of residence please.

1:05:03Good evening. My name is Lane Ren. I'm a proud resident of Oklahoma City Oklahoma. I'm here on behalf of problems ice cream and dairy store here to answer any questions you may have or any fun facts you'd like to know about the company I can tell you now.

1:05:17So, thank you very much.

1:05:21Anyone questions. Okay, great. If you'll just bear with us we go through the public hearing. Is there anyone else who would like to speak in favor of the item. Anyone in opposition.

1:05:34I'll close the item to the floor and return the commission for a further discussion or a vote.

1:05:45If I could just make a comment. I do appreciate Brahms location and everything very popular destination after high school football games. So thank you very much for being in Irving.

1:05:54We appreciate that this is actually I think the third or fourth top selling store for milk in the company so it's a it's a big part of the community for that reason too so, and we love the, we love the basketball players and the softball players after the game so proud to, you know, allow them to have a smile after a game.

1:06:20Yeah, if no further comments I'd like to make a motion on something case a 2026 dash 264 dash zz recommending approval. I'll second. We have a motion to second please raise your right hand to approve.

1:06:35Thank you very much. So the motion carries it goes to City Council for their discussion on October 8 and a final vote, and would have bribed you with chocolate chip ice cream but yeah, you didn't come.

1:06:50Only I'm hearing it. I'm trying to go back times. We appreciate your time tonight. Thank you so much. Thank you, sir. Do you have to go back to Oklahoma.

1:07:01All right, travel safely, sir. Thank you. Now we'll move on to the companion cases 2026 dash 302 CP and 2026 272 dash zc is the applicant present. Mr. Dewey, come on down. You're welcome to present them together.

1:07:22If you'd like. Yes, please. Thank you. It gives you 10 minutes.

1:07:27Good evening commissioners I'm Jim Dewey with JD JR engineers 2500 Texas Drive sweet 100 Irving Texas. I'm here tonight on behalf of the property owners of this property that want to develop this as a logistics center warehouse.

1:07:43It's not going to be manufacturing. I think there might have been some confusion in the work session. It is simply going to be a warehouse. There's a lot of demand for that. And they already have a lot of interest in that use.

1:07:56As far as the comprehensive plan, our use is allowed in the zoning now, but the comprehensive plan says open space because a lot of that area is floodplain.

1:08:11And I think when it was done several years ago, maybe they didn't think it would ever be developed that as property becomes more valuable I think you're going to see more and more of this.

1:08:22And so that's the constant the future land use is just being changed to match the proposed use, but it's already allowed in the zoning as far as the zoning.

1:08:40This property is mostly floodplain. The flood study has been done has been submitted to the city of Irving for review and the floodplain manager has forwarded on to the core for approval.

1:08:50Typically in floodplains you have to prove that by whatever you're doing will not raise the floodplain elevation any so it doesn't cause any additional harm or higher floodplain on adjacent properties in this particular location.

1:09:07There's an additional requirement and that's because we're directly affected by the floodplain of the Trinity River within the Trinity River corridor.

1:09:15You not only have to keep the water surface elevation from rising, but you also have to have a Valley storage change of zero and what that means Valley storage is the amount of floodwaters that are on top of a piece of property for a 100 year flood.

1:09:32So you just can't come in and fill it all in and bring it up, even if, even if you could do it in a way that doesn't raise the water surface elevation.

1:09:41So whatever, whatever fill you get to come out of the floodplain, you have to get that much dirt from your property and creating more volume for the floodplain.

1:09:54That's why only about half of this property is being developed. We lowered all the north end and use that material to raise the south end.

1:10:03So only actually slightly less than half of this property will be reclaimed from the floodplain.

1:10:10And so now in terms of the zoning again, our use is allowed, but we're asking for two variances.

1:10:18And the first zoning is all properties on Beltline have an additional requirement that you cannot have parking within the first 30 feet.

1:10:35It's not part of the landscape ordinance.

1:10:37You can have a driveway much closer, but you can't have parking.

1:10:40And for this development, we need parking adjacent to the right of way.

1:10:46And we're simply not asking a variance from 30 to 10 because we feel like we deserve that type of variance.

1:10:54If you will look, the concept plan is up.

1:10:57And then this graphic that I have, I'd like to go through this graphic.

1:11:04They're both to scale.

1:11:05It's actually one inch equals 40 feet.

1:11:07So there's not any scale factor here.

1:11:10They're both the same scale.

1:11:13And you're looking down as if you were a drone at these two exhibits or two drawings.

1:11:19Just maybe telling you something you already know, but a public street, the city owns the right of way.

1:11:28But the right of way extends much wider than the paving.

1:11:33Paving is typically centered within the right of way.

1:11:35The area between the paving and the right of way that still the city owns, it's not paving.

1:11:42It's typically called the parkway.

1:11:45It's on that top exhibit.

1:11:49That's what would normally be required on this property.

1:11:53You have the 10 foot and typically the parkways are close to 10 foot.

1:11:57Occasionally they're more, but I'd say 70, 80% of the time they're right around 10 feet.

1:12:03So you'd have about 10 feet on each side, and that's shown as the cross-tatched area.

1:12:08And then we'd have our 30 foot parking setback from that.

1:12:13So from the curb, we would have 40 feet.

1:12:17That's per the current requirement.

1:12:20The bottom graphic is what exists at this location.

1:12:25And this is extremely unusual.

1:12:27I'd say this is probably the only property in Irving that I know of that is like this.

1:12:31For some reason, when they redid Beltline in the early 2000s,

1:12:36this property gave right of way not to the city of Irving.

1:12:42They actually gave right of way to the state of Texas through a condemnation in a court,

1:12:47and they gave 40 feet of additional right of way.

1:12:52So if you look at the bottom, the street pavement stays the same.

1:12:57But the parkway at this location from the paving to the edge of the right of way is 50 feet, already 50 feet.

1:13:08And so then we're requesting a variance of 10 feet,

1:13:13and that gives you a distance of 60 feet from the curb to our parking

1:13:19compared to what would normally be 40 feet complying with the ordinance.

1:13:24So we have 50% more landscaping, green space that this property owner will have to maintain

1:13:32because the property owners maintain the parkway.

1:13:35The city doesn't come and mow their parkway.

1:13:37It's your house.

1:13:38You have to mow to the street curb.

1:13:40So commercial properties, they'll have to maintain this all the way out to the street.

1:13:45That's the reason we're asking for it.

1:13:47It's not because we deserve a variance of 10 from 30.

1:13:52It's just we already have more landscaping than you would normally have,

1:13:56and it seems a little over the top to make us comply with the 30 in this particular location.

1:14:03It's going to look like we've given a lot more.

1:14:05We're not asking for a variance any plant materials.

1:14:07All trees, shrubs will be planted in there, and they will be maintained.

1:14:12The second variance is in relation to the parking.

1:14:16Warehouses just don't use the amount of parking anymore that the city of Irving's code requires.

1:14:2520, 30 years ago, maybe they did.

1:14:27They had a lot of workers that moved all the product, put it on racks, unloaded racks.

1:14:33Now, a lot of it's mechanized, robotics.

1:14:35They simply don't have that much.

1:14:37These modern warehouses are operated very differently.

1:14:42This variance from 1,000 to 1,000 to 2,000 has been granted by previous city councils

1:14:49several times in the past three of projects I worked on.

1:14:53And they don't have any parking issues.

1:14:56The city really needs to kind of update their parking requirement as it relates to warehouse.

1:15:02And so with that, I'll be glad to answer any questions.

1:15:06And I respectfully request you follow the staff recommendation and vote to recommend approval to the city council.

1:15:15Mr. Dewey, do you have a tenant already for this warehouse?

1:15:20No, they've had interest from several different warehouse developers.

1:15:27They do have a letter, an offer letter in an LOI.

1:15:32They haven't accepted that offer.

1:15:36But they will have a user before this gets approved through the city as far as building permitting.

1:15:45Okay, we won't see a sign up there that says release.

1:15:48No, ma'am.

1:15:50They're not, the owners don't want to build this building.

1:15:54They're going to do the floodplain reclamation, get all that done, and then they're going to sell it

1:16:00and let the warehouse developer construct the warehouse and all the paving.

1:16:12Any other questions from Mr. Dewey?

1:16:16Okay, thanks, folks.

1:16:18Anyone else who'd like to speak in support of these two cases?

1:16:26We do have Mr. Terhazadeh, did I say that correctly, who signed up to speak in opposition?

1:16:44Before you start, it might just be the direction of this.

1:16:47There's a gentleman speaking on the phone in the lobby that I'm having a hard time tracking if we could get him to quiet down.

1:17:08Thank you.

1:17:09My name is Salim Terhazadeh.

1:17:10I'm the attorney for one of the neighboring property owners, Tony Terhazadeh.

1:17:14I'm a resident of Plano.

1:17:16My client's a resident of Dallas County.

1:17:20First of all, he's owned the neighboring property for 40 years, and he just found out about this amendment on Friday.

1:17:29So we have very limited time, and we have very limited information.

1:17:33So we placed it against the proposed changes for most of the standard reasons,

1:17:41because whenever you convert property to a warehouse, there's always going to be some problems.

1:17:47As he even stated, this is a flood plain, so we're always obviously very worried about what it's going to do to the neighboring properties.

1:17:54So we haven't seen what their plans are.

1:17:57We haven't had a chance to review any of that.

1:17:59Also, just traffic, if you're talking about the 18 millers coming in,

1:18:03it could effectively render the neighboring properties somewhat worthless.

1:18:07The neighboring property that my client owns is a little more than half an acre, so they can't put a warehouse.

1:18:13So potentially, if this warehouse does go in, the property would become pretty much without use at that point,

1:18:20because when a warehouse goes in, you're not going to see a bunch of other businesses move in there.

1:18:26Like I said, with the limited information, that's all I can really say at this point.

1:18:31Obviously, we request additional time to have a chance to actually review what the plans are and review,

1:18:38especially related to the flood plains, before anything gets approved.

1:18:42But that's all I have, and I'm happy to answer any questions.

1:18:47Which property is your client's?

1:18:49It's one of the neighboring properties, and it's on Beltline.

1:18:53So it's one of the ones across the street on the...

1:18:55Okay, it's on the west side of Beltline?

1:18:57Correct.

1:18:58Okay, is it one of those smaller ones there?

1:19:00Yes.

1:19:01Okay, thank you.

1:19:04Do you know the zoning of your client's property?

1:19:06I believe it's owned the same as what it's...

1:19:11It's owned commercial, but I think it's under the same generalized site plan.

1:19:17And do you understand that the current zoning for this property would allow a warehouse?

1:19:22I understand that, but I also understand that it goes against the plan amendment.

1:19:27That's kind of more our objection is with the plan amendment.

1:19:30And how do you suggest that this would impact your client's property?

1:19:40Now, so your client's property owns about over half an acre, you said?

1:19:45That's my understanding, yes.

1:19:46For 40 years?

1:19:47Correct.

1:19:48On develop?

1:19:49Correct.

1:19:51And how will this affect your client's property?

1:19:53It affects the value of the property, more than anything.

1:19:56By building this warehouse across the street?

1:19:59To the extent that it actually causes some additional flood problems for the property, yes, it would affect the value.

1:20:05And like I said, we just found out about Friday, so I haven't had a really chance to review any of the information other than, you know, what I heard here today.

1:20:15Thank you.

1:20:16Just to clarify the property that your client owns is number eight.

1:20:25So you all can see it on the map.

1:20:27And it's actually a Grand Prairie address.

1:20:29It's not an Irving address.

1:20:30That's my understanding, yes.

1:20:32Have you looked at your concern as the flooding, correct?

1:20:37That, again, we just, I just found out about this today, to be honest with you.

1:20:44So my only known concern is the flooding and potential property value decrease.

1:20:48Those are the two big concerns.

1:20:49Okay.

1:20:50Have you looked at anything that was being presented to the city as far as flood maps or anything else and how they plan on bringing it up and offsetting it and doing all that?

1:21:01No.

1:21:02As I stated earlier, my client just found out on Friday and I just found out today about this, so I haven't had a chance to review any of that yet.

1:21:09Okay.

1:21:11So your two main concerns is flooding and property value, correct?

1:21:13Correct.

1:21:14Okay.

1:21:18Thank you, sir.

1:21:19If you'll have a seat, just for a moment.

1:21:21Thank you.

1:21:22Is there anyone else who'd like to speak in opposition to the item?

1:21:24Okay.

1:21:26Seeing none, Mr. Dewey, would you like to offer rebuttal?

1:21:28Yes.

1:21:33I'd just like to make two points.

1:21:35One I use is allowed in the current zoning, the reason we're coming for you is the two variances, which I think are reasonable in this case.

1:21:43One thing I can definitely assure the neighbor is that the United States Army Corps of Engineers does all the floodplain reviews.

1:21:52They're very thorough.

1:21:54They have experts at doing it and there is no way that we could get approval of our project without their approval.

1:22:03And for their approval, we have to prove that the floodplain is not rising nor are we reducing the valley storage on this property.

1:22:11All of that has been submitted for review.

1:22:15We know they're reviewing it.

1:22:16It hasn't come back yet.

1:22:17Whatever changes they need to make for us to comply, we're not anticipating any, but we'll do because we have to.

1:22:25And also the City of Irving's floodplain manager in capital improvements has also reviewed and had no issues with the modeling and the study.

1:22:33Thank you, sir.

1:22:38I'll close the item to the floor and return to the Commission for discussion or a motion.

1:22:45Question for staff.

1:22:49Is there any of those properties right there listed develop?

1:22:52Now, that whole side of the property is pretty much completely in the floodplain.

1:23:01It's actually more in the floodplain than the west or the east side is.

1:23:05So there because I was looking at the map as we were talking, it's a lot of these areas have been past quarry sites,

1:23:13which have lowered them pretty significantly, and that's why they've been undeveloped all this time.

1:23:18But no, none of these are developed.

1:23:20And a question for Mr. Dewey.

1:23:24Sorry if you don't mind.

1:23:26One question for you.

1:23:27Isn't this a lot heavily on trees?

1:23:32This is heavily vegetated.

1:23:35We are in the they're going to clear out everything but the trees so that we can get in there and do the required tree survey that will be required when we submit for a building permit.

1:23:46There's not a lot of large trees.

1:23:49There are some.

1:23:50There are some that are protected, but it's not as many as you would think by looking at it.

1:23:54Most of them are smaller than the required to be preserved.

1:23:58And many of them are not of a species that are count as I mean as a protected tree.

1:24:05But we will have to comply with the tree preservation ordinance about how big do you think that warehouse will be?

1:24:13I think it's a little over 100,000 square feet in terms of warehouses, modern warehouses.

1:24:19It's not a very big one, but it's a nice size.

1:24:24Thank you.

1:24:31If there's no further discussions amongst commissioners, I'd like to move comprehensive plan amendment 2026-302-C to City Council for approval.

1:24:44Second.

1:24:46We have a motion and a second.

1:24:48Right.

1:24:49Yeah.

1:24:50Raise your right hand for approval.

1:24:51April.

1:24:56Okay.

1:24:57Eight to eight to one.

1:24:59We have one denial.

1:25:00Is that correct?

1:25:01Okay.

1:25:02Thank you.

1:25:05Yeah.

1:25:06The approval.

1:25:07The motion passes for approval for 2026-302-CP eight to one.

1:25:15And we'll go on to a vote or any further discussion on 2026-272-ZC.

1:25:25Thank you.

1:25:40I'll second.

1:25:42We have a motion and a second.

1:25:43Please raise your right hand for approval.

1:25:48And the motion carries eight to one with one denial.

1:25:51Is that correct, April?

1:25:52Yes.

1:25:54Thank you.

1:25:55That was two seven.

1:25:56That was two seven two, right?

1:25:57Yes.

1:25:58Yeah.

1:26:00Just clear.

1:26:01Thank you.

1:26:02Okay.

1:26:03So, Mr. Dewey, you'll obviously present to City Council on October 29th for a final vote.

1:26:09Mr. Tarazadeh, I'm so sorry.

1:26:13Doing my best on that one.

1:26:15We do appreciate your input this evening.

1:26:18Our motion, excuse me, our vote is only for a recommendation.

1:26:23So I would encourage you to visit with City Council on October 29th if you have further

1:26:28questions.

1:26:29You're welcome.

1:26:30Thank you, sir.

1:26:32The zoning case tonight is 2026-276-ZC, is the applicant present.

1:26:40Thank you all for your patience tonight.

1:26:41We appreciate it.

1:26:42I know it's a long evening for your cases towards the end.

1:26:48Thank you.

1:26:49Commissioners, my name is John Tedesco with Kinley Horn Associates, 260 East David Street,

1:26:54Suite 100, McKinney, Texas, 75069.

1:26:56I just want to take five seconds and thank Gina.

1:27:02She has been helping with this project for, I want to say, six plus years.

1:27:06It's going on, plus or minus.

1:27:08On behalf of the applicant, I want to personally thank you before the Planning Zoning Commission.

1:27:13You have gone above and beyond to help us through this thing, from the many approvals

1:27:17to the building to where we are today, so thank you.

1:27:22So with that being said, why am I here today?

1:27:24So previously we had a site plan approved with a zoning case.

1:27:29Since then, the ownership has decided to come back before you all, before staff, and add

1:27:35on some additional space, some additional restaurant banquet space.

1:27:40So as you can see here, thank you, in this picture, that grayish area within that red

1:27:44circle has been added on since the previous approved site plan.

1:27:48In real short blunt story, they wanted to add it back on behalf of what they've been

1:27:53providing over there to the west, the phase one building.

1:27:57Recently they had planned to add it just with the ongoing construction that they're doing.

1:28:02They're building a couple hotels in the area back in April when they had the site plan

1:28:06approved, they decided to just pull it off, build a hotel, they'll come back and add the

1:28:09restaurant and all that other space.

1:28:11They've since then decided, let's add it on.

1:28:13Let's build it now.

1:28:14Let's get it done.

1:28:15Let's continue on this process.

1:28:17So there's a zoning, or excuse me, a plat case associated with this.

1:28:21And just to clarify from the work session, that plat case is to adjust the lot line

1:28:26to push the lot line past the Port-A-Caché, which is on that northwest corner of that

1:28:32red circle to be within this lot.

1:28:34So the plat is simply just to adjust it to have the Port-A-Caché completely on one lot.

1:28:40After going through some access agreements, it just didn't sound like it was going to

1:28:44be that right past.

1:28:45So we proceeded with the plat for that.

1:28:47Now for the zoning case, like I kind of been alluding to, right, we came back here before

1:28:52you all with this updated site plan to add this square footage.

1:28:56So right now, as of today, October 5th, 6,400 square feet of banquet is proposed, 2,946

1:29:06square feet of rush shot is proposed, and then the 237 keys.

1:29:13So the reason for the variance, right, the phase one was previously done back in 2020,

1:29:19or ZC20-0009.

1:29:21A couple of variances with that one, the three big ones were parking, meeting room

1:29:30square footage request, and then parking requirement between 161 and the façade.

1:29:37With that variance, we actually had a request for .7 parking spaces per key.

1:29:44With that zoning request, we also had some other little tidbits in there.

1:29:47There's a free shuttle to and from the airport.

1:29:50They have free parking at this current hotel, as well as just some other miscellaneous things

1:29:54like a loo to.

1:29:56The reason for that, my rambling here, we're having the same request here to have that

1:30:01same variance understanding.

1:30:03We're proximity from the airport is a couple of minutes away.

1:30:07The Ubers, the rideshares, that's what they're seeing right now, and they're not seeing

1:30:10a lot of hotel keys with parking.

1:30:13They're coming from the hotel for the meeting banquet space.

1:30:15They're coming with that, you know, staying at the hotel right there.

1:30:19In the other previous zoning case, ZC20-0009, we actually had an amendment in there, or

1:30:25a little note, that said that the future banquet would be provided in phase two, and we're

1:30:29here today to present that to y'all today with that 6,000 square feet that we promised

1:30:33in that previous zoning case.

1:30:37What staff have recommended, or spoke about earlier, is the same reasons we're requesting

1:30:40this variance.

1:30:41The proximity to the airport, the banquet being used with those same keys that are

1:30:47being, you know, said overnight, all those same variances is what we're looking for

1:30:52here today.

1:30:53Sir, you have one minute.

1:30:54I think I've rambled for enough.

1:30:59I think I covered all the things from the work session, port-au-cache, parking requirements.

1:31:05I could not find if staff, or P&Z, recommended approval previously to commission, I just

1:31:12could not find that.

1:31:13It is the same ownership.

1:31:15I was speaking with the CFO earlier this afternoon, after the work session, is different brands,

1:31:22so this is supposed to be a little bit more hired, nicer touch branding of their Sandman

1:31:27hotels.

1:31:28I personally never see it at it, so please don't ask me any questions related to that.

1:31:32But it's going to be the Sandman ownership.

1:31:33They pride themselves in owning the same land and taking care of their properties.

1:31:37And then the meeting being, I think it was like I mentioned before, it was in that previous

1:31:41CFC in 2020, and now we're coming here today with that in our site plan.

1:31:50Thank you, Mr. Tedesco.

1:31:52Any questions of the applicant?

1:31:55Do you have any information on the parking usage of the Sandman as it's been operating?

1:32:00How long has it been operating?

1:32:02A year, a year and a half, it hasn't been too, too long.

1:32:08It took a little bit after COVID with all the materials.

1:32:11I asked them about it this afternoon.

1:32:13They said they haven't had any complaints.

1:32:15I don't have any percentages of how's it lined up.

1:32:20And what they've told me from the general managership, there hasn't been any issues

1:32:23with it.

1:32:27So for your plan is to add 6,000 square feet for this banquet and restaurant and kitchen,

1:32:33you don't expect to have people, local area, you know, businesses and things like that

1:32:41come and utilize this space?

1:32:44I think the intent is during the day that may happen, but then at night they'll have

1:32:47the hotel keys take over.

1:32:49So if necessary, a kindling horn, for example, may come over here for a small venue, but

1:32:53then they'll be leaving from there.

1:32:54I'm just thinking Fox Studios, that's across, they'll come over and all their people live

1:33:00in the area.

1:33:01So they'll be driving in, so you'll need parking.

1:33:03Correct.

1:33:04But then they're not probably staying overnight.

1:33:05So those same users are probably not doubling up.

1:33:08So and then this restaurant, they don't have a brand or a title of a triple layer or anything

1:33:14like that.

1:33:15It's tapas centered.

1:33:18So it's supposed to be more of a kind of smaller bites and quicker bites.

1:33:22So it's not necessarily sit down to the tavern, I think, is it related to the West looking

1:33:27for longer staying people to stay over.

1:33:31It's like that.

1:33:33They don't have the programmatic stuff figured out yet, but the real intent is if there's

1:33:36a big banquet being used or a big user using the banquet, the restaurant is likely signed

1:33:40open, right?

1:33:41Because then they really want to have that kitchen space used for Fox or killing horn,

1:33:47whoever's coming over there to utilize that kitchen rather than the tapas for the afternoon.

1:33:52Again, they don't have it all figured out just yet, but that's their intent.

1:33:59So the Sandman, the current plot under the current plot, it has 199 spaces on it is what

1:34:07it shows here.

1:34:08Is that correct?

1:34:11So today there are, I have too many papers, one second.

1:34:24Today provided is 186 stalls on the first phase, the, thank you, on the first phase,

1:34:31the West phase.

1:34:32Okay.

1:34:33So, um, and then on the, again, the current under the current plan, the sudden property,

1:34:42is there anything parking or is there any parking constructed on within that currently?

1:34:48Um, there are a couple stalls that are installed today that, that exists today that we would

1:34:54keep.

1:34:55Um, the lot line does need to shift though for the porche though.

1:35:00So there's some, I think it's 13 spaces that are on the phase two, the future hotel that

1:35:05would be flipped to.

1:35:07And that's what gets to the 199.

1:35:08Correct.

1:35:10Yes.

1:35:11Yeah.

1:35:12From, from the 199.

1:35:14Yes, sir.

1:35:15Okay.

1:35:16Sorry.

1:35:17I just wanted to get that clear.

1:35:18There's a lot of numbers that I completely understand.

1:35:20And you mentioned that the part of the deal when you originally got approval was that

1:35:24you weren't charging for parking.

1:35:25Oh, no, I was just letting you guys know that they don't charge for parking.

1:35:28They don't charge.

1:35:29It's just, they don't correct.

1:35:30And then we'll, you're anticipating that that will remain the same.

1:35:38Are you all allowed to use the parking lot from the retail?

1:35:44Next door.

1:35:45That's a great question.

1:35:46Um, we don't have any sort of formal agreement.

1:35:48Um, I did ask the ownership that, um, if they would be interested in doing that, they

1:35:53said, absolutely.

1:35:54Um, they just haven't formalized anything.

1:35:57I mean, I don't know what's, you know, over there today, but I'm sure there's plenty

1:36:02of spaces with parking available.

1:36:04Um, it's Tupelo honey and Starbucks and, uh, there's another restaurant over there.

1:36:09I can't remember yolk or Yelp or something.

1:36:11So I'm sure they're probably utilized today if there is ever flow, but, um, that's not

1:36:16something we have formalized today, sir.

1:36:19You mentioned there, they were building two other hotels in the area.

1:36:22Yeah.

1:36:23What were those two hotels?

1:36:24Um, one is in, um, Fort Worth and then they have an existing one in Plano and then we're

1:36:30building a third at a, another location that I'm not sure if I'm allowed to talk about,

1:36:34but they're building another one.

1:36:35Thank you.

1:36:39I just want to make sure I'm clear, so currently you have on Sandman, 186 spaces.

1:36:44Yes, ma'am.

1:36:45That's correct.

1:36:46Okay.

1:36:48And so for Sutton, you're asking for 230.

1:36:59So together that's over 300 spaces.

1:37:05I apologize.

1:37:07I'm making sure I got my math all correct.

1:37:08I wrote this down a couple of times to make sure 100 spaces.

1:37:16Yes.

1:37:17We're requesting a variance of 16.

1:37:18So it'd be two, two 30.

1:37:19Yes, ma'am.

1:37:25I think there's enough space in that area, Gina, for all those parking spaces.

1:37:36Yeah.

1:37:37That's the count that they have on their site plan.

1:37:40So is there enough space as a subjective question, but those that's the count that

1:37:44they have there currently.

1:37:45Are those spaces a regular parking spot or is that compact?

1:37:52No, they should all be nine by 18.

1:37:55I mean, I don't, you can only do, I think 10% compact anyway, but I'd be surprised

1:38:01if they weren't normal sized parking spaces.

1:38:04I'm not aware of any compact from the ones that we've designed, they're all nine by

1:38:0818.

1:38:15Mr. Tedesco.

1:38:16Yes, ma'am.

1:38:17Explain to me why they want to keep these as two separate properties because it's some,

1:38:20to me, that says at some point Sutton Place may sell separate from Sandman or vice versa.

1:38:27If that's the case, then, you know, you have by, by developing this plan on Sutton Place,

1:38:36we're going to end up with less than 70, a deficit of 70 on the Sandman side, which

1:38:45is a real disadvantage for that hotel.

1:38:48So from, from that perspective, I can't really support this because otherwise I don't know

1:38:51why you're separating the properties when they're owned by the same entity.

1:38:54That was a fair question.

1:38:56I'd have to ask the applicant on why.

1:38:58Yeah, I mean, for that reason, I'm, I'm not in favor of the case, but would it be amicable

1:39:07to request maybe then we table lists or postpone, if I can speak with the applicant a little

1:39:13bit more, maybe have some sort of shared parking between the two lots so that they can have

1:39:19that in stone or just work with staff a little bit more, if that's the case, would request

1:39:24if that is an option, gets a little bit more time.

1:39:28It's completely your choice and, and completely in your right to ask, I would encourage you

1:39:35to do it because I don't know about my fellow commissioners, but I'm not in favor of approving

1:39:40this with the kind of a deficit on the Sandman side.

1:39:43Got it.

1:39:44I would support a postponement to work with staff and work with your applicant and try

1:39:49to figure out what y'all guys are going to do and try to narrow it down a little better.

1:39:54Yes, sir.

1:39:57Just to give you some guidance from me, I think one of my concerns would be the spillover

1:40:02to the retail.

1:40:03So if that's something that y'all are able to address, that would, that would help me

1:40:07a lot.

1:40:08I've seen that happen with hotels and these sort of mixed use developments.

1:40:14Thank you.

1:40:16I would like to know the current parking usage of the Sandman Hotel as it is right now on

1:40:25its busiest day.

1:40:28Yeah, there's 80% full on a Tuesday.

1:40:32Is it how many parking spaces is it?

1:40:35Rough count.

1:40:37Yes, sir.

1:40:40Thanks, Mr. Tedesco.

1:40:41Thank you.

1:40:42Is there anyone else who'd like to speak in favor of the item?

1:40:46Anyone in opposition?

1:40:50Since there's no one else to speak, I'll close the item to the floor and return it

1:40:54to the Commission for discussion or a motion.

1:40:58I got one question for the applicant.

1:41:03You did say you would like to request a postponement versus a vote at this point, correct?

1:41:08If that's okay.

1:41:09Yes, I would.

1:41:10It's totally your choice.

1:41:13If the commissioners don't mind, if y'all could please postpone this for a little bit.

1:41:20You need a month, two months.

1:41:21I was just about to say, our next meeting is November 2nd.

1:41:25Second, you said, yeah.

1:41:27Could we do two?

1:41:28This way, I'll give some time between, I know the holiday is going to be crazy and

1:41:32is that?

1:41:34Yes, that should.

1:41:35December 7th?

1:41:36Yes.

1:41:37If the commissioners don't mind to postpone this to December 7th meeting, give us some

1:41:40more time to meet with staff.

1:41:41I would, on behalf of the applicant, I would appreciate that.

1:41:44Okay.

1:41:45So if there's no other further comments from the commissioners, I'd like to move zoning

1:41:49case 2026-276-CC to be postponed to the December 7th meeting.

1:41:58Second.

1:41:59We have a motion and a second.

1:42:02Please raise your right hand for approval to postpone.

1:42:06Okay.

1:42:07Motion carries 9-0.

1:42:08We appreciate your flexibility.

1:42:10I think that's a smart move.

1:42:12Thank you all.

1:42:13And so we'll see you all on December 7th.

1:42:18Okay.

1:42:19I'm very sorry y'all had to wait until the very end.

1:42:22We have one final case, 2026-278-CUP, is the applicant present.

1:42:30If you'll come down and speak, are you Mr. Martinez?

1:42:34You'll give your name and city of residence.

1:42:39Were you present at the work session earlier this evening?

1:42:42No, I was not.

1:42:44Okay.

1:42:45My name is Juan Martinez.

1:42:46I reside in Dallas County, Richardson.

1:42:48Thank you very much.

1:42:49Well, you have five minutes in which you can present your case regarding the Sam Hill

1:42:54property.

1:42:55I was here to present my case for the rezoning to short-term rental for 9/10 Sam Hill.

1:43:02I became aware of this probably a month ago that we had to go through this whole process,

1:43:08and it was kind of rushed for me.

1:43:10I kind of rushed it, got it all together, presented it to the city, and here I am now.

1:43:18I've had not one problem with my short-term rental in the six months that I've had it.

1:43:28So you've had it listed on Airbnb or VRBO for six months, and the city just recently

1:43:34identified that it was a short-term rental, and then asked you to register.

1:43:39Since I was out there, I think they were trying to get ahold of me for a month, and

1:43:43then they finally got ahold of me, and then we started the process.

1:43:48Thank you.

1:43:49Do any other rental properties, short-term rental properties, or is this your...

1:43:53This is my first.

1:43:54I have two rental properties in Fort Worth, long-term, and just kind of getting back

1:44:03to what the lady that said that was here in the beginning, it is hard to keep up the

1:44:14long-term rentals versus short-term, so much more damage and wear and tear and just things

1:44:25that go on.

1:44:33So Mr. Martinez, did you buy this property so that you can do short-term rentals?

1:44:37No, ma'am.

1:44:39I lived there for three years prior.

1:44:42This was my late mother's home.

1:44:45I inherited it from her.

1:44:48She's been a long-term Irving resident for, I want to say, 16, 17 years.

1:44:59When you decided that you were going to do short-term, did you consider the neighbors

1:45:03at all and the impact to the neighborhood?

1:45:09I didn't think it would be a bad thing, just probably from my not having experience with

1:45:18short-term and the experience that I have had is not a bad one, so I would say no.

1:45:29Have you done short-term rentals before?

1:45:31No, sir.

1:45:32So all your experience has been with the long-term rentals?

1:45:36That's correct.

1:45:37Thank you, sir.

1:45:40How occupied has been the property with Irving and B the last six months?

1:45:46It's been pretty booked, probably 75, 80% of every month.

1:45:53It's pretty desirable.

1:45:54It's a nice neighborhood.

1:45:57I believe I have the best house on the block.

1:45:58I keep it up pretty good.

1:46:00I take pride in the house and its appearance, it being in the family for so long.

1:46:07Have you had any problems with the Irving and B, the gas that come in too?

1:46:16I haven't had any major issues.

1:46:17I've only had one, and that was with pets, but that was to the inside of the property,

1:46:24inside of the home, but that's it.

1:46:28My house rules are pretty strict.

1:46:31I stayed in there that this is not a party house, there will be no drug use or anything

1:46:40of that matter, and if there is, it's going to be enforced with any kind of police or

1:46:49anything like that.

1:46:52Why were they not able to get ahold of you for a month?

1:46:55Just me not checking my mail, and whoever was getting my mail, they weren't telling

1:47:00me that, hey, you have a city of Irving letter here.

1:47:10So since you said you lived there for three years, then you know the neighbors?

1:47:14Yes, ma'am.

1:47:16And did you talk to them at all and say, hey, I'm going to be moving out and here's

1:47:21what I'm going to be doing here?

1:47:23No, no, I didn't.

1:47:26And then when you say that somebody's been picking up the mail, you have somebody else

1:47:30come get the mail?

1:47:31A family member.

1:47:32Yeah.

1:47:35Okay.

1:47:36It's also Irving resident.

1:47:38You made a comment earlier.

1:47:40Explain to me when you said that it's a good house for STR because it's a desirable neighborhood.

1:47:45It is.

1:47:46It's safe.

1:47:47So explain to me what you mean by desirable neighborhood.

1:47:49Well, I mean, I've lived there, I mean, I've never had a problem living there, I love

1:47:53living there.

1:47:54It's quiet, it's desirable, it's, you know, very well kept.

1:48:00So while you was living there, your mom was living there, how would you feel if somebody

1:48:06tried to put an STR next door to you in your honest opinion?

1:48:12In my honest opinion, well, it really depends on the guest.

1:48:19I mean, I can't say every guest is delinquent.

1:48:23Then you understand the concerns of your neighbors.

1:48:26I would probably say, sure, I mean, to be honest.

1:48:39Thank you, Mr. Martinez.

1:48:41We still have to continue with the public hearing.

1:48:43So if you'll give us another minute.

1:48:45Thank you.

1:48:46You're welcome.

1:48:47Is there anyone else who'd like to speak in favor of the item?

1:48:51We do have one signed up to speak in opposition, Marian Rona.

1:48:54Would you like to offer any comments?

1:48:56Good evening.

1:49:11I appreciate going last, I'm just kidding, just kidding.

1:49:19My name is Marian Rona.

1:49:21I live on Sam Hill Street.

1:49:23I've lived there since about 2008.

1:49:27And I do feel like my house is one of the best ones on the-- in fact, it was his grandmother's

1:49:33house before it was my house.

1:49:35So it has been part of the family, and I've been blessed to live there.

1:49:46In terms of the neighborhood, it is just a beautiful family-friendly neighborhood.

1:49:57It also backs up to MacArthur High School.

1:50:00I love hearing the band playing at 7 o'clock in the morning, up and down that wonderful

1:50:08field that's in my backyard.

1:50:12Like all of our wonderful people who were here earlier, Rick and Michelle and Klaus,

1:50:20they had wonderful things to say.

1:50:21We're actually in the same neighborhood.

1:50:25My backyard is MacArthur High School, OK, as is Cock Street.

1:50:34They line up with that as well.

1:50:37And so to bring in-- so when you have people walking their dogs all the time, with little

1:50:48bags to do their duty, when you have children playing out front and walking down to my

1:50:54house to say hi, or the children on the other side jumping on the trampoline late at night.

1:51:04I'm kidding.

1:51:06It's wonderful to have.

1:51:08And I think people coming and going intermittently and not knowing who they are, and not-- to

1:51:16me, it like-- it demeans the safety of the street as well, not just the value of the

1:51:25property.

1:51:26And I'm not against long-term rentals.

1:51:29I know that long-term rentals help families.

1:51:34And oftentimes, they need that.

1:51:37They can't buy a house themselves, so they need rentals.

1:51:40I am in favor of that.

1:51:42But to have people coming and going and not have any idea who they are is upsetting.

1:51:52We are really close to the highlands-- I was surprised they had an issue this evening--

1:51:58as well as University of Dallas.

1:52:02And so we're just like two miles, three miles from both those places.

1:52:10I've known of people who would rent an Airbnb to have a party that they can't have at home

1:52:15or they can't have in the dorm.

1:52:17I'm not saying anybody's going to do that.

1:52:19I'm just saying, this does happen.

1:52:23So I just want to make sure I got everything that I wanted to really say, to really keep

1:52:35in mind the safety of our street, the family-friendly nature of our street, the keeping families

1:52:49that we know.

1:52:50There were a lot of people who wanted to come tonight.

1:52:53I was the only one that was able to do it.

1:52:55I have wonderful friends here who have waited with me.

1:52:58That's been kind.

1:53:01But I want to be able to see the children walk back over to their house and not have

1:53:06it be blocked by pickup trucks or big storage vehicles.

1:53:19I was surprised that was there today.

1:53:21Maybe they're--

1:53:22Sam, you have one minute.

1:53:23Thank you.

1:53:24So I hope all of you know that Sam Hill Street was named after a gentleman named Sam Hill.

1:53:34And as I drive by it, I say what the Sam Hill is going on.

1:53:39And he actually came to a lot of the city council meetings and spoke, gave his opinion

1:53:46on things.

1:53:47And so it was an honor that they named this street after him.

1:53:52And I would just really like it to be-- to maintain it as a family-friendly neighborhood

1:53:59without strangers coming and going.

1:54:02Thank you for your help.

1:54:06Thank you.

1:54:07Mr. Martinez, would you like to offer any rebuttal?

1:54:10Yes, ma'am.

1:54:23I guess my only rebuttal would be there's not really-- none of my Airbnb guests have

1:54:29parked out in the street or made a big traffic nuisance of anybody traveling the street.

1:54:39Other than that, Sam Hill has always been known.

1:54:42There's people on that street 24-- not 24/7, but people pick up their kids on that street.

1:54:50So that whole opinion is, I think, not valid.

1:54:57But other than that, no, I know the neighbor.

1:55:00I've always valued her as a neighbor, great neighbor.

1:55:04She lives right next door.

1:55:07So I would have to argue the fact of me having any issues or any problems with any of my

1:55:16guests with any of my rules or anything like that.

1:55:20But that's really about it.

1:55:24Thank you.

1:55:25Thank you.

1:55:26One question for you, Mr. Martinez, do you do a background check at all on your guests?

1:55:31Or do they just sign up?

1:55:33No, they sign up, and Airbnb has got a strict check of the people.

1:55:42And I look at their history.

1:55:44I look at their reviews, just like they look at mine.

1:55:47So I'm able to see whether or not anybody has an issue or had an issue with any of

1:55:53them.

1:55:54I have been asked that people be able to bring in more guests, that they be able to have

1:56:03a party or other people over, and the rules are not-- the rules are you have eight people

1:56:11sign up, and that's it.

1:56:12You said eight people?

1:56:13Yeah, this is an eight people, max eight people.

1:56:18How many bedrooms is that in this house?

1:56:21Well, I have a pullout couch in the--

1:56:23I didn't ask that.

1:56:24I just said, how many bedrooms is it?

1:56:27Three.

1:56:28Three.

1:56:29OK.

1:56:32Yes.

1:56:33So it's listed as six comfortably, max eight.

1:56:37OK.

1:56:39Do you want to come back?

1:56:49I actually have a question for her, so.

1:56:52Please come down.

1:56:58We're still on the public hearing, so it is allowed.

1:57:00Sorry.

1:57:04I was speaking to a gentleman that he's been renting to, and it sounded as if-- and I

1:57:11didn't-- I don't really know-- but it sounded as if there was a back part of the house

1:57:15that was separate, that he was living in, and he was picking up the mail and stuff

1:57:21like that.

1:57:22I do not believe he was family.

1:57:24I wanted to mention that.

1:57:25I'm sorry.

1:57:26OK.

1:57:27Since you live-- about two houses?

1:57:28No.

1:57:29I live next door.

1:57:30Right.

1:57:31Really, next door?

1:57:32Literally.

1:57:33OK.

1:57:34What issues have you seen in the last six months?

1:57:36I mean, the house has been occupied 75% to 80% of the time the last six months by different

1:57:41guests.

1:57:42What's your experience like?

1:57:45I would like to comment on that, but I've been going through some medical issues, and

1:57:49I have not been aware.

1:57:53Would you say aware?

1:57:57OK.

1:57:58Have you seen like a-- I don't know-- a trash, a lot of people outside, maybe a--

1:58:04I've seen just-- I've seen people coming and going.

1:58:07People going-- OK.

1:58:08Have you heard from other neighbors?

1:58:09I've heard from a lot of other neighbors that were concerned about this and were asking

1:58:14me to come so that someone would be here to represent-- I wish we all had signs and

1:58:20is the turnout that they had, but it's-- basically, it's the same neighborhood.

1:58:26It's the same-- the same thing that you would have with sometimes the students coming on

1:58:35the street and picking up-- being picked up on the street and things like that, walking

1:58:43back and forth.

1:58:44I've seen that as well.

1:58:45All right.

1:58:46Thank you.

1:58:53OK.

1:58:54Thank you.

1:58:55Any further rebuttal, Mr. Martinez?

1:58:56Or you good?

1:58:57OK.

1:58:59Thank you, sir.

1:59:00So if no one else is ready to speak in opposition to the item, then I'll close the item to the

1:59:06floor and bring it to the Commission for further discussion or a motion.

1:59:14I'd like to offer a comment before the motion.

1:59:17I'd like just to say the reason I'll pose to this case in particular is because it's

1:59:23back into MacArthur High School.

1:59:26And just for the safety, I mean, we have a lot of, I don't know, lately school shootings.

1:59:32And you never know who can be staying at that house that it has something different

1:59:36in mind and that will be the reason why the denial on my side.

1:59:43Yeah.

1:59:44And I would like to just echo that and I do appreciate you coming out and voicing your

1:59:50concerns.

1:59:51It's very helpful to us to hear from the neighbors and the people in the community about the

1:59:56impacts of short-term rentals and I think--

2:00:00I think this is another good example of protecting the integrity of the family friendly neighborhoods

2:00:08and not taking for granted one of the reasons they are nice and quiet and safe is because

2:00:15there are no short term rentals there.

2:00:17So I could not support this request.

2:00:23I think I agree with Daniel as far as protecting the community and doing all that and by his

2:00:29own admission if his mom was still living there etc. he'd probably be with you guys

2:00:35opposing a short term rental next door to him.

2:00:40So with that being said if there's no other comments from the commissioners I want to

2:00:44move conditional use permit 2026 - 278 - CUP to City Council for denial.

2:00:53Second thank you very much we have a motion and a second for denial please raise your

2:00:59right hand if you agree with the denial okay motion carries nine to zero for denial Mr.

2:01:06Martinez what this means is it's our recommendation to City Council they'll be meeting this Thursday

2:01:13on October 8th so you will want to come and present your case on October 8th to City Council

2:01:21they may have other questions for you and you'll have an opportunity to convince City

2:01:27Council to approve the case all right thank you all.

2:01:32Meeting is adjourned at 9 p.m. this evening thank you all very much.

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