>> ALL RIGHT. EVERYBODY IT'S SEVEN O'CLOCK TIME TO CALL THIS TOWN OF
[CALL TO ORDER]
[00:00:04]
JUPITER PLANNING AND ZONING COMMISSION MEETING TO ORDER ON THIS SEPTEMBER 13TH, 2022.MADAM SECRETARY, WOULD YOU CALL THE ROLL, PLEASE?
>> COMMISSIONER MARC PINTEL, COMMISSIONER JOHN WEISMAN, AND COMMISSIONER RICHARD DUNNING.
>> OKAY. THE FIRST ORDER OF BUSINESS IS TO APPROVE
[MINUTES]
THE MINUTES FROM THE LAST MEETING IN JULY.DOES ANYBODY HAVE ANY CORRECTIONS? SEEING NONE OTHER ENTERTAIN A MOTION TO APPROVE.
>> MAKE A MOTION TO APPROVE THE MINUTES.
>> THANK YOU. ALL IN FAVOR SAY AYE.
OKAY. OUR FIRST AND ONLY ORDER OF
[B1. Pennock Square]
BUSINESS TONIGHT IS THE PENNOCK SQUARE SPECIAL EXCEPTION AND SITE PLAN AMENDMENT APPLICATION.YES, SIR. PUBLIC COMMENTS YES.
DO WE HAVE ANY PUBLIC COMMENT CARDS?
>> THANK YOU. MR. BAIRD, DO YOU NEED TO SWEAR IN PARTICIPANTS TONIGHT?
>> FOR ANY TESTIMONY MAY PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR THE TESTIMONY ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH?
>> THANK YOU THAT'S IT. NOW HAD DISCLOSURES FROM THAT COMMISSION.
DOES ANYBODY HAVE DISCLOSURES ON THIS ITEM? MR. PATEL?
>> I'VE SPOKEN WITH STAFF ABOUT A COUPLE OF QUESTIONS ABOUT THE CODE AND SOME REQUIREMENTS, AND I'VE ALSO DRIVEN BY THE PROPERTY COUPLE OF TIMES THIS PAST WEEK AND WALK THE PROPERTY TODAY.
>> THANK YOU. COMMISSIONER KIRN.
>> LET'S SEE. I GO THERE PRETTY REGULARLY.
MY BARBER IS NEXT TO THE SPACE THAT'S CONTEMPLATED FOR THE RESTAURANT.
>> THANK YOU. COMMISSIONER DUNNING.
>> YES, [OVERLAPPING] I WAS GOING TO GO.
I'M ALSO VERY FAMILIAR WITH THIS PLAZA.
I GO THERE QUITE FREQUENTLY, AND I ALSO SPOKE WITH THE TENANT TOO.
>> THANK YOU, COMMISSIONER DUNNING.
>> YES. I DROVE BY THEIR DAY AND NIGHTTIME AND SPOKE WITH STAFF ON THIS MATTER TOO.
THANK YOU. WE'LL FIRST HEAR FROM THE APPLICANT.
>> GOOD EVENING. TROY HOLLOWAY WITH TWO GHO.
WE'RE HERE TONIGHT ON BEHALF OF PENNOCK SQUARE AND OUR CLIENT, LAST MILE INVESTMENTS.
THEY ARE CLIENTS AND THEY'RE ALSO THE PROPERTY OWNER AND THEY'RE HERE TONIGHT.
HE'S FLOWN DOWN FROM CINCINNATI TODAY TO BE HERE FOR THE MEETING.
FEEL FREE TO ASK HIM ANY QUESTIONS WHILE HE'S HERE.
WE'RE HERE TONIGHT FOR REQUEST FOR A READ DESIGNATION OF USES ONLY AS TO ALLOW FOR A 356 SQUARE FOOT INCREASE OF SPECIAL EXCEPTION RESTAURANT USED FOR THE PROPOSED 2474 LA GRANJA RESTAURANT, THE EXISTING SHOPPING CENTER.
AS YOU ALL HAD MENTIONED, YOU'RE ALL VERY FAMILIAR WITH THE LOCATION.
IT'S LOCATED IN NORTHWEST CORNER OF INDIAN TOWN IN PENNOCK.
LAYING THIS CENTER WAS PREVIOUSLY DEVELOPED A MID TO LATE 70S, KNOWN AS WOODS PLAZA.
THEN IT WAS PURCHASED BY A DIFFERENT OWNER.
I THINK IT WAS CALLED THE RESERVE AT THAT POINT, AND THE CURRENT OWNERS HAVE PURCHASED IT ABOUT MARCH OF 21.
THEY'VE OWNED IT FOR JUST A LITTLE MORE THAN A YEAR.
THE CENTER IS SURROUNDED ON THE EAST, WEST, AND SOUTH SIDES BY EXISTING OFFICE AND SOME COMMERCIAL USES, AND ON THE NORTH BOUNDARY BY MULTI-FAMILY RESIDENTIAL.
YOU CAN SEE THE NORTH BUILDING WE'VE HIGHLIGHTED THE EXISTING RESTAURANT USES.
WE HAVE ALL SPORTS GRILL HERE ON THE EASTERN END OF THAT NORTH BUILDING.
THEN WE HAVE JIM'S PLACE, PIZZA HUT, AND THEN THERE'S A VIETNAMESE RESTAURANT HERE CALLED PHOS AND ROLLS.
THEN THIS IS THE PROPOSED LA GRANJA THAT WAS THE PREVIOUS DELI THAT HAS GONE OUT OF BUSINESS.
[00:05:05]
JUST SOME SITE DATA SUMMARY, THE TOTAL SITE IS 4.16 ACRES.THE EXISTING AND PROPOSED BUILDING AREAS 43,597.
THERE'S NO PROPOSED CHANGE IN THE BUILDING SQUARE FOOTAGES.
THE EXISTING PARKING IS 216 SPACES.
PARKING REQUIRED BY CODE WITH THE USES OF EXISTING AND THE PROPOSED RESTAURANT IS 253, BUT WITH SHARED PARKING THAT BRINGS IT DOWN TO 204.
AGAIN WE HAVE 216 PROVIDED CURRENTLY.
THESE ARE SOME OF THE SQUARE FOOTAGES EXISTING AND PROPOSED.
AS YOU CAN SEE, THE MEDICAL OFFICE, WE HAVE 9,166 SQUARE FEET.
THAT'S NOT CHANGING FROM EXISTING.
THE RETAIL USE WE HAVE 22,258, THAT'S DROPPING DOWN BY 2,474.
BASICALLY THAT'S THE DELHI CHANGED BECAUSE DELHI WAS CONSIDERED RETAIL.
THAT'S GOING SO THAT THE RETAIL WILL DROP TO 19,784.
OUR RESTAURANT EXISTING IS 8,515 CURRENTLY ON SITE.
WE'RE PROPOSING TO GO TO THE 10,989.
THAT'S THE INCREASE OF THE 2,474.
I'D LIKE TO MENTION THAT BACK IN 2018, THE SITE WAS APPROVED FOR 10,633 SQUARE FEET, A RESTAURANT USE, WHICH IS THE SPECIAL EXCEPTION USE.
ESSENTIALLY WE'RE ASKING FOR A 356 SQUARE FOOT INCREASE IN THAT RESTAURANT OVERALL USE.
IN ADDITION TO THE RESTAURANT'S SPECIAL EXCEPTION, WE'RE ALSO GOING TO RE-DESIGNATING SOME OF THESE.
ONE OF THE WAYS ANYWAY, THE INDOOR RECREATION, IT WAS APPROVED AND IS IN HIS OPERATIONAL IT WAS APPROVED AS INDOOR RECREATION.
THAT'S 3,658 SQUARE FEET, BUT IT'S BEING USED MORE SO AS A PERSONAL FITNESS EXERCISE STUDIO, YOGA STUDIOS.
THE BIG DIFFERENCE THERE IS PARKING WHERE INDOOR RECREATION IS MORE LIKE A JUPITER FITNESS WHICH IS MORE LIKE A GYM WHERE PEOPLE, WE HAVE LARGE CROWDS IN THE MORNING, LARGE CROWDS IN EVENINGS.
THIS IS AN OPEN GYM ATMOSPHERE.
THIS IS MORE OF EXERCISE STUDIO.
THEY HAVE SCHEDULED CLASSES, YOU HAVE TO RESERVE YOUR TIMES.
IT'S MORE OF PERSONAL FITNESS AND WE HAVE DONE THAT PREVIOUSLY IN A TOWN IN OTHER LOCATIONS AS WELL.
THE TOTAL SQUARE FOOTAGE FOR THE OVERALL CENTER IS NOT CHANGING.
YOUR CODE DOES HAVE SPECIAL EXCEPTION CRITERIA THAT WE MUST MEET IN ORDER TO BE APPROVED FOR SPECIAL EXCEPTION.
REQUESTS FOR THIS RESTAURANT USES COMPATIBLE WITH A CHARACTER AND EXISTING USES OF THE CENTER, IT WILL NOT HAVE A DETRIMENTAL IMPACT ON SURROUNDING PROPERTIES.
LASTLY, WE WILL NOT POSE A THREAT TO TRAFFIC AS REQUESTED.
MODIFICATION IS CONSIDERED INSIGNIFICANT WITH REGARDS TO THE TRIP GENERATION.
LASTLY, THERE WAS SOME CONCERN WHICH CAME IN 2018 FOR THIS RESTAURANT USAGE.
THERE WAS SOME DISCUSSION ANYWAY WITH THE AMOUNT OF RESTAURANT AND THE PARKING.
THE PARKING WASN'T AN ISSUE THEN.
DEFINITELY, IT'S NOT AN ISSUE NOW.
JUST THE STAFF HAD ASKED THAT WE DO AN ON-SITE PARKING STUDY, WHICH WE DID.
BASICALLY THAT STUDY WAS DONE BY THE TRAFFIC ENGINEER THAT INDICATED THAT ONLY 40 PERCENT OF THE PARKING IS CURRENTLY BEING UTILIZED AT THAT CENTER AT THE PEAK DEMAND.
THE APPLICATION DOES NOT PROPOSE ANY ADDITIONAL SQUARE FOOTAGE.
THE TRAFFIC IS CONSIDERED INSIGNIFICANT.
WE DO MEET ALL SPECIAL EXCEPTION AND SITE PLAN CRITERIA WITHIN THE CODE.
THIS RESTAURANT WILL ALSO FOSTER POTENTIAL FOR MORE DINING OPTIONS WITHIN THE TOWN, WHICH IS ALWAYS A GOOD THING.
THE APPLICANT DOES AGREE TO ALL CONDITIONS OF APPROVAL.
WITH THAT WE'RE HAPPY TO ANSWER ANY QUESTIONS.
>> THANK YOU. NOW I HEAR FROM PETER BEGOVICH FROM THE TOWN'S PLANNING BOARD.
>> GOOD EVENING. FOR THE RECORD, PETER BEGOVICH WITH THE TOWN'S PLANNING AND ZONING DEPARTMENT.
STAFF RECOMMENDS APPROVAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION AND SITE PLAN AMENDMENT TO ALLOW A RESTAURANT, CONVERT AN INDOOR RECREATION UNIT TO AN EXERCISE STUDIO, AND MODIFY THE EXISTING SHARED PARKING AGREEMENT AT AN EXISTING SHOPPING CENTER WITH THE CONDITIONS OF APPROVAL AS PROVIDED IN EXHIBIT 1.
THE CURRENT REQUEST IS A SPECIAL EXCEPTION SITE PLAN AMENDMENT TO CHANGE THE USE OF BAY 21 AND 22 FROM RETAIL TO RESTAURANT AND A SITE PLAN AMENDMENT TO CHANGE THE USE OF BAY 26 AND 27 FROM INDOOR RECREATION TO EXERCISE STUDIO.
THE FLOOR PLAN INDICATES THAT THE BAY 21 AND
[00:10:04]
22 WILL BE A RESTAURANT CALLED LA GRANDIA.THE TOWN COUNCIL APPROVED UP TO 10,633 SQUARE FEET OF RESTAURANT AT PENN X SQUARE BACK IN 2018.
THERE'S CURRENTLY 8,515 SQUARE FOOT OF RESTAURANT OPERATIONAL TODAY.
THIS WILL INCREASE IT TO 10,989 WHICH IS 356 MORE THAN THE CURRENTLY APPROVED MAXIMUM.
THE APPLICATION ALSO INCLUDES A REQUEST TO CHANGE USE FROM INDOOR RECREATION TO THE EXERCISE STUDIO AND THAT'S FOR BAY 26 AND 27.
THAT REDUCES THE MAXIMUM 100 PERCENT PARKING RATIO OF OUR REQUIREMENT FROM 18 TO 12 FOR THAT UNIT.
IT'S A REDUCTION OF SIX REQUIRED PARKING SPACES.
THE JUSTIFICATION FOR THIS IS BASED ON LIMITED OPERATING HOURS.
THEY REPRESENT THAT IT CLOSES AT 06:30 PM IN THEIR STATEMENT OF USE.
THAT'S WHEN INDOOR RECREATION IS PEAKING AT 100 PERCENT IS IN THE EVENING, FROM 6:00 TO MIDNIGHT, TYPICALLY.
THEN THE BUSINESS OPERATES MORE LIKE A DANCE STUDIO THAN A FITNESS CENTER OR AN OPEN GYM.
CONDITIONS OF APPROVAL HAVE BEEN INCLUDED THAT REQUIRES STAGGERED CLASS TIMES, A MAXIMUM OF 10 CUSTOMERS IN A CLASS, AND PROHIBITS THE USE OF THE STUDIO SPACE OUTSIDE OF THE SCHEDULED CLASS TIMES.
THE PROPOSED USE CHANGES THE SHARED PARKING CALCULATIONS FOR THE PROJECT.
PARKING AT 100 PERCENT AT ALL TIMES FOR ALL THE USES IS 253 PARKING SPACES REQUIRED AND 216 ARE PROVIDED ON SITE.
BY USING THE SHARED PARKING PERCENTAGE DEMAND ALLOWED FOR IN SECTION 27 AND 28, 31 TABLE 4 WHICH I'VE PROVIDED ON YOUR SCREENS.
WE CAN LOOK AT THAT A LITTLE MORE CLOSELY IF YOU WANT TO.
THE REQUIRED PARKING IS REDUCED FROM 253-204.
THIS REPRESENTS A 19.4 PERCENT REDUCTION.
SINCE 216 SPACES ARE PROVIDED, LOOKING AT IT THAT WAY.
THE PROPOSED REDUCTION BASED ON THE NUMBER OF PARKING SPACES THAT ARE ON-SITE IS A REDUCTION OF 14.6 PERCENT.
DURING THEIR JUNE 2018 MEETING TO INCREASE RESTAURANT SQUARE FOOTAGE AT THE PROJECT, THE TOWN COUNCIL EXPRESSED CONCERNS ABOUT THE ADEQUACY FOR THE RESTAURANT PARKING, UNSCREENED DUMPSTERS ON THE SITE, LIGHTING AND SAFETY CONCERNS.
AS A PART OF THE REVIEW, THE OWNER ADDRESS EACH OF THESE CONCERNS AND CONDITIONS OF APPROVAL HAVE BEEN PROVIDED TO ENSURE THAT THE UPGRADES HAPPEN BEFORE OR CONCURRENT WITH THE OCCUPANCY OF THE RESTAURANT.
ONE MINOR CORRECTION I'D LIKE TO NOTE IN EXHIBIT 1, CONDITION 9 REFERENCES THE ISSUANCE OF A DEVELOPMENT PERMIT FOR MEDICAL OR DENTAL CLINIC IN BAY 12 AND 13.
IT SHOULD READ PRIOR TO THE ISSUANCE OF THE RESTAURANT IN BAY 21 AND 22.
I'LL UPDATE THE CONDITION IN THE RESOLUTION BEFORE IT GOES TO TOWN COUNCIL.
UNLESS YOU HAVE ANY QUESTIONS ABOUT THAT.
WITH THAT, I'D LIKE TO RESERVE THE REST OF THE STAFF'S TIME AND BE HAPPY TO TAKE ANY QUESTIONS.
>> THANK YOU. WHO WANTS TO KICK US OFF, COMMISSIONER DUNNING.
>> I THINK WE SPOKE ON THE PHONE WITH REGARDS TO THE PHOTO-METRIC PLAN THAT WOULD BE DONE BY COUNSEL ON COUNCIL'S APPROVAL. IS THAT CORRECT?
>> THE PHOTO-METRIC PLAN IS THE REQUIREMENT AS A CONDITION OF APPROVAL AND THAT'LL BE PROVIDED WITH THE FINAL PLANS IF COUNCIL APPROVES IT AND THEN IT'LL BE REVIEWED BY STAFF TO ENSURE THAT IT MEETS TOWN CODE.
>> I APPRECIATE THE GOOD OVERVIEW. APPRECIATE THAT.
>> YES. WAS THERE ANY RECOMMENDATIONS BY THE STAFF? I DIDN'T SEE IT IN THE REPORT OR ANY CONCERNS.
THE BACK ALLEY OF THE BUILDING, WITH ANY TYPE OF VIDEO SURVEILLANCE OR ANYTHING LIKE THAT, THAT WOULD BE A CONSIDERATION JUST BECAUSE OF THE SAFETY IN THE BACK OF THE BUILDING AND ALSO THAT THERE'S A NEIGHBORHOOD THAT IS DIRECTLY ADJUNCT TO THAT BACK ALLEY.
>> THE SHORT ANSWER ON THAT ONE IS NO.
WE DID HAVE THE POLICE DEPARTMENT GO OUT DURING THE EVENING AND MAKE THEIR ANALYSIS AND THEY DIDN'T PROVIDE THAT RECOMMENDATION AT THIS TIME.
>> YEAH. AS I MENTIONED, I'VE BEEN HERE A LOT IN THE PLAZA AND I'VE NEVER SEEN A PARKING ISSUE AT ALL.
I VISITED THERE ALL TIMES OF THE MORNING AND EVENING.
>> NEVER SAW A PROBLEM, SO I'M COMFORTABLE WITH EVERYTHING THAT'S RECOMMENDED HERE.
[00:15:05]
>> FIRST QUESTION FOR APPLICANT.
THE DEFINITION OF THE GYM IS WHAT? OR WHAT IS THE STATE OF USE.
BUT WHAT EXACTLY DO THEY ACTUALLY DO IN THERE?
>> IT'S STRICTLY RESERVED CLASSES.
THEY DO CLASSES MAXIMUM 10 PEOPLE.
VERY SIMILAR TO A YOGA, PILATES.
THEY ARE ESSENTIALLY A PRIVATE GYM.
YOU HAVE TO RESERVE YOUR TIME FOR THAT SCHEDULED CLASS AND THAT'S THE DIFFERENCES WHERE OPEN GYM'S FITNESS CENTERS YOU CAN COME AND GO ANYTIME YOU PLEASE SO YOU'LL GET MASSES AT PEAK HOURS.
ESSENTIALLY, IN THE MORNINGS AND EVENING TIME WHERE THEY DON'T HAVE THAT ISSUE.
>> THANK YOU. STAFF, UNDER DEFINITION OF INDOOR RECREATION PER CODE, DANCE STUDIOS, GYM'S, MARTIAL ART STUDIOS, ALL OF THAT FALL IN THAT, CORRECT?
IT'S A TYPE OF INDOOR RECREATION. YES.
>> WHAT WOULD A, LET'S SAY A SIMILAR BUSINESS OR ORANGE THEORY, WHAT IS THAT CLASSIFIED AS?
>> ARE YOU REFERRING TO THE ONE IN CHASEWOOD PLAZA?
>> THAT'S APPROVED AS REGULAR INDOOR RECREATION AT THIS TIME.
IN YOUR REPORT, YOU HAVE MENTIONED THAT THE DUMPSTERS THAT WERE NOT IN THE DESIGNATED AREAS HAVE BEEN REMOVED, IS THAT CORRECT?
>> THE LAST INSPECTION I MADE OF THE PROPERTY, I DID NOT SEE ANY DUMPSTERS, SO YEAH, THAT'S WHAT I SAW.
I WAS THERE TODAY, THERE'S A DUMPSTER BEHIND PIZZA THAT SAYS PIZZA HUT ON IT, WHICH IS LYING IN THE OPEN.
IF IT SAYS PIZZA ON IT, I DON'T THINK THAT WAS EVER REMOVED, SO CAN YOU ANSWER?
>> YEAH, THEY UNDERSTAND ANY DUMPSTERS THAT ARE OUT THERE HAVE TO BE IN THE ENCLOSURE, SO HE IS HERE.
I'M ASSUMING HE'LL MAKE A NOTE OF THAT. [LAUGHTER]
>> ARE THOSE ENCLOSURES SUPPOSED TO BE CLOSED? IS THERE ALSO ANY TYPE OF PROTOCOL FOR THAT?
>> YEAH. THEY SHOULD BE. THEY'RE NOT SPRING LOADED OR ANYTHING LIKE THAT.
USUALLY, THEY PROP THEM OPEN WITH BARS AND ALL THE TIMES THE TRUCKS, DID THEY LEAVE THEM OPEN.
BUT SOMEBODY SHOULD COMBINE CLOSE THOSE.
>> MY QUESTION IS, IS IF STAFFS WENT BY AND STAFF SAW THAT THE DUMPSTER IS GONE AND I WENT BY TODAY AND THE DUMPSTER IS THERE IN A NON-ENCLOSED AREA.
NUMBER ONE, ITS CONDITION IS THAT IT HAS TO BE REMOVED.
NUMBER 2 IS, IF WE DO APPROVE THIS PROCESS AND THE CONDITIONS THERE, WHAT YOU SAY THAT THE DAY AFTER CO THE DUMPSTER DOESN'T APPEAR AGAIN.
>> DAVID BIRDSONG WITH LAST-MILE INVESTMENTS FOR THE OWNER.
WE DO OUR BEST TO COMPLY AND IF WE WERE ROGUE TENANT AND WE SENT HER PROPERTY MANAGERS DOWN, MAKING SURE THAT WE'RE ALWAYS IN COMPLIANCE AND SO WE'LL CONTINUE TO ENFORCE THE COMPLIANCE OF THE TENANT.
THAT'S NEWS TO ME AND WE WILL CERTAINLY TAKE CARE OF THAT.
>> I WAS HERE FOR THE 2018 ONE ALSO, THAT REDUCTIONS AT THAT TIME STAFF WAS ABOUT 10 PERCENT, CORRECT?
>> I WOULD HAVE TO PULL IT UP, BUT IT WAS IN THE MID TEENS.
>> THAT'S FINE. ALL I REMEMBER IS THEY WENT FROM ZERO TO, I BELIEVE, SOME AMOUNT AND THEN CURRENTLY IT'S AT 10 BECAUSE THE USERS HAVE CHANGED SINCE THAT 2018 TIME.
THEN NOW OF COURSE, THEY'RE ASKING WITH THE ZONING CHANGE TO BE AT 14.6 PERCENT REDUCTION.
HOWEVER, IF THEY DON'T GET THAT CHANGE AND IF THE EXERCISE STUDIO STILL STAYS INDOOR RECREATION, THE REDUCTION WOULD BE 16.6, WHICH IS STILL ALLOWABLE, CORRECT?
>> NOW STAFF, SINCE THERE IS ABILITY TO GO TO A 25 PERCENT MAX ON THE REDUCTION, HAS STAFF CONTEMPLATED ON SUGGESTING SINCE PARKING STUDY AND EVERYTHING IS RELATED TO THAT, THE PARKING REQUIREMENTS ARE NOT NEEDED AS MUCH,
[00:20:02]
POTENTIALLY HAVING SOME PARKING INTO EITHER GREEN SPACE OR POSSIBLE PREVIOUS PARKING, WHICH IS GREEN?>> NO. WE HADN'T CONTEMPLATED IT.
IF THE BOARD IS ABLE TO GIVE A RECOMMENDATION TO ALLOW YOU TO REDUCE SOME PARKING SPOTS FOR MAKING THE GREEN SPACE, WOULD THAT BE THE AN AGREEABLE OPTION OR NOT?
>> I KNOW GETTING A PARKING IS A VALUABLE ASSET.
EVERY TIME WE DO COME IN FOR THESE, WE ARE ALWAYS ADDING GREEN SPACE.
WE DID ADD SOME, IT WASN'T A LOT.
I THINK THE SITE PLAN SHOWED THREE OR 400 SQUARE FEET THAT WE HAVE ADDED.
WE'VE TAKEN OUT PAVEMENT OUT OF THE BACK CORNER AROUND SOME OF THE DUMPSTERS.
WE ARE ADDING GREEN SPACE WITH THIS APPLICATION.
WE ALWAYS HATE TAKING OUT PARKING SPACES BECAUSE THESE TENANTS CONSTANTLY ARE REVOLVING ALL THE TIME.
YOU NEVER KNOW WHO THEY'RE GOING TO GET.
I KNOW ON THE LANDSCAPE PLAN THEY'VE TALKED ABOUT PROVIDING IRRIGATION.
WHAT I'M SEEING IS THAT THEY'RE PUTTING A COCOA PLANTS ONTO THE FORE BACK FENCE. IS THAT CORRECT?
>> FOR MY UNDERSTANDING IS COCOA PLANTS WILL NEED A LOT OF WATER TO GROW SO THE IRRIGATION WOULD NEED TO HAPPEN.
IS THAT SOMETHING THAT YOU'VE THOUGHT ABOUT AS A CONDITION OF APPROVAL IS MAKING SURE THAT IRRITATION HAPPENS?
>> AS YOU STATED, THE LANDSCAPE PLAN DOES HAVE THE NOTE ABOUT ALL AREAS WILL BE 100 PERCENT LANDSCAPED, AND THEN THE PLANS ARE REFERENCED IN THE CONDITIONS OF APPROVAL.
THERE ISN'T A SPECIFIC CONDITION OF APPROVAL.
>> MADAM CHAIR, I THINK I'M GOOD WITH MY QUESTIONS FOR NOW.
WE CAN HEAR FROM THE PUBLIC NOW.
DO WE HAVE ANY COMMENT CARDS? SHE'LL CALL YOU. DID YOU FILL OUT A COMMENT CARD?
>> HE CAN SPEAK AND THEN FILL IT OUT AFTER.
[BACKGROUND] STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
>> MY NAME IS LEE GAO, I'M BRESEN'S FATHER, THE OWNER OF THE RESTAURANT, FOREIGN ROLLS IN THAT PLAZA.
JUST HEARD ABOUT THIS MEETING SO I JUST CAME.
THE CONCERN THAT'S ABOUT THE PARKING FOR THE EMPLOYEES.
WE ONLY HAVE FIVE EMPLOYEES NOT INCLUDING THE OWNER.
[NOISE] INCLUDING NOW WE HAVE SIX PEOPLE IN A SMALL RESTAURANT, BUT THERE'S NOT ENOUGH SPACE FOR US TO PARK IN THE BACK.
PARKING IN THE BACK IS NOT SAFE FOR US BECAUSE WHEN WE WALK OUT OF THE DOOR, THE PEOPLE DRIVE SO FAST IN THE BACK.
SOME PEOPLE, THERE'S ONE WAY SIDE, BUT THEY DRIVE BOTH SIDE AND SOME OFFICER THEY DO THAT TOO.
I SAW ONE. [LAUGHTER] I THOUGHT OFFICER, THEY SHOULD DO THE RIGHT, BUT THEY DID NOT.
PEOPLE, THEY SAW IT AND THEY DO THE SAME. I HAVE KID.
SOMETIMES SHE WENT TO THE RESTAURANT AND YOU KNOW KIDS THEY ACTIVE, THEY WALK OUT ON THE DOOR AND IT'S NOT SAFE.
I WILL ALWAYS HAVE TO CONCERN MY KID NOT TO WALK OUT OF THE DOOR BY THEIR SELF.
ALWAYS ME OR MY WIFE WATCH HER.
RIGHT NOW THERE'S NOT ENOUGH SPACE IN THE BACK FOR OUR EMPLOYEES TO PARK IN THERE.
SOME EMPLOYEES HAVE TO PARK IN THE FRONT.
BUT IN THE FRONT, IN THE NEXT US THERE A DOCTOR DEPARTMENT THERE.
THEY DON'T ALLOW US TO PARK IN FRONT OF THEIR DOOR SO THEY HAVE TO PARK FAR AWAY.
ALSO IN THE BACK, THEY HAVE FLOOD IN THE DUMPSTER.
IT'S A HARD RAIN AND THEY HAVE TWO FLOOD IN THE FRONT
[00:25:05]
OF THE SPORTCREW BAR AND IN THE BACK, RIGHT IN THE DUMPSTER.OUR CHEST IF HAVE THE RAIN BECAUSE THERE'S A FLOOD AND WE CANNOT ASCEND TO THE DUMPSTER AND WE HAVE PROBLEM WITH DUMPSTER TOO BEFORE THE QUEST DEPARTMENT.
THEY OPENED THE DOOR AND THEY ALL WENT THERE.
THE PIZZA HUT, FOR US, FOR THE DOCTOR AND THE NAILS BAR FOR THE ONE DUMPSTER AND NOW IT'S THE SAME.
SOMETIMES IT'S JUST TWO DAYS OR ONE DAY, IT FULL AND YOU CANNOT EVEN CLOSE THE DUMPSTER.
>> I'M GOING TO STOP YOU THERE BECAUSE WE GIVE YOU THREE MINUTES TO MAKE YOUR COMMENTS.
BUT PETER, CAN YOU GET WITH THEM AND ADDRESS AND FIGURE OUT THE FLOODING PART OF IT AND THEN GET WITH THE OWNER AND TALK ABOUT THE OTHER ISSUES.
>> YES, [OVERLAPPING] WE CAN DO THAT LATER AFTER THE MEETING.
>> THEY'RE GOING TO GET BACK WITH YOU AND THEY'LL TAKE IT FROM HERE BECAUSE WE DON'T NORMALLY COMMENT ON THAT.
BUT THE OWNER OF THE FACILITY IS HERE AND OUR TOWN STAFF WILL COORDINATE SOMETHING TO ADDRESS YOUR ISSUE.
>> JUST ONE THING. [LAUGHTER] LIKE JUST TOOK ONE.
I SAW A LOT OF PROPERTY MANAGER THERE BUT WHEN WE CONCERN SOMETHING, THE MANAGER IS NOT WORRIED ABOUT THAT.
A WEEK AGO, I MET A NEW PROPERTY MANAGER, AND I TOLD HER THAT THERE'S SOME MICE RUNNING AROUND IN FRONT OF THE DOOR.
BUT I JUST SAW THE MICE BEFORE I COME IN HERE. THAT'S IT. THANK YOU.
>> THANK YOU. EXCUSE MY VOICE.
DOES ANYBODY HAVE ANY FURTHER COMMENTS OR QUESTIONS REGARDING THIS APPLICATION?
QUESTIONS WISE, I'M I ALLOWED TO STILL ASK OR NO?
>> TO THE APPLICANT, DUMPSTER PICKUPS, HOW MANY TIMES HAVE YOU GOT SCHEDULED?
>> I'M NOT SURE ON THAT ANSWER.
I WOULD SAY A MINIMUM OF FOUR TIMES A WEEK, BUT I'LL PROTECT THEIR PROPERTY MANAGER, I'M NOT 100 PERCENT SURE.
>> I THINK FOR NOW, THAT'S ALL MY QUESTIONS.
>> DID YOU WANT TO GO AHEAD AND DO YOUR COMMENTS OR YOU WANT TO WAIT?
>> I'M OKAY WITH THE PARKING REDUCTION PART.
I'M NOT OKAY WITH THE CHANGING OF INDOOR RECREATION EXERCISE STUDIO.
MY THOUGHT PROCESSES ARE, THERE'S A LOT OF OTHER BUSINESSES WHICH ARE SIMILAR TYPES.
YOU CAN CALL IT MARTIAL ART STUDIOS, YOU CAN CALL IT DANCE STUDIOS. DANCE STUDIOS WORK.
A LOT OF TIMES THERE ON THE APPOINTMENTS.
I KNOW MY DAUGHTER GOES TO SOME WHICH ARE LIKE THAT AND THEY ALL FALL UNDER INDOOR RECREATION.
IF THAT'S A CONSISTENT CODE STANDARD, MY THOUGHTS ARE THAT WE SHOULD NOT BE CHANGING THAT.
IF PARKING NUMBER IS THE ISSUE, WE ARE ALLOWED TO GIVE A HIGHER REDUCTION.
IT'S GOING FROM 14.6-16.6, WHICH IS STILL WITHIN THE ALLOWABLE OF 25 PERCENT.
I DON'T THINK THAT SHOULD HOLD IT ABACK, BUT I JUST DON'T AGREE WITH THE CHANGE TO THE [OVERLAPPING]-
>> -EXERCISE STUDIO FROM INDOOR RECREATION.
IF WE DO A GREATER CHANGE OF EXERCISE STUDIO, USES CHANGE ALL THE TIME.
RIGHT NOW THEY'RE SAYING THAT 6:30 PM IS THE CLOSING TIME, THEN I WOULDN'T WANT A CONDITION OF APPROVAL THAT THE BUSINESS CANNOT OPERATE AFTER 6:30 PM AS CONDITION OF APPROVAL BECAUSE THAT'S WHAT THEY'RE STATING IN THEIR CRITERIA.
I'D RATHER THAN HAVE THE OPENNESS OF THE BUSINESS AND THE USE FOR FUTURE IN CASE THIS GYM DOESN'T WORK OUT, TO KEEP IT AS INDOOR RECREATION AND STILL ALLOW THE PARKING INSTEAD OF GOING THAT WAY.
FOR THE DUMPSTERS, POLICING THAT IN THE FUTURE IS STILL GOING TO BE TOUGH.
ONCE THE PROJECT IS APPROVED, LIKE I SAID RIGHT NOW, ALREADY STAFF IN THE REPORT, I SAID THAT THE DUMPSTER IS GONE.
I WAS THERE TODAY, THE DUMPSTER IS THERE AND IT LITERALLY SAYS PIZZA ON THE DUMPSTER.
I DON'T KNOW HOW LONG THAT DUMPSTER WAS GONE FOR, WHETHER IT WAS MOVED SOMEWHERE ELSE, WHATEVER IT WAS, THERE'S A HIGH PROBABILITY YOU CAN END UP BACK AGAIN THERE.
I'M NOT SURE WHAT THE STEPS OF ENFORCING THAT'S GOING TO BE.
THEY DO HAVE AS A CONDITION OF APPROVAL.
[00:30:02]
USUALLY, WHAT THAT MEANS IS CODE ENFORCEMENT WOULD HAVE TO GO IN AND CHECK AND MAKE SURE THAT THAT STAYS THERE.THERE'S NOTHING ELSE AS A BODY THAT WE CAN DO, BUT I THINK IT SPEAKS HIGHLY TO WHAT THEY'RE COMMITTING TO.
ESPECIALLY WHEN IT COMES TO THAT, THAT'S GETTING THE MORE UNCOMFORTABLE WITH THAT EXERCISE STUDIO TIMES AND ATTENTION PEOPLE LIMIT AND ALL THAT STUFF, BECAUSE WE CAN'T POLICE ANYTHING OUTSIDE THE BUILDING, HOW ARE WE GOING TO POLICE WHAT'S HAPPENING INSIDE THE BUILDING? IT'S NOT OUR JOB TO EVEN POLICE THAT.
THE OWNER SHOULD BE FREE TO DO WHATEVER THEY WANT TO DO TO A CERTAIN DEGREE.
BY LIMITING THE USE, I'M NOT COMFORTABLE WITH DOING IT THAT WAY, JUST FOR THE PARKING SPOT WHICH WE CAN SOLVE ANYWAYS RIGHT NOW AS A RECOMMENDATION.
>> CAN I JUST ASK A QUESTION ON THAT?
>> THE CONCERN IS THAT YOU FEEL LIKE GOING TO THE EXERCISE STUDIO IS GOING TO LIMIT WHOEVER IS IN THAT SPACE FROM BEING ABLE TO OPERATE FULLY?
THEN IF THERE'S AN OWNERSHIP CHANGE, IF THERE'S A LEVERAGE CHANGE, THEY MIGHT WANT TO DO MORE STUFF.
I THINK IT LIMITS WHAT THEY CAN AND CAN'T DO.
I'D RATHER GIVE THE HIGHER REDUCTION ON PARKING BECAUSE IT'S ALLOWABLE THAN TO DO THAT.
ASSUMING PARKING IS ON A PROBLEM, WE'LL LET COUNCIL DECIDE WHAT THAT REDUCTION OR WHATEVER IT IS.
BUT MY RECOMMENDATION WOULD LEAN MORE TOWARDS THE HIGHER REDUCTION THAN CHANGING THE USE.
THAT'S MY THOUGHT PROCESS ON THAT, BECAUSE YOU LIMIT THE POSSIBILITIES OF THAT OWNER OF THAT BUSINESS TO POSSIBLY SELL TO SOMEBODY ELSE AND DO WHAT THEY CAN AND CAN'T DO.
ESPECIALLY BECAUSE IF THEY'RE COMING IN WITH A 6:30 TIME PERIOD, THEN MY GUT REACTION WOULD BE, I WOULD RECOMMEND A CONDITION OF APPROVAL THAT YOU CAN'T OPERATE BEYOND 6:30 PM.
I DON'T THINK THEY WANT TO DO THAT.
>> I'M GOING TO SAY IN THAT CONDITION, WOULD THAT APPLY TO EVERYBODY ELSE WHO GOES IN THAT SPACE IF THAT BUSINESS?
>> AS LONG AS THE USE REMAINS THAT, YES.
>> AS LONG AS IT REMAINS EXERCISE STUDIO?
>> RIGHT. THEY WOULD HAVE TO COME BACK AND DO A USE CHANGE TO RETAIL, RESTAURANT, OFFICE, WHEREVER THEY'RE DOING TO GET THAT CONDITION CHANGE THEM.
>> IF IT CONTINUES TO BE INDOOR RECREATION, YOU'RE NOT GOING TO HOLD THEM TO 6:30?
>> NO, THEY GET ALL THE BENEFITS OF BEING INDOOR RECREATION.
>> IT'S EITHER DON'T ACCEPT THE CHANGE OR MAKE THEM STOP AT 6:30?
>> THAT WOULD BE MY POSITION ON THIS, BECAUSE A LOT OF THEIR ARGUMENTS ARE BASED ON THAT 6:30 STOPPAGE TIME.
IF YOUR ARGUMENTS ARE ALL BASED ON THAT, THEN THAT ALMOST BECOMES A APPROVAL IN MY HEAD.
THEY MENTIONED IT THREE TIMES IN THE STATS APPLICATION.
THEY'VE MENTIONED IT IN THEIR APPLICATION A COUPLE OF TIMES.
TO ME, IT'S A HARD CONDITION THAT COMES INTO PLAY BECAUSE OF THAT.
THEN AGAIN, GOING BACK TO THE SAME THING, I THINK STAFF SHOULD PROBABLY GET MORE CREATIVE WHEN REDUCTIONS ARE ALLOWED ON SHARED PARKING TO POSSIBLY LOOK AT GREEN SPACE OPTIONS.
BECAUSE WE ARE, AS A TALENT, TRYING TO AIM TOWARDS HIGHER GREEN SPACE, BUT THAT'S JUST A COMMENT I MADE.
I DON'T THINK WE SHOULD ENFORCE THAT OR WHATEVER AT THIS STAGE, BUT IT'S JUST SOMETHING ALONG THOSE LINES.
THE REASON I WANTED TO MAKE THE IRRIGATION A HEART CONDITION OF APPROVAL WAS BECAUSE, IN THE PAST I'VE SEEN THAT COME INTO PLAY WHERE IRRIGATION IS NOT PUT IN PROPERLY WITHOUT A PLAN.
WHAT HAPPENS IS, THEY JUST HAPHAZARDLY PUT IT AND COCOA PLANT WILL DIE WITHOUT THE WATER.
THEN ALL OF A SUDDEN THERE LIKELY WILL BE A DARK STRIP ON THE SIDE OF ASPHALT.
THERE'S A FENCE, A DARK STRIP AND ASPHALT AND YOU GET AWAY FROM THE WHOLE IDEA OF WHAT YOU ARE TRYING TO DO THERE IN THE FIRST PLACE.
THAT'S WHERE I'M AT WITH MY CONDITIONS, OR MY CONCERNS, QUESTIONS, WHATEVER YOU WANT TO CALL THEM ON THAT.
>> I HAVE ANOTHER QUESTION ON THAT CHANGE OF USE.
IF THE INDOOR GYM SPACE CAN GO PAST 6:30, WOULD THAT NOT AFFECT THE PARKING FOR THE RESTAURANTS THAT ARE OPEN WHEN THERE ARE [OVERLAPPING] -
>> IT WILL THEORETICALLY CHANGE, BUT THEY LOWER REDUCTION BASED ON WHAT THE CODE ALLOWS.
THEY'LL STILL FALL UNDER WHAT'S ALLOWABLE AS AN ASK FOR REDUCTION.
THEY'RE ALREADY ASKING FOR 14.6 WHICH IS HIGHER THAN THE TARP, INSTEAD OF THE 16.6 WHICH IS WHAT IT WOULD BE NORMAL IF THEY DIDN'T DO THAT CHANGE.
MY GOAL IS THAT COUNCIL LOOK AT THE 16.6 AND THEN DETERMINE IF THERE'S A PARKING USUALLY GENERAL THAT COUNCIL FEELS, THEN THE 14.6 DOESN'T ANSWER THAT EITHER.
>> I JUST WANTED TO BE CLEAR. WELL, I WAS PROCESSING WHAT YOU WERE SAYING. COMMISSIONER KIRN.
[00:35:02]
AND I KNOW WE'RE TALKING ABOUT THE PARKING AND HAVING IT ADEQUATE IS, ANYBODY HERE FAMILIAR WITH LA GONDOLA, THE RESTAURANT? IT'S FABULOUS.I'M VERY EXCITING. [LAUGHTER] I AM.
BUT IT IS A HIGH VOLUME TYPE OF RESTAURANT.
THERE'S A LOT OF TAKEOUT, THAT TYPE OF THING.
I KNOW THE RESTAURANT SPACE IS SMALLER, BUT I DO ANTICIPATE THAT THERE WOULD BE A LOT OF TAKEOUT TO GO.
ADJACENT TO THAT RESTAURANT IS FROTHE AND ROLLS. THEY HAVE A LOT OF IN-OUT TYPE OF TAKEOUT, DELIVERY DUDES, THOSE TYPES OF THINGS.
MY COMFORTABILITY FACTOR WHEN I LOOK AT SOME OF THE INFORMATION HERE, WHEN WE LOOK AT THESE PEAK HOURS OFF OF TABLE 6.
THERE'S 100 PERCENT WHEN WE'RE LOOKING AT THE RESTAURANT FROM 6:00 PM-12:00 AM.
I'M JUST CONCERNED OF THERE'S GOING TO BE A LOT OF PEOPLE FIGHTING OVER SPACE.
WHEN THEY HAVE TAKEOUT, IT'S USUALLY ABOUT A 10-MINUTE TYPE OF DEAL, BUT STILL WE'RE GOING TO HAVE A LIMITED AREA FOR PEOPLE TO BE ABLE TO PARK.
THAT'S JUST A COMMENT, AND IT'S OBSERVATION JUST FROM BEING THERE.
>> THANK YOU. COMMISSIONER DUNNING.
>> VERY SIMPLE CONCERN. I MENTIONED THE IRRIGATION FOR THE PALM TREES AND THE PLANTS AROUND THERE.
>> WELL, BASED ON WHAT I SEE AND THE CONDITIONS OF APPROVAL THAT THEY SAID THEY INTEND ON MEETING AND STAFFS' EXCELLENT PRESENTATION, I DON'T HAVE ANY QUESTIONS.
>> THANK YOU. I UNDERSTAND EVERYBODY'S CONCERNED ABOUT THE PARKING AND ALSO AGREE THAT THE HIGH-VOLUME IN AND OUT, BUT LIKE YOU SAID, IT'S TYPICALLY JUST THIS.
IF YOU CAN'T FIND A SPACE RIGHT NOW, YOU'LL FIND A SPACE IN A SECOND.
THAT DOESN'T REALLY CONCERN ME THAT MUCH ON THERE.
THERE AT THE OTHER END WHERE FROM SPORTS GRILL AND THERE'S A LITTLE BIT SEPARATED FROM PHONE.
I DON'T HAVE ANY OTHER QUESTIONS ON THIS.
DOES ANYBODY WANT TO TAKE A STAB AT SATURATING A MOTION, MR. PATEL? [LAUGHTER]
>> I SAY MOTION TO APPROVE THE PART OF GRANTING, I'M GOING TO HAVE TO WORD THIS CREATIVELY, THE EXTRA SQUARE FOOTAGE TO RESTAURANTS SPACE BY CONVERSION.
I THINK STAFF, YOU'RE GOING TO HAVE TO HELP ME ON THIS.
THEY'RE CONVERTING RETAIL FOOD TO RESTAURANT. IS THAT WHAT IT IS?
>> CONVERTING RETAIL TO RESTAURANT, HOWEVER, NOT ALLOWING CONVERSION OF THE INDOOR RECREATION TO EXERCISE STUDIO, BUT WITH ALL OTHER CONDITIONS OF APPROVAL BY STAFF. YOU GOT THAT?
>> DISCUSSION ON THE MOTION. SECOND, SORRY.
YOU MADE THE MOTION. ANYBODY SECOND IT? NO.
SO THE INDOOR RECREATION IS WHAT IT IS NOW.
>> THAT HAS A HIGHER PARKING RATIO REQUIREMENT THAN THE STUDIO THAT THEY WANT TO GO TOWARDS.
>> THE BY CODE, INDOOR RECREATION REQUIRES A HIGHER PER SQUARE FOOT SPOT REQUIREMENT.
THE EXERCISE STUDIO BY CODE REQUIRES LESS.
IT'S JUST A MATHEMATICAL WAY OF GETTING ALLOWABLE SQUARE FOOT AND PARKING SPACES TO LOOK LESS.
IN ESSENCE, WHAT THEY WOULD BE REQUIRED IS IF THEY KEEP IT THE SAME, THE CODE WOULD SAY THERE WOULD BE REQUIRED A TOTAL OF 259 SPACES.
INSTEAD OF RIGHT NOW, THEY CHANGED IT TO EXERCISE STUDIO.
THEY'D BE REQUIRED 253 SPACES, WHICH IS SIX SPOTS LESS BY MY CODE FOR TOTAL.
BUT BECAUSE WE'RE DOING A REDUCTION ANYWAYS BASED ON THE 216 SPOTS THEY ADD AND THE SHARED PARKING AGREEMENT, THE REDUCTION PERCENTAGE IS DETERMINED BY COUNSEL AS TO WHAT THAT HAS TO BE.
RIGHT NOW, THEY'VE INCREASED IT TO 14.6 PERCENT.
ANYWAYS, WHAT I'M SAYING IS IF YOU'RE INCREASING GAP, THEN GO TO THE 16.6 AND THE COUNCIL DECIDE IF PARKING IS ADEQUATE OR NOT.
BECAUSE IF IT'S NOT ADEQUATE, THE 14.6 WON'T FLY EITHER.
THAT'S MY POSITION ON THAT. [OVERLAPPING]
>> SINCE WE DIDN'T GET A SECOND ON THE MOTION, CAN WE MAKE ANOTHER MOTION?
>> WELL, YES. THAT WE'RE HAVING THAT DISCUSSION SO THE MOTION FAILED.
NOW IS THE OPPORTUNITY TO SECOND ANOTHER QUESTION.
>> I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE BASED ON THE APPLICANTS MEETING THE CONDITIONS OF APPROVAL SPELLED OUT BY STAFF.
[00:40:01]
>> YOU'RE RECOMMENDING WHAT STAFF PRESENTED AS THE MOTION.
DO WE ADD A SECOND? THAT MOTION FAILED.
[LAUGHTER] THERE REALLY IS ONLY TWO OPTIONS.
IT'S EITHER ACCEPT THE RECOMMENDATIONS OR NOT.
IF WE'RE NOT GOING TO ACCEPT STAFF'S RECOMMENDATIONS AND CONDITIONS OF APPROVAL, THE ONLY THING THAT WE WOULD CHANGE WAS STRIKING THE DESIGNATION FROM INDOOR RECREATION TO.
>> THE OTHER WAY IS LIKE I SAID, IF YOU'RE GOING TO GO WITH COMMISSIONER DUNNING MOTION, THEN YOU ADD THE CONDITION OF APPEAL OF 06:30 PM HARD STOP.
BECAUSE THE WHOLE APPLICATION IS BASED ON 06:30 PM HARD STOP, I DON'T WANT TO DO THAT.
BUT IT SEEMS LIKE THAT'S WHAT WE'RE LEANING TOWARDS IF WE DON'T TAKE IT OUT.
>> YEAH, I GUESS WE HAVE TO ASK THE APPLICANT.
BECAUSE THEY'RE AGREEING TO A RESTRICTION DOWNSTREAM.
>> WE'RE JUST MAKING A REPRESENTATION TO COUNSEL.
>> THEY CAN THEN TALK TO COUNCIL WHICHEVER WAY THEY WANT.
>> OUR JOB WAS TO RECOMMEND WHAT WE THINK.
I WOULD RATHER RECOMMEND TO KEEP IT INTO A RECREATION BECAUSE IT ALLOWS MORE FLEXIBILITY ON FOR THE APPLICANT AND THE USE THAT'S CURRENTLY ALREADY THERE.
IF THEY WANT TO GO LATER OR IF THEY WANT TO ADD A LITTLE STUFF.
>> I DON'T HAVE AN ISSUE WITH THAT.
THAT'S FINE WITH ME BECAUSE AFTER THIS, THEY CAN MAKE THEIR OWN DECISIONS ON WHAT THE RECOMMENDATION IS.
I WOULDN'T WANT GREATER FLEXIBILITY, BUT I DON'T OWN THE PROPERTY.
I WOULD BE IN FAVOR OF COMMISSIONER PATEL'S SUGGESTING, SO IT WOULD BE MORE FLEXIBILITY.
IT WOULD BE ACCEPTING STAFF RECOMMENDATION WITHOUT THE DESIGNATION OF INDOOR GYM SPACE TO EXERCISE STUDIO.
THAT WOULD BE THE MOTION SOMEBODY WANTS TO MAKE.
>> WE PUT MY MOTION IN PLAY AND SEE IF SOMEBODY SECONDS IT.
>> SOMEBODY HAS TO SAY IF THEY'RE GOING TO SECOND IT.
IF NOT, THEN THE MOTION FAILS AGAIN.
>> THE MOTION AS RECOMMENDED EARLIER BY COMMISSIONER PATEL IS BACK ON THE TABLE.
>> THANK YOU. DO WE HAVE A SECOND?
>> CAN WE PHRASE EXACTLY WHAT YOU'RE PROPOSING? [OVERLAPPING] ONCE MORE.
>> IT'S STAFF RECOMMENDATION WITHOUT THE DESIGNATION OF INDOOR GYM SPACE TO EXERCISE STUDIO, WE'RE STRIKING THAT WE'RE NOT RECOMMENDING THAT THEY CHANGE THAT USE. WE'RE DELETING IT.
>> THAT'S NOT STAFF'S RECOMMENDATION.
STAFF'S RECOMMENDATION HAS TO APPROVE BOTH USES REQUESTED.
>> PATEL'S RECOMMENDATION IS TO ONLY APPROVE THE CONVERSION FROM RETAIL TO RESTAURANT.
>> YOU CAN LEAVE THE EXISTING USE ON THE INDOOR RECREATION, WHICH IS NOT WHAT THE APPLICANT IS REQUESTING AND NOT WHAT THE STAFF IS RECOMMENDING.
IF YOU'RE CLEAR ON THAT, THEN THIS MOTION IS NOT CONSISTENT WITH THE STAFF RECOMMENDATION OR THE APPLICANT'S REQUEST.
>> [OVERLAPPING] THE REST OF THE CONDITION OF APPROVALS ARE BASED ON WHAT STAFF HAS SAID.
>> DID YOU WANT TO SAY SOMETHING?
>> I DON'T KNOW IF IT HELPS OR ANYTHING.
MAYBE CLEARED UP AND YOU KNOW THAT THE GYM HAS BEEN THERE FOR A YEAR.
IT WAS ACTUALLY SUGGESTED BY THE STAFF BECAUSE THAT'S THE WAY THE GYM HAS FUNCTIONED.
WHEN IT FIRST CAME IN, WE DIDN'T REALLY KNOW HOW THAT METABOLIC GYM IS CALLED OR HOW THEY EVEN FUNCTION.
SO THAT'S WHY WE CHANGED IT FROM THE INDOOR WRECK TO THE STUDIO BECAUSE THAT'S HOW THE GYM FUNCTIONS AND THERE'S NO PARKING SHORTAGE.
MAX PEAK PERIODS ARE STILL OVER A 100 PARKING SPACES THERE, SO PARKING IS NOT AN ISSUE.
THAT'S THE WAY THE GYM FUNCTIONS AND THAT'S WHY STAFF RECOMMENDED THAT WE GO THAT ROUTE JUST TO CLEAN UP THE USES THAT ARE EXISTING ON OUT OF THE SITE TODAY.
AS FAR AS YOU MENTIONED, FLEXIBILITY AS WELL.
THE APPLICANT DOES HAVE TO COME IN EVERY TIME YOU USE CHANGES.
THAT'S THE WAY THE TOWN OPERATES.
IF WE CHANGED FROM RETAIL TO MEDICAL OR IF THEY GO FROM THE STUDIO TO INDOOR FITNESS, IT'S EITHER WE COME TO STAFF FOR THOSE ADMINISTRATIVE APPROVALS OR WE COME IN FRONT OF YOU DEPENDING ON THAT USE CHANGE.
THERE'S NOT A WHOLE LOT OF FLEXIBILITY THERE, JUST THE WAY THE TOWN OPERATES SO THAT ANYTIME A TENANT CHANGES FROM USE WE STILL HAVE TO COME TO THE TOWN.
>> MY CONDITION IS THINKING CONVERSATION BACK TO US WAS NOT IF THEY USE CHANGES, IT'S MORE IF THE BUSINESS SELLS OR IS THERE SOMETHING THEY WANT TO ADD AN ADDITIONAL FUNCTION TO THE BUSINESS.
THEY'RE SAYING RIGHT NOW IT'S LIMITED TO 10 PEOPLE.
[00:45:01]
WELL, NEXT PERSON COMES IN AND I WANT 20 PEOPLE TO BE LIVE, WHICH ARE ALLOWED BY SPACE AND FIRE CODE, BUT THEY WOULDN'T BE ALLOWED BECAUSE WE PUT A CONDITION OF 10 PEOPLE MAX OF THIS WHATEVER.INSTEAD OF PUTTING ALL THOSE CONDITIONS, I'D RATHER JUST KEEP IT INDOOR WRECK AND LET COUNCIL DEAL WITH WHETHER THE PARKING IS ENOUGH OR NOT BECAUSE [BACKGROUND] SHE WAS REGARDLESS OF WHATEVER IT IS.
>> DO YOU WANT TO COMMENT ON THAT?
>> I WOULD JUST NOTE IN THE STAFF REPORT, I DID MENTION THAT IF THEY WERE TO EVER WANT TO CHANGE THE USE INCLUDING GOING BACK TO INDOOR RECREATION, IT CAN BE DONE WITH A MINOR AMENDMENT AND THEN IT WOULD BE BASED BACK TO INDOOR RECREATION LIKE MR. PATEL'S SPEAKING ABOUT.
>> IF THEY WANTED TO GO TO SEVEN O'CLOCK, WE GO, OKAY, JUST GO BACK INTO OUR RECORDS.
>> IT SOUNDS LIKE IT'S COVERED.
>> BUT THEN THE PARKING QUESTION COMES INTO PLAY BECAUSE THE PARKING CHANGES.
STAFF'S GOING TO APPROVE THE PARKING CHANGE AFTER IT'S GONE THROUGH TOWN COUNCIL.
>> IT WOULD HAVE TO GO UP TO THE 16.6 SO THAT'S A GOOD POINT.
>> YOU CANNOT DO THAT. [LAUGHTER]
>> YOU'RE STILL ABOVE THE 15 PERCENT.
IF THEY EVER WANT TO CHANGE, THEY'RE USED TO GO DOWN.
THEY CAN DO THAT. THIS IS GETTING THEM MORE FLEXIBILITY
>> I DON'T UNDERSTAND THE MOTION NOW.
>> I THINK THE MOTION IS BACK TO MR. PATEL'S MOTION WHERE WE'RE ACCEPTING ONE AND NOT THE OTHER.
>> ANYBODY WANT TO SECOND THAT MOTION?
SO IT IS FOUR TO ONE. MOTION PASSES.
>> SOMETHING SAYS THAT BOTH CAN BE SO DIFFICULT?
>> MR. BEAR, DO YOU HAVE ANYTHING FOR US TONIGHT?
>> MR. SICKLER, DO YOU HAVE ANYTHING FOR US TONIGHT?
>> WE WOULD JUST LIKE YOU TO STAY FOR A MINUTE TO GET A PICTURE FOR THE VOLUNTEER APPRECIATION SLIDESHOW.
>> WHY DIDN'T YOU GIVE US ADVANCED NOTICE? I MIGHT HAVE LEARNED SOMETHING DIFFERENT.
>> [BACKGROUND] I HEARD NOT US.
>> THIS IS PUNISHMENT FOR KEVIN. [LAUGHTER]
>> THIS IS TO, I GUESS TOM AND JOHN, BOTH OF YOU GUYS.
THE WAY IT'S WORDED IS VERY CONFUSING AS HOW THAT FIVE PERCENT CREDIT IS APPLIED FOR INLINE RESTAURANT.
I HAD A CONVERSATION WITH PETER BEGOVICH ABOUT THAT BECAUSE THE WAY THAT CODE READS, AT LEAST MY UNDERSTANDING IS THAT IT'S FIVE PERCENT OF THE RESTAURANT SQUARE FOOTAGE, NOT TOTAL SQUARE FOOTAGE OF THE PLAZA.
NOW, HISTORICALLY, YOU GUYS HAVE USED TOTAL SQUARE FOOTAGE OF THE PLAZA TO COME UP WITH THAT NUMBER.
BUT I'M NOT SURE IF THAT READS THAT WAY.
[BACKGROUND] WE CAN GET THE TEXT AMENDMENT OR WHATEVER YOU NEED TO DO TO CLEAR THAT UP.
>> WE HAVE SOME VERY YOUNG CUSTOMERS HERE TONIGHT WATCHING US.
>> THAT YOUR FAMILY. HI. ANYBODY ELSE HAVE ANYTHING THEY WANT TO SHARE? NO. OKAY. IT IS 07:48, MEETING ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.