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Seating capacity maxed at zoning amendment hearing

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Residents and non-residents spoke. 

The Farmers Branch City Council listened – for more than three hours – before making a decision to deny amending the Comprehensive Zoning Ordinance to allow cardhouses in a 4-1 vote on Wednesday, May 7.

More than 150 people attended the meeting at the Farmers Branch City Hall with an excess of 100 watching the livestream on YouTube. The recording has since garnered more than 2,200 views.

Fire Marshall Tim Dedear asked everyone without a chair, many of which had been added to increase capacity, to move from the chamber to the lobby out of concern for public safety.

Voices heard

Fifty-one people communicated their opinions during the comments portion of the public hearing, including 34 residents and 17 non-residents. Each was allowed three minutes to speak, and Mayor Terry Lynne allowed everyone who submitted a written request the opportunity to address the council, including someone who submitted his form at the end of that portion of the meeting.

Twenty-two residents spoke against the proposed use, 11 were in favor of cardhouses, and one residents spoke neither in favor nor against the amendment but asked the council to postpone the vote.

Of the non-residents who spoke, the one person who spoke against the proposed use was a business owner who operates on Gamma Road. Fifteen non-residents were in favor, many of whom are avid poker players who said they would travel to Farmers Branch to play poker. 

Tommy Mann, a land use and zoning attorney from Dallas, who said he was hired by The Lodge Card Club owner Doug Polk, used his three minutes to ask the council to table a decision, saying there were other options.

“There is not a hurry to take action tonight,” he said. 

The city hall lobby fills as concerned citizens wait for the public hearing for the cardhouse zoning amendment to begin.
(Photo by Kate Bergeron)

Repeated history

During Deputy Director of Planning Marcos Narvaez’s presentation, the council questioned him about how past requests for cardhouses in the city have been received and how the city responded to those requests. 

Narvaez said he was aware of one person who requested a card room “months” ago and that two people had called since the April 8 Planning and Zoning Commission meeting asking about the status of this item.

“Why is that these individuals’ business ideas did not move forward whereas this one, we’re here today discussing it?” asked Councilman Omar Roman.

Narvaez said the planning department follows a protocol when they receive requests and once they let someone know that a use is not permitted, they don’t receive additional questions.

“In this particular case, there were additional questions about how to get this into our use table.”

Roman said that he found four requests when he asked for information from the city about requests for cardhouse uses.

“It’s strange because we have these other instances, and I have another individual who called me yesterday indicating they had approached the city for a similar concept and they were told no,” he said. “But out of all these other ones, it seems like this is the one that had the least amount or almost no resistance, so I’m trying to understand what is unique about this one that warrants for all these other people not to move forward to not have their project given the attention that this one has.”

Allison Cook, director of economic development for Farmers Branch, said that historically the council has not been receptive to hearing about cardhouses. 

“Perhaps the difference is that the property owner called. (Interest in cardhouses) started a few years ago, and it really wasn’t something a specific building owner requested information for a use to be adopted in the use chart.”

Councilman Martin Baird’s few questions pertained to parking for cardhouses, which Narvaez said is a ratio of one parking space to 400 square feet of building space, which is a general recommendation across the city for retail and restaurant locations.

Setting a precedence?

Councilwoman Tina Bennett-Burton asked if Dallas litigation pertaining to cardhouses is ongoing, which Narvaez acknowledged was the case.

“My next statement/comment is really so residents understand that what we’re looking at is a CZO (comprehensive zoning ordinance amendment), although you are stating that it is for the entertainment overlay district, a CZO is a change that applies to the entirety of the city,” Bennett-Burton said.

“That is absolutely correct,” Narvaez said. “We can limit, we can add certain specific parameters within this requirement, as this ordinance does, that it’s limited to the entertainment district.”

“So why in later parts of our packet this week is there a membership-only (area) for the Boardwalk community?” Bennett-Burton asked. 

A private membership pickleball club was proposed at Mercer Boardwalk as part of Phase Two of development, which included a public hearing for proposed Ordinance No. 3857, which followed the public hearing for cardhouses. That proposed zoning amendment also failed.

“I know the Boardwalk is waiting to see how that pans out,” Narvaez said. “I don’t know that I have a really good answer for you on that one … Because (if) it’s defined in the CZO, they could have the right to ask, but they would still have to go through a public hearing process. They would still have to go through city council.”

“But we’ve already set the precedent at that point?” Bennett-Burton asked.

“Yes. The precedent would have been set for the entertainment district, but it could spill over,” Narvaez replied.

Not enough time

Councilman Richard Jackson asked Narvaez why the planning and zoning commission unanimously denied the request.

Narvaez said he understood it was because they didn’t feel like they had enough to time to educate themselves on the matter. He said the planning department sought counsel from former City Attorney Kevin McLaughlin about the legality of gambling and cardhouses in Texas.

At Jackson’s questioning, Narvaez said the commission, and the public, received the information three days before the meeting. Because this case was prompted when Doug Polk, owner of The Lodge Card Club, submitted an application to the planning department, the process moved quickly.

“For new and unlisted uses, we have it all spelled out as far as what the process is and who we need to notify, and that’s exactly what we did,” Narvaez said.

He confirmed the commission, as well as the council, had the option to table the matter but decided to deny it.

Councilman David Merritt asked City Attorney David Berman to confirm that council was not required to add something to the use table and reminded those attending that the public hearing was simply to add a use to the table in the comprehensive zoning ordinance.

“It’s not about a particular operator, a particular location or a particular concept,” he said.

Poker already in the city

When council finished asking their questions to Narvaez, Lynne invited Polk, who attended the meeting, to address the council.

Polk had spent at least several days in Farmers Branch, meeting business owners and residents.

“I didn’t realize this when I got here, but there’s actually quite an avid community of people playing cards,” he said.

He said he visited the Texas Card House in the Sam Moon Plaza on Harry Hines, which is located in Dallas but surrounded by Farmers Branch and found that “quite a few employees” live in Farmers Branch.

“There is not only an employee base in the city, but then there’s also quite a lot of people playing cards that live in Farmers Branch as well. I own two different businesses. They both have Farmers Branch residents,” he said.

He visited the Farmers Branch Moose Lodge to play poker with local residents and said The Dallas Poker Store was already located in Farmers Branch.

“There are card players all over your city today, either at the one right here down the road or at the Moose Lodge or in home games,” he said. “I want to dispel the idea that this is somehow eroding the fabric of the community. This attack on poker players like they are bad people – I tell you what. Some of the best people I’ve met in my life are poker players.”

This discourse was followed by the public comments.

Council discusses issue

Lynne thanked everyone for being courteous, cordial and respectful during the marathon session before addressing the remaining attendees.

“This is an interesting topic with strong feelings on both sides, and I think everyone tried their best to hold their emotion and be respectful of the process, so thank you for doing that,” he said.

Jackson opened council discussion by saying that he learned more during the public meeting than he had in more than a week of preparation for the meeting as he was not a poker player.

“I stand behind my comments that our planning and zoning commission missed an opportunity to say, ‘let’s pause this for a moment so we can really understand this better,’” Jackson said.

“I don’t believe the ordinance proposed has enough teeth in it, so I’d like more time,” he said. “And I simply don’t think that there’s a reason to rush, as many of you said tonight.”

Bennett-Burton said she asked for certified financials from Polk, and while he did send numbers that Bennett-Burton reviewed with Director of Finance Tammy Zimmerman to see what the economic impact would be, she wasn’t impressed.

“Basically, it’s a penny on the dollar,” she said, which would have been $7,800 in 2022 and $7,900 in 2023.

“If we’re looking at the economic development component, I hear a sales pitch, but I haven’t seen a business plan, and that’s the business owner in me coming out,” she said. “So I’m not inclined to wait, but there’s another component of that. If we say no, you still get to come back, and I think people have not spoken to you enough about that. A no is not a solid no. You still get to come back to us. You just get to come back with more information for us, so please don’t take that personally, and I think that needs to be said, even for the 41 townhomes. People got really intense about that. The no is not a definitive no that they can never come back.”

Merritt thanked everyone for participating in the process.

He said that with his 16 years on the planning and zoning commission and as chairman for seven years, he agreed with Jackson that this zoning amendment may not have enough safeguards in it to protect the community.

“I think it lends itself to too many open-ended questions that we haven’t answered yet,” he said. He confirmed that he’d heard and understood Polk’s reputation as the best in the poker industry. “Mr. Polk, we have to protect the city for every other operator with these type of uses coming into our city, so this is not indicative against you. It is us having the responsibility to address all cardhouse operators who would have the opportunity to operate in our city, and that is super important.”

Councilman Martin Baird said he appreciated everyone who spoke and was able to understand both sides of the issue.

“I love that we have all these residents being involved tonight and speaking their voice,” he said. “I think legally he (the mayor) doesn’t have to let this many people speak on one topic.”

He said he didn’t think cardhouses were horrible, but that he heard the residents and understood their concerns.

Roman thanked everyone coming to the meeting to speak and said he valued the opportunity hear what residents had to say about this issue.

Bennett-Burton made the motion to deny the ordinance, with Roman seconding. Ordinance No. 3858 failed by a vote 4 -1 with Jackson voting against the motion to deny.

Polk confirmed he has applied for a certificate of occupancy and is pursuing the board of adjustment process.

To see the May 7, 2024 Farmers Branch City Council in its entirety, visit: https://www.youtube.com/watch?v=wypDjCHcmSI.