[00:00:01]
[CALL TO ORDER]
CALL THE BRIEFING TO ORDER.AND ERICA, ARE YOU GOING TO? YES, SIR. GOOD EVENING.
WOULD YOU LIKE TO START WITH A BRIEFING WITH THE AGENDA ITEMS FOR THIS EVENING? ALBERT, CAN WE MOVE AHEAD TO THE AGENDA ITEMS, PLEASE?
[2. Planning and Zoning Commission to conduct a briefing session to discuss all items scheduled on tonight’s agenda. No action will be taken. Each item will be considered during the Regular Session which immediately follows the Joint Public Hearings. ]
OKAY. SO THE FIRST ITEM WAS A REQUEST FOR A CONDITIONAL USE PERMIT FOR BASEBALL ON 1900 SOUTH MAIN.THEY HAVE, HOWEVER, REQUESTED TO WITHDRAW THIS CONDITIONAL USE REQUEST.
I'M NOT LOOKING FOR RECONCILIATION AT THIS TIME.
WHAT THEY ARE PROPOSING TO DO IS TO CREATE AN OUTSIDE STORAGE AREA ALONG THE SOUTHERN ELEVATION OF APPROXIMATELY 4900 SQUARE FEET. IT'S ON THE SOUTHERN ELEVATION AND ADJACENT ABOUT 154 FEET THAT NORTH IS FACING UP, I THINK NORTH.
THANK YOU. IT'S ABOUT 154 FEET FROM THE NEAREST PROPERTY TO THE WEST, WHICH IS ZONED LI-1 AND THIS AREA IS SPECIFICALLY SO THAT THEY COULD PLACE PERMANENTLY TWO STORAGE CONTAINERS. WHAT THEY HOPE TO DO IS USE THIS TO STORE BOTH LANDSCAPING EQUIPMENT AND REFRIGERATION EQUIPMENT, BECAUSE THIS WILL BE A CENTRAL LOCATION FOR THEM TO MAINTAIN THIS WALMART STORE AND OTHER WAL MART STORES IN THE REGION.
SO IT'S AN OUTSIDE STORAGE AREA FOR TWO STORAGE CONTAINERS, EIGHT BY 40 BY EIGHT.
AND THEN THEY'LL ALSO HAVE ROOM FOR TWO TRUCKS AND TWO LANDSCAPE TRAILERS.
HOW TALL ARE THE TRUCKS? [INAUDIBLE] WANT TO KNOW SPECIFICALLY HOW TALL THE TRUCKS ARE.
I DON'T. BECAUSE THEY'RE GOING TO HAVE THE TRUCKS STORED THERE IN SPACE.
TRACTOR TRAILERS, RIGHT? YES. THEY GAVE US THE 30, 30 FOOT, 30 FEET.
I MISSPOKE IF THERE IS AN ELEVATION OF THE TROPHY.
I WANT TO KNOW THE ICE BOX THAT'S BEEN THERE AND IF I CAN.
I THOUGHT MY SKILL WITH WHAT YOU HAVE SEEN FROM THAT.
. NO. HELPS HIMSELF BACK THERE ALREADY WHERE THEY LIVE UP AND LOVE IT.
BUT WHAT'S IT GOING TO BE? WELL, IT'S A LOT MORE THAN JUST WE MAKE EVERYBODY ELSE MAKE EVERYBODY ELSE DO IT.
IT'S JUST ME. NO MATTER WHAT BORDERING IT, THOUGH, WHAT'S RIGHT UP AGAINST IT.
AND IT'S LIGHT INDUSTRIAL RIGHT NEXT DOOR, THE BACKSIDE OF IT.
AND THEY HAVE TRACTOR TRAILERS IN AND OUT ALL THE TIME.
SO MAYBE THE BACK OF THE BUILDING.
ANY QUESTIONS ? BUT NO OTHER QUESTIONS, RIGHT?
[1. Receive a report, hold a discussion, and provide staff direction regarding amendment to the definition for condominiums and creation of a definition for rowhouses. ]
OUR NEXT AGENDA ITEM IS TO RECEIVE, REPORT AND PROVIDE STAFF DIRECTION REGARDING A POTENTIAL TEXT AMENDMENT IN RELATION TO THE DEFINITION FOR CONDOMINIUMS AND ROWHOUSES. IF YOU RECALL LAST MAY, WE BROUGHT BEFORE YOU DURING THE WORKSHOP, NOT ALL OF YOU WERE PRESIDENT, PRESENT.[00:05:10]
BEING USED INTERCHANGEABLY AND IT WASN'T VERY CLEAR WHAT THE DIFFERENCE WAS.AND IN ACTUALITY, THAT WAS A CONDOMINIUM PROJECT THAT WAS BOUGHT AND SOLD AS IF IT WERE A CONDOMINIUM UNIT AND HAD COMMON ELEMENTS TO THE PROPERTY THAT WOULD BE IN A CONDOMINIUM ASSOCIATION AND THE RESPONSIBILITY OF THE ASSOCIATION AND ALL THE OWNERS PAYING INTO IT.
SO WE BROUGHT THAT TO YOU ON MAY 17, 2022.
SO SINCE THAT TIME, WE'VE HAD AN OPPORTUNITY TO LOOK AT NEXT SLIDE, PLEASE.
THESE DEFINITIONS THAT WE ALREADY HAVE CURRENTLY SECTION 12 OF OUR ZONING ORDINANCE DEFINES CONDOMINIUMS AS SEPARATE OWNERSHIP OF SINGLE UNITS OR APARTMENTS IN A MULTIPLE UNIT STRUCTURE WITH COMMON ELEMENTS AS DEFINED IN ARTICLE 1301, A TEXAS REVISED CIVIL STATUTES ANNOTATED.
AND THE DATA THAT WAS PREDOMINANTLY DEFINED AS A FORM OF MULTIFAMILY BY SURROUNDING COMMUNITIES.
AND IT CLEARLY STATED THAT THE UNITS WHERE ONE OR MORE COMMON LOTS, MAYBE ON ONE OR MORE LOTS.
HOWEVER, THE FEEDBACK THAT WE RECEIVED FROM THE COMMISSION AT THAT TIME WAS THAT YOU GUYS REALLY WANTED TO SEE IT AS A FORM OF SINGLE FAMILY DEVELOPMENT AND TO BE CONSIDERED FOR A SINGLE FAMILY DEVELOPMENT AND THAT IT BE SOLD FEE SIMPLE.
SO WE'VE ATTEMPTED TO DO THAT.
AND SO THAT PICTURE, THOUGH, WOULD NOT FIT OUR DEFINITION OF ROW HOUSES.
THESE ARE JUST PICTURES WE WANTED TO MAKE SURE.
SO RIGHT NOW I JUST THINK IS IT REALLY THE ONLY DIFFERENCE IS ROW HOUSE OR MORE AND THE FACADES ARE IDENTICAL VERSUS A TOWNHOME WHERE THEY AREN'T NECESSARILY BUT COULD BE RIGHT NOW.
THAT IS HOW WE HAVE DRAFTED THE DEFINITION AND WE'RE LOOKING FOR YOUR IMPACT, YOUR INPUT.
YOU REALLY WOULDN'T BE ABLE TO TELL ANY UNIT DIFFERENCES AND IT WOULD BE ONE COMMON BUILDING, WHEREAS A TOWNHOME WOULD TYPICALLY SEE THOSE AS A DEVELOPMENT AND THEY'RE KIND OF STAGGERED THROUGHOUT THE DEVELOPMENT ALONG DIFFERENT FIRE LINES OR RIGHTS OF WAY.
IT CAN BE IN DIFFERENT UNIT CONFIGURATIONS.
BUT SO IN OUR IN OUR RESEARCH, WE DIDN'T SEE A LOT OF DIFFERENTIATION.
SO WE'RE ASKING FOR YOU GUYS IF YOU HAVE, WHY DOES THERE NEED TO BE I MEAN, IF WE ASKED FOR THAT, WHY DID WE ASK YOU FOR THAT? YEAH, WHY DOES THERE NEED TO BE A DIFFERENCE? AND I DON'T REMEMBER EVEN TALKING ABOUT THE WORD ROWHOUSE.
WELL, MY QUESTION IS, THE DEVELOPERS COME TO YOU AND SAY, I WANT TO BUILD A ROWHOUSES? I GUESS I NEVER HEARD THAT.
PLEASE UNDERSTAND, WHEN WE TALKED ABOUT THE RAIL DISTRICT A NUMBER OF TIMES IN THOSE MEETINGS WITH THE COUNCIL AND STUFF, WE DISCUSSED ROWHOUSES AS A POSSIBILITY OVER ON THE WEST SIDE OF THE ROAD, BUT WE DON'T HAVE A ROWHOUSE TYPE ORDINANCE.
AND SO I THINK THAT'S WHAT PROBABLY PROMPTED SOME OF THIS.
IF WE WANT TO GO THAT WAY AND HAVE SOME ESTABLISHMENT FOR THAT.
BUT THAT'S THE ONLY THING BECAUSE THEY TALKED ABOUT SOME ACCEPTABLE TYPE OF THINGS WE MIGHT LOOK AT.
AND THAT WAS ONE OF THE TERMS THAT CAME UP DURING THOSE MEETINGS.
BUT LET'S CAN WE TALK ABOUT EACH ONE OF THESE SEPARATELY? YES, THAT WAS APARTMENT AND APARTMENT HOUSE.
IT'S NOT REALLY A STANDALONE USE WITHIN ANY OF THE RESIDENTIAL ZONING DISTRICTS.
WITH THAT, UNDER THE DEFINITION OF CONDOMINIUM, WE'RE PROPOSING TO COMPLETELY REMOVE THE CURRENT DEFINITION AND GO WITH SOMETHING THAT WAS MORE SIMILAR TO WHAT SOUTH LAKE HAS, WHERE IT'S A DWELLING UNIT WITHIN DWELLING UNITS CONVEYED BY FEE SIMPLE TITLE WITH UNDIVIDED INTEREST IN COMMON ELEMENTS.
[00:10:08]
IT COULD BE RECREATIONAL FEATURES OR EQUIPMENT.DO YOU HAVE ANY? NO MINIMUM OR MAXIMUM NUMBER OF UNITS FOR A CONDOMINIUM THEN.
IS THAT CORRECT? NOT CURRENTLY.
OKAY. SO. SO THAT'S SOMETHING WE'LL HAVE A DISCUSSION ON BECAUSE EVERYTHING ELSE HAS GOT SOME BASIS.
NUMBER OF PLATS PER ACRE, FOR EXAMPLE.
I THINK THAT DEFINITION IS GOOD WITH THE [INAUDIBLE].
I'LL BE SURE. I'M FOLLOWING SOME THINGS HERE.
I KNOW UNDER THIS UNDER THIS DEFINITION TITLE, THESE ARE DEFINITIONS FOR VARIOUS RESIDENTIAL USES. TYPES OF RESIDENTIAL DEVELOPMENTS? YES, SIR. SO EXPLAIN TO ME ABOUT MY APARTMENTS.
GO AWAY. WE'RE USING THE TERM MULTIFAMILY FOR MULTIFAMILY FOR LEASE PRODUCT IN APARTMENT.
IT DIDN'T IT WASN'T USED ANYWHERE ELSE AS A STANDALONE USE.
SEE, YOU GOT MULTIFAMILY HERE, WHICH IS WHAT THE ZONING IS CALLED NOW ANYWAY.
WELL I'M HAPPY TO SEE APARTMENT TO GOING AND MULTIFAMILY TAKE ITS PLACE ESSENTIALLY RIGHT.
YES. BUT I DON'T KNOW THAT MULTIFAMILY HAS THE SAME ALL THE SAME INFO THAT THE APARTMENT HAS, LIKE APARTMENT HOUSE, WHICH TALKS ABOUT BEING RENTED, LEASING OR NONE OF THAT'S IN THE MULTIFAMILY DWELLING.
YEAH, WHAT I'M SAYING, YOU KNOW, THERE'S A LOT MORE DESCRIPTION IN DIFFERENT TYPES OF MULTIFAMILY AND THE THINGS THAT ARE PART OF THAT DEVELOPMENT THAT THERE'S NOT ANYTHING HERE WITH THAT. SO EXPAND ON THE DEFINITION.
THE MULTIFAMILY SEEMS FINE, BUT JUST MAYBE SOME OF THIS OTHER INFORMATION TO BE INCLUDED.
DEFINITELY DESIGNED, BUILT AND THEN LEASED.
AND I GUESS IT'S THREE OR MORE UNITS WHICH JUST OCCUPIES THE HOME RESIDENCE.
THREE OR MORE FAMILIES MAY LIMIT IT TO THREE OR NOT.
JUST NEED SOME COLLECTION OF FLOOR PLANS.
OKAY. SO MAYBE THAT WOULD BE BETTER.
AND AND ALSO, IN THE END, THOSE ALSO TALK ABOUT THE NUMBER OF UNITS PER ACRE IN THOSE DEFINITIONS, TOO. CURRENTLY, I MEAN, EVERYTHING WE EVERYTHING WE HAD IN A IN A RESIDENTIAL DEVELOPMENT DID HAVE SOME TIED TO HOW MANY UNITS PER ACRE THEY COULD BE.
I DON'T THINK WE WANT TO GET AWAY FROM THAT.
AND AFTER ABOUT THOSE BATTLES.
ALL RIGHT. YOU CAN DEFINITELY INCLUDE THAT LANGUAGE.
IS IT ALREADY LIKE IN ORDINANCE FORM OR WHERE IS THAT? THAT'S WHAT I THOUGHT. IT MIGHT BE WORTH THINKING ABOUT TYING THE DEFINITION OF THIS ARTICLE 13 01A THAT'S BEEN OBSOLETE SINCE LIKE 1993 OR 1995 OR SOMETHING, BUT THERE COULD BE SOME VALUE IN SAYING IT'S DEFINITION THAT'S IN THE TEXAS CONDOMINIUM ACT.
SOMETHING YOU MIGHT WANT TO ASK THE CITY ATTORNEY THAT.
DO WE WANT TO GLOM ONTO ALL THE PRECEDENT THAT'S OUT THERE? THIS IS WHAT A CONDOMINIUM IS AND THIS IS ALL THESE CASES THAT SAY WHAT APPLIES TO A [INAUDIBLE] AND WHAT DOESN'T.
WHAT DO WE WANT? OUR OWN DEFINITION.
AND IT WAS TIED TO THE STATUTE FOR A REASON.
WE WANT TO TIE IT TO THE STATUTE, WHICH IS THE COMMON ELEMENTS, DEFINITELY, WHICH IS WHAT'S TYING THOSE COMMON ELEMENTS TO I DON'T WANT TO REMEMBER, BUT I DON'T HAVE IT HERE. BUT THE MULTIFAMILY, DOES IT HAVE AN ACREAGE, A MINIMUM ACREAGE FOR ANY OF THOSE WITHIN THE ZONING DISTRICT ITSELF, THE RESIDENTIAL MULTIFAMILY, THE RMF? IT DOES, YES.
ALBERT, DO YOU HAVE A ZONING ORDINANCE? YES.
[00:15:13]
IT'S GOING TO BE. 12 DWELLING UNITS PER ACRE.AND WHAT DOES IT SAY ABOUT FOURPLEX AND FIVE AND THREE PLEX COMPLEX? TALK ABOUT ACREAGE FOR THOSE.
YOU SAID A THREE PLEX ? TRIPLEX. THREE AND FOUR FAMILIES.
IT ACTUALLY GIVES A DENSITY OF TWIN DWELLING UNITS.
BREAK. IS THAT WHAT YOU ASK? YEAH. 10 DWELLING UNITS PER ACRE AND THAT'S THREE AND FOUR FAMILY DISTRICT.
WAS THERE ANOTHER ONE THAT YOU MENTIONED? THAT'S OKAY. OKAY.
AND SO WE NEED TO KNOW BASED ON WHAT WE'VE GOT HERE, BECAUSE THE R-12-5 AND ALL THOSE THINGS ALL HAVE A UNIT. BASICALLY THOSE ARE TRYING OF THOSE GROUPS ARE KIND OF BROKEN DOWN TO THE LOW DENSITY AND MEDIUM DENSITY.
SO WE NEED TO KIND OF GET A FEEL FOR WHAT THAT IS SO WE KNOW WHERE CONDOMINIUMS NEED TO GO.
SO A BREAKDOWN, THAT'S BECAUSE IF WE'RE GOING TO TALK ABOUT GENERAL MASTER PLAN OF LOW DENSITY, MEDIUM DENSITY AND HIGH DENSITY RESIDENTIAL, WE'VE GOT TO HAVE SOMETHING FOR THE BASES THAT WERE THOSE.
ERICA MR. OLIVER, I READ AN OLD MULTIFAMILY.
THE RMF IS ACTUALLY 20 DWELLING UNITS PER ACRE.
AND IN THE OLD RMF ONE WAS LIKE 12.
THAT'S CORRECT. AND THE TWO WAS THE 20 UNITS PER ACRE.
THE CURRENT, YES, IS 20 UNIT PER ACRE.
PREVIOUS TO IT. WHEN WE BRING THIS BACK TO YOU, WE CAN DEFINITELY PROVIDE THAT IN A TABLE FORMAT.
YOU KNOW, JUST TO BE SURE, WE WERE CONSISTENT WITH WHAT WE'RE GOING TO LOOK.
THAT SO OCCURRED UNDER A CONDOMINIUM.
POTENTIALLY TIE BACK TO THE CONDOMINIUM ACT ON THAT.
ALSO, I SHOULD KNOW OUR ORDINANCE IS BETTER, BUT DO WE EVER NEED A DEFINITION OF CONDOMINIUM THAT'S A NON RESIDENTIAL CONDOMINIUM? I DON'T THINK WE HAVE THAT IN THE ZONING ORDINANCE RIGHT NOW FOR OFFICE CONDOMINIUMS. I DON'T THINK WE WANT TO DO IT BECAUSE WE WANT THIS TO END UP IN THE RESIDENTIAL ZONING CATEGORY.
OR WE CAN CALL THIS RESIDENTIAL CONDOMINIUM WITH THAT IN THE RESIDENTIAL CATEGORY, RIGHT? WELL, THE DEFINITION SAYS A DWELLING UNIT.
AND IF SOMEONE IS PROPOSING AN OFFICE, SMALL OR LARGE, YOU WOULD HEAR NO PARKING ALL THE TIME TO USE OCCUPANTS OVER LEASE AND THE ROW THE ROW HOUSES.
I GUESS I'M THE DEFINITION AND WE TALKED ABOUT THIS ONE, HOW THEY ALL LOOK ALIKE.
I'M NOT SURE WHY WE WANT TO BE NECESSARILY ALL LOOK ALIKE.
YEAH. YEAH. I DON'T THINK THEY HAVE TO.
I DON'T KNOW THAT THEY NEED TO BE IDENTICAL.
YEAH, RIGHT. LIKE THE ARCHITECTURE.
WHEN YOU GO WITH A THEME MODERN VERSUS.
IT SAYS CONNECTED IN A CONTEMPORARY, I THINK.
BUT I DON'T THINK THERE'S A NEED THAT THEY ALL BE MIRROR IMAGES OF EACH OTHER DOWN TO THERE.
IT DOESN'T MATTER IF IT'S RIGHT HERE.
AND THAT'S WHAT WE DON'T WANT.
[00:20:12]
SPEAKERS].IS THERE ANY COMMENT ON DUPLEX EFFICIENCY UNIT OR FOURPLEX BUILDING? AND THEN ON MULTIFAMILY DWELLING.
BUT I'M TRYING TO UNDERSTAND EFFICIENCY UNIT BY ITSELF.
IT'S JUST A UNIT THAT CAN BE WITHIN A MULTIFAMILY DWELLING THAT DOESN'T HAVE A DIFFERENTIATION OF LIVING SPACE FROM LIKE A COMMON AREA, YOUR LIVING ROOM KITCHEN. YOU MAY HAVE MOST LIKELY HAVE A SEPARATE LITTLE ROOM FOR BATHROOM, BUT THAT WAS ALREADY THERE, RIGHT? RIGHT.
THERE COULD ONLY BE A LIMITED NUMBER OF THE EFFICIENCY UNIT.
I MEAN, IT CAN BE IN THE DEFINITION.
MIGHT NEED TO BE. IT JUST GIVES THE UNIT SIZE SQUARE FOOTAGE OF THE UNIT SIZE.
I'LL KEEP LOOKING. I THOUGHT THERE WAS SOMETHING OFF MIC].
ANY FEEDBACK ON THE SINGLE FAMILY ATTACHED DWELLING ADDING THE EXAMPLES.
SEVEN. THERE IS A DEFICIENCY IN ONE BEDROOM THAT'S BETWEEN 600 SQUARE FEET AND 750 SQUARE FEET, NOT MORE THAN 15% OF THE TOTAL NUMBER OF UNITS.
SINGLE FAMILY DETACHED DWELLING.
WE JUST ADDED THAT IT'S ON ONE LOT.
CAN YOU SKIP AHEAD TO THE LAST SLIDE? FOR THE LAST FIVE.
SURE. THERE'S NOTHING IN HERE ABOUT BECAUSE OF HOW WE DESCRIBE THESE IS THEY HAVE A COMMON WALL, THEY'RE ATTACHED ABOUT ANY KIND OF FEE, SIMPLE OWNERSHIP.
I THINK THE OTHER PLACES I HAVE NOT ALWAYS HAD A LOT OF TIME TO SHARE THE.
[00:25:07]
WELL, IT'S INTERESTING.YES. IT WOULD JUST BE A SHARED COMMON.
AND YOU STILL TRANSFER TITLE FEE? SIMPLE. AND THEY SHOULD HAVE.
AND THEN THE LAST THING THAT WE DID WAS FOR SECTION 56, WHICH IS THE OFF STREET PARKING REQUIREMENTS WE JUST ADDED IN ROW HOUSE, WHERE IT'S NOT IN THERE RIGHT NOW TO PROVIDE THEM WITH A PARKING RATIO OF TWO DWELLING UNITS, TWO PARKING SPACES FOR DWELLING UNIT AND THEN REMOVED APARTMENT AND ADDED MULTIFAMILY RESIDENTIAL CONDOMINIUMS IS ALREADY IN THERE.
IT'S INCONSISTENT WITH THE NEW PROPOSED LANGUAGE.
ONE QUESTION WE DID HAVE FOR THE PLANNING AND ZONING COMMISSION WAS WE HAVE NOT ADDED ROWHOUSE AS A POTENTIAL PERMITTED USE IN ANY OTHER DISTRICT.
IS THAT SOMETHING THAT YOU WANT TO.
YOU'VE GOT TO COME UP AGAIN WITH WHAT WE'RE GOING TO TALK ABOUT AS FAR AS THE NUMBER OF UNITS WE'RE GOING TO WANT TO ALLOW PER ACRE THAT'S GOING TO TELL US WHAT AREA IT NEEDS TO BE IN IN TERMS OF LOW OR MEDIUM HIGHER DENSITY.
IT'S GOING TO BE THE SAME AS TOWNHOUSE.
WELL, I'M NOT SO SURE. RIGHT? I'M NOT SURE. JUST THROW IT OUT THERE.
BUT PROBABLY MAKES MORE SENSE FOR THAT THAN ANYTHING.
WE CAN AMEND THIS WITH YOUR FEEDBACK FROM TODAY AND BRING THAT BACK TO YOU WITH THAT COMPARISON OF THE DENSITIES PER ACRE SO THAT YOU CAN LOOK AT THAT AND EVALUATE IT FURTHER AND PROVIDE FURTHER GUIDANCE.
FOCUS, NORTH TEXAS, IF YOU WERE SIGNED UP FOR THAT, HAS BEEN POSTPONED.
I'M STILL WAITING ON AN EMAIL FROM THE ORGANIZERS AS TO WHEN THAT WILL BE.
I'VE BEEN TOLD THAT IT MAY BE LATE SPRING, EARLY SUMMER.
AND EVERY TIME I FOLLOW UP, I'VE BEEN TOLD TO PUSH OUT A NOTIFICATION, BUT NOTHING'S COME OUT YET.
[3. Invocation and Pledge of Allegiance: Council Member Sharron Rogers ]
ANY ACTION OF THE COUNCIL AS A RESULT OF THAT SESSION? MR. RUMBLEOW? NO, YOUR HONOR.I COMPLETES THE EXECUTIVE SESSION.
ARE YOU READY, MR. CHAIRMAN? YES, SIR. ARE YOU READY, SHARRON? YES, SIR. ALL RIGHT, WE'LL CALL THE 7:30 MEETING TO ORDER.
AND AS YOU TO RISE THROUGH ACTION PLEDGE.
SHARON ROGERS, PLEASE BEAR WITH ME.
WE COME TO YOU TONIGHT, GRATEFUL FOR THE COUNTRY THAT WE LIVE IN FOR THE FREEDOMS THAT WE HAVE.
WE THANK YOU FOR THE ELECTED OFFICIALS AROUND THE DAIS.
WE THANK YOU FOR OUR CITY STAFF, FOR THE LEADERSHIP OF THOSE.
WE ASK YOU TO LEAD US IN OUR LIVES, THAT WE MAY DO THINGS THAT ARE PLEASING TO YOU.
WELCOME YOU TO OUR MEETING TONIGHT.
WE FIRST HAVE SCHEDULED A JOINT MEETING BETWEEN THE PLANNING AND ZONING COMMISSION AND THE COUNCIL.
WE HAVE TWO CASES THAT HAVE BEEN ADVERTISED.
ONE IS ASKED THAT IT BE WITHDRAWN.
SO WE'LL SEE THE ACTION ON THAT.
WE MAY ONLY HAVE ONE, BUT THE PROCEDURE WILL BE WILL DECLARE OPEN THE PUBLIC HEARING.
IF YOU REGISTER WITH THE CITY MANAGER, CITY SECRETARY, YOU'LL BE GIVEN AN OPPORTUNITY TO DO THAT.
[4. Conditional Use Permit CU22-59 (TPA Baseball Training Facility) – City Council and Planning and Zoning Commission to conduct a public hearing relative to an application submitted by Stacy-GV, LLC requesting a conditional use permit to amend the previously approved site plan for CU02-44 (Ordinance No. 2002-80). This request is specifically to allow a baseball training facility inside the existing Stacy Furniture warehouse building. The subject property is located at 1900 South Main Street and is currently zoned “CC”, Community Commercial District. The applicant has requested to withdraw this item. ]
THAT'S A PUBLIC MEETING AND YOU'RE INVITED TO ATTEND THAT, IF YOU LIKE.THE COUNCIL HAS ITS PUBLISHED AGENDA AND WE'LL REMAIN IN SESSION HERE AND INCLUDED IN THAT WILL CONSIDER THE RECOMMENDATIONS OF THE PLANNING ZONING COMMISSION TONIGHT. SO WE'LL BEGIN BY OPENING THE PUBLIC HEARING ON CONDITIONAL USE PERMIT.
[00:30:06]
CU22-59. THE APPLICANT, I UNDERSTAND, IS REQUESTED OPPORTUNITY TO WITHDRAW.GOOD EVENING, HONORABLE MAYOR.
MAYOR PRO TEM, MEMBERS OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION.
THE APPLICANT, MR. JAMES STACY, HAS REQUESTED THAT THE CONDITIONAL USE REQUEST FOR TPA BASEBALL BE WITHDRAWN CONSIDERATION FOR THIS EVENING.
WE HAVE A MOTION I WOULD LIKE TO MOVE TO APPROVE REQUEST TO WITHDRAW.
[5. Conditional Use Permit CU23-01 (Walmart) – City Council and Planning and Zoning Commission to conduct a public hearing relative to an application submitted by Kimley-Horn requesting a conditional use permit to amend the previously approved site plan for CU03-29 for a planned commercial center including an automotive repair facility, gasoline sales, the possession, storage, retail sale of off premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store. This request is specifically to add two metal storage containers for the purpose of storing new parts and landscape equipment for on- and off-site Walmart facility management. The subject property is located at 1601 West State Highway 114 and is currently zoned “CC”, Community Commercial District]
SECOND. ALL IN FAVOR? PLANNING AND ZONING COMMISSIONERS VOTED.ALLOW THE APPLICANT WITHDRAW A MOTION FROM THE COUNCIL.
I'LL MOVE TO ACCEPT THE WITHDRAWAL.
THE SUBJECT SITE IS LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 26 IRA E WOODS AVENUE, APPROXIMATELY 915 FEET WEST OF STATE HIGHWAY 114 AND IS PRESENTLY ZONED COMMUNITY COMMERCIAL DISTRICT.
THE SITE FEATURES AN EXISTING WAL MART WAL MART SUPERSTORE, WHICH HAS PREVIOUS APPROVALS, INCLUDING AUTOMOTIVE REPAIR FACILITY, GASOLINE SALES IN THE POSSESSION STORAGE, RETAIL SALE OF OFF PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE RETAIL STORE.
THIS REQUEST IS SPECIFICALLY TO ADD TWO PERMANENT METAL SHIPPING CONTAINERS EACH EIGHT FEET TALL BY 40 FEET LONG BY EIGHT FEET WIDE, AND SPACE DESIGNATED FOR TWO PICKUP TRUCKS WITH STANDARD LANDSCAPING TRAILERS.
ONE OF THE PROPOSED SHIPPING CONTAINERS WOULD BE DESIGNATED FOR THE STORAGE OF LANDSCAPE MAINTENANCE EQUIPMENT FOR ON AN OFF SITE WAL MART FACILITY MANAGEMENT, WHILE THE OTHER CONTAINER WOULD BE USED FOR STORE TO STORE PARTS FOR THE ROUTINE MAINTENANCE OF THE WAL MART STORE REFRIGERATION EQUIPMENT, THE OUTDOOR STORAGE AREA IS PROPOSED TO BE APPROXIMATELY 40, 4900 SQUARE FEET IN SIZE AND IS ADJACENT TO THE STORE'S SOUTHERN BUILDING ELEVATION NEXT TO THE DALLAS AREA.
RAPID TRANSIT RIGHT OF WAY 817 PARKING SPACES ARE REQUIRED.
THERE ARE CURRENTLY 983 PARKING SPACES ON SITE IN ORDER TO ACCOMMODATE THIS PROPOSED OUTDOOR STORAGE AREA, THEY WOULD REDUCE THE NUMBER OF PARKING SPACES BY 20.
NO OTHER CHANGES ARE PROPOSED TO THE SITE IN REGARDS TO PARKING ACCESS OR SIGNAGE.
WITH THIS REQUEST, THE APPLICANT'S REPRESENTATIVE, MS..
THANK YOU. WHY? MR. CHAIRMAN, YOU HAVE ANY QUESTIONS? CAN SHE HERE? SHE HAVE ANY PRESENTATION? YES. GOOD EVENING, COMMISSION AND COUNSEL. THANK YOU FOR HAVING US.
I DON'T HAVE MUCH TO ADD TO WHAT ERICA PRESENTED OTHER THAN THIS WILL BE USED FOR MAINTENANCE AND REFRIGERATION EQUIPMENT FOR THIS STORE, AS WELL AS SOME OF THE SURROUNDING WAL-MART STORES IN THE AREA, BUT WILL BE USED BY WAL MART PERSONNEL ONLY.
AND HERE TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE, QUESTIONS CAN YOU TELL ME THIS? THE HEIGHT OF THE TRUCK AND THE CAB AND THE BOX THAT YOU HAVE ON IT THAT YOU HAVE IN OUR DRAWING BECAUSE YOU GIVE LENGTH THAT YOU DO NOT TELL? HEIGHT YES, MA'AM.
FROM THE GROUND TO THE TOP OF THE BOX WILL NOT BE MORE THAN EIGHT FEET.
SOMEBODY ELSE GOT A QUESTION THEN? SO THE FENCE AROUND THAT IS GOING TO BE EIGHT FEET? THAT'S CORRECT. SO IT LOOKS LIKE WITH WHAT YOU JUST SAID, THEN THE TOP OF THE TRUCK IS GOING TO SHOW OVER THE FENCE OF THE OF THE.
[00:35:05]
IS THAT RIGHT? THE LANDSCAPE TRUCK.ALL RIGHT. THE CONTAINERS THEMSELVES SIT FLAT ON THE GROUND.
THAT'S CORRECT. OTHER QUESTIONS.
KIRK, I RESPECT KIMLEY-HORN A GREAT DEAL, AND I'M SORRY TO HAVE TO DRAG THESE QUESTIONS TO YOU.
IS THERE A REPRESENTATIVE FROM WAL-MART HERE TONIGHT? THERE IS NOT. I WENT BY THE STORE TODAY AND THOSE CONTAINERS ARE ALREADY SITE.
THEY'RE IN THE PLACE THAT THEY'RE DEPICTED ON THIS DRAWING.
DO YOU HAVE ANY IDEA WHY THEY WOULD DO THAT? NO, I DO NOT KNOW IF THOSE CONTAINERS ARE FOR THIS USE OR IF THEY ARE PART OF THE REMODEL THAT IS HAPPENING.
BUT I DO NOT KNOW WHY THEY ARE CURRENTLY THERE.
ONCE WE GRANT PERMISSION, IT'S A PERMANENT DEAL.
THEY DON'T GO AWAY. SO HAVING SOME THERE AS A TEMPORARY USE, I WOULD ASSUME.
BRUNO, DO YOU HAPPEN TO KNOW OR OR AMERICA? I DON'T KNOW IF.
AND THAT WOULD BE REASONABLE IF WE KNEW.
IF YOU KNEW ABOUT THAT, WE'LL MAKE SURE TO LET YOU KNOW.
WE CAN LOOK INTO THAT AND REPORT BACK TO YOU.
BUT WE WERE NOT AWARE THAT CONTAINERS HAD BEEN PLACED ON SITE.
AND I CAN UNDERSTAND THE NEED.
SO THANK YOU FOR YOUR RESPONSES.
THANK YOU. IT'S ALSO I'D LIKE TO.
4900 SQUARE FEET OF OUTDOOR STORAGE IS A LOT OF STORAGE.
SO WHAT TYPE OF THINGS ARE THEY PLANNING TO STORE THERE? YES. SO INSIDE THE STORAGE CONTAINERS THAT WILL BE WITHIN THAT 4900 SQUARE FOOT AREA.
ONE OF THE CONTAINERS WILL BE USED FOR LANDSCAPING, MAINTENANCE, LAWNMOWERS, DIFFERENT LAWN MAINTENANCE MATERIAL, AND THEN THE OTHER WILL BE FOR REFRIGERATION EQUIPMENT THAT THEY MIGHT NEED TO SERVICE THE REFRIGERATION UNITS WITHIN THE STORE.
SO THERE MUST BE OTHER ITEMS THAT ARE SUPPOSED TO BE EXPOSED OUT THERE, I WOULD ASSUME, AND YOU MAY NOT YOU MAY NOT KNOW, SINCE THERE'S NO ONE HERE FROM WAL-MART, BUT IT'S A 4900 SQUARE FEET, A BIG AMOUNT OF SPACE.
AND I CAN'T SPEAK TO IF THEY INTEND TO STORE ANYTHING ELSE.
BUT THE TWO TRAILERS ARE JUST 640 SQUARE FEET.
SO THAT'S THAT'S WHAT I MEAN, YOU KNOW, JUST A LITTLE OVER 10%.
SO THEN IT'S LIKE, WHAT'S GOING ON WITH THE REST? I UNDERSTAND THERE ARE A LOT OF WHAT APPEARS TO BE RUBBISH AND TRASH OUT THERE IN THAT AREA.
IT'S PRETTY UNSIGHTLY BACK THERE.
THANK YOU. ANY OTHER QUESTIONS? NO OTHER QUESTIONS.
ALL RIGHT. THANK YOU VERY MUCH.
DO WE HAVE ANYONE WISHING TO SPEAK? NO, YOUR HONOR. ANY CORRESPONDENCE? NO, SIR. BUT, MR. CHAIRMAN, WE NEED A MOTION TO CLOSE THE PUBLIC HEARING.
SECOND IN FAVOR ALL OPPOSED MOTION CARRIES.
[7. Conditional Use Permit CU23-01 (Walmart) – Consider the application and make a recommendation to City Council. ]
PUBLIC HEARING IS NOW CLOSED ON.IT'LL TAKE A FEW MINUTES FOR THEM TO DO THAT, AND THEN WE'LL PICK UP WITH CITIZEN COMMENTS.
DO WE HAVE ANYONE WISHING TO SPEAK? YES, YOUR HONOR. I HAVE TO KNOW.
HOWEVER, MR. HICKS IS HERE THIS EVENING WHO WORKS FOR WAL AND IS HERE.
AND MAYBE A QUICK ANSWER SOME QUESTIONS, IF YOU HAVE ANY ADDITIONAL QUESTIONS.
[00:40:03]
OKAY. ALL RIGHT.THIS IS AN INTERESTING POINT AS FAR AS THE ACTUAL STORAGE SPACE REQUIRED.
IF YOU CAN CHANGE THAT NUMBER TO THE ONES ACTUALLY GOING TO BE SITTING ON THE PROPERTY VERSUS ALL THE DRIVERS, INCLUDING DATA, BECAUSE POTENTIALLY THEY COULD CLOSE THAT OFF AND MAKE IT ALL STORAGE AND NOTHING SAYS THAT THEY HAVE TO DRIVE IN AND CIRCLE AROUND TO LOAD IT UP.
IT'S JUST A LOAD, RIGHT? I HAVE TO TAKE IT BACK AT TRUCK UP IN THERE, LOAD IT AND BRING IT OUT AND IT'S ANYTHING TO ACTUALLY ENFORCE IT.
SO, YOU KNOW, YEAH, YOU'RE JUST GIVING THEM ALL THIS SPACE THAT THEY'RE SAYING IT'S FOR DRIVING IN.
MR. HICKS, I CAN MAKE SURE YOU KNOW, THIS IS NOT THE NORM.
THIS IS REALLY NOT A PLACE FOR PUBLIC HEARINGS REALLY OVER.
IF I CAN ANSWER YOUR QUESTION, WE'RE GOING TO SEE IF YOUR ANSWERS WORK.
WELL, THANK YOU SO MUCH. ABOUT SIX MONTHS AGO, I APPLIED FOR A PERMIT.
AND I THINK THAT'S AN ISSUE THAT PERMEATE.
AND WE ALREADY HAD A SENSE OF THE GREEN COMMUNITY SO WE CAN HAVE OUR STORAGE AREA.
SO THAT'S ONE OF THE CONTAINERS ARE THERE BECAUSE WE INITIALLY HAD A PERMIT, THEN WE FOUND OUT THAT WE DIDN'T HAVE THE ROUTE PERMIT AND THE FENCES DOWN TO ACCOMMODATE THE CITY.
THE AREA IS ACTUALLY IS TO PICK UP TRUCKS TO SCRAPERS THAT ARE NOT ANY BOX TRUCKS OR THE REGULAR STANDARD TWO FIFTIES OR F-150 PICKUPS IS REGULAR FLIGHT EQUIPMENT.
SO THE EXTRA STORAGE SPACE IS CURRENTLY A PALLETS OF MULCH.
SO DURING THE MULCH SEASON, WHICH IS NOW WE ARE GOING TO STORE OUR MULCH IN THAT EXTRA SPACE THERE.
AND WE DO NEED TO HAVE THE LOOP AROUND BECAUSE A LOT OF DAMAGE FOR PEOPLE THAT DON'T HAVE TRAILERS VERY OFTEN, BUT IT'S A LITTLE SMOOTHER. AND WE'RE LEARNING FROM OUR OTHER EXPERIENCES, FROM OUR OTHER STORES THAT HAVE IT IN THE COLONY.
AND SO THE LOOP SYSTEM WAS REALLY NICELY INTO 2015.
EVEN IF YOU DON'T KNOW HOW TO DRIVE A TRAILER, YOU STILL CAN RUN OVER THINGS IN THE LOOP.
SO THIS IS ALL STORE USE ONLY.
YEAH, WHY US? WHY THIS LOCATION? AND THEY'RE THE ONLY ONE THAT HAS A LARGE SPACE THAT'S NOT BEING REALLY UTILIZED IN THE STUFF THAT'S BACK THERE.
IT'S LEFT OVER FROM THE CONSTRUCTION.
THE, THE MANAGER ITSELF ARE IN THE PROCESS OF CLEANING ALL THAT AREA.
YEAH, IT LOOKS LIKE IT LOOKS TERRIBLE.
SOME OF THOSE CARTS ARE READY TO BE PICKED UP.
WE HAVE A CART PROS AND COME PICK UP OUR DAMAGED CARTS AND OFF.
SO THOSE ARE ALL KIND OF LIKE A STAGING HERE, IF YOU WILL, OR SOME OF OUR STORES.
WE BRING THEM IN. SO THE OTHER MATERIALS THAT MIGHT BE STORED IN THE OPEN AREA OUT THERE, WE TALKED ABOUT MULCH AND WHAT OTHER KIND OF THINGS WE COULD HAVE SOME MAYBE SOME SALT BAGS FOR THE WINTER TIMES THAT LATER ON IN THE SUMMER YOU DON'T INTEND TO HAVE ANYTHING ON SORT OF PALLET SHELVES OR ANYTHING OR ANYTHING LIKE THAT.
SO SO WE SAID NOTHING CAN BE ABOVE THAT, BUT THEN WE DON'T HAVE TO BORROW A FORKLIFT AND DRIVE THAT, YOU KNOW, WE DON'T WE DON'T WANT TO THINK OFF THE GROUND.
I DIDN'T KNOW ABOUT IT. WHAT'S INSIDE OF HIM? I DIDN'T KNOW PRETTY MUCH ANYTHING.
WHAT WHAT DO YOU WHAT IS YOUR JOB THERE? I AM A GENERAL MAINTENANCE MANAGER AND HAVE A CREW THAT MANAGES WAL-MARTS AND WE ARE JUST HIRED A LANDSCAPING MANAGER.
[00:45:08]
MONDAY AND MONDAY.SO HE WILL BE MANAGING THE PEOPLE THAT ARE GOING TO DO THOSE THINGS.
ANY OTHER QUESTIONS? HOPE THAT CLEARS UP SOME.
WELL. SO THE TRUCK IS NOT GOING TO BE.
YEAH, THAT BOX TRUCK IS NOT JUST THIS DRAWING.
SO THE DRAWING ISN'T GOING TO BE AND THEN IN THIS TO BE WHAT THEY WRITE AND THEN THE STORAGE, THE ACTUAL STORAGE THAT'S ON THERE, IS IT GOING TO BE REFRIGERATOR PARTS FOR THE REFRIGERATION PART, RELATIVELY SMALL PARTS FOR ANYTHING THAT GOES ON IN THE STORE FOR REFRIGERATION MAINTENANCE MAY HAVE SOME TOILETRIES IN THERE.
WHATEVER BREAKS STORE WE FIX AND WE MAY EVEN HAVE SOME ASPHALT, WE PREPARE THE PARKING LOTS AS WELL.
SO WHEN YOU LOCK THAT UP, I CAN HAVE IT ALL VENTILATED.
ANYTHING ELSE? I APPRECIATE YOU.
THANK YOU. I THINK IT WOULD BE GOOD TO.
I'LL MAKE A MOTION THAT WE APPROVE.
SECOND. I'M NOT GOING TO SAY INSANE.
CAN'T BE. NOTHING CAN BE STORED ABOVE THAT.
JUST ASK HIM. I DON'T THINK YOU HAVE TO HAVE THIS ORDINANCE.
THE CITY'S GOING TO CODE IN FORCE IS GOING TO GO BY AND ENFORCE IT.
WE CAN'T HAVE THAT HANGING OUT OVER THE FENCE.
THE ORDINANCE DOESN'T SAY, DOES IT SAY YOU CAN STAND IT IS YOU HAVE TO HAVE A KNIFE.
NOTHING TO BE STORED OVER AND ABOVE THE EIGHT FOOT FENCE.
I APPRECIATE. AND I GET THAT ONE.
HOW DO YOU GET THEM TO REMOVE THE TRUCK DRAWING FOR YOU AND LEAVE IT ALONE? WELL, THEY OUGHT TO. EITHER YOU TAKE IT OUT OR IT NEEDS TO HAVE HEIGHT.
SO I WOULD JUST GET RID OF IT.
YEAH. YEAH. SO WE NEED A NEW DRIVER FOR BASICALLY.
ANY NEW DRAWING NEEDS TO SHOW THE HEIGHT.
HAS BEEN ALSO. IT'S GOING TO BE LEFT THERE.
WHAT'S GOING TO KEEP THEM JUST PARKING IT OUT IN THE PARKING LOT? I DON'T KNOW. THAT'S WHY I JUST DON'T LIKE IT ON THE AIR.
OH, I'M NEVER SAYING THAT. YEAH.
YEAH. BUT IT DOES KEEP THEM FROM STACKING UP MULCH AND STUFF UP.
OTHER THAN I MEAN, THE TRAILER I'M NOT CONCERNED ABOUT BECAUSE THEY CAN'T GET ANY TALLER.
IT IS WHAT IT IS. BUT IF THEY WANT TO STACK.
AND WE FIND THIS WITH OTHER CASES IN TOWN, I GUESS TO BE CONSISTENT ON WHAT OUR.
RIGHT. SO I UNDERSTAND WE GOT A MOTION TO APPROVE AND IT.
[8. Consider the minutes of the January 17, 2023 Planning and Zoning Commission Meeting. ]
TRAILER RATHER THAN A BOX TRUCK.I'LL SECOND THAT MOTION SECOND.
[00:50:01]
I MAKE A MOTION THAT WE APPROVE THE MINUTES OF JUNE 17, 2023.SECOND CALL FAVOR EXTENSIONS WITH TWO EXTENSIONS OPEN TO.
KIND OF LIKE THIS. NOW, MARCUS, YOU DON'T HAVE US HERE.
NO, SIR. HOW ARE YOU DOING NEXT? WE'RE GOING TO HAVE MORE AGENDA ITEMS IN THIS MONTH EACH YEAR.
THE MOTION TO ADJOURN. I MOVE TO GERMANY.
GO BACK. YES.
* This transcript was compiled from uncorrected Closed Captioning.