[00:00:02]
>> CHAIRMAN OSBORN: IT'S 6:00. SO I WILL CALL THIS MEETING OF
[Call to Order and Determination of Quorum]
THE MIDLOTHIAN PLANNING AND ZONING COMMISSION TO ORDER.OUR FIRST ORDER OF BUSINESS IS DETERMINE THAT WE HAVE A QUORUM.
WE DO. WE HAVE FIVE PRESENT AND BOTH OF OUR OTHER TWO ARE ONLINE. IS THAT CORRECT?
>> YES, SIR. >> CHAIRMAN OSBORN: THEY ARE WITH US. SO WE DO HAVE A FULL COMMISSION.
TRENT, DID YOU WANT TO REVIEW ANYTHING, ANY OTHER CASES SINCE
YOU COVERED THAT IN THE OTHER? >> TRENTON: NO, SIR.
>> CHAIRMAN OSBORN: OKAY. SO NEXT ITEM IS CITIZENS TO BE HEARD. THE PLANNING AND ZONING COMMISSION INVITES THE CITIZENS TO ADDRESS THE COMMISSION ON ANY TOP I CANNOT SCHEDULED FOR PUBLIC HEARING AND THE CITIZENS WISHING TO SPEAK SHOULD COMPLETE CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY STAFF PRIOR TO THE MEETING.
IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT.
THE COMMISSION CANNOT ACT OR TALK ACTION ON ITEMS NOT LISTED ON THE AGENDA. SO, DO WE HAVE ANYONE THAT WISHES TO SPEAK THAT IS NOT HERE ON AGENDA ITEM? JUST A GENERAL COMMENT? OKAY.
IF YOU ARE HERE ON AN ITEM ON AGENDA WE'LL CATCH YOU WHEN WE COME TO THAT PARTICULAR ITEM. OKAY.
[Consent Agenda]
ITEM 003, CONSIDER THE MINUTES FOR THE SPECIAL CALLED PLANNING AND ZONING COMMISSION MEETING DATED MARCH 4, 2021.>> TRENTON: MR. OSBORN, YOU CAN INCLUDE ITEM 004, ALL UNDER THE CONSENT AGENDA AND MAKE IT IN ONE MOTION IF YOU LIKE.
>> CHAIRMAN OSBORN: ALL RIGHT. ITEM 004, CONSIDER AND ACT UPON A REQUEST FOR THE FINAL PLAT OF HAWKINS MEADOWS, PHASE 2, BEING 25.123 ACRES OUT OF THE MARCELLUS T. SURVEY, ABSTRACT NO. 463. THE PROPERTY IS GENERALLY LOCATED SOUTH OF HAWKINS RUN ROAD, WITH A PORTION OF THE PROPERTY BETWEEN 14TH STREET AND F.M. 633 AND THE REMAINING PORTION DIRECTLY TO THE EAST OF 14TH STREET.
DO I HEAR A MOTION? >> COMMISSIONER: I MOVE TO
APPROVE. >> CHAIRMAN OSBORN: IS THERE A
SECOND? >> COMMISSIONER: SECOND.
>> CHAIRMAN OSBORN: WE HAVE A MOTION AND A SECOND TO APPROVE.
WE'LL DO A ROLL CALL. COMMISSIONER KOEHLER?
>> VICE-CHAIRMAN KOEHLER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER HILL? >> COMMISSIONER HILL: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER CAVES?
>> COMMISSIONER CAVES: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER SKINNER? >> CCOMMISSIONER SKINNER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER STEPHENS?
>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN OSBORN: IT'S UNANIMOUS. CONSENT AGENDA IS APPROVED.
[005 Consider and act upon a request for a Preliminary Plat of the West Highland Estates, being +/-40.75 acres out of the James Coldiron Survey, Abstract No. 244. The property is generally located on West Highland Road between North Mockingbird Lane and Springer Road (Case No. PP11-2021-084).]
ITEM 005, CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLATTED OF THE WEST HIGHLAND ESTATES, BEING +/- 40.75 ACRES OUT OF THE JAMES COLDIRON SURVEY, ABSTRACT NO. 244.THE PROPERTY IS GENERALLY LOCATED ON WEST HIGHLAND ROAD BETWEEN NORTH MOCKINGBIRD LANE AND SPRINGER ROAD.
>> TRENTON: THANK YOU. ONCE AGAIN, THIS IS NORTH MOCKINGBIRD LANE, SPRINGER ROAD. THEY ARE ASKING A PRELIMINARY PLAT OF THE WEST HIGHLAND ADDITION.
THE PROPOSED PLAN CONSISTS OF 40.75 ACRES WITH THE 33 RESIDENTIAL LOTS. THE PROPOSED PRELIMINARY PLAT MEETS ALL THE REQUIREMENT AS DETERMINED IN THE TEXAS LOCAL GOVERNMENT CODE AND PLAN DEVELOPMENT DISTRICT NUMBER 138.
IN THE CITY OF MIDLOTHIAN SUBDIVISION ORDINANCE RECOMMENDATIONS AND STAFF RECOMMENDS APPROVAL.
I CAN ANSWER ANY QUESTIONS AT THIS TIME.
>> CHAIRMAN OSBORN: QUESTIONS OR COMMENTS BY THE COMMISSION?
>> COMMISSIONER: I HAVE A COMMENT.
>> TRENTON: YES, SIR. >> COMMISSIONER: SO WE ARE LOOKING FOR 100X100 TEMPORARY TURN-AROUND EASEMENT.
IS THAT IN SUPPORTING FIRE ACCESS TEMPORARILY?
>> TRENTON: YES, SIR. >> COMMISSIONER: AND THEY ARE PLANNING ON BUILDING ON LOTS 13, 22 AND 11 DURING THIS PROCESS?
>> TRENTON: CORRECT. >> COMMISSIONER: IT SEEMS PRETTY TIGHT TO ME. ARE WE MAKING STREET ADJUSTMENTS? ARE THERE CURBS?
>> TRENTON: WHAT THEY PROPOSING TO DO IS SIMILAR TO WHAT THEY DID IN ROSE BLOOM, WHEN THEY HAD A SIMILAR SITUATION. OUR ENGINEERING DEPARTMENT DID REVIEW THIS AND WHEN THEY PROVIDE CIVIL WE WILL MEET ALL THE R.D.I., ESPECIALLY WITH THE VIRE DEPARTMENT TO MAKE SURE IT'S LARGE ENOUGH FOR A FULL TURN-AROUND, ET CETERA.
[00:05:01]
>> COMMISSIONER: PERFECT. >> CHAIRMAN OSBORN: ANYONE ELSE? I WOULD ENTERTAIN A MOTION. IF NOT, YOU'LL MAKE A MOTION TO
APPROVE. >> COMMISSIONER: I'LL SECOND.
>> CHAIRMAN OSBORN: MOTION AND A SECOND.
ANY FURTHER DISCUSSION? IF NOT WE'LL CALL THE ROLL.
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER STEPHENS? >> COMMISSIONER STEPHENS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE.
[006 Consider and act upon a request for a Preliminary Plat of the La Paz Ranch Estates Phase 3, being +/-125.456 acres out of the J.B. Orr Survey, Abstract No. 818; Shelby Smith Survey, Abstract No. 917; and the J.W. Singleton Survey, Abstract No. 1246. The property is generally located south of McAlpin Road, and northeast of FM 875 (Case No. PP12-2021-087).]
ITEM 006, CONSIDER AND ACT UPON A REQUEST FOR A PRELIMINARY PLAT OF THE LA PAZ RANCH ESTATES PHASE 3, BEING +/- 125.456 ACRES OUT OF THE J.B. ORR SURVEY, ABOUT TRACT NO. 818; SHELBY SMITH SURVEY, ABSTRACT NO. 917; AND THE J.W.SINGLETON SURVEY, ABSTRACT NO. 1246.
THE PROPERTY IS GENERALLY LOCATED SOUTH OF MCALPIN ROAD,
NORTH OF NORTHEAST F.M. 875. >> TRENTON: THIS.
THIS IS FOR PHASE THREE OF THE LA PAZ DEVELOPMENT CONSISTING OF APPROXIMATELY 125 ACRES WHICH WILL HAVE 65 RESIDENTIAL LOTS.
THIS IS PART OF THE PLANNED DEVELOPMENT DISTRICT 74 THAT CAME IN THROUGH A P.D. AMENDMENT.
WHAT STAFF IS ON THIS PLAT, THIS MEETS MINIMUM REQUIREMENT EXCEPT FOR ONE. WE ARE PUTTING A CONDITION ON THE PRELIMINARY PLAT IN ACCORDANCE WITH THE 2015 INTERNATIONAL FIRE CODE APPENDIX D, THE CITY OF MIDLOTHIAN SUBDIVISION REGULATIONS WHEN A DEVELOPMENT HAS MORE THAN 39 LOTS, THEY ARE REQUIRED TO HAVE TWO POINTS OF INGRESS, EGRESS.
RIGHT NOW BETWEEN LOTS 1 AND 3, THEY HAVE THE 38 LOTS WITH ONE POINT OF ACCESS. STAFF IS RECOMMENDING PRIOR TO THE FINAL PLAT WHICH IS A REQUIREMENT OF THE SUBDIVISION RECOMMENDATIONS AND THE FIRE CODE THAT THE SECOND POINT OF ACCESS BE PROVIDED PRIOR TO A FINAL PLAT BEING APPROVED AND/OR RECORDED AND STAFF CAN ANSWER ANY QUESTIONS AT THIS TIME.
THE APPLICANT IS AWARE OF THE PROVISION.
>> CHAIRMAN OSBORN: OKAY. QUESTIONS OR COMMENTS? DOES THE APPLICANT WISH TO SPEAK?
>> ONLY IF YOU HAVE ANY QUESTIONS.
>> CHAIRMAN OSBORN: OKAY. FLOOR IS OPEN FOR DISCUSSION OR
A MOTION. >> COMMISSIONER: TRENTON, I KNOW YOU ARE ASKING FOR THE SECONDARY ACCESS AS PART OF THE CONDITION. WHERE WOULD IT BE?
>> TRENTON: OFF OF POPPY LANE WEST TO THE DOVE CREEK SUBDIVISION. IN LINE WITH THE DOVE CREEK LATER PHASES AND I UNDERSTAND THAT THE APPLICANT HAS BEEN IN DISCUSSION WITH THE DEVELOPER. IT'S BETWEEN THE ONE THAT
CONNECTS. >> COMMISSIONER: OKAY.
>> COMMISSIONER RODGERS: IS MIKE STILL HERE? MIKE ADAMS? DO WE KNOW WHEN -- IT DOESN'T APPEAR AS THOUGH THE CONNECTOR AS 14TH STREET TO 875 IS GOING TO HAPPEN ANYTIME SOON, IS IT? THE GUYS HAVE BEEN BACKED IN A CORNER FOR A LONG TIME OVER
THERE. >> TRENTON: GOING FROM THE LA PAZ PHASE, TWO, UP TO 14TH STREET?
>> COMMISSIONER RODGERS: YEAH. >> COMMISSIONER RODGERS: THEY
NEED 14TH TO TIE IN POPPY. >> EXCUSE ME.
I THINK 14TH WILL TIE IN TO POPPY PRETTY QUICK.
TIE IN TO POPSY QUICKER THAN -- >> COMMISSIONER RODGERS: I
WOULD AGREE. >> TRENTON: RIGHT.
>> TWO SUBDIVISIONS THERE. >> COMMISSIONER RODGERS: OKAY.
>> CHAIRMAN OSBORN: ANY FURTHER DISCUSSION OR QUESTIONS?
THE FLOOR IS OPEN FOR A MOTION. >> COMMISSIONER: I MOVE TO APPROVE WITH STAFF RECOMMENDATIONS.
>> COMMISSIONER RODGERS: SECOND.
>> CHAIRMAN OSBORN: MOTION AND A SECOND TO APPROVE.
WE'LL DO A ROLL CALL. COMMISSIONER KOEHLER?
>> VICE-CHAIRMAN KOEHLER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER HILL? >> COMMISSIONER HILL: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER CAVES
>> COMMISSIONER CAVES: AYE. >> CHAIRMAN OSBORN:
>> CHAIRMAN OSBORN: COMMISSIONER RODGERS?
>> COMMISSIONER RODGERS: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER STEPHENS? >> COMMISSIONER STEPHENS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE.
WE'LL MOVE ON TO ITEM 007, CONDUCT A PUBLIC
[007 Conduct a public hearing and consider and act upon an ordinance granting a Specific Use Permit (SUP) for outside storage & display relating to the development and use of Lots 6 and 7, Block 2, Eastgate Industrial Park (commonly known as 820, 824, and 840 Dividend Road), presently zoned Medium Industrial (MI) District (Case No. SUP12-2021-080).]
HEARING AND CONSIDER AND ACT UPON AN ORDINANCE GRANTING A SPECIFIC USE PERMIT (S.U.P.) FOR OUTSIDE STORAGE AND DISPLAY RELATING TO THE DEVELOPMENT AND USE OF LOTS 6 AND 7, BLOCK 2, EAST GATE INDUSTRIAL PARK (COMMONLY KNOWN AS 820, 824, AND 840 DIVIDEND ROAD), PRESENTLY ZONED MEDIUM INDUSTRIAL (M.I.)DISTRICT. >> TRENTON: THANK YOU.
[00:10:02]
WHAT IF APPLICANT IS ASKING IS SPECIFIC USE PERMIT TO ALLOW FOR OUTDOOR STORAGE WITH 8-FOOT SECURITY FENCE WITH A THREE-STRANGE BARBED WIRE. HOW THIS CAME AABOUT, ONE OF THE FENANTS CAME IN FOR A NAME CHANGE THE FENCE WAS NOTICED OUT THERE, IT IS AGAINST OUR ZONING REGULATIONS.WE CONTACTED THE PROPERTY OWNER IMMEDIATELY, THE PROPERTY OWNER CAME IN TO THE CITY TO FIGURE OUT HOW TO RECTIFY THE SITUATION. HE IS UNAWARE THAT THIS AGAINST PROVISIONS AND HE WASN'T AWARE THAT THE CONTRACT HAD NOT PULLED THE PROPER PERMITS. SO WHAT THE APPLICANT IS REQUESTING TO DO IS ALLOW FOR THE EIGHT-FOOT SECURITY FENCE THAT GOES FROM ONE END OF THE PROPERTY TO THE OTHER END OF THE PROPERTY AROUND THE DIVIDEND STREET.
IN ADDITION TO THIS OUGHT-FOOT SECURITY FENCE, CONSISTENT WITH THE SURROUNDING DEVELOPMENT THROUGHOUT EAST GATE, THERE IS SIMILAR FENCING THAT IS GOING THROUGHOUT EAST GATE.
THEY ARE GOING TO PUT IN THE VARIOUS SHRUBS ALONG DIVIDEND STREET. WHICH IS IN ADDITION TO WHAT THE PROPERTY OWNERS IN EAST GATE DO NOT HAVE.
THEY ARE TRYING TO FIND WAYS TO BEAUTIFY THE SECTION OR IMPROVE IT, BETTER THAN IS SURROUNDING PROPERTY OWNERS WHICH WAS THE INTENT WHEN IT WAS ANNEXED IN 2017.
ONCE AGAIN THE SUBJECT PROPERTY IS ZONED MEDIUM INDUSTRIAL DISTRICT. WE SENT OUT THE NOTICES FOR 13 PROPERTY OWNERS WITHIN 200 FEET, WE RECEIVED FIVE NOTICES CAME BACK IN FAVOR OF THE REQUEST. ONE ADDITIONAL NOTICE THAT WAS IN FAVOR THAT WAS LOCATED OUTSIDE OF THE 200-FOOT MAILING NOTICE REQUIREMENT. STAFF DOES RECOMMEND APPROVAL.
I CAN ANSWER ANY QUESTIONS AT THIS TIME.
>> CHAIRMAN OSBORN: QUESTIONS OR COMMENTS OF THE COMMISSION?
>> COMMISSIONER RODGERS: MOVE TO APPROVE AS PRESENTED.
>> TRENTON: WE NEED TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER RODGERS: MOVE TO CLOSE THE PUBLIC HEARING.
>> CHAIRMAN OSBORN: ALL IN FAVOR, AYE?
FLOOR OPEN FOR A MOTION. >> COMMISSIONER RODGERS: I MAKE A MOTION TO APPROVE AS PRESENTED.
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: MOTION AND A SECOND TO APPROVE AS PRESENTED.
WE'LL DO A ROLL CALL VOTE. COMMISSIONER KOEHLER?
>> VICE-CHAIRMAN KOEHLER: AYE. >> COMMISSIONER HILL?
RILLS AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER RODGERS? >> COMMISSIONER RODGERS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER STEPHENS?
>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE. IT'S UNANIMOUS.
[008 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit on Lot 40, Block 1, The Grove, Phase 3 and 4 (commonly known as 606 Mesquite Drive), to allow for a residential subdivision sign located on Walnut Grove Road near the entrance of The Grove subdivision (Case No. SUP13-2021-89).]
NEXT ITEM 008, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT ON LOT 40, BLOCK 1, THE GROVE, PHASE 3 AND 4 (COMMONLY KNOWN AS 606 MESQUITE DRIVE), TO ALLOW FOR A RESIDENTIAL SUBDIVISION SIGN LOCATED ON WALNUT GROVE ROAD NEAR THE BALANCE OF THE GROVESUBDIVISION. >> TRENTON: THANK YOU.
IN ACCORDANCE TO 4.6005 OF THE ZONING ORDINANCE REGULATIONS FOR A DEVELOPER TO HAVE A SUBDIVISION SIGN LOCATED ON A LOT, THERE IS VARIOUS REQUIREMENTS THAT THEY HAVE TO MEET. ONE OF THOSE REQUIREMENTS IS TO HAVE A SPECIFIC USE PERMIT. APPLICANT REQUESTING TO DO THAT, TO REQUEST SPECIFIC USE FOR UNMET SIGN IN ACCORDANCE WITH THE ORDINANCE PROVISIONS. WE MAIL OUT THE NOTICES FOR ALL THE PROPERTY OWNERS IN 200 FEET. ZERO CAME BACK IN OPPOSITION AND
ZERO IN APPROVAL. >> CHAIRMAN OSBORN: COMMITTEES
OF STAFF? >> COMMISSIONER STEPHENS: I HAVE A QUESTION. IS THERE A TIME LIMIT?
>> TRENTON: YES. THE TIME LIMIT IS UNTIL THE NEXT PHASE IS COMPLETED. UNTIL THAT PHASE IS COMPLETED
WITH CONSTRUCTION. >> COMMISSIONER STEPHENS:
OKAY, THANK YOU. >> CHAIRMAN OSBORN: ARE THERE QUESTIONS OR COMMENTS? YOU'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER: I'LL MOVE TO CLOSE.
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
ALL IN FAVOR? ANYBODY OPPOSED? IT'S UNANIMOUS. THE FLOOR IS OPEN FOR DISCUSSION
AND/OR ACTION. >> THESE ARE TEMPORARY?
THEY'RE TEMPORARY SIGNS. >> THEY ARE COMPLIANT?
>> TRENTON: YES, SIR. AN EXAMPLE OF WHAT THE SIGN WILL LOOK LIKE IS UP ON THE POWER POINT.
IT'S PRETTY CONSISTENT WITH THE DEVELOPER SIGNS.
NOTHING OUT OF THE ORDINARY. >> CHAIRMAN OSBORN: OKAY.
>> TRENTON: WOODEN POSTS. >> COMMISSIONER: MAKE A MOTION
TO APPROVE AS PRESENTED. >> CHAIRMAN OSBORN: MOTION TO APPROVE. IS THERE A SECOND?
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: I HAVE A MOTION AND A SECOND TO APPROVE. ROLL CALL.
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: AYE.
[00:15:02]
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER RODGERS? >> COMMISSIONER RODGERS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER STEPHENS?
>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE. IT'S UNANIMOUS.
WE'LL MOVE TO ITEM 009, CONDUCT A PUBLIC
[009 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit on Lot 1, Common Area 2, Dove Creek to allow for a residential subdivision sign located facing McAlpin Road, near the entrance of Dove Creek subdivision (Case No. SUP14-2021-90).]
HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT AND LOT 1, COMMON AREA 2, DOVE CREEK TO ALLOW FOR A RESIDENTIAL SUBDIVISION SIGN LOCATED FACING MCALPIN ROAD, NEAR THE ENTRANCE OF DOVE CREEK SUBDIVISION.>> TRENTON: SIMILAR TO THE LAST ITEM, I SPOKE ABOUT AND PRESENTED, THEY ARE REQUESTING THE SAME TYPE OF SIGN TO BE LOCATED IN THE DOVE CREEK SUBDIVISION.
THIS MEETS ALL THE MINIMUM REQUIREMENTS.
WE DID MAIL OUT NOTICES TO ALL PROPERTY OWNERS WITHIN 200 FEET.
WE RECEIVED THREE IN OPPOSITION IN THE 200 FEET.
ZERO IN FAVOR. I CAN ANSWER ANY QUESTIONS AT THIS TIME. THIS DOES REQUIRE A PUBLIC
HEARING. >> CHAIRMAN OSBORN: OKAY.
QUESTIONS OF STAFF? OKAY. WE DO HAVE ONE SPEAKER SIGNED UP. JOHN CONNER.
NOT HERE? >> TRENTON: UNLESS THEY'RE IN THE HALL. BUT YOU DON'T SEE HIM.
>> NOBODY OUT THERE. >> TRENTON: THANK YOU.
>> CHAIRMAN OSBORN: FOR THE RECORD, HE IS IN OPPOSITION.
WE HAVE ONE OTHER OPPOSITION -- WELL, HE AND HIS WIFE ON A SEPARATE FORM. ANYBODY ELSE WISH TO SPEAK? IF NOT, I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER: MOTION TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: MOTION AND SECOND TO CLOSE TUB POLITIC HEARING.
WE'RE GOING TO DISCUSS. WE HAVE CLOSED THE PUBLIC
HEARING. >> COMMISSIONER: I'LL MAKE A
MOTION TO APPROVE AS PRESENTED. >> CHAIRMAN OSBORN: OKAY.
MOTION AND A SECOND. DISCUSSION? IF NOT, ROLL CALL. COMMISSIONER KOEHLER?
>> VICE-CHAIRMAN KOEHLER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER HILL? >> COMMISSIONER HILL: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER CAVES?
>> COMMISSIONER CAVES: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER SKINNER? >> CCOMMISSIONER SKINNER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER RODGERS?
>> COMMISSIONER RODGERS: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER STEPHENS? >> COMMISSIONER STEPHENS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE.
[010 Conduct a public hearing and consider and act upon an ordinance for a Specific Use Permit (SUP) for a restaurant (over 1,000 square feet in size), relating to the use and development of ±.1.0869 acres of land presently zoned Commercial (C) District. The property is located at 3261 FM 663, Suite B. (Case No. SUP15-2021-092).]
ITEM 010, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT (S.U.P.) FOR A RESTAURANT (OVER 1,000 SQUARE FEET IN SIZE), RELATING TO THE USE AND DEVELOPMENT OF +/- 1.0869 ACRES OF LAND PRESENTLY ZONED COMMERCIAL DISTRICT. THE PROPERTY IS LOCATED AT 3261F.M. 663, SUIT B. >> MARCOS: THANK YOU.
THIS IS OFF 663, ACROSS FROM THE LAWSON FARMS DEVELOPMENT.
IT'S FOR A RESTAURANT THAT DOES EXCEED 1,000 SQUARE FEET IN SIZE. THIS WILL BE LOCATED IN THE UNIT "B" WHICH IS CURRENTLY SIZED AT 2700 SQUARE FEET.
IN ADDITION, THE APPLICANT IS CONSTRUCTING 1100 SQUARE FOOT PATIO FOR ADDITIONAL SEATING ON THE REAR SIDE OF THE BUILDING.
IT WOULD END UP REMOVING FOUR PARKING SPACES.
THE BUILDING WAS ALREADY CONSTRUCTED WHEN THIS AREA WAS ANNEXED IN 2008. THE PROPERTY HAD AGRICULTURAL DESIGNATION THEN. AROUND 2011, THAT IS WHEN THE AGRICULTURAL DESIGNATION CHANGED TO A COMMERCIAL DISTRICT.
A RESTAURANT DID PREVIOUSLY OCCUPY THIS AREA.
OR THIS PARTICULAR SUITE. BUT ANY NONCONFORMING PROTECTION HAS EXPIRED FOR THE PREVIOUS RESTAURANT USE.
HENCE, THE REASON WE ARE HERE TODAY FOR THE S.U.P.
WE ALWAYS LOOK TO THE COMPREHENSIVE PLAN FOR FUTURE DEVELOPMENTS. THIS PROPERTY IS LOCATED IN WHAT WE CALL THE COUNTRY MODULE. THE MODULE DOES ENCOURAGE SMALL SCALE TYPE OF USES NEAR THE ARTERIAL AND IT WOULD BE CONSISTENT WITH THE COMPREHENSIVE PLAN.
THE SITE HAS ABOUT 40 PARKING SPACES.
APPROXIMATELY 40 PARKING SPACES. THE CODE WOULD REQUIRE AT LEAST 33 PARKING SPACES SO REMOVE THE FOUR SPACES WOULD STILL LEAVE THE PROPERTY WITHIN, OR BEING CONSISTENT WITH THE CURRENT STANDARDS. CURRENTLY VEHICLE ACCESS IN THE REAR PARKING AREA IS THROUGH AN UNIMPROVED DIRT PATH.
STAFF DOES RECOMMEND A CONCRETE DRIVE AISLE BE INSTALLED TO KEEP THE VEHICLES OFF THE DIRT AREA. YOU CAN SEE WHERE MY POINTER IS THERE. THE EXISTING DUMPSTER IS ON THE SITE AND WE RECOMMEND THAT IT'S SCREENED IN.
WE SENT OUT 200 LETTERS AND WE HAVE RECEIVED NO WRITTEN RESPONSES AND THE STAFF RECOMMENDS APPROVAL WITH THE TWO CONDITION, THAT THE DUMPSTER AREA BE SCREEN AND A MINIMUM
[00:20:04]
12-FOOT WIDE CONCRETE AISLE ON THE REAR SIDE OF THE PROPERTY SO THAT THE CARS CAN ACCESS THE EXISTING PARKING SPACES.I WILL CONTINUE TO STAND FOR QUESTIONS.
>> CHAIRMAN OSBORN: WHERE EXACTLY ARE YOU TALKING ABOUT
THE ADDITIONAL CONCRETE? >> MARCOS: THIS AREA RIGHT
HERE, SIR. >> CHAIRMAN OSBORN: OKAY.
I HAVE A QUESTION, I GUESS FOR COUNCIL.
THIS SITE AS IT SITS WAS OBVIOUSLY APPROVED BY THE COUNCIL AT SOME POINT WHICH MEANS THAT AREA BACK THERE WAS LEFT TO BE NON-CONCRETE. SINCE THAT IS A PREEXISTING USE
CAN WE REQUIRE IT BE CONCRETE? >> AS A CONDITION FOR THIS ZONING, ABSOLUTELY. ABSOLUTELY.
>> CHAIRMAN OSBORN: OKAY. >> MARCOS: JUST FOR CLARIFICATION, SIR, OUR COUNCIL DIDN'T APPROVE -- IT WAS ALREADY BUILT. IT WAS ANNEXED IN TO OUR CITY.
ALREADY BUILT THIS WAY. >> CHAIRMAN OSBORN: OKAY.
>> MARCOS: YES, SIR. >> CHAIRMAN OSBORN: SAME THING WOULD APPLY TO PREEXISTING CONDITION, RIGHT?
>> MARCOS: YES, SIR. >> CHAIRMAN OSBORN: OKAY.
THANK YOU. OTHER QUESTIONS OF STAFF? DOES THE APPLICANT WISH TO SPEAK?
>> YES, PLEASE. >> CHAIRMAN OSBORN: COME UP AND IDENTIFY YOURSELF. OUR ADDRESS.
>> THANK YOU, MY NAME IS EDDIE CONDI.
FIRST, THANK YOU DISTINGUISHED BOARD MEMBERS FOR ALLOWING ME TO SPEAK. MY PARTNERS AND I WANT TO OPEN THIS NEW RESTAURANT WITH THE CONCEPT THAT DOESN'T CURRENTLY IS NOT IN THE CITY LIMITS OF MIDLOTHIAN.
BEFEEL LIKE IT WOULD DO -- WE FEEL LIKE IT WOULD DO WELL HERE.
THAT BEING SAID, THAT IS 109 FEET OF CONCRETE THAT WE HAVE TO PUT IN. WHEN I GOT A BID IT WAS LIKE $14,000. THAT IS NOT SOMETHING THAT MY PARTNERS AND I FEEL LIKE FOR SOMEONE ELSE'S PROPERTY TO HAVE TO PUT THAT MONEY IN, SOMETHING THAT IS FEASIBLE FOR US OR IT'S NOT GOOD BUSINESS PRACTICE. THAT IS THE REASON I WOULD LIKE TO JUST ASK IF IT'S POSSIBLE TO WAIT UNTIL AFTER WE MOVE IN AND GET A BUSINESS STARTED TO BE ABLE TO MAKE SOME ADJUSTMENTS TO SOMEONE ELSE'S PROPERTY. I'M NOT SURE IF THAT IS A CASE WE CAN MAKE BUT IT WOULD BE SOMETHING I WOULD LIKE TO
PRESENT TO YOU. >> CHAIRMAN OSBORN: OKAY.
QUESTIONS OF THE APPLICANT? >> COMMISSIONER: YOU'RE THE ONE THAT IS GOING TO BUILD THE PATIO AREA?
>> YES, SIR. MYSELF AND TWO PARTNERS ARE LOOKING TO OPEN THAT RESTAURANT WITH THE PATIO IN THE BACK.
>> COMMISSIONER: YOU WOULD BUILD THAT PRIOR TO MOVING IN?
>> WE ASKED IF IT WAS SOMETHING THAT, IF IT REQUIRED FOR THE DRIVEWAY TO BE IN PLACE WE WOULDN'T DO IT AT THE BEGINNING.
FROM WHAT I UNDERSTAND, NO MATTER WHAT IF WE PUT THE PATE OWE OR NOT THE DRIVE PATH -- PATIO OR NOT THE DRIVE PATH IS
REQUIRED. >> COMMISSIONER: I WOULD THINK
SO. >> EITHER WAY WE WERE THINKING WE WOULDN'T PUT IT IN IN THE BEGINNING TO THE BUSINESS BUT I DON'T THINK THAT IS THE CASE AT THE MOMENT.
>> COMMISSIONER: YOU WOULDN'T HAVE A PROBLEM IF WE SAID IF YOU BUILD THE PATIO THEN YOU NEED TO BUILD THE CONCRETE STRIP?
>> AT SOME POINT, YES, SIR. WE WOULD LIKE TO START OFF AND THEN ONCE WE GET SOME -- OBVIOUSLY OUR RESOURCES ARE ALLOCATED TO THE STARTUP OF THE RESTAURANT.
SO WE'D LIKE TO SOMEHOW SEE IF IT'S POSSIBLE TO MOVE IT FURTHER DOWN THE ROAD ONCE WE GET MORE MONEY.
>> COMMISSIONER: WHERE ARE THE CURRENT DUMPSTERS NOW? THERE WAS A PREVIOUS RESTAURANT THERE.
>> WHERE MARCOS IS POINTING. THANK YOU, MARCOS.
THERE ARE TWO DUMPSTERS THERE. THEY ARE SHARED BY THE OTHER THREE TENANTS IN THE BUILDING. BUT APPARENTLY SINCE WE STARTED THE S.U.P., WE WOULD BE RESPONSIBLE FOR PAYING FOR THE FULL DUMPSTER ENCLOSURE. HAVE NO PROBLEM DOING THAT.
IT'S JUST THE 109 FEET OF THE CONCRETE IS A LITTLE MORE EXPENSIVE THAN WE HAD FIGURED. OR BUDGETED FOR.
SINCE WE DIDN'T KNOW THAT WAS THE CASE.
>> IT WOULD BE THE INTENTION TO LEAVE THE DUMPSTERS WHERE THEY ARE AT AND PUT THEM IN THE LOCATION?
>> GREAT QUESTION. THE LANDLORD WOULD BE THE ONE TO ANSWER THAT. I'M NOT SURE.
>> CHAIRMAN OSBORN: OTHER QUESTIONS?
>> COMMISSIONER RODGERS: SO YOU ARE ASKING FOR LEVERAGE TO CHANGE YOUR TIMING ON YOUR CONCRETE INSTALLATION?
>> THAT IS CORRECT. >> COMMISSIONER RODGERS: I'M ASSUMING THAT THE CONCRETE THAT WOULD BE INSTALLED IS FOR A PORTION OF PARKING. WHAT WOULD -- WHAT IS THE SURFACE OF THE CONCRETE, MARCOS? WHAT THE PURPOSE IN HAVING THAT
REQUIREMENT BACK THERE? >> MARCOS: SURE.
IT'S JUST SO THAT FOLKS AREN'T DRIVING ON DIRT TO ACCESS THE
EXISTING -- >> COMMISSIONER RODGERS: LET ME ASK A QUESTION. I BELIEVE AT THE WEDDING VENUE ON NORTH 9TH WE ALLOWED A DIFFERENT PRODUCT TO BE USED.
[00:25:05]
SUB SURFACE PRODUCT THAT THEN WOULD ALLOW -- WAS IT CRUSHEDSTONE TO GO ON THAT? >> MARCOS: THE GRID.
>> COMMISSIONER RODGERS: I BELIEVE THEY FOUND IT WOULD HANDLE AND SUR SUFFICE THE FIRE DEPARTMENT, YES OR NO?
>> MARCOS: I HAVE TO CHECK BUT I REMEMBER IT WAS INSTALLED.
IF THE FIRE DEPARTMENT ENDED UP LIKING THAT OR NOT, I DON'T KNOW. I DON'T HAVE THAT ANSWER.
BUT MY UNDERSTANDING IS THAT THAT WAS INSTALLED ON THAT 9TH STREET VENUE WEDDING. YOU ARE ABSOLUTELY CORRECT.
>> COMMISSIONER RODGERS: THAT IS FOR NOT SO MUCH PARKING AREA BUT A ROUNDABOUT WHICH IS UNDER HEAVY TRAFFIC.
>> MARCOS: YES, SIR. FOR DRIVE PATH.
>> COMMISSIONER RODGERS: THIS IS AN ALTERNATIVE PARKING AREA,
YES OR NO, ON THE BACKSIDE? >> MARCOS: THAT IS GOOD
QUESTION. >> COMMISSIONER RODGERS: SO YOU ARE LOOKING FOR A TRANSIT AREA TO GET CARS IN TO PARKING SPOTS. JUST A PASS-THROUGH.
>> MARCOS: JUST A PASS-THROUGH.
>> COMMISSIONER RODGERS: IT COULD TURN IN TO PARKING IF IT'S A BIG BIND BUT THIS IS JUST A PASSAGE AREA.
>> MARCOS: YES. >> COMMISSIONER RODGERS: THIS GENTLEMAN IS LEASING. WHY WOULD HE WANT TO PUT $140,000 OR $15,000 TO SOMETHING HE CAN'T RECOUP?
>> MARCOS: SURE. >> COMMISSIONER RODGERS: DO WE HAVE THE LATITUDE TO MAKE ADJUSTMENTS NECESSARY, COUNCIL? I KNOW THAT THE CITY SEEMS TO BE FIXATED ON SIX INCHES OF HEAVY DUTY CONCRETE EVERYWHERE, BUT THERE ARE PLACES LIKE THIS TO
APPLY COMMON SENSE. >> THERE IS MULTIPLE ANSWERS, AS THERE ARE MULTIPLE QUESTIONS IN YOUR STATEMENT.
FIRST, CAN THIS STILL BE A CONDITION EVEN IF HE IS NOT THE OWNER OF THE PROPERTY? I THINK I HEARD THAT.
>> COMMISSIONER RODGERS: I'M NOT CONCERNED THAT THE CONDITIONS -- I UNDERSTAND, I GUESS I'M SAYING HIS POSITION THAT IF I WERE IN HIS POSITION YOU WOULD NOT WANT TO INVEST $14,000 OR $15,000 FOR WHICH I COULD NOT RECOUP.
MINE IS A SIMPLE QUESTION. I BELIEVE THE BOARD NOW SERVES TRULY AS KIND OF MORE OR LESS AN ADVISORY BOARD TO COUNCIL.
SO TO SPEAK. WE ARE PRODUCING VOTES BUT IS THERE AN ISSUE WITH US APPROVING THIS WITH AN ADVICE THAT THIS PARTICULAR APPLICATION COULD BE LOOKED UPON FOR COUNCIL TO, THAT WOULD BE OUR PREFERENCE THAT THE COUNCIL WOULD CONSIDER THIS?
DO WE HAVE TO APPROVE CONCRETE? >> YOU NEED TO MAKE A RECOMMENDATION ON HOW IT CAN BE DEVELOPED AND CONDITIONS RELATED TO THE ZONING. WHATEVER THE CONDITIONS ARE THAT YOU DECIDE TO MEET, THAT IS WHAT YOU WOULD RECOMMEND.
THAT WOULD BE PART OF YOUR RECOMMENDATION OF YOUR VOTE, OR YOUR MOTION. SO IF YOU WANT TO RECOMMEND SOME KIND OF A -- I MEAN WE DON'T HAVE A CASE FOR A WAIVER.
IF YOU WANT TO MAKE A RECOMMENDATION THAT THE DURABLE DRIVE NOT REQUIRED AS A CONDITION AND JUST GO WITH THE ORIGINAL APPLICATION NOT CONFER WITH THE STAFF'S RECOMMENDATION.
>> COMMISSIONER RODGERS: IF WE WENT WITH THE ORIGINAL APPLICATION WOULD IT ALLOW FOR NOTHING?
>> IT WOULD ALLOW FOR NOTHING. >> COMMISSIONER RODGERS: I DON'T KNOW THAT THAT IS A GOOD IDEA.
>> YOU NEED TO STATE WHATEVER THE CONDITION IS IN BETWEEN YOU KNOW, NOTHING AND WHAT STAFF IS RECOMMENDING.
>> COMMISSIONER RODGERS: ALL I WAS ASKING WE ARE NOT BACKED IN A CORNER SO TO SPEAK UNDER THE ORDINANCE SPACE THAT REQUIRES CONCRETE. THAT WE DON'T HAVE TO PLACE A VOTE, A RULING ON THAT, AND THAT CONCEPT.
I DON'T PERSONALLY SEE -- I CAN'T SPEAK FOR THE OTHER COMMISSIONERS BUT ONLY MYSELF. I DON'T SEE A NEED FOR CONCRETE IN THIS AREA AT THIS POINT. FOR TRANSIT.
NOW I DON'T KNOW HOW WE LEAVE THIS -- CLYDE, DOES THIS CAUSE A PROBLEM TO LEAVE THIS UP ON THE STAFF'S INTERPRETATION? I HEARD THE GENTLEMAN SAY THEY DIDN'T HAVE A PROBLEM PUTTING CONCRETE IN LATER. IS THERE A WAY TO WORK THAT OUT?
>> I DON'T KNOW HOW YOU ENFORCE IT AT A LATER POINT.
ONS AN ONCER WE DON'T HAVE ENFORCEMENT ON THAT.
>> COMMISSIONER RODGERS: I'M RELY ON HOW THE OTHER COMMISSIONERS WANT TO COMMENT. THAT IS MY TAKE.
>> I GOT A QUESTION. WOULD HE HAVE TO COME BACK TO THE P&Z IF HE DECIDED LATER TO DO THE PATIO?
IF HE DECIDED TO DO THE PATIO LATER UNLESS THERE IS A REQUIREMENT BUILT IN THE ORDINANCE THAT SAYS HE HAS TO.
>> JUST NEEDS A PERMIT AT THAT TIME?
>> MARCOS: YEAH, JUST NEEDS A PERMIT TO BUILD A PATIO.
YES, SIR. >> IN MY MIND IF HE WAS PUTTING A PATIO OUT THERE HE WOULD WANT A CONCRETE BUFFER TO REDUCE DUST FOR CUSTOMERS. YOU HAVE DON'T HAVE A PROBLEM
[00:30:02]
WITH THE RESTAURANT BUT I HAVE A PROBLEM ENFORCING THE CHUNK OFCONCRETE AT THIS POINT. >> YOU COULD TIE THE EXPANSION TO THE PATIO TO THE LATER CONSTRUCTION OF THE CONCRETE.
SO WE COULD INCLUDE THAT CONDITION.
IF YOU SAW THE TWO GOING TOGETHER.
YOU KNOW, IF YOU ARE GOING TO GET THE PATIO, YOU HAVE TO DO THE CONCRETE. THEN YOU COULD CONDITION THE ZONING FOR THAT. NO PERMIT COULD BE ISSUED FOR THE PATIO EXPANSION UNTIL YOU HAVE CONCRETE.
>> IS STAFF'S REQUEST OR THE RECOMMENDATION THEY POUR PAD THE ENTIRE LENGTH OF THE PARKING SPOTS?
>> MARCOS: YES, SIR. THIS SLIDE INDICATES WHERE WE WOULD EXPECT A DRIVE AISLE TO OCCUR.
THIS WOULD ALLOW FOLKS A SINGLE DRIVE AISLE, 12 FOOT WIDE TO ALLOW A VEHICLE TO PASS BACK AND FORTH.
ESSENTIALLY. THEN ON TOP OF THAT, WE LOOK AT THAT ENCLOSURE TO MAYBE BE PUSHED CLOSER, SO YOU KNOW, TRASH VEHICLES ARE ABLE TO GET IN AND GET OUT A LOT EASIER.
>> I WOULD AGREE WITH THE OTHER COMMISSIONERS, I HAVE A PROBLEM ASKING SOMEBODY TO PAY FOR SOMETHING THAT THEY DON'T NECESSARILY OWN THE PROPERTY TO. THAT IS A TOUGH ONE.
>> COMMISSIONER RODGERS: I WANT TO MAKE SURE -- I DIDN'T GO IN TO ENOUGH DETAIL. WHAT THEY PUT IN AT THE WEDDING VENUE I WAS MENTIONING IS AN UNDERGRID.
IT'S SOME SORT OF ALMOST AN OCTAGONAL CONNECTING GRID.
YOU RUN GRAVEL OR CRUSHED STONE ON THAT AND IT WILL HOLD THE SURFACE. SO AS I HAVE BEEN IN THE WEDDING VENUE SEVERAL TIMES YOU DON'T THINK IT WOULD BE MUCH, IF ANY OF A DUST ISSUE WITH THAT BECAUSE IT'S HOLDING THAT TOGETHER AND THERE IS NO BASE INVOLVED.
THAT WAS MY ONLY THOUGHT SINCE IT WAS JUST PASSAGE.
IF THAT WAS FOR PARKING, WELL, WHO KNOWS? THE GRID SYSTEM MAY WORK FOR THAT, TOO, ALSO.
WERE YOU HOPING, SIR, TO MAKE USE OF THE PATIO IMMEDIATELY OR
THAT IS A FUTURE PLAN ALSO? >> WE HAD HOPED TO OPEN WITH THE
PATIO IN PLACE. >> IMMEDIATELY.
>> IF POSSIBLE. BUT I UNDERSTAND FROM MARCOS THE CONDITION FOR -- IF WE REMOVE THE PATIO, DOES THE DRIVE PATH GO AWAY? CORRECT ME IF I'M WRONG, IT DOES NOT. SO THE PATIO HAS NOTHING TO DO WITH THE CONDITION. IT DOESN'T MATTER IF I START THE PATIO OR NOT THE DRIVE PATH WOULD BE --
>> I THINK WE ARE LOOKING AT THE PATIO AS A CONDITION WAS LOOKING FOR A WAY TO TIE THE IMPROVEMENTS TOGETHER TO GIVE MORE OF A GUARANTEE THE IMPROVEMENT MIGHT HAPPEN.
>> UNDERSTOOD. >> COMMISSIONER RODGERS: THAT IS WHAT I THINK WE ARE GETTING AT.
>> IF WE DIDN'T DO THE PATIO THE RECOMMENDATION FOR DRIVE PATH
WOULD STILL BE IN PLACE. >> COMMISSIONER: IS THIS THE SAME BUILDING THAT WE HAVE THE CIGAR LOUNGE IN?
>> YES, SIR. >> COMMISSIONER: WE DIDN'T
FORCE THEM TO PUT IN A DRIVE? >> MARCOS: THAT IS CORRECT.
THERE WASN'T A PATIO THAT THEY WERE PROPOSING ON THE BACKSIDE.
I THINK AS WE LOOKED AT THIS CLOSER WE THOUGHT WELL, VERY SIMILAR TO WHAT COMMISSIONER HILL YOU JUST MENTIONED EARLIER DUST ISSUES, SO ON AND SO FORTH. WE DO WANT TO SEE VEHICLES DRIVE ON CONCRETE AND NOT ON DIRT. BUT THE IDEA IS TO TRY TO BRING PROPERTIES CLOSER IN TO CONFORMANCE ESPECIALLY TRYING TO GO THROUGH A REZONE PROCESS AND GOING THROUGH THE S.U.P.
PROCESS. MORE HEALTH AND SAFETY FROM THAT
CONCERN. >> CHAIRMAN OSBORN: OTHER QUESTIONS OF STAFF OR APPLICANT? WE DON'T HAVE ANYBODY SIGNED UP TO SPEAK. ANYBODY ELSE WANT TO SPEAK THAT HASN'T SIGNED UP? IF NOT, I'D ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER: MOTION TO CLOSE.
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
ANYBODY OPPOSED? IT'S UNANIMOUS. THE FLOOR IS OPEN FOR DISCUSSION
AND/OR A MOTION. >> COMMISSIONER: I WANT TO MOVE TO THE APPROVE WITH THE CONDITION IF HE BUILDS THE PATIO HE NEEDS TO BUILD THE CONCRETE STRIP.
>> CHAIRMAN OSBORN: OKAY. WE HAVE A MOTION.
IS THERE A SECOND? >> COMMISSIONER STEPHENS: WHAT
DUD STAFF RECOMMEND? >> CHAIRMAN OSBORN: I'M SORRY.
>> DOES IT INCLUDE THE DUMPSTER ENCLOSURE?
>> COMMISSIONER: IT DOES. >> MARCOS: IT INCLUDES THE
DUMPSTER ENCLOSURE ALSO. >> COMMISSIONER STEPHENS: THEN
A SECOND. >> CHAIRMAN OSBORN: MOTION AND SECOND. ANY FURTHER DISCUSSION? ALL RIGHT. ROLL CALL.
[00:35:03]
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: NO.
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: YES.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: NO. >> CHAIRMAN OSBORN:
COMMISSIONER RODGERS? >> COMMISSIONER RODGERS: NO.
>> CHAIRMAN OSBORN: COMMISSIONER OSBORN, NO.
FLOOR IS NOW OPEN FOR FURTHER DISCUSSION AND/OR ANOTHER
MOTION. >> COMMISSIONER: QUESTION FOR STAFF. WOULD STAFF BE OPEN FOR AN ALTERNATIVE SURFACE OTHER THAN CONCRETE BACK THERE? AN ALTERNATIVE VEHICULAR SURFACE, NOT NECESSARILY FIRE
RATED? >> MARCOS: THE STANDARDS, THE CONSTRUCTION STANDARD DETAILS WE ONLY HAVE IT FOR CONCRETE.
>> COMMISSIONER: OKAY. >> MARCOS: I THINK WE ARE VERY LIMITED WHEN IT COMES DOWN TO THAT.
WE WOULD BE LOOKING FOR A CONCRETE MATERIAL.
>> COMMISSIONER RODGERS: WE DON'T ALLOW ASPHALT?
>> MARCOS: NO, SIR. >> COMMISSIONER RODGERS: SO THEN HOW DID THE WEDDING VENUE NOT GET CONCRETE?
>> MARCOS: COUNCIL. >> COMMISSIONER RODGERS: DID THEY GO THROUGH SOME SORT OF A WAIVER PROCESS?
>> MARCOS: NO, SIR. WELL, THE WAIVER PROCESS WAS THROUGH COUNCIL. SO IF COUNCIL HAS THAT AUTHORITY TO APPROVE THE GRIDS, THEY CAN APPROVE ASPHALT, THEY CAN ALWAYS APPROVE ANY OTHER DECOMPOSED GRANITE.
THEY CAN APPROVE ANY MATERIAL. >> COMMISSIONER RODGERS: I WANT TO MAKE SURE ONE OTHER THING.
THIS IS A QUESTION FOR YOU AND CLYDE.
EVEN IF WE WERE FIGURE OUT A WAY TO -- IT'S OKAY.
EVEN IF WE WERE TO FIGURE OUT A WAY FOR AN ALTERNATIVE SURFACE, THE ONLY SLIGHT CONCERN I HAVE IS IF THEY GET BUSIER AND BUSIER THAT THAT KIND OF EXPANDS OUT AND BECOMES PARKING.
THERE COULD BECOME A POINT WHERE THEY DO HAVE TO EXPAND, WHICH YOU DON'T HAVE A PROBLEM WITH THAT.
BUT CODE WOULD POSSIBLY CATCH THAT?
>> CODE WOULD CATCH THAT. AND THEY WOULD PROBABLY NEED AN
A PERMIT FOR EXPANSION. >> COMMISSIONER RODGERS: I WANTED TO MAKE SURE THERE WAS A CHECKS AND BALANCE THERE SO
OKAY. >> CHAIRMAN OSBORN: FURTHER
DISCUSSION? >> TO GET THAT LEVEL --
>> CHAIRMAN OSBORN: IF YOU WOULD, SIR, COME TO THE MIC SO
EVERYONE CAN HEAR YOU. >> THE QUESTION I WAS GOING TO SAY, THE SAME MR. RODGERS ASKED, IF THE PLANNING AND ZONING COMMISSION ONLY DOES CONCRETE, HOW DID THE VENUE GET A DIFFERENT PAVED DRIVE? I THINK WE ANSWERED THAT QUESTION. THANK YOU, MR. RODGERS.
>> COMMISSIONER RODGERS: SO LEGAL COUNSEL, KEVIN, I GUESS THAT -- DO WE ALMOST HAVE TO APPROVE WHAT STAFF WAS PRESENTED BECAUSE WE DON'T HAVE THE FLEXIBILITY TO MAKE THESE ADJUSTMENTS THAT COUNCIL WOULD MAKE?
>> I BELIEVE YOU HAVE THE FLEXIBILITY.
>> YOU HAVE THE RECOMMENDATIONS. >> YOU COULD MAKE A RECOMMENDATION. YOU CAN MAKE A RECOMMENDATION TO COUNCIL GRANT A WAIVER TO THE CONCRETE REQUIREMENT.
>> COMMISSIONER RODGERS: BUT WE NEED SOMETHING --
>> YOU DON'T KNOW WHAT THAT -- >> COMMISSIONER RODGERS:
QUALITY TO BACK THAT UP. >> WE DON'T KNOW WHAT THAT IS.
>> MR. HILL MADE THAT RECOMMENDATION AND IT FAILED.
YOU CAN MAKE THE RECOMMENDATIONS BUT FIGURE OUT WHAT --
>> HE MADE A RECOMMENDATION -- >> YOU COULDN'T GET FOUR VOTES
OUTS OF IT. >> HE MADE RECOMMENDATION OF PATIO CONNECTED TO CONCRETE. I CAN'T SPEAK FOR THE OTHERS BUT I'M LOOKING FOR A WAY TO HAVE A SUB-SURFACE THERE THAT IS NOT CONCRETE THAT WILL SUFFICE FOR PASSAGE.
>> IF YOU GET FOUR VOTES, THAT IS -- Y'ALL JUST HAVE TO FIGURE OUT WHAT GETS YOU TO THOSE FOUR. THEN IT GOES TO COUNCIL AND THEY
DO WHAT THEY WANT. >> THEY COULD TURN IT DOWN AND
>> COMMISSIONER: I WOULD LIKE TO MAKE A MOTION TO APPROVE AS STAFF HAS PRESENTED MINUS THE CONCRETE REQUIREMENT FOR THE DRIVE, AS LONG AS AN APPROVED ALTERNATE WILL BE PROVIDED.
>> WITH STAFF'S DIRECTION. >> COMMISSIONER: WITH STAFF'S
DIRECTION. >> I'D SECOND THAT.
>> CHAIRMAN OSBORN: WE HAVE A MOTION AND A SECOND.
ANY FURTHER DISCUSSION? OKAY. IF NOT, ROLL CALL.
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER RODGERS? >> COMMISSIONER RODGERS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER STEPHENS?
[00:40:03]
>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE. IT'S UNANIMOUS.
WE WILL MOVE NOW TO ITEM 012, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON AN ORDINANCE BY AMENDING AND RESTATING IN THEIR ENTIRETY THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 36 (PD-36) AS ADOPTED BY ORDINANCE NO. 2019-05, --
[011 Conduct a public hearing and consider and act upon an ordinance changing the zoning of 0.2638+/- acres situated in the James M. Paine Survey, Abstract No. 883 (commonly known as 1509 & 1511 North 9th Street) from Single Family-Four (SF-4) District to Urban Village Planned Development District No. 144 (UVPD-144) for medium density/duplex residential uses (Case No. Z21-2021-082).]
>> TRENTON: SIR. YOU SKIPPED ITEM 11.
>> CHAIRMAN OSBORN: SORRY. ITEM 011, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE CHANGING THE ZONING OF 0.2638 +/- ACRES SITUATED IN THE JAMES M. PAINE SURVEY, ABSTRACT NO. 883 (COMMONLY KNOWN AS 1509 & 1511 NORTH 9TH STREET) FROM SINGLE FAMILY-FOUR (SF-4) DISTRICT TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NO. 144 (UVPD-144) FOR MEDIUM DENSITY/DUPLEX RESIDENTIAL USES.
>> MARCOS: THANK YOU, CHAIRMAN.
THE PROPERTY IS CURRENTLY LOCATED ON 9TH STREET, NEAR INTERSECTION OF HENDERSON STREET.
THE APPLICANT DOES WANT TO REZONE THE PROPERTY FROM THE SINGLE FAMILY 4 DISTRICT TO A PLANNED DEVELOPMENT FOR THE MEDIUM DENSITY AND DUPLEX USES. THE PROPERTY CURRENTLY CONTAINS A LEGAL NONCONFORMING STRUCTURE AND IT WAS CONSTRUCTED IN 1962.
THE STRUCTURE IS SET UP FOR TWO RESIDENTIAL UNITS.
THE CITY WAS ABLE TO CONFIRM THAT THE ADDRESS HAS BEEN VACANT SINCE 2002. EACH UNIT WILL HAVE THE TWO BEDROOMS. ONE BATH AND A SINGLE CAR GARAGE. THE APPLICANT DOES PLAN TO UPDATE THE EXTERIOR AND THE INTERIOR OF THE STRUCTURE.
THE PROPERTY IS LOCATED IN THE URBAN LOW DENSITY MODULE, CHARACTERIZED BY THE SMALL LOTS AS WELL AS THE DUPLEXES AND IT STATES THAT THE MODULE WOULD CORRESPONDENT WITH THE P.D. ZONE DISTRICT AND THE REQUEST IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. THE APPLICANT STATED THEY WILL ADHERE TO THE CITY STANDARDSEN IF INSTALLING A NEW CONCRETE APPROACH AS WELL. YOU CAN SEE ON THE SLIDE, THE CURRENT APPROACH IS NON-EXISTENT.
THE 11,500 SQUARE FOOT PROPERTY DOES CONTAIN AN EXISTING ON-SITE SEPTIC SYSTEM. BASED ON CITY CODE ANY PARCEL, LOT, TRACT IMPACTED BY NEW DEVELOPMENT, REDEVELOPMENT OR FAILURE OF THE EXISTING ON-SITE SEWAGE FACILITY SHALL BE REQUIRED TO CONNECT TO THE CITY SEWER SYSTEM IF THE PROPERTY IS WITHIN 300 FEET OF THE EXISTING SEWER LINE.
YOU CAN SEE ON THE SCREEN THERE ARE APPROXIMATELY 118 FEET FROM THE TWO EXISTING SEWER LINES. REQUEST FOR SEPTIC WAIVER SET FOR CITY COUNCIL APRIL 13. WE SENT OUT 20 NOTIFICATION LETTERS AND TO DATE STAFF HAS NOT RECEIVED ANY CORRESPONDENCE REGARDING THIS REQUEST. GIVEN THAT IT'S CONSISTENT WITH THE COMPREHENSIVE PLAN, THEY RECOMMEND APPROVAL WITH THE CONDITION THAT THE SUBJECT PROPERTY CONNECTS TO THE SEWER SYSTEM AND I'LL STAND FOR QUESTIONS.
>> CHAIRMAN OSBORN: COMMITTEES OF STAFF? ANYONE HERE WISHES TO SPEAK ON THIS MATTER? MOTION TO CLOSE THE PUBLIC HEARING.
>> COMMISSIONER: MOVE TO CLOSE.
>> COMMISSIONER: SECOND. >> CHAIRMAN OSBORN: MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
ANYBODY OPPOSED? FLOOR IS NOW OPEN FOR DISCUSSION AND/OR ACTION.
>> COMMISSIONER: MOVE TO APPROVE WITH THE STAFF
RECOMMENDATIONS. >> COMMISSIONER: SECOND.
>> CHAIRMAN OSBORN: MOTION AND SECOND TO APPROVE WITH THE STAFF RECOMMENDATIONS. WE'LL DO ROLL CALL.
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER SKINNER?
>> CCOMMISSIONER SKINNER: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER RODGERS? >> COMMISSIONER RODGERS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER STEPHENS?
>> COMMISSIONER STEPHENS: AYE. >> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE. IT'S UNANIMOUS.
ITEM 012, CONDUCT A PUBLIC HEARING TO CONSIDER AND ACT UPON
[012 Conduct a public hearing to consider and act upon an ordinance by amending and restating in their entirety the development and use regulations of Planned Development District No. 36 (PD-36) as adopted by Ordinance No. 2019-05, inclusive of all exhibits relating to the use and development of 7.717± acres on Lots 1-3 and Lots 4R-5R, Block A, Green Hollow Phase 1, to allow for a restaurant. The property is located directly to the east of 14th Street, between East Main Street (Business 287) and Highlander Road (Case No. Z22-2021-089).]
AN ORDINANCE BY AMENDING AND RESTATING IN THEIR ENTIRETY THE DEVELOPMENT AND USE REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 36 (PD-36) AS ADOPTED BY ORDINANCE NO. 2019-05, INCLUSIVE OF ALL EXHIBITS RELATING TO THE USE AND DEVELOPMENT OF 7.717 +/- ACRES ON LOTS 1-3 AND LOTS 4R-5R, BLOCK A, GREEN HOLLOW PHASE 1, TO ALLOW FOR A RESTAURANT.THE PROPERTY IS LOCATED DIRECTLY TO THE EAST OF 14TH STREET, BETWEEN EAST MAIN STREET (BUSINESS 287) AND HIGHLANDER
THE REQUEST IN FRONT OF YOU TODAY IS TO ALLOW FOR A P.D.
AMENDMENT TO PERMIT A RESTAURANT ON SITE.
THIS PROPERTY WAS ORIGINALLY REZONED IN 2006 TO PD36.
[00:45:03]
THEN IN 2010 AND 2019, THERE IS TWO AMENDMENTS THAT WERE DONE.BACK IN 2019 WHEN THE MOST RECENT AMENDMENT WAS DONE, IT INCLUDED -- IT INCORPORATED TRACT "B," PORTION OF TRACT "A" AND ALL OF TRACT "C" THIS YOU SEE IN FRONT OF YOU NOW.
PART OF THE ORIGINAL IMPROVEMENT IN 2019, PART OF THE APPROVAL IT DID APPROVE EXISTING USES TODAY INCLUDING AN EXISTING STAGE FOR OUTDOOR EVENTS. PROPOSED REQUEST WILL INCLUDE THE RESTAURANT, WHICH IS LOCATED IN THIS PRIMARY AREA.
IN ADDITION TO THAT, THEY ARE ASKING THAT THE STYLE OF THE BUILDING WHICH ONCE AGAIN WE CANNOT REGULATE THE BUILDING MATERIALS IN ACCORDANCE WITH HB-2349.
BUT THE STYLE WILL MATCH THE OTHER BUILDINGS ON THE SITE.
ON TRACT "B," THESE ARE THE BUILDINGS THAT WERE APPROVED AS PART OF THE 2019 ADDITION CONSTRUCTED THAT CONSIST OF THE PROFESSIONAL OFFICES. WITH THE RESTAURANT, THERE IS 55 PARKING SPACES TWO OF THOSE THAT ARE A.D.A.
THEY MEET ALL THE LANDSCAPING REQUIREMENTS WITH THE PARKING ISLAND, AS THE ORDINANCE STATES RIGHT NOW WITHIN THE LANDSCAPE REGULATIONS. LANDSCAPE YOU SEE ALONG HIGHLANDER AVENUE RIGHT HERE IS EXISTING ALL ALONG HIGHLANDER.
UPON THE FIRST PORTION OF PHASE ON TRACT "B" WHEN THIS WAS ORIGINALLY DEVELOPED, WE WERE REQUIRED -- WE REQUIRED THE TREES AND THE BUSHES, ALL ALONG HIGHLANDER AVENUE AT THAT TIME.
ALSO ON THIS PROPERTY IN ADDITION TO THE RESTAURANT THEY ARE ASKING FOR CONNEX SHIPPING CONTAINER ON SITE TO BE DESIGNED ON THE SCREEN IN FRONT OF YOU. ORDINANCE DICTATES ON A PERMANENT SURFACE AND TIGHTENED TOWN TO MEET BUILDING CODE REQUIREMENT -- TIGHTENED DOWN TO MEET BUILDING REQUIREMENT TO REQUIRE ARCHITECTURAL ELEMENT TO ENHANCE THE CONNECT BOX.
IT'S DONE IN THE CENTRAL BUSINESS DISTRICT.
PROPOSED WILL MEET ALL THE HEALTH REQUIREMENTS AND THE FOOD REGULATION REQUIREMENTS. WITHIN THE SITE, THEY PLAN ON HAVING A FOOD, A MOBILE FOOD TRUCK COURT.
WHICH WILL PERMIT FOUR MOBILE FOOD TRUCKS.
NOT TO EXCEED -- APOLOGIZE. NOT TO EXCEED 36 HOURS DUE TO THE EVENT LOCATED ON THE SITE. THIS IS PROPOSED PAVILION THAT THEY REQUEST TO CONSTRUCT. THIS WAS PLANNED IN THE 2019 ADOPTION OF THE ORDINANCE. SO THIS HAS ALREADY BEEN APPROVED. THIS IS JUST INCLUDING IN THE ORDINANCE BECAUSE IT'S NOT YET CONSTRUCTED.
STAFF DID MAIL OUT NOTICES TO THE PROPERTY OWNERS IN 200 FEET.
ZERO CAME BACK IN OPPOSITION. PRIOR TO THE MEETING STARTING WE DID RECEIVE A VARIETY OF NOTICES IN FAVOR.
WE STILL HAVE YET TO GO THROUGH THE PROCESS DUE TO WHEN WE RECEIVED THEM TO CONFIRM IF ANY OF THEM ARE WITHIN 200 FEET OR NOT. STAFF -- THIS REQUIRES A PUBLIC HEARING AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
>> CHAIRMAN OSBORN: DID I UNDERSTAND YOU CORRECTLY THE
STAGE IS ALREADY BEEN APPROVED? >> TRENTON: CORRECT.
>> CHAIRMAN OSBORN: A COUPLE OF YEARS AGO?
>> TRENTON: IN 2019, IT WAS APPROVED.
PRIOR TO 2019, THE STAGE WAS IN EXISTENCE AND WAS BEING USED.
>> CHAIRMAN OSBORN: OKAY. OTHER QUESTIONS OF STAFF? QUESTION? MIKE, DID YOU HAVE A QUESTION? I SAID 36 HOURS BUT IT'S 48 HOURS FOR THE MOBILE FOOD TRUCKS TO STAY THERE DUE TO EVENTS. IF THEY HAVE A WEEKEND EVENT THAT GOES FRIDAY AND SATURDAY THEY WANT TO HAVE THE MOBILE FOOD TRUCKS THERE FOR AT LEAST 48 HOURS BEFORE SHIPPING THEM OFF AND COME BACK THE NEXT MORNING FOR THE EVENT.
>> COMMISSIONER RODGERS: SO MANY TIMES A MONTH?
>> TRENTON: NO. WHERE THESE CONTAINER, WHERE THE MOBILE FOOD TRUCKS WILL BE LOCATED ON THE SITE ARE ACTUALLY GOING TO BE TUCKED AWAY BEHIND THE RESTAURANT, IN THIS AREA.
>> COMMISSIONER RODGERS: OKAY. >> TRENTON: NEXT TO THE -- THERE IS A PLAYGROUND, CHILDREN'S PLAYGROUND.
>> COMMISSIONER RODGERS: IT'S CONCEALED.
>> TRENTON: CORRECT. >> CHAIRMAN OSBORN: WHERE IS
THE RESTAURANT? >> TRENTON: RESTAURANT RIGHT THERE. HERE IS BE THE CONNEX BOX.
>> CHAIRMAN OSBORN: WHAT IS DIRECTLY ACROSS THE STREET FROM
THE DRIVE? >> TRENTON: ASSISTED SENIOR LIVING FACILITY. DIRECTLY SOUTH OF GEORGE HOPPER.
WE DO HAVE RESIDENTS HERE. >> CHAIRMAN OSBORN: RIGHT.
>> TRENTON: THAT WOULD LIKE TO SPEAK.
>> CHAIRMAN OSBORN: ANYBODY ELSE HAVE QUESTIONS OF STAFF?
[00:50:02]
I DON'T MIND ALLOWING THEM TO SPEAK FIRST AND I CAN ANSWER ANY
QUESTIONS. >> CHAIRMAN OSBORN: OKAY.
FIRST SPEAKER I HAVE IS MELODY LUECKE.
MA'AM, IF YOU WOULD STATE YOUR NAME AND ADDRESS, PLEASE.
>> MELODY LUTKE. 610 SOUTH 49 STREET.
APARTMENT 3019. THAT IS INDEPENDENT LIVING PORTION OF THAT FACILITY. AND MY CONCERN IS MY BEDROOM WINDOW IS ACROSS THE STREET FROM WHAT THEY ARE BUILDING.
MY BEDROOM WINDOW, MY LIVING ROOM.
I'M CONCERNED ABOUT THE NOISE FACTOR.
ARE WE STILL GOING TO HAVE LIKE A TIME LIMIT FOR ALL THAT NOISE? IF THEY HAVE A WEEKEND OF ON STAGE OUTDOOR ACTIVITIES.
I'M ALSO CONCERNED ABOUT THE CONGESTION.
THAT PARKING RIGHT NOW, I'M LOOKING OUT WHEN I SIT ON MY BALCONY, I'M LOOKING AT BEAUTIFUL TREES.
PLANTS. NOW I'M GOING TO BE LOOKING AT A PARKING LOT. THAT IS GOING TO BE SAD.
MY CONCERN IS THE NOISE FACTOR, HOW LONG WILL THE NOISE GO? ARE WE GOING TO HAVE PROBLEMS WITH PEOPLE DRUNK, PEOPLE COMING OUT? THERE IS A LOT TO BE CONSIDERED.
AND I DIDN'T KNOW ABOUT THIS. I WAS NEVER INFORMED ABOUT THIS.
I FOUND OUT BY ACCIDENT. SO THAT'S IT.
>> CHAIRMAN OSBORN: OKAY. THANK YOU, MA'AM.
>> COMMISSIONER: THANK YOU. >> CHAIRMAN OSBORN: NEXT
SPEAKER IS MARGARET GARMAN. >> SO I KNOW WE WEREN'T NOTIFIED. WE ARE NOT THE OWNERS.
WE UNDERSTAND THAT. WE FOUND OUT BECAUSE Y'ALL POSTED THE SIGN. I'M MARGARET GARMAN, I LIVE AT 610 SOUTH 14TH STREET IN LEGACY OAKS.
I HAVE BEEN THERE SINCE IT OPENED.
AND WHEN IT OPENED, THAT DEVELOPMENT WAS UNKNOWN TO US.
RIGHT? SO IT IS GOING TO BE A TAPHOUSE TO BE BUILT ACROSS THE STREET FROM LEGACY OAKS SENIOR LIVING.
THERE ARE 108 APARTMENTS ON THE INDEPENDENCE SIDE.
NOT COUNTING THE OTHER SERVICES PROVIDED FOR US.
25 OF THOSE FACE IN THE DIRECTION OF HIGHLANDER.
OR ARE DIRECTLY AT THIS VENUE. THE MAJORITY OF THE RESIDENCE HAVE FAMILY, CHILDREN, GRANDCHILDREN IN THIS AREA.
THEY ENCOURAGED US TO MOVE IN, THAT THEY WANT US THERE.
SO, MANY OF US WERE ENCOURAGED, WE MOVED THINKING IT WAS QUIET, PEACEFUL, RURAL, LIKE Y'ALL ADVERTISED THE CITY TO BE.
LOVELY TO LOOK AT. PERSONALLY I DON'T THINK PARKING LOT IS LOVELY TO LOOK AT. NEW LONG-TIME AND LONG-TIME RESIDENTS ALIKE PROBABLY WOULD AGREE THAT THEY TREASURE THE PEACE AND TRANQUILLITY OF THE CITY OF MIDLOTHIAN.
YOU SELL THE CITY THAT IT IS PEACEFUL AND TRANQUIL.
I SEE IT ON THE CALENDARS AND IN THE ADVERTISING.
PLACEMENT OF THE BUSINESSES DO AND CAN AT TIMES THREATEN THAT PEACEFUL EXTERIOR OF OUR CITY. THEY DO.
THAT IS WHY WE HAVE A PLANNING AND ZONING COMMITTEE TO HELP US WITH THIS. IN THE GROWTH OF THE CITY -- I WORKED, NOT THE MOST RECENT CENSUS BUT THE RECENT BEFORE, I WORKED IT. SO NOW WE HAVE 10,000 MORE PEOPLE, RIGHT? I KNOW YOU ARE TRYING TO ACCESS SERVICES FOR ALL THESE NEW PEOPLE THAT THINK THEY WANT TO BE HERE. THE ADDITION OF A BAR OR A TAPROOM OR A RESTAURANT, ENTERTAINMENT ATTACHED TO THE UNION TAP HOUSE BRINGS WITH IT TRAFFIC, LITTER AND NOISE.
THE NEW BUSINESS WILL DISTURB THE CHERISHED TRANQUILITY, I LIKE THAT WORD, THE TRANQUIL LIFESTYLE OF THE NEARBY SENIOR RETIREMENT COMMUNITY. WE ARE RETIRED.
MANY OF US ARE TEXAS RESIDENTS. WE ARE HERE FOLLOWING OUR GRANDCHILDREN. THOSE OF US WHO LIVE ON THE NORTHSIDE OF OUR BUILDING WILL FACE THE PARKING LOT; THEREFORE, FORCING TO US LISTEN TO THE NOISE OF THE CARS, THE DELIVERY TRUCKS, YOUR -- WHAT DO YOU CALL THEM?
[00:55:03]
THE LITTLE TRUCKS THAT YOU ARE ASKING ABOUT THAT ARE GOING TOSELL -- >> COMMISSIONER: CATERING TRUCKS? IA.
ALL OF THAT COMING AND GOING. THEY ALL HAVE, THEY HAVE SERVICE TO BE THERE. THERE WILL BE INCREASED NEED FOR CITY SERVICES WHICH IS A RISE IN THE TAXES TO PAY FOR THE POLICE, THE FIRE, THE GARBAGE THAT WE NEED TO PROVIDE FOR A NEW VENUE.
IT WILL BECOME A NUANCE. IT WILL BECOME A NUANCE.
Y'ALL WILL HAVE TO CONTINUE TO TAKE CARE OF THAT.
TODAY'S HEARING WILL OR HAS HEARD THAT MORE PARK IS BEING REQUESTED. IS THAT CORRECT? THEY ARE ASKING FOR MORE PARKING TODAY?
>> ARE THEY ASKING FOR MORE PARKING THAN WHAT WAS IN THE
ORIGINAL REQUEST? >> TRENTON: CORRECT.
TO MEET THE RESTAURANT REQUIREMENTS THEY HAVE TO HAVE
PARKING. >> SO ADDITIONAL PARKING.
THEY ARE EXPECTING TO BE -- WELL, PEOPLE ARE GOING TO GO THERE. I WOULD LIKE TO SEE A TAPHOUSE.
I THINK YOUR LOCATION CHOICE IS AWFUL.
I JUST THINK THERE ARE OTHER PLACES FOR THIS KIND OF AN ENTERTAINMENT FACILITY. IT'S AN ENTERTAINMENT FACILITY.
THEY HAVE A STAGE. SO, IS MIDLOTHIAN GOING TO HAVE AN ENTERTAINMENT DISTRICT? IS THIS GOING TO BE THE BEGINNING OF IT? DO WE ALREADY HAVE THAT? I DON'T KNOW. IS THAT WHAT WE ARE HEADING FOR? WHICH IS OKAY BUT LET'S BE THINKING ABOUT THAT.
YOU ARE JUST MENTIONING TEN OR 20 YEARS DOWN THE ROAD YOU ARE LOOKING DOWN THE ROAD. SO, IS THIS THE BEGINNING OF THAT? DOES THIS -- I WONDER DOES IT ACCESS MAIN STREET? THE ENTRANCE IS OFF OF HIGHLANDER WHERE THE PARKING LOT IS.
IS THERE ANOTHER ENTRANCE OFF OF MAIN?
OR IS THIS THE ONLY ENTRANCE? >> TRENTON: THE ENTRANCE FROM MAIN WOULD BE, THEY WOULD HAVE TO WALK THROUGH EARTH PALMS TO GET TO THE FACILITY. THERE WILL BE A SECONDARY ENTRANCE OFF OF 14TH STREET, THROUGH THE SHARED COMMON, THROUGHED THE SHARED AGREEMENT WITH THE -- THROUGH THE SHARED AGREEMENT WITH THE BUSINESSES TO THE WEST.
>> WHICH IS CLOSE TO THE MAIN ENTRANCE THERE ON HIGHLANDER.
THEY ARE NOT FAR APART. SO, WE WOULD STILL BE, IT WOULD STILL BE PROBLEMATIC. THAT 14TH STREET HAS BECOME QUITE HEAVILY TRAVELED WITH THE SCHOOL, THE EXPANSION OF THE SCHOOL THERE AT FRANK SEAL MIDDLE SCHOOL.
YOU HAVE THE HIGH SCHOOL RIGHT THERE.
WE GET A LOT OF AFTERNOON TRAFFIC.
FROM LOOKING AT THE KIND OF THE VENUE THIS IS, THERE WILL BE AFTERNOON -- THE RESTAURANT WILL BE AN AFTERNOON THING.
IT WILL OPEN IN THE AFTERNOON AND BE OPEN.
AM I RIGHT? IS THAT RIGHT? RESTAURANT IS AN EVERYDAY RESTAURANT.
EVERY EVENING. >> TRENTON: THE CURRENT P.D.
THERE IS NO REGULATIONS FOR THE OPERATION OF HOURS.
THAT WOULD BE LEFT UP TO THE APPLICATION TO OPEN AND CLOSE.
THE APPLICANT ASK ADD TO THAT. >> IT WOULD ADD TO THE TRAFFIC ALREADY HEAVY ON THAT STREET. I JUST THINK -- I'M FOR IT.
I'M NOT AGAINST HAVING A TAP ROOM.
I'M JUST SAYING I THINK YOUR LOCATION IS NOT CORRECT.
THAT IS WHERE I'M AT. YOU WOULD SAY WELCOME TO A TAPROOM BUT SOMEWHERE ELSE. NOT IN MY BACKYARD.
IT'S NOT REALLY MY BACKYARD. IT'S Y'ALL'S BACKYARD.
IS IT THE BEGINNING OF THE ENTERTAINMENT DISTRICT?
I DON'T KNOW. >> COMMISSIONER RODGERS: MA'AM, I WOULD ONLY MENTION SO YOU WILL KNOW THE CITY HAS WORKED VERY HARD ON A DOWNTOWN PLANNING, WHICH IN MY VIEW -- YOU CAN'T SPEAK FOR EXACTLY WHAT WILL HAPPEN BUT FEEL STRONGLY THAT WE ARE HEADED TO BEING SOMEWHAT OF A ENTERTAINMENT HUB IN THE DOWNTOWN, MAINLY TO KEEP THE DOWNTOWN ALIVE.
>> IS THIS A DOWNTOWN AREA? >> COMMISSIONER RODGERS: IT IS. IT'S PART OF WHAT YOU CONSIDER A
HUB. >> IS IT CONSIDERED DOWNTOWN? DO THE DOWNTOWN PARADES GO THAT WAY?
>> COMMISSIONER RODGERS: THE PARADES GO IN FRONT OF FRANK
SILL. >> THEY DO BUT THEN THEY GO
TO -- >> COMMISSIONER RODGERS: THEY
GO TO 14TH STREET ALSO. >> GO TO THE FOOTBALL.
>> COMMISSIONER RODGERS: I WOULD STATE THAT YES, IF I HAD MY WAY, MIDLOTHIAN DOWNTOWN WOULD BECOME LIKE A MINIATURE FORT WORTH DOWNTOWN ENTERTAINMENT HUB.
SO WE CAN KEEP THIS DOWNTOWN ALIVE.
>> I'M NOT HAVING A PROBLEM WITH THAT.
I JUST THINK THAT LOCATION DOES NOT APPEAR TO BE PART OF DOWNTOWN. BECAUSE FROM THERE, THEN YOU ALSO HAVE WHAT? A CHILDREN'S FOOTBALL PRACTICE FIELD. THAT IS NOT DOWNTOWN.
IT'S ONLY USED FOR FOOTBALL. LITTLE PEOPLE FOOTBALL.
[01:00:05]
NOT BIG FOOTBALL. SO, I WOULD SAY I THINK Y'ALL NEED TO GIVE SOME ADDITIONAL THOUGHT SPECIFICALLY TO THE LOCATION OF IT. TO MOVE IT IN TO DOWNTOWN.WHERE WE DO HAVE WONDERFUL ACTIVITIES.
THAT'S MY -- SO I'M FOR IT BUT NOT FOR IT.
>> CHAIRMAN OSBORN: THANK YOU. >> THANK YOU SO MUCH.
>> CHAIRMAN OSBORN: APPRECIATE IT.
ANYONE ELSE OTHER THAN THE APPLICANT WHO WISHES TO SPEAK? OKAY. WE DO HAVE ONLY WRITTEN SUBMISSIONS OF [INAUDIBLE] DEREK IS IN FAVOR. MARY HIGHLANDER AVENUE IN FAVOR.
[INAUDIBLE] ARTHUR TYLER, 640 HIGHLANDER IN FAVOR. LANGSTON 641 HIGHLANDER MICHAEL HILL HIGHLANDER AVENUE IN FAVOR.
>> CHAIRMAN OSBORN: ALL RIGHT.
KIRBY NICHOLS? CODY, KIRBY? 420 GEORGE HOPPER ROAD IN FAVOR. NICHOLSON, 422 GEORGE HOPPER ROAD IN FAVOR. KATHY MICHAELS, 410 GEORGE HOPPER ROAD, IN FAVOR. REISNER 313 COLE AVENUE IN FAVOR. SPENCER 317, IN FAVOR.
CHRIS TATE 322 GEORGE HOPPER IN FAVOR.
SUSAN SERES 306 GEORGE HOPPER ROAD IN FAVOR.
[INAUDIBLE] 306 GEORGE HOPPER IN FAVOR.
AND KIM WEINES, I DON'T HAVE AN ADDRESS.
IN FAVOR. LAST ONE DEVREAU IN FAVOR.
THESE ARE THE WRITTEN ONES. OKAY, APPLICANT, YOU WISH TO
>> JUSTIN KRONGER 3441 PLAIN VIEW ROAD IN MIDLOTHIAN.
I HAVE OW OW OWNED THE NURSESY PROPERTY THERE FOR -- NURSERY PROPERTY THERE FOR 15 YEARS. I HAVE BEEN DOING DEVELOPMENT AND YOU HAVE SEEN THE OTHER BUILDINGS SO FAR.
THEY HAVE BEEN A PRETTY BIG HIT, THE STYLE, THE WAY WE BULT THEM.
THEY HAVE BEEN SUCCESSFUL. THEY HOST A NUMBER OF LOCAL BUSINESSES. SO, I'M HAPPY TO TELL YOU A LITTLE BIT ABOUT THE PROJECT. I MADE SEVERAL NOTES AS I WAS LISTENING TO THE PREVIOUS SPEAKERS.
I'M GOING TO GO THROUGH A COUPLE REAL QUICK AND HOPEFULLY ADDRESS SOME OF THE CONCERNS AS THEY PRESENTED THEM.
SO, FIRST OF ALL, I WANT YOU GUYS TO KNOW WE DO RESPECT Y'ALL'S OPINION. Y'ALL ARE THE NEIGHBORS OVER THERE AND IT'S OUR RESPONSIBILITY TO BE GOOD NEIGHBORS WITH ALL OF TO OUR BUSINESSES IN MIDLOTHIAN.
WE TRIED TO SET UP A Q&A WITH THE RESIDENTS THERE.
I JUST FOUND OUT TODAY WHEN NO ONE SHOWED UP, THEY FORGOT TO POST THE FLIE FLYER FOR IT. WE'LL SET IT UP NEXT WEEK.
WE'LL COORDINATE WITH THE MANAGEMENT THERE.
YOU ARE PART OF OUR TARGET CLIENTS BEING CLOSE.
WE WANT TO CREATE AN ATMOSPHERE AND A PLACE THAT IS FUN FOR THE FAMILIES. WE HAVE A NICE EVENT CENTER, EVENT AREA. I DON'T KNOW IF Y'ALL HAVE BEEN BACK THERE YET. IT'S VERY NICE.
WE HAVE A TON OF OUTDOOR SEATINGS BACK THERE.
WE HOST EVENTS. WE HAVE A STAGE THERE ALREADY.
WE WANT TO MAKE A FAMILY-FRIENDLY PLACE THAT FAMILIES CAN GO AND ENJOY GOOD FRESH MADE CHEF-PREPARED FOOD.
IT'S OWN AND OPERATED BY PEOPLE IN MIDLOTHIAN.
EVEN THE MANAGEMENT WE ARE LINING UP AND CHEF.
[01:05:02]
IT'S NOT A OUT OF TOWN CHAIN. I FEEL LIKE WE ARE DOING A LOT OF THINGS THAT I HEAR MIDLOTHIAN WANTS.AS WE DEVELOP THAT, OTHER POINTS TO GET BACK ON TRACK WITH WHAT THEY WERE SAYING FIRST, THE PARKING LOT.
THERE IS, OBVIOUSLY, EVERY BUSINESS HAS TO HAVE A PARKING LOT. WHATEVER I DEVELOP OVER THERE WILL HAVE TO HAVE PARKING. WE DID CONFORM TO THE LANDSCAPE STANDARDS. WE OBVIOUSLY OWN THE NURSERY THERE. I WILL MAKE THE LANDSCAPING LOOK GOOD. EVEN THE TREES PLANTED ARE LARGE TREES AND WAY BEYOND WHAT THE CITY REQUIRED.
AS IS THE REST OF THE LANDSCAPE PLAN.
AS FAR AS THE ONE MISCONCEPTION THAT, YOU KNOW, IT'S -- MAYBE THE WORD "TAPHOUSE" IS CONFUSING THAT IT'S A BAR AND LOUD AND NOISY AND FULL OF DRUNKS. WE'RE REGISTERED AS A RESTAURANT. WE TURN IT IN AS A RESTAURAN%-Ú. I JUST WANT TO STRESS THAT POINT THAT WE ARE A FAMILY-FRIENDLY RESTAURANT. WE HAVE OUTDOOR GAMES AND OUTDOOR SEATING AND WE HAVE AN AREA ON THE SITE PLAN LABELED, YOU KNOW, FOR CHILDREN PLAY AREA WE WANT TO SOMEWHAT LIGHTLY FENCE IN SO KIDS, YOUNGER KIDS CAN RUN AROUND.
AS FAR AS MY LOCATION, AT THE BACK IT'S UNIQUE IN THE FACT THAT IT DOES HAVE THE CLIFFS AND IT HAS THE LIVE CREEK.
IT CREATES AN ATMOSPHERE WE COULDN'T RECREATE.
IT'S ONE OF A KIND HERE IN MIDLOTHIAN.
I THINK THAT IS PART OF THE APPEAL TO THE PROPERTY.
BUT ALSO THE STAGE, I KNOW IT WAS BROUGHT UP.
WE HAVE BEEN HAVING LIVE EVENTS BACK THERE SINCE I OWNED THE PROPERTY. WE HAVE NEVER HAD ANY COMPLAINTS. WE HAVEN'T HAD AS MANY BECAUSE OF THE COVID. IN DECEMBER WE LIT IT UP WITH THE CHRISTMAS LIGHTS AND HAD LIVE MUSIC ALL EVENING.
IT HAS GOOD ACOUSTICS THAT HELP TO PROJECT THE SOUND AWAY FROM THE RESIDENCES. THERE IS NO AMOUNT OF MONEY TO RECREATE WHAT IS THERE. IT'S A WALL CLIFF TALLER THAN THE WALL BEHIND Y'ALL SO THE SOUND IS AMPLIFIED TOWARD MAIN STREET. IN ALL THE YEARS, WE DO RIGHT NOW BY RIGHT HAVE EVENTS LIKE THAT.
WE HAVEN'T EVER HAD ANY COMPLAINTS WITH THE NOISE.
I THINK THE WORD, MAYBE THE WORD "TAPHOUSE" MAKES IT CONFUSING AND MADE THEM FEEL MORE LIKE A BAR.
THE PRIMARY GOAL IS A FAMILY-FRIENDLY RESTAURANT.
I THINK THAT PART OF US TRYING TO APPEAL TO WHAT PEOPLE WANT RIGHT NOW. WE ARE A RESTAURANT AND WE HAVE BEER ON TAP. SO WE USE THE WORDING BUT IT SOUNDS BETTER THAN UNION 28 RESTAURANT.
WE THOUGHT IT WAS CATCHY TO CALL IT THAT.
Y'ALL ALREADY KNOW WE GOT LETTERS.
IF YOU LOOK AT THE LETTERS THEY ARE WITHIN 200 FEET, SURROUNDING BUSINESSES THERE. YOU WANT TO MAKE SURE I ADDRESSED A LOT OF THE COMMENTS YOU HEARD.
I THINK THAT IS IT FROM THE NOTES I TOOK FROMNARY COMMENTS AND I'M HERE TO ANSWER QUESTIONS -- FROM THE NOTES COMMENTS AND I'M HERE TO ANSWER QUESTIONS.
>> CHAIRMAN OSBORN: ARE YOU STILL HAVING THE NURSERY?
>> LONG-TERM, NO. WE WILL BE MOVING IT.
WE ARE ALREADY REALLY ABOVE CAPACITY.
WE HAVE OUTGROWN THAT PROPERTY. A COUPLE OF MONTHS AGO I GOT APPROVED. WE'LL BE MOVING TO THE LOCATION ON 287. WE WENT THROUGH AND COUNCIL AND WE DUD GET IT APPROVED. WE DON'T HAVE AD QUITE SPACE FOR PARKING. THE NURSERY WILL BE MOVING OFF THE PROPERTY. THIS DOES TAKE UP A LOT OF THAT BACK AREA THAT WE UTILIZE RIGHT NOW.
>> CHAIRMAN OSBORN: WHEN YOU MOVE THE NURSERY YOU ARE CLOSING OFF THE ACCESS ON 287 AS FAR AS PARKING? I KNOW HE SAID YOU COULD WALK FROM MAIN STREET BACK THERE?
IS THERE PARKING ON MAIN? >> AT THIS TIME I DON'T KNOW WHAT I WILL DEVELOP OVER THERE. THIS WILL REALLY BE THE ANCHOR I FEEL LIKE FOR ANYTHING THAT GOES IN, AND ALL OF ITS PARKING IS OFF OF THE -- THE WAY IT IS DESIGNED WHEN WE BUILT THE OTHER BUILDINGS WE BROUGHT IN A ROAD FROM HIGHLANDER AND THERE 14TH. I DON'T KNOW IF YOU CAN PULL UP THE SITE PLAN AGAIN. FOR FOCUS OF THIS, FOR ALL OF OUR PURPOSES, WE ARE TRYING TO MEET AND EXCEED PARKING REQUIREMENTS WITH THE PARKING LOT WE HAVE THERE.
WE ARE LIMITED ON WHAT WE CAN DO WITH THE FRONT BUILDING.
WE ARE TALKING TO PEOPLE WE THINK IS A GOOD FIT BUT WE VEED TO COME BACK TO GET THE PARKING AND ANYTHING ELSE APPROVED.
THERE ISN'T A PLAN TO SHOW YOU NOW.
>> FOR ALL PRACTICAL PURPOSES ENTRY AND EXIT WILL BE OFF OF
WE FEEL LIKE MEWS OF IT WILL TRAVEL THROUGH THAT ENTRY WAY.
YES, SIR. >> CHAIRMAN OSBORN: COMMISSIONERS, QUESTIONS OR COMMENTS?
>> COMMISSIONER RODGERS: ONE OF THE QUESTIONS BROUGHT UP IS THE HOURS OF OPERATION. DO YOU KNOW WHAT THOSE MIGHT BE?
[01:10:03]
>> WE HAVEN'T YET ESTABLISHED HOURS OF OPERATION ON THAT.
>> COMMISSIONER RODGERS: OKAY. >> WE WANT TO BE LIKE OTHER RESTAURANTS IN TOWN. BUT WE HAVEN'T ESTABLISHED THIS.
>> COMMISSIONER RODGERS: THIS WILL BE -- WELL, I WON'T SAY THAT. I WAS GOING TO SAY KIND OF LIKE A BEEF O'GRADY'S BUT UPSCALE. NOT THE RIGHT WORDING EITHER.
BUT YOU ARE A CHEF DRIVEN RESTAURANT WITH LINE ON TAP.
>> CHEF WITH FRESH FOOD AND MORE OUTDOOR SPEEDING.
LEAVE IT THERE. >> TRENTON: ONE QUESTION ASKED IS THE NOISE. WE HAVE A NOISE ORDINANCE THAT LIMITS THE AMOUNT OF NOISE AFTER 11:00 P.M.
IN ACCORDANCE WITH THE CITY ORDINANCE.
>> WE ARE FINE WITHIN WHATEVER THE ORDINANCES ARE.
YOU DIDN'T BRING THIS UP YET BUT SO YOU KNOW UNDER THE FOOD TRUCK DEAL, THE CITY HAS, THEY ACT LIKE IT'S A PROBLEM IF WE WERE TRYING TO DO PERMANENT. WE HAVE AN AREA THAT IS PROTECTED. YOU CAN'T REALLY SEE IT FROM ANYWHERE. OUR MAIN GOAL THERE, RIGHT NOW IS THE CRAWFISH SEASON. I KNOW A GUY THAT DOES CRAWFISH SO IF WE COULD DO EVENTS ON THE WEEKEND LIKE RIGHT NOW THIS TIME OF THE YEAR, YOU KNOW, WE ARE ADVERTISING AND FOR THE WEEKEND.
THERE IS CRAWFISH BOIL SET UP ALL WEEKEND TO INCORPORATE IN WITH THE RESTAURANT. THEN WE WERE ALSO CONSIDERING OWNING OURSELVES LIKE A KID-FRIENDLY -- WE SHOWED YOU THE PICTURE BUT THE OLD AIR STREAM.
SOMETHING LIKE THAT IS PART OF THE RESTAURANT THAT JUST SERVES DESSERTS THAT IS GEARED TOWARD THE KIDS.
THAT IS PART OF THE CONCEPT OF WHY WE ARE ASKING FOR IT.
OPPOSED TO THINGS THAT ARE PRESENTED IN THE PAST.
WE HAVE A SPOT YOU CAN'T SEE FROM ANY ROAD AND IT FITS THE OVERALL CONCEPT AND LETS THEM TUCK IT AWAY IN AN AREA THEY ARE
NOT VISIBLE FROM THE MAIN ROADS. >> COMMISSIONER RODGERS: DO THE FOOD TRUCKS HELP PROVIDE FOOD, KIND OF A FASTER FOOD FOR THE STAGE ATTENDEES OR WHAT? IN OTHER WORDS FOLKS WHO WOULD BE COMING IN TO WATCH WHATEVER YOUR STAGE SHOW MIGHT BE?
>> WE HOPE TO BE ABLE TO SUPPLY VERY EFFICIENTLY FROM OUR OWN, FROM THE RESTAURANT. AT THE END OF THE DAY FOOD TRUCKS COME IN TAKE AWAY FROM THE REVENUE WE PRODUCE OUT OF OUR KITCHEN. IT'S JUST MORE FOR THE SPECIAL EVENTS. REALLY FOR I THINK THAT THE -- ME PERSONALLY AND THE PARTNERS I'M BUILDING THIS FOR FEEL THAT USE CRAWFISH FOR EXAMPLE TO BRING MORE PEOPLE IN.
BUT WE FEEL LIKE WE CAN SERVICE THE WHOLE THING EVEN IF THEY ARE NOT THERE FROM OUR KITCHEN IF WE HAVE SOMETHING GOING ON.
>> COMMISSIONER: REAL QUICK FROM MY PERSPECTIVE LOOKING DOWN AT THIS, IN 2D AND KNOWING ALL THE DIFFERENT ELEVATIONS AFTER BEING ON THE PROPERTY. SO THE STAGE EXISTING DOWN LOW
>> UP AGAINST THE WALL. >> IT IS HARD -- BUT IT SAYS --
>> YEAH. >> THAT WALL IS PROBABLE, I DON'T EVEN KNOW. 15 FOOT TALL.
IN CORNER. >> COMMISSIONER: IS THE
RESTAURANT UP ON TOP OF CLIFF? >> IT IS.
THAT IS WHERE IT SLOPES DOWN. >> DRIVE LANE UP PAST THE PALM
>> YEAH. >> SO , -- NOT SEVERE OVER THERE. THAT IS THE PART THAT SLOPES DOWN. USING MY HAND IT TERRACES DOWN THIS FROM THAT END. NOT AS SEVERE.
THE STEEPEST, DEEPEST PART WHERE THE STAGE IS NOW.
IN THE CORNER, IN THE CURVE. AS YOU GO IN TOWARD THE BUILDING IT SLOWLY GOES DOWN AND LEVELS OUT.
JUST PAST THE BUILDING. WE ARE BUILDING TO THE 100-YEAR FLOODPLAIN AND IT TURNS TO THE NURSERY THERE.
>> COMMISSIONER: SO IT'S ALL WALKING TRAVEL DOWN AROUND PAST
>> FOOD TRUCKS AROUND TO THE STAGE.
>> FOOT TRAFFIC TO THE SEATING AREA.
CORRECT. SO THAT WHOLE AREA FROM WHERE IT SAYS CONTAINER BAR WHERE WE HAVE A FIRE TRUCK TO THE STAGE, THAT IS ALL PICNIC TABLES, OUTDOOR SEATING AND THE OUTGOOR GAMES LIKE BIG JE INFGA AND CORN HOLE AND ALL THAT -- JENGA AND CORN
HOLE AND ALL THAT STUFF. >> CHAIRMAN OSBORN: ANYONE ELSE? COMMISSIONERS? COMMISSIONER STEPHENS OR COMMISSIONER CAVES, EITHER ONE
HAVE QUESTIONS? >> COMMISSIONER STEPHENS: I
>> CHAIRMAN OSBORN: OKAY. THANK YOU.
>> SHE SAID SHE HAD QUESTIONS. >> CHAIRMAN OSBORN: NO, SHE
>> CHAIRMAN OSBORN: OKAY. IF THERE NO ONE ELSE, I
[01:15:01]
ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.>> MOTION TO CLOSE THE PUBLIC HEARING.
>> SECOND. >> CHAIRMAN OSBORN: MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING, ALL IN FAVOR, AYE.
IT'S UNANIMOUS. FLOOR IS OPEN FOR DISCUSSION
AND/OR ACTION. >> COMMISSIONER STEPHENS:
[INAUDIBLE] >> CHAIRMAN OSBORN: I'M SORRY, COMMISSIONER STEPHENS, DID YOU WISH TO SPEAK?
>> MOTION TO APPROVE. >> COMMISSIONER STEPHENS: I
MAKE A MOTION WE APPROVE. >> CHAIRMAN OSBORN: SORRY.
I DIDN'T HEAR YOU. WE HAVE A MOTION TO APPROVE.
IS THERE A SECOND? >> COMMISSIONER: I'LL SECOND
IT. >> CHAIRMAN OSBORN: WE HAVE A MOTION AND A SECOND. ANY FURTHER DISCUSSION? QUESTIONS BEFORE WE VOTE? OKAY. IF NOT, ROLL CALL.
COMMISSIONER KOEHLER? >> VICE-CHAIRMAN KOEHLER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER HILL?
>> COMMISSIONER HILL: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER CAVES? >> COMMISSIONER CAVES:
AUDIBLE RESPONSE] >> CHAIRMAN OSBORN: COMMISSIONER CAVES, ARE YOU WITH US?
>> COMMISSIONER CAVES: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER SKINNER? >> CCOMMISSIONER SKINNER: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER RODGERS?
>> COMMISSIONER RODGERS: AYE. >> CHAIRMAN OSBORN:
COMMISSIONER STEPHENS? >> COMMISSIONER STEPHENS: AYE.
>> CHAIRMAN OSBORN: COMMISSIONER OSBORN, AYE.
WE'LL MOVE NOW TO THE MISCELLANEOUS DISCUSSION.
[MISCELLANEOUS DISCUSSION]
>> TRENTON: APRIL 15, WE HAVE A SPECIAL TRAINING.
LAST YEAR IF YOU WERE HERE ON THE P&Z OR COMMISSION, DAVE GADDIS A PROFESSOR AT UTA CAME TO PRESENT AND THAT IS AT 6:00 P.M. ON A THURSDAY. WE'LL SEND OUT ADDITIONAL INFORMATION FOR THAT. THAT IS IT.
>> CHAIRMAN OSBORN: OKAY. ANYBODY ELSE HAVE ANYTHING? COMMISSIONER STEPHENS, COMMISSIONER CAVES, EITHER ONE OF YOU HAVE ANYTHING BEFORE WE CLOSE? I'D ENTERTAIN A MOTION TO ADJOURN.
>> COMMISSIONER: SECOND. >> I'LL MAKE A MOTION.
WE HAVE A SECOND. ALL IN FAVOR,
* This transcript was compiled from uncorrected Closed Captioning.