[Call to Order and Determination of Quorum.]
[00:00:10]
CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER. AND DECLARE THAT WE DO HAVE A QUORUM. THE FIRST ITEM ON THE AGENDA, CITIZENS TO BE HEARD, THE COMMISSION INVITES MEMBERS OF THE PUBLIC TO ADDRESS THE COMMISSION ON ANY TOPIC NOT SCHEDULED FOR CONSIDERATION FOR ACTION ON THIS AGENDA AND PRESENT IT TO CITY STAFF PRIOR TO THE MEETING. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE COMMISSION CANNOT ACT ON ITEMS NOT LISTED ON THE
[002 Staff review of the cases that were heard by City Council in the last sixty (60) days.]
AGENDA. I DO NOT BELIEVE WE HAVE ANYONE LISTED TO SPEAK IN GENERAL. WITH THAT WE WILL MOVE FORWARD WITH STAFF REVIEW.IT IS BRIEF. ON MARCH 12TH, AT THE CITY COUNCIL MEETING, THE , WELL, THAT IS POWERFUL. THE MANUFACTURING SIGNAGE WAS APPROVED AT 5-0, PER RECOMMENDATION. Z 2- 2024-06.
THE ABBOTT ONE. THAT WAS CONTINUED TO THE MARCH 26TH CITY COUNCIL MEETING AT REQUEST OF THE APPLICANT. Z-33-125, REQUEST FOR COMMERCIAL FROM PLAN DEVELOPMENT FOR HOTEL DEVELOPMENT, THAT WAS CONTINUED TO THE MARCH 26 CITY COUNCIL MEETING. Z-36-2023-135, MEADOWS PD AMENDMENT WAS APPROVED PER COUNCIL COMMENTS. THERE WERE NINE OF THEM. THE TREES AND LANDSCAPE TO BE INSTALLED WAS THE FIRST CERTIFICATE OF OCCUPANCY. PARKING ON WALNUT AND GROVE CAN BE IN THE FRONT. 280 FOOT DRIVEWAY SPACING IN LIEU OF 330. DECLARATION FOR THE ENTITY RESPONSIBLE FOR THE MAINTENANCE AND MANAGEMENT. THE TIMING OF 1387 WILL BE COORDINATED WITH TXDOT. AND OPTIMIZATION WILL BE DONE.
THERE WILL BE TWO RIGHT TURN LANES ON WALNUT AND GROVE.
THEY WILL REMOVE THE SCREEN FOR THE EV SIGNS, IT WILL BE STATIC AND ON-SITE. THERE ARE TWO 15 FOOT MONUMENT SIGNS IN THE DRIVE-THROUGH'S WILL BE WOULD IS ALLOWED FOR THE GROCERY STORE FOR THE PHARMACY. AND THERE WILL BE TWO ADDITIONAL ADMINISTRATIVE APPROVALS FOR DRIVE-THROUGH'S. ANY QUESTIONS ON RECOMMENDATIONS? OR ANY OTHER CASES?
>> QUESTIONS? OKAY. THANK YOU VERY MUCH. NUMBER THREE, TO
[CONSENT AGENDA]
CONSIDER THE AGENDA, WHICH TO CONSIDER THE MINUTES FOR THE FEBRUARY 20, 2024 MEETING. SO DO WE ENTERTAIN A MOTION?>> MOTION AND SECOND. ANY DISCUSSION? ALL IN FAVOR SAY A
[004 Conduct a public hearing and consider and act upon an ordinance relating to the use and development of Lot 1 of The Munger Addition, by changing the zoning from Agricultural (A) to Urban Village Planned Development District No. 178 (UVPD-178) with a base zoning of Single Family (SF-2) Zoning District to provide for the property being divided into three lots each greater than one acre. (Z04-2024-011)]
>> OKAY NUMBER FOUR. CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE RELATING TO THE USE AND DEVELOPMENT OF LOT 1 OF THE MUNGER ADDITION, BY CHANGING THE ZONING FROM AGRICULTURAL, A, TO URBAN VILLAGE PLANNED DEVELOPMENT DISTRICT NUMBER 178, UVPD-178, WITH A BASE ZONING OF SINGLE FAMILY, SF-2, ZONING DISTRICT TO PROVIDE FOR THE PROPERTY BEING DIVIDED INTO THREE LOTS EACH GREATER THAN
ONE ACRE, Z04-2024-011. >> GOOD EVENING. SO, WITH THIS REQUEST FOR UVP E, IT WAS NOT PROCESSED AS A REGULAR PD, A REGULAR PD, WHILE IT DOES MEAN, IT EXCEEDS THE MINIMUM ACREAGE DEPARTMENT. IT TALKS ABOUT RESIDENTIAL PD, WHICH THIS WOULD BE. BUT THOSE ARE DESIGNED FOR A LARGE-SCALE DEVELOPMENT. THAT WILL HAVE OPEN SPACE AND AMENITIES. THIS WAS PROCESSED AS A YOU VPD, WHICH DOES MEET THE STANDARDS.
AT ANY RATE, AT THIS LOCATION, HERE IS OUR FM 663.
WE HAVE COPPER LEAF DOWN HERE, I BELIEVE THIS IS KING ARTHUR COURT, THIS IS THE TRAIL DEVELOPMENT, A BETTER ORIENTATION. THE APPLICANT OWNS THIS PROPERTY AND IT IS A LITTLE OVER FIVE ACRES. THEY WERE ANNEXED INTO THE CITY ALONG WITH MANY OTHER NEIGHBORS IN 2008. THEY ARE CURRENTLY ZONED AGRICULTURAL. THE FUTURE LAND USE PLAN IS PRIMARILY THE SUBURBAN LOW DENSITY, WHICH WOULD COVER ROUGHLY ALMOST THE
[00:05:02]
WHOLE TRACK. WHICH ENVISIONS A HALF AN ACRE OR LARGER. IN THE REQUEST THEY ARE ASKING TO GO DOWN TO ONE ACRE OR LARGER. IN THAT REQUEST ALSO THERE IS A REQUEST FOR WHAT AMOUNTS TO A WAIVER FOR CONNECTING TO THE SEWER SYSTEM BECAUSE IT IS MORE THAN 300 FEET AWAY. LET ME SEE. THE CURRENT HOUSE , THE HOME SITE IS CURRENTLY HERE. AND WHERE THEY HOPE, IF APPROVED, THAT THEIR DAUGHTER WOULD BE ABLE TO BUILD A 2000 SQUARE FOOT HOME HERE. IT WOULD ROUGHLY BE ABOUT 500 SQUARE FEET APART. TO GIVE YOU A SENSE OF SCALE OF THIS PROPERTY, A 1300 FOOT SQUARE PROPERTY. THIS RED AREA IS TO GIVE YOU A ROUGH IDEA THAT WHAT THEY WOULD ASK TO DO IS INSTEAD OF DEDICATING RIGHT-OF-WAY AND DEDICATING A STREET OFFER WANT TO GIVE THEIR DAUGHTER A HOMESITE, INSTEAD THEY WOULD DO A PUBLIC ACCESS EASEMENT WHICH WOULD MEET THE GRAVEL STANDARD, WHICH WE OFTEN DO FOR DRIVEWAYS WHEN A HOME IS SET BACK MORE THAN 100 FEET FROM THE ROAD. AND SOME OF THIS EXACT SIZE LOT SIZE AND LOCATION MAY VARY A LITTLE BIT. THAT IS WHY IT WOULD INCLUDE THE AREA WITHIN THE ACCESS EASEMENT. SO, SO YOU KNOW, IF THEY WERE TO GO ON SEPTIC , IT IS POSSIBLE THAT IF YOU WANTED TO LOOK AT THE AREA OUTSIDE, THE ACCESS EASEMENT, THAT WOULD BE LOOSER TO 0.8 ACRES, AS OPPOSED TO THE 0.3 THAT THEY ARE SHOOTING FOR AT THE MOMENT. THIS WILL GIVE YOU A BETTER ORIENTATION, THEIR DAUGHTER'S HOME SITE IS CONCEPTUALLY SHOWN HERE IN THE RECTANGLE. THE REST OF THIS WOULD BE IN THE BLACK, WHICH IS WHAT THE PARENTS WOULD RETAIN.THE PARENTS WOULD RETAIN THIS BACK , APPROXIMATELY, ONE ACRE.
AND AGAIN THIS IS FOR REFERENCE OF WHERE THE ACCESS EASEMENT WOULD BE. AND WE HAVE HAD QUITE A FEW CONVERSATIONS TALKING ABOUT FIRE PROTECTION. NOTHING HERE THAT YOU WOULD APPROVE WOULD GET IN THE WAY OF PROVIDING THE FIRE ACCESS. THEY STILL WOULD QUALIFY ALL ACCESS IS. THEY WOULD OPTIMIZE COVERAGE, ADEQUATE WATER PRESSURE AND WATERLINE LOCATION . SO THERE IS A LOT OF , MY POINT IS THERE IS A LOT OF TECHNICAL DETAILS THEY HAVE BEEN LOOKING INTO. ARE ALSO COMING TO YOU TO ASK AND SEE IF Y'ALL WOULD ALLOW FOR THE CHANGE IN ZONING. THIS IS THE EXAMPLE OF THE HOME THAT THEIR DAUGHTER HOPES TO BUILD. KIND OF A PROTOTYPE ARCHITECTURAL PLAN. IT IS POSSIBLE, MY UNDERSTANDING, THIS GARAGE MAYBE A SIDE ENTRY. BUT AGAIN, THIS IS GOING TO BE WAY DEEP BACK OFF OF WHAT IS ESSENTIALLY A PRIVATE DRIVEWAY.
WITH ALL OF THAT SAID, A TOTAL OF 40 LETTERS WERE SENT OUT.
WE GOT ONE IN FAVOR AND ONE OPPOSED. THE PERSON WAS OPPOSED AND WAS CONCERNED ABOUT FOLLOWING THE DEVELOPMENT STANDARDS. I GUESS I WOULD SAY THAT PERSON IS IN A HOUSE THAT WAS BUILT FOUR YEARS AGO ON A QUARTER ACRE LOT. I WILL LEAVE IT THERE. STAFF RECOMMENDATION IS TO APPROVE THE OPPOSED
AMENDMENT. >> QUESTIONS OF STAFF? OKAY, IS THE APPLICANT PRESENT AND WISHES TO SPEAK? IF YOU WOULD COME UP AND IDENTIFY YOURSELF.
>> EDWARD -- AND ED IS MY NICKNAME. AS YOU SEE IN THE PACKET WE HAVE BEEN HERE A WHILE. EVERYTHING ABOUT AROUND US HAS CHANGED. AND WE ARE GETTING OLDER. AND ONE OF THE REASONS WE WANT TO MAKE THIS CHANGE IS OUR DAUGHTER REALIZING THAT SHE IS PROBABLY GOING TO BE THE ONE TO HELP TAKE CARE OF US, AND ALSO LOOKING FOR A PLACE TO AFFORD A HOME, WOULD LIKE TO BUILD ON OUR PROPERTY. AND THAT IS WHAT WE ARE GOING THROUGH ALL OF THIS FOR. ANY QUESTIONS ? I DON'T HAVE ANYTHING ELSE TO SAY EXCEPT THAT IS THE BASIC REASON. AS WITH ALL, WHAT IS HAPPENING TO A LOT OF PEOPLE MY AGE, OUR WEALTH IS TIED UP IN OUR LAND. SO THIS IS SOMETHING WE CAN GIVE TO OUR DAUGHTER EARLY AND ALSO HAVE HER CLOSE BY. AND SHE WOULD BE HERE TONIGHT, EXCEPT SHE IS STILL
[00:10:05]
WORKING AT ONE OF HER TWO JOBS.>> QUESTIONS OF THE APPLICANT?
>> SO WHAT DO YOU THINK THE LONG-RANGE USE OF THAT PROPOSED
BACK LOT IS GOING TO BE? >> WE HAVE BEEN IN DISCUSSIONS FOR, I THINK HE IS TALKING ABOUT LOT THREE. OR FOUR, IN THE BACK.
THE NEIGHBORS, WE CALL SOUTHERN STEVE. STRAIGHT ACROSS IS NORTHERN STEVE. THIS IS STEVE, IF YOU HAVE HEARD FROM HIM BEFORE, HE IS VERY INVOLVED IN A LOT OF THINGS HERE. HE HAS INDICATED INTEREST IN POSSIBLY BUYING THIS WHOLE PIECE. AND NORTHERN STEVE IS INTERESTED IN IT BUT DOES NOT WANT TO PAY THE WHOLE RATE. SO THEY HAVE BEEN IN SHORT DISCUSSIONS ABOUT MAYBE THEY WOULD SPLIT IT. SO WE HAVE THESE TWO NEIGHBORS . IN THE PAST WE HAVE HAD A COUPLE MORE, WE DO NOT KNOW ABOUT THIS ONE. BUT ALSO BACK HERE, THE FUTURE DEVELOPMENT HERE WILL HAVE AT LEAST TWO HOUSES BACKING UP TO OUR WESTERN EDGE. AND MY WIFE HAS BEEN IN REAL ESTATE FOR QUITE A WHILE AND WHEN SHE HAS BEEN IN A DEVELOPMENT, EVERYONE ASKS ABOUT BUYING TWO LOTS OR HOW CAN I GET MORE BACKYARD? OUR GENERAL PLAN THAT WE PUT OUT TO THE UNIVERSE, SO TO SPEAK, IS SOMEONE WILL PROBABLY BUY THAT.
AND MOST, ALL THE NEIGHBORS WE HAVE TALKED TO WOULD LIKE TO PURCHASE THAT TO KEEP A BUFFER, SO THAT NOBODY BUILDS
BEHIND THEM. >> OKAY. ANYONE ELSE? THANK
>> IT STATED EARLIER THAT WE HAD TWO PEOPLE THAT MADE COMMENTS, ONE IN OPPOSITION. LET'S OPPOSED. AGAIN THIS IS TO MAINTAIN THE BUILDING STANDARDS FOR DEVELOPMENT FOR THE AREA. IVANA THOMAS IS FOR, SO IT THE RECORD SHOW THAT. IS THERE ANYONE ELSE WHO WISHES TO SPEAK? I WILL ENTERTAIN A MOTION.
>> MOTION AND SECOND. ALL IN FAVOR SAY AYE.
>> CORRECT. >> IS ONE ACRE INCLUSIVE OF THE PROPOSED EASEMENT AREA. AND THAT REALLY IS THE ONLY OPPOSITION I HAVE TO THIS. IS THAT IT CAN MOVE OVER TOWARDS THE EXISTING RESIDENCE HOUSE, TO GET ONE ACRE OUTSIDE OF THE EASEMENT AREA.
>> AND IF IT MEANS ANYTHING, THE STATE STANDARD IS ONE HALF ACRE. SO I AM JUST THROWING THAT OUT THERE.
>> WE HAVE THAT NOW IN MENLO, WHERE THEY ARE PUTTING IT ON
0.6 ACRES. >> IN NEW SUBDIVISIONS?
>> YES. >> THAT IS THE ONLY OPPOSITION
-- >> I DID NOT KNOW THAT PART EITHER.
MOTION. >> I WOULD BE OKAY TOO, BUT LIKE YOU SAID IF WE MOVE THE ACCESS EASEMENT BACK TO WHAT WOULD BE HER EAST PROPERTY MARKET, AND NOT GO COMPLETELY THROUGH HER PROPERTY. WITH THE UNKNOWN SITUATION OF THE THIRD
LOT -- >> I WOULD -- WE CREATE THAT LAND LOCK , THAT PIECE OF LAND BACK THERE WITHOUT AN EASEMENT, THAT IS BAD PUBLIC POLICY AND CAUSES A GREAT PROBLEM IN THE FUTURE. I AM NOT SAYING IT WILL HAPPEN, BUT THE BANK COULD FORECLOSE ON SOMEONE AND THEN YOU HAVE A PIECE OF PROPERTY THAT HAPPEN. I THINK WE HAVE TO LEAVE IT AS IT IS.
>> IF YOU ARE DOING IT THEN YOU SUBDIVIDED INTO THREE PIECES AND NOW YOU HAVE TO TALK ABOUT AN HOA TO MAINTAIN THE ROADWAY
[00:15:02]
TO GET BACK TO ALL THOSE PIECES. AND THEN WHOSE PARTICIPATION IS ON EACH PIECE OF THAT ROADWAY? IF SOMEONE ON THE FRONT DOES NOT MAINTAIN THE ROADWAY, YOU HAVE A SITUATION WHERE THE INDIVIDUAL ON THE BACKSIDE -->> WILL THAT COULD BE SPELLED OUT ON THE EASEMENT.
>> I JUST WANT TO PROTECT ALL PARTIES. THAT SMALL INDIVIDUAL IN THE MIDDLE, IN THE FUTURE.
>> WITH THAT SCOPE IT WOULD NOT BE TYPICAL TO SEE JOINT USE MAINTENANCE. WHERE ALL OF THE PARTIES -- IT BECOMES A CIVIL D COURSE IF YOU HAVE TO TAKE HER SOMEONE ELSE'S MAINTENANCE. AND I AGREE WITH DAN, WE DO NOT HAVE THE EASEMENT THEN WE CREATE THE LANDLOCKED PARCEL, THAT COULD POTENTIALLY HAVE CONSEQUENCES DOWNSTREAM. JUST, LOOKING AT THIS , YOU KNOW MY CONCERN WAS WE ARE SENDING A BAD EXAMPLE IF WE ALREADY SAID IT SOMEWHERE ELSE, IF WE ARE COUNTABLE WITH THAT AND IT IS WORKING WELL IN THAT COMMUNITY, THEN BY ALL
MEANS. >> THAN 7/10 OF AN ACRE THEN WE REQUIRE A LOW-PRESSURE SYSTEM, SO THAT WE DO NOT HAVE A SPRAY ZONE. I THINK THE PREMISES YOU DON'T TAKE UP A LOT WITH A SPRAY ZONE.
>> WAS HERE, I WAS ALWAYS COUNTING THE THREE AND FIVE ACRE LOTS. AND HE SAID THAT THOSE SET YOU UP IN THE FUTURE, WHEN YOU WANT TO RETIRE. DAN ENDED UP SELLING TO SOMEBODY WHO WANTS TO BUILD APARTMENT COMPLEXES. I AM GLAD THAT THESE ARE ONE ACRE LOTS. I THINK IT IS A BETTER OPTION.
>> I MAKE A MOTION TO APPROVE AS PRESENTED.
>> DO WE HAVE A SECOND. ALL IN FAVOR AYE.
[005 Discussion regarding use and development regulations for vaping, CBD (cannabidiol) and other alternative retail establishments. ]
>> AYE. ALL OPPOSED ? >> DISCUSSION REGARDING USE AND DEVELOPMENT REGULATIONS FOR VAPING, CBD , CANNABIDIOL, AND OTHER ALTERNATIVE RETAILING ESTABLISHMENTS.
>> SO, WITH THIS REQUEST, AS NOTED IN THE STAFF REPORT, SORRY, DID I CUT YOU OFF? NO, OKAY, SORRY.
STAFF RECEIVED DIRECTION FROM COUNCIL TO EXPLORE THE POSSIBILITY OF AMENDING A REZONING ORDINANCE TO ADDRESS WHAT WE ARE LOOSELY CALLING ALTERNATIVE RETAIL. WHICH COULD INCLUDE THINGS, THINGS THAT INCLUDE CBD, VAPING, WHAT ARE CALLED HEAD SHOPS, BASICALLY WHICH ARE BONGS. SORRY. THIS IS AWKWARD TO TALK ABOUT. SO AN ORDINANCE THAT MIGHT ADDRESS THAT, SO AGAIN, THE REPORT THAT WE GAVE YOU WILL, WE GAVE YOU A REPORT WITH CITIES NEARBY, SOME THAT ARE KNOWN TO HAVE HIGH EXPECTATIONS, TO SEE WHAT OTHER CITIES ARE DOING.
AND AS WE NOTED, SOME OF THE CITIES, AND GENERALLY THEY MIGHT TREAT IT AS SOMETHING TO RESTRICT. SOME OF THEM LOOK AT IT KIND OF LIKE A TOBACCO THING, AS A PARALLEL. YOU WILL SEE DISTANCE REQUIREMENTS IN SUCH. WITH THAT SAID, I DON'T WANT TO TALK TOO MUCH. I WOULD RATHER HEAR FROM Y'ALL AND THE CONCERNS Y'ALL MIGHT HAVE WITH THESE KINDS OF BUSINESSES.
MAYBE Y'ALL HAVE HEARD, SEEN, EXPERIENCED THINGS YOU LIKE AND DON'T LIKE ABOUT THEM. I WOULD LIKE TO HEAR FROM Y'ALL.
>> AND WHERE ARE WE WITH BEER AND WINE PACKAGE STORES?
>> I BELIEVE THAT THAT IS JUST BEER AND WINE, IT WILL SATISFY
ALLSTATE RULES. >> SO SOMEONE COULD DO BEER AND
WINE, -- >> THEY ARE MEASURED DIFFERENT WAYS, THE PUBLIC SCHOOL, CHURCH, THINGS LIKE THAT, THINGS LIKE 300 FOOT FROM PROPERTY LINE TO PROPERLY LINE. AND THE OTHER IS AS YOU ARE WALKING FROM DOOR-TO-DOOR AND CROSSING AT RIGHT ANGLES AND THE CITY ATTORNEY COULD PROBABLY CORRECT ME IF I GET THAT WRONG.
>> AND WITH TATTOO PARLORS THERE WAS AN INITIAL DISCUSSION ABOUT WHETHER OR NOT WE COULD JUST COMPLETELY OUTLAW THEM.
AND I TOOK THE POSITION, YES, WE COULD. AND I WOULD TAKE THE POSITION THAT WE CAN OUTLAW VAPES. IN OUR CITY. ICP
[00:20:02]
SPECIALTY SHOP AND I READ THAT, ANTIQUES, ART GALLERIES, THEY ARE NICE AND THEY ADD TO A SMALLTIME COMMUNITY. EVERYWHERE THAT I SEE A VAPING SHOP, I PUT IT IN THE SAME CATEGORY IF YOU WATCH IT'S A WONDERFUL LIFE, THE BAD STUFF COMES IN AND POTTER GETS HIS TOWN, I PUT VAPE SHOP IN THAT SAME CATEGORY. I DON'T GET ADDS TO YOUR QUALITY OF LIFE. MY PREFERENCE WOULD BE DOING WHAT WE DO TO TATTOOS AND LIMITINGTHEM TO INDUSTRIAL AREAS. >> YOU HAVE ONE THAT OPENED RECENTLY, ACROSS FROM THE MIDDLE SCHOOL, DOWN THE STREET BETWEEN A CHURCH IN THE MARTIAL ARTS STUDIO. SO THEY HAVE GOT A HIGH COEFFICIENT OF PRETEEN TRAVELERS JUST HANGING OUT IN
THAT GENERAL AREA. >> I THINK THAT IS WORSE. THE HEALTH CONSEQUENCES OF THE STUFF IS LATELY UNKNOWN. WE ARE IN NEW TERRITORY AND STUDIES HAVE SHOWN THAT THERE ARE ASTHMATICS AND BRONCHITIS WITH IT AND A POTENTIAL FOR A PROBLEM THAT HAS NOT BEGUN TO BE EXPLORED YET. AND WE HAVE DEALT WITH TOBACCO FOR YEARS. IS ALMOST A CENTURY FOR US TO REALIZE HOW MUCH DAMAGE TOBACCO HAD DONE. AND CONTINUES TO DO.
SO I WILL STICK WITH THE FORBIDDEN APPROVAL AND SHOULD BE IN A VERY LIMITED AREA. WE WANT TO TRY TO KEEP IT IN THE
INDUSTRIAL AREAS. >> SO THE WAY THAT WE ARE DEFINING SPECIALTY, SPECIALTY SHOPS RIGHT NOW, IT SAYS ESTABLISHMENT FOR THE PURPOSE OF SUPPLYING LIMITED SPECIALTY ITEMS. SO THAT MEANS THE OVERWHELMING PREPONDERANCE OF THEIR SALES COME FROM THOSE TYPES OF ITEMS. OR THEY HAVE A LIMITED SELECTION AS THEIR MAIN OPERATION?
>> SO YOU ARE REFERRING TO PAGE 1, SPECIALTY SHOP, SO THAT IS THE CURRENT DEFINITION THAT THE CITY HAS AND IT MENTIONS TOBACCO. HISTORICALLY STAFF HAS INTERPRETED WHAT WE WILL NOW CALL TURNED TO RETAIL FOR THE PURPOSE OF THIS DISCUSSION,
UNDER TOBACCO. >> SO MY QUESTION IS THOUGH, DOES THAT MAKE ANY RETAIL ESTABLISHMENT WHICH SELLS TOBACCO A SPECIALTY SHOP? OR A RETAIL SPECIALTY SHOP THAT
ONLY SPELLS -- SELLS TOBACCO. >> I GUESS WHAT WE WOULD HEAR FROM Y'ALL IS IF YOU CONTINUE TO VIEW TOBACCO UNDER SPECIALTY SHOP. AND THEN THERE IS AN ALTERNATIVE THAT WOULD INCLUDE CBD AND VAPE, ET CETERA. HE WOULD SEE THE DELINEATION BETWEEN THOSE TWO, OR NOT. I AM NOT TRYING TO TELL YOU WHAT TO DO, I AM JUST LISTENING AND TALKING. YOU KNOW YOU COULD DELINEATE BETWEEN THE TWO. OR YOU COULD LUMP TOBACCO IN WITH IT AND PUT IT, TAKE IT OUT OF THIS DEFINITION AND PUT IT IN THE ALTERNATIVE RETAIL.
>> I WANT TO MAKE SURE THAT WE DO NOT HAVE A CONSEQUENCES OF A WAY TO DEFINE THINGS. EVERY GAS STATION AND GROCERY STORE SELLS BEER AND WINE, TOBACCO AND SOME SORT OF VAPING PRODUCT. I DO NOT KNOW IF IT IS CBD BECAUSE I DO NOT USE THAT.
AT, THEY WOULD TALK ABOUT HOW MUCH FLOOR AREA THEY DEDICATE.
IF YOU FIND AN LUMP ALTERNATIVE RETAILER TO INCLUDE BONGS, HOOKAH, VAPING PENS, CONSUMABLES, EDIBLES, ALL THIS ALTERNATIVE RETAIL, THEN YOU SAY IF YOU DEDICATE MORE THAN SOME PERCENTAGE OF YOUR FLOOR AREA TO THAT, I HAVE SEEN THE PERCENTAGES VARY FROM 2%, VERY RESTRICTIVE AND I DO NOT KNOW HOW MANY LAWSUITS THAT HAS DRAWN, 80% OR MORE, THAT IS ONE THING WE HAVE SEEN SOME CITIES DO. I AM NOT AWARE WHAT THE CONSEQUENCES HAVE BEEN. IT HAS ALL BEEN IN THE PAST FEW YEARS SO WHEN I HAVE TALKED TO SOME PLANNERS IN THE OTHER CITIES EVERYTHING WAS STILL KIND OF NEW.
LOT OF STUFF THAT HAD ALREADY COME IN WAS IN.
>> CAN STAFF REACH OUT TO KROGER, VARIOUS SEA STORES AROUND THE COMMUNITY, AND SEE IF THEY WILL GIVE US A IN ESTIMATE . I THINK THE 2% OR 3% AND WHERE THAT IS COMING FROM, IS THAT A CARVEOUT FOR THE LARGER ESTABLISHMENTS TO HAVE
A MUCH SMALLER USE. >> DO YOU WANT IT SPECIFIC TO VAPING AND CBD OR VAPING, CBD, TOBACCO AS WELL? AND BEER AND
WINE? >> YES . WHAT? I DON'T KNOW IF WE WANT TO OPEN PANDORA'S BOX WITH BEER AND WINE. I DON'T
[00:25:01]
KNOW IF WE CAN BASED ON THE WAY THAT THIS WAS -->> THE STATE HAS SPOKEN ON THE BEER AND WINE. THAT IS ONE PROBLEM THAT EVERYONE IS DEALING WITH, THE STATE DID NOT REALLY HAVE A LOT OF TIGHTENED UP LAWS. WE HAVE BEEN DEBATING AND HEARING MIXED REVIEWS. BUT WHEN I GO TO THE STATE WEBSITE, THE STATE WEBSITE SAYS THERE IS NO MINIMUM REQUIREMENT FOR AGE TO BUY A CBD PRODUCT. BUT WE HAVE GOT RETAILERS TELLING US THAT IS NOT THE CASE. BUT THE STATE OF TEXAS HAS A WHOLE WEBSITE SAYING THERE IS NOTHING, NO AGE REQUIREMENT. IN CONTRAST WITH BEER AND WINE, I FEEL LIKE WE HAVE A LOT OF ESTABLISHED LAWS BY THE STATE OF TEXAS REGARDING THAT.
REGARDLESS OF HOW WE FEEL ABOUT IT. THIS SEEMS LIKE A GREATER
AREA. >> I WOULD LIKE TO SEE SOMETHING THAT CLEARLY DEFINES IT AS A STORE THAT IS NOT DOING THIS AS A MINOR INSULAR USE. AN ALTERNATIVE SHOP THAT WE ARE TALKING ABOUT. AND THEN HAVE VERY RESTRICTIVE, LIKE DAN SAID, REQUIREMENTS ON WHERE YOU CAN PUT IT. OR SUPER ENHANCED RADIUS IS FROM SCHOOLS, OR THINGS OF THAT. I KNOW IT IS GETTING TO BE A LOT MORE COMMONPLACE. BUT, THAT DOES NOT MEAN THAT WE NEED A WHOLE INDUSTRIAL COMPLEX DEVOTED TO THAT IN THE CITY OF MIDLOTHIAN.
>> DO YOU HAVE AN INTEREST IN THE IDEA OF , AGAIN, WE ARE WORKING WITH THE CITY ATTORNEY, BUT IF WE COME TO KIND OF A DEFINITION FOR WHAT THIS WOULD BE AN HAVE A STANDARD LIKE MAYBE A PERCENTAGE OF FLOOR AREA, IT MIGHT DIFFERENTIATE BETWEEN A LARGER SCALE RETAILER , 2% TO 5% OF THEIR FLOOR AREA IS THAT AND THAT IS STANDARD OF PRACTICE AND NO CONSEQUENT. BUT THOSE ARE DEDICATING 50% OR 75% OR 100% OF THEIR FLOOR AREA TO THIS BUSINESS. IF WE GET THIS WORKED OUT AND DEFINED, THOSE BUSINESSES, THE ALTERNATIVE RETAIL, HOWEVER WE DEFINE IT, I AM HEARING INDUSTRIAL. I AM HEARING BASICALLY TO TRY TO FIND WAYS TO KEEP IT AWAY FROM TEEN ACTIVITY. WHEN YOU ALSO BE INTERESTED IN THE IDEA OF BUSINESSES HAVING A DISTANCE FROM EACH OTHER? IS THAT SOMETHING YOU WOULD WANT IN THE
>> WAS THERE NOT A DISTANCE REQUIREMENT IN BETWEEN THE TATTOO PARLORS WHEN THAT WAS DONE?
>> I DO NOT RECALL. >> I AM FAIRLY CONFIDENT --
>> RETAIL INTO THE SAME ORDINANCE, TATTOO SHOP AND ALTERNATIVE RETAIL. IT IS ON THE BOOKS AND THERE IS NO NEED TO REDEFINE THE WHEEL. DEFINED CLEARLY AND PUT IT IN THE SAME CATEGORY.
IS THAT ALL YOU HAD? >> YES, SIR.
>> OKAY THAT IS THE LAST ITEM ON THE AGENDA. DO I HEAR A
MOTION TO ADJOURN? >> MOTION TO ADJOURN.
>> I WILL SECOND THAT. ALL IN FAVOR, AYE.
>> AYE. >> I AM
* This transcript was compiled from uncorrected Closed Captioning.