[2:15] we're going to. Good evening.

[2:17] It is 6:32 P.M. And I'm going

[2:20] to call the thursday SEPTEMBER

[2:21] 3rd 2026 planning and zoning

[2:24] work session to order a quorum

[2:25] of the planning and zoning

[2:26] commission is present and the

[2:27] meeting has been posted in

[2:29] accordance with the texas open

[2:30] meetings act to the texas

[2:32] government code. So at this

[2:33] time we'll have staff come

[2:34] forward and discuss the items

[2:35] on tonight's work session

[2:42] agenda. So before we get into

[2:43] the items for this evening, um,

[2:45] I have a couple of just

[2:46] community announcements here.

[2:47] Just a reminder labor day um,

[2:49] the city hall is closed on

[2:51] monday. There are a couple of

[2:52] adjustments for trash and

[2:54] recycling days um other

[2:55] facilities so listed on the

[2:57] screen there uh and our h2o and

[2:58] outreach center and the iron

[2:59] horse golf course will be open.

[3:01] Um of course look at the

[3:04] website for holiday hours also

[3:07] uh coming up we have uh next

[3:10] week the SEPTEMBER 11th um

[3:11] ceremony that we have here

[3:13] every year at city hall we saw

[3:14] driving in probably the flags

[3:15] that were placed out on the

[3:18] lawn um that is scheduled to

[3:20] begin at 9:11 A.M.. I would

[3:21] arrive earlier than that to get

[3:23] a seat if you would like to

[3:25] attend. Uh, it's just a really

[3:26] nice service that our, uh, fire

[3:27] department and police

[3:31] department put on here. The

[3:33] following week on monday we

[3:34] have this clayton tells me it's

[3:37] pronounced goi soggy. Uh, on,

[3:38] uh, some sort of ensemble I

[3:39] don't know, it could be it

[3:41] could be correct. Sorry if it's

[3:43] not um celebrating culture

[3:44] series probably should attend

[3:45] and maybe learn a bit more

[3:46] about it. I might be able to

[3:47] learn how how it is actually

[3:49] pronounced, but that's kind of

[3:50] the the cool thing that we do

[3:51] with these different um,

[3:52] celebrating culture series. We

[3:53] get exposed to things that

[3:55] we're not used to seeing every

[3:56] day. Um, that's also a free

[3:58] event that monday at 6 P.M. At

[4:02] the library. Uh, the heart of

[4:03] community awards is a new

[4:05] program, uh, that was announced

[4:07] as part of kind of part of the

[4:08] budget presentation this year

[4:09] and it was also discussed um,

[4:10] with the city council in the

[4:12] last meeting. Um, this is kind

[4:14] of taking the place of what was

[4:17] the typical um, business

[4:18] appreciation lunch. We're still

[4:19] going to have that luncheon to

[4:20] give some recognition to the

[4:22] businesses, uh, but also kind

[4:24] of expanded this year out into

[4:26] a more community wide uh,

[4:29] awards uh recognition luncheon.

[4:30] And so there are different

[4:32] categories where nominations

[4:33] will be accepted uh, for the

[4:34] rest of about almost the rest

[4:36] of this month through the 25th

[4:37] for those categories that you

[4:39] see on the screen there. Um,

[4:41] citizen of the year, volunteer

[4:42] of the year, uh, board of

[4:43] commission, member of the year

[4:44] and a business of the year. And

[4:47] so um those nominations will

[4:48] come in there's a there will be

[4:50] if it hasn't been already

[4:51] formed um, a selection

[4:52] committee that will kind of

[4:53] look through those um and those

[4:55] awards will be given out at

[4:57] that event. And so um, we had

[4:58] some requests from council to

[4:59] find different ways to

[5:00] recognize people and this is

[5:01] one of the things that was uh,

[5:04] proposed and they accepted and

[5:05] discussed at the the last city

[5:07] council meeting. So that'll be

[5:09] a fun change, uh, this year to

[5:10] kind of expand it out beyond

[5:13] the traditional businesses and

[5:15] just a couple other things um,

[5:17] been kind of hit or MISS On

[5:18] whether I give you an update at

[5:20] the meeting on previous action

[5:22] taken by the city council on

[5:23] items that came before you. So

[5:25] just to kind of, um, keep you

[5:26] on the loop for those of you

[5:27] that haven't followed or watch

[5:28] those city council meetings.

[5:28] Um.

[5:30] >> the smithville terrace plan

[5:32] development which was the

[5:33] residential housing project

[5:34] proposed by sandlin between

[5:37] smith, smithfield and hewitt um

[5:38] was approved that planned

[5:39] development district was

[5:40] approved by the city council.

[5:43] Um the small sliders sup that

[5:44] came before you also was

[5:46] approved by the city council

[5:47] and um at that same meeting the

[5:48] accessory structure on shady

[5:49] grove that you had seen kind of

[5:51] all all together in that packet

[5:52] of items was also approved by

[5:54] the city council. Uh, and then

[5:55] just for reference at the last

[5:56] meeting here in the work

[5:57] session I talked about a

[5:58] texture vision that we were

[5:59] working on to bring back to

[6:00] you. Obviously that's not on

[6:01] your agenda this evening. Um,

[6:03] it is slated for uh, SEPTEMBER

[6:04] the 17th though. And that was

[6:06] just just for those I think you

[6:07] all maybe all were here but

[6:08] just as a text revision to try

[6:09] to do a little bit of cleanup

[6:11] to bring the city's code in

[6:12] line with uh, state law so

[6:14] building materials references

[6:15] um home occupations rules that

[6:16] have shifted over the last

[6:19] couple of sessions. So um it's

[6:20] really just a post legislative

[6:22] session cleanup and then going

[6:23] forward we'll have one of those

[6:24] each year after the legislative

[6:26] session to do any cleanup kind

[6:27] of more more timely than than

[6:28] letting it lag out a little

[6:32] bit. So that is all I have um,

[6:33] this evening unless you have

[6:35] any questions on any of those.

[6:37] Okay they. Change that

[6:39] application the sandlin. I

[6:39] mean.

[6:41] >> the springfield. There

[6:43] weren't any changes in the

[6:44] approved packet that was

[6:45] approved by council from what

[6:50] was proposed here. I'll turn it

[6:55] over to clayton. Kawasaki.

[6:57] >> kawasaki.

[7:00] >> uh. I read.

[7:01] >> a lot. Of. Samurai novels. I

[7:03] never seen that word. So, um.

[7:05] All right, so, uh, tonight

[7:06] there's, uh, two zoning cases

[7:08] on the on the agenda. I'm sorry

[7:11] I have allergies, so bear with

[7:13] me on that one. Um, first

[7:15] zoning application is for, uh,

[7:16] agricultural r-1 single family.

[7:19] This is on bercy road 7412. Uh,

[7:20] this is almost two acres of

[7:21] property, so it's on the south

[7:23] side of the road between uh,

[7:24] essentially between douglas

[7:27] lane and um hunter lane in that

[7:29] area there I just uh south just

[7:31] west of uh east of valley

[7:32] drive. Uh, so this is a

[7:33] property uh there was a house

[7:34] on there. The house has been

[7:35] removed from the site. All

[7:38] that's been demolished um, is

[7:39] currently zoned agricultural

[7:41] and in order for them to be

[7:43] able to plat the property, uh,

[7:44] to, uh, construct a new house,

[7:46] uh, the zoning changes required

[7:48] for that, uh, because the ag

[7:49] district is primarily just a

[7:50] holding pattern holding zone.

[7:52] Um, until the time comes that

[7:53] the more appropriate

[7:54] development might show up. Uh,

[7:55] we see this from time to time

[7:57] with some of the older ag

[7:59] properties uh, being rezone to

[8:00] uh a lot of them to residential

[8:02] uh some to others but that's

[8:03] there just to to hold it in

[8:04] place until something more

[8:06] solid comes along. Uh, so

[8:08] what's proposed here is just to

[8:10] rezone this from ag to r1 uh,

[8:11] which is of what the lots

[8:12] mostly on the south side of

[8:14] bercy road or zoned all of

[8:15] londonderry is zoned r1 as

[8:16] well. Uh so this would allow

[8:18] them to plat the property uh

[8:19] and be able to construct a

[8:21] house on the site. Uh, so.

[8:23] >> it's currently vacant uh,

[8:24] but they did have demolish the

[8:25] house on the pool. Um, so

[8:27] they're planning for a new

[8:27] construction here sometime.

[8:31] Later this year. And this will

[8:32] be on SEPTEMBER 14th city

[8:34] council meeting. Uh, any

[8:37] questions on that zoning case?

[8:41] All right. Um, second one uh,

[8:42] this is, uh, special

[8:43] development plan. This is

[8:44] related to property on

[8:47] northeast parkway. So this is a

[8:49] 8.3 acre lot. Uh, but the the

[8:51] the site itself is just a 1000

[8:52] square foot lease area within

[8:53] one of the buildings. Uh, and

[8:55] this is for a proposed winery.

[8:57] Uh, technically it's a tree,

[8:57] but.

[8:58] >> under. State alcoholic

[9:00] beverage code red meat and wine

[9:01] are basically considered the

[9:02] same thing the same fermented

[9:05] type of uh of uh, alcohol, uh,

[9:06] so that they fall into the

[9:07] winery permit which is what

[9:08] they've requested from the

[9:09] alcoholic beverage commission.

[9:11] Uh, and so this use is not

[9:13] technically listed in the uh in

[9:14] the in the zoning ordinance

[9:15] there uh, the special

[9:16] development plans vehicle that

[9:18] we've used in the past for uh,

[9:19] consideration of those things

[9:21] on a on a case by case basis.

[9:22] So that's what's being proposed

[9:23] here for for this zoning

[9:25] application. Um, so the whole

[9:27] property is this uh, older

[9:28] industrial portion on the south

[9:30] side of uh northeast parkway

[9:31] just there east of davis

[9:34] boulevard. Uh, this was

[9:35] developed back in the 1980s um

[9:38] uh long before the tod existed.

[9:39] It was owned industrial for

[9:41] quite some time. Uh, when the

[9:42] tod district was all created

[9:44] this property was rezone to

[9:45] that. Um, so a lot of these

[9:47] buildings uh a lot of those

[9:48] uses were just continuations of

[9:50] um uh some conforming some non

[9:52] conforming over time. Uh but

[9:53] the property itself has not

[9:54] changed much. It's still the

[9:56] the for the for buildings

[9:57] there's actually one little

[9:58] building site left over and

[10:00] then a larger uh building that

[10:02] houses an irrigation company

[10:03] there on the far east side of

[10:06] that. So the building that

[10:07] where the proposed user is

[10:09] located is uh 8204 so that's

[10:11] this building here uh each

[10:12] building has its own address.

[10:14] Uh, but this is 82 or 4 and the

[10:15] locating uh, wishing to locate

[10:16] in a sweet down the southern

[10:17] end of that building uh,

[10:22] adjacent to this property here.

[10:22] Um.

[10:23] >> if you've driven.

[10:24] >> down northeast parkway, this

[10:26] is looking back. Um, what?

[10:28] Actually, I think that is

[10:31] actually east. So as you're

[10:32] pulling off of davis boulevard

[10:33] looking back that direction,

[10:34] uh, village of smithfield on

[10:36] the left, all this industrial

[10:37] park on the right that's

[10:37] actually east, not west. My

[10:42] apologies. Uh, this is looking

[10:43] as you turn into the property

[10:45] to the to where this 8204

[10:47] building is now on the south

[10:48] end of that is the lease space

[10:51] for this site. Uh, in suite 124

[10:52] it's about 1000ft a little bit

[10:56] less than that. And then if you

[10:57] turn around, look back up

[10:58] towards northeast parkway.

[10:59] That's what the the area looks

[11:00] like. This is very indicative

[11:01] of that whole development and

[11:05] that's that area there. And

[11:07] that south property. Uh so this

[11:08] is uh in the urban.

[11:09] >> village. Area uh this is

[11:11] also in the tod uh those two

[11:13] areas pretty much aligned uh

[11:14] together. Uh this is again the

[11:16] very northern portion of that

[11:18] area. Um, this is in the

[11:21] general. Go for a little bit

[11:22] general mixed use character

[11:24] zone. So if you look at the

[11:25] entire 200 plus acre uh,

[11:27] smithfield tod area, that's

[11:28] what this regulating plan

[11:29] generally shows. Uh.

[11:31] >> most of the area on the east

[11:32] side of davis is in this

[11:34] general mixed use character

[11:36] zone. Um, so this is a lot of

[11:37] older industrial, a lot of

[11:39] office, uh, residential in this

[11:40] area that's uh been developed

[11:42] in the past uh some currently

[11:43] under develop here on the

[11:44] southern portion of that uh,

[11:46] this is intended really for a

[11:47] very wide range of uses uh

[11:48] retail, office, residential and

[11:50] even in some industrial uses

[11:52] there too. A lot of those are

[11:54] existing uses in the area. Um,

[11:56] the smurfit kappa facility uh,

[11:57] this area here on northeast

[12:00] parkway uh a lot of the area

[12:01] right here around the railroad

[12:02] track is a lot of older

[12:04] industrial sites as well. Uh,

[12:05] and there's some newer

[12:06] development um, the here south

[12:08] of the tracks you've seen

[12:09] keyworth brewing. Um, you've

[12:11] seen a new parking lot under

[12:11] construction and there'll be

[12:12] some new development there on

[12:14] that property. Um, so it's a

[12:16] very wide mix of uses on that

[12:18] side of uh of davis boulevard

[12:21] uh, within this 2d area. Uh and

[12:23] it does extend all the way down

[12:24] amid city's boulevard to

[12:25] holiday lane. Uh, so it's

[12:27] there's quite a quite a bit of

[12:28] mix in that area. It's a very

[12:29] large district and this is all

[12:31] one consolidated uh zoning

[12:33] category now uh, when that was

[12:36] rezone in 2013 there was a

[12:37] backing up just to here uh for

[12:39] this to add this bit of use. Um

[12:41] this is uh the building itself

[12:43] is 24,000ft. This is about

[12:44] 1000 square foot area tucked

[12:46] away in that back corner of the

[12:47] building. Uh, they do have a

[12:49] small they do have a

[12:49] presentation to give tonight to

[12:51] kind of explain the scope and

[12:52] the operation of this, uh, this

[12:54] small I'm going to call it a

[12:56] small batch meadery for lack of

[12:57] a better description. Uh,

[12:59] they'll they'll go through what

[13:00] their process is and, uh, and

[13:01] talk about what they're trying

[13:02] to do with this particular

[13:04] site. Uh, but this is the the

[13:05] classification that it would

[13:08] fall under. Um, and I think

[13:10] there might might be some

[13:11] misunderstanding as to the

[13:12] scope of the project. Uh, we've

[13:14] we've received a bunch of

[13:15] letters in regards to this. We

[13:16] provided that by email today

[13:17] and and gave you a handout

[13:18] there just you can kind of see

[13:20] what those comments are uh, in

[13:21] opposition to this mostly in

[13:24] opposition to it. Um uh I think

[13:25] there might have been some

[13:26] misunderstanding what the scale

[13:27] is because when we send out

[13:28] notifications for zoning cases

[13:30] like this where we're obligated

[13:31] to use the property boundaries

[13:33] for that, uh, and so that's

[13:34] what we use for this case. So

[13:35] we use an entire eight acre

[13:38] tract to notify everyone within

[13:39] 200ft. So this blue blue line

[13:41] is the buffer area. Everybody

[13:43] within that touches that we

[13:45] send out a notice to uh even

[13:46] though the only affected areas

[13:48] this small green box right

[13:49] there um, so that it makes it

[13:51] look bigger on the map than it

[13:52] actually is. So I think there

[13:53] might be some misunderstanding

[13:54] about what the scope of that

[13:55] is. But if there's questions

[13:56] that come up tonight we can

[13:57] tackle those as well. But we

[13:58] wanted to include this just to

[14:00] be able to explain that ahead

[14:00] of time in case.

[14:05] >> those questions came up. Uh,

[14:06] also some questions about

[14:08] census alcohol uh related uh

[14:09] there are some other standards

[14:11] in not in the zoning code but

[14:12] in the other parts of the city

[14:13] code uh, related to alcoholic

[14:14] beverage sales and

[14:16] relationships to. Schools.

[14:17] >> um churches and public

[14:20] hospitals. Um, so if you're

[14:22] looking at um the distances

[14:24] between uh properties that

[14:25] might sell alcohol and

[14:27] properties that are used for

[14:30] public schools, uh there's a

[14:31] minimum requirement that those

[14:33] be set apart by at least 300ft

[14:34] and that's a property line to

[14:35] property line measurement from

[14:37] the closest two points. Um.

[14:38] >> so the lot where this

[14:40] property is located here uh,

[14:41] the property where smithfield

[14:42] elementary school is over on

[14:43] the other side of northeast

[14:46] parkway that's a little over

[14:47] 560ft. Um, just as the crow

[14:49] flies between those two points.

[14:51] Uh, so it it well exceeds that

[14:53] 300 foot requirement. Um, if

[14:57] there were churches or. Um

[14:59] churches. Public hospitals,

[15:01] daycare centers, uh, there'd be

[15:02] a uh different measurement for

[15:04] that 300ft is a door to door

[15:05] measurement not a property line

[15:06] a property line measurement.

[15:07] Um, so for instance, if that

[15:09] were a church property not a

[15:10] school property we would

[15:11] measure from door to door and

[15:12] that would be well over 1500

[15:13] feet between those two

[15:13] properties.

[15:14] >> just. From walking distance

[15:16] standpoint. Um so I just wanted

[15:18] to make have that available

[15:19] when when those questions come

[15:21] up uh that does uh this this

[15:22] site does satisfy that

[15:23] requirement for being 300ft

[15:25] away. Uh, that's a city

[15:26] requirement and also a state

[15:29] requirement. And then just for

[15:30] reference purposes, um, these

[15:31] are the other existing alcohol

[15:33] permits that are located in

[15:35] this area. Um these are mostly

[15:36] three convenience stores, you

[15:37] know the two gas stations there

[15:39] at the. Corner of northeast

[15:41] parkway, davis boulevard. Uh,

[15:42] there is the uh the breaktime

[15:45] center there at uh main street

[15:46] smithfield road and then back

[15:48] for the barbecue has a mixed

[15:49] beverage permit for their beer.

[15:54] Wine operations. Uh, so that's

[15:54] summary of. That one.

[15:55] >> if there's questions we'll

[15:58] be happy to answer those two.

[15:58] Uh.

[16:00] >> well I was to ask because

[16:03] it's been um, rezone for retail

[16:05] and restaurants. What about the

[16:07] parking because each of those

[16:09] buildings doesn't look like

[16:10] that. It has very much parking

[16:11] .For this.

[16:12] >> for this, uh, eight acre

[16:15] site. Um, yeah. I mean most of

[16:15] this.

[16:17] >> is a uh, industrial type of

[16:19] operation. Um, the parking for

[16:20] these uh, types of uses that

[16:22] are there uh the parking

[16:24] requirements are not very high,

[16:26] um, and are anticipated

[16:27] probably the number of trips

[16:28] that might be generated for

[16:31] these types of uses um,

[16:32] industrial type of uses or

[16:33] industrial park type of

[16:35] businesses properties um

[16:37] generally generally run in the

[16:39] range of 3 to 6 trips per day

[16:43] per 1000ft. Um so if this were

[16:44] just a typical uh industrial

[16:46] manufacturing type of operation

[16:47] which it kind of is a little

[16:49] bit um at the most you'd

[16:51] probably see between 3 and 6

[16:53] trips per day to this one

[16:54] particular business. Um.

[16:56] >> that's pretty common uh, for

[17:01] for this style of development

[17:01] and tenant mix that you'd.

[17:08] >> see in this area. All right.

[17:09] So even though they're going to

[17:11] have a tasting room and it's

[17:13] more sort of like that craft

[17:15] brewery that's down the road a

[17:18] little bit. Yeah I would.

[17:19] >> it's not going to change the

[17:21] parking. No I. Would yeah I I

[17:23] would not compare from our

[17:24] understanding of what this

[17:26] operation is is not the same as

[17:27] what you might see for keyworth

[17:30] brewing or uh false idle uh

[17:32] there on maplewood and in 26.

[17:33] Um this.

[17:34] >> is primarily a manufacturing

[17:37] operation for them to uh.

[17:38] Ferment the mead, bottle it,

[17:40] package it, sell it, uh,

[17:42] distribute it. Um, the.

[17:43] >> permit that they're getting

[17:45] for a winery does allow for.

[17:47] Tasting um, but uh, generally

[17:49] they've not indicated any uh,

[17:52] desire for. Uh actually

[17:53] creating a open to the public

[17:55] tasting room like you would for

[17:57] a taproom or wine bar or

[17:59] anything like that. Um, the

[18:00] permit allows them to do that.

[18:02] The state permit allows them to

[18:03] have people come in and if they

[18:04] want to taste that, they can

[18:05] offer that to them. Uh, but

[18:07] it's not a place that you could

[18:10] go sit sit down by a drink and

[18:11] then hang out for a while and

[18:13] then leave is not that kind of

[18:14] operation and the permit would

[18:15] not allow for that. And that's

[18:17] a good question to ask the

[18:18] applicant tonight to kind of

[18:19] explain that. But that's the

[18:20] that's the uh the basic permit

[18:21] they're getting from the

[18:22] alcoholic beverage commission

[18:23] has those restrictions. On it.

[18:27] >> just so if they're not doing

[18:29] that now but they're tbhq

[18:32] permit allows it, can they come

[18:34] back later and decide to do

[18:36] that without coming back? Their

[18:38] permit would allow for that.

[18:40] Yes. Um this is only just a

[18:42] 1000 square foot space um 600

[18:44] plus so that will probably be

[18:46] taken up by equipment for um

[18:47] actually doing the the

[18:49] fermentation in the in the

[18:50] packaging so there's not a lot

[18:51] of room left really for any

[18:53] sort of um social gathering

[18:55] area or drinking establishment

[18:57] type operation because that's

[18:58] really not what the focus of

[18:59] the uses. Yeah.

[19:00] >> if it turned into something

[19:02] else we'd have to look at it

[19:03] differently and uh that could

[19:04] require some additional zoning

[19:06] approvals. Yeah it would of

[19:07] essentially turn it into.

[19:08] >> a. Wine bar at that point.

[19:08] Yeah.

[19:10] >> which is not what the not

[19:10] what the scope of the

[19:12] operation. Is and that and that

[19:14] use requires an sup so it

[19:15] couldn't just come in for a

[19:16] permit to become a wine bar

[19:18] without some sort of specific

[19:19] approval for that it would go

[19:20] through that kind of the same

[19:22] exact process again. Yeah,

[19:23] they.

[19:23] >> changed their scope. That

[19:28] could be very possible. But um

[19:30] can I talk about the for just a

[19:31] minute. The the. Parking

[19:32] because you know sure. After

[19:33] reading all these things I just

[19:36] want to. So each one of the

[19:37] businesses there have uh

[19:39] probably what about three spots

[19:42] in front of their place? More

[19:43] more or less. Yeah. So so and

[19:45] then and there's and so there's

[19:47] not going to be a lot of cars

[19:50] and we're not creating more

[19:52] space. The space is already

[19:54] there as it is and it's not

[19:57] changing the number of of um

[19:58] parking spaces that are needed.

[20:00] There's no place to go to

[20:02] create more parking spaces. Yes

[20:03] .No.

[20:05] >> I understand that. Yeah. I

[20:06] mean it's an existing property

[20:08] that uh let me back up to a

[20:09] little bit larger area map.

[20:09] Here in.

[20:11] >> the intent is not to have a

[20:12] whole lot of people there

[20:13] because it's there's not the

[20:15] space for it. Right.

[20:16] >> there's not the. Space and

[20:17] the the operation that's being

[20:19] done is not a retail type

[20:21] operation or a destination

[20:23] operation. Um many of the.

[20:24] Businesses that are in here I

[20:25] think that you would ask what

[20:27] you know, what businesses are

[20:28] in this kind of uh. In this

[20:30] property. Um, a lot of them are

[20:31] mostly industrial commercial

[20:35] type businesses. Um. There's a

[20:37] roofing play. Smurfit kappa has

[20:39] an operation there for some of

[20:40] their overflow stuff. Um.

[20:42] >> there's uh places that do

[20:44] uh, window tinting. Uh, there's

[20:46] a commercial driver's license

[20:48] school uh, and one of the

[20:49] operate one of the places is a

[20:50] hot tub uh, sales and service

[20:52] place, a swimming pool service

[20:53] store, uh, or service

[20:55] operation. Um.

[20:56] >> a lot of these are more

[20:57] contractor type things that are

[20:58] located in this facility

[21:00] because it's more geared

[21:01] towards that type of business

[21:02] and not really geared towards

[21:04] more of a retail type operation

[21:06] .Um, so but if this property

[21:07] were to completely redevelop at

[21:08] some point in the future and do

[21:10] something else then uh there's

[21:11] certainly be a good this time

[21:13] to discuss you know exactly how

[21:14] that would look. Uh, but

[21:15] there's not been any indication

[21:17] by the property owner to pursue

[21:19] that anytime in the near

[21:21] future. So what's here now is

[21:22] probably going to be here for

[21:22] for a.

[21:24] >> little. Bit longer for sure.

[21:26] And what we're looking at is a

[21:29] special development plan not an

[21:31] sup. Can you tell.

[21:32] >> us technically yes. Yeah

[21:33] but. Tell me the difference in

[21:36] those I guess. We've had jump

[21:36] in. I was.

[21:38] >> just I was just going to

[21:39] share my conversation. Yeah go

[21:39] ahead. Yes.

[21:40] >> so I was talking to the city

[21:42] attorney about this uh this

[21:42] project um like clayton

[21:43] mentioned, this is kind of a

[21:45] tool that we've used on similar

[21:46] case um, in the past one of the

[21:48] more recent examples was the um

[21:50] it was a motorcycle sales

[21:52] application use uh in the T.O.T

[21:55] that um it was withdrawn so you

[21:56] actually didn't consider that

[21:57] case but it was one that we

[21:58] kind of process through in the

[21:59] same manner we as a special

[22:00] development plan uh, a little

[22:02] bit different in that that we

[22:03] use was actually listed as not

[22:04] permitted this use is just not

[22:07] listed at all. Um so we had a

[22:08] question come up today about an

[22:10] sup versus an sdp and so in

[22:11] talking with the city attorney

[22:13] about um kind of the decision

[22:15] to go this route or if he had

[22:16] any concerns with this route

[22:18] versus an sup um, he indicated

[22:21] kind of that in order to move

[22:22] forward with an sup just like

[22:24] in a normal traditional zoning

[22:24] it has to be listed in the

[22:26] table of uses and it has to be

[22:28] listed um as permitted by a

[22:29] sup. So we have you know, in

[22:30] our normal table of uses we

[22:32] have permitted or we have

[22:33] permitted by sup um or the

[22:36] blanks are not permitted and so

[22:37] similarly here we have uses in

[22:38] the table that are listed as

[22:40] approved only by or allowed

[22:42] only by sup. We have a lot of

[22:43] other categories in T.O.T it's

[22:44] a little bit different than the

[22:46] normal one um road conditions

[22:49] and um various uh various

[22:50] categories but but some of them

[22:52] are permitted by sup only um

[22:54] this use I think there are a

[22:55] couple of routes that we could

[22:56] go. One would be that we could

[22:58] consider a tax revision to add

[23:00] that use into the table. Um and

[23:02] then at that time determine

[23:03] which zoning districts this

[23:05] type of use might be permitted

[23:07] either not permitted or

[23:08] permitted or permitted with

[23:10] conditions or permitted by as

[23:12] uap or sdp or or whatever kind

[23:14] of categorization we want to

[23:15] give to each district or each

[23:16] one of the character zones

[23:19] rather um and then the next

[23:20] step would be the applicant

[23:21] could then if it were

[23:22] determined that was something

[23:23] that was allowed by sup in that

[23:24] zone they could apply for the

[23:27] sup. This kind of combines us

[23:28] into one step. Um our

[23:29] conversation was kind of a this

[23:32] is really aligns almost with a

[23:35] pd uh in that it's kind of a uh

[23:37] creative tool in the in the

[23:38] text I don't have it in front

[23:40] of me but it kind of talks

[23:41] about in the the text related

[23:42] to special development plans in

[23:45] the tod uh zoning section about

[23:46] how this is allowed. This is

[23:48] kind of the the goal of this is

[23:49] to give some flexibility. Uh,

[23:50] there are some things to

[23:51] consider what you clayton

[23:53] outlined in the memo um, to

[23:55] kind of consider um, when the

[23:56] council's making that decision

[23:57] on whether they want to approve

[23:59] it as an sdp or not. But I

[24:01] think the the goal is really

[24:02] just to make sure it's kind of

[24:04] within the spirit of the tod in

[24:05] general as meeting the goals of

[24:09] the the zone. And um. I really

[24:10] wanted to read that to you.

[24:11] Hang on here. Um.

[24:14] >> so it says that they are uh,

[24:16] special development plans are

[24:18] intended to allow applicants

[24:19] development flexibility to

[24:20] address specific market

[24:21] opportunities and or contexts.

[24:24] And so we think about this this

[24:26] location uh, the specific

[24:28] building, the specific use um I

[24:30] think it fits in pretty well

[24:32] within that um surrounding

[24:34] properties. Um, and we felt

[24:36] like it was an appropriate

[24:37] avenue to let them move forward

[24:38] with the special development

[24:40] plan, which is really a one

[24:41] step process to come through

[24:42] pnc and city council rather

[24:44] than two different steps. I

[24:45] would say ultimately though,

[24:47] it's the same process in terms

[24:50] of notice hearings uh and

[24:51] consideration and action. So go

[24:52] through pnc and city council

[24:54] the same way a zoning change or

[24:57] an sup or any other kind of

[24:59] similar process. So it's really

[25:02] just a. Um kind of a little bit

[25:03] simpler stuff that we wrapped

[25:05] up into this one one step

[25:07] process. So know and I know one

[25:09] of the things you hear a lot on

[25:11] pnc training types right is

[25:14] like you said is not users. You

[25:17] know um and especially comes in

[25:19] I know in this up where once

[25:21] you've approved it you know the

[25:23] next the next person can have

[25:25] that the next user can have the

[25:27] same permit. Is that a similar

[25:32] kind of effect with the sdp? I

[25:34] would say. Yes it is um the way

[25:35] we've. Typically done that in

[25:37] the. Past though was not

[25:40] required. Um is we've put a um.

[25:42] Expiration clause in the in the

[25:43] standards um that says pretty

[25:45] much after three years um the.

[25:48] Approval expires. Um but the

[25:49] use can't continue if it lasts

[25:51] longer than three years but

[25:52] after the three year period it

[25:53] just becomes a non-conforming

[25:55] use just like any other use

[25:58] might. Um and so if they were

[26:00] to um after five years say they

[26:01] outgrew this space needed to

[26:03] move on somewhere else um. Or

[26:05] decided not to do it anymore

[26:06] um, there'd be like a six month

[26:07] window to where someone could

[26:09] come in and do the same thing.

[26:09] Um.

[26:11] >> to do the same thing here

[26:12] would mean doing.

[26:13] >> the same thing, you know,

[26:13] doing.

[26:15] >> you know, fermenting. Meat

[26:16] and bottling. And doing that in

[26:18] this new space. Uh, so it

[26:19] wouldn't that would not

[26:20] translate over into something

[26:22] outside of that scope, um, to

[26:24] where a taproom or wine bar or

[26:25] something else could catch on

[26:26] to that. And move.

[26:27] >> in in its place um, it would

[26:28] basically essentially be have

[26:30] to be the same type of use

[26:31] literally uh to to qualify for

[26:33] that. Um so and if that doesn't

[26:34] happen in six months then that

[26:35] approval just goes away and

[26:36] everything it expires and if

[26:37] someone wants to come do

[26:39] something similar or different

[26:40] they just go back through the.

[26:42] Process again. And so we do

[26:43] that with a lot of the special

[26:44] use permit and all the wing

[26:47] drone permits um a lot of the

[26:48] special uses for any kind of uh

[26:49] vape shops auto repair or

[26:50] anything like that all have

[26:51] that. Category that.

[26:52] >> all have that condition

[26:55] attached. To it, you know, um

[26:57] correct. Me if I'm if I'm wrong

[26:58] your. Uh.

[27:00] >> 400 square foot.

[27:03] >> of available space uh uh,

[27:05] outside of the equipment. The

[27:07] fire. Marshal is going to

[27:08] severely limit the number of

[27:09] people you can have in there

[27:11] anyway. Correct? Uh, I imagine

[27:12] that would be very much the

[27:14] case. Yes. Yeah. And in a place

[27:15] of the small that's primarily

[27:17] doing manufacturing, um, a

[27:18] little bit of office space is

[27:19] probably about all this left

[27:21] for that. Um and then if you

[27:23] know, if they were open and

[27:24] operating and you knew the

[27:26] owner and wanted to get a tour

[27:27] and have a look at what's going

[27:28] on and he offered you a free

[27:29] sample that's pretty much how

[27:31] the wine tasting kind of works.

[27:31] Um.

[27:33] >> the permit allows them to do

[27:35] that. Uh, the alcoholic

[27:36] beverage permit allows them to

[27:37] do that. So I was looking up a

[27:38] minute ago. Um.

[27:40] >> uh, does not require them to

[27:41] charge a fee for it. They can

[27:43] offer it for free. Um, but it

[27:45] doesn't have. A it's.

[27:46] >> not a place to where you

[27:47] could go and sit down, hang

[27:47] out. It's not.

[27:49] >> not the permit doesn't

[27:51] really address that. So it's

[27:53] different than what's on tap or

[27:56] different than. Foss island and

[27:58] .You might not know the

[27:59] answer.

[28:00] >> there's just a rough

[28:01] estimate the. Distance door to

[28:01] door from.

[28:03] >> that to the. First house up

[28:05] there. Um we.

[28:06] >> could probably figured that

[28:07] out and I don't. Want to.

[28:08] >> put a quick number on it. Do

[28:10] it. I run a quick number. On

[28:11] okay if you also to that.

[28:12] Convenience store up top if you

[28:15] can out this one right that one

[28:16] right there um door to door.

[28:17] >> to. That first house. Right

[28:21] there to sure. Um I can tell

[28:22] you from the school. Uh, that

[28:24] this uh this property here is a

[28:26] little bit over 300ft, uh,

[28:27] proper on the property line.

[28:29] This one is just slightly under

[28:30] 200ft from property line. A

[28:32] property line. But we'll we'll.

[28:33] >> check those door. Distances

[28:36] for you. Thank you. Uh. What's

[28:38] the city's process for

[28:39] unclassified uses? Um.

[28:41] >> in the rest of the zoning

[28:43] ordinance because it MAY make

[28:46] sense to kind of look at. Like

[28:48] making. Sure there's some. Way

[28:51] that the director can have some

[28:52] interpretation and then if

[28:54] there is a question that

[28:55] sometimes is brought to be in

[28:58] the council um, so that would

[29:01] be uh because not all uses will

[29:02] most probably be listed and as

[29:05] you kind of look at new uses

[29:06] that MAY be coming up, you want

[29:08] to have that. Um option so you

[29:11] don't want to be too tightly

[29:14] kind of controlled by. The code

[29:16] if. We do have that process

[29:17] built into the zoning

[29:19] ordinance. Um, the. Last one I

[29:21] can think of specifically um

[29:22] because I was thinking about it

[29:23] just the other day was the

[29:24] blood plasma centers. Um.

[29:26] >> so there was a plasma center

[29:27] on roofs? No that wanted to

[29:30] move in up next to the. Eco

[29:32] thrift right in that area right

[29:34] there and city boulevard um,

[29:36] that we the development

[29:37] committee talked about that

[29:39] quite a bit to see of what kind

[29:39] of category that might.

[29:41] >> fall under. Um.

[29:42] >> but we determined it was

[29:43] completely different type of

[29:44] use and then the other options

[29:46] that were available um, so they

[29:48] proposed uh, as part of an

[29:55] application uh, to add that use

[29:55] is a proposed use in the zoning

[29:55] ordinance, uh. With conditions

[29:56] attached to it and that process

[29:57] to amend the zoning ordinance

[29:59] before the city council um city

[30:01] council adopted that requires

[30:02] some. Special use permit and

[30:04] such. And then after that was

[30:05] approved they came in and

[30:05] applied for the special use

[30:07] permit to come forward. Um, so

[30:08] there's a there's a process for

[30:10] us to be able to do that if we

[30:11] can't figure out a way that it

[30:13] fits into, you know,

[30:14] functionally or operationally

[30:15] any other category that's

[30:16] similar, then that that option

[30:18] exists to be able to go through

[30:19] that process. So it's almost a

[30:21] two step type of thing. Um, I

[30:22] think that corey was.

[30:24] Mentioning um. To to look at it

[30:24] that specifically.

[30:26] >> yeah, my only concern with

[30:28] using the sdp is that there is

[30:30] no kind of actual physical

[30:32] concept land that's different

[30:34] or you know that that kind of

[30:37] need a different I know this is

[30:38] an existing building and site

[30:41] and the sdp was written I mean

[30:42] because I wrote it so I know

[30:44] the intent was to kind of if

[30:46] there is a different physical

[30:48] layout of the site that still

[30:50] meets the intent of the D.O.T.

[30:52] And this one uses the existing

[30:55] building and and sites. So

[30:57] that's my main concern that

[30:58] it's only for a use and really

[31:00] the better tool is to use an

[31:01] suv. I will.

[31:03] >> tell you on the um kind of

[31:03] interpretation of new and

[31:05] unlisted uses and and kind of

[31:07] all of this one of our kind of

[31:08] bigger upcoming projects over

[31:09] the winter is going to be. Kind

[31:11] of a full revamp of our table

[31:14] of uses. Um, the table uses and

[31:15] this um permitted use that the

[31:16] characters on will kind of go

[31:17] hand in hand. We'll look at

[31:19] those together. Um I think

[31:21] there will be probably. Just

[31:23] projects a pretty significant

[31:24] decrease in the number of

[31:25] individual uses a little bit

[31:27] broader categories and some um

[31:28] conditions kind of built in

[31:30] that lessen the number of sups.

[31:32] That's kind of the goal. Um but

[31:33] I think that a lot of these

[31:34] uses that we've seen that have

[31:36] come up that we've kind of use

[31:37] interpretations or kind of

[31:39] found what they align with more

[31:41] fully. Um, some of the newer

[31:44] uses um. We'll we'll try to

[31:45] capture as many of those as we

[31:46] can in.

[31:48] >> the new in the new updated.

[31:50] Table which will I'm sure will

[31:51] workshop multiple times with

[31:52] you all before we get to a kind

[31:53] of a final uh, consensus on

[31:55] that to get it to council. But

[31:56] that is. Not something that

[31:57] we're ignoring. It's on the

[31:58] it's on the radar and we have

[32:00] lots of ideas for things that

[32:01] need need to be fixed. Um and

[32:04] we MAY um I just was kind of

[32:05] rereading that classification

[32:06] I'm doing on the city section.

[32:08] We MAY look at maybe a slight

[32:09] modification just to kind of

[32:10] call out specifically what

[32:12] you're mentioning. Um, jay on

[32:14] the the interpretation so that

[32:15] not everything needs to come

[32:17] back through uh, to pnc for new

[32:19] uses if we can find a similar

[32:22] comparable intensity use. Well

[32:23] and also now with state law

[32:26] that requires you to notify

[32:28] properties that you make

[32:30] non-conforming, that's a bigger

[32:31] issue when you change some of

[32:32] that that's going to also

[32:34] affect that and you want to

[32:35] minimize that and that's made

[32:38] life more difficult for

[32:39] planners. Um.

[32:43] >> so going back one quick time

[32:45] to the how far is it from this.

[32:48] Space to first. House that's

[32:51] about 380ft. Walking distance

[32:52] from there to there plus or.

[32:53] Minus um from.

[32:54] >> the convenience store to

[33:00] there's about 670ft. So it's

[33:02] quick on the down again when

[33:04] you have multiple multiple.

[33:05] >> things to use. Yeah who

[33:09] knows where. Yeah I know how to

[33:10] use google measures on. Good

[33:13] mango. Let's good question

[33:13] thanks for asking.

[33:15] >> that any any other work

[33:18] session questions on this item.

[33:20] You got it on SEPTEMBER 4th.

[33:21] Yeah this was SEPTEMBER 14th.

[33:23] Also okay anything else on that

[33:25] one. That's all we have. All

[33:28] right thank you. Uh we'll go to

[33:30] item b is the future agenda

[33:31] items. Purpose of this item is

[33:33] to allow the planning and

[33:33] zoning commission to bring

[33:35] forward items or issues they

[33:38] wish you to discuss on future

[33:40] work session agendas. Does

[33:41] anyone have any proposals for

[33:45] future items to consider? All

[33:48] right seeing none there is no

[33:50] other business so we will begin

[33:54] our regular session at 7:10

[34:00] P.M..

[34:37] Good evening. Welcome to the

[34:38] north richland hills planning

[34:39] and zoning commission meeting.

[34:43] It is 7:11 P.M. And I call the

[34:45] thursday SEPTEMBER 3rd, 2026

[34:47] planning and zoning meeting to

[34:48] order a quorum of the planning

[34:50] and zoning meeting. A

[34:51] commission is present and the

[34:53] meeting has been posted in

[34:54] accordance to the texas open

[34:56] meetings act of the texas

[34:58] government code for the

[34:59] information of those attending

[35:01] the meeting or viewing online

[35:02] or on television. The planning

[35:04] and zoning commission includes

[35:07] seven regular members and two

[35:08] alternate members appointed by

[35:11] the city council. The alternate

[35:12] members MAY participate in

[35:13] discussion about agenda items,

[35:15] but they only vote on the items

[35:16] itself if a regular member is

[35:20] absent and I forget to kind of.

[35:20] I think.

[35:22] >> we're all regular members

[35:25] tonight so there we go. Um so

[35:27] we will not have any alternates

[35:30] uh, voting tonight. Um, at this

[35:31] time I would invite you to

[35:33] stand and join us as mike kirby

[35:34] leads us in the pledge of

[35:35] allegiance to the united states

[35:43] and texas flags.

[36:10] And thank you, mike. It will

[36:13] now go to item a2. Uh, this is

[36:14] the public comments portion of

[36:16] our agenda. Uh, this is an

[36:18] opportunity for citizens to

[36:19] address the planning and zoning

[36:20] commission on matters which are

[36:22] on the agenda but are not

[36:24] scheduled as a public hearing.

[36:26] Uh, is there anyone in the

[36:26] audience who would like to

[36:28] speak on an agenda item that is

[36:32] not listed as a public hearing?

[36:35] Uh, seeing none um, I will go

[36:36] ahead and close the public

[36:38] comments portion of our agenda

[36:42] and we will go to item b1. This

[36:44] is approving the minutes of the

[36:47] AUGUST 6th, 2026 planning and

[36:50] zoning commission meeting. I

[36:51] move that we approve the

[36:53] minutes of the AUGUST 6th 26

[36:55] planning and zoning commission

[36:57] meeting. I'll second. We got a

[36:59] motion from cheryl. Second from

[37:04] mike. Any discussion. Okay so

[37:08] we'll have a vote. So we're

[37:12] moving fast on. She's.

[37:25] >> on she's worked.

[37:27] And the

[37:32] motion passes 7 to 0. All right

[37:36] and we will go to item or c1.

[37:37] And I'm going to open the

[37:43] public hearing for case zc 20

[37:44] 6-0172 and we'll have clayton

[37:45] has been come and present the

[37:49] item to us. Thank you MR.

[37:50] Chair. Good evening. Commission

[37:52] uh this uh first application

[37:53] tonight is a zoning change.

[37:55] Request uh, from agricultural

[37:57] to r-1 single family. Uh, this

[38:01] is 1.92 acres at 7412 bercy

[38:01] road. Uh.

[38:03] >> this property is located on

[38:05] the south side of bercy road,

[38:07] uh, just east of london dairy

[38:10] uh, valley drive intersection.

[38:11] Uh, here on the south side of

[38:13] the road. Uh a little.

[38:14] >> bit closer view of that

[38:15] property uh, this almost two

[38:17] acre tract of land uh, this map

[38:18] shows a house on the property,

[38:18] but that house and, uh,

[38:19] swimming pool have been

[38:21] demolished from the site. Uh,

[38:22] so the site is currently

[38:24] vacant. Uh, but this does show

[38:24] the extent of that property

[38:29] there at that location. Uh,

[38:29] there's just some.

[38:30] >> views of the property, uh,

[38:32] from bercy road. Uh, these are

[38:34] google meet google images but

[38:35] relatively recent. So you can

[38:36] see the condition of the

[38:37] property without the the house

[38:38] on the site. And just.

[38:39] >> looking back from both

[38:42] corners. And this isn't an area

[38:44] that's designated for low

[38:45] density residential uh on the

[38:47] land use. Plan uh. You can see

[38:48] on the right hand side this is

[38:50] the zoning map there. So that

[38:51] green area, uh, where the

[38:52] property is currently zoned

[38:54] agricultural uh, it is proposed

[38:55] for r-1 single.

[38:57] >> family. Residential uh, for

[38:58] comparison purposes. Uh, the

[39:00] lots here to the east on the

[39:01] south side of bercy road. Those

[39:03] are all zoned r1 residential uh

[39:05] as is the the the londonderry.

[39:06] Edition uh.

[39:07] >> the other properties here to

[39:09] the south and kind of to the

[39:10] northeast of that are all zoned

[39:14] r-2. As the applicant is here

[39:15] this evening to address the

[39:16] commission and then we'll

[39:17] follow up with additional

[39:18] information and.

[39:19] Recommendations following that.

[39:21] Thank you. Clayton. Yes, sir.

[39:24] Uh, MR. Ricks, if you will

[39:26] state your name and address for

[39:27] the record and. We'll hear what

[39:29] you have to say. Uh, greg

[39:30] ricks, uh, you're my.

[39:32] >> home address for 1880. 802

[39:33] queens. Court.

[39:37] >> college station. Texas

[39:42] 77845. And then, uh, what do we

[39:44] got going on tonight? So I know

[39:46] he he gave his but you get the

[39:47] chance to tell your, uh.

[39:48] >> you know, I've got. This

[39:48] property.

[39:50] >> that surrounded. By

[39:53] residential. Uh, property. Is

[39:56] uh. Zoned residential and uh, I

[39:57] want to put a house on it. I

[40:00] know I raised pigs. You want to

[40:02] put a house on it to it now I

[40:03] don't want to. Oh, you don't

[40:04] want it? Oh, for the ag yeah.

[40:06] You said you did want to raise

[40:08] pigs. I know we we've been

[40:09] chickens but I don't know if we

[40:13] did pigs in town but um. So so

[40:14] y'all want to put a house there

[40:15] and they say you get it? Yeah,

[40:17] I zone it to plan it. I brought

[40:19] my plans just in case. Uh, you

[40:22] want my plans? I mean, it's up

[40:24] to you if you want to show us

[40:25] and otherwise we'll, uh. Yeah.

[40:28] >> we'll we'll see if anybody

[40:29] does anybody have any questions

[40:38] or. Details you want to know?

[40:44] All right.

[40:46] So this is the house

[40:48] y'all are going to put it on

[40:54] there yeah okay. I wish I knew

[40:57] how to read one of these yeah

[40:58] because the blueprints but yeah

[41:02] that's. That's where there's an

[41:03] excellent where it sits.

[41:07] >> on the block okay. That's

[41:11] probably more of our yeah. So

[41:14] you'll have uh all the

[41:19] appropriate setbacks and uh,

[41:20] all those kind of things I'm

[41:21] sure you had to work on. Yeah.

[41:24] >> so looks beautiful. Thank

[41:28] you for. Who you are, sir.

[41:37] >> thank you. Okay, good. And

[41:38] then commissioners, do y'all

[41:39] have any other questions for

[41:43] MR. Riggs? Tell me no. Once we

[41:45] change it then you can't call

[41:46] ag land or anything like that.

[41:50] >> you know. I know that you.

[41:52] All right? Well. Thank you.

[41:53] Hang tight. If there are any

[41:54] questions we'll we'll ask

[41:56] about, uh, clayton hill will

[41:57] come up and kind of talk with

[41:59] this a little more and then

[42:00] we'll we'll be able to get our

[42:01] vote on the the zoning change.

[42:02] Great.

[42:03] >> thanks. Thank you I

[42:07] appreciate you. Yes sir.

[42:08] >> excuse me.

[42:09] >> sir, just to summarize, uh,

[42:11] 1.92 acres currently zoned

[42:13] agricultural being proposed for

[42:15] r-1. Single family. Um, this is

[42:17] essentially a you'll we see

[42:18] this a lot uh, with older

[42:19] properties that are still zoned

[42:21] agricultural uh, that might be

[42:22] proposed for development, uh,

[42:23] oftentimes residential

[42:24] development. Um.

[42:26] >> there's a couple of things

[42:27] that come into play there. Um,

[42:29] uh, the agricultural district

[42:30] oddly enough doesn't permit

[42:31] single family. Residential

[42:33] uses. Um, so zoning change is

[42:35] necessary in order to be able

[42:35] to construct a house on a

[42:37] property. Um, and that zoning

[42:38] changes also usually required

[42:40] because uh, the property would

[42:41] need to be platted, which this

[42:43] one will as well. Um, and uh,

[42:44] this lot would not meet the

[42:45] agricultural district

[42:47] requirements. Um, so by

[42:49] rezoning to r-1 uh, that uh

[42:50] allows for the planning of the

[42:51] property would allow for this

[42:52] middle of a building permit for

[42:54] us to review um and certainly

[42:57] the the setbacks are much more

[42:57] generous in r-1.

[42:58] >> than they are.

[42:59] >> in agricultural. Um, so this

[43:00] is a pretty common process we

[43:02] see. But it's a necessary. Step

[43:04] often for, uh, people to be

[43:05] able to develop. Uh, a house on

[43:07] the property. Is to go through

[43:08] these two steps. Um, so.

[43:09] >> that's what this one is. Uh,

[43:11] it is recommended for approval.

[43:12] Um, and following your action,

[43:13] city council will see this.

[43:15] >> on SEPTEMBER the 14th. Um,

[43:16] so we are happy to answer any

[43:17] questions and the applicant's

[43:18] available if there's any more

[43:19] detailed questions that need to

[43:22] be addressed. And like you said

[43:23] this is something that I know

[43:26] we see at. Least up here right.

[43:27] We'll see it from time to time.

[43:28] But I know the first time I saw

[43:30] it it seemed kind of funny that

[43:31] you know, we have farmland in

[43:33] the middle of of town or

[43:34] something. You know that it's

[43:37] my understanding as as the city

[43:38] kind of incorporated more

[43:41] areas. We we left that ag as a

[43:44] placeholder there until we

[43:45] figured out what the land use

[43:47] is going to be around it, which

[43:49] r-1 is what we've done with

[43:50] with the surrounding area and

[43:52] as they come up then we rezone

[43:53] it and. Allow people to

[43:54] develop. Yeah.

[43:55] >> that's absolutely correct.

[43:56] Uh, when the properties get

[43:57] annexed into the city uh, when

[43:59] that was taking place, uh the

[44:00] default zoning that was applied

[44:02] was agricultural. And a lot of

[44:04] that was just to leave it in

[44:05] that holding pattern until uh,

[44:07] if you think back to the 1960s

[44:08] when a lot of properties are

[44:10] annexed, nobody knew what the

[44:11] north part of the city would

[44:12] look like. So they didn't want

[44:15] to presume zoning in place of

[44:16] something else that lifted

[44:17] agricultural. Um, so that way

[44:19] the market kind of determines

[44:20] what happens development

[44:22] patterns establish. And uh in

[44:23] this area certainly residential

[44:25] has become the predominant uh

[44:26] development pattern. Uh, so

[44:28] then it becomes a matter of

[44:29] choice on which zoning district

[44:30] will be appropriate for the

[44:32] given property. And that's what

[44:33] was chosen in this particular

[44:34] case. Okay.

[44:34] >> so this is one.

[44:36] >> of those last of last

[44:37] holdovers of uh agricultural

[44:38] property on this side of the

[44:40] street, uh, to be rezoned.

[44:41] Ultimately you would say that

[44:42] north vernon hills not have any

[44:43] agriculturally zoned properties

[44:44] because everything else would

[44:46] be in a in a district that's

[44:46] appropriate for.

[44:48] >> the. Development on site.

[44:50] But that MAY be long after I

[44:53] retire. So you're. Any other

[44:54] questions for clayton or the

[44:57] applicant? No.

[44:59] >> all right. Thank you.

[45:03] Clayton, uh, the public hearing

[45:07] is open for case zc 20 6-0172.

[45:08] Is there anyone that would like

[45:11] to speak on the item you MAY

[45:12] come forward or do we have any

[45:18] cards not for that one. So um

[45:19] all right so if we don't have

[45:22] anybody for that one then I

[45:26] will close the public hearing

[45:28] for this case and commissioners

[45:30] before I ask for a motion, do

[45:31] you have any clarifying

[45:33] questions or requests for more

[45:36] information? All right. So I

[45:39] will call for a motion on zc 20

[45:42] 6-0172. Make a motion that we.

[45:47] Approve zc. 20 6-0172..Second

[45:50] right motion from kyle a second

[45:54] from cheryl. Do we have any

[45:57] discussion? Yeah I'll.

[46:04] >> call for a vote.

[46:05] All right.

[46:07] And that recommendation for

[46:10] approval passes 7 to 0 and uh

[46:12] will be uh before the city

[46:15] council on SEPTEMBER 14th. So

[46:19] thank you very much, MR. Ricks.

[46:21] All right, now we'll go to item

[46:23] c2. Uh, will be opening the

[46:28] public hearing for case zc 20

[46:30] 6-0173 and we'll have clayton

[46:32] back to introduce the item to

[46:33] us. Thank you sir.

[46:34] >> uh, this uh next request is

[46:36] a special development plan for

[46:38] a winery. Uh, more specifically

[46:40] and meadery uh, this is on a

[46:41] property that's, uh, 8.3 acres

[46:44] in size, uh, in a building an

[46:46] 8204 northeast parkway. Uh, so

[46:48] the area highlighted in green

[46:49] is the entire tract of land,

[46:51] uh, associated with this, uh,

[46:52] application. Um, but the

[46:53] application itself is really

[46:55] subject to a smaller portion of

[46:56] the building here located 82

[46:58] a4. Uh, so just for context,

[46:59] uh, davis boulevard uh, here on

[47:01] the west side of the site uh

[47:03] adjacent to the uh tex rail

[47:05] line, uh and just north of main

[47:08] street. Uh, in that area there.

[47:09] A little bit closer.

[47:11] >> view of the site as you can

[47:12] see uh a little bit better

[47:13] context. Uh, here's the eight

[47:15] acre. Property uh, the site

[47:16] that's uh, will be part of the

[47:17] application that the applicant

[47:19] will explain the. Operations

[47:19] uh.

[47:21] >> here where the star areas in

[47:23] uh suite in that area there.

[47:24] Uh, so this is in the northern

[47:25] portion of the todd uh,

[47:27] smithfield todd and you can see

[47:29] some of the mix of uses in this

[47:31] area uh some newish some

[47:32] existing prior to that, uh, and

[47:34] then across davis boulevard, uh

[47:36] smithfield elementary school.

[47:39] Um, so. Looking if you. Turn on

[47:39] to.

[47:40] >> davis boulevard or.

[47:40] >> northeast park we. Have

[47:41] davis boulevard looking back

[47:43] that direction, uh you can see

[47:44] the uh uh commercial area on

[47:45] the south side residential on.

[47:48] >> the north and then as you

[47:49] turn. Uh, off. Northeast

[47:50] parkway into the site uh, this

[47:53] is the building at 8204 and

[47:54] then down at the end of that

[47:55] building is suite 124, which is

[47:56] what the application is.

[48:00] Associated with. Uh, if you

[48:01] turn back. Looking north.

[48:02] >> towards. Northeast parkway.

[48:04] Uh, 300 or so feet up a uh up

[48:06] the property uh northeast

[48:08] parkways there uh on at the end

[48:09] of that building and if you

[48:10] turn around the other way

[48:11] there's some adjacent

[48:12] commercial property. Uh.

[48:13] >> just to the south of that

[48:17] site. Uh, this.

[48:18] >> is an area designated uh.

[48:20] >> as urban. Village on the

[48:21] land use plan. Uh, this is uh,

[48:24] about a 200 plus acre area. Uh,

[48:25] I'll cover more of that in the

[48:26] staff report. Uh, for the tod

[48:28] for uh, smithfield area. Uh and

[48:29] the zoning on the right hand

[48:31] side, you see, is a, uh, this

[48:32] kind of bluish color, darker

[48:34] grayish color, uh, is the

[48:35] transit oriented development

[48:36] district associated with

[48:37] smithfield, uh.

[48:38] >> and you. Can see some

[48:39] adjacent to other zoning in

[48:41] that area. Uh, this is just.

[48:42] For a special development plan

[48:43] for the for the winery meadery.

[48:45] Uh, this is uh does not change

[48:46] the zoning of the property.

[48:47] >> this would just. Be

[48:48] considered for authorization of

[48:48] this use.

[48:52] >> at this site. And with that,

[48:53] the. Applicant is here this

[48:55] evening, uh, to make a

[48:56] presentation, uh, and discuss

[48:57] the, uh, project with the.

[48:59] Commission uh, when uh, the

[48:59] y'all are complete with that

[49:01] will follow up additional.

[49:02] >> information staff report.

[49:05] All right. Thank you sir, have

[49:08] the applicant come forward your

[49:09] name and address for the

[49:13] record. Good evening. Uh, my

[49:14] name is corey smith. Uh, my

[49:17] home address is. 6544 wakefield

[49:19] road, uh, here in

[49:22] north richland. Hills, texas.

[49:27] 76182. And, um, I'm I'm just

[49:30] here to present. Uh uh I'm

[49:32] probably over prepared for this

[49:34] but uh, best to do. That and

[49:37] otherwise. Um so I want to

[49:37] start a.

[49:40] >> small. Matter here in town.

[49:46] Um uh mead is uh um it's uh.

[49:47] Fermented beverage, um.

[49:49] >> kind. Of like wine. Instead

[49:52] of grapes I use honey. Um, and

[49:55] I'm proposing, uh. That I be

[49:57] allowed to manufacture and

[50:00] bottle. Uh, small batch. Mead

[50:00] on site.

[50:03] >> uh um it's. Uh.

[50:05] >> approximately 1200 square

[50:08] foot space. I'll be using.

[50:09] 600ft of it for the

[50:11] manufacture. Uh. The

[50:12] manufacturing portion the other

[50:14] half is. An office just where I

[50:17] plan to do administrative

[50:18] tasks. Um, so.

[50:20] >> the, uh the manufacturing

[50:21] site in question is.

[50:23] Approximately 600ft total. Um,

[50:25] I'm just. Asking to work with

[50:27] the city and obviously the

[50:28] state and federal government.

[50:30] To allow, uh. Me to participate

[50:33] and to manufacture. Um uh I

[50:35] will. Try to be as brief as

[50:36] possible. Um as as.

[50:38] >> I stated, the product is

[50:41] mead fermented honey, uh, water

[50:43] and yeast. Um will. Be made in.

[50:46] Small batches less than. 12

[50:46] gallons.

[50:46] >> per. Batch.

[50:49] >> um, with a. Scale

[50:51] appropriate to the size of the

[50:53] building. Um, I'm not looking

[50:57] to. Grow beyond um. Uh, you

[51:00] know, to uh, be the next miller

[51:03] or anything like that. But uh

[51:06] um, just to engage in

[51:06] manufacturing.

[51:09] >> a small. Scale, um.

[51:11] Manufacturer and bottling. No

[51:12] taproom? Um.

[51:15] >> no on-site consumption other

[51:19] than uh uh. What is allowed by

[51:21] the city and. Tabc known as

[51:23] tastings. But even the majority

[51:24] of those I plan to. Have

[51:25] offsite because.

[51:27] >> the facility is itself, as

[51:30] you've seen, rather industrial.

[51:32] Um, and I find that. Going to

[51:33] another winery and hosting.

[51:35] These sort of tastings would be

[51:39] more to my benefit anyway. Um,

[51:42] I plan. To market to local

[51:44] businesses. First um,

[51:44] spreading.

[51:46] >> out from there as as. Uh it

[51:50] takes root. Um but. Really

[51:52] participating in the.

[51:54] >> local economy as much as

[51:55] possible um. Purchasing from.

[51:57] >> local. Food markets. Um.

[52:00] >> the fruits, the honey. Uh

[52:01] any herbs that I use uh.

[52:03] >> would. Be purchased locally

[52:07] first. Um, and I.

[52:09] >> I don't want to really grow

[52:10] beyond the city that I live in

[52:14] anyway. Um, I live. Here my. My

[52:15] daughter. Goes to school here

[52:18] and. I'm, uh.

[52:19] >> I want to do business here

[52:22] as well. Um, a conceptual. Look

[52:26] at the space. This is just the

[52:28] 600 square foot warehouse. Uh,

[52:31] site, um. Approximately 120ft

[52:34] for a cooler fermentation room.

[52:36] Um, I will have, uh.

[52:38] >> at the very beginning only

[52:41] four individual. Fermenters uh,

[52:44] sized at 15 gallons, um, to.

[52:45] Account for head space above my

[52:49] 12. Gallon, um batch size. Uh,

[52:51] the rest of the. Site will be

[52:53] used for bottling. Packaging

[52:58] and dry storage. Um I have

[53:00] given the process. That I use.

[53:05] To for uh for production. Um,

[53:06] not sure. How many of you.

[53:08] >> might be interested in this.

[53:09] I'd be happy to talk about it

[53:12] at great length should you be

[53:17] willing to do so. Um, my.

[53:19] Intended start. My intended.

[53:20] Production start is

[53:23] approximately 1220. Gallons per

[53:24] quarter. Um, for.

[53:26] >> the first two quarters of

[53:29] operation. That's to allow me

[53:32] to. Properly size my recipe.

[53:34] Scale everything up. As, uh, as

[53:38] need be. Um. In preparation for

[53:40] our first production. Runs by

[53:41] my. Third quarter I plan to be.

[53:43] Making approximately 40 gallons

[53:44] per. Quarter and.

[53:45] >> that should persist for

[53:47] about the. Next five quarters.

[53:50] Um and then beyond that I, I

[53:53] have not. Gotten a solid

[53:54] business plan in place for

[53:56] beyond that I'm just looking to

[53:57] open the. Doors and get

[53:59] started. Um.

[54:00] >> I do believe the facility

[54:04] could scale to. Uh, 150.

[54:05] >> to 200 gallons per. Quarter.

[54:08] >> but that would be the top

[54:09] end for me anyway. If I'm

[54:10] making. That much I need to

[54:11] look into a.

[54:13] >> new a new bigger facility.

[54:13] Um.

[54:19] >> so my operations. From the.

[54:22] >> very beginning I um I'm

[54:26] super. Focused on preventing

[54:28] waste uh, preventing. Water

[54:33] waste especially. Um my.

[54:34] Fermentation process uses a lot

[54:37] of water. Um, so I already

[54:41] have, um. Operational processes

[54:44] in place to. Support.

[54:45] >> um.

[54:47] >> safe water consumption at.

[54:49] >> the facility., uh, along.

[54:51] With uh, compliance. With

[54:53] environmental standards, uh,

[54:55] above and beyond exceeding

[54:57] city. Uh environmental

[55:00] standards. And restraints. Um

[55:03] and I. Want to reiterate that

[55:07] the facility has nearly zero

[55:10] flat plan. Foot traffic. Um

[55:12] there's. Zero on-site

[55:17] consumption. Um any. Sale on

[55:17] premises.

[55:19] >> would be. By the bottle. And

[55:22] in a bag or box and to be.

[55:24] Carried off site I expect that

[55:26] to be less than 5%.

[55:29] >> of. My total sales, the

[55:30] majority of my. Sales coming

[55:34] from keg. Sales to local bars.

[55:37] Um other wineries. Um and uh

[55:40] going out to. Events uh. Rent

[55:43] fairs and the like. Um here in

[55:49] texas. Um I. I understand what

[55:50] kind of business I'm getting

[55:52] into. And the. Resistance that.

[55:55] >> that might bring. Um, but I

[55:57] want to. Assure everyone here

[56:00] that I intend to comply. With

[56:01] all of the layers of government

[56:04] that, uh. Weigh upon me. With a

[56:06] business like this. So, um. I

[56:08] urge you. Uh.

[56:10] >> to please feel free to ask.

[56:15] >> any questions. Um, I'm ready

[56:16] somewhat. And.

[56:18] >> uh, I look forward to your

[56:24] feedback. How long does that?

[56:25] Well, I can't remember the

[56:26] eight steps or so that process

[56:29] how long does that take from

[56:31] start to finish? So from the.

[56:33] >> day I first mix the

[56:33] ingredients until.

[56:37] >> the day I'm bottling. It's

[56:38] approximately. Three and a half

[56:42] months okay. And you and 20

[56:45] gallons uh like I'm trying to

[56:47] think scale of like how much

[56:48] you're going to have coming out

[56:51] of this uh, location but. So.

[56:53] >> uh, I was going to bring a

[56:55] bottle with me, um, just to

[56:56] show you the size of my

[56:57] bottles. But that doesn't

[56:58] really put into perspective how

[57:01] big the kegs are. Um, 20

[57:06] gallons is. Approximately 100.

[57:08] 500ml bottles. So think. About

[57:14] a, uh about a pint um, or so

[57:16] um, about. 100 pints. Okay.

[57:20] >> so I mean you're at at 200 a

[57:21] quarter we're not having like

[57:24] truck truckloads of mead coming

[57:28] out and um. I don't intend to I

[57:29] don't intend to block the.

[57:30] Other residents of this

[57:36] commercial park. Um, so, um, I.

[57:39] Should be able. To manage

[57:43] deliveries. Of any inbound like

[57:44] bottles, uh, any. Keg

[57:45] deliveries. In small box

[57:50] trucks? Um. Distribution is

[57:53] intended. Um. And they.

[57:55] >> you know, I have, uh, a

[57:59] small. Lift commercial lift

[58:00] style. Door on.

[58:03] >> the. Facility, um, and. The

[58:07] uh. The the. The medium sized

[58:10] uh, semis. Uh I think they're

[58:12] 27 foot. Um, they come back in.

[58:13] Pretty easily in that space

[58:17] but. Um, I intend no more.

[58:18] Obstruction than any of the

[58:19] other commercial businesses on

[58:20] the property. Okay.

[58:24] >> and uh, the tasting portion

[58:26] of this. Yeah. And it was like

[58:27] you said, it's got a lot a lot

[58:29] of feedback on that, but, uh,

[58:31] doesn't sound like it's going

[58:33] to be, you know, the kind of

[58:35] place where uh, the group is

[58:37] going to come and hang out on a

[58:38] saturday night and drink three

[58:40] bottles of mead and. Now.

[58:42] >> um, I'll be the first one to

[58:42] order them off. Yeah.

[58:43] >> um, the.

[58:47] >> tastings would be. Uh, I

[58:50] I'll have to I'll have to. Get

[58:51] clear with the tabc guidelines,

[58:54] but the tastings must be. Uh,

[58:56] it's less than a half an ounce.

[59:01] Um, and my abv. Ranges from.

[59:01] 5.5% to.

[59:04] >> 19% on the high end. Um, so

[59:05] it would be. Comparable with a

[59:08] wine. Tasting, but, um, I

[59:09] don't. Really intend to do.

[59:14] That on site. Um, unless, um,

[59:17] there's some. Specific event

[59:19] that I'm allowed to do. By

[59:20] this. By the council.

[59:22] >> and and the city. Um um I've

[59:24] already. Set up to do most of

[59:26] this stuff off site. I've got a

[59:27] friend up in keller that runs a

[59:29] winery. Um, and.

[59:31] >> he's agreed to let me use.

[59:31] His his.

[59:33] >> room for these events. So.

[59:34] >> um.

[59:35] >> I'm looking.

[59:36] >> to do as much away from

[59:37] this.

[59:39] >> site as possible. It's just

[59:41] purely for utilitarian

[59:44] purposes. Any other questions

[59:46] for the. The applicant that you

[59:50] guys have for. Clayton this is.

[59:51] The one question I have is how

[59:53] many employees will you have at

[59:55] this location? One just. Me

[59:58] okay. I intend. To have people

[1:00:02] there on site on like bottling

[1:00:06] day. Um there MAY be up to 3 or

[1:00:08] 4 people helping. Me on. Just 1

[1:00:11] or 2 days over a weekend. Um,

[1:00:12] the weekend. Traffic at this

[1:00:14] facility is already light. Most

[1:00:15] of. These businesses.

[1:00:17] >> are monday through friday.

[1:00:21] Um I have. Two allocated

[1:00:24] parking spaces. On the site.

[1:00:25] And I don't intend to go beyond

[1:00:28] that. If we place.

[1:00:31] >> a condition that any kind of

[1:00:33] testing light anything that's

[1:00:34] beyond just like the occasional

[1:00:37] one will not occur on the site

[1:00:39] and if that is going to be an

[1:00:40] ongoing thing that's something

[1:00:42] you can come back and request

[1:00:43] additional approval for. Is

[1:00:45] that something. That would.

[1:00:50] >> be okay with? So um. A

[1:00:52] provisional restriction on

[1:00:53] tastings of any kind on the

[1:00:55] site, is that. What you're

[1:00:56] saying? Well, I mean beyond

[1:00:58] just maybe for your wholesalers

[1:00:58] or.

[1:01:00] >> you know. We don't want the

[1:01:02] general public to be coming in

[1:01:03] there for tastings like a wine

[1:01:07] bar. So uh yeah. Yes, 100%. I

[1:01:10] agree with that. It's there's.

[1:01:12] I'm not really going to be set

[1:01:13] up for that. Um.

[1:01:15] >> if a distributor wants.

[1:01:17] >> to come and meet. With me.

[1:01:18] Probably not going to meet at

[1:01:20] the. Site either. Um, we MAY.

[1:01:22] Go over there and visit to. To

[1:01:23] have them look at what I'm

[1:01:24] doing. But this.

[1:01:26] >> is this is not a site.

[1:01:28] That's intended for. Showing

[1:01:30] off. They're going to have

[1:01:30] tours.

[1:01:34] >> and. I mean 50 bucks ahead.

[1:01:39] Sure okay. Very good. Any other

[1:01:41] questions for the applicant.

[1:01:43] All right. Corey thank you

[1:01:45] thank you. Uh we'll have

[1:01:46] clayton present and just hang

[1:01:46] tight. We MAY have more

[1:01:47] questions.

[1:01:53] >> for you later but.

[1:01:55] Uh okay.

[1:01:55] >> so just.

[1:01:57] >> a, um, summary.

[1:01:58] >> of uh, what we're looking

[1:02:00] at, uh, this request to add the

[1:02:02] winery for this. Uh, special.

[1:02:03] Development plan, uh.

[1:02:05] >> this. 88.3 acre site, uh,

[1:02:08] one smaller and I think I heard

[1:02:08] 1200.

[1:02:10] >> square feet, 1200. 1200

[1:02:11] square feet. Okay. Thank you.

[1:02:13] Uh, we had measured out about

[1:02:15] 1000ft. Um, so just a point,

[1:02:17] uh, to bring up the the

[1:02:18] proposed conditions and

[1:02:19] standards that are included

[1:02:20] with the packet, uh, campus

[1:02:22] square footage of 1000ft

[1:02:23] because we figured this was

[1:02:26] about 900 or so. Um, so if, uh,

[1:02:28] there is a motion to approve

[1:02:30] this and pass it along to city

[1:02:31] council, I'd like to bump that

[1:02:32] number up to at least 1200

[1:02:33] square feet on that cap on the

[1:02:34] square footage. Um.

[1:02:35] >> just so we don't, uh, box

[1:02:37] that in and necessarily. Um.

[1:02:39] >> so we have 1000ft here.

[1:02:40] That was just our estimate off

[1:02:42] of the site plan off the space

[1:02:43] plan that was there. So uh,

[1:02:45] we'll say 1200 square foot area

[1:02:49] for that particular suite. Um,

[1:02:49] I've included this.

[1:02:51] >> uh, discussed this is the

[1:02:52] work session. Um, I think there

[1:02:54] was some. Uh uh a lot of the

[1:02:55] correspondence that we received

[1:02:57] regarding this I think MAY have

[1:02:58] been a misunderstanding about

[1:02:59] the scope of the project and

[1:03:00] condition in the relationship

[1:03:01] to.

[1:03:03] >> the property. Uh, because we

[1:03:05] include uh uh, when we send out

[1:03:06] notifications for zoning cases

[1:03:08] ,um, that we're required to

[1:03:09] use. Basically the property

[1:03:11] boundaries for that. Uh, so

[1:03:13] this is a eight acre site, um,

[1:03:15] that we were using for the

[1:03:17] notification area. Um, so the

[1:03:18] site is there in the in the

[1:03:19] hatched area uh, the larger

[1:03:21] blue line is the notification

[1:03:22] area. So every property within

[1:03:25] that uh or touches that we sent

[1:03:26] out public notice on for this

[1:03:27] particular public hearing

[1:03:29] tonight um even though the the

[1:03:32] site itself is just a small. Uh

[1:03:34] 1200 square foot area there uh

[1:03:36] ,identified by the green box.

[1:03:37] Uh, so we think there might

[1:03:38] have been some a little bit

[1:03:39] misunderstanding about what the

[1:03:40] scope of that is compared to

[1:03:41] what the operation was. Um, so

[1:03:42] we wanted to provide this just

[1:03:44] for informational purposes. Uh,

[1:03:45] tonight, uh, just in case

[1:03:46] where. Questions came. Up about

[1:03:49] that. Um.

[1:03:50] >> so this property is in the

[1:03:52] tod district. Uh, this is the

[1:03:53] regulating plan, uh, for the

[1:03:55] smithfield tod. Uh, this is a

[1:03:57] 200 plus acre area. Uh, the

[1:03:59] site the under consideration

[1:04:00] here where the green star is is

[1:04:02] up there in northeast parkway.

[1:04:04] Um, there are. Multiple

[1:04:05] character zones, uh, in this

[1:04:07] area. Uh, primarily everything

[1:04:08] on the east side of davis

[1:04:10] boulevard is in a mixed. Use

[1:04:11] general mixed use area. Um, so

[1:04:13] that's intended for a very wide

[1:04:14] range of uses. It could include

[1:04:16] things from retail, office,

[1:04:18] residential, uh, some

[1:04:20] industrial type operations uh,

[1:04:21] very broad mix of things. Uh

[1:04:23] and if you've uh been out in

[1:04:25] that site you'll see some older

[1:04:26] industrial areas here, some

[1:04:28] newer uh residential areas

[1:04:29] being constructed across from

[1:04:31] this. Area uh some newer

[1:04:33] industrial or newer commercial

[1:04:34] retail and residential there in

[1:04:35] the south portion of the site

[1:04:37] uh and some activity there and

[1:04:39] other spots along the west side

[1:04:40] of davis boulevard. Uh but

[1:04:42] bottom line is this is a very

[1:04:44] large uh, mixed use intended to

[1:04:46] be mixed use area, um, for

[1:04:47] trying to encourage new

[1:04:49] development but also trying to

[1:04:51] ensure that existing uses are

[1:04:52] able to continue along in this

[1:04:54] uh, within the tod district uh,

[1:04:56] and to uh, you know, allow

[1:04:57] other improvements and things

[1:04:58] to be made over this over the

[1:05:00] course of time, uh, and prior

[1:05:01] to any kind of other

[1:05:03] redevelopment that might occur.

[1:05:04] Uh, but this is the regulating

[1:05:05] plan that ties in as well with

[1:05:06] the, uh, the zoning district

[1:05:09] for the tod. So if you look on

[1:05:10] the zoning map, this area is

[1:05:12] all zoned uh, for that tod area

[1:05:15] .Um, there was.

[1:05:16] >> some references to the

[1:05:17] alcoholic beverage codes we've

[1:05:18] provided some maps just

[1:05:19] showing, uh, those standards

[1:05:21] here. Um, the city's code, uh,

[1:05:22] which mirrors the state

[1:05:23] alcoholic beverage commission

[1:05:24] code, uh, does have

[1:05:25] requirements distance

[1:05:27] requirements from uh

[1:05:28] establishments that might sell

[1:05:30] alcoholic beverages uh, either

[1:05:32] from churches and um public

[1:05:33] hospitals and also from public

[1:05:35] and private schools. Um so

[1:05:37] under the current codes, uh the

[1:05:38] there is a distance

[1:05:40] requirement. For uh, uh

[1:05:41] properties that.

[1:05:42] >> might have an establishment

[1:05:44] that sells alcoholic beverages.

[1:05:45] Uh, from from a school

[1:05:47] property. Uh that minimum

[1:05:48] requirement is 300ft and. So

[1:05:50] that's a. Property line a.

[1:05:52] Property line uh, measurement.

[1:05:53] Uh, so if you were to look at

[1:05:54] the site under consideration

[1:05:56] here on northeast parkway and

[1:05:57] compare that to the property

[1:05:58] where smithfield elementary

[1:06:00] school is on the other side of

[1:06:01] davis boulevard. Uh, it's a

[1:06:03] little over 560ft as the crow

[1:06:04] flies from property. Land

[1:06:06] property line. Uh, so it does

[1:06:08] exceed that 300 foot. Distance

[1:06:09] um. Even though it's not

[1:06:10] affected here. Um, if there

[1:06:12] were a church in this area or a

[1:06:13] daycare center or a public

[1:06:15] hospital um that 300 foot

[1:06:17] distance does apply but the

[1:06:18] measurement is different. Uh,

[1:06:20] that is measured from door to

[1:06:21] door from those two

[1:06:22] establishments. Um, the only

[1:06:23] one that is uh property line

[1:06:24] the property line is to.

[1:06:25] >> a school. And so that's what

[1:06:26] we've shown here on.

[1:06:26] >> this. Particular map.

[1:06:29] >> and then for additional.

[1:06:31] Reference uh, there are other

[1:06:32] existing alcohol permits within

[1:06:34] this area. Uh there are two uh

[1:06:36] gas station convenience stores

[1:06:37] there at the corner at

[1:06:38] northeast parkway. Uh they both

[1:06:39] have uh permits that would

[1:06:41] allow for basically beer and

[1:06:43] wine sales package sales uh,

[1:06:44] not for on premise. Consumption

[1:06:46] .. Uh, but for carryout uh,

[1:06:48] same with the uh the breaktime

[1:06:50] uh, convenience store there at

[1:06:52] smithfield and main street uh,

[1:06:53] there in that southwestern

[1:06:54] portion of the. Property and

[1:06:56] then back for barbecue has a

[1:06:58] mixed beverage permit for their

[1:06:59] operations there at that

[1:07:00] particular restaurant. Uh, so

[1:07:01] just. For comparative purposes,

[1:07:02] those are the existing permits

[1:07:04] that are within that area. Uh,

[1:07:05] this would be a different type

[1:07:06] of permit but similar in

[1:07:09] operation. Um.

[1:07:10] >> so. Following your.

[1:07:11] >> action tonight the.

[1:07:12] >> city council will consider

[1:07:14] us on SEPTEMBER 14th. Uh, we're

[1:07:16] happy to answer any questions

[1:07:17] uh, prior to the public hearing

[1:07:18] or address any questions that

[1:07:20] might come up during the public

[1:07:20] hearing. Uh.

[1:07:26] >> if there are any. All right.

[1:07:27] Like you.

[1:07:28] >> any questions? Just.

[1:07:30] >> uh, quite nice a question.

[1:07:32] >> on one question here. Um, do

[1:07:33] you happen to know what the

[1:07:34] occupancy rate is of that

[1:07:37] industrial park? Um, uh. I

[1:07:38] don't I'm sorry. We don't know

[1:07:40] what the are the occupancy of

[1:07:41] it. Um, we have driven through

[1:07:43] it several times over the last

[1:07:44] couple of weeks. Um.

[1:07:45] >> there are there are a number

[1:07:46] of businesses that are

[1:07:48] operating out of that area, uh,

[1:07:49] number of codes that do exist

[1:07:52] there for a wide range of uses.

[1:07:54] Uh a lot of commercial uses um

[1:07:56] service types of operations. Um

[1:07:58] woodworking shops, um

[1:07:59] warehousing um services that

[1:08:01] provide for hot tubs and pools

[1:08:03] and things of that nature. Um

[1:08:04] it looks like it's pretty. Well

[1:08:06] occupied but uh there's not a

[1:08:07] lot of signage. In the

[1:08:08] development. Um.

[1:08:09] >> this is not really a

[1:08:10] destination type of uh,

[1:08:12] property. Um, so there's not

[1:08:13] usually a lot of signage

[1:08:14] associated with that. So there

[1:08:15] there are probably people

[1:08:16] operating on that that. Just

[1:08:17] don't. Pay for uh exterior

[1:08:19] signage. Um. But uh, we don't

[1:08:20] know the exact. Uh.

[1:08:23] >> occupancy for it, but but

[1:08:24] there are quite a number of

[1:08:25] businesses currently there.

[1:08:30] Thank you ma'am. Excuse me.

[1:08:32] Goodness was. Beyond spot a

[1:08:34] little bit. Uh. I'm ready for

[1:08:38] it. Thank uh, why are we're.

[1:08:40] Talking about. Making sure. Or

[1:08:41] possible.

[1:08:42] >> have an. Exemption where

[1:08:42] there is no tasting.

[1:08:44] >> area they. Want to.

[1:08:45] >> make sure that we protect uh

[1:08:47] MR.. Right now for sure. Are

[1:08:48] there any unintended.

[1:08:49] Consequences you can think.

[1:08:50] >> of off top of your. Head

[1:08:51] about. Uh.

[1:08:53] >> if that restriction could

[1:08:55] cause. Something the uh,

[1:08:56] restriction on tastings. Yes.

[1:08:59] >> um. The only thing I. Can

[1:09:00] offer on that is, uh, that's

[1:09:01] not something that's covered

[1:09:03] under the city codes for that.

[1:09:05] Um, usually that's.

[1:09:06] >> part of the operation that

[1:09:07] you would get, uh, when they

[1:09:08] apply for their permit from

[1:09:09] alcoholic beverage commission.

[1:09:11] Uh, they apply for the winery

[1:09:12] permit in this case, uh, and

[1:09:14] there are allowances under that

[1:09:16] license and permit to be able

[1:09:18] to do certain things and some

[1:09:20] of those things are tastings.

[1:09:20] Um.

[1:09:22] >> so that's not a. Not

[1:09:22] something.

[1:09:23] >> that's. Covered under the

[1:09:25] city code to allow for restrict

[1:09:26] those that's completely the

[1:09:28] alcoholic beverage controls the

[1:09:30] operations of those things. Uh.

[1:09:31] >> what the zoning would

[1:09:33] provide for is is this

[1:09:34] particular use authorized

[1:09:36] there. Uh and then that

[1:09:38] function. In conjunction with

[1:09:39] whatever the permit from the

[1:09:41] state would allow. For um. I

[1:09:42] think the closest quarterly I

[1:09:44] can think of are uh, drone

[1:09:46] operations that wing is doing.

[1:09:46] Um.

[1:09:47] >> the the zoning that's

[1:09:49] permitted for that basically

[1:09:51] sets up the conditions for the

[1:09:51] site improvements where they

[1:09:53] can be located. You know, those

[1:09:54] require special zoning

[1:09:55] approvals. But once.

[1:09:56] >> the drone leaves the air

[1:09:58] that drone falls under the faa

[1:10:00] type of uh regulation and not

[1:10:02] city regulation. Um, so this is

[1:10:04] kind of a similar type of

[1:10:05] situation to where the use

[1:10:07] could be permitted but the

[1:10:09] operations of how they function

[1:10:11] the business, uh, and the

[1:10:11] things that are permitted under

[1:10:12] that permit would fall under

[1:10:13] the alcoholic. Beverage

[1:10:15] commission control. So there.

[1:10:16] >> could be it could. Be a

[1:10:17] condition that could be

[1:10:18] attached that uh ultimately

[1:10:21] could uh just be. Um

[1:10:21] unenforceable.

[1:10:23] >> by the city since that's not

[1:10:24] the city's jurisdiction. Okay.

[1:10:27] >> well bigger concern is

[1:10:29] really on the parking, right?

[1:10:30] Because sure, when they have

[1:10:32] the public coming in and the

[1:10:33] parking becomes. Tight and

[1:10:34] that's really the issue that

[1:10:38] I'm looking at as a consequence

[1:10:40] of that activity being well, I

[1:10:42] mean we control land uses that

[1:10:43] deal with people coming in and

[1:10:46] out whether it's retail or you

[1:10:48] know, industrial. And the fact

[1:10:49] is that since they only have

[1:10:52] two parking spaces, I really

[1:10:54] think that's where I'm looking

[1:10:56] at seeing that we don't want to

[1:10:57] have a lot of that in and out

[1:11:00] traffic. And we are not trying

[1:11:02] to control what the tabc uh,

[1:11:03] license would allow them to do.

[1:11:05] But it's more of the external

[1:11:07] uh, externality of people

[1:11:10] coming in and the impact on the

[1:11:13] parking is why I'm kind of

[1:11:15] putting that uh, trying to put

[1:11:17] that limitation. Makes sense on

[1:11:20] a um.

[1:11:22] >> I think cheryl and jim

[1:11:24] didn't..

[1:11:27] >> oh, okay. So really. You're

[1:11:30] um. Retail part of it would

[1:11:32] just be for people to come by

[1:11:36] individual bottles. So that. So

[1:11:39] that sounds more than the.

[1:11:41] Tasting but you're not

[1:11:42] expecting a lot. I mean, your

[1:11:44] door would be knocked down by

[1:11:46] hundreds of people to come by.

[1:11:49] No. Not at all. Um, in fact. I

[1:11:50] don't even intend to have.

[1:11:53] >> the. Doors unlocked. For

[1:11:53] the.

[1:11:55] >> majority of the week..

[1:11:56] >> um, maybe in.

[1:11:57] >> off. Hours.

[1:11:59] >> but most of my. Individual

[1:12:02] bottle sales would be. Hey, I

[1:12:03] want to come by and get. Uh,

[1:12:04] get a couple of bottles. I want

[1:12:05] to take them to a wedding or. I

[1:12:07] want to, you. Know, buy a

[1:12:08] couple for my. You know, my

[1:12:10] cousins. Or whatever. It's it's

[1:12:12] not the intended. Primary sale,

[1:12:15] uh, approach for my business.

[1:12:16] Um, I'm going.

[1:12:18] >> to be putting the majority

[1:12:19] of my. Product in kegs.

[1:12:21] >> to sell to local businesses.

[1:12:23] And you said when you do a

[1:12:25] tasting the permit tabc permit

[1:12:26] allows you to do you said an

[1:12:28] ounce and a half. It's uh I

[1:12:29] think it's under a half ounce

[1:12:30] for the tasting.

[1:12:31] >> I'd have to review that to

[1:12:32] be sure, but I believe it's.

[1:12:35] >> under a half ounce and even

[1:12:37] then I don't I don't I don't

[1:12:39] intend to bring. People to this

[1:12:41] to this site for for tastings.

[1:12:43] Um, if I'm in dire straits. And

[1:12:45] somebody just has to come by

[1:12:49] um, and I need to follow I can.

[1:12:51] File anything you need. Um.

[1:12:52] Absolutely, but I do I do. Not

[1:12:53] intend.

[1:12:55] >> to have, uh. Official

[1:12:56] tastings here. Right.

[1:12:58] >> and part of it we discussed

[1:13:00] in the the work session and I

[1:13:02] think some of the feedback in

[1:13:02] our. Uh.

[1:13:04] >> from the community brought

[1:13:07] it up to but as we do a

[1:13:09] development plan or a. Special

[1:13:11] use. Permit, which is what this

[1:13:13] is but um, part of what we have

[1:13:15] to think of is. You know,

[1:13:17] you've created the uh, use that

[1:13:20] happens in that area. Um, you

[1:13:21] don't open it to the public

[1:13:24] sounds like necessarily um. But

[1:13:25] the next person not saying that

[1:13:27] you're going anywhere but we

[1:13:28] have to think that way. You

[1:13:29] know, if the next person who

[1:13:32] comes in to do that use um, you

[1:13:33] know, we have to.

[1:13:35] >> think. Of how they would do

[1:13:38] but and then uh, kind of jump

[1:13:39] in between the two of you. But

[1:13:41] but clayton, it sounds like is

[1:13:44] your answer to to kyle. Um,

[1:13:46] it's kind of murky as to what

[1:13:50] the zoning uh, is able to

[1:13:52] regulate in terms of the

[1:13:54] activities to that degree I

[1:13:56] guess the operations of the

[1:13:57] use. Yeah, that's. That's

[1:13:58] correct. Um, the alcoholic

[1:14:01] beverage. Commission um,

[1:14:02] controls. Pretty much.

[1:14:04] >> all of the operations how

[1:14:05] they. How they. How they do.

[1:14:06] >> the things how they bottle

[1:14:07] of the stuff how they store

[1:14:08] their materials, how they

[1:14:09] market it, how they sell it,

[1:14:10] how they label it, those sorts

[1:14:12] of things. Um, those are

[1:14:13] outside of the city's control

[1:14:14] because that's controlled by

[1:14:15] the by different government

[1:14:18] agency at the state level. Um,

[1:14:19] other. Things that we would

[1:14:20] look at too, um, for this

[1:14:22] particular type thing I mean

[1:14:24] this winery is essentially sort

[1:14:26] of a um. Manufacturing type of

[1:14:28] operation which is kind of how

[1:14:29] we've been viewing it is this

[1:14:30] application has been. Forward

[1:14:32] um. Not viewing it as a.

[1:14:34] Drinking establishment or a

[1:14:35] retail store or anything like

[1:14:37] that. So we were looking at it

[1:14:38] more as a production facility,

[1:14:40] uh, which is what the winery

[1:14:41] permit really is from the from.

[1:14:42] >> the state. Um. And not

[1:14:44] necessarily a retail type

[1:14:45] operation. Um.

[1:14:48] >> uh it's hard to the winery

[1:14:49] permit can cover something this

[1:14:50] small and also construct you

[1:14:52] know, something as large as you

[1:14:53] know, hundreds of acres in

[1:14:54] grapevine. Texas um, to be able

[1:14:55] to do that. So those activities

[1:14:57] are vastly different in scale.

[1:14:59] Um, but this is more of a

[1:15:01] production., uh, manufacturing

[1:15:03] .Industrial type of operation

[1:15:03] more than anything.

[1:15:05] >> else at the site. And that's

[1:15:06] kind of how we view that

[1:15:08] basically on a land use. Issue

[1:15:10] and a. Parking situation. Uh,

[1:15:12] and just the general use of the

[1:15:13] property. So that's.

[1:15:14] >> that's been our focus on

[1:15:16] that is outside of the. Uh

[1:15:18] those operations if that. Helps

[1:15:19] address.

[1:15:19] >> some of.

[1:15:20] >> those issues. He did we

[1:15:26] enter your. Okay sorry. Uh, one

[1:15:29] thing I was I'm just kind of

[1:15:32] curious on this, uh, you know,

[1:15:34] with the tod and that general

[1:15:36] mixed use zoning and and, uh,

[1:15:39] kind of the I guess the vision

[1:15:42] 2030 aspect of all of this, um,

[1:15:45] is is that industrial park kind

[1:15:47] of the vision for that? I know

[1:15:49] we don't like developed land,

[1:15:53] but is that long term kind of

[1:15:54] the vision for this area? Would

[1:15:57] it be an industrial park or. Um

[1:15:59] ,I think if you if you.

[1:16:02] Basically take this um concept

[1:16:04] this um regulating plan and

[1:16:06] look at that is uh kind of the

[1:16:08] guiding idea of what that area

[1:16:10] should be. Um certainly it's

[1:16:12] not going to be something that

[1:16:13] occurs overnight that all this

[1:16:15] property suddenly becomes um,

[1:16:16] you know, a larger mixed use

[1:16:19] area but uh, is properties. Um,

[1:16:21] uh. Might redevelop. Uh there

[1:16:23] could be a point to where this

[1:16:23] property owner decides that

[1:16:24] they want to do something

[1:16:26] different to the property. Um,

[1:16:27] this. Is not related to this

[1:16:29] this application but a number

[1:16:30] of years ago I would say with

[1:16:31] probably 7 or 8 years. Ago.

[1:16:33] >> um, the previous property

[1:16:34] owner had thought about making

[1:16:36] some upgrades to the site. Um

[1:16:39] it was. More um. Site

[1:16:40] improvements, esthetic

[1:16:41] improvements to try to bring

[1:16:42] the property a little bit

[1:16:43] closer to compliance. But there

[1:16:44] wasn't a lot of changes about

[1:16:46] the actually uses the property.

[1:16:47] um, so it was still kind of

[1:16:48] geared towards this more

[1:16:50] commercialized operation. Um.

[1:16:52] >> so we're not aware that this

[1:16:53] current property owner has any

[1:16:55] plans to do that. Um, that's

[1:16:56] certainly something they could

[1:16:58] consider. Um, and we would use

[1:16:59] the guidelines in the T.O.T

[1:16:59] district to kind.

[1:17:00] >> of. Help them. Along with

[1:17:02] that. Um, but. You know,

[1:17:03] overall as you know these

[1:17:04] properties build out you know,

[1:17:05] this is a very, very long.

[1:17:06] Range plan uh, for.

[1:17:09] >> the tod area. Um, so it's

[1:17:09] something that.

[1:17:11] >> could happen in the future.

[1:17:12] Um, for this site or. Property

[1:17:14] south of this if the you know,

[1:17:15] the timing is. Right the the

[1:17:17] the you know if all the things

[1:17:18] line up appropriately for it

[1:17:20] and they decide to do that then

[1:17:22] there is a easy. Generally and.

[1:17:24] >> easy process to get through

[1:17:25] that to be able to redevelop

[1:17:27] site. Yeah I mean I think the

[1:17:28] whole like what we've got on

[1:17:31] the the screen there I like it

[1:17:33] I know there's there's a lot

[1:17:34] happening or that has been

[1:17:36] discussed around the the

[1:17:38] station and and uh main street

[1:17:41] uh character zone and um I

[1:17:42] could just see this being a

[1:17:44] really really cool area in the

[1:17:46] city and um. Yeah.

[1:17:48] >> I guess not necessarily an

[1:17:49] entertainment district next to

[1:17:51] the to the houses there which I

[1:17:52] think is what what a lot of

[1:17:53] people were fearing um I.

[1:17:54] >> think a lot of the comments.

[1:17:55] Were geared towards that. Yes.

[1:17:56] Yeah.

[1:17:58] >> um so.

[1:18:00] >> but but that's I guess was

[1:18:01] something I was just curious

[1:18:03] about as far as the the tod

[1:18:05] but. A lot of the focus that

[1:18:07] we've seen uh of course, you

[1:18:09] know in the southern western

[1:18:10] portion of it you know around

[1:18:11] holiday land a lot of

[1:18:11] residential developments

[1:18:13] occurred over there in the last

[1:18:14] ten years. Um.

[1:18:16] >> some stuff here along

[1:18:18] smithfield road. So this area

[1:18:19] here you're seeing a. Lot of,

[1:18:21] uh. Activity um, some new.

[1:18:22] Construction down here just

[1:18:23] south of the city's boulevard

[1:18:25] with the new building. The

[1:18:26] starbucks and the construction.

[1:18:28] Down the there at uh, bridge

[1:18:29] street. Um.

[1:18:30] >> new residential development

[1:18:32] golden grove over in this area.

[1:18:33] Um, uh.

[1:18:34] >> rick figaro has been

[1:18:35] developing quite a bit

[1:18:36] redeveloping his properties in.

[1:18:37] >> this. Area too. So there's.

[1:18:38] >> a lot of. Little pieces

[1:18:40] that. Are um., happening over

[1:18:42] there. Um, so there's some.

[1:18:44] Gravity I guess taking. Place

[1:18:46] and for. That um, so. You know,

[1:18:48] as those things. Happen and uh.

[1:18:49] >> it kind of. Guides. Future.

[1:18:50] Development decisions somebody

[1:18:55] might make. All right. Any

[1:18:57] other questions? Yeah. There's

[1:19:00] a approximately 100,000ft like

[1:19:01] if you take all the four

[1:19:03] buildings if each building is

[1:19:07] what 20. 400 yeah. Off if you

[1:19:08] take all five buildings on that

[1:19:10] side it's about 100 and. Uh

[1:19:12] there's one show not shown here

[1:19:13] this kind of off to the side

[1:19:14] that's an irrigation company.

[1:19:16] It's about. 116,000ft total.

[1:19:18] >> building space. Well, and I

[1:19:20] mean even at like 50% occupancy

[1:19:22] that's a lot of existing uses

[1:19:23] that are not most probably

[1:19:25] going to go away anytime soon

[1:19:27] and you don't want. To close

[1:19:28] the cash flowing business and

[1:19:29] you definitely want to

[1:19:34] encourage uh, local uh small

[1:19:35] manufacturing uses like the one

[1:19:38] that's being proposed. But a

[1:19:39] lot of small businesses in this

[1:19:46] facility. Or or. This this um

[1:19:48] this request is no. Different

[1:19:49] than. If you move just south

[1:19:51] and said the same smithfield.

[1:19:53] Planning area. Uh, this is the

[1:19:55] same request that somebody like

[1:19:55] keyworth would have had to put

[1:19:58] in to. Facilitate their

[1:20:00] correct. It's exactly the same

[1:20:00] process.

[1:20:02] >> yes, sir. Just so that we're

[1:20:03] staying consistent as.

[1:20:05] >> a board. That's the exact

[1:20:06] same request that would have

[1:20:06] been put in.

[1:20:09] >> down there. In the same.

[1:20:10] Development area if you will.

[1:20:11] Yes.

[1:20:12] >> yeah keyworth is a little

[1:20:13] bit different type of operation

[1:20:15] .Uh they have a different kind

[1:20:16] of license from the. State and.

[1:20:17] They are. You know.

[1:20:19] >> they do brew work there but

[1:20:20] they also. You know are a.

[1:20:22] Place to where you. Can much

[1:20:23] like falls idle is another part

[1:20:25] of. Town you can go. There to

[1:20:27] actually you know. Drink at the

[1:20:28] location. Yeah it's it's set up

[1:20:29] for. That from.

[1:20:30] >> a but the but the. Process

[1:20:30] standpoint exactly.

[1:20:38] >> the same yes sir okay well.

[1:20:39] Commissioners before I ask for

[1:20:41] any uh for a motion are there

[1:20:42] any other clarifying questions

[1:20:44] or requests. For input?

[1:20:46] >> oh sorry we haven't done

[1:20:47] the. Public hearing yet I don't

[1:20:48] think have we oh. Yes that's

[1:20:50] good okay so I didn't miss

[1:20:50] that.

[1:20:53] >> during all the other stuff.

[1:20:54] So before we do that we're

[1:20:56] going to do the public hearing

[1:20:56] .

[1:21:01] >> uh so. Let me get my

[1:21:01] verbiage here.

[1:21:06] >> so we'll now uh the public

[1:21:10] hearing is open for case zc 20

[1:21:15] 6-0163 um and is there anyone

[1:21:17] who would like to speak on the

[1:21:19] item? Uh you can come forward

[1:21:21] now state your name and record

[1:21:23] for the and or for the uh name

[1:21:28] and address for the record.

[1:21:29] Here I'm bobby gomez I.

[1:21:32] >> live at 7714 sable lane in

[1:21:33] north richland hills uh, which

[1:21:35] is not near this development

[1:21:36] but adjacent to the tods. I'm

[1:21:38] always very excited to talk

[1:21:38] about the todd it's.

[1:21:41] >> a. Big reason why I moved

[1:21:42] here. Uh, this.

[1:21:43] >> is a cool development. I'm

[1:21:44] in support of it. I think it's

[1:21:47] a good thing to do. Um I. Also

[1:21:48] I was I misunderstood uh,

[1:21:50] posting and so I was thinking

[1:21:51] this was going to be a full

[1:21:52] eight acre development and I

[1:21:53] was like this could be cool,

[1:21:55] but we'd have to do a whole lot

[1:21:56] more than what I saw on the

[1:21:58] space plan. Um, so if you guys

[1:21:59] read that email that I sent in

[1:22:00] you can.

[1:22:01] >> probably. Disregard 90% of

[1:22:03] that. But I would love to see a

[1:22:04] large development here with

[1:22:06] some good tod stuff going on

[1:22:08] that could include a meadery. I

[1:22:10] think that'd be awesome. Um

[1:22:12] yeah. Uh the one thing I will

[1:22:15] say um is that the the memo

[1:22:17] says that the planning zoning

[1:22:19] commission and the council will

[1:22:20] consider the the extent to.

[1:22:22] >> which. The application meets

[1:22:23] the following and then it's got

[1:22:24] five bullets that I won't read

[1:22:26] out. Um, but I think this only

[1:22:28] really meets two of those um,

[1:22:30] in that it's similar to the

[1:22:31] current uses uh, and that it

[1:22:33] doesn't inhibit a future

[1:22:35] development to be uh more

[1:22:36] intense but it doesn't really

[1:22:38] meet the purpose or the goals

[1:22:40] of the tod. Right. That's to be

[1:22:42] a walkable mixed use space and

[1:22:43] this is a very small thing. So

[1:22:44] that's why I still think this

[1:22:45] is a great idea. I'm still in

[1:22:47] support of this. Uh, but I will

[1:22:49] make that statement of how this

[1:22:50] doesn't necessarily meet those

[1:22:51] five goals at least that are

[1:22:54] listed out in the memo. Uh, but

[1:22:56] that's it. Thank you guys so

[1:22:57] much. Thank you.

[1:23:00] >> I forgot to ask do we have

[1:23:02] any other any cards or

[1:23:04] anything. People I was the only

[1:23:05] one anybody else who would like

[1:23:09] to speak on this item? All

[1:23:12] right. Seeing nobody else to

[1:23:14] come forward, we will, uh,

[1:23:16] close the public hearing and,

[1:23:19] uh, now, commissioners, before

[1:23:22] I ask for a motion, do you have

[1:23:22] any clarifying questions or

[1:23:23] requests for. Additional

[1:23:26] information? All right. Now

[1:23:27] we'll call for a motion on item

[1:23:33] c two. I move that we approve

[1:23:42] cc 26 0173. Is uh with the uh

[1:23:46] addition of or the exception of

[1:23:48] 1200ft instead of a thousand.

[1:23:53] I'll second. All right. We got

[1:23:54] a motion from cheryl, a second

[1:23:58] from mike. Uh.

[1:24:00] >> actually I had.

[1:24:01] >> a question about like maybe

[1:24:03] a friendly amendment to the

[1:24:06] motion to kind of, uh, limit

[1:24:09] the retail kind of activity,

[1:24:11] um, and keep it more of as a

[1:24:13] manufacturing use and if any of

[1:24:15] that changes, they'd have to

[1:24:18] come back. All right, let me uh

[1:24:20] we I know we had a meeting

[1:24:21] about. Robert's rules of. Order

[1:24:23] once, so so she's motion we've

[1:24:25] got a motion and now we have an

[1:24:28] a proposed amendment. So when

[1:24:28] do I do which.

[1:24:30] >> on that. Even do that? Yeah.

[1:24:32] >> when when can we uh yeah.

[1:24:34] >> the motion has been made and

[1:24:35] seconded. Um.

[1:24:37] >> the friendly amendment can

[1:24:38] be offered in the. Person that

[1:24:38] made the.

[1:24:39] >> motion. And can accept that

[1:24:40] amendment and.

[1:24:41] >> uh, the person that second

[1:24:43] and can agree with that. Um and

[1:24:45] just my. Understanding of it um

[1:24:45] and.

[1:24:47] >> if they don't agree with

[1:24:48] that then the amendment can be

[1:24:48] added to the.

[1:24:49] >> motion..

[1:24:50] >> but if they agree with the

[1:24:51] amendment and then then it can

[1:24:53] be. Added to the motion. And I

[1:24:54] think during discussion you can

[1:24:56] like add and then we have to

[1:24:58] vote on vote on those things

[1:25:00] and then. Not I don't. Think

[1:25:01] you have to vote on the.

[1:25:02] Amendment but if it's a

[1:25:03] friendly amendment the.

[1:25:03] Amendment yeah.

[1:25:06] >> but I have a question though

[1:25:08] you said like for instance with

[1:25:09] the zoning the tabc took over.

[1:25:13] Can we even control that like

[1:25:14] restricting where there's not

[1:25:18] retail? Because that's what

[1:25:20] you're asking right? Yeah. So

[1:25:22] can we say only manufacturing

[1:25:24] and not retail because if we

[1:25:26] can't do that for zoning

[1:25:33] there's no sense in.

[1:25:38] Uh winery

[1:25:41] permit under. Tabc allows the

[1:25:42] holder of the permit to

[1:25:44] manufacture bottle label and

[1:25:46] package. Wine containing not

[1:25:48] more than 20%. Alcohol by

[1:25:50] volume. Uh. Manufacture fruit

[1:25:53] brandy, sell. Wine to ultimate

[1:25:55] customers. Um for consumption

[1:25:57] on the premises or if and

[1:25:59] broken packages off premises.

[1:26:01] Um sell the wine outside the

[1:26:03] state blend wines. Dispense

[1:26:05] free wine for consumption on

[1:26:07] the premises. Um purchase and

[1:26:09] import folders. Um purchase.

[1:26:10] >> and import wine from the

[1:26:12] holder of a nonresidential

[1:26:13] seller's permit. That's a

[1:26:15] different thing. Um, and.

[1:26:17] >> they MAY conduct samplings

[1:26:19] and tasting at a retailers

[1:26:22] business. And sell wine to

[1:26:24] ultimate consumers for

[1:26:25] consumption on or off the

[1:26:26] premises and dispense free wine

[1:26:27] for consumption. Off and.

[1:26:28] >> on the premises. Um.

[1:26:30] >> so there are some allowances

[1:26:31] it looks like at least on that

[1:26:33] brief reading of the. Permit

[1:26:34] requirements and or tbc that

[1:26:36] they are allowed under that uh

[1:26:38] under that permit to be able to

[1:26:40] sell. Um that. To customers on

[1:26:43] the premises. So you could go

[1:26:44] in and buy.

[1:26:45] >> a bottle at the. Site under

[1:26:47] that permit. Okay.

[1:26:48] >> so we can't I mean there's

[1:26:50] no point in doing the amendment

[1:26:53] because we can't enforce that.

[1:26:53] Um.

[1:26:55] >> I don't know if adding a

[1:26:56] restriction that prohibits

[1:26:57] retail sales on the site would

[1:26:58] be anything that we'd be able

[1:26:59] to. Enforce.

[1:27:00] >> uh, since that would be

[1:27:02] permitted by the. Permit, you

[1:27:03] MAY have. Something you want

[1:27:04] to.

[1:27:09] >> add to that to. I was just

[1:27:10] going to remind everybody that

[1:27:11] this isn't like final action on

[1:27:12] this item. It still has to go

[1:27:13] before the city council. And so

[1:27:14] I think we have a couple of

[1:27:15] avenues if there's something

[1:27:16] that you recommend as part of

[1:27:17] your motion that we determine

[1:27:18] uh through kind of legal

[1:27:20] counsel or for whatever reason

[1:27:22] that is not appropriate, we can

[1:27:23] make that uh, disclaimer to the

[1:27:24] city council kind of give them

[1:27:27] that advice. Uh, additionally,

[1:27:28] if you wanted to make a motion

[1:27:29] without that we can certainly

[1:27:30] share that feedback with the

[1:27:32] city council to ask if they

[1:27:33] would like to include it in

[1:27:34] their motion, um, assuming that

[1:27:37] it's appropriate to do so. So I

[1:27:38] just wanted to kind of remind

[1:27:39] you we still have another

[1:27:40] meeting and an opportunity to

[1:27:41] kind of where this. Is only.

[1:27:43] >> a recommendation. Council

[1:27:44] will. Approve or.

[1:27:46] >> if you made a recommendation

[1:27:47] and there was something that we

[1:27:48] felt like was going to be a

[1:27:49] problem from a legal standpoint

[1:27:51] or was going to maybe the

[1:27:52] applicant has some time to

[1:27:53] think about it that it might

[1:27:54] impact their business in some

[1:27:56] manner. We could certainly kind

[1:27:57] of bring that up with the city

[1:27:58] council at the meeting in a

[1:28:02] couple of weeks. So I hear you

[1:28:03] saying you don't want to amend

[1:28:05] your motion. I guess. I'm just

[1:28:08] confused if we so are you

[1:28:09] saying we should do it even

[1:28:11] though the pbc would say are

[1:28:14] you saying pass it as it is and

[1:28:16] you talked to legal and I

[1:28:17] think. She's because they

[1:28:18] there's a couple they don't

[1:28:21] tell us what to motion I guess

[1:28:22] but she's saying if we want to

[1:28:26] we can but if if uh the legal

[1:28:27] opinion is that that doesn't

[1:28:29] really fly or council decides

[1:28:31] they don't want to they can

[1:28:31] they can always change it

[1:28:33] whenever they. Okay I just

[1:28:35] withdraw my amendment because

[1:28:36] it's getting too confusing and

[1:28:38] I don't have an issue. I was

[1:28:40] only trying to address the

[1:28:43] neighbors concerns about it and

[1:28:46] that was my. Attempt at kind of

[1:28:47] addressing that. And I don't

[1:28:49] have an issue with the use of

[1:28:50] they want to do that and it's

[1:28:52] after hours. There's a plenty

[1:28:53] of parking that's not a big

[1:28:56] issue but so I'm just going to

[1:29:01] withdraw. So we have a motion

[1:29:04] from cheryl a second from mike

[1:29:06] I was as susie was about two

[1:29:08] seconds so got into discussion.

[1:29:11] So now any discussion. All

[1:29:14] right thank you. First of all

[1:29:16] I'm just saying this because

[1:29:17] I've been trying to process

[1:29:19] this whole thing. Okay what.

[1:29:22] The meter. Is not it is not a

[1:29:24] taproom. It is not a wine bar.

[1:29:25] It's not a place where people

[1:29:26] are going to be going and

[1:29:28] having a party, okay? It's

[1:29:30] going to be a place where this

[1:29:31] gentleman who lives in our

[1:29:33] community wants to manufacture

[1:29:35] some meat meadery wine made

[1:29:39] with honey using. Local people

[1:29:41] in our community to buy his

[1:29:43] herbs and his honey. I mean

[1:29:45] what a great culture that.

[1:29:49] Promotes holy cow I love it. It

[1:29:50] is not it. We have to

[1:29:51] understand the difference

[1:29:53] between a wine bar and a

[1:29:55] tasting. A tasting less than a

[1:29:57] half an ounce is to see if you

[1:29:58] like it and want to buy it by

[1:30:01] the bottle. He's not selling by

[1:30:04] the glass. I think that's the

[1:30:05] hang up here. Okay, that's my

[1:30:07] opinion. I like the idea that

[1:30:10] it is local using local um it

[1:30:11] does bring a sense of culture

[1:30:14] that you know yes. It's not

[1:30:16] walkability as far as a tod but

[1:30:18] me and this is a start this.

[1:30:19] >> is a.

[1:30:21] >> this is a huge start. It's a

[1:30:23] small place 1200 square feet

[1:30:26] with 600ft. We have to think

[1:30:27] realistically what this looks

[1:30:29] like. It's it's not it's at the

[1:30:32] end of the building. It's

[1:30:34] there. It's not going to be a

[1:30:35] place that hundreds of people

[1:30:37] are going to be coming to on a

[1:30:38] daily basis. That's not his

[1:30:40] intent. He explained his intent

[1:30:42] what he wants to do, he wants

[1:30:44] to make some mean and give it

[1:30:47] to some people. Not a lot of

[1:30:50] people, some people. So I think

[1:30:51] we need to be realistic and

[1:30:54] thinking about that. Um and

[1:30:56] then um. If he was wanting to

[1:30:58] have some kind of big retail he

[1:30:59] would have chosen a different

[1:31:01] location. He wants to

[1:31:03] manufacture it there. So I

[1:31:05] think it's wonderful. Thank

[1:31:11] you. You know, we might.

[1:31:12] >> have some. People watching

[1:31:15] for the next vote but uh. My

[1:31:16] only problem I know. We talked

[1:31:17] about restrictions and I was.

[1:31:18] >> off the table.

[1:31:19] >> my only problem.

[1:31:20] >> with restrictions is. Uh.

[1:31:24] >> it could handicap. You if,

[1:31:25] uh, in a way that if somebody.

[1:31:26] Comes in and says hey, I'm

[1:31:28] about to go to a wedding. Uh, I

[1:31:29] want to I.

[1:31:30] >> want to buy four bottles of

[1:31:31] this, but I want to taste it

[1:31:32] first. Um, you know, those are

[1:31:33] the unintended consequences we

[1:31:35] don't want to put anybody in.

[1:31:36] Uh, so I thought the

[1:31:37] presentation was great. Uh.

[1:31:39] >> I think a business plan is

[1:31:41] great. So. Uh, that was that.

[1:31:42] >> was my only concern with

[1:31:43] the.

[1:31:46] >> uh. With, uh. Adding some

[1:31:47] restrictions on there. I just

[1:31:48] don't want put you in a

[1:31:49] position where it might cause

[1:31:56] some some problems.

[1:31:57] Yeah.

[1:32:00] >> I, uh I mean. Uh.

[1:32:03] >> similar as far as on the

[1:32:07] motion the the uh I get where

[1:32:09] you're coming from and I think

[1:32:11] it was worth looking at. Um,

[1:32:13] but also do you think there's

[1:32:14] going to be some difficulty

[1:32:16] with enforceability and then

[1:32:19] also I think any time we we do

[1:32:20] things we always want to make

[1:32:21] sure of the unintended

[1:32:24] consequences. Um, when we got

[1:32:26] the packet last week I mean I

[1:32:28] had a lot of similar concerns

[1:32:30] to what was expressed in those

[1:32:31] emails as far as kind of not

[1:32:32] knowing exactly what was

[1:32:35] involved. Um, with the whole

[1:32:37] uh, playing here um, the

[1:32:39] distance from the school I

[1:32:41] didn't even think about the um

[1:32:42] the convenience stores actually

[1:32:45] being, you know, half as close

[1:32:47] uh, and then and then kind of

[1:32:49] hearing the nature of it um, in

[1:32:52] terms of uh that this is not

[1:32:55] necessarily a retail uh,

[1:32:57] establishment. Um, does does it

[1:32:59] seem to change it? Did you seem

[1:33:00] like a guy that just really

[1:33:03] likes me and uh, like uh, as

[1:33:06] this is developing um, I mean,

[1:33:08] you almost were saying it's not

[1:33:09] as much of a financial ambition

[1:33:11] even is just you're going to

[1:33:13] kind of see this thing, you

[1:33:14] know, see what you can do with

[1:33:18] it. And uh, and so I think as

[1:33:19] far as this user uh, there's

[1:33:21] that and I think the way this

[1:33:22] is structured from what we were

[1:33:23] talking about in the work

[1:33:24] session as far.

[1:33:26] >> as. Um it's not something

[1:33:28] where. Uh somebody else could

[1:33:30] come in under this development

[1:33:32] plan and and then change it

[1:33:35] into a wine bar or um,

[1:33:36] something that that's more

[1:33:37] like, uh what would be

[1:33:38] detrimental to that

[1:33:41] neighborhood but um so I do

[1:33:42] feel a lot better about it now

[1:33:46] but um, I don't see any other

[1:33:48] lights but we'll we'll do one

[1:33:50] more ask if there's any

[1:33:53] comments or discussion. All

[1:33:55] right so I will call for the

[1:34:01] vote.

[1:34:02] Yeah.

[1:34:13] >> well well. I. All right and

[1:34:15] the recommendation for approval

[1:34:17] with conditions regarding the

[1:34:20] square footage um passes and

[1:34:22] that will go to council on

[1:34:25] SEPTEMBER 14th. Um with that

[1:34:27] this concludes tonight's agenda

[1:34:28] and there being no other

[1:34:36] business we are adjourned.

Planning and Zoning Commission on 2026-09-03 6:30 PM

Agenda

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