1 00:02:06,290 --> 00:02:07,190 Good evening. 2 00:02:09,710 --> 00:02:16,650 It is 6.32 PM, and I'm going to call the Thursday, September 3rd, 2026, planning and zoning work session. 3 00:02:17,810 --> 00:02:25,650 Order, a quorum of the planning and zoning commission is present, and the meeting has been posted in accordance with the Texas Open meetings act of the Texas Government Code. 4 00:02:26,610 --> 00:02:31,370 So at this time we'll have staff come forward and discuss the items on tonight's work session agenda. 5 00:02:31,370 --> 00:02:31,970 So 6 00:02:35,780 --> 00:02:41,280 before we get into the items for this evening, I have a couple of just community announcements here, just a reminder, 7 00:02:41,560 --> 00:02:47,540 Labor Day. The city hall is closed on Monday. There are a couple of adjustments for a transfer of cycling days. 8 00:02:48,660 --> 00:02:53,320 Other facilities, though listed on the screen there, in our H2O, in our H3O, in our H3O, in our H3O, in the our schools, 9 00:02:53,460 --> 00:02:57,200 of course, will be open, of course, look at the website for holiday hours. 10 00:02:59,220 --> 00:03:03,180 Also coming up, we have next week, the September 11th, 11 00:03:03,180 --> 00:03:07,020 with ceremony that we have here every year at City Hall. 12 00:03:07,140 --> 00:03:10,920 You saw driving in probably the flags that were placed out on the lawn. 13 00:03:12,040 --> 00:03:14,400 That is scheduled to begin at 9.11 a.m. 14 00:03:14,400 --> 00:03:18,140 I would arrive earlier than that to get a seat if you would like to attend. 15 00:03:18,740 --> 00:03:22,720 It's just a really nice service that are afraid of permanent police department put on here. 16 00:03:26,140 --> 00:03:30,860 The following week, a Monday, we have this, Clayton tells me it's pronounced voice saggy. 17 00:03:32,080 --> 00:03:33,220 On some sort of ensemble. 18 00:03:33,220 --> 00:03:38,660 And I think it could be correct, sorry if it's not celebrating culture series probably should 19 00:03:38,660 --> 00:03:40,220 attend and maybe learn a bit more about it. 20 00:03:40,240 --> 00:03:44,500 I might be able to learn how it is actually pronounced, but that's kind of the cool thing 21 00:03:44,500 --> 00:03:46,980 that we do with these different celebrating culture series. 22 00:03:47,080 --> 00:03:51,520 We get exposed to things that we're not using every day and that's also a free event that 23 00:03:51,520 --> 00:03:53,580 Monday at 6 p.m. at the library. 24 00:03:56,390 --> 00:04:04,930 The heart of NIH community awards is a new program that was announced as part of part of the 25 00:04:04,930 --> 00:04:11,310 council in the last meeting. This is kind of taking the place of what was the typical business 26 00:04:11,310 --> 00:04:15,030 appreciation lunch. We're still going to have that lunch and give some recognition to the 27 00:04:15,030 --> 00:04:21,550 businesses, but also kind of expand at this year out into a more community-wide words 28 00:04:21,550 --> 00:04:28,290 recognition, lunch and so there are different categories where nominations will be accepted for 29 00:04:28,290 --> 00:04:32,730 the rest about almost the rest of this month through the 25th for those categories that you see on the 30 00:04:32,730 --> 00:04:38,250 screen there, a citizen of the year of all interior of the year board commission member of the year 31 00:04:38,250 --> 00:04:44,190 and a business of the year and so those nominations will come in, there will be, if it hasn't 32 00:04:44,190 --> 00:04:48,550 been already formed, a selection committee that will kind of look through those and those awards 33 00:04:48,550 --> 00:04:54,050 will be given out at that event. So we had some requests from Council to find different ways to 34 00:04:54,050 --> 00:04:58,910 recognize people and this is one of the things that was proposed and they accepted and discussed 35 00:04:58,910 --> 00:04:59,950 and they're the last... 36 00:05:00,000 --> 00:05:06,280 So, it'll be a fun change this year to kind of expand it out beyond the traditional businesses. 37 00:05:08,390 --> 00:05:18,010 And just a couple other things. Then kind of hit or miss on whether it give you an update at the meeting on previous action taken by the city council and items that came before you. 38 00:05:18,130 --> 00:05:23,370 So just to kind of keep you on the loop for those of you that haven't followed or watched those city council meetings. 39 00:05:24,230 --> 00:05:28,770 The Smithville Terrace Plan Development, which was the residential housing project proposed by 40 00:05:28,770 --> 00:05:35,110 Sandland, which was a Smithfield and he was approved by the City Council. 41 00:05:36,130 --> 00:05:40,130 The small sliders, SUP, that came before you, also was approved by the City Council. 42 00:05:40,950 --> 00:05:43,990 And at that same meeting, the Accessory Structural and Shady Group that you had seen kind 43 00:05:43,990 --> 00:05:47,790 of all together in that packet of items was also approved by the City Council. 44 00:05:48,310 --> 00:05:51,570 And then just for reference at the last meeting here in the work session, I talked about 45 00:05:51,570 --> 00:05:55,050 tax revision that we're working on to bring back to you. Obviously that's on your agenda this 46 00:05:55,050 --> 00:06:00,550 evening. It is slated for September the 17th though and that was just for those I think you 47 00:06:00,550 --> 00:06:04,530 will maybe all are here but just as a tax revision to try to do a little bit of cleanup to bring 48 00:06:04,530 --> 00:06:10,010 the city's code in line with the state law. Building materials references, home occupations 49 00:06:10,010 --> 00:06:15,070 rules that have shifted over the last couple of sessions so it's really just a post legislative 50 00:06:15,070 --> 00:06:19,050 session cleanup and then going forward we'll have one of those each year after a legislative session 51 00:06:19,050 --> 00:06:23,530 to do any cleanup kind of more timely than letting it light out a little bit. 52 00:06:24,670 --> 00:06:29,990 So that is all I have this evening, let's see if we have any questions on any of those. 53 00:06:31,090 --> 00:06:36,270 Did they change that application, the sign line, I mean, the, the field, the test? 54 00:06:36,730 --> 00:06:40,230 There weren't any changes in the approved packet that was approved by Council from what was 55 00:06:40,230 --> 00:06:41,410 proposed here. 56 00:06:44,660 --> 00:06:45,300 I'm trying to over to play. 57 00:06:51,080 --> 00:06:51,940 What's soggy? 58 00:06:55,200 --> 00:06:57,620 Are we a lot of samurai novels that ever seen that words? 59 00:06:58,740 --> 00:07:02,400 All right, so tonight there's two zoning cases on the agenda. 60 00:07:02,900 --> 00:07:06,620 Sorry, I have allergies, so bear with me on that one. 61 00:07:07,320 --> 00:07:11,000 First zoning application is for agricultural R1, single family. 62 00:07:11,100 --> 00:07:12,780 This is on Mercy Road, 7412. 63 00:07:13,920 --> 00:07:16,960 It's almost two acres of property, so it's on the south side of the road 64 00:07:18,260 --> 00:07:22,640 between Douglas Lane and Hunter Lane in that area there, 65 00:07:23,000 --> 00:07:25,980 just west of East of Valley Drive. 66 00:07:26,700 --> 00:07:27,420 So this is a property. 67 00:07:27,860 --> 00:07:28,920 There was a house on there. 68 00:07:28,940 --> 00:07:30,300 The house has been removed from the site. 69 00:07:30,500 --> 00:07:31,860 All that's been demolished. 70 00:07:32,040 --> 00:07:35,120 This currently is owned agricultural in order for them 71 00:07:35,120 --> 00:07:39,660 to be able to plat the property to construct a new house. 72 00:07:40,020 --> 00:07:41,880 The zoning changes required for that. 73 00:07:42,240 --> 00:07:44,220 Because the Ag District is primarily just a holding pattern, 74 00:07:44,220 --> 00:07:49,460 holding zone until time comes that the more appropriate development might show up. 75 00:07:49,560 --> 00:07:53,940 We see this from time to time with some of the older ag properties being rezoned to 76 00:07:53,940 --> 00:07:58,740 a lot of them to residential, some to others, but that's there just to hold it in place until 77 00:07:58,740 --> 00:08:00,620 something more solid comes along. 78 00:08:01,440 --> 00:08:06,280 So what's proposed here is just to rezoned this from Ag to R1, which is what the lots mostly 79 00:08:06,280 --> 00:08:10,480 on the south side of Bursey Roaders Zone, all of London areas owned R1 as well. 80 00:08:10,480 --> 00:08:15,680 So, this will allow them to plot the property and be able to construct the house on the site. 81 00:08:16,340 --> 00:08:19,560 So, it's currently vacant, but they didn't have to demolish the house in the pool, 82 00:08:20,460 --> 00:08:23,260 so they're planning for new construction here sometime later this year. 83 00:08:26,300 --> 00:08:29,480 And this will be on September 14th, City Council meeting. Any questions on that? 84 00:08:29,540 --> 00:08:30,020 It's on the case. 85 00:08:35,330 --> 00:08:35,930 Second one. 86 00:08:36,290 --> 00:08:37,810 This is a special development plan. 87 00:08:37,810 --> 00:08:40,270 This is related to property on Northeast Parkway. 88 00:08:40,290 --> 00:08:42,990 So, this is a 8.3 acre lot. 89 00:08:42,990 --> 00:08:47,750 But the site itself is just a 1,000 square foot lease area within one of the buildings. 90 00:08:48,470 --> 00:08:50,150 This is for a proposed winery. 91 00:08:50,650 --> 00:08:54,390 Technically it's a metery, but under state alcoholic beverage code, metery, 92 00:08:54,510 --> 00:08:56,510 meet and wine are basically considered the same thing. 93 00:08:56,510 --> 00:09:01,730 The same fermented type of alcohol, so that they fall into the winery permit, 94 00:09:01,890 --> 00:09:04,190 which is what they've requested from the alcoholic beverage commission. 95 00:09:05,170 --> 00:09:09,490 So this use is not technically listed in the, in the zoning ordinance there, 96 00:09:09,490 --> 00:09:18,910 The special development plans vehicle that we've used in the past for consideration of those things on a case by case basis, so that's what's being proposed here for this zoning application. 97 00:09:19,990 --> 00:09:27,050 So the whole property is this older industrial portion on the south side of Northeast Parkway, just their east of Davis Boulevard. 98 00:09:28,170 --> 00:09:30,490 This is developed back in the 1980s. 99 00:09:31,210 --> 00:09:34,570 long before the TOD existed, it was owned industrial for quite some time. 100 00:09:35,490 --> 00:09:38,490 When the TOD district was all created, this property was resounded 101 00:09:38,490 --> 00:09:41,670 into that. So a lot of these buildings, a lot of those uses, 102 00:09:41,850 --> 00:09:46,310 were just continuations of some conforming, some non-conforming over time, 103 00:09:46,650 --> 00:09:48,510 but the property itself is not changed much. 104 00:09:48,790 --> 00:09:52,050 It's still the four buildings, there's actually one little building 105 00:09:52,050 --> 00:09:54,490 site left over and then a larger building 106 00:09:55,090 --> 00:09:57,970 the houses and irrigation company there on the far east side of that. 107 00:09:57,970 --> 00:09:59,970 So the 108 00:10:00,000 --> 00:10:14,180 The billing before the proposed user is locating is 82-4, so that's this building here. Each building has its own address, but this is 82-4 in the locating, wishing to locate in the suite down the southern end of that building adjacent to this property here. 109 00:10:17,500 --> 00:10:23,260 If you're driven down northeast Parkway, this is looking back what actually I think that is actually east. 110 00:10:25,720 --> 00:10:32,840 So as you're pulling off the Davis Boulevard, looking back that direction, bills are smithed a little left, all this industrial park on the right, that's actually east, not west one apologies. 111 00:10:36,380 --> 00:10:40,780 This is looking which you turn into the property to where this 82 of four building is. 112 00:10:40,920 --> 00:10:45,600 Now on the south end of that is the least space for this site in a sweet 124. 113 00:10:45,660 --> 00:10:48,080 It's about a thousand square feet a little bit less than that. 114 00:10:50,380 --> 00:10:54,060 And then if you turn around and look back up towards Northeastern Parkway that's what the area looks like. 115 00:10:54,160 --> 00:10:57,640 This is very indicative of that whole development in that area there. 116 00:11:00,370 --> 00:11:00,830 And that's south. 117 00:11:01,790 --> 00:11:04,090 So this is in the urban village area. 118 00:11:04,170 --> 00:11:05,550 This is also in the TOD. 119 00:11:05,770 --> 00:11:08,170 Those two areas pretty much align together. 120 00:11:08,170 --> 00:11:10,850 This is kind of the very northern portion of that area. 121 00:11:11,350 --> 00:11:13,510 This is in the general... 122 00:11:14,990 --> 00:11:16,230 ...go forward a little bit. 123 00:11:16,470 --> 00:11:17,710 General mixed use character zone. 124 00:11:17,850 --> 00:11:19,890 So if you look at the entire 200-plus acre 125 00:11:20,610 --> 00:11:24,170 Smithfield TOD area, that's what this regulating plan generally shows. 126 00:11:24,990 --> 00:11:29,030 Most of the area on the east side of Davis is in this general mixed use character zone. 127 00:11:29,790 --> 00:11:35,350 So this is a lot of older industrial, a lot of office residential in this area that's been developed 128 00:11:35,350 --> 00:11:39,350 in the past, some currently underdeveloped here on the southern portion of that. 129 00:11:39,570 --> 00:11:43,330 This is intended for a very wide range of uses, a retail office, residential, 130 00:11:43,850 --> 00:11:46,390 it even acknowledges some industrial uses there, too. 131 00:11:46,410 --> 00:11:48,390 A lot of those are existing uses in the area. 132 00:11:49,350 --> 00:11:53,170 The smurf at cap of facility, this area here on Northeast Parkway. 133 00:11:53,730 --> 00:11:57,790 A lot of the area right here run the railroad track is a lot of older industrial sites as well. 134 00:11:58,570 --> 00:12:00,150 And there's some newer development. 135 00:12:00,930 --> 00:12:03,730 The here south of the tracks, you've seen Keyworth Brewing. 136 00:12:03,730 --> 00:12:08,090 You've seen a new parking lot in a construction, and there'll be some new development there on that property. 137 00:12:08,970 --> 00:12:15,250 So it's a very wide mix of uses on that side of Davis Boulevard within this 2D area. 138 00:12:15,750 --> 00:12:19,290 And it does extend all the way down and mid cities Boulevard to holiday lane. 139 00:12:19,810 --> 00:12:22,490 So there's quite a bit of mix in that area. 140 00:12:22,550 --> 00:12:28,630 It's a very large district, and this is all one consolidated zoning category now when that was rezoned in 2013. 141 00:12:30,390 --> 00:12:33,810 I was backing up just to hear for this to add this put to use. 142 00:12:34,370 --> 00:12:37,570 This is the building itself, 24,000 square feet. 143 00:12:37,570 --> 00:12:38,850 This is about a thousand square feet. 144 00:12:39,090 --> 00:12:40,950 At least area tucked away in that corner of the building. 145 00:12:41,670 --> 00:12:42,350 They do have a small. 146 00:12:42,490 --> 00:12:46,490 They do have a presentation to get tonight to kind of explain the scope and the operation of 147 00:12:46,490 --> 00:12:47,430 this small. 148 00:12:48,070 --> 00:12:51,650 I'm going to call this small batch metery for black and the better description. 149 00:12:52,730 --> 00:12:56,790 They'll go through what their process is and talk about what they're trying to do with 150 00:12:56,790 --> 00:12:57,630 this particular site. 151 00:12:57,630 --> 00:13:01,150 But this is the classification that it would fall under. 152 00:13:03,090 --> 00:13:06,970 But I think there might be some misunderstanding as to the scope of the project. 153 00:13:07,550 --> 00:13:09,830 We've received a bunch of letters in regards to this. 154 00:13:09,930 --> 00:13:12,530 We provided that by email today and then gave you a handout there. 155 00:13:12,570 --> 00:13:15,710 Just so you can kind of see what those comments are in opposition to this. 156 00:13:15,730 --> 00:13:18,010 Mostly in opposition to it. 157 00:13:18,590 --> 00:13:21,990 I think there might have been some misunderstanding with the scale is because when we send out 158 00:13:21,990 --> 00:13:27,270 Notifications for zoning cases like this were obligated to use the property boundaries for that. 159 00:13:27,270 --> 00:13:29,130 So that's what we use for this case. 160 00:13:29,170 --> 00:13:33,170 So we use an entire eight-acre track to notify everyone within 200 feet. 161 00:13:33,270 --> 00:13:35,410 So this blue line is the buffer area. 162 00:13:35,950 --> 00:13:39,870 Everybody within that touches that, we send out a notice to you. 163 00:13:40,070 --> 00:13:43,170 Even though the only effected area is this small green box right there. 164 00:13:43,570 --> 00:13:46,410 So that makes it look bigger on the map that it actually is. 165 00:13:46,530 --> 00:13:49,190 So I think there might be some misunderstanding about what the scope of that is. 166 00:13:49,270 --> 00:13:51,950 But if there's questions that come up tonight, we can tackle those as well. 167 00:13:52,230 --> 00:13:54,890 But we wanted to include this just to be able to explain that ahead of time. 168 00:13:55,050 --> 00:13:56,110 In case those questions came up. 169 00:13:59,150 --> 00:14:02,790 Also, some questions about census alcohol related. 170 00:14:03,150 --> 00:14:07,090 There are some other standards in the zoning code, but in the other parts of the city code, 171 00:14:07,350 --> 00:14:12,970 related to alcohol and beverage sales and relationships to schools, churches and public hospitals. 172 00:14:14,450 --> 00:14:23,310 So if you're looking at the distances between properties that might sell alcohol and properties that are used for public schools, 173 00:14:23,310 --> 00:14:31,530 There's a minimum requirement that those be set apart by at least 300 feet, and that's a property line to property line measurement from the closest 2 points. 174 00:14:32,390 --> 00:14:38,410 So the lot where this property is located here, the property we're Smithfield Elementary School is over on the other side of Northeast Parkway. 175 00:14:39,110 --> 00:14:44,170 That's a little over 560 square feet, just as the crow flies between those 2 points. 176 00:14:44,790 --> 00:14:47,050 So it well exceeds that 300 foot requirement. 177 00:14:47,770 --> 00:14:59,970 If there were churches or churches, public hospitals, daycare centers, there'd be a different measurement for that 300 feet, it's a door to door measurement, not a proper line of problems. 178 00:15:01,180 --> 00:15:10,100 So, for instance, there were a church property in a school property. We would measure from door to door, and that would be well over 1,500 feet between those two properties, just from a walking distance standpoint. 179 00:15:11,060 --> 00:15:21,000 So, I just wanted to make have that available when those questions come up. This site does satisfy that requirement for being 300 feet away. That's a city requirement and also a state requirement. 180 00:15:23,160 --> 00:15:30,880 And they just for reference purposes. These are the other existing alcohol permits that are located in this area. These are mostly three convenient stores. 181 00:15:30,880 --> 00:15:35,420 you know, the two gas stations there at the corner of Northeast Parkway, Davis Boulevard. 182 00:15:35,780 --> 00:15:40,280 There is the break time center, there at Main Street and Smithfield Road. 183 00:15:40,940 --> 00:15:44,580 And then back to Forty Barbecue has an express permit for their beer and wine operation. 184 00:15:48,360 --> 00:15:49,560 So that's some of that one. 185 00:15:49,660 --> 00:15:51,340 If there's questions, we'll be happy to answer those two. 186 00:15:54,230 --> 00:15:59,350 Because it's been re-songed for retail and restaurants. 187 00:15:59,570 --> 00:16:00,550 What about the parking? 188 00:16:01,110 --> 00:16:05,250 Because each of those buildings doesn't look like that it has very much parking. 189 00:16:05,250 --> 00:16:12,190 For this eight-acre site, yeah, I mean, most of this is a industrial type of operation. 190 00:16:13,010 --> 00:16:17,990 The parking for these types of uses that are there, the parking requirements are not 191 00:16:17,990 --> 00:16:24,290 very high and are anticipated probably a number of trips that might be generated for these 192 00:16:24,290 --> 00:16:29,450 types of uses, industrial type of uses or industrial type of businesses, properties. 193 00:16:30,590 --> 00:16:36,130 Generally, run in the range of three to six trips per day per 1,000 square feet. 194 00:16:36,990 --> 00:16:41,710 So, if this were just a typical industrial manufacturing type of operation, which it kind 195 00:16:41,710 --> 00:16:47,010 of is a little bit, at the most you'd probably see between three and six trips per day 196 00:16:47,010 --> 00:16:54,110 to this one particular business, that's pretty common for this style of development and 197 00:16:54,110 --> 00:16:55,750 tenant mix that you'd see in this area. 198 00:16:55,750 --> 00:16:56,670 So 199 00:17:03,390 --> 00:17:11,470 even though they're going to have a casting room and it's more sort of like that craft brewery that's down the road a little bit. 200 00:17:12,850 --> 00:17:13,330 Yeah, I would. 201 00:17:13,350 --> 00:17:14,630 It's not going to change the parking area. 202 00:17:14,630 --> 00:17:24,590 No, I would not compare from our understanding of what this operation is, is not the same as what you might see for key worth brewing or false idle. 203 00:17:24,630 --> 00:17:26,710 They're on Maplewood and 26. 204 00:17:27,470 --> 00:17:36,830 This is primarily a manufacturing operation for them to ferment the meat, bottle it, package it, sell it, distribute it. 205 00:17:37,610 --> 00:17:40,530 The permit that they're getting for a winery does allow for tasting. 206 00:17:41,950 --> 00:17:53,350 But generally they're not indicated any desire for actually creating open to the public tasting room, like you would for a tap room or a wine bar or anything like that. 207 00:17:53,350 --> 00:18:00,090 The permit allows them to do that, the state permit allows them to have people come in and if they want to taste up, they can offer that to them. 208 00:18:00,510 --> 00:18:09,630 But it's not a place that you could go sit, sit down, buy a drink, and then hang out for a while and then leave is not that kind of operation and the permit would not allow for that. 209 00:18:10,250 --> 00:18:19,770 And that's a good question to ask the applicant tonight to kind of explain that, but that's the basic permit they're getting from the alcoholic beverage commission has those restrictions on it. 210 00:18:20,450 --> 00:18:30,490 So if they're not doing that now, but their TABC permit allows it, can they come back later and decide to do that without coming back? 211 00:18:30,910 --> 00:18:32,850 They're permit would allow for that, yes. 212 00:18:33,490 --> 00:18:35,890 This is only just a thousand square foot space. 213 00:18:36,870 --> 00:18:44,210 600 plus of that will probably be taken up by equipment for actually doing the fermentation in the pipe and the packaging. 214 00:18:44,210 --> 00:18:49,590 So there's not a lot of room left really for any sort of social gathering area, or drinking 215 00:18:49,590 --> 00:18:53,030 established for top operation, because that's really not what the focus of the uses. 216 00:18:54,190 --> 00:18:57,870 If it turned into something else, we have to look at it differently, and that could require 217 00:18:57,870 --> 00:19:00,430 some additional sort of the people's. 218 00:19:00,430 --> 00:19:04,490 Yeah, it would have essentially turned into a wine bar at that point, which is not what the 219 00:19:04,490 --> 00:19:06,410 not what the scope of the operation is. 220 00:19:06,870 --> 00:19:11,270 And that used requires an SUP, so it couldn't just come in for a permit to become a wine bar 221 00:19:11,270 --> 00:19:13,550 without some sort of specific approval for that. 222 00:19:13,650 --> 00:19:16,430 It would go through that kind of the same exact process again. 223 00:19:17,050 --> 00:19:18,930 Yeah, they changed their scope that could be very possible. 224 00:19:23,090 --> 00:19:26,470 Can I talk about the, for just a minute, the parking, because, you know, 225 00:19:26,510 --> 00:19:28,710 Sure, after reading all these things, this one. 226 00:19:30,090 --> 00:19:36,310 So each one of the businesses there have probably what, about three spots in front of their place. 227 00:19:36,550 --> 00:19:37,610 More or less. Yeah. 228 00:19:37,850 --> 00:19:42,450 So, and then, and there's, and so there's not going to be a lot of cars. 229 00:19:42,450 --> 00:19:53,530 And we're not creating more space, the space is already there as it is and it's not changing the number of parking spaces that are needed. 230 00:19:53,730 --> 00:19:56,430 There's no place to go to create more parking spaces. 231 00:19:57,190 --> 00:19:58,530 I'm making sense. 232 00:19:58,650 --> 00:19:59,970 No, no, no, don't understand that. 233 00:20:00,000 --> 00:20:04,480 Yeah, I mean, it's an existing property that, let me back up to a little bit larger area map here. 234 00:20:04,480 --> 00:20:09,120 So the intent is not to have a whole lot of people there because there's not the space for it. 235 00:20:09,640 --> 00:20:16,400 Right, there's not the space and the operation that's being done is not a retail type operation or destination operation. 236 00:20:17,400 --> 00:20:23,940 Many of the businesses that are in here, I think that you would ask what businesses are in this kind of, in this property. 237 00:20:24,820 --> 00:20:27,260 A lot of them are mostly industrial commercial type businesses. 238 00:20:29,540 --> 00:20:33,800 There's a moving place, smurf in a camp, a has an operation there for some of their overflow 239 00:20:33,800 --> 00:20:34,720 stuff. 240 00:20:35,580 --> 00:20:38,440 There's a places that do window-tinting. 241 00:20:38,840 --> 00:20:44,440 There's a commercial, driver's license school and one of the places that have a hot tub 242 00:20:44,440 --> 00:20:49,220 sales and service place, a swim pool service store or service operation. 243 00:20:50,140 --> 00:20:53,680 A lot of these are more contractor type things that are located in this facility because 244 00:20:53,680 --> 00:20:58,060 more geared towards that type of business and not really geared towards more of a retail 245 00:20:58,060 --> 00:21:02,980 type operation. So, but is this property where to completely redevelop at some point in the future 246 00:21:02,980 --> 00:21:07,600 and it's something else, then there's certainly a good time to discuss, you know, exactly how 247 00:21:07,600 --> 00:21:13,180 that would look, but there's not been any indication by the property owner to pursue that anytime 248 00:21:13,180 --> 00:21:18,860 in the near future. So, what's here now is probably going to be a little bit longer for sure. 249 00:21:19,360 --> 00:21:25,580 And what we're looking at is a special development plan, not an SUP, can you tell 250 00:21:25,580 --> 00:21:29,580 it technically yes, what tell me the difference in those I guess. 251 00:21:30,240 --> 00:21:31,360 We about jump in. 252 00:21:31,500 --> 00:21:33,320 I was just going to share my conversation, Brad. 253 00:21:33,360 --> 00:21:34,100 Yeah, go ahead, yes. 254 00:21:34,340 --> 00:21:36,780 So I'm talking to the city attorney about this project. 255 00:21:37,220 --> 00:21:40,520 I'm like Clayton mentioned this kind of a tool that we've used some similar case in 256 00:21:40,520 --> 00:21:41,120 the past. 257 00:21:41,340 --> 00:21:46,700 One of the more recent examples was the, it was a motorcycle sales application use in the 258 00:21:47,920 --> 00:21:51,480 that it was withdrawn, so you actually didn't consider that case, but it was one that we 259 00:21:51,480 --> 00:21:55,520 kind of cross this through in the same manner. We used a special development plan. A little 260 00:21:55,520 --> 00:21:58,800 bit different in that that we used was actually listed as not permitted. This use is just 261 00:21:58,800 --> 00:22:05,680 not listed at all. So we have a question come up today about an SUP versus an STP and so in 262 00:22:05,680 --> 00:22:09,860 talking with city attorney about kind of the decision to go this route or if you have any concerns 263 00:22:09,860 --> 00:22:16,740 with this route versus an SUP indicated kind of that in order to move forward with an SUP, 264 00:22:16,940 --> 00:22:20,540 just like in a normal traditional zoning it has to be listed in the table of uses and it has 265 00:22:20,540 --> 00:22:25,820 to be listed as permitted by SUP. So we have, you know, in our normal table of uses we have permitted 266 00:22:25,820 --> 00:22:32,040 or we have permitted by SUP or the blanks are not permitted. And so similarly here we have uses in 267 00:22:32,040 --> 00:22:37,000 the table that are listed as approved only by an or allowed only by SUP. We have a lot of other 268 00:22:37,000 --> 00:22:39,680 categories and TOD is a little bit different than the normal one, 269 00:22:39,720 --> 00:22:44,180 permitted conditions and various categories. 270 00:22:44,780 --> 00:22:47,280 But some of them are permitted by SUP only. 271 00:22:47,880 --> 00:22:49,640 This use, I think there are a couple of routes 272 00:22:49,640 --> 00:22:50,160 that we could go. 273 00:22:50,340 --> 00:22:52,200 One would be that we could consider a texture 274 00:22:52,200 --> 00:22:54,440 vision to add that use into the table. 275 00:22:55,400 --> 00:22:58,360 And then at that time determine which zoning districts 276 00:22:58,360 --> 00:23:01,800 this type of use might be permitted, either not permitted 277 00:23:01,800 --> 00:23:03,320 or permitted, or permitted conditions, 278 00:23:03,320 --> 00:23:09,600 are permitted by a U.P. or STP or whatever kind of categorization we want to get to each district 279 00:23:09,600 --> 00:23:11,620 or each one of the character zones rather. 280 00:23:13,020 --> 00:23:16,640 And then the next step would be the applicant could then if it were determined that was 281 00:23:16,640 --> 00:23:19,860 something that was allowed by S U.P. and that zone they could apply for the S U.P. 282 00:23:21,080 --> 00:23:22,800 This kind of combines those into one step. 283 00:23:23,220 --> 00:23:29,140 Our conversation was kind of like this really aligns almost with a P.B. in that it's kind 284 00:23:29,140 --> 00:23:35,240 a creative tool in the text that I don't have in front of me, but it kind of talks about 285 00:23:35,240 --> 00:23:40,320 in the text related to special development plans and the TOD zoning section about how this 286 00:23:40,320 --> 00:23:40,660 is allowed. 287 00:23:41,020 --> 00:23:43,700 This is kind of the goal of this is to get some flexibility. 288 00:23:44,620 --> 00:23:49,000 There are some things to consider, which are Clayton outlined in the memo, to kind of consider 289 00:23:49,540 --> 00:23:53,240 when the council is making that decision, on whether they want to approve it as an SCP or 290 00:23:53,240 --> 00:23:57,580 not, but I think the goal is really just to make sure it's kind of within the spirit of 291 00:23:57,580 --> 00:24:05,360 the TOD in general as a meeting the goals of the zone and I really wanted to read that 292 00:24:05,360 --> 00:24:11,400 to you hang on here. So it says that they are, the special development plans are intended 293 00:24:11,400 --> 00:24:15,980 to allow applicants development flexibility to address specific market opportunities and 294 00:24:15,980 --> 00:24:21,720 or contacts. And so, I mean, about this, this location, the specific building, the specific 295 00:24:21,720 --> 00:24:38,880 I think it fits in pretty well within that surrounding properties and we felt like it was an appropriate avenue to let them move forward with this special development plan, which was really a one step process to come through PNZ and city council rather than two different steps. 296 00:24:39,200 --> 00:24:45,380 I would say ultimately though, it's the same process in terms of notice hearings and consideration and action. 297 00:24:45,380 --> 00:24:53,400 So go through PNC and City Council the same way as only change for an SUP or any other kind of similar process. 298 00:24:53,620 --> 00:24:59,840 So it's really just a kind of a little bit simpler set that we've wrapped up into this one step. 299 00:25:00,340 --> 00:25:25,420 So no, and I know one of the things you hear a lot on P&Z training types, all right, is like, use is not users, you know, and that's, especially comes in on the SUP, where once you've approved it, you know, the next, the next person can have that, the next user can have the same permit, is that the similar kind of effect with the SDP. 300 00:25:26,040 --> 00:25:28,440 I would say yes, it is. 301 00:25:28,560 --> 00:25:30,980 The way we've typically done that in the past, 302 00:25:31,100 --> 00:25:35,860 that was not required, is we put a expiration clause 303 00:25:35,860 --> 00:25:39,840 in the standards that says pretty much after three years, 304 00:25:40,460 --> 00:25:43,960 the approval expires, but the use can't continue 305 00:25:43,960 --> 00:25:45,540 if it lasts longer than three years. 306 00:25:46,100 --> 00:25:47,060 But after that three year period 307 00:25:47,060 --> 00:25:48,900 it just becomes a non-conforming use, 308 00:25:49,040 --> 00:25:50,860 just like any other use might. 309 00:25:51,640 --> 00:25:54,620 And so if they were to after five years, 310 00:25:54,620 --> 00:25:59,800 say they got grew this space, need to move on somewhere else, or decided not to do it anymore. 311 00:26:00,540 --> 00:26:04,260 There'd be like a six-month window to where someone could come in and do the same thing. 312 00:26:04,980 --> 00:26:08,620 To do the same thing here would mean doing the same thing, you know, 313 00:26:09,360 --> 00:26:11,900 permitting me and bottling and doing it in the same space. 314 00:26:12,860 --> 00:26:16,320 So it wouldn't, that would not translate over into something outside of that scope, 315 00:26:16,820 --> 00:26:21,820 to where a tap room or a wine bar or something else could hack onto that and move in in its place. 316 00:26:21,820 --> 00:26:26,960 We basically essentially have to be the same type of use literally to qualify for that. 317 00:26:27,700 --> 00:26:30,900 So, and if it doesn't happen in six months, and that approval just goes away and everything 318 00:26:30,900 --> 00:26:35,480 expires, and if someone wants to come do something similar, different, they just go back through the process again. 319 00:26:36,020 --> 00:26:39,780 So, we do that with a lot of the special use permits, all the winged drone permits. 320 00:26:40,980 --> 00:26:44,920 A lot of the special use is for any kind of a vape shop, so I'll have to repair anything like that. 321 00:26:45,000 --> 00:26:47,820 I'll have that category to have that condition attached to it. 322 00:26:50,680 --> 00:26:59,500 The correct me if I'm wrong here, 400 square foot of available space outside of the equipment. 323 00:27:00,520 --> 00:27:03,760 The fire marshals are going to severely limit the number of people you could have in 324 00:27:03,760 --> 00:27:04,680 their life, right? 325 00:27:05,140 --> 00:27:10,160 I imagine that would be very much the case, yes, in a place this small, this primarily being 326 00:27:10,160 --> 00:27:16,140 manufacturing, a little bit of office space is probably about all this left for that. 327 00:27:16,140 --> 00:27:21,280 And then if they were open and operating and you knew the owner and wanted to get a tour and 328 00:27:21,280 --> 00:27:24,340 have a look at what's going on and the offer to you a free sample, that's pretty much 329 00:27:24,340 --> 00:27:25,920 how the wine tasting kind of works. 330 00:27:26,940 --> 00:27:29,280 The permit allows them to do that. 331 00:27:29,440 --> 00:27:32,420 The alcoholic beverage permit allows them to, that's what I was looking up a minute ago. 332 00:27:34,200 --> 00:27:36,020 Does not require them to charge a fee for it. 333 00:27:36,100 --> 00:27:41,340 They can do offer it for free, but it doesn't have a, it's not a place to where you could 334 00:27:41,340 --> 00:27:42,280 go and sit down and hang out. 335 00:27:42,480 --> 00:27:44,880 It's not, the permit doesn't really address that. 336 00:27:46,160 --> 00:27:49,240 It was different than what's on tap or different than false idle 337 00:27:51,180 --> 00:27:57,980 Like you might not know the answer. There's just a rough estimate the distance door to door from that to the first house up there 338 00:27:59,460 --> 00:28:03,600 Oh, we could probably figure that out. I'll then I don't want to switch number on it 339 00:28:03,600 --> 00:28:07,960 Do what I want to quick number on it. Okay. If you also do that convenience store up top if you're getting out 340 00:28:09,020 --> 00:28:13,780 This and right that one right there door to door to that first house right there to sure 341 00:28:13,780 --> 00:28:20,740 I can tell you from the school that this property here is a little bit over 300 feet. 342 00:28:20,740 --> 00:28:25,460 Proper on the proper line. This one's just slightly under 200 feet from proper line of proper line. 343 00:28:26,620 --> 00:28:29,180 We'll check those door distances for you. 344 00:28:30,880 --> 00:28:37,160 What's the city's process for unclassified users in the rest of the zoning ordinance? 345 00:28:37,160 --> 00:28:41,480 because it may make sense to kind of look at making sure 346 00:28:41,480 --> 00:28:46,740 that some way that the director can have some interpretation. 347 00:28:47,160 --> 00:28:49,040 And then if there is a question that sometimes 348 00:28:49,040 --> 00:28:53,540 is brought to PNZ or console, so that would be, 349 00:28:54,060 --> 00:28:57,200 because not all uses will most probably be listed. 350 00:28:57,360 --> 00:29:01,260 And then as you kind of look at new uses that may be coming up, 351 00:29:01,480 --> 00:29:03,440 you want to have that option. 352 00:29:03,440 --> 00:29:08,400 And if they don't want to be too tightly controlled by the code. 353 00:29:09,540 --> 00:29:11,860 We do have that process built into the zoning ordinance. 354 00:29:12,960 --> 00:29:17,360 The last one I can think of specifically, because I was thinking about it just the other day, 355 00:29:17,460 --> 00:29:18,860 it was the blood plasper centers. 356 00:29:19,940 --> 00:29:24,280 So there was a plasper center on roof snow that wanted to move in up next to the 357 00:29:25,560 --> 00:29:28,740 Eco-thrift right in that area, right there at the city's Boulevard. 358 00:29:30,180 --> 00:29:33,940 The development room committee talked about that quite a bit to see what kind of category 359 00:29:33,940 --> 00:29:38,620 that might fall under, but we determined it was completely different type of use than in the 360 00:29:38,620 --> 00:29:39,880 other options that were available. 361 00:29:40,900 --> 00:29:47,320 So they proposed as part of an application to add that use as a proposed use in the zoning 362 00:29:47,320 --> 00:29:50,780 ordinance with conditions attached to it. 363 00:29:50,780 --> 00:29:54,660 And that process to amend the zoning orders with four to city council, city council 364 00:29:54,660 --> 00:29:57,280 eventually adopted that, requires the special use permits and such. 365 00:29:57,840 --> 00:29:59,900 And then after that was approved, they came in and applied for this. 366 00:30:01,360 --> 00:30:19,340 So there's a process for us to be able to do that if we can't figure out a way that it fits into, you know, functionally or operationally any other category that's similar, then that option exists to be able to do that process. So it's almost a two step type of thing. I think the core is mentioning, to look at it that specifically. 367 00:30:19,340 --> 00:30:49,320 Yeah, my only concern with using the STP is that there is no kind of actual physical concept plan that's different or, you know, that that's trying to meet a different, I know this is an existing building and site and the STP was written and because I wrote it so I know the intent was to kind of, if there is a different physical layout of the site that still meets the intent of the DOD and this one uses existing building and sites. 368 00:30:49,340 --> 00:30:52,720 So that's my main concern that it's only for a use 369 00:30:52,720 --> 00:30:55,580 and really the better tool is to use an S2B. 370 00:30:56,480 --> 00:30:58,540 I'll tell you on the kind of interpretation I'm doing 371 00:30:58,540 --> 00:31:00,880 on the city uses and kind of all of this. 372 00:31:00,900 --> 00:31:02,920 One of our kind of bigger coming projects 373 00:31:02,920 --> 00:31:05,320 over the winter is going to be kind of a full 374 00:31:05,320 --> 00:31:06,980 revamp of our table of uses. 375 00:31:07,520 --> 00:31:09,600 The table uses and the permittities 376 00:31:09,600 --> 00:31:11,520 that my character's on will kind of go hand in hand. 377 00:31:11,720 --> 00:31:13,200 We'll look at those together. 378 00:31:14,160 --> 00:31:15,460 I think there will be probably, 379 00:31:15,460 --> 00:31:18,200 I'll just project a pretty significant decrease 380 00:31:18,200 --> 00:31:22,300 in the number of individual uses, a little bit broader categories, and some conditions 381 00:31:22,300 --> 00:31:27,280 kind of built in that lessen the number of SUPs, that's kind of the goal, but I think 382 00:31:27,280 --> 00:31:31,540 that a lot of these uses that we've seen that have come up that we've kind of used interpretations 383 00:31:31,540 --> 00:31:38,980 are kind of found what they align with more fully, so when the newer uses will try to capture 384 00:31:38,980 --> 00:31:45,180 as many of those as we can in the new updated table, which will, I'm sure will workshop multiple 385 00:31:45,180 --> 00:31:49,440 times with you all before we get to a kind of a final consensus on that to get it to council, 386 00:31:50,020 --> 00:31:54,140 but that is not something that we're ignoring. It's on the radar and we have lots of ideas 387 00:31:54,140 --> 00:31:59,760 for things that need to be fixed and we may, I just was kind of re-reading that classification 388 00:31:59,760 --> 00:32:04,160 and doing on this abuse section. We may look at maybe a slight modification just to kind 389 00:32:04,160 --> 00:32:09,520 of call out specifically what you're mentioning J on the interpretation so that not everything 390 00:32:09,520 --> 00:32:15,100 needs to come back through to P&Z for new uses if we can find a similar comparable intensity 391 00:32:16,300 --> 00:32:23,280 Well, and also now with the state law, that requires you to notify properties that you make non-conforming. 392 00:32:23,880 --> 00:32:26,500 That's bigger issue and you change some of that. 393 00:32:26,680 --> 00:32:29,080 That's going to also affect that and you want to minimize that. 394 00:32:29,540 --> 00:32:32,560 That's made life more difficult for you. 395 00:32:32,980 --> 00:32:33,240 Why not? 396 00:32:36,830 --> 00:32:42,770 So, going back one quick time to the how far is it from this space to first house? 397 00:32:43,130 --> 00:32:44,850 That's about 380 feet. 398 00:32:44,850 --> 00:32:47,430 Walking distance from there to there, plus or minus, 399 00:32:47,790 --> 00:32:50,810 from the convenience store to there is about 670 feet. 400 00:32:56,610 --> 00:33:00,170 Yeah, when you have multiple things to use, yeah. 401 00:33:00,330 --> 00:33:01,630 This doesn't seem to be a good idea. 402 00:33:03,290 --> 00:33:04,570 I know how to use Google measures. 403 00:33:06,530 --> 00:33:07,050 Let's go. 404 00:33:07,050 --> 00:33:07,090 Let's go. 405 00:33:07,190 --> 00:33:07,330 Good question. 406 00:33:07,410 --> 00:33:08,130 Thanks for asking that. 407 00:33:08,230 --> 00:33:10,690 Any other work session questions on this item? 408 00:33:13,810 --> 00:33:15,210 You got it on September 14th. 409 00:33:15,210 --> 00:33:16,670 Yeah, this is September 14th also. 410 00:33:17,430 --> 00:33:18,370 Anything else on that one? 411 00:33:18,490 --> 00:33:19,330 That's all we have. 412 00:33:19,770 --> 00:33:20,070 All right. 413 00:33:20,530 --> 00:33:21,370 Thank you all. 414 00:33:22,070 --> 00:33:34,490 We'll go to item B as the future agenda items purpose of this item is to allow the planning and zoning commission to bring forward items or issues they wish you to discuss on future work session agendas. 415 00:33:34,490 --> 00:33:38,490 Does anyone have any proposals for future items to consider? 416 00:33:41,320 --> 00:33:43,600 Seeing none, there is no other business. 417 00:33:44,500 --> 00:33:49,060 So we will begin our regular session at 7.10 PM. 418 00:34:28,990 --> 00:34:33,870 Good evening. Welcome to the North Richland Hills Planning and Zoning Commission meeting. 419 00:34:34,150 --> 00:34:40,070 It is 7-11 p.m. and I call the Thursday, September 3rd, 2026, planning and 420 00:34:40,070 --> 00:34:44,110 zoning meeting to order a quorum of the planning and zoning meeting. 421 00:34:44,470 --> 00:34:48,470 Our commission is present and the meeting has been posted in accordance to the 422 00:34:48,470 --> 00:34:52,990 Texas Open Meetings Act of the Texas Government Code. For the information of 423 00:34:52,990 --> 00:34:57,110 those attending the meeting or viewing online or on television, the planning 424 00:34:57,110 --> 00:34:59,990 and his own commission include seven regular missions. 425 00:35:00,000 --> 00:35:11,960 Members, and two alternate members appointed by the city council. The alternate members may participate in discussion about agenda items, but they only vote on the items itself if a regular member is absent. 426 00:35:12,960 --> 00:35:17,920 And I've forgot to kind of, I think we're all regular members tonight. So there we go. 427 00:35:19,200 --> 00:35:29,920 So we will not have any alternates voting tonight. At this time, I would invite you to stand and join us as my Kirby Liesis and the pledge of allegiance to the United States. 428 00:35:29,920 --> 00:35:30,840 Texas flags. 429 00:36:01,790 --> 00:36:08,250 Thank you, Mike. We'll now go to item A2. This is the public comments portion 430 00:36:08,250 --> 00:36:12,990 of our agenda. This is an opportunity for citizens to address the planning and zoning 431 00:36:12,990 --> 00:36:17,670 commission on matters which are on the agenda, but are not scheduled as a public hearing. 432 00:36:19,030 --> 00:36:23,090 Is there anyone in the audience who would like to speak on an agenda item that is not listed as 433 00:36:23,090 --> 00:36:23,970 a public hearing? 434 00:36:26,820 --> 00:36:32,240 Seeing none. I will go ahead and close the public comments portion of our agenda. 435 00:36:33,020 --> 00:36:43,000 And we will go to item B1, this is proving the minutes of the August 6, 2026, planning and zoning commission meeting. 436 00:36:44,060 --> 00:36:49,780 I move that we approve the minutes of the August 6, 26, planning and zoning commission meeting. 437 00:36:49,780 --> 00:36:53,960 Also, we've got a motion for Cheryl, second for Mike. 438 00:36:55,960 --> 00:36:56,540 Any discussion? 439 00:36:58,300 --> 00:36:59,780 Okay, so we'll have a vote. 440 00:37:02,660 --> 00:37:04,020 All right, we're moving fast on. 441 00:37:21,140 --> 00:37:23,740 And the motion passes seven to zero. 442 00:37:26,300 --> 00:37:29,740 Right, and we will go to item C1, 443 00:37:29,740 --> 00:37:36,480 and I'm going to open the public hearing for case ZC26-0172, 444 00:37:37,120 --> 00:37:39,860 and we'll have Clayton has been come and present the item just. 445 00:37:43,010 --> 00:37:44,550 Thank you, Mr. Chair, good evening commission. 446 00:37:45,190 --> 00:37:51,150 This first application tonight is a zoning change request from agricultural to R1 single family. 447 00:37:51,770 --> 00:37:55,330 This is 1.92 acres at 7412 Bersy Road. 448 00:37:56,150 --> 00:37:58,950 This property is located on the south side of Bersy Road. 449 00:37:59,770 --> 00:38:03,250 Just east of London Dairy Valley Drive intersection. 450 00:38:04,250 --> 00:38:05,770 Here on the south side of the road. 451 00:38:07,050 --> 00:38:08,450 A little bit closer view of that property. 452 00:38:08,450 --> 00:38:12,250 This almost two-acre tract of land, this back shows a house on the property 453 00:38:12,250 --> 00:38:15,230 by the house in the swimming pool that had been demolished from the site. 454 00:38:15,530 --> 00:38:20,070 So the site is currently vacant, but this shows the extent of that property there at that location. 455 00:38:23,140 --> 00:38:25,400 There's just some views of the property from Bursey Road. 456 00:38:25,900 --> 00:38:28,540 These are Google images, but relative to the recent, 457 00:38:28,740 --> 00:38:31,560 so you can see the condition of the property without the house on the site. 458 00:38:32,360 --> 00:38:33,780 And just looking back from both corners. 459 00:38:36,310 --> 00:38:40,530 And this is an area that stays native for low density residential on the land use plan. 460 00:38:40,530 --> 00:38:46,850 You can see on the right hand side, this is the zoning map there, so that green area where the property is currently zone agricultural. 461 00:38:47,790 --> 00:38:50,150 It is proposed for R1, single-family residential. 462 00:38:51,010 --> 00:38:55,010 For comparison purposes, the lots here to the east, on the south side of Percy Road. 463 00:38:55,450 --> 00:38:59,930 Those are all zone and R1 residential, as is the lendendary edition. 464 00:39:00,730 --> 00:39:04,690 The other properties here to the south and kind of to the north east of that are all zone R2. 465 00:39:06,800 --> 00:39:14,020 So the applicant is here to see being to address the commission, and then we'll follow up with additional information and recommendations following that. 466 00:39:14,220 --> 00:39:16,040 You can click here sir. 467 00:39:16,500 --> 00:39:17,200 Mr. Ricks. 468 00:39:18,740 --> 00:39:22,600 If you'll state your name and address for the record, we'll hear what you have to say. 469 00:39:22,960 --> 00:39:25,080 Greg Ricks, you own my home address. 470 00:39:25,900 --> 00:39:29,600 Here, 80802, Queen's Court, College Station, Texas. 471 00:39:30,520 --> 00:39:36,780 seven seven eight four five and then what what do we got going on in 472 00:39:36,780 --> 00:39:42,100 up so I know he gave his but you get the chance to tell you that you know I've 473 00:39:42,100 --> 00:39:44,340 got this property that's around it by a residential 474 00:39:46,720 --> 00:39:52,580 that probably is a zone residential and I want to put a house on it I don't 475 00:39:52,580 --> 00:39:56,640 raise pigs you want to put a house on it to what now I don't want to raise 476 00:39:56,640 --> 00:39:58,880 Oh, you don't want to raise it? Oh, for the Aga. 477 00:39:59,040 --> 00:39:59,960 I thought you said you did want to raise it. 478 00:40:00,000 --> 00:40:04,040 Okay, exactly. We've done chickens, but I don't know if we did pigs. 479 00:40:06,080 --> 00:40:09,680 So, see, I want to put a house there, and they say, you've got a... 480 00:40:09,680 --> 00:40:14,800 Yeah, I don't have to plant it. I brought my plans, just in case. You want my plans? 481 00:40:15,720 --> 00:40:26,960 I mean, it's up to you if you want to show us, otherwise we'll see if anybody has any questions or details you want to know. 482 00:40:39,440 --> 00:40:42,040 So this is the house shall we're gonna put down there? 483 00:40:43,700 --> 00:40:43,940 Okay. 484 00:40:47,160 --> 00:40:49,080 I wish I knew how to read one of these. 485 00:40:50,720 --> 00:40:51,920 As far as the blue prints. 486 00:40:52,440 --> 00:40:52,600 Yeah, 487 00:40:55,960 --> 00:40:57,960 that's the next one where it's written on the law. 488 00:41:00,890 --> 00:41:02,270 That's probably more of our. 489 00:41:05,780 --> 00:41:13,900 So you'll have all the appropriate setbacks and all those kind of things. 490 00:41:13,900 --> 00:41:15,120 I'm sure you had to work on. 491 00:41:16,720 --> 00:41:17,920 So looks beautiful. 492 00:41:30,690 --> 00:41:34,190 And then, commissioners, do you all have any other questions for Mr. Riggs? 493 00:41:35,990 --> 00:41:40,270 Tell me, no, once we change it, then you can't call it Aggie Land or anything like that. 494 00:41:40,750 --> 00:41:41,810 No, no, no. 495 00:41:45,280 --> 00:41:50,080 All right. Well, thank you. Hang tight. If there are any questions, we'll ask you about the Clayton. 496 00:41:50,300 --> 00:41:55,840 We'll come up and kind of talk with us a little more, and then we'll be able to get our vote on the zoning change. 497 00:41:56,020 --> 00:41:56,720 Great. Thanks. 498 00:41:56,920 --> 00:41:58,020 Thank you. I appreciate you. 499 00:42:01,700 --> 00:42:08,660 Excuse me, so just summarize 1.92 acres currently zone agricultural being proposed for our one single family. 500 00:42:09,260 --> 00:42:16,400 This is essentially, we see this a lot with older properties that are still zone agricultural that might be proposed for development. 501 00:42:16,880 --> 00:42:21,620 Oftentimes, residential development. There's a couple of things that come into play there. 502 00:42:22,480 --> 00:42:25,960 The agricultural district oddly enough doesn't permit single family residential uses. 503 00:42:25,960 --> 00:42:29,900 So it was only changes necessary in order to be able to construct a house on a property. 504 00:42:30,960 --> 00:42:34,840 And that zoning changes also were usually required because the property would need to be plated, 505 00:42:34,860 --> 00:42:36,340 which this one will as well. 506 00:42:37,020 --> 00:42:40,020 And this lot would not meet the agricultural district requirements. 507 00:42:40,900 --> 00:42:44,960 So by rezoning to R1 that allows for the plating of the property, 508 00:42:45,140 --> 00:42:47,480 would allow for the Smith of the building permit for us to review. 509 00:42:48,200 --> 00:42:52,100 And certainly the setbacks are much more generous in R1 than they are in agricultural. 510 00:42:53,000 --> 00:42:54,560 So this is a pretty common process. 511 00:42:54,560 --> 00:43:00,180 we see, but it's in a serious step often for people to be able to develop a house in the property 512 00:43:00,180 --> 00:43:04,760 is to go through these two steps. So that's what this one is. It is recommended for approval 513 00:43:05,340 --> 00:43:10,180 and following your action, City Council will see this on September 14th. So we are happy to answer 514 00:43:10,180 --> 00:43:13,980 any questions and the applicant's available if there's any more detailed questions that need to be addressed. 515 00:43:15,460 --> 00:43:20,640 And like you said, this is something that I know we see at least appear right. We'll see it 516 00:43:20,640 --> 00:43:24,620 time to time, but I know the first time I saw it, it seemed kind of funny that, you know, 517 00:43:24,640 --> 00:43:29,620 we have farm land in the middle of town or something, you know, it's, my understanding 518 00:43:29,620 --> 00:43:36,760 as, as the city kind of incorporated more areas, we left that ag, as a placeholder there 519 00:43:36,760 --> 00:43:42,260 until we figured out what the land use is going to be around it, which is, our one is what 520 00:43:42,260 --> 00:43:47,040 we've done with the surrounding area, and as they come up, then we rezone it and allow 521 00:43:47,040 --> 00:43:47,800 people to develop. 522 00:43:47,800 --> 00:43:55,220 Yeah, that's absolutely correct. When the properties get annexed into the city, when that was taking place, the default zoning that was applied was agricultural. 523 00:43:56,060 --> 00:44:05,700 And a lot of that was just to leave it in that holding pattern until, if you think back to the 1960s, when a lot of properties are annexed, nobody knew what the north part of the city would look like. 524 00:44:05,780 --> 00:44:10,300 So they didn't want to presume zoning in place of something else that lifted agricultural. 525 00:44:10,300 --> 00:44:20,160 So that way the market kind of determines what happens, development patterns establish and in this area certainly residential has become the predominant development pattern. 526 00:44:20,940 --> 00:44:25,440 So then it becomes a matter of choice on which zoning district will be appropriate for the given property. 527 00:44:25,920 --> 00:44:27,740 And that's what was chosen in this particular case. 528 00:44:28,260 --> 00:44:34,040 Okay, so this is one of those last holdovers of agricultural property on this side of the street to be resowned. 529 00:44:34,040 --> 00:44:36,840 Ultimately, you would see that North Virgin Hills does not have any agricultural 530 00:44:36,840 --> 00:44:39,960 police owned properties, because everything else would be in a district that's 531 00:44:39,960 --> 00:44:44,500 appropriate for the development on the site, but that may be long after our retire. 532 00:44:45,180 --> 00:44:48,840 So here. Any other questions for Clayton or the applicant? 533 00:44:51,270 --> 00:44:53,410 No. All right, thank you Clayton. 534 00:44:55,870 --> 00:44:58,090 The public hearing is open for cases 535 00:44:58,090 --> 00:44:59,930 ZEC-26-0 536 00:45:00,000 --> 00:45:09,620 1, 7, 2. Is there anyone that would like to speak on the item you may come forward or do we have any cards? Not for that one. 537 00:45:12,640 --> 00:45:21,720 All right, so if we don't have anybody for that one, then I will close the public hearing for this case. 538 00:45:21,720 --> 00:45:27,380 And commissioners before I ask for a motion, do you have any clarifying questions or a question for more information? 539 00:45:29,930 --> 00:45:34,510 All right, so I will call for a motion on zc26-0172. 540 00:45:35,150 --> 00:45:39,510 Make a motion that we approve zc26-0172. 541 00:45:41,130 --> 00:45:41,610 Second. 542 00:45:42,350 --> 00:45:46,230 All right, motion from Kyle, second from Cheryl. 543 00:45:46,990 --> 00:45:48,230 Do we have any discussion? 544 00:45:48,230 --> 00:45:48,870 All 545 00:45:51,940 --> 00:45:52,720 for a vote 546 00:45:59,800 --> 00:46:04,200 and that recommendation for approval pass is seven to zero and 547 00:46:04,200 --> 00:46:10,600 That will be before the city council on September 14th. So thank you very much, Mr. Rick's. 548 00:46:13,630 --> 00:46:13,930 All right now 549 00:46:13,930 --> 00:46:15,910 We'll go to item C2 550 00:46:15,910 --> 00:46:19,150 We'll be opening the public hearing for case ZC 551 00:46:22,250 --> 00:46:27,390 26-0173 and we'll have Clayton back to introduce the item to us. Thank you, sir 552 00:46:27,390 --> 00:46:32,830 This next request is a special development plan for a winery, more specifically a metery. 553 00:46:33,550 --> 00:46:39,770 This is on a property that's 8.3 acres in size, in a building at 80204 northeast Parkway. 554 00:46:40,530 --> 00:46:45,290 So the area highlighted in green is the entire tract of land associated with this application. 555 00:46:46,250 --> 00:46:51,110 But the application itself is really subject to a smaller portion of the building here, located 80204. 556 00:46:51,110 --> 00:46:56,610 So just for context, the Davis Boulevard here on the west side of the site adjacent to the 557 00:46:56,610 --> 00:47:00,230 text rail line in just north of Main Street in that area. 558 00:47:03,190 --> 00:47:06,410 A little bit closer view of the site. As you can see, a little bit better context. 559 00:47:06,870 --> 00:47:11,370 Here's the A-daker property. The site that will be part of the application for the 560 00:47:11,370 --> 00:47:17,290 the applicant will explain the operations here where the star area is in the suite in that area there. 561 00:47:17,730 --> 00:47:21,710 So this is the northern portion of the TOD, Smithfield TOD and you can see some of the mix 562 00:47:21,710 --> 00:47:27,050 uses in this area, some new-ish, some existing prior to that, and then across 563 00:47:27,050 --> 00:47:29,270 Davis Boulevard Smithfield Elementary School. 564 00:47:31,760 --> 00:47:33,200 So looking, if you turn on a 565 00:47:33,200 --> 00:47:35,740 Davis Boulevard, Northease Park, we have Davis Boulevard looking back 566 00:47:35,740 --> 00:47:39,840 that direction. You can see the commercial area on the south side, residential 567 00:47:39,840 --> 00:47:45,140 and north, and then you just turn off Northease Park way into the site. This is the 568 00:47:45,140 --> 00:47:49,600 building at 82.04, and then down at the end of that building, a suite 124, which is 569 00:47:49,600 --> 00:47:51,280 what the application is associated with. 570 00:47:54,190 --> 00:47:55,430 And if you turn back, looking north towards 571 00:47:55,430 --> 00:48:02,510 Northeastern Parkway 300, so feed up the property, Northeastern Parkways there, at the end of 572 00:48:02,510 --> 00:48:02,930 that building. 573 00:48:03,450 --> 00:48:06,890 And if you turn around the other way, there's some adjacent commercial property just to 574 00:48:06,890 --> 00:48:07,710 the south of that site. 575 00:48:11,130 --> 00:48:14,270 This is an area designated as urban village on the land use plan. 576 00:48:14,630 --> 00:48:17,530 This is about a 200 plus acre area. 577 00:48:17,650 --> 00:48:22,090 I'll cover more of that in the staff report for the TOD for Smithfield area. 578 00:48:22,610 --> 00:48:27,070 In the zoning on the right hand side, you see this kind of blueish color, darker grayish 579 00:48:27,070 --> 00:48:32,570 is the transit oriented development district associated with Smithfield, and you can see some adjacent 580 00:48:32,570 --> 00:48:37,170 other zoning in that area. This is just for a special development plan for the winery 581 00:48:37,170 --> 00:48:42,270 and this is not changing the zoning of the property. This would just be considered for authorization of this 582 00:48:42,270 --> 00:48:43,290 use at this site. 583 00:48:46,340 --> 00:48:50,140 With that, the applicant is here this evening to make a presentation and discuss 584 00:48:50,140 --> 00:48:54,560 the project with the commission when the y'all are complete with that. We'll follow the 585 00:48:54,560 --> 00:48:55,840 additional information staff report. 586 00:48:56,420 --> 00:48:57,860 All right, thank you, Clayton. 587 00:48:59,640 --> 00:49:01,200 I have the applicant come forward. 588 00:49:01,760 --> 00:49:03,360 You were name and address for the record. 589 00:49:06,340 --> 00:49:06,740 Good evening. 590 00:49:07,060 --> 00:49:08,460 My name is Corey Smith. 591 00:49:09,180 --> 00:49:11,980 My home address is 6.544 Wakefield Road. 592 00:49:13,040 --> 00:49:16,380 Here in North Richmond Hills, Texas 7.612. 593 00:49:20,430 --> 00:49:22,710 And I'm just here to present. 594 00:49:23,890 --> 00:49:27,770 I'm probably overprepared for this, but best to do that, 595 00:49:28,250 --> 00:49:28,810 then otherwise. 596 00:49:28,810 --> 00:49:33,990 So I want to start a small meter a year in town. 597 00:49:37,070 --> 00:49:43,910 Mead is a fermented beverage, kind of like wine instead of grapes. 598 00:49:44,070 --> 00:49:44,850 I use honey. 599 00:49:46,390 --> 00:49:53,490 And I'm proposing that I be allowed to manufacture and bottle a small batch. 600 00:49:53,490 --> 00:49:59,970 meet on site. It's approximately 1,200 square foot speed. 601 00:50:00,000 --> 00:50:25,400 I'll be using 600 square feet of it for the manufacturer, the manufacturing portion. The other half is an office just where I plan to do administrative tasks. So the manufacturing site and questions are approximately 600 square feet total. I'm just asking to work with the city and obviously the state and federal government to allow me to participate and to manufacture. 602 00:50:27,620 --> 00:50:29,780 We'll try to be as brief as possible. 603 00:50:30,900 --> 00:50:35,940 As I stated, the product is made, fermented honey, water and yeast. 604 00:50:37,000 --> 00:50:40,780 We'll be made in small batches, less than 12 gallons per batch. 605 00:50:42,560 --> 00:50:45,320 With a scale appropriate to the size of the building, 606 00:50:47,300 --> 00:50:50,260 I'm not looking to grow beyond, 607 00:50:52,440 --> 00:51:01,560 to be the next Miller or anything like that, but just to engage in manufacturing a small scale. 608 00:51:03,400 --> 00:51:16,600 Manufacturing, bottling, no tap room, no onsite consumption other than what is allowed by the city and TABC known as tastings. 609 00:51:16,600 --> 00:51:31,060 But even the majority of those, I plan to have off-site because the facility is itself, as you've seen, rather industrial, and I find that going to another winery and hosting these sort of tastings would be more to benefit anyway. 610 00:51:32,740 --> 00:51:43,380 I plan to market to local businesses first, spreading out from there as it takes root, but 611 00:51:43,380 --> 00:51:50,140 really participating in the local economy as much as possible, purchasing from local food 612 00:51:50,140 --> 00:51:58,080 markets, the fruits, the honey, any herbs that I use would be purchased locally first. 613 00:52:00,860 --> 00:52:05,140 I don't want to really grow beyond the city that I live in anyway. 614 00:52:06,000 --> 00:52:14,300 I live here. My daughter goes to school here, and I want to do business here as well. 615 00:52:15,320 --> 00:52:27,340 A conceptual look at the space, this is just the 600 square foot warehouse site, approximately 120 square feet for a cooler fermentation room. 616 00:52:28,100 --> 00:52:43,360 I will have at the very beginning only four individual fermenters size that 15 gallons to a count for head space above my 12 gallon batch size. 617 00:52:43,420 --> 00:52:48,400 The rest of the site will be used for battling packaging and dry storage. 618 00:52:51,600 --> 00:53:01,580 I have given the process that I use for production, not sure how many of you might be interested 619 00:53:01,580 --> 00:53:02,000 in this. 620 00:53:02,120 --> 00:53:04,480 I'd be happy to talk about it at great length. 621 00:53:04,880 --> 00:53:07,280 Should you be willing to do so? 622 00:53:10,760 --> 00:53:17,720 My intended start, my intended production start is approximately 12 gallons per quarter. 623 00:53:18,500 --> 00:53:33,440 For the first two quarters of operation, that's to allow me to properly size my recipes, scale everything up as need be in preparation for our first production runs. 624 00:53:34,160 --> 00:53:41,380 By my third quarter, I plan to be making approximately 40 gallons per quarter, and that should persist for about the next five quarters. 625 00:53:42,020 --> 00:53:49,300 And then, beyond that, I have not gotten a solid business plan in place for beyond that. 626 00:53:49,360 --> 00:53:51,920 I've just looked into open the doors and get started. 627 00:53:53,420 --> 00:54:01,740 I do believe the facility could scale to 150 to 200 gallons per quarter, but that would 628 00:54:01,740 --> 00:54:03,560 be the top end for me anyway. 629 00:54:03,620 --> 00:54:06,920 If I'm making that much, I need to look into a new bigger facility. 630 00:54:09,520 --> 00:54:14,280 So, my operations from the very beginning, 631 00:54:16,380 --> 00:54:22,220 I'm super focused on preventing waste, preventing 632 00:54:22,220 --> 00:54:29,360 water waste, especially my fermentation process uses a lot of water. 633 00:54:29,360 --> 00:54:52,900 So, I already have operational processes in place to support safe water consumption at the facility, along with compliance with environmental standards, above and beyond exceeding city, environmental standards and restraints. 634 00:54:52,900 --> 00:54:58,900 And I want to reiterate that the facility has... 635 00:55:00,020 --> 00:55:22,040 Nearly zero planned foot traffic, zero onsite consumption. Any sale on premises would be by the bottle and in a bag or a box and to be carried off site. I expect that to be less than 5% of my total sales. 636 00:55:22,040 --> 00:55:31,740 the majority of my sales coming from kegsales to local bars, other wineries, and going out 637 00:55:31,740 --> 00:55:37,500 to events, rent fairs, and the like here in Texas. 638 00:55:41,860 --> 00:55:48,180 I understand what kind of business I'm getting into and the resistance that that might bring, 639 00:55:48,180 --> 00:55:59,160 But I want to assure everyone here that I intend to comply with all of the layers of government that weigh upon me with a business like this. 640 00:55:59,980 --> 00:56:06,020 So I urge you to please feel free to ask any questions. 641 00:56:07,580 --> 00:56:12,560 I'm ready somewhat and I'll look forward to your feedback. 642 00:56:15,980 --> 00:56:23,680 How long does that, I can't remember how the eight steps or so of that process, how long does that take from start to finish? 643 00:56:24,440 --> 00:56:32,940 So from the day I first mixed the ingredients until the day I'm bottling, it's approximately three and a half months. 644 00:56:34,780 --> 00:56:44,580 In 20 gallons, trying to think scale of how much you're going to have coming out of this location. 645 00:56:44,580 --> 00:56:53,640 So I was going to bring a bottle with me just to show you the size of my bottles, but that doesn't really put into perspective how big the cags are. 646 00:56:54,640 --> 00:57:01,200 20 gallons is approximately 100, 500 ml bottles. 647 00:57:01,860 --> 00:57:09,840 So think about about a pint or so about a hundred pints. 648 00:57:10,840 --> 00:57:19,400 So, I mean, you're at 200 or a quarter, we're not having truck loads of me coming out. 649 00:57:20,800 --> 00:57:25,960 I don't intend to block the other residents of this commercial park. 650 00:57:25,960 --> 00:57:38,920 So I should be able to manage deliveries of any inbound, like the bottles, any cake deliveries 651 00:57:38,920 --> 00:57:53,100 in small box trucks, distribution is intended and they, you know, I have a small, lift commercial 652 00:57:53,100 --> 00:58:05,620 lifestyle door on the facility, and the medium-sized semis, I think they're 27 foot. They can 653 00:58:05,620 --> 00:58:12,460 back in pretty easily in that space, but I intend no more obstruction than any of the other 654 00:58:12,460 --> 00:58:13,860 commercial businesses on the property. 655 00:58:16,000 --> 00:58:20,840 And the tasting portion of this, like you said, 656 00:58:20,980 --> 00:58:26,660 has got a lot of the feedback on that, but doesn't sound like it's going to be, 657 00:58:26,660 --> 00:58:31,960 you know, the kind of place where a group is going to come and hang out on a Saturday night 658 00:58:31,960 --> 00:58:34,160 and drink three bottles of meiden. 659 00:58:35,180 --> 00:58:36,720 I'll be the first one around and I'm off. 660 00:58:37,480 --> 00:59:06,420 The tastings would be, I'll have to get clear with the TABC guidelines, but the tastings must be, it's less than a half an ounce, and my ABV ranges from five and a half percent to 19 percent on the high end, so it would be comparable with a wine tasting, but I don't really intend to do that on site unless 661 00:59:08,120 --> 00:59:15,140 There's some specific event that I'm allowed to do by this by the council and in the city 662 00:59:16,600 --> 00:59:22,400 I've already set up to do most of this stuff off-site. I've got a friend up in color that runs a winery 663 00:59:23,480 --> 00:59:31,640 And he's agreed to let me use his room for these events. So I'm looking to do as much away from this site as possible 664 00:59:32,640 --> 00:59:35,820 It's just purely for utilitarian purposes 665 00:59:37,480 --> 00:59:42,260 Any other questions for the yeah, I'm looking at that you guys have for Clayton this 666 00:59:43,660 --> 00:59:50,000 What the one question I have is how many employees do will you have I just look at this one just me? 667 00:59:50,300 --> 00:59:53,640 Okay, I intend to have people they're on site 668 00:59:54,920 --> 00:59:56,680 on like bottling day 669 00:59:57,680 --> 00:59:59,960 There may be up to three or four 670 01:00:00,000 --> 01:00:10,780 People helping me on just one or two days over a weekend. The weekend traffic at this facility is already light. Most of these businesses are Monday through Friday. 671 01:00:13,200 --> 01:00:20,120 I have two allocated parking spaces on the site and I don't intend to go beyond that. 672 01:00:22,230 --> 01:00:29,030 If we place a condition that any kind of tasting like anything that's beyond just like the occasional one 673 01:00:29,810 --> 01:00:38,510 Will not occur on the side and if that is gonna be a ongoing thing that something you can come back and request additional approval for is that something 674 01:00:39,110 --> 01:00:40,830 Could be okay with 675 01:00:41,950 --> 01:00:42,510 so 676 01:00:43,750 --> 01:00:45,450 A provisional restriction 677 01:00:45,450 --> 01:00:52,050 On tastings of any kind on the site. Is that what you're saying? Well, I mean beyond just maybe for your whole sailors 678 01:00:52,230 --> 01:01:02,430 You know, you don't want the general public to be coming in there for taste things like a wine bar, so yeah, yes 100% I agree with that 679 01:01:02,430 --> 01:01:06,390 It's there's I'm not really going to be set up for that 680 01:01:07,570 --> 01:01:13,370 If a distributor wants to come and meet with me probably not going to meet at the side either 681 01:01:13,370 --> 01:01:17,770 We may go over there and visit to have them look at what I'm doing 682 01:01:17,770 --> 01:01:23,950 But this is, this is not a site that's intended for showing off. 683 01:01:23,950 --> 01:01:24,850 We're going to have tours. 684 01:01:25,650 --> 01:01:28,330 I mean, 50 bucks ahead, sure. 685 01:01:29,910 --> 01:01:29,970 Okay. 686 01:01:32,180 --> 01:01:32,620 Very good. 687 01:01:32,700 --> 01:01:34,300 Any other questions for the applicant? 688 01:01:35,400 --> 01:01:36,160 All right. 689 01:01:36,400 --> 01:01:36,720 Poor thing. 690 01:01:37,180 --> 01:01:37,240 Thank you. 691 01:01:38,260 --> 01:01:39,960 We'll have Clayton present and just hang tight. 692 01:01:40,060 --> 01:01:41,400 We may have more questions for you later. 693 01:01:48,840 --> 01:01:53,740 Okay. So just the summary of what we're looking at this request 694 01:01:53,740 --> 01:01:56,900 to add the winery for this special development plan. 695 01:01:57,580 --> 01:02:04,400 This 8.3 acres site, one smaller, and I think I heard 1200 square feet, 1200 square 696 01:02:04,400 --> 01:02:04,640 feet. 697 01:02:04,840 --> 01:02:05,540 Okay, thank you. 698 01:02:05,780 --> 01:02:12,640 We had measured out about 1,000 square feet, so just a point to bring up the proposed conditions 699 01:02:12,640 --> 01:02:16,360 and standards that are included with the packet of campus square foot of the 1,000 square 700 01:02:16,360 --> 01:02:18,960 feet, because we figured this was about 900 or so. 701 01:02:18,960 --> 01:02:23,940 So if there is a motion to approve this and pass along to City Council, 702 01:02:23,940 --> 01:02:26,980 I'd like to bump that number up to at least 12 hundred square feet on that 703 01:02:26,980 --> 01:02:30,160 cap on the square footage just so we don't box that in. 704 01:02:30,340 --> 01:02:31,280 And that's just early. 705 01:02:32,580 --> 01:02:35,260 So we have a thousand square feet here that was just our estimate off of the 706 01:02:35,260 --> 01:02:37,080 site, off the space plan that was there. 707 01:02:37,900 --> 01:02:39,380 So we'll say 12 hundred square feet, at least, 708 01:02:39,520 --> 01:02:41,060 area for that particular suite. 709 01:02:43,380 --> 01:02:44,200 I've included this. 710 01:02:44,400 --> 01:02:45,700 I discussed this as the work session. 711 01:02:46,220 --> 01:02:49,940 I think there was some a lot of the correspondence that we received 712 01:02:49,940 --> 01:02:53,500 regarding this, I think, may have been a misunderstanding about the scope of the project 713 01:02:53,500 --> 01:02:58,960 and conditions in the relationship to the property, because we include, when we'd send 714 01:02:58,960 --> 01:03:04,000 out notifications for zoning cases, we're required to use basically the property boundaries 715 01:03:04,000 --> 01:03:04,700 for that. 716 01:03:05,120 --> 01:03:10,140 So this is a eight-acre site that we were using for the notification area. 717 01:03:10,640 --> 01:03:12,820 So the site is there in the hatched area. 718 01:03:13,280 --> 01:03:18,360 The larger blue line is the notification area, so every property within that, or touches 719 01:03:18,360 --> 01:03:21,960 that we sent out public notice on for this particular public hearing tonight. 720 01:03:22,500 --> 01:03:29,020 Even though the site itself is just a small 1,200 square foot area there identified by 721 01:03:29,020 --> 01:03:29,700 the green box. 722 01:03:30,440 --> 01:03:33,140 So we think there might have been some little bit misunderstanding about what the scope of 723 01:03:33,140 --> 01:03:37,500 that is compared to what the operation was, so we wanted to provide this just for informational 724 01:03:37,500 --> 01:03:41,340 purposes tonight, just in case for a question that came up about that. 725 01:03:43,500 --> 01:03:45,440 So this property is in the TOD district. 726 01:03:45,500 --> 01:03:48,700 This is the regulating plan for the Smithfield TOD. 727 01:03:48,700 --> 01:03:55,700 This is a 200 plus acre area, the site, the under consideration here where the green star areas is up there in Northeast Parkway. 728 01:03:57,380 --> 01:04:05,240 There are multiple character zones in this area, primarily everything on the east side of Davis Boulevard is in a mixed use general mixed use area. 729 01:04:05,920 --> 01:04:15,420 So that's intended for a very wide range of uses. It could include things from retail, office, residential, some industrial type operations, very broad mix of things. 730 01:04:15,420 --> 01:04:20,600 And if you've been out in that side, you'll see some older industrial areas here, some 731 01:04:20,600 --> 01:04:25,860 newer residential areas been constructed across from this area, some newer industrial 732 01:04:25,860 --> 01:04:30,680 or newer commercial retail, and residential there in the south portion of the site, and 733 01:04:30,680 --> 01:04:34,100 some activity there in other spots along the west side of the AIS Boulevard. 734 01:04:35,020 --> 01:04:40,620 But bottom line is this is a very large mixed use intended to be mixed use area for trying 735 01:04:40,620 --> 01:04:45,400 to encourage new development but also trying to ensure that existing uses are able to 736 01:04:45,400 --> 01:04:51,540 continue along in this within the TOD district and to allow other improvements and things to 737 01:04:51,540 --> 01:04:57,300 be made over the course of time prior to any kind of other redevelopment that might occur. 738 01:04:57,720 --> 01:04:59,960 But this is a regulating plan that ties in as well with the... 739 01:05:00,000 --> 01:05:06,320 The zoning district for the TOD. So, if you look on the zoning map, this area is all zone for that TOD area. 740 01:05:09,160 --> 01:05:13,800 There was some references to the ACOLIC beverage codes. We provided some map just showing those standards here. 741 01:05:14,440 --> 01:05:19,480 The city's code, which mirrors the state ACOLIC beverage commission code, does have requirements, 742 01:05:19,660 --> 01:05:26,880 distance requirements from establishments that might sell ACOLIC beverages, either from churches and public hospitals, 743 01:05:26,880 --> 01:05:28,640 and also from public and private schools. 744 01:05:29,580 --> 01:05:36,220 So under the current codes, there is a distance requirement for properties that might have 745 01:05:36,220 --> 01:05:41,760 an establishment that sells alcoholic beverages from a school property, and that minimum requirement 746 01:05:41,760 --> 01:05:42,740 is 300 feet. 747 01:05:43,000 --> 01:05:45,600 So that's a property line, a property line, a property line, a measurement. 748 01:05:46,740 --> 01:05:50,900 So if you were to look at the site under consideration here on Northeast Parkway, and compare 749 01:05:50,900 --> 01:05:54,580 that to the property where Smithfield Elementary School is on the other side of Davis Boulevard, 750 01:05:55,020 --> 01:05:59,060 It's a little over 560 square feet as the crow flies from proper line to proper line. 751 01:05:59,740 --> 01:06:01,600 So it does exceed that 300 foot distance. 752 01:06:02,640 --> 01:06:07,960 Even though it's not affected here, if there were a church in this area or a daycare center or a public hospital, 753 01:06:08,940 --> 01:06:11,880 that 300 foot distance does apply, but the measurement is different. 754 01:06:12,540 --> 01:06:15,460 That is measured from door to door from those two establishments. 755 01:06:15,840 --> 01:06:18,540 The only one that is proper line to proper line is to a school. 756 01:06:18,960 --> 01:06:20,680 So that's what we've shown here on this particular map. 757 01:06:22,120 --> 01:06:27,380 And then for additional reference, there are other existing alcohol permits within this area. 758 01:06:27,980 --> 01:06:30,340 There are two gas station convenience stores. 759 01:06:30,500 --> 01:06:32,060 They're at the corner in Northeast Parkway. 760 01:06:32,480 --> 01:06:36,820 They both have permits that would allow for basically beer and wine sales, package sales, 761 01:06:37,060 --> 01:06:40,360 not for on-premise consumption, but for carry-out. 762 01:06:40,540 --> 01:06:43,920 Same with the break-time convenience store. 763 01:06:44,040 --> 01:06:45,320 They're a Smithfield and Main Street. 764 01:06:46,480 --> 01:06:48,400 They're in that southwestern portion of the property. 765 01:06:48,400 --> 01:06:53,680 and then back for Barbecue has a mixed beverage permit for their operations there at that particular restaurant. 766 01:06:54,280 --> 01:06:57,620 So just for comparative purposes, those are the existing permits that are within that area. 767 01:06:58,160 --> 01:07:00,720 This would be a different type of permit, but similar in operation. 768 01:07:04,130 --> 01:07:07,770 So following your action tonight, I say the Council will consider this on September 14th. 769 01:07:08,370 --> 01:07:14,450 We're happy to answer any questions prior to the public hearing or address any questions I might come up here in the public hearing. 770 01:07:15,130 --> 01:07:15,730 Thank you. 771 01:07:20,780 --> 01:07:21,660 Any questions? 772 01:07:22,640 --> 01:07:25,580 Can I just have a clarification on one question here? 773 01:07:26,140 --> 01:07:29,520 Do you know what the occupancy rate is of that industrial park? 774 01:07:30,800 --> 01:07:34,860 I don't, I'm sorry, we don't know the occupancy of it. 775 01:07:35,500 --> 01:07:38,160 We have driven through it several times over the last couple of weeks. 776 01:07:39,060 --> 01:07:42,040 There are a number of businesses that are operating out of that area. 777 01:07:42,260 --> 01:07:46,060 A number of CEOs that do exist there for wide range of uses. 778 01:07:46,300 --> 01:07:49,180 A lot of commercial uses, service types of operations, 779 01:07:50,040 --> 01:07:56,260 would working shops, warehousing services that provide for hot times and pools and things of that nature. 780 01:07:57,540 --> 01:08:02,020 It looks like it's pretty well occupied, but there's not a lot of signage in the development. 781 01:08:02,740 --> 01:08:05,120 This is not really a destination type of property. 782 01:08:05,900 --> 01:08:08,180 So there's not usually a lot of signage associated with that. 783 01:08:08,280 --> 01:08:12,220 So there are probably people operating at that, they just don't pay for extra signage. 784 01:08:13,000 --> 01:08:19,160 But we don't know the exact occupancy for it, but there are quite a number of businesses currently. 785 01:08:19,160 --> 01:08:20,860 there. Thank you. 786 01:08:21,400 --> 01:08:24,090 Yeah. Excuse me. 787 01:08:24,370 --> 01:08:25,490 Good. And this was. 788 01:08:25,490 --> 01:08:27,130 Put you on the spot a little bit. 789 01:08:27,570 --> 01:08:29,390 I'm ready for it. 790 01:08:29,530 --> 01:08:30,790 Thank you. 791 01:08:32,110 --> 01:08:36,070 Why don't we talking about making sure our possible have an exemption more. 792 01:08:36,210 --> 01:08:37,670 There is no tasting or anything. 793 01:08:38,230 --> 01:08:40,190 I want to make sure we protect Mr. 794 01:08:40,290 --> 01:08:40,870 Right now for sure. 795 01:08:41,130 --> 01:08:45,190 There are any unintensive consequences you can think of off top of your head about. 796 01:08:46,250 --> 01:08:48,090 If that restriction could cause something. 797 01:08:48,810 --> 01:08:50,650 The restriction on tastings? 798 01:08:52,490 --> 01:08:56,150 The only thing I can offer on that is that's not something that's covered under the 799 01:08:56,150 --> 01:08:57,850 City Codes for that. 800 01:08:58,270 --> 01:09:00,750 Usually that's part of the operation that you would get. 801 01:09:01,410 --> 01:09:03,850 When they apply for their permit from I call it Mayor Rich Commission. 802 01:09:04,270 --> 01:09:06,610 They apply for the winery permit in this case. 803 01:09:07,050 --> 01:09:11,710 And there are allowances under that license and permit to be able to do certain things. 804 01:09:12,230 --> 01:09:13,970 And some of those things are tastings. 805 01:09:13,970 --> 01:09:23,830 So that's not a, not something that's covered in the city code to allow for strict those that's completely the alcoholic beverage controls the operations of those things. 806 01:09:24,510 --> 01:09:29,210 What the zoning would provide for is this particular use authorized there. 807 01:09:29,750 --> 01:09:34,790 And then that function in conjunction with whatever the permit from the state would allow for. 808 01:09:35,510 --> 01:09:39,910 I think the closest quarterly I can think of are drone operations that wean is doing. 809 01:09:40,670 --> 01:09:45,050 the zoning that's permitted for that, basically sets up the conditions for the site 810 01:09:45,050 --> 01:09:48,990 improvements where they can be located, you know, those require special zoning approvals, 811 01:09:49,530 --> 01:09:54,510 but once the drone leaves the air that drone falls under the FAA type of regulation and not 812 01:09:54,510 --> 01:09:59,910 city regulation. So this is kind of a similar type of situation to where the use could be permitted. 813 01:10:00,000 --> 01:10:06,840 But the operations of how they functioned the business and the things that are permitted under that permit would fall into the 814 01:10:06,840 --> 01:10:13,980 Occult Babish Commission control. So, there could be a condition that could be attached that ultimately could just be 815 01:10:15,420 --> 01:10:18,080 unenforceable by the city since that's not the city's jurisdiction. 816 01:10:19,760 --> 01:10:20,120 Okay. 817 01:10:20,200 --> 01:10:23,780 Well, the big concern is really on the parking, right? Because, 818 01:10:24,000 --> 01:10:29,020 and they have the public coming in and then the parking becomes tight and that's really the issue that 819 01:10:29,020 --> 01:10:34,500 I'm looking at as a consequence of that activity being held. 820 01:10:34,560 --> 01:10:37,960 We control land uses that deal with people coming in and out, 821 01:10:38,160 --> 01:10:40,920 but it's retail or industrial. 822 01:10:41,640 --> 01:10:45,380 And the fact is that since they only have two parking spaces, 823 01:10:46,280 --> 01:10:49,160 I really think that's where I'm looking at saying 824 01:10:49,160 --> 01:10:52,020 that we don't want to have a lot of that in and out traffic. 825 01:10:53,220 --> 01:10:57,620 And we're not trying to control what the TVC license would allow them 826 01:10:57,620 --> 01:11:04,580 to do, but it's more of the externality of people coming in and the impact on the parking 827 01:11:05,160 --> 01:11:09,740 is what I am kind of putting that, trying to put that limitation. 828 01:11:13,920 --> 01:11:16,840 I think Cheryl, you might have jumped in. 829 01:11:18,420 --> 01:11:26,720 Okay, so really, your retail part of it would just be for people to come by individual 830 01:11:28,140 --> 01:11:36,280 bottles. So that sounds more than the tasting. But you're not expecting a lot of 831 01:11:36,280 --> 01:11:40,780 a mean your door to be knocked down by hundreds of people to come by. 832 01:11:41,280 --> 01:11:48,040 No, not at all. In fact, I don't even intend to have the doors unlocked for the majority 833 01:11:48,040 --> 01:11:56,440 of the week, maybe in off hours. But most of my individual bottle sales would be, hey, I want 834 01:11:56,440 --> 01:12:09,020 I'm buying, get a couple of bottles, I'm going to take them to a wedding, or I want to, you know, buy a couple for my, you know, my cousins or whatever, it's, it's not the intended primary sale approach for my business. 835 01:12:09,640 --> 01:12:15,420 I'm going to be putting the majority of my product in cags to sell to local businesses. 836 01:12:15,420 --> 01:12:20,500 And you said when you do a tasting, the T.A.B.C. permit allows you to do it. 837 01:12:20,500 --> 01:12:21,360 You said an ounce and a half. 838 01:12:21,980 --> 01:12:24,380 It's a, I think it's under a half ounce for a tasting. 839 01:12:24,520 --> 01:12:27,800 I'd have to review that to be sure, but I believe it's under a half ounce. 840 01:12:28,740 --> 01:12:35,080 And even then, I don't, I don't, I don't intend to bring people to this, to this site for their tastings. 841 01:12:36,060 --> 01:12:41,420 If I'm in dire straits and somebody just has to come by and I need to, 842 01:12:41,420 --> 01:12:50,620 I can file anything in, you need, absolutely, but I do not intend to have official tastings here. 843 01:12:51,060 --> 01:12:58,520 Right, and part of it, we discussed in the work session, and I think some of the feedback from the community brought it up too, 844 01:12:59,180 --> 01:13:05,440 but as we do a development plan, or especially use permit, which isn't what this is, 845 01:13:06,000 --> 01:13:12,780 But part of what we have to think of is, you know, you've created a use that happens in the area. 846 01:13:13,760 --> 01:13:20,300 You don't open it to the public sounds like necessarily, but the next person, not saying you're going anywhere, 847 01:13:21,040 --> 01:13:29,300 but we have to think that if the next person who comes in to do that use, you know, we have to think of how they would do. 848 01:13:29,300 --> 01:13:33,640 But, and then, kind of, jump in between the two of you. 849 01:13:33,940 --> 01:13:36,900 But Clayton, it sounds like, as you're answered to Kyle, 850 01:13:38,980 --> 01:13:43,940 it's kind of murky as to what, as a zoning is able 851 01:13:43,940 --> 01:13:48,860 to regulate in terms of the activities to that degree. 852 01:13:49,060 --> 01:13:50,600 I guess the operations of the use. 853 01:13:50,760 --> 01:13:51,860 Yeah, that's correct. 854 01:13:52,520 --> 01:13:56,540 The alcoholic beverage commission controls pretty much all 855 01:13:56,540 --> 01:13:57,180 of the operations. 856 01:13:57,180 --> 01:14:02,360 how they do the things, how they bother the stuff, how they store the materials, how they 857 01:14:02,360 --> 01:14:06,360 market it, how they sell it, how they label it, those sorts of things. Those are outside 858 01:14:06,360 --> 01:14:11,120 of cities controlled because that's controlled by different government agencies at state level. 859 01:14:12,320 --> 01:14:17,720 Other things that we would look at too for this particular type thing. I mean, this winery is essentially 860 01:14:17,720 --> 01:14:22,640 sort of a manufacturing type of operation, which is kind of how we've been viewing it. 861 01:14:26,720 --> 01:14:27,160 It's 862 01:14:27,160 --> 01:14:30,140 establishment or a retail store or anything like that. 863 01:14:30,280 --> 01:14:32,640 So we were looking at it more as a production facility, 864 01:14:33,400 --> 01:14:36,000 which is what the Wine Repairment really is from the state, 865 01:14:36,820 --> 01:14:38,840 and not necessarily a retail top operation. 866 01:14:40,360 --> 01:14:42,460 It's hard to, the Wine Repairment 867 01:14:42,460 --> 01:14:44,100 can cover something this small and also 868 01:14:44,100 --> 01:14:46,560 can construct something as large as hundreds of acres 869 01:14:46,560 --> 01:14:49,040 and great buying taxes to be able to do that. 870 01:14:49,080 --> 01:14:51,480 So those activities are vastly different in scale, 871 01:14:52,180 --> 01:14:56,080 but this is more of a production manufacturing 872 01:14:56,080 --> 01:14:59,960 industrial type of operation, more than anything else at the site. And that's kind of how we do. 873 01:15:00,000 --> 01:15:06,300 We're going to do this issue in a parking situation and just the general use of the property. 874 01:15:07,180 --> 01:15:13,300 So that's been our focus on that, is outside of those operations. If that helps address some of those. 875 01:15:13,300 --> 01:15:13,640 Excuse me. 876 01:15:19,970 --> 01:15:29,370 One thing I was kind of curious on this, you know, with the TOD, in that general mixed use zoning, 877 01:15:29,370 --> 01:15:41,510 And I guess the vision 2030 aspect of all of this is that industrial park kind of the vision for that. 878 01:15:41,630 --> 01:15:48,450 I know we don't like develop land, but is that long-term kind of the vision for this area? 879 01:15:48,710 --> 01:15:51,150 Would it be an industrial parker? 880 01:15:51,150 --> 01:15:55,150 And I think if you basically take this 881 01:15:55,830 --> 01:16:04,350 concept, this regulating plan and look at that as kind of the guiding idea of what that area should be. 882 01:16:04,350 --> 01:16:10,790 Certainly it's not going to be something that occurs overnight that all of this property suddenly becomes a larger mixed-use area, 883 01:16:11,430 --> 01:16:14,810 but its properties might redevelop. 884 01:16:15,610 --> 01:16:19,330 There could be a point where this property owner decides that they want to do something different to the property. 885 01:16:20,330 --> 01:16:26,070 This is not related to this application, but a number of years ago, I would say probably seven or eight years ago. 886 01:16:26,790 --> 01:16:30,330 The previous property owner had thought about making some upgrades to the site. 887 01:16:31,210 --> 01:16:36,950 It was more site improvements, aesthetic improvements to try to bring the property a little bit closer to compliance, 888 01:16:37,070 --> 01:16:39,550 but there wasn't a lot of changes about the actual uses of the property. 889 01:16:40,510 --> 01:16:43,430 So it was still kind of geared towards this more commercialized operation. 890 01:16:44,630 --> 01:16:49,530 So, we're not aware that this current propaganda has any plans to do that, that's certainly 891 01:16:49,530 --> 01:16:50,670 something they could consider. 892 01:16:51,230 --> 01:16:54,330 I mean, we would use the guidelines and the TOD district to kind of help them along with 893 01:16:54,330 --> 01:16:54,990 that. 894 01:16:55,990 --> 01:16:58,370 But, you know, overall is, you know, these properties build out. 895 01:16:58,370 --> 01:17:01,830 You know, this is a very, very long range plan for the TOD area. 896 01:17:02,570 --> 01:17:06,170 So, it's something that could happen in the future for this site. 897 01:17:06,410 --> 01:17:09,230 We'll property south of this if the timing is right. 898 01:17:09,230 --> 01:17:14,330 the, you know, if all the things line up appropriately for it, and they decided to do that, 899 01:17:14,550 --> 01:17:19,510 then there are this easy, generally an easy process to get through that to be able to be developed site. 900 01:17:20,490 --> 01:17:20,510 Yeah. 901 01:17:20,710 --> 01:17:24,030 I mean, I think the whole, like what we've got on the map, the screen there, right? 902 01:17:24,310 --> 01:17:30,510 Like, I know there's a lot happening, or that has been discussed around the station, 903 01:17:31,270 --> 01:17:38,810 and Main Street, the character zone, and I could just see this being a really cool area in the city. 904 01:17:38,810 --> 01:17:46,930 And not necessarily an entertainment district next to the house there, which I think is what a lot of people were fearing. 905 01:17:47,810 --> 01:17:49,810 I think a lot of the comments weren't geared towards that, yes. 906 01:17:52,430 --> 01:17:57,630 But that's, I guess, was something I was just curious about as far as the TOD. 907 01:17:58,110 --> 01:18:07,870 A lot of the focus that we've seen, of course, in this southern western portion of it, you know, around holiday laying in a lot of residential developments occurred over there in the last 10 years. 908 01:18:07,870 --> 01:18:13,870 some stuff here along Smithfield Road so this area here you're seeing a lot of activity 909 01:18:13,870 --> 01:18:18,290 some new construction down here just south of the mid cities Boulevard with the new building 910 01:18:18,290 --> 01:18:24,590 the Starbucks and the construction books down there at Bridge Street, New Residential Development 911 01:18:24,590 --> 01:18:29,450 Golden Grove over in this area a Rickford-Garrow has been developing quite a bit 912 01:18:29,450 --> 01:18:37,850 redeveloping his properties in this area too. So there's a lot of little pieces that are 913 01:18:37,850 --> 01:18:44,010 for that. So, you know, those things happen and it kind of guides future development decisions 914 01:18:44,010 --> 01:18:45,010 somebody might make. 915 01:18:49,130 --> 01:18:54,970 Any other questions? Yeah, there's approximately 100,000 square feet like 916 01:18:54,970 --> 01:19:01,490 if they call the four buildings, if each building is what 24,000. Oh, yeah, if you take all five 917 01:19:01,490 --> 01:19:10,710 buildings on that side, it's about a hundred and there's one show not shown here, it's kind of 918 01:19:10,710 --> 01:19:17,270 Well, I mean, even at like 50% occupancy, that's a lot of existing uses that are not 919 01:19:17,270 --> 01:19:22,770 probably going to go away in time soon. And you don't want to close a cash-flowing business 920 01:19:22,770 --> 01:19:30,830 and you definitely want to encourage local, small manufacturing uses like the one that's being proposed. 921 01:19:31,490 --> 01:19:33,730 There's a lot of small businesses in this facility. 922 01:19:40,240 --> 01:19:46,820 This request is no different than if you move just south inside the same Smithfield planning area. 923 01:19:47,380 --> 01:19:52,520 This is the same request that somebody like Keyworth would have had to put in to facilitate their correct. 924 01:19:53,180 --> 01:19:54,940 That's exactly the same process, yes sir. 925 01:19:55,220 --> 01:19:59,960 Just sort of we're staying consistent as a board that's the exact same request. 926 01:20:00,000 --> 01:20:04,580 Questions that would have been put in down there in the same development area, if you will? 927 01:20:05,140 --> 01:20:10,140 Yes. Keyworth is a little bit different type of operation. They have a different kind of license from the state. 928 01:20:11,680 --> 01:20:21,460 They do re-work there, but they also are a place to where you can, much like false idol is, another part of town. You can go there to actually drink at the location. 929 01:20:21,460 --> 01:20:26,040 Yeah, I'll see you set up for that from the process standpoint exactly the same yes, sir 930 01:20:32,720 --> 01:20:38,620 Commissioners before I ask for any for emotion, are there any other clarifying questions or a quest for a bush 931 01:20:38,620 --> 01:20:43,100 I'm sorry, we haven't done the public hearing. I don't think have we oh, yes, that's good 932 01:20:43,100 --> 01:20:44,900 So I didn't miss that during all the 933 01:20:46,780 --> 01:20:49,720 So before we do that we're gonna do the public hearing 934 01:20:50,920 --> 01:20:51,320 Let 935 01:20:53,760 --> 01:20:55,460 me get my verb and cheer 936 01:20:58,430 --> 01:21:13,870 So, we'll now, the public hearing is open for KCC-26-0163, and is there anyone who would like to speak on the item that you can come forward now? 937 01:21:14,290 --> 01:21:18,070 State your name and record for the, or for the name and address for the record? 938 01:21:22,050 --> 01:21:30,670 Hey y'all, I'm Bobby Gomez, I love it 777-14 Sabolane in North Richland Hills, which is not near this development, but adjacent to the TOD. 939 01:21:30,810 --> 01:21:35,050 So I'm always very excited to talk about the TOD. It's a big reason why I moved here. 940 01:21:35,950 --> 01:21:39,790 This is a cool development. I'm in support of it. I think it's a good thing to do. 941 01:21:41,170 --> 01:21:45,950 I also, I misunderstood the posting and so I was thinking this was going to be a full 8-acre development. 942 01:21:45,950 --> 01:21:50,930 And I was like, this could be cool, but we'd have to do a whole lot more than what I saw on the space plan. 943 01:21:51,530 --> 01:21:55,930 So if you guys read that email that I sent in, you can probably disregard 90% of that. 944 01:21:56,130 --> 01:22:00,950 But I would love to see a large development here with some good TOD stuff going on. 945 01:22:01,070 --> 01:22:01,950 That could include a meetery. 946 01:22:02,070 --> 01:22:02,910 I think that'd be awesome. 947 01:22:04,610 --> 01:22:04,630 Yeah. 948 01:22:05,490 --> 01:22:11,710 One thing I will say is that the memo says that the planning is only commission. 949 01:22:11,710 --> 01:22:19,330 And the council would consider the extent to which the application meets the following, and then it's got five bullets that I won't read out. 950 01:22:20,070 --> 01:22:29,490 But I think this only really meets two of those in that it's similar to the current uses, and that it doesn't inhibit a future development to be more intense. 951 01:22:30,030 --> 01:22:37,510 But it doesn't really meet the purpose or the goals of the TOD, right? That should be a walkable mixed use space, and this is a very small thing. 952 01:22:37,510 --> 01:22:39,350 So that's why I still think this is a great idea. 953 01:22:39,450 --> 01:22:42,430 I'm still in support of this, but I will make that statement 954 01:22:42,430 --> 01:22:45,550 of how this doesn't necessarily meet those five goals, 955 01:22:45,630 --> 01:22:47,070 at least that are met with Staten the memo. 956 01:22:48,350 --> 01:22:48,950 But that's it. 957 01:22:49,090 --> 01:22:50,110 Thank you guys so much. 958 01:22:51,090 --> 01:22:51,850 Thank you. 959 01:22:53,650 --> 01:22:56,750 I forgot to ask, do we have any other, any cards or anything? 960 01:22:57,130 --> 01:22:58,330 People, I was the only one. 961 01:22:58,490 --> 01:23:00,830 Anybody else who would like to speak on this item? 962 01:23:05,990 --> 01:23:07,530 Seeing nobody else to come forward, 963 01:23:07,830 --> 01:23:09,730 we will close the public hearing. 964 01:23:11,250 --> 01:23:17,430 And now, commissioners, before I ask for a motion, do you have any clarifying questions or a request for additional motion? 965 01:23:20,140 --> 01:23:22,540 Now, we'll call for a motion on item C2. 966 01:23:25,520 --> 01:23:30,160 I move that we approve CC 26-0173. 967 01:23:34,210 --> 01:23:41,750 Oh, with the addition of the exception of 1200 square feet instead of a thousand. 968 01:23:43,650 --> 01:23:48,900 All right, we got a motion from Cheryl, a second from Mike. 969 01:23:53,910 --> 01:24:01,190 Actually, I had a question about maybe a friendly amendment to the motion to kind of limit 970 01:24:01,190 --> 01:24:08,270 the retail connectivity and keep it more as a manufacturing using if any of that changes 971 01:24:08,270 --> 01:24:09,630 they would have to come back. 972 01:24:10,230 --> 01:24:17,050 Let me, I know we had a meeting about Robert's rule of order once, so she's a motion, 973 01:24:17,050 --> 01:24:24,090 We've got a motion, and now we have a met proposed amendment, so when do I do it, which on that? 974 01:24:25,450 --> 01:24:26,930 Yeah, when can we, yeah? 975 01:24:27,170 --> 01:24:28,730 Yeah, the motion's been made in a second. 976 01:24:29,930 --> 01:24:33,710 The friendly amendment can be offered in the person that may the motion can accept that amendment 977 01:24:34,250 --> 01:24:39,170 and the person that second can agree with that in the final standing of it. 978 01:24:39,950 --> 01:24:43,010 And if they don't agree with that, then the amendment can't be added to the motion. 979 01:24:43,490 --> 01:24:46,530 But if they agree with the amendment, then it can be added to the motion. 980 01:24:47,250 --> 01:24:53,490 But I think during discussion, you can, like, add, and then we have to vote on those things, and then, 981 01:24:53,950 --> 01:24:57,430 I don't think you have to vote on the amendment, but if it's a friendly amendment, then the amendment. 982 01:24:58,010 --> 01:24:59,690 But I have a question note. 983 01:25:00,300 --> 01:25:09,160 You said, like, for instance, with the zoning that the TABC took over, can we even control that, like, restricting where there's not retail? 984 01:25:12,430 --> 01:25:22,170 Because that's what you're asking, right? Yeah. So, can we say only manufacturing and not retail? Because if we can't view that for zoning, there's no sense in. 985 01:25:31,700 --> 01:25:39,160 Why don't we permit under TBC allows the holder of the permit to manufacture a bottle, label and package, 986 01:25:40,160 --> 01:25:43,000 wine containing about more than 20% alcohol, by volume. 987 01:25:43,880 --> 01:25:47,520 Manifactor fruit brandy, sell wine to ultimate customers, 988 01:25:48,920 --> 01:25:52,720 for consumption on the premises, or fund broken packages off premises, 989 01:25:55,000 --> 01:25:56,880 sell the wine outside the state, blend wines, 990 01:25:56,880 --> 01:26:04,100 dispense free wine for consumption on the premises, purchase and import folders, purchase and 991 01:26:04,100 --> 01:26:09,480 import wine from the holder of a non-residential seller's permit, that's a different thing. 992 01:26:10,000 --> 01:26:17,680 And they make and duck samplings and tasting at a retailers business. And so wine to ultimate consumers 993 01:26:17,680 --> 01:26:22,400 for consumption on or off the premises and dispense free wine for consumption often on the premises. 994 01:26:22,960 --> 01:26:28,540 So there are some allowances, it looks like at least on that brief reading of the permit requirements and 995 01:26:28,540 --> 01:26:35,360 TBC that they are allowed under that permit to be able to sell that to customers on the premises. 996 01:26:36,660 --> 01:26:40,360 So you could go in and buy a bottle at the site under that permit. 997 01:26:41,160 --> 01:26:46,880 Okay, so we can't, I mean there's no point in doing the amendment because we can't enforce that. 998 01:26:46,880 --> 01:26:53,020 I don't know if adding a restriction that prohibits retail sales on the site would be anything that we'd be able to enforce 999 01:26:53,760 --> 01:26:55,640 since that would be permitted by the permit. 1000 01:26:56,480 --> 01:26:58,620 You may have something you want to add to that, too. 1001 01:27:03,260 --> 01:27:05,860 I'm just going to remind everybody that this isn't like final action on the site. 1002 01:27:05,900 --> 01:27:07,360 I'm just asked to go before the city council. 1003 01:27:07,520 --> 01:27:11,740 So I think we have a couple of avenues if there's something that you recommend is part of your motion that we determine 1004 01:27:11,740 --> 01:27:15,740 through kind of legal council or for whatever reason that is not appropriate. 1005 01:27:15,880 --> 01:27:19,720 We can make that disclaimer to the city council and kind of give them that advice. 1006 01:27:20,860 --> 01:27:23,860 Additionally, if you wanted to make a motion without that, we can certainly share that 1007 01:27:23,860 --> 01:27:27,860 feedback with the City Council to ask if they would like to include it in their motion, 1008 01:27:28,600 --> 01:27:30,740 assuming that it's appropriate to do so. 1009 01:27:31,120 --> 01:27:35,120 So I just wanted to kind of remind you, we still have another meeting in an opportunity to kind of 1010 01:27:35,120 --> 01:27:36,480 whether this is only a recommendation. 1011 01:27:37,040 --> 01:27:37,220 Correct. 1012 01:27:39,240 --> 01:27:42,780 If you made a recommendation, there was something that we felt like was going to be a problem 1013 01:27:42,780 --> 01:27:46,720 from a legal standpoint, or it was going to maybe the applicant has some time to think about it 1014 01:27:46,720 --> 01:27:48,700 to make impact their business in some manner, 1015 01:27:48,920 --> 01:27:50,180 we could certainly kind of bring that up 1016 01:27:50,180 --> 01:27:53,000 with the city council at the meeting in a couple of weeks. 1017 01:27:54,360 --> 01:27:58,440 So, I hear you saying, you don't want to amend your motion? 1018 01:27:58,920 --> 01:28:00,060 I guess I'm just confused. 1019 01:28:01,740 --> 01:28:04,480 If we, sorry, you saying, we should do it even though 1020 01:28:04,480 --> 01:28:07,920 the KBC would set, are you saying pass it as it is 1021 01:28:07,920 --> 01:28:10,640 and you talk to legal and bring it up? 1022 01:28:10,640 --> 01:28:12,720 I think she's, because they don't really, 1023 01:28:13,020 --> 01:28:14,880 they don't tell us what to motion, I guess. 1024 01:28:14,880 --> 01:28:22,340 But she says, if we want to, we can, but if the legal opinion is that that doesn't really 1025 01:28:22,340 --> 01:28:26,340 fly or counsel the sides, they can always change it whenever they... 1026 01:28:26,340 --> 01:28:32,500 Okay, I just withdraw my amendment because it's getting too confusing, and I don't have an issue. 1027 01:28:32,700 --> 01:28:39,960 I was only trying to address the neighbors' concerns about it, and that was my attempt at 1028 01:28:39,960 --> 01:28:44,420 kind of addressing that, and I don't have an issue with the use of they want to do that. 1029 01:28:44,420 --> 01:28:50,380 It's after hours. There's a plenty of parking. That's not a big issue, but so I'm just going to withdraw. 1030 01:28:54,350 --> 01:28:57,930 So we have a motion from Cheryl a second from Mike. 1031 01:28:59,790 --> 01:29:03,770 I was as enthusiastic as about the second. So now I'm asking questions. So now I need a discussion. 1032 01:29:05,250 --> 01:29:07,210 All right, thank you. 1033 01:29:07,650 --> 01:29:12,190 First of all, I'm just saying this because I've been trying to process this whole thing. 1034 01:29:12,590 --> 01:29:15,110 Okay, what the metering is not. 1035 01:29:15,930 --> 01:29:18,590 It is not a tap room, it is not a wine bar. 1036 01:29:19,070 --> 01:29:20,670 It's not a place where people are going to be going 1037 01:29:20,670 --> 01:29:22,650 and having a party, okay? 1038 01:29:23,130 --> 01:29:24,730 It's going to be a place where this gentleman, 1039 01:29:24,990 --> 01:29:28,150 who lives in our community wants to manufacture some 1040 01:29:28,150 --> 01:29:30,170 meat, meaty wine made with honey, 1041 01:29:31,410 --> 01:29:36,350 using local people in our community to buy his herbs 1042 01:29:36,350 --> 01:29:37,130 in his honey. 1043 01:29:37,490 --> 01:29:39,770 I mean, what a great culture that promotes. 1044 01:29:40,950 --> 01:29:42,410 Holy cow, I love it. 1045 01:29:42,410 --> 01:29:50,010 It is not, we have to understand the difference between a limbar and a tasting, a tasting less than a half an ounce. 1046 01:29:50,350 --> 01:29:54,350 It's to see if you like it and want to buy it by the bottle. 1047 01:29:54,410 --> 01:29:56,450 He's not selling by the glass. 1048 01:29:57,070 --> 01:29:59,970 I think that's the hang up here, okay? That's my opinion. 1049 01:30:00,270 --> 01:30:30,250 I like the idea that it is local using local. It does bring a sense of culture that, you know, yes, it's not walkability as far as a TOD, but man, this is a start. This is a huge start. It's a small place. 1200 square feet with 600 square feet. We have to think realistically what this looks like. It's not, it's at the end of the building. It's, it's not going to be a place that hundreds of people are going to 1050 01:30:30,250 --> 01:30:35,670 coming to on a daily basis. That's not his intent. He explained his intent. What he wants to do, 1051 01:30:35,870 --> 01:30:42,890 he wants to make some need and give it to some people. Not a lot of people, some people. 1052 01:30:44,030 --> 01:30:51,030 So I think we need to really, really stick and thinking about that. And then if he was wanting to have 1053 01:30:51,030 --> 01:30:56,930 some kind of big retail, he would have chosen a different location. He wants to manufacture it there. 1054 01:30:56,930 --> 01:31:00,350 So, I think it's wonderful, thank you. 1055 01:31:05,160 --> 01:31:10,780 We might have some people watching for the next vote, but my only problem I know we talked 1056 01:31:10,780 --> 01:31:16,560 about restriction is I was off the table, my only problem with restrictions is it could 1057 01:31:16,560 --> 01:31:21,160 handicap you in a way that if somebody comes in and says, hey, I'm about to go to a wedding. 1058 01:31:23,000 --> 01:31:25,820 I want to buy four bottles of this, but I want to taste it first. 1059 01:31:26,400 --> 01:31:29,360 Those are the unintended consequences we don't want to put anybody in. 1060 01:31:29,360 --> 01:31:32,020 So I thought the presentation was great. 1061 01:31:32,400 --> 01:31:40,300 I think the business plan is great, so that was my only concern with adding some restrictions 1062 01:31:40,300 --> 01:31:41,240 on there. 1063 01:31:41,480 --> 01:31:44,780 I just don't want to put you in a position where it might cause some problems. 1064 01:31:52,380 --> 01:31:53,820 Yeah, I mean, 1065 01:31:56,030 --> 01:32:02,550 similar as far as on the motion that I get where you're coming from, 1066 01:32:02,750 --> 01:32:07,950 and I think it was worth looking at, but also do you think there's going to be some 1067 01:32:08,470 --> 01:32:14,550 difficulty with enforceability and then also, I think any time we do things we always want 1068 01:32:14,550 --> 01:32:16,290 to make sure of the unintended consequences. 1069 01:32:18,330 --> 01:32:23,170 When we got the packet last week, I mean, I had a lot of similar concerns to what was 1070 01:32:23,170 --> 01:32:28,870 expressed in those emails as far as kind of not knowing exactly what was involved with the 1071 01:32:28,870 --> 01:32:35,970 whole plan here, the distance from the school, I didn't even think about the convenience 1072 01:32:35,970 --> 01:32:43,630 stores actually being, you know, half as close, and then kind of hearing the nature of it 1073 01:32:43,630 --> 01:32:52,750 in terms of that this is not necessarily a retail establishment, does it seem to change it. 1074 01:32:53,150 --> 01:33:01,130 You seem like a guy that just really likes me, and like, as this is developing, you're almost 1075 01:33:01,130 --> 01:33:06,150 for saying it's not as much of a financial ambition even as just you're going to kind of see 1076 01:33:06,150 --> 01:33:14,010 this thing, you know, see what you can do with it and so I think as far as this user there's 1077 01:33:14,010 --> 01:33:17,530 that and I think the way this is structured from what we were talking about in the work session 1078 01:33:17,530 --> 01:33:25,030 as far as it's not something where somebody else could come in under this development plan 1079 01:33:25,030 --> 01:33:31,810 and then change it into a wine bar or something that's more like what would be detrimental 1080 01:33:31,810 --> 01:33:36,850 that neighborhood, but I do feel a lot better about it now, 1081 01:33:39,170 --> 01:33:40,570 but I don't see any other 1082 01:33:40,570 --> 01:33:45,770 lights, but we'll do one more ask if there's any comments or discussion. 1083 01:33:47,950 --> 01:33:49,910 All right, so I will call for the vote, 1084 01:34:07,190 --> 01:34:09,450 all right, and the recommendation for approval with 1085 01:34:09,450 --> 01:34:15,950 conditions regarding the the square footage passes and that will go to Council on September 1086 01:34:15,950 --> 01:34:16,430 14. 1087 01:34:19,030 --> 01:34:23,290 With that this concludes tonight's agenda and there being no other business we are adjourned.