[2:15] we're going to. Good evening.
[2:17] It is 6:32 P.M. And I'm going
[2:20] to call the thursday SEPTEMBER
[2:21] 3rd 2026 planning and zoning
[2:24] work session to order a quorum
[2:25] of the planning and zoning
[2:26] commission is present and the
[2:27] meeting has been posted in
[2:29] accordance with the texas open
[2:30] meetings act to the texas
[2:32] government code. So at this
[2:33] time we'll have staff come
[2:34] forward and discuss the items
[2:35] on tonight's work session
[2:42] agenda. So before we get into
[2:43] the items for this evening, um,
[2:45] I have a couple of just
[2:46] community announcements here.
[2:47] Just a reminder labor day um,
[2:49] the city hall is closed on
[2:51] monday. There are a couple of
[2:52] adjustments for trash and
[2:54] recycling days um other
[2:55] facilities so listed on the
[2:57] screen there uh and our h2o and
[2:58] outreach center and the iron
[2:59] horse golf course will be open.
[3:01] Um of course look at the
[3:04] website for holiday hours also
[3:07] uh coming up we have uh next
[3:10] week the SEPTEMBER 11th um
[3:11] ceremony that we have here
[3:13] every year at city hall we saw
[3:14] driving in probably the flags
[3:15] that were placed out on the
[3:18] lawn um that is scheduled to
[3:20] begin at 9:11 A.M.. I would
[3:21] arrive earlier than that to get
[3:23] a seat if you would like to
[3:25] attend. Uh, it's just a really
[3:26] nice service that our, uh, fire
[3:27] department and police
[3:31] department put on here. The
[3:33] following week on monday we
[3:34] have this clayton tells me it's
[3:37] pronounced goi soggy. Uh, on,
[3:38] uh, some sort of ensemble I
[3:39] don't know, it could be it
[3:41] could be correct. Sorry if it's
[3:43] not um celebrating culture
[3:44] series probably should attend
[3:45] and maybe learn a bit more
[3:46] about it. I might be able to
[3:47] learn how how it is actually
[3:49] pronounced, but that's kind of
[3:50] the the cool thing that we do
[3:51] with these different um,
[3:52] celebrating culture series. We
[3:53] get exposed to things that
[3:55] we're not used to seeing every
[3:56] day. Um, that's also a free
[3:58] event that monday at 6 P.M. At
[4:02] the library. Uh, the heart of
[4:03] community awards is a new
[4:05] program, uh, that was announced
[4:07] as part of kind of part of the
[4:08] budget presentation this year
[4:09] and it was also discussed um,
[4:10] with the city council in the
[4:12] last meeting. Um, this is kind
[4:14] of taking the place of what was
[4:17] the typical um, business
[4:18] appreciation lunch. We're still
[4:19] going to have that luncheon to
[4:20] give some recognition to the
[4:22] businesses, uh, but also kind
[4:24] of expanded this year out into
[4:26] a more community wide uh,
[4:29] awards uh recognition luncheon.
[4:30] And so there are different
[4:32] categories where nominations
[4:33] will be accepted uh, for the
[4:34] rest of about almost the rest
[4:36] of this month through the 25th
[4:37] for those categories that you
[4:39] see on the screen there. Um,
[4:41] citizen of the year, volunteer
[4:42] of the year, uh, board of
[4:43] commission, member of the year
[4:44] and a business of the year. And
[4:47] so um those nominations will
[4:48] come in there's a there will be
[4:50] if it hasn't been already
[4:51] formed um, a selection
[4:52] committee that will kind of
[4:53] look through those um and those
[4:55] awards will be given out at
[4:57] that event. And so um, we had
[4:58] some requests from council to
[4:59] find different ways to
[5:00] recognize people and this is
[5:01] one of the things that was uh,
[5:04] proposed and they accepted and
[5:05] discussed at the the last city
[5:07] council meeting. So that'll be
[5:09] a fun change, uh, this year to
[5:10] kind of expand it out beyond
[5:13] the traditional businesses and
[5:15] just a couple other things um,
[5:17] been kind of hit or MISS On
[5:18] whether I give you an update at
[5:20] the meeting on previous action
[5:22] taken by the city council on
[5:23] items that came before you. So
[5:25] just to kind of, um, keep you
[5:26] on the loop for those of you
[5:27] that haven't followed or watch
[5:28] those city council meetings.
[5:28] Um.
[5:30] >> the smithville terrace plan
[5:32] development which was the
[5:33] residential housing project
[5:34] proposed by sandlin between
[5:37] smith, smithfield and hewitt um
[5:38] was approved that planned
[5:39] development district was
[5:40] approved by the city council.
[5:43] Um the small sliders sup that
[5:44] came before you also was
[5:46] approved by the city council
[5:47] and um at that same meeting the
[5:48] accessory structure on shady
[5:49] grove that you had seen kind of
[5:51] all all together in that packet
[5:52] of items was also approved by
[5:54] the city council. Uh, and then
[5:55] just for reference at the last
[5:56] meeting here in the work
[5:57] session I talked about a
[5:58] texture vision that we were
[5:59] working on to bring back to
[6:00] you. Obviously that's not on
[6:01] your agenda this evening. Um,
[6:03] it is slated for uh, SEPTEMBER
[6:04] the 17th though. And that was
[6:06] just just for those I think you
[6:07] all maybe all were here but
[6:08] just as a text revision to try
[6:09] to do a little bit of cleanup
[6:11] to bring the city's code in
[6:12] line with uh, state law so
[6:14] building materials references
[6:15] um home occupations rules that
[6:16] have shifted over the last
[6:19] couple of sessions. So um it's
[6:20] really just a post legislative
[6:22] session cleanup and then going
[6:23] forward we'll have one of those
[6:24] each year after the legislative
[6:26] session to do any cleanup kind
[6:27] of more more timely than than
[6:28] letting it lag out a little
[6:32] bit. So that is all I have um,
[6:33] this evening unless you have
[6:35] any questions on any of those.
[6:37] Okay they. Change that
[6:39] application the sandlin. I
[6:39] mean.
[6:41] >> the springfield. There
[6:43] weren't any changes in the
[6:44] approved packet that was
[6:45] approved by council from what
[6:50] was proposed here. I'll turn it
[6:55] over to clayton. Kawasaki.
[6:57] >> kawasaki.
[7:00] >> uh. I read.
[7:01] >> a lot. Of. Samurai novels. I
[7:03] never seen that word. So, um.
[7:05] All right, so, uh, tonight
[7:06] there's, uh, two zoning cases
[7:08] on the on the agenda. I'm sorry
[7:11] I have allergies, so bear with
[7:13] me on that one. Um, first
[7:15] zoning application is for, uh,
[7:16] agricultural r-1 single family.
[7:19] This is on bercy road 7412. Uh,
[7:20] this is almost two acres of
[7:21] property, so it's on the south
[7:23] side of the road between uh,
[7:24] essentially between douglas
[7:27] lane and um hunter lane in that
[7:29] area there I just uh south just
[7:31] west of uh east of valley
[7:32] drive. Uh, so this is a
[7:33] property uh there was a house
[7:34] on there. The house has been
[7:35] removed from the site. All
[7:38] that's been demolished um, is
[7:39] currently zoned agricultural
[7:41] and in order for them to be
[7:43] able to plat the property, uh,
[7:44] to, uh, construct a new house,
[7:46] uh, the zoning changes required
[7:48] for that, uh, because the ag
[7:49] district is primarily just a
[7:50] holding pattern holding zone.
[7:52] Um, until the time comes that
[7:53] the more appropriate
[7:54] development might show up. Uh,
[7:55] we see this from time to time
[7:57] with some of the older ag
[7:59] properties uh, being rezone to
[8:00] uh a lot of them to residential
[8:02] uh some to others but that's
[8:03] there just to to hold it in
[8:04] place until something more
[8:06] solid comes along. Uh, so
[8:08] what's proposed here is just to
[8:10] rezone this from ag to r1 uh,
[8:11] which is of what the lots
[8:12] mostly on the south side of
[8:14] bercy road or zoned all of
[8:15] londonderry is zoned r1 as
[8:16] well. Uh so this would allow
[8:18] them to plat the property uh
[8:19] and be able to construct a
[8:21] house on the site. Uh, so.
[8:23] >> it's currently vacant uh,
[8:24] but they did have demolish the
[8:25] house on the pool. Um, so
[8:27] they're planning for a new
[8:27] construction here sometime.
[8:31] Later this year. And this will
[8:32] be on SEPTEMBER 14th city
[8:34] council meeting. Uh, any
[8:37] questions on that zoning case?
[8:41] All right. Um, second one uh,
[8:42] this is, uh, special
[8:43] development plan. This is
[8:44] related to property on
[8:47] northeast parkway. So this is a
[8:49] 8.3 acre lot. Uh, but the the
[8:51] the site itself is just a 1000
[8:52] square foot lease area within
[8:53] one of the buildings. Uh, and
[8:55] this is for a proposed winery.
[8:57] Uh, technically it's a tree,
[8:57] but.
[8:58] >> under. State alcoholic
[9:00] beverage code red meat and wine
[9:01] are basically considered the
[9:02] same thing the same fermented
[9:05] type of uh of uh, alcohol, uh,
[9:06] so that they fall into the
[9:07] winery permit which is what
[9:08] they've requested from the
[9:09] alcoholic beverage commission.
[9:11] Uh, and so this use is not
[9:13] technically listed in the uh in
[9:14] the in the zoning ordinance
[9:15] there uh, the special
[9:16] development plans vehicle that
[9:18] we've used in the past for uh,
[9:19] consideration of those things
[9:21] on a on a case by case basis.
[9:22] So that's what's being proposed
[9:23] here for for this zoning
[9:25] application. Um, so the whole
[9:27] property is this uh, older
[9:28] industrial portion on the south
[9:30] side of uh northeast parkway
[9:31] just there east of davis
[9:34] boulevard. Uh, this was
[9:35] developed back in the 1980s um
[9:38] uh long before the tod existed.
[9:39] It was owned industrial for
[9:41] quite some time. Uh, when the
[9:42] tod district was all created
[9:44] this property was rezone to
[9:45] that. Um, so a lot of these
[9:47] buildings uh a lot of those
[9:48] uses were just continuations of
[9:50] um uh some conforming some non
[9:52] conforming over time. Uh but
[9:53] the property itself has not
[9:54] changed much. It's still the
[9:56] the for the for buildings
[9:57] there's actually one little
[9:58] building site left over and
[10:00] then a larger uh building that
[10:02] houses an irrigation company
[10:03] there on the far east side of
[10:06] that. So the building that
[10:07] where the proposed user is
[10:09] located is uh 8204 so that's
[10:11] this building here uh each
[10:12] building has its own address.
[10:14] Uh, but this is 82 or 4 and the
[10:15] locating uh, wishing to locate
[10:16] in a sweet down the southern
[10:17] end of that building uh,
[10:22] adjacent to this property here.
[10:22] Um.
[10:23] >> if you've driven.
[10:24] >> down northeast parkway, this
[10:26] is looking back. Um, what?
[10:28] Actually, I think that is
[10:31] actually east. So as you're
[10:32] pulling off of davis boulevard
[10:33] looking back that direction,
[10:34] uh, village of smithfield on
[10:36] the left, all this industrial
[10:37] park on the right that's
[10:37] actually east, not west. My
[10:42] apologies. Uh, this is looking
[10:43] as you turn into the property
[10:45] to the to where this 8204
[10:47] building is now on the south
[10:48] end of that is the lease space
[10:51] for this site. Uh, in suite 124
[10:52] it's about 1000ft a little bit
[10:56] less than that. And then if you
[10:57] turn around, look back up
[10:58] towards northeast parkway.
[10:59] That's what the the area looks
[11:00] like. This is very indicative
[11:01] of that whole development and
[11:05] that's that area there. And
[11:07] that south property. Uh so this
[11:08] is uh in the urban.
[11:09] >> village. Area uh this is
[11:11] also in the tod uh those two
[11:13] areas pretty much aligned uh
[11:14] together. Uh this is again the
[11:16] very northern portion of that
[11:18] area. Um, this is in the
[11:21] general. Go for a little bit
[11:22] general mixed use character
[11:24] zone. So if you look at the
[11:25] entire 200 plus acre uh,
[11:27] smithfield tod area, that's
[11:28] what this regulating plan
[11:29] generally shows. Uh.
[11:31] >> most of the area on the east
[11:32] side of davis is in this
[11:34] general mixed use character
[11:36] zone. Um, so this is a lot of
[11:37] older industrial, a lot of
[11:39] office, uh, residential in this
[11:40] area that's uh been developed
[11:42] in the past uh some currently
[11:43] under develop here on the
[11:44] southern portion of that uh,
[11:46] this is intended really for a
[11:47] very wide range of uses uh
[11:48] retail, office, residential and
[11:50] even in some industrial uses
[11:52] there too. A lot of those are
[11:54] existing uses in the area. Um,
[11:56] the smurfit kappa facility uh,
[11:57] this area here on northeast
[12:00] parkway uh a lot of the area
[12:01] right here around the railroad
[12:02] track is a lot of older
[12:04] industrial sites as well. Uh,
[12:05] and there's some newer
[12:06] development um, the here south
[12:08] of the tracks you've seen
[12:09] keyworth brewing. Um, you've
[12:11] seen a new parking lot under
[12:11] construction and there'll be
[12:12] some new development there on
[12:14] that property. Um, so it's a
[12:16] very wide mix of uses on that
[12:18] side of uh of davis boulevard
[12:21] uh, within this 2d area. Uh and
[12:23] it does extend all the way down
[12:24] amid city's boulevard to
[12:25] holiday lane. Uh, so it's
[12:27] there's quite a quite a bit of
[12:28] mix in that area. It's a very
[12:29] large district and this is all
[12:31] one consolidated uh zoning
[12:33] category now uh, when that was
[12:36] rezone in 2013 there was a
[12:37] backing up just to here uh for
[12:39] this to add this bit of use. Um
[12:41] this is uh the building itself
[12:43] is 24,000ft. This is about
[12:44] 1000 square foot area tucked
[12:46] away in that back corner of the
[12:47] building. Uh, they do have a
[12:49] small they do have a
[12:49] presentation to give tonight to
[12:51] kind of explain the scope and
[12:52] the operation of this, uh, this
[12:54] small I'm going to call it a
[12:56] small batch meadery for lack of
[12:57] a better description. Uh,
[12:59] they'll they'll go through what
[13:00] their process is and, uh, and
[13:01] talk about what they're trying
[13:02] to do with this particular
[13:04] site. Uh, but this is the the
[13:05] classification that it would
[13:08] fall under. Um, and I think
[13:10] there might might be some
[13:11] misunderstanding as to the
[13:12] scope of the project. Uh, we've
[13:14] we've received a bunch of
[13:15] letters in regards to this. We
[13:16] provided that by email today
[13:17] and and gave you a handout
[13:18] there just you can kind of see
[13:20] what those comments are uh, in
[13:21] opposition to this mostly in
[13:24] opposition to it. Um uh I think
[13:25] there might have been some
[13:26] misunderstanding what the scale
[13:27] is because when we send out
[13:28] notifications for zoning cases
[13:30] like this where we're obligated
[13:31] to use the property boundaries
[13:33] for that, uh, and so that's
[13:34] what we use for this case. So
[13:35] we use an entire eight acre
[13:38] tract to notify everyone within
[13:39] 200ft. So this blue blue line
[13:41] is the buffer area. Everybody
[13:43] within that touches that we
[13:45] send out a notice to uh even
[13:46] though the only affected areas
[13:48] this small green box right
[13:49] there um, so that it makes it
[13:51] look bigger on the map than it
[13:52] actually is. So I think there
[13:53] might be some misunderstanding
[13:54] about what the scope of that
[13:55] is. But if there's questions
[13:56] that come up tonight we can
[13:57] tackle those as well. But we
[13:58] wanted to include this just to
[14:00] be able to explain that ahead
[14:00] of time in case.
[14:05] >> those questions came up. Uh,
[14:06] also some questions about
[14:08] census alcohol uh related uh
[14:09] there are some other standards
[14:11] in not in the zoning code but
[14:12] in the other parts of the city
[14:13] code uh, related to alcoholic
[14:14] beverage sales and
[14:16] relationships to. Schools.
[14:17] >> um churches and public
[14:20] hospitals. Um, so if you're
[14:22] looking at um the distances
[14:24] between uh properties that
[14:25] might sell alcohol and
[14:27] properties that are used for
[14:30] public schools, uh there's a
[14:31] minimum requirement that those
[14:33] be set apart by at least 300ft
[14:34] and that's a property line to
[14:35] property line measurement from
[14:37] the closest two points. Um.
[14:38] >> so the lot where this
[14:40] property is located here uh,
[14:41] the property where smithfield
[14:42] elementary school is over on
[14:43] the other side of northeast
[14:46] parkway that's a little over
[14:47] 560ft. Um, just as the crow
[14:49] flies between those two points.
[14:51] Uh, so it it well exceeds that
[14:53] 300 foot requirement. Um, if
[14:57] there were churches or. Um
[14:59] churches. Public hospitals,
[15:01] daycare centers, uh, there'd be
[15:02] a uh different measurement for
[15:04] that 300ft is a door to door
[15:05] measurement not a property line
[15:06] a property line measurement.
[15:07] Um, so for instance, if that
[15:09] were a church property not a
[15:10] school property we would
[15:11] measure from door to door and
[15:12] that would be well over 1500
[15:13] feet between those two
[15:13] properties.
[15:14] >> just. From walking distance
[15:16] standpoint. Um so I just wanted
[15:18] to make have that available
[15:19] when when those questions come
[15:21] up uh that does uh this this
[15:22] site does satisfy that
[15:23] requirement for being 300ft
[15:25] away. Uh, that's a city
[15:26] requirement and also a state
[15:29] requirement. And then just for
[15:30] reference purposes, um, these
[15:31] are the other existing alcohol
[15:33] permits that are located in
[15:35] this area. Um these are mostly
[15:36] three convenience stores, you
[15:37] know the two gas stations there
[15:39] at the. Corner of northeast
[15:41] parkway, davis boulevard. Uh,
[15:42] there is the uh the breaktime
[15:45] center there at uh main street
[15:46] smithfield road and then back
[15:48] for the barbecue has a mixed
[15:49] beverage permit for their beer.
[15:54] Wine operations. Uh, so that's
[15:54] summary of. That one.
[15:55] >> if there's questions we'll
[15:58] be happy to answer those two.
[15:58] Uh.
[16:00] >> well I was to ask because
[16:03] it's been um, rezone for retail
[16:05] and restaurants. What about the
[16:07] parking because each of those
[16:09] buildings doesn't look like
[16:10] that. It has very much parking
[16:11] .For this.
[16:12] >> for this, uh, eight acre
[16:15] site. Um, yeah. I mean most of
[16:15] this.
[16:17] >> is a uh, industrial type of
[16:19] operation. Um, the parking for
[16:20] these uh, types of uses that
[16:22] are there uh the parking
[16:24] requirements are not very high,
[16:26] um, and are anticipated
[16:27] probably the number of trips
[16:28] that might be generated for
[16:31] these types of uses um,
[16:32] industrial type of uses or
[16:33] industrial park type of
[16:35] businesses properties um
[16:37] generally generally run in the
[16:39] range of 3 to 6 trips per day
[16:43] per 1000ft. Um so if this were
[16:44] just a typical uh industrial
[16:46] manufacturing type of operation
[16:47] which it kind of is a little
[16:49] bit um at the most you'd
[16:51] probably see between 3 and 6
[16:53] trips per day to this one
[16:54] particular business. Um.
[16:56] >> that's pretty common uh, for
[17:01] for this style of development
[17:01] and tenant mix that you'd.
[17:08] >> see in this area. All right.
[17:09] So even though they're going to
[17:11] have a tasting room and it's
[17:13] more sort of like that craft
[17:15] brewery that's down the road a
[17:18] little bit. Yeah I would.
[17:19] >> it's not going to change the
[17:21] parking. No I. Would yeah I I
[17:23] would not compare from our
[17:24] understanding of what this
[17:26] operation is is not the same as
[17:27] what you might see for keyworth
[17:30] brewing or uh false idle uh
[17:32] there on maplewood and in 26.
[17:33] Um this.
[17:34] >> is primarily a manufacturing
[17:37] operation for them to uh.
[17:38] Ferment the mead, bottle it,
[17:40] package it, sell it, uh,
[17:42] distribute it. Um, the.
[17:43] >> permit that they're getting
[17:45] for a winery does allow for.
[17:47] Tasting um, but uh, generally
[17:49] they've not indicated any uh,
[17:52] desire for. Uh actually
[17:53] creating a open to the public
[17:55] tasting room like you would for
[17:57] a taproom or wine bar or
[17:59] anything like that. Um, the
[18:00] permit allows them to do that.
[18:02] The state permit allows them to
[18:03] have people come in and if they
[18:04] want to taste that, they can
[18:05] offer that to them. Uh, but
[18:07] it's not a place that you could
[18:10] go sit sit down by a drink and
[18:11] then hang out for a while and
[18:13] then leave is not that kind of
[18:14] operation and the permit would
[18:15] not allow for that. And that's
[18:17] a good question to ask the
[18:18] applicant tonight to kind of
[18:19] explain that. But that's the
[18:20] that's the uh the basic permit
[18:21] they're getting from the
[18:22] alcoholic beverage commission
[18:23] has those restrictions. On it.
[18:27] >> just so if they're not doing
[18:29] that now but they're tbhq
[18:32] permit allows it, can they come
[18:34] back later and decide to do
[18:36] that without coming back? Their
[18:38] permit would allow for that.
[18:40] Yes. Um this is only just a
[18:42] 1000 square foot space um 600
[18:44] plus so that will probably be
[18:46] taken up by equipment for um
[18:47] actually doing the the
[18:49] fermentation in the in the
[18:50] packaging so there's not a lot
[18:51] of room left really for any
[18:53] sort of um social gathering
[18:55] area or drinking establishment
[18:57] type operation because that's
[18:58] really not what the focus of
[18:59] the uses. Yeah.
[19:00] >> if it turned into something
[19:02] else we'd have to look at it
[19:03] differently and uh that could
[19:04] require some additional zoning
[19:06] approvals. Yeah it would of
[19:07] essentially turn it into.
[19:08] >> a. Wine bar at that point.
[19:08] Yeah.
[19:10] >> which is not what the not
[19:10] what the scope of the
[19:12] operation. Is and that and that
[19:14] use requires an sup so it
[19:15] couldn't just come in for a
[19:16] permit to become a wine bar
[19:18] without some sort of specific
[19:19] approval for that it would go
[19:20] through that kind of the same
[19:22] exact process again. Yeah,
[19:23] they.
[19:23] >> changed their scope. That
[19:28] could be very possible. But um
[19:30] can I talk about the for just a
[19:31] minute. The the. Parking
[19:32] because you know sure. After
[19:33] reading all these things I just
[19:36] want to. So each one of the
[19:37] businesses there have uh
[19:39] probably what about three spots
[19:42] in front of their place? More
[19:43] more or less. Yeah. So so and
[19:45] then and there's and so there's
[19:47] not going to be a lot of cars
[19:50] and we're not creating more
[19:52] space. The space is already
[19:54] there as it is and it's not
[19:57] changing the number of of um
[19:58] parking spaces that are needed.
[20:00] There's no place to go to
[20:02] create more parking spaces. Yes
[20:03] .No.
[20:05] >> I understand that. Yeah. I
[20:06] mean it's an existing property
[20:08] that uh let me back up to a
[20:09] little bit larger area map.
[20:09] Here in.
[20:11] >> the intent is not to have a
[20:12] whole lot of people there
[20:13] because it's there's not the
[20:15] space for it. Right.
[20:16] >> there's not the. Space and
[20:17] the the operation that's being
[20:19] done is not a retail type
[20:21] operation or a destination
[20:23] operation. Um many of the.
[20:24] Businesses that are in here I
[20:25] think that you would ask what
[20:27] you know, what businesses are
[20:28] in this kind of uh. In this
[20:30] property. Um, a lot of them are
[20:31] mostly industrial commercial
[20:35] type businesses. Um. There's a
[20:37] roofing play. Smurfit kappa has
[20:39] an operation there for some of
[20:40] their overflow stuff. Um.
[20:42] >> there's uh places that do
[20:44] uh, window tinting. Uh, there's
[20:46] a commercial driver's license
[20:48] school uh, and one of the
[20:49] operate one of the places is a
[20:50] hot tub uh, sales and service
[20:52] place, a swimming pool service
[20:53] store, uh, or service
[20:55] operation. Um.
[20:56] >> a lot of these are more
[20:57] contractor type things that are
[20:58] located in this facility
[21:00] because it's more geared
[21:01] towards that type of business
[21:02] and not really geared towards
[21:04] more of a retail type operation
[21:06] .Um, so but if this property
[21:07] were to completely redevelop at
[21:08] some point in the future and do
[21:10] something else then uh there's
[21:11] certainly be a good this time
[21:13] to discuss you know exactly how
[21:14] that would look. Uh, but
[21:15] there's not been any indication
[21:17] by the property owner to pursue
[21:19] that anytime in the near
[21:21] future. So what's here now is
[21:22] probably going to be here for
[21:22] for a.
[21:24] >> little. Bit longer for sure.
[21:26] And what we're looking at is a
[21:29] special development plan not an
[21:31] sup. Can you tell.
[21:32] >> us technically yes. Yeah
[21:33] but. Tell me the difference in
[21:36] those I guess. We've had jump
[21:36] in. I was.
[21:38] >> just I was just going to
[21:39] share my conversation. Yeah go
[21:39] ahead. Yes.
[21:40] >> so I was talking to the city
[21:42] attorney about this uh this
[21:42] project um like clayton
[21:43] mentioned, this is kind of a
[21:45] tool that we've used on similar
[21:46] case um, in the past one of the
[21:48] more recent examples was the um
[21:50] it was a motorcycle sales
[21:52] application use uh in the T.O.T
[21:55] that um it was withdrawn so you
[21:56] actually didn't consider that
[21:57] case but it was one that we
[21:58] kind of process through in the
[21:59] same manner we as a special
[22:00] development plan uh, a little
[22:02] bit different in that that we
[22:03] use was actually listed as not
[22:04] permitted this use is just not
[22:07] listed at all. Um so we had a
[22:08] question come up today about an
[22:10] sup versus an sdp and so in
[22:11] talking with the city attorney
[22:13] about um kind of the decision
[22:15] to go this route or if he had
[22:16] any concerns with this route
[22:18] versus an sup um, he indicated
[22:21] kind of that in order to move
[22:22] forward with an sup just like
[22:24] in a normal traditional zoning
[22:24] it has to be listed in the
[22:26] table of uses and it has to be
[22:28] listed um as permitted by a
[22:29] sup. So we have you know, in
[22:30] our normal table of uses we
[22:32] have permitted or we have
[22:33] permitted by sup um or the
[22:36] blanks are not permitted and so
[22:37] similarly here we have uses in
[22:38] the table that are listed as
[22:40] approved only by or allowed
[22:42] only by sup. We have a lot of
[22:43] other categories in T.O.T it's
[22:44] a little bit different than the
[22:46] normal one um road conditions
[22:49] and um various uh various
[22:50] categories but but some of them
[22:52] are permitted by sup only um
[22:54] this use I think there are a
[22:55] couple of routes that we could
[22:56] go. One would be that we could
[22:58] consider a tax revision to add
[23:00] that use into the table. Um and
[23:02] then at that time determine
[23:03] which zoning districts this
[23:05] type of use might be permitted
[23:07] either not permitted or
[23:08] permitted or permitted with
[23:10] conditions or permitted by as
[23:12] uap or sdp or or whatever kind
[23:14] of categorization we want to
[23:15] give to each district or each
[23:16] one of the character zones
[23:19] rather um and then the next
[23:20] step would be the applicant
[23:21] could then if it were
[23:22] determined that was something
[23:23] that was allowed by sup in that
[23:24] zone they could apply for the
[23:27] sup. This kind of combines us
[23:28] into one step. Um our
[23:29] conversation was kind of a this
[23:32] is really aligns almost with a
[23:35] pd uh in that it's kind of a uh
[23:37] creative tool in the in the
[23:38] text I don't have it in front
[23:40] of me but it kind of talks
[23:41] about in the the text related
[23:42] to special development plans in
[23:45] the tod uh zoning section about
[23:46] how this is allowed. This is
[23:48] kind of the the goal of this is
[23:49] to give some flexibility. Uh,
[23:50] there are some things to
[23:51] consider what you clayton
[23:53] outlined in the memo um, to
[23:55] kind of consider um, when the
[23:56] council's making that decision
[23:57] on whether they want to approve
[23:59] it as an sdp or not. But I
[24:01] think the the goal is really
[24:02] just to make sure it's kind of
[24:04] within the spirit of the tod in
[24:05] general as meeting the goals of
[24:09] the the zone. And um. I really
[24:10] wanted to read that to you.
[24:11] Hang on here. Um.
[24:14] >> so it says that they are uh,
[24:16] special development plans are
[24:18] intended to allow applicants
[24:19] development flexibility to
[24:20] address specific market
[24:21] opportunities and or contexts.
[24:24] And so we think about this this
[24:26] location uh, the specific
[24:28] building, the specific use um I
[24:30] think it fits in pretty well
[24:32] within that um surrounding
[24:34] properties. Um, and we felt
[24:36] like it was an appropriate
[24:37] avenue to let them move forward
[24:38] with the special development
[24:40] plan, which is really a one
[24:41] step process to come through
[24:42] pnc and city council rather
[24:44] than two different steps. I
[24:45] would say ultimately though,
[24:47] it's the same process in terms
[24:50] of notice hearings uh and
[24:51] consideration and action. So go
[24:52] through pnc and city council
[24:54] the same way a zoning change or
[24:57] an sup or any other kind of
[24:59] similar process. So it's really
[25:02] just a. Um kind of a little bit
[25:03] simpler stuff that we wrapped
[25:05] up into this one one step
[25:07] process. So know and I know one
[25:09] of the things you hear a lot on
[25:11] pnc training types right is
[25:14] like you said is not users. You
[25:17] know um and especially comes in
[25:19] I know in this up where once
[25:21] you've approved it you know the
[25:23] next the next person can have
[25:25] that the next user can have the
[25:27] same permit. Is that a similar
[25:32] kind of effect with the sdp? I
[25:34] would say. Yes it is um the way
[25:35] we've. Typically done that in
[25:37] the. Past though was not
[25:40] required. Um is we've put a um.
[25:42] Expiration clause in the in the
[25:43] standards um that says pretty
[25:45] much after three years um the.
[25:48] Approval expires. Um but the
[25:49] use can't continue if it lasts
[25:51] longer than three years but
[25:52] after the three year period it
[25:53] just becomes a non-conforming
[25:55] use just like any other use
[25:58] might. Um and so if they were
[26:00] to um after five years say they
[26:01] outgrew this space needed to
[26:03] move on somewhere else um. Or
[26:05] decided not to do it anymore
[26:06] um, there'd be like a six month
[26:07] window to where someone could
[26:09] come in and do the same thing.
[26:09] Um.
[26:11] >> to do the same thing here
[26:12] would mean doing.
[26:13] >> the same thing, you know,
[26:13] doing.
[26:15] >> you know, fermenting. Meat
[26:16] and bottling. And doing that in
[26:18] this new space. Uh, so it
[26:19] wouldn't that would not
[26:20] translate over into something
[26:22] outside of that scope, um, to
[26:24] where a taproom or wine bar or
[26:25] something else could catch on
[26:26] to that. And move.
[26:27] >> in in its place um, it would
[26:28] basically essentially be have
[26:30] to be the same type of use
[26:31] literally uh to to qualify for
[26:33] that. Um so and if that doesn't
[26:34] happen in six months then that
[26:35] approval just goes away and
[26:36] everything it expires and if
[26:37] someone wants to come do
[26:39] something similar or different
[26:40] they just go back through the.
[26:42] Process again. And so we do
[26:43] that with a lot of the special
[26:44] use permit and all the wing
[26:47] drone permits um a lot of the
[26:48] special uses for any kind of uh
[26:49] vape shops auto repair or
[26:50] anything like that all have
[26:51] that. Category that.
[26:52] >> all have that condition
[26:55] attached. To it, you know, um
[26:57] correct. Me if I'm if I'm wrong
[26:58] your. Uh.
[27:00] >> 400 square foot.
[27:03] >> of available space uh uh,
[27:05] outside of the equipment. The
[27:07] fire. Marshal is going to
[27:08] severely limit the number of
[27:09] people you can have in there
[27:11] anyway. Correct? Uh, I imagine
[27:12] that would be very much the
[27:14] case. Yes. Yeah. And in a place
[27:15] of the small that's primarily
[27:17] doing manufacturing, um, a
[27:18] little bit of office space is
[27:19] probably about all this left
[27:21] for that. Um and then if you
[27:23] know, if they were open and
[27:24] operating and you knew the
[27:26] owner and wanted to get a tour
[27:27] and have a look at what's going
[27:28] on and he offered you a free
[27:29] sample that's pretty much how
[27:31] the wine tasting kind of works.
[27:31] Um.
[27:33] >> the permit allows them to do
[27:35] that. Uh, the alcoholic
[27:36] beverage permit allows them to
[27:37] do that. So I was looking up a
[27:38] minute ago. Um.
[27:40] >> uh, does not require them to
[27:41] charge a fee for it. They can
[27:43] offer it for free. Um, but it
[27:45] doesn't have. A it's.
[27:46] >> not a place to where you
[27:47] could go and sit down, hang
[27:47] out. It's not.
[27:49] >> not the permit doesn't
[27:51] really address that. So it's
[27:53] different than what's on tap or
[27:56] different than. Foss island and
[27:58] .You might not know the
[27:59] answer.
[28:00] >> there's just a rough
[28:01] estimate the. Distance door to
[28:01] door from.
[28:03] >> that to the. First house up
[28:05] there. Um we.
[28:06] >> could probably figured that
[28:07] out and I don't. Want to.
[28:08] >> put a quick number on it. Do
[28:10] it. I run a quick number. On
[28:11] okay if you also to that.
[28:12] Convenience store up top if you
[28:15] can out this one right that one
[28:16] right there um door to door.
[28:17] >> to. That first house. Right
[28:21] there to sure. Um I can tell
[28:22] you from the school. Uh, that
[28:24] this uh this property here is a
[28:26] little bit over 300ft, uh,
[28:27] proper on the property line.
[28:29] This one is just slightly under
[28:30] 200ft from property line. A
[28:32] property line. But we'll we'll.
[28:33] >> check those door. Distances
[28:36] for you. Thank you. Uh. What's
[28:38] the city's process for
[28:39] unclassified uses? Um.
[28:41] >> in the rest of the zoning
[28:43] ordinance because it MAY make
[28:46] sense to kind of look at. Like
[28:48] making. Sure there's some. Way
[28:51] that the director can have some
[28:52] interpretation and then if
[28:54] there is a question that
[28:55] sometimes is brought to be in
[28:58] the council um, so that would
[29:01] be uh because not all uses will
[29:02] most probably be listed and as
[29:05] you kind of look at new uses
[29:06] that MAY be coming up, you want
[29:08] to have that. Um option so you
[29:11] don't want to be too tightly
[29:14] kind of controlled by. The code
[29:16] if. We do have that process
[29:17] built into the zoning
[29:19] ordinance. Um, the. Last one I
[29:21] can think of specifically um
[29:22] because I was thinking about it
[29:23] just the other day was the
[29:24] blood plasma centers. Um.
[29:26] >> so there was a plasma center
[29:27] on roofs? No that wanted to
[29:30] move in up next to the. Eco
[29:32] thrift right in that area right
[29:34] there and city boulevard um,
[29:36] that we the development
[29:37] committee talked about that
[29:39] quite a bit to see of what kind
[29:39] of category that might.
[29:41] >> fall under. Um.
[29:42] >> but we determined it was
[29:43] completely different type of
[29:44] use and then the other options
[29:46] that were available um, so they
[29:48] proposed uh, as part of an
[29:55] application uh, to add that use
[29:55] is a proposed use in the zoning
[29:55] ordinance, uh. With conditions
[29:56] attached to it and that process
[29:57] to amend the zoning ordinance
[29:59] before the city council um city
[30:01] council adopted that requires
[30:02] some. Special use permit and
[30:04] such. And then after that was
[30:05] approved they came in and
[30:05] applied for the special use
[30:07] permit to come forward. Um, so
[30:08] there's a there's a process for
[30:10] us to be able to do that if we
[30:11] can't figure out a way that it
[30:13] fits into, you know,
[30:14] functionally or operationally
[30:15] any other category that's
[30:16] similar, then that that option
[30:18] exists to be able to go through
[30:19] that process. So it's almost a
[30:21] two step type of thing. Um, I
[30:22] think that corey was.
[30:24] Mentioning um. To to look at it
[30:24] that specifically.
[30:26] >> yeah, my only concern with
[30:28] using the sdp is that there is
[30:30] no kind of actual physical
[30:32] concept land that's different
[30:34] or you know that that kind of
[30:37] need a different I know this is
[30:38] an existing building and site
[30:41] and the sdp was written I mean
[30:42] because I wrote it so I know
[30:44] the intent was to kind of if
[30:46] there is a different physical
[30:48] layout of the site that still
[30:50] meets the intent of the D.O.T.
[30:52] And this one uses the existing
[30:55] building and and sites. So
[30:57] that's my main concern that
[30:58] it's only for a use and really
[31:00] the better tool is to use an
[31:01] suv. I will.
[31:03] >> tell you on the um kind of
[31:03] interpretation of new and
[31:05] unlisted uses and and kind of
[31:07] all of this one of our kind of
[31:08] bigger upcoming projects over
[31:09] the winter is going to be. Kind
[31:11] of a full revamp of our table
[31:14] of uses. Um, the table uses and
[31:15] this um permitted use that the
[31:16] characters on will kind of go
[31:17] hand in hand. We'll look at
[31:19] those together. Um I think
[31:21] there will be probably. Just
[31:23] projects a pretty significant
[31:24] decrease in the number of
[31:25] individual uses a little bit
[31:27] broader categories and some um
[31:28] conditions kind of built in
[31:30] that lessen the number of sups.
[31:32] That's kind of the goal. Um but
[31:33] I think that a lot of these
[31:34] uses that we've seen that have
[31:36] come up that we've kind of use
[31:37] interpretations or kind of
[31:39] found what they align with more
[31:41] fully. Um, some of the newer
[31:44] uses um. We'll we'll try to
[31:45] capture as many of those as we
[31:46] can in.
[31:48] >> the new in the new updated.
[31:50] Table which will I'm sure will
[31:51] workshop multiple times with
[31:52] you all before we get to a kind
[31:53] of a final uh, consensus on
[31:55] that to get it to council. But
[31:56] that is. Not something that
[31:57] we're ignoring. It's on the
[31:58] it's on the radar and we have
[32:00] lots of ideas for things that
[32:01] need need to be fixed. Um and
[32:04] we MAY um I just was kind of
[32:05] rereading that classification
[32:06] I'm doing on the city section.
[32:08] We MAY look at maybe a slight
[32:09] modification just to kind of
[32:10] call out specifically what
[32:12] you're mentioning. Um, jay on
[32:14] the the interpretation so that
[32:15] not everything needs to come
[32:17] back through uh, to pnc for new
[32:19] uses if we can find a similar
[32:22] comparable intensity use. Well
[32:23] and also now with state law
[32:26] that requires you to notify
[32:28] properties that you make
[32:30] non-conforming, that's a bigger
[32:31] issue when you change some of
[32:32] that that's going to also
[32:34] affect that and you want to
[32:35] minimize that and that's made
[32:38] life more difficult for
[32:39] planners. Um.
[32:43] >> so going back one quick time
[32:45] to the how far is it from this.
[32:48] Space to first. House that's
[32:51] about 380ft. Walking distance
[32:52] from there to there plus or.
[32:53] Minus um from.
[32:54] >> the convenience store to
[33:00] there's about 670ft. So it's
[33:02] quick on the down again when
[33:04] you have multiple multiple.
[33:05] >> things to use. Yeah who
[33:09] knows where. Yeah I know how to
[33:10] use google measures on. Good
[33:13] mango. Let's good question
[33:13] thanks for asking.
[33:15] >> that any any other work
[33:18] session questions on this item.
[33:20] You got it on SEPTEMBER 4th.
[33:21] Yeah this was SEPTEMBER 14th.
[33:23] Also okay anything else on that
[33:25] one. That's all we have. All
[33:28] right thank you. Uh we'll go to
[33:30] item b is the future agenda
[33:31] items. Purpose of this item is
[33:33] to allow the planning and
[33:33] zoning commission to bring
[33:35] forward items or issues they
[33:38] wish you to discuss on future
[33:40] work session agendas. Does
[33:41] anyone have any proposals for
[33:45] future items to consider? All
[33:48] right seeing none there is no
[33:50] other business so we will begin
[33:54] our regular session at 7:10
[34:00] P.M..
[34:37] Good evening. Welcome to the
[34:38] north richland hills planning
[34:39] and zoning commission meeting.
[34:43] It is 7:11 P.M. And I call the
[34:45] thursday SEPTEMBER 3rd, 2026
[34:47] planning and zoning meeting to
[34:48] order a quorum of the planning
[34:50] and zoning meeting. A
[34:51] commission is present and the
[34:53] meeting has been posted in
[34:54] accordance to the texas open
[34:56] meetings act of the texas
[34:58] government code for the
[34:59] information of those attending
[35:01] the meeting or viewing online
[35:02] or on television. The planning
[35:04] and zoning commission includes
[35:07] seven regular members and two
[35:08] alternate members appointed by
[35:11] the city council. The alternate
[35:12] members MAY participate in
[35:13] discussion about agenda items,
[35:15] but they only vote on the items
[35:16] itself if a regular member is
[35:20] absent and I forget to kind of.
[35:20] I think.
[35:22] >> we're all regular members
[35:25] tonight so there we go. Um so
[35:27] we will not have any alternates
[35:30] uh, voting tonight. Um, at this
[35:31] time I would invite you to
[35:33] stand and join us as mike kirby
[35:34] leads us in the pledge of
[35:35] allegiance to the united states
[35:43] and texas flags.
[36:10] And thank you, mike. It will
[36:13] now go to item a2. Uh, this is
[36:14] the public comments portion of
[36:16] our agenda. Uh, this is an
[36:18] opportunity for citizens to
[36:19] address the planning and zoning
[36:20] commission on matters which are
[36:22] on the agenda but are not
[36:24] scheduled as a public hearing.
[36:26] Uh, is there anyone in the
[36:26] audience who would like to
[36:28] speak on an agenda item that is
[36:32] not listed as a public hearing?
[36:35] Uh, seeing none um, I will go
[36:36] ahead and close the public
[36:38] comments portion of our agenda
[36:42] and we will go to item b1. This
[36:44] is approving the minutes of the
[36:47] AUGUST 6th, 2026 planning and
[36:50] zoning commission meeting. I
[36:51] move that we approve the
[36:53] minutes of the AUGUST 6th 26
[36:55] planning and zoning commission
[36:57] meeting. I'll second. We got a
[36:59] motion from cheryl. Second from
[37:04] mike. Any discussion. Okay so
[37:08] we'll have a vote. So we're
[37:12] moving fast on. She's.
[37:25] >> on she's worked.
[37:27] And the
[37:32] motion passes 7 to 0. All right
[37:36] and we will go to item or c1.
[37:37] And I'm going to open the
[37:43] public hearing for case zc 20
[37:44] 6-0172 and we'll have clayton
[37:45] has been come and present the
[37:49] item to us. Thank you MR.
[37:50] Chair. Good evening. Commission
[37:52] uh this uh first application
[37:53] tonight is a zoning change.
[37:55] Request uh, from agricultural
[37:57] to r-1 single family. Uh, this
[38:01] is 1.92 acres at 7412 bercy
[38:01] road. Uh.
[38:03] >> this property is located on
[38:05] the south side of bercy road,
[38:07] uh, just east of london dairy
[38:10] uh, valley drive intersection.
[38:11] Uh, here on the south side of
[38:13] the road. Uh a little.
[38:14] >> bit closer view of that
[38:15] property uh, this almost two
[38:17] acre tract of land uh, this map
[38:18] shows a house on the property,
[38:18] but that house and, uh,
[38:19] swimming pool have been
[38:21] demolished from the site. Uh,
[38:22] so the site is currently
[38:24] vacant. Uh, but this does show
[38:24] the extent of that property
[38:29] there at that location. Uh,
[38:29] there's just some.
[38:30] >> views of the property, uh,
[38:32] from bercy road. Uh, these are
[38:34] google meet google images but
[38:35] relatively recent. So you can
[38:36] see the condition of the
[38:37] property without the the house
[38:38] on the site. And just.
[38:39] >> looking back from both
[38:42] corners. And this isn't an area
[38:44] that's designated for low
[38:45] density residential uh on the
[38:47] land use. Plan uh. You can see
[38:48] on the right hand side this is
[38:50] the zoning map there. So that
[38:51] green area, uh, where the
[38:52] property is currently zoned
[38:54] agricultural uh, it is proposed
[38:55] for r-1 single.
[38:57] >> family. Residential uh, for
[38:58] comparison purposes. Uh, the
[39:00] lots here to the east on the
[39:01] south side of bercy road. Those
[39:03] are all zoned r1 residential uh
[39:05] as is the the the londonderry.
[39:06] Edition uh.
[39:07] >> the other properties here to
[39:09] the south and kind of to the
[39:10] northeast of that are all zoned
[39:14] r-2. As the applicant is here
[39:15] this evening to address the
[39:16] commission and then we'll
[39:17] follow up with additional
[39:18] information and.
[39:19] Recommendations following that.
[39:21] Thank you. Clayton. Yes, sir.
[39:24] Uh, MR. Ricks, if you will
[39:26] state your name and address for
[39:27] the record and. We'll hear what
[39:29] you have to say. Uh, greg
[39:30] ricks, uh, you're my.
[39:32] >> home address for 1880. 802
[39:33] queens. Court.
[39:37] >> college station. Texas
[39:42] 77845. And then, uh, what do we
[39:44] got going on tonight? So I know
[39:46] he he gave his but you get the
[39:47] chance to tell your, uh.
[39:48] >> you know, I've got. This
[39:48] property.
[39:50] >> that surrounded. By
[39:53] residential. Uh, property. Is
[39:56] uh. Zoned residential and uh, I
[39:57] want to put a house on it. I
[40:00] know I raised pigs. You want to
[40:02] put a house on it to it now I
[40:03] don't want to. Oh, you don't
[40:04] want it? Oh, for the ag yeah.
[40:06] You said you did want to raise
[40:08] pigs. I know we we've been
[40:09] chickens but I don't know if we
[40:13] did pigs in town but um. So so
[40:14] y'all want to put a house there
[40:15] and they say you get it? Yeah,
[40:17] I zone it to plan it. I brought
[40:19] my plans just in case. Uh, you
[40:22] want my plans? I mean, it's up
[40:24] to you if you want to show us
[40:25] and otherwise we'll, uh. Yeah.
[40:28] >> we'll we'll see if anybody
[40:29] does anybody have any questions
[40:38] or. Details you want to know?
[40:44] All right.
[40:46] So this is the house
[40:48] y'all are going to put it on
[40:54] there yeah okay. I wish I knew
[40:57] how to read one of these yeah
[40:58] because the blueprints but yeah
[41:02] that's. That's where there's an
[41:03] excellent where it sits.
[41:07] >> on the block okay. That's
[41:11] probably more of our yeah. So
[41:14] you'll have uh all the
[41:19] appropriate setbacks and uh,
[41:20] all those kind of things I'm
[41:21] sure you had to work on. Yeah.
[41:24] >> so looks beautiful. Thank
[41:28] you for. Who you are, sir.
[41:37] >> thank you. Okay, good. And
[41:38] then commissioners, do y'all
[41:39] have any other questions for
[41:43] MR. Riggs? Tell me no. Once we
[41:45] change it then you can't call
[41:46] ag land or anything like that.
[41:50] >> you know. I know that you.
[41:52] All right? Well. Thank you.
[41:53] Hang tight. If there are any
[41:54] questions we'll we'll ask
[41:56] about, uh, clayton hill will
[41:57] come up and kind of talk with
[41:59] this a little more and then
[42:00] we'll we'll be able to get our
[42:01] vote on the the zoning change.
[42:02] Great.
[42:03] >> thanks. Thank you I
[42:07] appreciate you. Yes sir.
[42:08] >> excuse me.
[42:09] >> sir, just to summarize, uh,
[42:11] 1.92 acres currently zoned
[42:13] agricultural being proposed for
[42:15] r-1. Single family. Um, this is
[42:17] essentially a you'll we see
[42:18] this a lot uh, with older
[42:19] properties that are still zoned
[42:21] agricultural uh, that might be
[42:22] proposed for development, uh,
[42:23] oftentimes residential
[42:24] development. Um.
[42:26] >> there's a couple of things
[42:27] that come into play there. Um,
[42:29] uh, the agricultural district
[42:30] oddly enough doesn't permit
[42:31] single family. Residential
[42:33] uses. Um, so zoning change is
[42:35] necessary in order to be able
[42:35] to construct a house on a
[42:37] property. Um, and that zoning
[42:38] changes also usually required
[42:40] because uh, the property would
[42:41] need to be platted, which this
[42:43] one will as well. Um, and uh,
[42:44] this lot would not meet the
[42:45] agricultural district
[42:47] requirements. Um, so by
[42:49] rezoning to r-1 uh, that uh
[42:50] allows for the planning of the
[42:51] property would allow for this
[42:52] middle of a building permit for
[42:54] us to review um and certainly
[42:57] the the setbacks are much more
[42:57] generous in r-1.
[42:58] >> than they are.
[42:59] >> in agricultural. Um, so this
[43:00] is a pretty common process we
[43:02] see. But it's a necessary. Step
[43:04] often for, uh, people to be
[43:05] able to develop. Uh, a house on
[43:07] the property. Is to go through
[43:08] these two steps. Um, so.
[43:09] >> that's what this one is. Uh,
[43:11] it is recommended for approval.
[43:12] Um, and following your action,
[43:13] city council will see this.
[43:15] >> on SEPTEMBER the 14th. Um,
[43:16] so we are happy to answer any
[43:17] questions and the applicant's
[43:18] available if there's any more
[43:19] detailed questions that need to
[43:22] be addressed. And like you said
[43:23] this is something that I know
[43:26] we see at. Least up here right.
[43:27] We'll see it from time to time.
[43:28] But I know the first time I saw
[43:30] it it seemed kind of funny that
[43:31] you know, we have farmland in
[43:33] the middle of of town or
[43:34] something. You know that it's
[43:37] my understanding as as the city
[43:38] kind of incorporated more
[43:41] areas. We we left that ag as a
[43:44] placeholder there until we
[43:45] figured out what the land use
[43:47] is going to be around it, which
[43:49] r-1 is what we've done with
[43:50] with the surrounding area and
[43:52] as they come up then we rezone
[43:53] it and. Allow people to
[43:54] develop. Yeah.
[43:55] >> that's absolutely correct.
[43:56] Uh, when the properties get
[43:57] annexed into the city uh, when
[43:59] that was taking place, uh the
[44:00] default zoning that was applied
[44:02] was agricultural. And a lot of
[44:04] that was just to leave it in
[44:05] that holding pattern until uh,
[44:07] if you think back to the 1960s
[44:08] when a lot of properties are
[44:10] annexed, nobody knew what the
[44:11] north part of the city would
[44:12] look like. So they didn't want
[44:15] to presume zoning in place of
[44:16] something else that lifted
[44:17] agricultural. Um, so that way
[44:19] the market kind of determines
[44:20] what happens development
[44:22] patterns establish. And uh in
[44:23] this area certainly residential
[44:25] has become the predominant uh
[44:26] development pattern. Uh, so
[44:28] then it becomes a matter of
[44:29] choice on which zoning district
[44:30] will be appropriate for the
[44:32] given property. And that's what
[44:33] was chosen in this particular
[44:34] case. Okay.
[44:34] >> so this is one.
[44:36] >> of those last of last
[44:37] holdovers of uh agricultural
[44:38] property on this side of the
[44:40] street, uh, to be rezoned.
[44:41] Ultimately you would say that
[44:42] north vernon hills not have any
[44:43] agriculturally zoned properties
[44:44] because everything else would
[44:46] be in a in a district that's
[44:46] appropriate for.
[44:48] >> the. Development on site.
[44:50] But that MAY be long after I
[44:53] retire. So you're. Any other
[44:54] questions for clayton or the
[44:57] applicant? No.
[44:59] >> all right. Thank you.
[45:03] Clayton, uh, the public hearing
[45:07] is open for case zc 20 6-0172.
[45:08] Is there anyone that would like
[45:11] to speak on the item you MAY
[45:12] come forward or do we have any
[45:18] cards not for that one. So um
[45:19] all right so if we don't have
[45:22] anybody for that one then I
[45:26] will close the public hearing
[45:28] for this case and commissioners
[45:30] before I ask for a motion, do
[45:31] you have any clarifying
[45:33] questions or requests for more
[45:36] information? All right. So I
[45:39] will call for a motion on zc 20
[45:42] 6-0172. Make a motion that we.
[45:47] Approve zc. 20 6-0172..Second
[45:50] right motion from kyle a second
[45:54] from cheryl. Do we have any
[45:57] discussion? Yeah I'll.
[46:04] >> call for a vote.
[46:05] All right.
[46:07] And that recommendation for
[46:10] approval passes 7 to 0 and uh
[46:12] will be uh before the city
[46:15] council on SEPTEMBER 14th. So
[46:19] thank you very much, MR. Ricks.
[46:21] All right, now we'll go to item
[46:23] c2. Uh, will be opening the
[46:28] public hearing for case zc 20
[46:30] 6-0173 and we'll have clayton
[46:32] back to introduce the item to
[46:33] us. Thank you sir.
[46:34] >> uh, this uh next request is
[46:36] a special development plan for
[46:38] a winery. Uh, more specifically
[46:40] and meadery uh, this is on a
[46:41] property that's, uh, 8.3 acres
[46:44] in size, uh, in a building an
[46:46] 8204 northeast parkway. Uh, so
[46:48] the area highlighted in green
[46:49] is the entire tract of land,
[46:51] uh, associated with this, uh,
[46:52] application. Um, but the
[46:53] application itself is really
[46:55] subject to a smaller portion of
[46:56] the building here located 82
[46:58] a4. Uh, so just for context,
[46:59] uh, davis boulevard uh, here on
[47:01] the west side of the site uh
[47:03] adjacent to the uh tex rail
[47:05] line, uh and just north of main
[47:08] street. Uh, in that area there.
[47:09] A little bit closer.
[47:11] >> view of the site as you can
[47:12] see uh a little bit better
[47:13] context. Uh, here's the eight
[47:15] acre. Property uh, the site
[47:16] that's uh, will be part of the
[47:17] application that the applicant
[47:19] will explain the. Operations
[47:19] uh.
[47:21] >> here where the star areas in
[47:23] uh suite in that area there.
[47:24] Uh, so this is in the northern
[47:25] portion of the todd uh,
[47:27] smithfield todd and you can see
[47:29] some of the mix of uses in this
[47:31] area uh some newish some
[47:32] existing prior to that, uh, and
[47:34] then across davis boulevard, uh
[47:36] smithfield elementary school.
[47:39] Um, so. Looking if you. Turn on
[47:39] to.
[47:40] >> davis boulevard or.
[47:40] >> northeast park we. Have
[47:41] davis boulevard looking back
[47:43] that direction, uh you can see
[47:44] the uh uh commercial area on
[47:45] the south side residential on.
[47:48] >> the north and then as you
[47:49] turn. Uh, off. Northeast
[47:50] parkway into the site uh, this
[47:53] is the building at 8204 and
[47:54] then down at the end of that
[47:55] building is suite 124, which is
[47:56] what the application is.
[48:00] Associated with. Uh, if you
[48:01] turn back. Looking north.
[48:02] >> towards. Northeast parkway.
[48:04] Uh, 300 or so feet up a uh up
[48:06] the property uh northeast
[48:08] parkways there uh on at the end
[48:09] of that building and if you
[48:10] turn around the other way
[48:11] there's some adjacent
[48:12] commercial property. Uh.
[48:13] >> just to the south of that
[48:17] site. Uh, this.
[48:18] >> is an area designated uh.
[48:20] >> as urban. Village on the
[48:21] land use plan. Uh, this is uh,
[48:24] about a 200 plus acre area. Uh,
[48:25] I'll cover more of that in the
[48:26] staff report. Uh, for the tod
[48:28] for uh, smithfield area. Uh and
[48:29] the zoning on the right hand
[48:31] side, you see, is a, uh, this
[48:32] kind of bluish color, darker
[48:34] grayish color, uh, is the
[48:35] transit oriented development
[48:36] district associated with
[48:37] smithfield, uh.
[48:38] >> and you. Can see some
[48:39] adjacent to other zoning in
[48:41] that area. Uh, this is just.
[48:42] For a special development plan
[48:43] for the for the winery meadery.
[48:45] Uh, this is uh does not change
[48:46] the zoning of the property.
[48:47] >> this would just. Be
[48:48] considered for authorization of
[48:48] this use.
[48:52] >> at this site. And with that,
[48:53] the. Applicant is here this
[48:55] evening, uh, to make a
[48:56] presentation, uh, and discuss
[48:57] the, uh, project with the.
[48:59] Commission uh, when uh, the
[48:59] y'all are complete with that
[49:01] will follow up additional.
[49:02] >> information staff report.
[49:05] All right. Thank you sir, have
[49:08] the applicant come forward your
[49:09] name and address for the
[49:13] record. Good evening. Uh, my
[49:14] name is corey smith. Uh, my
[49:17] home address is. 6544 wakefield
[49:19] road, uh, here in
[49:22] north richland. Hills, texas.
[49:27] 76182. And, um, I'm I'm just
[49:30] here to present. Uh uh I'm
[49:32] probably over prepared for this
[49:34] but uh, best to do. That and
[49:37] otherwise. Um so I want to
[49:37] start a.
[49:40] >> small. Matter here in town.
[49:46] Um uh mead is uh um it's uh.
[49:47] Fermented beverage, um.
[49:49] >> kind. Of like wine. Instead
[49:52] of grapes I use honey. Um, and
[49:55] I'm proposing, uh. That I be
[49:57] allowed to manufacture and
[50:00] bottle. Uh, small batch. Mead
[50:00] on site.
[50:03] >> uh um it's. Uh.
[50:05] >> approximately 1200 square
[50:08] foot space. I'll be using.
[50:09] 600ft of it for the
[50:11] manufacture. Uh. The
[50:12] manufacturing portion the other
[50:14] half is. An office just where I
[50:17] plan to do administrative
[50:18] tasks. Um, so.
[50:20] >> the, uh the manufacturing
[50:21] site in question is.
[50:23] Approximately 600ft total. Um,
[50:25] I'm just. Asking to work with
[50:27] the city and obviously the
[50:28] state and federal government.
[50:30] To allow, uh. Me to participate
[50:33] and to manufacture. Um uh I
[50:35] will. Try to be as brief as
[50:36] possible. Um as as.
[50:38] >> I stated, the product is
[50:41] mead fermented honey, uh, water
[50:43] and yeast. Um will. Be made in.
[50:46] Small batches less than. 12
[50:46] gallons.
[50:46] >> per. Batch.
[50:49] >> um, with a. Scale
[50:51] appropriate to the size of the
[50:53] building. Um, I'm not looking
[50:57] to. Grow beyond um. Uh, you
[51:00] know, to uh, be the next miller
[51:03] or anything like that. But uh
[51:06] um, just to engage in
[51:06] manufacturing.
[51:09] >> a small. Scale, um.
[51:11] Manufacturer and bottling. No
[51:12] taproom? Um.
[51:15] >> no on-site consumption other
[51:19] than uh uh. What is allowed by
[51:21] the city and. Tabc known as
[51:23] tastings. But even the majority
[51:24] of those I plan to. Have
[51:25] offsite because.
[51:27] >> the facility is itself, as
[51:30] you've seen, rather industrial.
[51:32] Um, and I find that. Going to
[51:33] another winery and hosting.
[51:35] These sort of tastings would be
[51:39] more to my benefit anyway. Um,
[51:42] I plan. To market to local
[51:44] businesses. First um,
[51:44] spreading.
[51:46] >> out from there as as. Uh it
[51:50] takes root. Um but. Really
[51:52] participating in the.
[51:54] >> local economy as much as
[51:55] possible um. Purchasing from.
[51:57] >> local. Food markets. Um.
[52:00] >> the fruits, the honey. Uh
[52:01] any herbs that I use uh.
[52:03] >> would. Be purchased locally
[52:07] first. Um, and I.
[52:09] >> I don't want to really grow
[52:10] beyond the city that I live in
[52:14] anyway. Um, I live. Here my. My
[52:15] daughter. Goes to school here
[52:18] and. I'm, uh.
[52:19] >> I want to do business here
[52:22] as well. Um, a conceptual. Look
[52:26] at the space. This is just the
[52:28] 600 square foot warehouse. Uh,
[52:31] site, um. Approximately 120ft
[52:34] for a cooler fermentation room.
[52:36] Um, I will have, uh.
[52:38] >> at the very beginning only
[52:41] four individual. Fermenters uh,
[52:44] sized at 15 gallons, um, to.
[52:45] Account for head space above my
[52:49] 12. Gallon, um batch size. Uh,
[52:51] the rest of the. Site will be
[52:53] used for bottling. Packaging
[52:58] and dry storage. Um I have
[53:00] given the process. That I use.
[53:05] To for uh for production. Um,
[53:06] not sure. How many of you.
[53:08] >> might be interested in this.
[53:09] I'd be happy to talk about it
[53:12] at great length should you be
[53:17] willing to do so. Um, my.
[53:19] Intended start. My intended.
[53:20] Production start is
[53:23] approximately 1220. Gallons per
[53:24] quarter. Um, for.
[53:26] >> the first two quarters of
[53:29] operation. That's to allow me
[53:32] to. Properly size my recipe.
[53:34] Scale everything up. As, uh, as
[53:38] need be. Um. In preparation for
[53:40] our first production. Runs by
[53:41] my. Third quarter I plan to be.
[53:43] Making approximately 40 gallons
[53:44] per. Quarter and.
[53:45] >> that should persist for
[53:47] about the. Next five quarters.
[53:50] Um and then beyond that I, I
[53:53] have not. Gotten a solid
[53:54] business plan in place for
[53:56] beyond that I'm just looking to
[53:57] open the. Doors and get
[53:59] started. Um.
[54:00] >> I do believe the facility
[54:04] could scale to. Uh, 150.
[54:05] >> to 200 gallons per. Quarter.
[54:08] >> but that would be the top
[54:09] end for me anyway. If I'm
[54:10] making. That much I need to
[54:11] look into a.
[54:13] >> new a new bigger facility.
[54:13] Um.
[54:19] >> so my operations. From the.
[54:22] >> very beginning I um I'm
[54:26] super. Focused on preventing
[54:28] waste uh, preventing. Water
[54:33] waste especially. Um my.
[54:34] Fermentation process uses a lot
[54:37] of water. Um, so I already
[54:41] have, um. Operational processes
[54:44] in place to. Support.
[54:45] >> um.
[54:47] >> safe water consumption at.
[54:49] >> the facility., uh, along.
[54:51] With uh, compliance. With
[54:53] environmental standards, uh,
[54:55] above and beyond exceeding
[54:57] city. Uh environmental
[55:00] standards. And restraints. Um
[55:03] and I. Want to reiterate that
[55:07] the facility has nearly zero
[55:10] flat plan. Foot traffic. Um
[55:12] there's. Zero on-site
[55:17] consumption. Um any. Sale on
[55:17] premises.
[55:19] >> would be. By the bottle. And
[55:22] in a bag or box and to be.
[55:24] Carried off site I expect that
[55:26] to be less than 5%.
[55:29] >> of. My total sales, the
[55:30] majority of my. Sales coming
[55:34] from keg. Sales to local bars.
[55:37] Um other wineries. Um and uh
[55:40] going out to. Events uh. Rent
[55:43] fairs and the like. Um here in
[55:49] texas. Um I. I understand what
[55:50] kind of business I'm getting
[55:52] into. And the. Resistance that.
[55:55] >> that might bring. Um, but I
[55:57] want to. Assure everyone here
[56:00] that I intend to comply. With
[56:01] all of the layers of government
[56:04] that, uh. Weigh upon me. With a
[56:06] business like this. So, um. I
[56:08] urge you. Uh.
[56:10] >> to please feel free to ask.
[56:15] >> any questions. Um, I'm ready
[56:16] somewhat. And.
[56:18] >> uh, I look forward to your
[56:24] feedback. How long does that?
[56:25] Well, I can't remember the
[56:26] eight steps or so that process
[56:29] how long does that take from
[56:31] start to finish? So from the.
[56:33] >> day I first mix the
[56:33] ingredients until.
[56:37] >> the day I'm bottling. It's
[56:38] approximately. Three and a half
[56:42] months okay. And you and 20
[56:45] gallons uh like I'm trying to
[56:47] think scale of like how much
[56:48] you're going to have coming out
[56:51] of this uh, location but. So.
[56:53] >> uh, I was going to bring a
[56:55] bottle with me, um, just to
[56:56] show you the size of my
[56:57] bottles. But that doesn't
[56:58] really put into perspective how
[57:01] big the kegs are. Um, 20
[57:06] gallons is. Approximately 100.
[57:08] 500ml bottles. So think. About
[57:14] a, uh about a pint um, or so
[57:16] um, about. 100 pints. Okay.
[57:20] >> so I mean you're at at 200 a
[57:21] quarter we're not having like
[57:24] truck truckloads of mead coming
[57:28] out and um. I don't intend to I
[57:29] don't intend to block the.
[57:30] Other residents of this
[57:36] commercial park. Um, so, um, I.
[57:39] Should be able. To manage
[57:43] deliveries. Of any inbound like
[57:44] bottles, uh, any. Keg
[57:45] deliveries. In small box
[57:50] trucks? Um. Distribution is
[57:53] intended. Um. And they.
[57:55] >> you know, I have, uh, a
[57:59] small. Lift commercial lift
[58:00] style. Door on.
[58:03] >> the. Facility, um, and. The
[58:07] uh. The the. The medium sized
[58:10] uh, semis. Uh I think they're
[58:12] 27 foot. Um, they come back in.
[58:13] Pretty easily in that space
[58:17] but. Um, I intend no more.
[58:18] Obstruction than any of the
[58:19] other commercial businesses on
[58:20] the property. Okay.
[58:24] >> and uh, the tasting portion
[58:26] of this. Yeah. And it was like
[58:27] you said, it's got a lot a lot
[58:29] of feedback on that, but, uh,
[58:31] doesn't sound like it's going
[58:33] to be, you know, the kind of
[58:35] place where uh, the group is
[58:37] going to come and hang out on a
[58:38] saturday night and drink three
[58:40] bottles of mead and. Now.
[58:42] >> um, I'll be the first one to
[58:42] order them off. Yeah.
[58:43] >> um, the.
[58:47] >> tastings would be. Uh, I
[58:50] I'll have to I'll have to. Get
[58:51] clear with the tabc guidelines,
[58:54] but the tastings must be. Uh,
[58:56] it's less than a half an ounce.
[59:01] Um, and my abv. Ranges from.
[59:01] 5.5% to.
[59:04] >> 19% on the high end. Um, so
[59:05] it would be. Comparable with a
[59:08] wine. Tasting, but, um, I
[59:09] don't. Really intend to do.
[59:14] That on site. Um, unless, um,
[59:17] there's some. Specific event
[59:19] that I'm allowed to do. By
[59:20] this. By the council.
[59:22] >> and and the city. Um um I've
[59:24] already. Set up to do most of
[59:26] this stuff off site. I've got a
[59:27] friend up in keller that runs a
[59:29] winery. Um, and.
[59:31] >> he's agreed to let me use.
[59:31] His his.
[59:33] >> room for these events. So.
[59:34] >> um.
[59:35] >> I'm looking.
[59:36] >> to do as much away from
[59:37] this.
[59:39] >> site as possible. It's just
[59:41] purely for utilitarian
[59:44] purposes. Any other questions
[59:46] for the. The applicant that you
[59:50] guys have for. Clayton this is.
[59:51] The one question I have is how
[59:53] many employees will you have at
[59:55] this location? One just. Me
[59:58] okay. I intend. To have people
[1:00:02] there on site on like bottling
[1:00:06] day. Um there MAY be up to 3 or
[1:00:08] 4 people helping. Me on. Just 1
[1:00:11] or 2 days over a weekend. Um,
[1:00:12] the weekend. Traffic at this
[1:00:14] facility is already light. Most
[1:00:15] of. These businesses.
[1:00:17] >> are monday through friday.
[1:00:21] Um I have. Two allocated
[1:00:24] parking spaces. On the site.
[1:00:25] And I don't intend to go beyond
[1:00:28] that. If we place.
[1:00:31] >> a condition that any kind of
[1:00:33] testing light anything that's
[1:00:34] beyond just like the occasional
[1:00:37] one will not occur on the site
[1:00:39] and if that is going to be an
[1:00:40] ongoing thing that's something
[1:00:42] you can come back and request
[1:00:43] additional approval for. Is
[1:00:45] that something. That would.
[1:00:50] >> be okay with? So um. A
[1:00:52] provisional restriction on
[1:00:53] tastings of any kind on the
[1:00:55] site, is that. What you're
[1:00:56] saying? Well, I mean beyond
[1:00:58] just maybe for your wholesalers
[1:00:58] or.
[1:01:00] >> you know. We don't want the
[1:01:02] general public to be coming in
[1:01:03] there for tastings like a wine
[1:01:07] bar. So uh yeah. Yes, 100%. I
[1:01:10] agree with that. It's there's.
[1:01:12] I'm not really going to be set
[1:01:13] up for that. Um.
[1:01:15] >> if a distributor wants.
[1:01:17] >> to come and meet. With me.
[1:01:18] Probably not going to meet at
[1:01:20] the. Site either. Um, we MAY.
[1:01:22] Go over there and visit to. To
[1:01:23] have them look at what I'm
[1:01:24] doing. But this.
[1:01:26] >> is this is not a site.
[1:01:28] That's intended for. Showing
[1:01:30] off. They're going to have
[1:01:30] tours.
[1:01:34] >> and. I mean 50 bucks ahead.
[1:01:39] Sure okay. Very good. Any other
[1:01:41] questions for the applicant.
[1:01:43] All right. Corey thank you
[1:01:45] thank you. Uh we'll have
[1:01:46] clayton present and just hang
[1:01:46] tight. We MAY have more
[1:01:47] questions.
[1:01:53] >> for you later but.
[1:01:55] Uh okay.
[1:01:55] >> so just.
[1:01:57] >> a, um, summary.
[1:01:58] >> of uh, what we're looking
[1:02:00] at, uh, this request to add the
[1:02:02] winery for this. Uh, special.
[1:02:03] Development plan, uh.
[1:02:05] >> this. 88.3 acre site, uh,
[1:02:08] one smaller and I think I heard
[1:02:08] 1200.
[1:02:10] >> square feet, 1200. 1200
[1:02:11] square feet. Okay. Thank you.
[1:02:13] Uh, we had measured out about
[1:02:15] 1000ft. Um, so just a point,
[1:02:17] uh, to bring up the the
[1:02:18] proposed conditions and
[1:02:19] standards that are included
[1:02:20] with the packet, uh, campus
[1:02:22] square footage of 1000ft
[1:02:23] because we figured this was
[1:02:26] about 900 or so. Um, so if, uh,
[1:02:28] there is a motion to approve
[1:02:30] this and pass it along to city
[1:02:31] council, I'd like to bump that
[1:02:32] number up to at least 1200
[1:02:33] square feet on that cap on the
[1:02:34] square footage. Um.
[1:02:35] >> just so we don't, uh, box
[1:02:37] that in and necessarily. Um.
[1:02:39] >> so we have 1000ft here.
[1:02:40] That was just our estimate off
[1:02:42] of the site plan off the space
[1:02:43] plan that was there. So uh,
[1:02:45] we'll say 1200 square foot area
[1:02:49] for that particular suite. Um,
[1:02:49] I've included this.
[1:02:51] >> uh, discussed this is the
[1:02:52] work session. Um, I think there
[1:02:54] was some. Uh uh a lot of the
[1:02:55] correspondence that we received
[1:02:57] regarding this I think MAY have
[1:02:58] been a misunderstanding about
[1:02:59] the scope of the project and
[1:03:00] condition in the relationship
[1:03:01] to.
[1:03:03] >> the property. Uh, because we
[1:03:05] include uh uh, when we send out
[1:03:06] notifications for zoning cases
[1:03:08] ,um, that we're required to
[1:03:09] use. Basically the property
[1:03:11] boundaries for that. Uh, so
[1:03:13] this is a eight acre site, um,
[1:03:15] that we were using for the
[1:03:17] notification area. Um, so the
[1:03:18] site is there in the in the
[1:03:19] hatched area uh, the larger
[1:03:21] blue line is the notification
[1:03:22] area. So every property within
[1:03:25] that uh or touches that we sent
[1:03:26] out public notice on for this
[1:03:27] particular public hearing
[1:03:29] tonight um even though the the
[1:03:32] site itself is just a small. Uh
[1:03:34] 1200 square foot area there uh
[1:03:36] ,identified by the green box.
[1:03:37] Uh, so we think there might
[1:03:38] have been some a little bit
[1:03:39] misunderstanding about what the
[1:03:40] scope of that is compared to
[1:03:41] what the operation was. Um, so
[1:03:42] we wanted to provide this just
[1:03:44] for informational purposes. Uh,
[1:03:45] tonight, uh, just in case
[1:03:46] where. Questions came. Up about
[1:03:49] that. Um.
[1:03:50] >> so this property is in the
[1:03:52] tod district. Uh, this is the
[1:03:53] regulating plan, uh, for the
[1:03:55] smithfield tod. Uh, this is a
[1:03:57] 200 plus acre area. Uh, the
[1:03:59] site the under consideration
[1:04:00] here where the green star is is
[1:04:02] up there in northeast parkway.
[1:04:04] Um, there are. Multiple
[1:04:05] character zones, uh, in this
[1:04:07] area. Uh, primarily everything
[1:04:08] on the east side of davis
[1:04:10] boulevard is in a mixed. Use
[1:04:11] general mixed use area. Um, so
[1:04:13] that's intended for a very wide
[1:04:14] range of uses. It could include
[1:04:16] things from retail, office,
[1:04:18] residential, uh, some
[1:04:20] industrial type operations uh,
[1:04:21] very broad mix of things. Uh
[1:04:23] and if you've uh been out in
[1:04:25] that site you'll see some older
[1:04:26] industrial areas here, some
[1:04:28] newer uh residential areas
[1:04:29] being constructed across from
[1:04:31] this. Area uh some newer
[1:04:33] industrial or newer commercial
[1:04:34] retail and residential there in
[1:04:35] the south portion of the site
[1:04:37] uh and some activity there and
[1:04:39] other spots along the west side
[1:04:40] of davis boulevard. Uh but
[1:04:42] bottom line is this is a very
[1:04:44] large uh, mixed use intended to
[1:04:46] be mixed use area, um, for
[1:04:47] trying to encourage new
[1:04:49] development but also trying to
[1:04:51] ensure that existing uses are
[1:04:52] able to continue along in this
[1:04:54] uh, within the tod district uh,
[1:04:56] and to uh, you know, allow
[1:04:57] other improvements and things
[1:04:58] to be made over this over the
[1:05:00] course of time, uh, and prior
[1:05:01] to any kind of other
[1:05:03] redevelopment that might occur.
[1:05:04] Uh, but this is the regulating
[1:05:05] plan that ties in as well with
[1:05:06] the, uh, the zoning district
[1:05:09] for the tod. So if you look on
[1:05:10] the zoning map, this area is
[1:05:12] all zoned uh, for that tod area
[1:05:15] .Um, there was.
[1:05:16] >> some references to the
[1:05:17] alcoholic beverage codes we've
[1:05:18] provided some maps just
[1:05:19] showing, uh, those standards
[1:05:21] here. Um, the city's code, uh,
[1:05:22] which mirrors the state
[1:05:23] alcoholic beverage commission
[1:05:24] code, uh, does have
[1:05:25] requirements distance
[1:05:27] requirements from uh
[1:05:28] establishments that might sell
[1:05:30] alcoholic beverages uh, either
[1:05:32] from churches and um public
[1:05:33] hospitals and also from public
[1:05:35] and private schools. Um so
[1:05:37] under the current codes, uh the
[1:05:38] there is a distance
[1:05:40] requirement. For uh, uh
[1:05:41] properties that.
[1:05:42] >> might have an establishment
[1:05:44] that sells alcoholic beverages.
[1:05:45] Uh, from from a school
[1:05:47] property. Uh that minimum
[1:05:48] requirement is 300ft and. So
[1:05:50] that's a. Property line a.
[1:05:52] Property line uh, measurement.
[1:05:53] Uh, so if you were to look at
[1:05:54] the site under consideration
[1:05:56] here on northeast parkway and
[1:05:57] compare that to the property
[1:05:58] where smithfield elementary
[1:06:00] school is on the other side of
[1:06:01] davis boulevard. Uh, it's a
[1:06:03] little over 560ft as the crow
[1:06:04] flies from property. Land
[1:06:06] property line. Uh, so it does
[1:06:08] exceed that 300 foot. Distance
[1:06:09] um. Even though it's not
[1:06:10] affected here. Um, if there
[1:06:12] were a church in this area or a
[1:06:13] daycare center or a public
[1:06:15] hospital um that 300 foot
[1:06:17] distance does apply but the
[1:06:18] measurement is different. Uh,
[1:06:20] that is measured from door to
[1:06:21] door from those two
[1:06:22] establishments. Um, the only
[1:06:23] one that is uh property line
[1:06:24] the property line is to.
[1:06:25] >> a school. And so that's what
[1:06:26] we've shown here on.
[1:06:26] >> this. Particular map.
[1:06:29] >> and then for additional.
[1:06:31] Reference uh, there are other
[1:06:32] existing alcohol permits within
[1:06:34] this area. Uh there are two uh
[1:06:36] gas station convenience stores
[1:06:37] there at the corner at
[1:06:38] northeast parkway. Uh they both
[1:06:39] have uh permits that would
[1:06:41] allow for basically beer and
[1:06:43] wine sales package sales uh,
[1:06:44] not for on premise. Consumption
[1:06:46] .. Uh, but for carryout uh,
[1:06:48] same with the uh the breaktime
[1:06:50] uh, convenience store there at
[1:06:52] smithfield and main street uh,
[1:06:53] there in that southwestern
[1:06:54] portion of the. Property and
[1:06:56] then back for barbecue has a
[1:06:58] mixed beverage permit for their
[1:06:59] operations there at that
[1:07:00] particular restaurant. Uh, so
[1:07:01] just. For comparative purposes,
[1:07:02] those are the existing permits
[1:07:04] that are within that area. Uh,
[1:07:05] this would be a different type
[1:07:06] of permit but similar in
[1:07:09] operation. Um.
[1:07:10] >> so. Following your.
[1:07:11] >> action tonight the.
[1:07:12] >> city council will consider
[1:07:14] us on SEPTEMBER 14th. Uh, we're
[1:07:16] happy to answer any questions
[1:07:17] uh, prior to the public hearing
[1:07:18] or address any questions that
[1:07:20] might come up during the public
[1:07:20] hearing. Uh.
[1:07:26] >> if there are any. All right.
[1:07:27] Like you.
[1:07:28] >> any questions? Just.
[1:07:30] >> uh, quite nice a question.
[1:07:32] >> on one question here. Um, do
[1:07:33] you happen to know what the
[1:07:34] occupancy rate is of that
[1:07:37] industrial park? Um, uh. I
[1:07:38] don't I'm sorry. We don't know
[1:07:40] what the are the occupancy of
[1:07:41] it. Um, we have driven through
[1:07:43] it several times over the last
[1:07:44] couple of weeks. Um.
[1:07:45] >> there are there are a number
[1:07:46] of businesses that are
[1:07:48] operating out of that area, uh,
[1:07:49] number of codes that do exist
[1:07:52] there for a wide range of uses.
[1:07:54] Uh a lot of commercial uses um
[1:07:56] service types of operations. Um
[1:07:58] woodworking shops, um
[1:07:59] warehousing um services that
[1:08:01] provide for hot tubs and pools
[1:08:03] and things of that nature. Um
[1:08:04] it looks like it's pretty. Well
[1:08:06] occupied but uh there's not a
[1:08:07] lot of signage. In the
[1:08:08] development. Um.
[1:08:09] >> this is not really a
[1:08:10] destination type of uh,
[1:08:12] property. Um, so there's not
[1:08:13] usually a lot of signage
[1:08:14] associated with that. So there
[1:08:15] there are probably people
[1:08:16] operating on that that. Just
[1:08:17] don't. Pay for uh exterior
[1:08:19] signage. Um. But uh, we don't
[1:08:20] know the exact. Uh.
[1:08:23] >> occupancy for it, but but
[1:08:24] there are quite a number of
[1:08:25] businesses currently there.
[1:08:30] Thank you ma'am. Excuse me.
[1:08:32] Goodness was. Beyond spot a
[1:08:34] little bit. Uh. I'm ready for
[1:08:38] it. Thank uh, why are we're.
[1:08:40] Talking about. Making sure. Or
[1:08:41] possible.
[1:08:42] >> have an. Exemption where
[1:08:42] there is no tasting.
[1:08:44] >> area they. Want to.
[1:08:45] >> make sure that we protect uh
[1:08:47] MR.. Right now for sure. Are
[1:08:48] there any unintended.
[1:08:49] Consequences you can think.
[1:08:50] >> of off top of your. Head
[1:08:51] about. Uh.
[1:08:53] >> if that restriction could
[1:08:55] cause. Something the uh,
[1:08:56] restriction on tastings. Yes.
[1:08:59] >> um. The only thing I. Can
[1:09:00] offer on that is, uh, that's
[1:09:01] not something that's covered
[1:09:03] under the city codes for that.
[1:09:05] Um, usually that's.
[1:09:06] >> part of the operation that
[1:09:07] you would get, uh, when they
[1:09:08] apply for their permit from
[1:09:09] alcoholic beverage commission.
[1:09:11] Uh, they apply for the winery
[1:09:12] permit in this case, uh, and
[1:09:14] there are allowances under that
[1:09:16] license and permit to be able
[1:09:18] to do certain things and some
[1:09:20] of those things are tastings.
[1:09:20] Um.
[1:09:22] >> so that's not a. Not
[1:09:22] something.
[1:09:23] >> that's. Covered under the
[1:09:25] city code to allow for restrict
[1:09:26] those that's completely the
[1:09:28] alcoholic beverage controls the
[1:09:30] operations of those things. Uh.
[1:09:31] >> what the zoning would
[1:09:33] provide for is is this
[1:09:34] particular use authorized
[1:09:36] there. Uh and then that
[1:09:38] function. In conjunction with
[1:09:39] whatever the permit from the
[1:09:41] state would allow. For um. I
[1:09:42] think the closest quarterly I
[1:09:44] can think of are uh, drone
[1:09:46] operations that wing is doing.
[1:09:46] Um.
[1:09:47] >> the the zoning that's
[1:09:49] permitted for that basically
[1:09:51] sets up the conditions for the
[1:09:51] site improvements where they
[1:09:53] can be located. You know, those
[1:09:54] require special zoning
[1:09:55] approvals. But once.
[1:09:56] >> the drone leaves the air
[1:09:58] that drone falls under the faa
[1:10:00] type of uh regulation and not
[1:10:02] city regulation. Um, so this is
[1:10:04] kind of a similar type of
[1:10:05] situation to where the use
[1:10:07] could be permitted but the
[1:10:09] operations of how they function
[1:10:11] the business, uh, and the
[1:10:11] things that are permitted under
[1:10:12] that permit would fall under
[1:10:13] the alcoholic. Beverage
[1:10:15] commission control. So there.
[1:10:16] >> could be it could. Be a
[1:10:17] condition that could be
[1:10:18] attached that uh ultimately
[1:10:21] could uh just be. Um
[1:10:21] unenforceable.
[1:10:23] >> by the city since that's not
[1:10:24] the city's jurisdiction. Okay.
[1:10:27] >> well bigger concern is
[1:10:29] really on the parking, right?
[1:10:30] Because sure, when they have
[1:10:32] the public coming in and the
[1:10:33] parking becomes. Tight and
[1:10:34] that's really the issue that
[1:10:38] I'm looking at as a consequence
[1:10:40] of that activity being well, I
[1:10:42] mean we control land uses that
[1:10:43] deal with people coming in and
[1:10:46] out whether it's retail or you
[1:10:48] know, industrial. And the fact
[1:10:49] is that since they only have
[1:10:52] two parking spaces, I really
[1:10:54] think that's where I'm looking
[1:10:56] at seeing that we don't want to
[1:10:57] have a lot of that in and out
[1:11:00] traffic. And we are not trying
[1:11:02] to control what the tabc uh,
[1:11:03] license would allow them to do.
[1:11:05] But it's more of the external
[1:11:07] uh, externality of people
[1:11:10] coming in and the impact on the
[1:11:13] parking is why I'm kind of
[1:11:15] putting that uh, trying to put
[1:11:17] that limitation. Makes sense on
[1:11:20] a um.
[1:11:22] >> I think cheryl and jim
[1:11:24] didn't..
[1:11:27] >> oh, okay. So really. You're
[1:11:30] um. Retail part of it would
[1:11:32] just be for people to come by
[1:11:36] individual bottles. So that. So
[1:11:39] that sounds more than the.
[1:11:41] Tasting but you're not
[1:11:42] expecting a lot. I mean, your
[1:11:44] door would be knocked down by
[1:11:46] hundreds of people to come by.
[1:11:49] No. Not at all. Um, in fact. I
[1:11:50] don't even intend to have.
[1:11:53] >> the. Doors unlocked. For
[1:11:53] the.
[1:11:55] >> majority of the week..
[1:11:56] >> um, maybe in.
[1:11:57] >> off. Hours.
[1:11:59] >> but most of my. Individual
[1:12:02] bottle sales would be. Hey, I
[1:12:03] want to come by and get. Uh,
[1:12:04] get a couple of bottles. I want
[1:12:05] to take them to a wedding or. I
[1:12:07] want to, you. Know, buy a
[1:12:08] couple for my. You know, my
[1:12:10] cousins. Or whatever. It's it's
[1:12:12] not the intended. Primary sale,
[1:12:15] uh, approach for my business.
[1:12:16] Um, I'm going.
[1:12:18] >> to be putting the majority
[1:12:19] of my. Product in kegs.
[1:12:21] >> to sell to local businesses.
[1:12:23] And you said when you do a
[1:12:25] tasting the permit tabc permit
[1:12:26] allows you to do you said an
[1:12:28] ounce and a half. It's uh I
[1:12:29] think it's under a half ounce
[1:12:30] for the tasting.
[1:12:31] >> I'd have to review that to
[1:12:32] be sure, but I believe it's.
[1:12:35] >> under a half ounce and even
[1:12:37] then I don't I don't I don't
[1:12:39] intend to bring. People to this
[1:12:41] to this site for for tastings.
[1:12:43] Um, if I'm in dire straits. And
[1:12:45] somebody just has to come by
[1:12:49] um, and I need to follow I can.
[1:12:51] File anything you need. Um.
[1:12:52] Absolutely, but I do I do. Not
[1:12:53] intend.
[1:12:55] >> to have, uh. Official
[1:12:56] tastings here. Right.
[1:12:58] >> and part of it we discussed
[1:13:00] in the the work session and I
[1:13:02] think some of the feedback in
[1:13:02] our. Uh.
[1:13:04] >> from the community brought
[1:13:07] it up to but as we do a
[1:13:09] development plan or a. Special
[1:13:11] use. Permit, which is what this
[1:13:13] is but um, part of what we have
[1:13:15] to think of is. You know,
[1:13:17] you've created the uh, use that
[1:13:20] happens in that area. Um, you
[1:13:21] don't open it to the public
[1:13:24] sounds like necessarily um. But
[1:13:25] the next person not saying that
[1:13:27] you're going anywhere but we
[1:13:28] have to think that way. You
[1:13:29] know, if the next person who
[1:13:32] comes in to do that use um, you
[1:13:33] know, we have to.
[1:13:35] >> think. Of how they would do
[1:13:38] but and then uh, kind of jump
[1:13:39] in between the two of you. But
[1:13:41] but clayton, it sounds like is
[1:13:44] your answer to to kyle. Um,
[1:13:46] it's kind of murky as to what
[1:13:50] the zoning uh, is able to
[1:13:52] regulate in terms of the
[1:13:54] activities to that degree I
[1:13:56] guess the operations of the
[1:13:57] use. Yeah, that's. That's
[1:13:58] correct. Um, the alcoholic
[1:14:01] beverage. Commission um,
[1:14:02] controls. Pretty much.
[1:14:04] >> all of the operations how
[1:14:05] they. How they. How they do.
[1:14:06] >> the things how they bottle
[1:14:07] of the stuff how they store
[1:14:08] their materials, how they
[1:14:09] market it, how they sell it,
[1:14:10] how they label it, those sorts
[1:14:12] of things. Um, those are
[1:14:13] outside of the city's control
[1:14:14] because that's controlled by
[1:14:15] the by different government
[1:14:18] agency at the state level. Um,
[1:14:19] other. Things that we would
[1:14:20] look at too, um, for this
[1:14:22] particular type thing I mean
[1:14:24] this winery is essentially sort
[1:14:26] of a um. Manufacturing type of
[1:14:28] operation which is kind of how
[1:14:29] we've been viewing it is this
[1:14:30] application has been. Forward
[1:14:32] um. Not viewing it as a.
[1:14:34] Drinking establishment or a
[1:14:35] retail store or anything like
[1:14:37] that. So we were looking at it
[1:14:38] more as a production facility,
[1:14:40] uh, which is what the winery
[1:14:41] permit really is from the from.
[1:14:42] >> the state. Um. And not
[1:14:44] necessarily a retail type
[1:14:45] operation. Um.
[1:14:48] >> uh it's hard to the winery
[1:14:49] permit can cover something this
[1:14:50] small and also construct you
[1:14:52] know, something as large as you
[1:14:53] know, hundreds of acres in
[1:14:54] grapevine. Texas um, to be able
[1:14:55] to do that. So those activities
[1:14:57] are vastly different in scale.
[1:14:59] Um, but this is more of a
[1:15:01] production., uh, manufacturing
[1:15:03] .Industrial type of operation
[1:15:03] more than anything.
[1:15:05] >> else at the site. And that's
[1:15:06] kind of how we view that
[1:15:08] basically on a land use. Issue
[1:15:10] and a. Parking situation. Uh,
[1:15:12] and just the general use of the
[1:15:13] property. So that's.
[1:15:14] >> that's been our focus on
[1:15:16] that is outside of the. Uh
[1:15:18] those operations if that. Helps
[1:15:19] address.
[1:15:19] >> some of.
[1:15:20] >> those issues. He did we
[1:15:26] enter your. Okay sorry. Uh, one
[1:15:29] thing I was I'm just kind of
[1:15:32] curious on this, uh, you know,
[1:15:34] with the tod and that general
[1:15:36] mixed use zoning and and, uh,
[1:15:39] kind of the I guess the vision
[1:15:42] 2030 aspect of all of this, um,
[1:15:45] is is that industrial park kind
[1:15:47] of the vision for that? I know
[1:15:49] we don't like developed land,
[1:15:53] but is that long term kind of
[1:15:54] the vision for this area? Would
[1:15:57] it be an industrial park or. Um
[1:15:59] ,I think if you if you.
[1:16:02] Basically take this um concept
[1:16:04] this um regulating plan and
[1:16:06] look at that is uh kind of the
[1:16:08] guiding idea of what that area
[1:16:10] should be. Um certainly it's
[1:16:12] not going to be something that
[1:16:13] occurs overnight that all this
[1:16:15] property suddenly becomes um,
[1:16:16] you know, a larger mixed use
[1:16:19] area but uh, is properties. Um,
[1:16:21] uh. Might redevelop. Uh there
[1:16:23] could be a point to where this
[1:16:23] property owner decides that
[1:16:24] they want to do something
[1:16:26] different to the property. Um,
[1:16:27] this. Is not related to this
[1:16:29] this application but a number
[1:16:30] of years ago I would say with
[1:16:31] probably 7 or 8 years. Ago.
[1:16:33] >> um, the previous property
[1:16:34] owner had thought about making
[1:16:36] some upgrades to the site. Um
[1:16:39] it was. More um. Site
[1:16:40] improvements, esthetic
[1:16:41] improvements to try to bring
[1:16:42] the property a little bit
[1:16:43] closer to compliance. But there
[1:16:44] wasn't a lot of changes about
[1:16:46] the actually uses the property.
[1:16:47] um, so it was still kind of
[1:16:48] geared towards this more
[1:16:50] commercialized operation. Um.
[1:16:52] >> so we're not aware that this
[1:16:53] current property owner has any
[1:16:55] plans to do that. Um, that's
[1:16:56] certainly something they could
[1:16:58] consider. Um, and we would use
[1:16:59] the guidelines in the T.O.T
[1:16:59] district to kind.
[1:17:00] >> of. Help them. Along with
[1:17:02] that. Um, but. You know,
[1:17:03] overall as you know these
[1:17:04] properties build out you know,
[1:17:05] this is a very, very long.
[1:17:06] Range plan uh, for.
[1:17:09] >> the tod area. Um, so it's
[1:17:09] something that.
[1:17:11] >> could happen in the future.
[1:17:12] Um, for this site or. Property
[1:17:14] south of this if the you know,
[1:17:15] the timing is. Right the the
[1:17:17] the you know if all the things
[1:17:18] line up appropriately for it
[1:17:20] and they decide to do that then
[1:17:22] there is a easy. Generally and.
[1:17:24] >> easy process to get through
[1:17:25] that to be able to redevelop
[1:17:27] site. Yeah I mean I think the
[1:17:28] whole like what we've got on
[1:17:31] the the screen there I like it
[1:17:33] I know there's there's a lot
[1:17:34] happening or that has been
[1:17:36] discussed around the the
[1:17:38] station and and uh main street
[1:17:41] uh character zone and um I
[1:17:42] could just see this being a
[1:17:44] really really cool area in the
[1:17:46] city and um. Yeah.
[1:17:48] >> I guess not necessarily an
[1:17:49] entertainment district next to
[1:17:51] the to the houses there which I
[1:17:52] think is what what a lot of
[1:17:53] people were fearing um I.
[1:17:54] >> think a lot of the comments.
[1:17:55] Were geared towards that. Yes.
[1:17:56] Yeah.
[1:17:58] >> um so.
[1:18:00] >> but but that's I guess was
[1:18:01] something I was just curious
[1:18:03] about as far as the the tod
[1:18:05] but. A lot of the focus that
[1:18:07] we've seen uh of course, you
[1:18:09] know in the southern western
[1:18:10] portion of it you know around
[1:18:11] holiday land a lot of
[1:18:11] residential developments
[1:18:13] occurred over there in the last
[1:18:14] ten years. Um.
[1:18:16] >> some stuff here along
[1:18:18] smithfield road. So this area
[1:18:19] here you're seeing a. Lot of,
[1:18:21] uh. Activity um, some new.
[1:18:22] Construction down here just
[1:18:23] south of the city's boulevard
[1:18:25] with the new building. The
[1:18:26] starbucks and the construction.
[1:18:28] Down the there at uh, bridge
[1:18:29] street. Um.
[1:18:30] >> new residential development
[1:18:32] golden grove over in this area.
[1:18:33] Um, uh.
[1:18:34] >> rick figaro has been
[1:18:35] developing quite a bit
[1:18:36] redeveloping his properties in.
[1:18:37] >> this. Area too. So there's.
[1:18:38] >> a lot of. Little pieces
[1:18:40] that. Are um., happening over
[1:18:42] there. Um, so there's some.
[1:18:44] Gravity I guess taking. Place
[1:18:46] and for. That um, so. You know,
[1:18:48] as those things. Happen and uh.
[1:18:49] >> it kind of. Guides. Future.
[1:18:50] Development decisions somebody
[1:18:55] might make. All right. Any
[1:18:57] other questions? Yeah. There's
[1:19:00] a approximately 100,000ft like
[1:19:01] if you take all the four
[1:19:03] buildings if each building is
[1:19:07] what 20. 400 yeah. Off if you
[1:19:08] take all five buildings on that
[1:19:10] side it's about 100 and. Uh
[1:19:12] there's one show not shown here
[1:19:13] this kind of off to the side
[1:19:14] that's an irrigation company.
[1:19:16] It's about. 116,000ft total.
[1:19:18] >> building space. Well, and I
[1:19:20] mean even at like 50% occupancy
[1:19:22] that's a lot of existing uses
[1:19:23] that are not most probably
[1:19:25] going to go away anytime soon
[1:19:27] and you don't want. To close
[1:19:28] the cash flowing business and
[1:19:29] you definitely want to
[1:19:34] encourage uh, local uh small
[1:19:35] manufacturing uses like the one
[1:19:38] that's being proposed. But a
[1:19:39] lot of small businesses in this
[1:19:46] facility. Or or. This this um
[1:19:48] this request is no. Different
[1:19:49] than. If you move just south
[1:19:51] and said the same smithfield.
[1:19:53] Planning area. Uh, this is the
[1:19:55] same request that somebody like
[1:19:55] keyworth would have had to put
[1:19:58] in to. Facilitate their
[1:20:00] correct. It's exactly the same
[1:20:00] process.
[1:20:02] >> yes, sir. Just so that we're
[1:20:03] staying consistent as.
[1:20:05] >> a board. That's the exact
[1:20:06] same request that would have
[1:20:06] been put in.
[1:20:09] >> down there. In the same.
[1:20:10] Development area if you will.
[1:20:11] Yes.
[1:20:12] >> yeah keyworth is a little
[1:20:13] bit different type of operation
[1:20:15] .Uh they have a different kind
[1:20:16] of license from the. State and.
[1:20:17] They are. You know.
[1:20:19] >> they do brew work there but
[1:20:20] they also. You know are a.
[1:20:22] Place to where you. Can much
[1:20:23] like falls idle is another part
[1:20:25] of. Town you can go. There to
[1:20:27] actually you know. Drink at the
[1:20:28] location. Yeah it's it's set up
[1:20:29] for. That from.
[1:20:30] >> a but the but the. Process
[1:20:30] standpoint exactly.
[1:20:38] >> the same yes sir okay well.
[1:20:39] Commissioners before I ask for
[1:20:41] any uh for a motion are there
[1:20:42] any other clarifying questions
[1:20:44] or requests. For input?
[1:20:46] >> oh sorry we haven't done
[1:20:47] the. Public hearing yet I don't
[1:20:48] think have we oh. Yes that's
[1:20:50] good okay so I didn't miss
[1:20:50] that.
[1:20:53] >> during all the other stuff.
[1:20:54] So before we do that we're
[1:20:56] going to do the public hearing
[1:20:56] .
[1:21:01] >> uh so. Let me get my
[1:21:01] verbiage here.
[1:21:06] >> so we'll now uh the public
[1:21:10] hearing is open for case zc 20
[1:21:15] 6-0163 um and is there anyone
[1:21:17] who would like to speak on the
[1:21:19] item? Uh you can come forward
[1:21:21] now state your name and record
[1:21:23] for the and or for the uh name
[1:21:28] and address for the record.
[1:21:29] Here I'm bobby gomez I.
[1:21:32] >> live at 7714 sable lane in
[1:21:33] north richland hills uh, which
[1:21:35] is not near this development
[1:21:36] but adjacent to the tods. I'm
[1:21:38] always very excited to talk
[1:21:38] about the todd it's.
[1:21:41] >> a. Big reason why I moved
[1:21:42] here. Uh, this.
[1:21:43] >> is a cool development. I'm
[1:21:44] in support of it. I think it's
[1:21:47] a good thing to do. Um I. Also
[1:21:48] I was I misunderstood uh,
[1:21:50] posting and so I was thinking
[1:21:51] this was going to be a full
[1:21:52] eight acre development and I
[1:21:53] was like this could be cool,
[1:21:55] but we'd have to do a whole lot
[1:21:56] more than what I saw on the
[1:21:58] space plan. Um, so if you guys
[1:21:59] read that email that I sent in
[1:22:00] you can.
[1:22:01] >> probably. Disregard 90% of
[1:22:03] that. But I would love to see a
[1:22:04] large development here with
[1:22:06] some good tod stuff going on
[1:22:08] that could include a meadery. I
[1:22:10] think that'd be awesome. Um
[1:22:12] yeah. Uh the one thing I will
[1:22:15] say um is that the the memo
[1:22:17] says that the planning zoning
[1:22:19] commission and the council will
[1:22:20] consider the the extent to.
[1:22:22] >> which. The application meets
[1:22:23] the following and then it's got
[1:22:24] five bullets that I won't read
[1:22:26] out. Um, but I think this only
[1:22:28] really meets two of those um,
[1:22:30] in that it's similar to the
[1:22:31] current uses uh, and that it
[1:22:33] doesn't inhibit a future
[1:22:35] development to be uh more
[1:22:36] intense but it doesn't really
[1:22:38] meet the purpose or the goals
[1:22:40] of the tod. Right. That's to be
[1:22:42] a walkable mixed use space and
[1:22:43] this is a very small thing. So
[1:22:44] that's why I still think this
[1:22:45] is a great idea. I'm still in
[1:22:47] support of this. Uh, but I will
[1:22:49] make that statement of how this
[1:22:50] doesn't necessarily meet those
[1:22:51] five goals at least that are
[1:22:54] listed out in the memo. Uh, but
[1:22:56] that's it. Thank you guys so
[1:22:57] much. Thank you.
[1:23:00] >> I forgot to ask do we have
[1:23:02] any other any cards or
[1:23:04] anything. People I was the only
[1:23:05] one anybody else who would like
[1:23:09] to speak on this item? All
[1:23:12] right. Seeing nobody else to
[1:23:14] come forward, we will, uh,
[1:23:16] close the public hearing and,
[1:23:19] uh, now, commissioners, before
[1:23:22] I ask for a motion, do you have
[1:23:22] any clarifying questions or
[1:23:23] requests for. Additional
[1:23:26] information? All right. Now
[1:23:27] we'll call for a motion on item
[1:23:33] c two. I move that we approve
[1:23:42] cc 26 0173. Is uh with the uh
[1:23:46] addition of or the exception of
[1:23:48] 1200ft instead of a thousand.
[1:23:53] I'll second. All right. We got
[1:23:54] a motion from cheryl, a second
[1:23:58] from mike. Uh.
[1:24:00] >> actually I had.
[1:24:01] >> a question about like maybe
[1:24:03] a friendly amendment to the
[1:24:06] motion to kind of, uh, limit
[1:24:09] the retail kind of activity,
[1:24:11] um, and keep it more of as a
[1:24:13] manufacturing use and if any of
[1:24:15] that changes, they'd have to
[1:24:18] come back. All right, let me uh
[1:24:20] we I know we had a meeting
[1:24:21] about. Robert's rules of. Order
[1:24:23] once, so so she's motion we've
[1:24:25] got a motion and now we have an
[1:24:28] a proposed amendment. So when
[1:24:28] do I do which.
[1:24:30] >> on that. Even do that? Yeah.
[1:24:32] >> when when can we uh yeah.
[1:24:34] >> the motion has been made and
[1:24:35] seconded. Um.
[1:24:37] >> the friendly amendment can
[1:24:38] be offered in the. Person that
[1:24:38] made the.
[1:24:39] >> motion. And can accept that
[1:24:40] amendment and.
[1:24:41] >> uh, the person that second
[1:24:43] and can agree with that. Um and
[1:24:45] just my. Understanding of it um
[1:24:45] and.
[1:24:47] >> if they don't agree with
[1:24:48] that then the amendment can be
[1:24:48] added to the.
[1:24:49] >> motion..
[1:24:50] >> but if they agree with the
[1:24:51] amendment and then then it can
[1:24:53] be. Added to the motion. And I
[1:24:54] think during discussion you can
[1:24:56] like add and then we have to
[1:24:58] vote on vote on those things
[1:25:00] and then. Not I don't. Think
[1:25:01] you have to vote on the.
[1:25:02] Amendment but if it's a
[1:25:03] friendly amendment the.
[1:25:03] Amendment yeah.
[1:25:06] >> but I have a question though
[1:25:08] you said like for instance with
[1:25:09] the zoning the tabc took over.
[1:25:13] Can we even control that like
[1:25:14] restricting where there's not
[1:25:18] retail? Because that's what
[1:25:20] you're asking right? Yeah. So
[1:25:22] can we say only manufacturing
[1:25:24] and not retail because if we
[1:25:26] can't do that for zoning
[1:25:33] there's no sense in.
[1:25:38] Uh winery
[1:25:41] permit under. Tabc allows the
[1:25:42] holder of the permit to
[1:25:44] manufacture bottle label and
[1:25:46] package. Wine containing not
[1:25:48] more than 20%. Alcohol by
[1:25:50] volume. Uh. Manufacture fruit
[1:25:53] brandy, sell. Wine to ultimate
[1:25:55] customers. Um for consumption
[1:25:57] on the premises or if and
[1:25:59] broken packages off premises.
[1:26:01] Um sell the wine outside the
[1:26:03] state blend wines. Dispense
[1:26:05] free wine for consumption on
[1:26:07] the premises. Um purchase and
[1:26:09] import folders. Um purchase.
[1:26:10] >> and import wine from the
[1:26:12] holder of a nonresidential
[1:26:13] seller's permit. That's a
[1:26:15] different thing. Um, and.
[1:26:17] >> they MAY conduct samplings
[1:26:19] and tasting at a retailers
[1:26:22] business. And sell wine to
[1:26:24] ultimate consumers for
[1:26:25] consumption on or off the
[1:26:26] premises and dispense free wine
[1:26:27] for consumption. Off and.
[1:26:28] >> on the premises. Um.
[1:26:30] >> so there are some allowances
[1:26:31] it looks like at least on that
[1:26:33] brief reading of the. Permit
[1:26:34] requirements and or tbc that
[1:26:36] they are allowed under that uh
[1:26:38] under that permit to be able to
[1:26:40] sell. Um that. To customers on
[1:26:43] the premises. So you could go
[1:26:44] in and buy.
[1:26:45] >> a bottle at the. Site under
[1:26:47] that permit. Okay.
[1:26:48] >> so we can't I mean there's
[1:26:50] no point in doing the amendment
[1:26:53] because we can't enforce that.
[1:26:53] Um.
[1:26:55] >> I don't know if adding a
[1:26:56] restriction that prohibits
[1:26:57] retail sales on the site would
[1:26:58] be anything that we'd be able
[1:26:59] to. Enforce.
[1:27:00] >> uh, since that would be
[1:27:02] permitted by the. Permit, you
[1:27:03] MAY have. Something you want
[1:27:04] to.
[1:27:09] >> add to that to. I was just
[1:27:10] going to remind everybody that
[1:27:11] this isn't like final action on
[1:27:12] this item. It still has to go
[1:27:13] before the city council. And so
[1:27:14] I think we have a couple of
[1:27:15] avenues if there's something
[1:27:16] that you recommend as part of
[1:27:17] your motion that we determine
[1:27:18] uh through kind of legal
[1:27:20] counsel or for whatever reason
[1:27:22] that is not appropriate, we can
[1:27:23] make that uh, disclaimer to the
[1:27:24] city council kind of give them
[1:27:27] that advice. Uh, additionally,
[1:27:28] if you wanted to make a motion
[1:27:29] without that we can certainly
[1:27:30] share that feedback with the
[1:27:32] city council to ask if they
[1:27:33] would like to include it in
[1:27:34] their motion, um, assuming that
[1:27:37] it's appropriate to do so. So I
[1:27:38] just wanted to kind of remind
[1:27:39] you we still have another
[1:27:40] meeting and an opportunity to
[1:27:41] kind of where this. Is only.
[1:27:43] >> a recommendation. Council
[1:27:44] will. Approve or.
[1:27:46] >> if you made a recommendation
[1:27:47] and there was something that we
[1:27:48] felt like was going to be a
[1:27:49] problem from a legal standpoint
[1:27:51] or was going to maybe the
[1:27:52] applicant has some time to
[1:27:53] think about it that it might
[1:27:54] impact their business in some
[1:27:56] manner. We could certainly kind
[1:27:57] of bring that up with the city
[1:27:58] council at the meeting in a
[1:28:02] couple of weeks. So I hear you
[1:28:03] saying you don't want to amend
[1:28:05] your motion. I guess. I'm just
[1:28:08] confused if we so are you
[1:28:09] saying we should do it even
[1:28:11] though the pbc would say are
[1:28:14] you saying pass it as it is and
[1:28:16] you talked to legal and I
[1:28:17] think. She's because they
[1:28:18] there's a couple they don't
[1:28:21] tell us what to motion I guess
[1:28:22] but she's saying if we want to
[1:28:26] we can but if if uh the legal
[1:28:27] opinion is that that doesn't
[1:28:29] really fly or council decides
[1:28:31] they don't want to they can
[1:28:31] they can always change it
[1:28:33] whenever they. Okay I just
[1:28:35] withdraw my amendment because
[1:28:36] it's getting too confusing and
[1:28:38] I don't have an issue. I was
[1:28:40] only trying to address the
[1:28:43] neighbors concerns about it and
[1:28:46] that was my. Attempt at kind of
[1:28:47] addressing that. And I don't
[1:28:49] have an issue with the use of
[1:28:50] they want to do that and it's
[1:28:52] after hours. There's a plenty
[1:28:53] of parking that's not a big
[1:28:56] issue but so I'm just going to
[1:29:01] withdraw. So we have a motion
[1:29:04] from cheryl a second from mike
[1:29:06] I was as susie was about two
[1:29:08] seconds so got into discussion.
[1:29:11] So now any discussion. All
[1:29:14] right thank you. First of all
[1:29:16] I'm just saying this because
[1:29:17] I've been trying to process
[1:29:19] this whole thing. Okay what.
[1:29:22] The meter. Is not it is not a
[1:29:24] taproom. It is not a wine bar.
[1:29:25] It's not a place where people
[1:29:26] are going to be going and
[1:29:28] having a party, okay? It's
[1:29:30] going to be a place where this
[1:29:31] gentleman who lives in our
[1:29:33] community wants to manufacture
[1:29:35] some meat meadery wine made
[1:29:39] with honey using. Local people
[1:29:41] in our community to buy his
[1:29:43] herbs and his honey. I mean
[1:29:45] what a great culture that.
[1:29:49] Promotes holy cow I love it. It
[1:29:50] is not it. We have to
[1:29:51] understand the difference
[1:29:53] between a wine bar and a
[1:29:55] tasting. A tasting less than a
[1:29:57] half an ounce is to see if you
[1:29:58] like it and want to buy it by
[1:30:01] the bottle. He's not selling by
[1:30:04] the glass. I think that's the
[1:30:05] hang up here. Okay, that's my
[1:30:07] opinion. I like the idea that
[1:30:10] it is local using local um it
[1:30:11] does bring a sense of culture
[1:30:14] that you know yes. It's not
[1:30:16] walkability as far as a tod but
[1:30:18] me and this is a start this.
[1:30:19] >> is a.
[1:30:21] >> this is a huge start. It's a
[1:30:23] small place 1200 square feet
[1:30:26] with 600ft. We have to think
[1:30:27] realistically what this looks
[1:30:29] like. It's it's not it's at the
[1:30:32] end of the building. It's
[1:30:34] there. It's not going to be a
[1:30:35] place that hundreds of people
[1:30:37] are going to be coming to on a
[1:30:38] daily basis. That's not his
[1:30:40] intent. He explained his intent
[1:30:42] what he wants to do, he wants
[1:30:44] to make some mean and give it
[1:30:47] to some people. Not a lot of
[1:30:50] people, some people. So I think
[1:30:51] we need to be realistic and
[1:30:54] thinking about that. Um and
[1:30:56] then um. If he was wanting to
[1:30:58] have some kind of big retail he
[1:30:59] would have chosen a different
[1:31:01] location. He wants to
[1:31:03] manufacture it there. So I
[1:31:05] think it's wonderful. Thank
[1:31:11] you. You know, we might.
[1:31:12] >> have some. People watching
[1:31:15] for the next vote but uh. My
[1:31:16] only problem I know. We talked
[1:31:17] about restrictions and I was.
[1:31:18] >> off the table.
[1:31:19] >> my only problem.
[1:31:20] >> with restrictions is. Uh.
[1:31:24] >> it could handicap. You if,
[1:31:25] uh, in a way that if somebody.
[1:31:26] Comes in and says hey, I'm
[1:31:28] about to go to a wedding. Uh, I
[1:31:29] want to I.
[1:31:30] >> want to buy four bottles of
[1:31:31] this, but I want to taste it
[1:31:32] first. Um, you know, those are
[1:31:33] the unintended consequences we
[1:31:35] don't want to put anybody in.
[1:31:36] Uh, so I thought the
[1:31:37] presentation was great. Uh.
[1:31:39] >> I think a business plan is
[1:31:41] great. So. Uh, that was that.
[1:31:42] >> was my only concern with
[1:31:43] the.
[1:31:46] >> uh. With, uh. Adding some
[1:31:47] restrictions on there. I just
[1:31:48] don't want put you in a
[1:31:49] position where it might cause
[1:31:56] some some problems.
[1:31:57] Yeah.
[1:32:00] >> I, uh I mean. Uh.
[1:32:03] >> similar as far as on the
[1:32:07] motion the the uh I get where
[1:32:09] you're coming from and I think
[1:32:11] it was worth looking at. Um,
[1:32:13] but also do you think there's
[1:32:14] going to be some difficulty
[1:32:16] with enforceability and then
[1:32:19] also I think any time we we do
[1:32:20] things we always want to make
[1:32:21] sure of the unintended
[1:32:24] consequences. Um, when we got
[1:32:26] the packet last week I mean I
[1:32:28] had a lot of similar concerns
[1:32:30] to what was expressed in those
[1:32:31] emails as far as kind of not
[1:32:32] knowing exactly what was
[1:32:35] involved. Um, with the whole
[1:32:37] uh, playing here um, the
[1:32:39] distance from the school I
[1:32:41] didn't even think about the um
[1:32:42] the convenience stores actually
[1:32:45] being, you know, half as close
[1:32:47] uh, and then and then kind of
[1:32:49] hearing the nature of it um, in
[1:32:52] terms of uh that this is not
[1:32:55] necessarily a retail uh,
[1:32:57] establishment. Um, does does it
[1:32:59] seem to change it? Did you seem
[1:33:00] like a guy that just really
[1:33:03] likes me and uh, like uh, as
[1:33:06] this is developing um, I mean,
[1:33:08] you almost were saying it's not
[1:33:09] as much of a financial ambition
[1:33:11] even is just you're going to
[1:33:13] kind of see this thing, you
[1:33:14] know, see what you can do with
[1:33:18] it. And uh, and so I think as
[1:33:19] far as this user uh, there's
[1:33:21] that and I think the way this
[1:33:22] is structured from what we were
[1:33:23] talking about in the work
[1:33:24] session as far.
[1:33:26] >> as. Um it's not something
[1:33:28] where. Uh somebody else could
[1:33:30] come in under this development
[1:33:32] plan and and then change it
[1:33:35] into a wine bar or um,
[1:33:36] something that that's more
[1:33:37] like, uh what would be
[1:33:38] detrimental to that
[1:33:41] neighborhood but um so I do
[1:33:42] feel a lot better about it now
[1:33:46] but um, I don't see any other
[1:33:48] lights but we'll we'll do one
[1:33:50] more ask if there's any
[1:33:53] comments or discussion. All
[1:33:55] right so I will call for the
[1:34:01] vote.
[1:34:02] Yeah.
[1:34:13] >> well well. I. All right and
[1:34:15] the recommendation for approval
[1:34:17] with conditions regarding the
[1:34:20] square footage um passes and
[1:34:22] that will go to council on
[1:34:25] SEPTEMBER 14th. Um with that
[1:34:27] this concludes tonight's agenda
[1:34:28] and there being no other
[1:34:36] business we are adjourned.