[2:06] Good evening.

[2:09] It is 6.32 PM, and I'm going to call the Thursday, September 3rd, 2026, planning and zoning work session.

[2:17] Order, a quorum of the planning and zoning commission is present, and the meeting has been posted in accordance with the Texas Open meetings act of the Texas Government Code.

[2:26] So at this time we'll have staff come forward and discuss the items on tonight's work session agenda.

[2:31] So

[2:35] before we get into the items for this evening, I have a couple of just community announcements here, just a reminder,

[2:41] Labor Day. The city hall is closed on Monday. There are a couple of adjustments for a transfer of cycling days.

[2:48] Other facilities, though listed on the screen there, in our H2O, in our H3O, in our H3O, in our H3O, in the our schools,

[2:53] of course, will be open, of course, look at the website for holiday hours.

[2:59] Also coming up, we have next week, the September 11th,

[3:03] with ceremony that we have here every year at City Hall.

[3:07] You saw driving in probably the flags that were placed out on the lawn.

[3:12] That is scheduled to begin at 9.11 a.m.

[3:14] I would arrive earlier than that to get a seat if you would like to attend.

[3:18] It's just a really nice service that are afraid of permanent police department put on here.

[3:26] The following week, a Monday, we have this, Clayton tells me it's pronounced voice saggy.

[3:32] On some sort of ensemble.

[3:33] And I think it could be correct, sorry if it's not celebrating culture series probably should

[3:38] attend and maybe learn a bit more about it.

[3:40] I might be able to learn how it is actually pronounced, but that's kind of the cool thing

[3:44] that we do with these different celebrating culture series.

[3:47] We get exposed to things that we're not using every day and that's also a free event that

[3:51] Monday at 6 p.m. at the library.

[3:56] The heart of NIH community awards is a new program that was announced as part of part of the

[4:04] council in the last meeting. This is kind of taking the place of what was the typical business

[4:11] appreciation lunch. We're still going to have that lunch and give some recognition to the

[4:15] businesses, but also kind of expand at this year out into a more community-wide words

[4:21] recognition, lunch and so there are different categories where nominations will be accepted for

[4:28] the rest about almost the rest of this month through the 25th for those categories that you see on the

[4:32] screen there, a citizen of the year of all interior of the year board commission member of the year

[4:38] and a business of the year and so those nominations will come in, there will be, if it hasn't

[4:44] been already formed, a selection committee that will kind of look through those and those awards

[4:48] will be given out at that event. So we had some requests from Council to find different ways to

[4:54] recognize people and this is one of the things that was proposed and they accepted and discussed

[4:58] and they're the last...

[5:00] So, it'll be a fun change this year to kind of expand it out beyond the traditional businesses.

[5:08] And just a couple other things. Then kind of hit or miss on whether it give you an update at the meeting on previous action taken by the city council and items that came before you.

[5:18] So just to kind of keep you on the loop for those of you that haven't followed or watched those city council meetings.

[5:24] The Smithville Terrace Plan Development, which was the residential housing project proposed by

[5:28] Sandland, which was a Smithfield and he was approved by the City Council.

[5:36] The small sliders, SUP, that came before you, also was approved by the City Council.

[5:40] And at that same meeting, the Accessory Structural and Shady Group that you had seen kind

[5:43] of all together in that packet of items was also approved by the City Council.

[5:48] And then just for reference at the last meeting here in the work session, I talked about

[5:51] tax revision that we're working on to bring back to you. Obviously that's on your agenda this

[5:55] evening. It is slated for September the 17th though and that was just for those I think you

[6:00] will maybe all are here but just as a tax revision to try to do a little bit of cleanup to bring

[6:04] the city's code in line with the state law. Building materials references, home occupations

[6:10] rules that have shifted over the last couple of sessions so it's really just a post legislative

[6:15] session cleanup and then going forward we'll have one of those each year after a legislative session

[6:19] to do any cleanup kind of more timely than letting it light out a little bit.

[6:24] So that is all I have this evening, let's see if we have any questions on any of those.

[6:31] Did they change that application, the sign line, I mean, the, the field, the test?

[6:36] There weren't any changes in the approved packet that was approved by Council from what was

[6:40] proposed here.

[6:44] I'm trying to over to play.

[6:51] What's soggy?

[6:55] Are we a lot of samurai novels that ever seen that words?

[6:58] All right, so tonight there's two zoning cases on the agenda.

[7:02] Sorry, I have allergies, so bear with me on that one.

[7:07] First zoning application is for agricultural R1, single family.

[7:11] This is on Mercy Road, 7412.

[7:13] It's almost two acres of property, so it's on the south side of the road

[7:18] between Douglas Lane and Hunter Lane in that area there,

[7:23] just west of East of Valley Drive.

[7:26] So this is a property.

[7:27] There was a house on there.

[7:28] The house has been removed from the site.

[7:30] All that's been demolished.

[7:32] This currently is owned agricultural in order for them

[7:35] to be able to plat the property to construct a new house.

[7:40] The zoning changes required for that.

[7:42] Because the Ag District is primarily just a holding pattern,

[7:44] holding zone until time comes that the more appropriate development might show up.

[7:49] We see this from time to time with some of the older ag properties being rezoned to

[7:53] a lot of them to residential, some to others, but that's there just to hold it in place until

[7:58] something more solid comes along.

[8:01] So what's proposed here is just to rezoned this from Ag to R1, which is what the lots mostly

[8:06] on the south side of Bursey Roaders Zone, all of London areas owned R1 as well.

[8:10] So, this will allow them to plot the property and be able to construct the house on the site.

[8:16] So, it's currently vacant, but they didn't have to demolish the house in the pool,

[8:20] so they're planning for new construction here sometime later this year.

[8:26] And this will be on September 14th, City Council meeting. Any questions on that?

[8:29] It's on the case.

[8:35] Second one.

[8:36] This is a special development plan.

[8:37] This is related to property on Northeast Parkway.

[8:40] So, this is a 8.3 acre lot.

[8:42] But the site itself is just a 1,000 square foot lease area within one of the buildings.

[8:48] This is for a proposed winery.

[8:50] Technically it's a metery, but under state alcoholic beverage code, metery,

[8:54] meet and wine are basically considered the same thing.

[8:56] The same fermented type of alcohol, so that they fall into the winery permit,

[9:01] which is what they've requested from the alcoholic beverage commission.

[9:05] So this use is not technically listed in the, in the zoning ordinance there,

[9:09] The special development plans vehicle that we've used in the past for consideration of those things on a case by case basis, so that's what's being proposed here for this zoning application.

[9:19] So the whole property is this older industrial portion on the south side of Northeast Parkway, just their east of Davis Boulevard.

[9:28] This is developed back in the 1980s.

[9:31] long before the TOD existed, it was owned industrial for quite some time.

[9:35] When the TOD district was all created, this property was resounded

[9:38] into that. So a lot of these buildings, a lot of those uses,

[9:41] were just continuations of some conforming, some non-conforming over time,

[9:46] but the property itself is not changed much.

[9:48] It's still the four buildings, there's actually one little building

[9:52] site left over and then a larger building

[9:55] the houses and irrigation company there on the far east side of that.

[9:57] So the

[10:00] The billing before the proposed user is locating is 82-4, so that's this building here. Each building has its own address, but this is 82-4 in the locating, wishing to locate in the suite down the southern end of that building adjacent to this property here.

[10:17] If you're driven down northeast Parkway, this is looking back what actually I think that is actually east.

[10:25] So as you're pulling off the Davis Boulevard, looking back that direction, bills are smithed a little left, all this industrial park on the right, that's actually east, not west one apologies.

[10:36] This is looking which you turn into the property to where this 82 of four building is.

[10:40] Now on the south end of that is the least space for this site in a sweet 124.

[10:45] It's about a thousand square feet a little bit less than that.

[10:50] And then if you turn around and look back up towards Northeastern Parkway that's what the area looks like.

[10:54] This is very indicative of that whole development in that area there.

[11:00] And that's south.

[11:01] So this is in the urban village area.

[11:04] This is also in the TOD.

[11:05] Those two areas pretty much align together.

[11:08] This is kind of the very northern portion of that area.

[11:11] This is in the general...

[11:14] ...go forward a little bit.

[11:16] General mixed use character zone.

[11:17] So if you look at the entire 200-plus acre

[11:20] Smithfield TOD area, that's what this regulating plan generally shows.

[11:24] Most of the area on the east side of Davis is in this general mixed use character zone.

[11:29] So this is a lot of older industrial, a lot of office residential in this area that's been developed

[11:35] in the past, some currently underdeveloped here on the southern portion of that.

[11:39] This is intended for a very wide range of uses, a retail office, residential,

[11:43] it even acknowledges some industrial uses there, too.

[11:46] A lot of those are existing uses in the area.

[11:49] The smurf at cap of facility, this area here on Northeast Parkway.

[11:53] A lot of the area right here run the railroad track is a lot of older industrial sites as well.

[11:58] And there's some newer development.

[12:00] The here south of the tracks, you've seen Keyworth Brewing.

[12:03] You've seen a new parking lot in a construction, and there'll be some new development there on that property.

[12:08] So it's a very wide mix of uses on that side of Davis Boulevard within this 2D area.

[12:15] And it does extend all the way down and mid cities Boulevard to holiday lane.

[12:19] So there's quite a bit of mix in that area.

[12:22] It's a very large district, and this is all one consolidated zoning category now when that was rezoned in 2013.

[12:30] I was backing up just to hear for this to add this put to use.

[12:34] This is the building itself, 24,000 square feet.

[12:37] This is about a thousand square feet.

[12:39] At least area tucked away in that corner of the building.

[12:41] They do have a small.

[12:42] They do have a presentation to get tonight to kind of explain the scope and the operation of

[12:46] this small.

[12:48] I'm going to call this small batch metery for black and the better description.

[12:52] They'll go through what their process is and talk about what they're trying to do with

[12:56] this particular site.

[12:57] But this is the classification that it would fall under.

[13:03] But I think there might be some misunderstanding as to the scope of the project.

[13:07] We've received a bunch of letters in regards to this.

[13:09] We provided that by email today and then gave you a handout there.

[13:12] Just so you can kind of see what those comments are in opposition to this.

[13:15] Mostly in opposition to it.

[13:18] I think there might have been some misunderstanding with the scale is because when we send out

[13:21] Notifications for zoning cases like this were obligated to use the property boundaries for that.

[13:27] So that's what we use for this case.

[13:29] So we use an entire eight-acre track to notify everyone within 200 feet.

[13:33] So this blue line is the buffer area.

[13:35] Everybody within that touches that, we send out a notice to you.

[13:40] Even though the only effected area is this small green box right there.

[13:43] So that makes it look bigger on the map that it actually is.

[13:46] So I think there might be some misunderstanding about what the scope of that is.

[13:49] But if there's questions that come up tonight, we can tackle those as well.

[13:52] But we wanted to include this just to be able to explain that ahead of time.

[13:55] In case those questions came up.

[13:59] Also, some questions about census alcohol related.

[14:03] There are some other standards in the zoning code, but in the other parts of the city code,

[14:07] related to alcohol and beverage sales and relationships to schools, churches and public hospitals.

[14:14] So if you're looking at the distances between properties that might sell alcohol and properties that are used for public schools,

[14:23] There's a minimum requirement that those be set apart by at least 300 feet, and that's a property line to property line measurement from the closest 2 points.

[14:32] So the lot where this property is located here, the property we're Smithfield Elementary School is over on the other side of Northeast Parkway.

[14:39] That's a little over 560 square feet, just as the crow flies between those 2 points.

[14:44] So it well exceeds that 300 foot requirement.

[14:47] If there were churches or churches, public hospitals, daycare centers, there'd be a different measurement for that 300 feet, it's a door to door measurement, not a proper line of problems.

[15:01] So, for instance, there were a church property in a school property. We would measure from door to door, and that would be well over 1,500 feet between those two properties, just from a walking distance standpoint.

[15:11] So, I just wanted to make have that available when those questions come up. This site does satisfy that requirement for being 300 feet away. That's a city requirement and also a state requirement.

[15:23] And they just for reference purposes. These are the other existing alcohol permits that are located in this area. These are mostly three convenient stores.

[15:30] you know, the two gas stations there at the corner of Northeast Parkway, Davis Boulevard.

[15:35] There is the break time center, there at Main Street and Smithfield Road.

[15:40] And then back to Forty Barbecue has an express permit for their beer and wine operation.

[15:48] So that's some of that one.

[15:49] If there's questions, we'll be happy to answer those two.

[15:54] Because it's been re-songed for retail and restaurants.

[15:59] What about the parking?

[16:01] Because each of those buildings doesn't look like that it has very much parking.

[16:05] For this eight-acre site, yeah, I mean, most of this is a industrial type of operation.

[16:13] The parking for these types of uses that are there, the parking requirements are not

[16:17] very high and are anticipated probably a number of trips that might be generated for these

[16:24] types of uses, industrial type of uses or industrial type of businesses, properties.

[16:30] Generally, run in the range of three to six trips per day per 1,000 square feet.

[16:36] So, if this were just a typical industrial manufacturing type of operation, which it kind

[16:41] of is a little bit, at the most you'd probably see between three and six trips per day

[16:47] to this one particular business, that's pretty common for this style of development and

[16:54] tenant mix that you'd see in this area.

[16:55] So

[17:03] even though they're going to have a casting room and it's more sort of like that craft brewery that's down the road a little bit.

[17:12] Yeah, I would.

[17:13] It's not going to change the parking area.

[17:14] No, I would not compare from our understanding of what this operation is, is not the same as what you might see for key worth brewing or false idle.

[17:24] They're on Maplewood and 26.

[17:27] This is primarily a manufacturing operation for them to ferment the meat, bottle it, package it, sell it, distribute it.

[17:37] The permit that they're getting for a winery does allow for tasting.

[17:41] But generally they're not indicated any desire for actually creating open to the public tasting room, like you would for a tap room or a wine bar or anything like that.

[17:53] The permit allows them to do that, the state permit allows them to have people come in and if they want to taste up, they can offer that to them.

[18:00] But it's not a place that you could go sit, sit down, buy a drink, and then hang out for a while and then leave is not that kind of operation and the permit would not allow for that.

[18:10] And that's a good question to ask the applicant tonight to kind of explain that, but that's the basic permit they're getting from the alcoholic beverage commission has those restrictions on it.

[18:20] So if they're not doing that now, but their TABC permit allows it, can they come back later and decide to do that without coming back?

[18:30] They're permit would allow for that, yes.

[18:33] This is only just a thousand square foot space.

[18:36] 600 plus of that will probably be taken up by equipment for actually doing the fermentation in the pipe and the packaging.

[18:44] So there's not a lot of room left really for any sort of social gathering area, or drinking

[18:49] established for top operation, because that's really not what the focus of the uses.

[18:54] If it turned into something else, we have to look at it differently, and that could require

[18:57] some additional sort of the people's.

[19:00] Yeah, it would have essentially turned into a wine bar at that point, which is not what the

[19:04] not what the scope of the operation is.

[19:06] And that used requires an SUP, so it couldn't just come in for a permit to become a wine bar

[19:11] without some sort of specific approval for that.

[19:13] It would go through that kind of the same exact process again.

[19:17] Yeah, they changed their scope that could be very possible.

[19:23] Can I talk about the, for just a minute, the parking, because, you know,

[19:26] Sure, after reading all these things, this one.

[19:30] So each one of the businesses there have probably what, about three spots in front of their place.

[19:36] More or less. Yeah.

[19:37] So, and then, and there's, and so there's not going to be a lot of cars.

[19:42] And we're not creating more space, the space is already there as it is and it's not changing the number of parking spaces that are needed.

[19:53] There's no place to go to create more parking spaces.

[19:57] I'm making sense.

[19:58] No, no, no, don't understand that.

[20:00] Yeah, I mean, it's an existing property that, let me back up to a little bit larger area map here.

[20:04] So the intent is not to have a whole lot of people there because there's not the space for it.

[20:09] Right, there's not the space and the operation that's being done is not a retail type operation or destination operation.

[20:17] Many of the businesses that are in here, I think that you would ask what businesses are in this kind of, in this property.

[20:24] A lot of them are mostly industrial commercial type businesses.

[20:29] There's a moving place, smurf in a camp, a has an operation there for some of their overflow

[20:33] stuff.

[20:35] There's a places that do window-tinting.

[20:38] There's a commercial, driver's license school and one of the places that have a hot tub

[20:44] sales and service place, a swim pool service store or service operation.

[20:50] A lot of these are more contractor type things that are located in this facility because

[20:53] more geared towards that type of business and not really geared towards more of a retail

[20:58] type operation. So, but is this property where to completely redevelop at some point in the future

[21:02] and it's something else, then there's certainly a good time to discuss, you know, exactly how

[21:07] that would look, but there's not been any indication by the property owner to pursue that anytime

[21:13] in the near future. So, what's here now is probably going to be a little bit longer for sure.

[21:19] And what we're looking at is a special development plan, not an SUP, can you tell

[21:25] it technically yes, what tell me the difference in those I guess.

[21:30] We about jump in.

[21:31] I was just going to share my conversation, Brad.

[21:33] Yeah, go ahead, yes.

[21:34] So I'm talking to the city attorney about this project.

[21:37] I'm like Clayton mentioned this kind of a tool that we've used some similar case in

[21:40] the past.

[21:41] One of the more recent examples was the, it was a motorcycle sales application use in the

[21:47] that it was withdrawn, so you actually didn't consider that case, but it was one that we

[21:51] kind of cross this through in the same manner. We used a special development plan. A little

[21:55] bit different in that that we used was actually listed as not permitted. This use is just

[21:58] not listed at all. So we have a question come up today about an SUP versus an STP and so in

[22:05] talking with city attorney about kind of the decision to go this route or if you have any concerns

[22:09] with this route versus an SUP indicated kind of that in order to move forward with an SUP,

[22:16] just like in a normal traditional zoning it has to be listed in the table of uses and it has

[22:20] to be listed as permitted by SUP. So we have, you know, in our normal table of uses we have permitted

[22:25] or we have permitted by SUP or the blanks are not permitted. And so similarly here we have uses in

[22:32] the table that are listed as approved only by an or allowed only by SUP. We have a lot of other

[22:37] categories and TOD is a little bit different than the normal one,

[22:39] permitted conditions and various categories.

[22:44] But some of them are permitted by SUP only.

[22:47] This use, I think there are a couple of routes

[22:49] that we could go.

[22:50] One would be that we could consider a texture

[22:52] vision to add that use into the table.

[22:55] And then at that time determine which zoning districts

[22:58] this type of use might be permitted, either not permitted

[23:01] or permitted, or permitted conditions,

[23:03] are permitted by a U.P. or STP or whatever kind of categorization we want to get to each district

[23:09] or each one of the character zones rather.

[23:13] And then the next step would be the applicant could then if it were determined that was

[23:16] something that was allowed by S U.P. and that zone they could apply for the S U.P.

[23:21] This kind of combines those into one step.

[23:23] Our conversation was kind of like this really aligns almost with a P.B. in that it's kind

[23:29] a creative tool in the text that I don't have in front of me, but it kind of talks about

[23:35] in the text related to special development plans and the TOD zoning section about how this

[23:40] is allowed.

[23:41] This is kind of the goal of this is to get some flexibility.

[23:44] There are some things to consider, which are Clayton outlined in the memo, to kind of consider

[23:49] when the council is making that decision, on whether they want to approve it as an SCP or

[23:53] not, but I think the goal is really just to make sure it's kind of within the spirit of

[23:57] the TOD in general as a meeting the goals of the zone and I really wanted to read that

[24:05] to you hang on here. So it says that they are, the special development plans are intended

[24:11] to allow applicants development flexibility to address specific market opportunities and

[24:15] or contacts. And so, I mean, about this, this location, the specific building, the specific

[24:21] I think it fits in pretty well within that surrounding properties and we felt like it was an appropriate avenue to let them move forward with this special development plan, which was really a one step process to come through PNZ and city council rather than two different steps.

[24:39] I would say ultimately though, it's the same process in terms of notice hearings and consideration and action.

[24:45] So go through PNC and City Council the same way as only change for an SUP or any other kind of similar process.

[24:53] So it's really just a kind of a little bit simpler set that we've wrapped up into this one step.

[25:00] So no, and I know one of the things you hear a lot on P&Z training types, all right, is like, use is not users, you know, and that's, especially comes in on the SUP, where once you've approved it, you know, the next, the next person can have that, the next user can have the same permit, is that the similar kind of effect with the SDP.

[25:26] I would say yes, it is.

[25:28] The way we've typically done that in the past,

[25:31] that was not required, is we put a expiration clause

[25:35] in the standards that says pretty much after three years,

[25:40] the approval expires, but the use can't continue

[25:43] if it lasts longer than three years.

[25:46] But after that three year period

[25:47] it just becomes a non-conforming use,

[25:49] just like any other use might.

[25:51] And so if they were to after five years,

[25:54] say they got grew this space, need to move on somewhere else, or decided not to do it anymore.

[26:00] There'd be like a six-month window to where someone could come in and do the same thing.

[26:04] To do the same thing here would mean doing the same thing, you know,

[26:09] permitting me and bottling and doing it in the same space.

[26:12] So it wouldn't, that would not translate over into something outside of that scope,

[26:16] to where a tap room or a wine bar or something else could hack onto that and move in in its place.

[26:21] We basically essentially have to be the same type of use literally to qualify for that.

[26:27] So, and if it doesn't happen in six months, and that approval just goes away and everything

[26:30] expires, and if someone wants to come do something similar, different, they just go back through the process again.

[26:36] So, we do that with a lot of the special use permits, all the winged drone permits.

[26:40] A lot of the special use is for any kind of a vape shop, so I'll have to repair anything like that.

[26:45] I'll have that category to have that condition attached to it.

[26:50] The correct me if I'm wrong here, 400 square foot of available space outside of the equipment.

[27:00] The fire marshals are going to severely limit the number of people you could have in

[27:03] their life, right?

[27:05] I imagine that would be very much the case, yes, in a place this small, this primarily being

[27:10] manufacturing, a little bit of office space is probably about all this left for that.

[27:16] And then if they were open and operating and you knew the owner and wanted to get a tour and

[27:21] have a look at what's going on and the offer to you a free sample, that's pretty much

[27:24] how the wine tasting kind of works.

[27:26] The permit allows them to do that.

[27:29] The alcoholic beverage permit allows them to, that's what I was looking up a minute ago.

[27:34] Does not require them to charge a fee for it.

[27:36] They can do offer it for free, but it doesn't have a, it's not a place to where you could

[27:41] go and sit down and hang out.

[27:42] It's not, the permit doesn't really address that.

[27:46] It was different than what's on tap or different than false idle

[27:51] Like you might not know the answer. There's just a rough estimate the distance door to door from that to the first house up there

[27:59] Oh, we could probably figure that out. I'll then I don't want to switch number on it

[28:03] Do what I want to quick number on it. Okay. If you also do that convenience store up top if you're getting out

[28:09] This and right that one right there door to door to that first house right there to sure

[28:13] I can tell you from the school that this property here is a little bit over 300 feet.

[28:20] Proper on the proper line. This one's just slightly under 200 feet from proper line of proper line.

[28:26] We'll check those door distances for you.

[28:30] What's the city's process for unclassified users in the rest of the zoning ordinance?

[28:37] because it may make sense to kind of look at making sure

[28:41] that some way that the director can have some interpretation.

[28:47] And then if there is a question that sometimes

[28:49] is brought to PNZ or console, so that would be,

[28:54] because not all uses will most probably be listed.

[28:57] And then as you kind of look at new uses that may be coming up,

[29:01] you want to have that option.

[29:03] And if they don't want to be too tightly controlled by the code.

[29:09] We do have that process built into the zoning ordinance.

[29:12] The last one I can think of specifically, because I was thinking about it just the other day,

[29:17] it was the blood plasper centers.

[29:19] So there was a plasper center on roof snow that wanted to move in up next to the

[29:25] Eco-thrift right in that area, right there at the city's Boulevard.

[29:30] The development room committee talked about that quite a bit to see what kind of category

[29:33] that might fall under, but we determined it was completely different type of use than in the

[29:38] other options that were available.

[29:40] So they proposed as part of an application to add that use as a proposed use in the zoning

[29:47] ordinance with conditions attached to it.

[29:50] And that process to amend the zoning orders with four to city council, city council

[29:54] eventually adopted that, requires the special use permits and such.

[29:57] And then after that was approved, they came in and applied for this.

[30:01] So there's a process for us to be able to do that if we can't figure out a way that it fits into, you know, functionally or operationally any other category that's similar, then that option exists to be able to do that process. So it's almost a two step type of thing. I think the core is mentioning, to look at it that specifically.

[30:19] Yeah, my only concern with using the STP is that there is no kind of actual physical concept plan that's different or, you know, that that's trying to meet a different, I know this is an existing building and site and the STP was written and because I wrote it so I know the intent was to kind of, if there is a different physical layout of the site that still meets the intent of the DOD and this one uses existing building and sites.

[30:49] So that's my main concern that it's only for a use

[30:52] and really the better tool is to use an S2B.

[30:56] I'll tell you on the kind of interpretation I'm doing

[30:58] on the city uses and kind of all of this.

[31:00] One of our kind of bigger coming projects

[31:02] over the winter is going to be kind of a full

[31:05] revamp of our table of uses.

[31:07] The table uses and the permittities

[31:09] that my character's on will kind of go hand in hand.

[31:11] We'll look at those together.

[31:14] I think there will be probably,

[31:15] I'll just project a pretty significant decrease

[31:18] in the number of individual uses, a little bit broader categories, and some conditions

[31:22] kind of built in that lessen the number of SUPs, that's kind of the goal, but I think

[31:27] that a lot of these uses that we've seen that have come up that we've kind of used interpretations

[31:31] are kind of found what they align with more fully, so when the newer uses will try to capture

[31:38] as many of those as we can in the new updated table, which will, I'm sure will workshop multiple

[31:45] times with you all before we get to a kind of a final consensus on that to get it to council,

[31:50] but that is not something that we're ignoring. It's on the radar and we have lots of ideas

[31:54] for things that need to be fixed and we may, I just was kind of re-reading that classification

[31:59] and doing on this abuse section. We may look at maybe a slight modification just to kind

[32:04] of call out specifically what you're mentioning J on the interpretation so that not everything

[32:09] needs to come back through to P&Z for new uses if we can find a similar comparable intensity

[32:16] Well, and also now with the state law, that requires you to notify properties that you make non-conforming.

[32:23] That's bigger issue and you change some of that.

[32:26] That's going to also affect that and you want to minimize that.

[32:29] That's made life more difficult for you.

[32:32] Why not?

[32:36] So, going back one quick time to the how far is it from this space to first house?

[32:43] That's about 380 feet.

[32:44] Walking distance from there to there, plus or minus,

[32:47] from the convenience store to there is about 670 feet.

[32:56] Yeah, when you have multiple things to use, yeah.

[33:00] This doesn't seem to be a good idea.

[33:03] I know how to use Google measures.

[33:06] Let's go.

[33:07] Let's go.

[33:07] Good question.

[33:07] Thanks for asking that.

[33:08] Any other work session questions on this item?

[33:13] You got it on September 14th.

[33:15] Yeah, this is September 14th also.

[33:17] Anything else on that one?

[33:18] That's all we have.

[33:19] All right.

[33:20] Thank you all.

[33:22] We'll go to item B as the future agenda items purpose of this item is to allow the planning and zoning commission to bring forward items or issues they wish you to discuss on future work session agendas.

[33:34] Does anyone have any proposals for future items to consider?

[33:41] Seeing none, there is no other business.

[33:44] So we will begin our regular session at 7.10 PM.

[34:28] Good evening. Welcome to the North Richland Hills Planning and Zoning Commission meeting.

[34:34] It is 7-11 p.m. and I call the Thursday, September 3rd, 2026, planning and

[34:40] zoning meeting to order a quorum of the planning and zoning meeting.

[34:44] Our commission is present and the meeting has been posted in accordance to the

[34:48] Texas Open Meetings Act of the Texas Government Code. For the information of

[34:52] those attending the meeting or viewing online or on television, the planning

[34:57] and his own commission include seven regular missions.

[35:00] Members, and two alternate members appointed by the city council. The alternate members may participate in discussion about agenda items, but they only vote on the items itself if a regular member is absent.

[35:12] And I've forgot to kind of, I think we're all regular members tonight. So there we go.

[35:19] So we will not have any alternates voting tonight. At this time, I would invite you to stand and join us as my Kirby Liesis and the pledge of allegiance to the United States.

[35:29] Texas flags.

[36:01] Thank you, Mike. We'll now go to item A2. This is the public comments portion

[36:08] of our agenda. This is an opportunity for citizens to address the planning and zoning

[36:12] commission on matters which are on the agenda, but are not scheduled as a public hearing.

[36:19] Is there anyone in the audience who would like to speak on an agenda item that is not listed as

[36:23] a public hearing?

[36:26] Seeing none. I will go ahead and close the public comments portion of our agenda.

[36:33] And we will go to item B1, this is proving the minutes of the August 6, 2026, planning and zoning commission meeting.

[36:44] I move that we approve the minutes of the August 6, 26, planning and zoning commission meeting.

[36:49] Also, we've got a motion for Cheryl, second for Mike.

[36:55] Any discussion?

[36:58] Okay, so we'll have a vote.

[37:02] All right, we're moving fast on.

[37:21] And the motion passes seven to zero.

[37:26] Right, and we will go to item C1,

[37:29] and I'm going to open the public hearing for case ZC26-0172,

[37:37] and we'll have Clayton has been come and present the item just.

[37:43] Thank you, Mr. Chair, good evening commission.

[37:45] This first application tonight is a zoning change request from agricultural to R1 single family.

[37:51] This is 1.92 acres at 7412 Bersy Road.

[37:56] This property is located on the south side of Bersy Road.

[37:59] Just east of London Dairy Valley Drive intersection.

[38:04] Here on the south side of the road.

[38:07] A little bit closer view of that property.

[38:08] This almost two-acre tract of land, this back shows a house on the property

[38:12] by the house in the swimming pool that had been demolished from the site.

[38:15] So the site is currently vacant, but this shows the extent of that property there at that location.

[38:23] There's just some views of the property from Bursey Road.

[38:25] These are Google images, but relative to the recent,

[38:28] so you can see the condition of the property without the house on the site.

[38:32] And just looking back from both corners.

[38:36] And this is an area that stays native for low density residential on the land use plan.

[38:40] You can see on the right hand side, this is the zoning map there, so that green area where the property is currently zone agricultural.

[38:47] It is proposed for R1, single-family residential.

[38:51] For comparison purposes, the lots here to the east, on the south side of Percy Road.

[38:55] Those are all zone and R1 residential, as is the lendendary edition.

[39:00] The other properties here to the south and kind of to the north east of that are all zone R2.

[39:06] So the applicant is here to see being to address the commission, and then we'll follow up with additional information and recommendations following that.

[39:14] You can click here sir.

[39:16] Mr. Ricks.

[39:18] If you'll state your name and address for the record, we'll hear what you have to say.

[39:22] Greg Ricks, you own my home address.

[39:25] Here, 80802, Queen's Court, College Station, Texas.

[39:30] seven seven eight four five and then what what do we got going on in

[39:36] up so I know he gave his but you get the chance to tell you that you know I've

[39:42] got this property that's around it by a residential

[39:46] that probably is a zone residential and I want to put a house on it I don't

[39:52] raise pigs you want to put a house on it to what now I don't want to raise

[39:56] Oh, you don't want to raise it? Oh, for the Aga.

[39:59] I thought you said you did want to raise it.

[40:00] Okay, exactly. We've done chickens, but I don't know if we did pigs.

[40:06] So, see, I want to put a house there, and they say, you've got a...

[40:09] Yeah, I don't have to plant it. I brought my plans, just in case. You want my plans?

[40:15] I mean, it's up to you if you want to show us, otherwise we'll see if anybody has any questions or details you want to know.

[40:39] So this is the house shall we're gonna put down there?

[40:43] Okay.

[40:47] I wish I knew how to read one of these.

[40:50] As far as the blue prints.

[40:52] Yeah,

[40:55] that's the next one where it's written on the law.

[41:00] That's probably more of our.

[41:05] So you'll have all the appropriate setbacks and all those kind of things.

[41:13] I'm sure you had to work on.

[41:16] So looks beautiful.

[41:30] And then, commissioners, do you all have any other questions for Mr. Riggs?

[41:35] Tell me, no, once we change it, then you can't call it Aggie Land or anything like that.

[41:40] No, no, no.

[41:45] All right. Well, thank you. Hang tight. If there are any questions, we'll ask you about the Clayton.

[41:50] We'll come up and kind of talk with us a little more, and then we'll be able to get our vote on the zoning change.

[41:56] Great. Thanks.

[41:56] Thank you. I appreciate you.

[42:01] Excuse me, so just summarize 1.92 acres currently zone agricultural being proposed for our one single family.

[42:09] This is essentially, we see this a lot with older properties that are still zone agricultural that might be proposed for development.

[42:16] Oftentimes, residential development. There's a couple of things that come into play there.

[42:22] The agricultural district oddly enough doesn't permit single family residential uses.

[42:25] So it was only changes necessary in order to be able to construct a house on a property.

[42:30] And that zoning changes also were usually required because the property would need to be plated,

[42:34] which this one will as well.

[42:37] And this lot would not meet the agricultural district requirements.

[42:40] So by rezoning to R1 that allows for the plating of the property,

[42:45] would allow for the Smith of the building permit for us to review.

[42:48] And certainly the setbacks are much more generous in R1 than they are in agricultural.

[42:53] So this is a pretty common process.

[42:54] we see, but it's in a serious step often for people to be able to develop a house in the property

[43:00] is to go through these two steps. So that's what this one is. It is recommended for approval

[43:05] and following your action, City Council will see this on September 14th. So we are happy to answer

[43:10] any questions and the applicant's available if there's any more detailed questions that need to be addressed.

[43:15] And like you said, this is something that I know we see at least appear right. We'll see it

[43:20] time to time, but I know the first time I saw it, it seemed kind of funny that, you know,

[43:24] we have farm land in the middle of town or something, you know, it's, my understanding

[43:29] as, as the city kind of incorporated more areas, we left that ag, as a placeholder there

[43:36] until we figured out what the land use is going to be around it, which is, our one is what

[43:42] we've done with the surrounding area, and as they come up, then we rezone it and allow

[43:47] people to develop.

[43:47] Yeah, that's absolutely correct. When the properties get annexed into the city, when that was taking place, the default zoning that was applied was agricultural.

[43:56] And a lot of that was just to leave it in that holding pattern until, if you think back to the 1960s, when a lot of properties are annexed, nobody knew what the north part of the city would look like.

[44:05] So they didn't want to presume zoning in place of something else that lifted agricultural.

[44:10] So that way the market kind of determines what happens, development patterns establish and in this area certainly residential has become the predominant development pattern.

[44:20] So then it becomes a matter of choice on which zoning district will be appropriate for the given property.

[44:25] And that's what was chosen in this particular case.

[44:28] Okay, so this is one of those last holdovers of agricultural property on this side of the street to be resowned.

[44:34] Ultimately, you would see that North Virgin Hills does not have any agricultural

[44:36] police owned properties, because everything else would be in a district that's

[44:39] appropriate for the development on the site, but that may be long after our retire.

[44:45] So here. Any other questions for Clayton or the applicant?

[44:51] No. All right, thank you Clayton.

[44:55] The public hearing is open for cases

[44:58] ZEC-26-0

[45:00] 1, 7, 2. Is there anyone that would like to speak on the item you may come forward or do we have any cards? Not for that one.

[45:12] All right, so if we don't have anybody for that one, then I will close the public hearing for this case.

[45:21] And commissioners before I ask for a motion, do you have any clarifying questions or a question for more information?

[45:29] All right, so I will call for a motion on zc26-0172.

[45:35] Make a motion that we approve zc26-0172.

[45:41] Second.

[45:42] All right, motion from Kyle, second from Cheryl.

[45:46] Do we have any discussion?

[45:48] All

[45:51] for a vote

[45:59] and that recommendation for approval pass is seven to zero and

[46:04] That will be before the city council on September 14th. So thank you very much, Mr. Rick's.

[46:13] All right now

[46:13] We'll go to item C2

[46:15] We'll be opening the public hearing for case ZC

[46:22] 26-0173 and we'll have Clayton back to introduce the item to us. Thank you, sir

[46:27] This next request is a special development plan for a winery, more specifically a metery.

[46:33] This is on a property that's 8.3 acres in size, in a building at 80204 northeast Parkway.

[46:40] So the area highlighted in green is the entire tract of land associated with this application.

[46:46] But the application itself is really subject to a smaller portion of the building here, located 80204.

[46:51] So just for context, the Davis Boulevard here on the west side of the site adjacent to the

[46:56] text rail line in just north of Main Street in that area.

[47:03] A little bit closer view of the site. As you can see, a little bit better context.

[47:06] Here's the A-daker property. The site that will be part of the application for the

[47:11] the applicant will explain the operations here where the star area is in the suite in that area there.

[47:17] So this is the northern portion of the TOD, Smithfield TOD and you can see some of the mix

[47:21] uses in this area, some new-ish, some existing prior to that, and then across

[47:27] Davis Boulevard Smithfield Elementary School.

[47:31] So looking, if you turn on a

[47:33] Davis Boulevard, Northease Park, we have Davis Boulevard looking back

[47:35] that direction. You can see the commercial area on the south side, residential

[47:39] and north, and then you just turn off Northease Park way into the site. This is the

[47:45] building at 82.04, and then down at the end of that building, a suite 124, which is

[47:49] what the application is associated with.

[47:54] And if you turn back, looking north towards

[47:55] Northeastern Parkway 300, so feed up the property, Northeastern Parkways there, at the end of

[48:02] that building.

[48:03] And if you turn around the other way, there's some adjacent commercial property just to

[48:06] the south of that site.

[48:11] This is an area designated as urban village on the land use plan.

[48:14] This is about a 200 plus acre area.

[48:17] I'll cover more of that in the staff report for the TOD for Smithfield area.

[48:22] In the zoning on the right hand side, you see this kind of blueish color, darker grayish

[48:27] is the transit oriented development district associated with Smithfield, and you can see some adjacent

[48:32] other zoning in that area. This is just for a special development plan for the winery

[48:37] and this is not changing the zoning of the property. This would just be considered for authorization of this

[48:42] use at this site.

[48:46] With that, the applicant is here this evening to make a presentation and discuss

[48:50] the project with the commission when the y'all are complete with that. We'll follow the

[48:54] additional information staff report.

[48:56] All right, thank you, Clayton.

[48:59] I have the applicant come forward.

[49:01] You were name and address for the record.

[49:06] Good evening.

[49:07] My name is Corey Smith.

[49:09] My home address is 6.544 Wakefield Road.

[49:13] Here in North Richmond Hills, Texas 7.612.

[49:20] And I'm just here to present.

[49:23] I'm probably overprepared for this, but best to do that,

[49:28] then otherwise.

[49:28] So I want to start a small meter a year in town.

[49:37] Mead is a fermented beverage, kind of like wine instead of grapes.

[49:44] I use honey.

[49:46] And I'm proposing that I be allowed to manufacture and bottle a small batch.

[49:53] meet on site. It's approximately 1,200 square foot speed.

[50:00] I'll be using 600 square feet of it for the manufacturer, the manufacturing portion. The other half is an office just where I plan to do administrative tasks. So the manufacturing site and questions are approximately 600 square feet total. I'm just asking to work with the city and obviously the state and federal government to allow me to participate and to manufacture.

[50:27] We'll try to be as brief as possible.

[50:30] As I stated, the product is made, fermented honey, water and yeast.

[50:37] We'll be made in small batches, less than 12 gallons per batch.

[50:42] With a scale appropriate to the size of the building,

[50:47] I'm not looking to grow beyond,

[50:52] to be the next Miller or anything like that, but just to engage in manufacturing a small scale.

[51:03] Manufacturing, bottling, no tap room, no onsite consumption other than what is allowed by the city and TABC known as tastings.

[51:16] But even the majority of those, I plan to have off-site because the facility is itself, as you've seen, rather industrial, and I find that going to another winery and hosting these sort of tastings would be more to benefit anyway.

[51:32] I plan to market to local businesses first, spreading out from there as it takes root, but

[51:43] really participating in the local economy as much as possible, purchasing from local food

[51:50] markets, the fruits, the honey, any herbs that I use would be purchased locally first.

[52:00] I don't want to really grow beyond the city that I live in anyway.

[52:06] I live here. My daughter goes to school here, and I want to do business here as well.

[52:15] A conceptual look at the space, this is just the 600 square foot warehouse site, approximately 120 square feet for a cooler fermentation room.

[52:28] I will have at the very beginning only four individual fermenters size that 15 gallons to a count for head space above my 12 gallon batch size.

[52:43] The rest of the site will be used for battling packaging and dry storage.

[52:51] I have given the process that I use for production, not sure how many of you might be interested

[53:01] in this.

[53:02] I'd be happy to talk about it at great length.

[53:04] Should you be willing to do so?

[53:10] My intended start, my intended production start is approximately 12 gallons per quarter.

[53:18] For the first two quarters of operation, that's to allow me to properly size my recipes, scale everything up as need be in preparation for our first production runs.

[53:34] By my third quarter, I plan to be making approximately 40 gallons per quarter, and that should persist for about the next five quarters.

[53:42] And then, beyond that, I have not gotten a solid business plan in place for beyond that.

[53:49] I've just looked into open the doors and get started.

[53:53] I do believe the facility could scale to 150 to 200 gallons per quarter, but that would

[54:01] be the top end for me anyway.

[54:03] If I'm making that much, I need to look into a new bigger facility.

[54:09] So, my operations from the very beginning,

[54:16] I'm super focused on preventing waste, preventing

[54:22] water waste, especially my fermentation process uses a lot of water.

[54:29] So, I already have operational processes in place to support safe water consumption at the facility, along with compliance with environmental standards, above and beyond exceeding city, environmental standards and restraints.

[54:52] And I want to reiterate that the facility has...

[55:00] Nearly zero planned foot traffic, zero onsite consumption. Any sale on premises would be by the bottle and in a bag or a box and to be carried off site. I expect that to be less than 5% of my total sales.

[55:22] the majority of my sales coming from kegsales to local bars, other wineries, and going out

[55:31] to events, rent fairs, and the like here in Texas.

[55:41] I understand what kind of business I'm getting into and the resistance that that might bring,

[55:48] But I want to assure everyone here that I intend to comply with all of the layers of government that weigh upon me with a business like this.

[55:59] So I urge you to please feel free to ask any questions.

[56:07] I'm ready somewhat and I'll look forward to your feedback.

[56:15] How long does that, I can't remember how the eight steps or so of that process, how long does that take from start to finish?

[56:24] So from the day I first mixed the ingredients until the day I'm bottling, it's approximately three and a half months.

[56:34] In 20 gallons, trying to think scale of how much you're going to have coming out of this location.

[56:44] So I was going to bring a bottle with me just to show you the size of my bottles, but that doesn't really put into perspective how big the cags are.

[56:54] 20 gallons is approximately 100, 500 ml bottles.

[57:01] So think about about a pint or so about a hundred pints.

[57:10] So, I mean, you're at 200 or a quarter, we're not having truck loads of me coming out.

[57:20] I don't intend to block the other residents of this commercial park.

[57:25] So I should be able to manage deliveries of any inbound, like the bottles, any cake deliveries

[57:38] in small box trucks, distribution is intended and they, you know, I have a small, lift commercial

[57:53] lifestyle door on the facility, and the medium-sized semis, I think they're 27 foot. They can

[58:05] back in pretty easily in that space, but I intend no more obstruction than any of the other

[58:12] commercial businesses on the property.

[58:16] And the tasting portion of this, like you said,

[58:20] has got a lot of the feedback on that, but doesn't sound like it's going to be,

[58:26] you know, the kind of place where a group is going to come and hang out on a Saturday night

[58:31] and drink three bottles of meiden.

[58:35] I'll be the first one around and I'm off.

[58:37] The tastings would be, I'll have to get clear with the TABC guidelines, but the tastings must be, it's less than a half an ounce, and my ABV ranges from five and a half percent to 19 percent on the high end, so it would be comparable with a wine tasting, but I don't really intend to do that on site unless

[59:08] There's some specific event that I'm allowed to do by this by the council and in the city

[59:16] I've already set up to do most of this stuff off-site. I've got a friend up in color that runs a winery

[59:23] And he's agreed to let me use his room for these events. So I'm looking to do as much away from this site as possible

[59:32] It's just purely for utilitarian purposes

[59:37] Any other questions for the yeah, I'm looking at that you guys have for Clayton this

[59:43] What the one question I have is how many employees do will you have I just look at this one just me?

[59:50] Okay, I intend to have people they're on site

[59:54] on like bottling day

[59:57] There may be up to three or four

[1:00:00] People helping me on just one or two days over a weekend. The weekend traffic at this facility is already light. Most of these businesses are Monday through Friday.

[1:00:13] I have two allocated parking spaces on the site and I don't intend to go beyond that.

[1:00:22] If we place a condition that any kind of tasting like anything that's beyond just like the occasional one

[1:00:29] Will not occur on the side and if that is gonna be a ongoing thing that something you can come back and request additional approval for is that something

[1:00:39] Could be okay with

[1:00:41] so

[1:00:43] A provisional restriction

[1:00:45] On tastings of any kind on the site. Is that what you're saying? Well, I mean beyond just maybe for your whole sailors

[1:00:52] You know, you don't want the general public to be coming in there for taste things like a wine bar, so yeah, yes 100% I agree with that

[1:01:02] It's there's I'm not really going to be set up for that

[1:01:07] If a distributor wants to come and meet with me probably not going to meet at the side either

[1:01:13] We may go over there and visit to have them look at what I'm doing

[1:01:17] But this is, this is not a site that's intended for showing off.

[1:01:23] We're going to have tours.

[1:01:25] I mean, 50 bucks ahead, sure.

[1:01:29] Okay.

[1:01:32] Very good.

[1:01:32] Any other questions for the applicant?

[1:01:35] All right.

[1:01:36] Poor thing.

[1:01:37] Thank you.

[1:01:38] We'll have Clayton present and just hang tight.

[1:01:40] We may have more questions for you later.

[1:01:48] Okay. So just the summary of what we're looking at this request

[1:01:53] to add the winery for this special development plan.

[1:01:57] This 8.3 acres site, one smaller, and I think I heard 1200 square feet, 1200 square

[1:02:04] feet.

[1:02:04] Okay, thank you.

[1:02:05] We had measured out about 1,000 square feet, so just a point to bring up the proposed conditions

[1:02:12] and standards that are included with the packet of campus square foot of the 1,000 square

[1:02:16] feet, because we figured this was about 900 or so.

[1:02:18] So if there is a motion to approve this and pass along to City Council,

[1:02:23] I'd like to bump that number up to at least 12 hundred square feet on that

[1:02:26] cap on the square footage just so we don't box that in.

[1:02:30] And that's just early.

[1:02:32] So we have a thousand square feet here that was just our estimate off of the

[1:02:35] site, off the space plan that was there.

[1:02:37] So we'll say 12 hundred square feet, at least,

[1:02:39] area for that particular suite.

[1:02:43] I've included this.

[1:02:44] I discussed this as the work session.

[1:02:46] I think there was some a lot of the correspondence that we received

[1:02:49] regarding this, I think, may have been a misunderstanding about the scope of the project

[1:02:53] and conditions in the relationship to the property, because we include, when we'd send

[1:02:58] out notifications for zoning cases, we're required to use basically the property boundaries

[1:03:04] for that.

[1:03:05] So this is a eight-acre site that we were using for the notification area.

[1:03:10] So the site is there in the hatched area.

[1:03:13] The larger blue line is the notification area, so every property within that, or touches

[1:03:18] that we sent out public notice on for this particular public hearing tonight.

[1:03:22] Even though the site itself is just a small 1,200 square foot area there identified by

[1:03:29] the green box.

[1:03:30] So we think there might have been some little bit misunderstanding about what the scope of

[1:03:33] that is compared to what the operation was, so we wanted to provide this just for informational

[1:03:37] purposes tonight, just in case for a question that came up about that.

[1:03:43] So this property is in the TOD district.

[1:03:45] This is the regulating plan for the Smithfield TOD.

[1:03:48] This is a 200 plus acre area, the site, the under consideration here where the green star areas is up there in Northeast Parkway.

[1:03:57] There are multiple character zones in this area, primarily everything on the east side of Davis Boulevard is in a mixed use general mixed use area.

[1:04:05] So that's intended for a very wide range of uses. It could include things from retail, office, residential, some industrial type operations, very broad mix of things.

[1:04:15] And if you've been out in that side, you'll see some older industrial areas here, some

[1:04:20] newer residential areas been constructed across from this area, some newer industrial

[1:04:25] or newer commercial retail, and residential there in the south portion of the site, and

[1:04:30] some activity there in other spots along the west side of the AIS Boulevard.

[1:04:35] But bottom line is this is a very large mixed use intended to be mixed use area for trying

[1:04:40] to encourage new development but also trying to ensure that existing uses are able to

[1:04:45] continue along in this within the TOD district and to allow other improvements and things to

[1:04:51] be made over the course of time prior to any kind of other redevelopment that might occur.

[1:04:57] But this is a regulating plan that ties in as well with the...

[1:05:00] The zoning district for the TOD. So, if you look on the zoning map, this area is all zone for that TOD area.

[1:05:09] There was some references to the ACOLIC beverage codes. We provided some map just showing those standards here.

[1:05:14] The city's code, which mirrors the state ACOLIC beverage commission code, does have requirements,

[1:05:19] distance requirements from establishments that might sell ACOLIC beverages, either from churches and public hospitals,

[1:05:26] and also from public and private schools.

[1:05:29] So under the current codes, there is a distance requirement for properties that might have

[1:05:36] an establishment that sells alcoholic beverages from a school property, and that minimum requirement

[1:05:41] is 300 feet.

[1:05:43] So that's a property line, a property line, a property line, a measurement.

[1:05:46] So if you were to look at the site under consideration here on Northeast Parkway, and compare

[1:05:50] that to the property where Smithfield Elementary School is on the other side of Davis Boulevard,

[1:05:55] It's a little over 560 square feet as the crow flies from proper line to proper line.

[1:05:59] So it does exceed that 300 foot distance.

[1:06:02] Even though it's not affected here, if there were a church in this area or a daycare center or a public hospital,

[1:06:08] that 300 foot distance does apply, but the measurement is different.

[1:06:12] That is measured from door to door from those two establishments.

[1:06:15] The only one that is proper line to proper line is to a school.

[1:06:18] So that's what we've shown here on this particular map.

[1:06:22] And then for additional reference, there are other existing alcohol permits within this area.

[1:06:27] There are two gas station convenience stores.

[1:06:30] They're at the corner in Northeast Parkway.

[1:06:32] They both have permits that would allow for basically beer and wine sales, package sales,

[1:06:37] not for on-premise consumption, but for carry-out.

[1:06:40] Same with the break-time convenience store.

[1:06:44] They're a Smithfield and Main Street.

[1:06:46] They're in that southwestern portion of the property.

[1:06:48] and then back for Barbecue has a mixed beverage permit for their operations there at that particular restaurant.

[1:06:54] So just for comparative purposes, those are the existing permits that are within that area.

[1:06:58] This would be a different type of permit, but similar in operation.

[1:07:04] So following your action tonight, I say the Council will consider this on September 14th.

[1:07:08] We're happy to answer any questions prior to the public hearing or address any questions I might come up here in the public hearing.

[1:07:15] Thank you.

[1:07:20] Any questions?

[1:07:22] Can I just have a clarification on one question here?

[1:07:26] Do you know what the occupancy rate is of that industrial park?

[1:07:30] I don't, I'm sorry, we don't know the occupancy of it.

[1:07:35] We have driven through it several times over the last couple of weeks.

[1:07:39] There are a number of businesses that are operating out of that area.

[1:07:42] A number of CEOs that do exist there for wide range of uses.

[1:07:46] A lot of commercial uses, service types of operations,

[1:07:50] would working shops, warehousing services that provide for hot times and pools and things of that nature.

[1:07:57] It looks like it's pretty well occupied, but there's not a lot of signage in the development.

[1:08:02] This is not really a destination type of property.

[1:08:05] So there's not usually a lot of signage associated with that.

[1:08:08] So there are probably people operating at that, they just don't pay for extra signage.

[1:08:13] But we don't know the exact occupancy for it, but there are quite a number of businesses currently.

[1:08:19] there. Thank you.

[1:08:21] Yeah. Excuse me.

[1:08:24] Good. And this was.

[1:08:25] Put you on the spot a little bit.

[1:08:27] I'm ready for it.

[1:08:29] Thank you.

[1:08:32] Why don't we talking about making sure our possible have an exemption more.

[1:08:36] There is no tasting or anything.

[1:08:38] I want to make sure we protect Mr.

[1:08:40] Right now for sure.

[1:08:41] There are any unintensive consequences you can think of off top of your head about.

[1:08:46] If that restriction could cause something.

[1:08:48] The restriction on tastings?

[1:08:52] The only thing I can offer on that is that's not something that's covered under the

[1:08:56] City Codes for that.

[1:08:58] Usually that's part of the operation that you would get.

[1:09:01] When they apply for their permit from I call it Mayor Rich Commission.

[1:09:04] They apply for the winery permit in this case.

[1:09:07] And there are allowances under that license and permit to be able to do certain things.

[1:09:12] And some of those things are tastings.

[1:09:13] So that's not a, not something that's covered in the city code to allow for strict those that's completely the alcoholic beverage controls the operations of those things.

[1:09:24] What the zoning would provide for is this particular use authorized there.

[1:09:29] And then that function in conjunction with whatever the permit from the state would allow for.

[1:09:35] I think the closest quarterly I can think of are drone operations that wean is doing.

[1:09:40] the zoning that's permitted for that, basically sets up the conditions for the site

[1:09:45] improvements where they can be located, you know, those require special zoning approvals,

[1:09:49] but once the drone leaves the air that drone falls under the FAA type of regulation and not

[1:09:54] city regulation. So this is kind of a similar type of situation to where the use could be permitted.

[1:10:00] But the operations of how they functioned the business and the things that are permitted under that permit would fall into the

[1:10:06] Occult Babish Commission control. So, there could be a condition that could be attached that ultimately could just be

[1:10:15] unenforceable by the city since that's not the city's jurisdiction.

[1:10:19] Okay.

[1:10:20] Well, the big concern is really on the parking, right? Because,

[1:10:24] and they have the public coming in and then the parking becomes tight and that's really the issue that

[1:10:29] I'm looking at as a consequence of that activity being held.

[1:10:34] We control land uses that deal with people coming in and out,

[1:10:38] but it's retail or industrial.

[1:10:41] And the fact is that since they only have two parking spaces,

[1:10:46] I really think that's where I'm looking at saying

[1:10:49] that we don't want to have a lot of that in and out traffic.

[1:10:53] And we're not trying to control what the TVC license would allow them

[1:10:57] to do, but it's more of the externality of people coming in and the impact on the parking

[1:11:05] is what I am kind of putting that, trying to put that limitation.

[1:11:13] I think Cheryl, you might have jumped in.

[1:11:18] Okay, so really, your retail part of it would just be for people to come by individual

[1:11:28] bottles. So that sounds more than the tasting. But you're not expecting a lot of

[1:11:36] a mean your door to be knocked down by hundreds of people to come by.

[1:11:41] No, not at all. In fact, I don't even intend to have the doors unlocked for the majority

[1:11:48] of the week, maybe in off hours. But most of my individual bottle sales would be, hey, I want

[1:11:56] I'm buying, get a couple of bottles, I'm going to take them to a wedding, or I want to, you know, buy a couple for my, you know, my cousins or whatever, it's, it's not the intended primary sale approach for my business.

[1:12:09] I'm going to be putting the majority of my product in cags to sell to local businesses.

[1:12:15] And you said when you do a tasting, the T.A.B.C. permit allows you to do it.

[1:12:20] You said an ounce and a half.

[1:12:21] It's a, I think it's under a half ounce for a tasting.

[1:12:24] I'd have to review that to be sure, but I believe it's under a half ounce.

[1:12:28] And even then, I don't, I don't, I don't intend to bring people to this, to this site for their tastings.

[1:12:36] If I'm in dire straits and somebody just has to come by and I need to,

[1:12:41] I can file anything in, you need, absolutely, but I do not intend to have official tastings here.

[1:12:51] Right, and part of it, we discussed in the work session, and I think some of the feedback from the community brought it up too,

[1:12:59] but as we do a development plan, or especially use permit, which isn't what this is,

[1:13:06] But part of what we have to think of is, you know, you've created a use that happens in the area.

[1:13:13] You don't open it to the public sounds like necessarily, but the next person, not saying you're going anywhere,

[1:13:21] but we have to think that if the next person who comes in to do that use, you know, we have to think of how they would do.

[1:13:29] But, and then, kind of, jump in between the two of you.

[1:13:33] But Clayton, it sounds like, as you're answered to Kyle,

[1:13:38] it's kind of murky as to what, as a zoning is able

[1:13:43] to regulate in terms of the activities to that degree.

[1:13:49] I guess the operations of the use.

[1:13:50] Yeah, that's correct.

[1:13:52] The alcoholic beverage commission controls pretty much all

[1:13:56] of the operations.

[1:13:57] how they do the things, how they bother the stuff, how they store the materials, how they

[1:14:02] market it, how they sell it, how they label it, those sorts of things. Those are outside

[1:14:06] of cities controlled because that's controlled by different government agencies at state level.

[1:14:12] Other things that we would look at too for this particular type thing. I mean, this winery is essentially

[1:14:17] sort of a manufacturing type of operation, which is kind of how we've been viewing it.

[1:14:26] It's

[1:14:27] establishment or a retail store or anything like that.

[1:14:30] So we were looking at it more as a production facility,

[1:14:33] which is what the Wine Repairment really is from the state,

[1:14:36] and not necessarily a retail top operation.

[1:14:40] It's hard to, the Wine Repairment

[1:14:42] can cover something this small and also

[1:14:44] can construct something as large as hundreds of acres

[1:14:46] and great buying taxes to be able to do that.

[1:14:49] So those activities are vastly different in scale,

[1:14:52] but this is more of a production manufacturing

[1:14:56] industrial type of operation, more than anything else at the site. And that's kind of how we do.

[1:15:00] We're going to do this issue in a parking situation and just the general use of the property.

[1:15:07] So that's been our focus on that, is outside of those operations. If that helps address some of those.

[1:15:13] Excuse me.

[1:15:19] One thing I was kind of curious on this, you know, with the TOD, in that general mixed use zoning,

[1:15:29] And I guess the vision 2030 aspect of all of this is that industrial park kind of the vision for that.

[1:15:41] I know we don't like develop land, but is that long-term kind of the vision for this area?

[1:15:48] Would it be an industrial parker?

[1:15:51] And I think if you basically take this

[1:15:55] concept, this regulating plan and look at that as kind of the guiding idea of what that area should be.

[1:16:04] Certainly it's not going to be something that occurs overnight that all of this property suddenly becomes a larger mixed-use area,

[1:16:11] but its properties might redevelop.

[1:16:15] There could be a point where this property owner decides that they want to do something different to the property.

[1:16:20] This is not related to this application, but a number of years ago, I would say probably seven or eight years ago.

[1:16:26] The previous property owner had thought about making some upgrades to the site.

[1:16:31] It was more site improvements, aesthetic improvements to try to bring the property a little bit closer to compliance,

[1:16:37] but there wasn't a lot of changes about the actual uses of the property.

[1:16:40] So it was still kind of geared towards this more commercialized operation.

[1:16:44] So, we're not aware that this current propaganda has any plans to do that, that's certainly

[1:16:49] something they could consider.

[1:16:51] I mean, we would use the guidelines and the TOD district to kind of help them along with

[1:16:54] that.

[1:16:55] But, you know, overall is, you know, these properties build out.

[1:16:58] You know, this is a very, very long range plan for the TOD area.

[1:17:02] So, it's something that could happen in the future for this site.

[1:17:06] We'll property south of this if the timing is right.

[1:17:09] the, you know, if all the things line up appropriately for it, and they decided to do that,

[1:17:14] then there are this easy, generally an easy process to get through that to be able to be developed site.

[1:17:20] Yeah.

[1:17:20] I mean, I think the whole, like what we've got on the map, the screen there, right?

[1:17:24] Like, I know there's a lot happening, or that has been discussed around the station,

[1:17:31] and Main Street, the character zone, and I could just see this being a really cool area in the city.

[1:17:38] And not necessarily an entertainment district next to the house there, which I think is what a lot of people were fearing.

[1:17:47] I think a lot of the comments weren't geared towards that, yes.

[1:17:52] But that's, I guess, was something I was just curious about as far as the TOD.

[1:17:58] A lot of the focus that we've seen, of course, in this southern western portion of it, you know, around holiday laying in a lot of residential developments occurred over there in the last 10 years.

[1:18:07] some stuff here along Smithfield Road so this area here you're seeing a lot of activity

[1:18:13] some new construction down here just south of the mid cities Boulevard with the new building

[1:18:18] the Starbucks and the construction books down there at Bridge Street, New Residential Development

[1:18:24] Golden Grove over in this area a Rickford-Garrow has been developing quite a bit

[1:18:29] redeveloping his properties in this area too. So there's a lot of little pieces that are

[1:18:37] for that. So, you know, those things happen and it kind of guides future development decisions

[1:18:44] somebody might make.

[1:18:49] Any other questions? Yeah, there's approximately 100,000 square feet like

[1:18:54] if they call the four buildings, if each building is what 24,000. Oh, yeah, if you take all five

[1:19:01] buildings on that side, it's about a hundred and there's one show not shown here, it's kind of

[1:19:10] Well, I mean, even at like 50% occupancy, that's a lot of existing uses that are not

[1:19:17] probably going to go away in time soon. And you don't want to close a cash-flowing business

[1:19:22] and you definitely want to encourage local, small manufacturing uses like the one that's being proposed.

[1:19:31] There's a lot of small businesses in this facility.

[1:19:40] This request is no different than if you move just south inside the same Smithfield planning area.

[1:19:47] This is the same request that somebody like Keyworth would have had to put in to facilitate their correct.

[1:19:53] That's exactly the same process, yes sir.

[1:19:55] Just sort of we're staying consistent as a board that's the exact same request.

[1:20:00] Questions that would have been put in down there in the same development area, if you will?

[1:20:05] Yes. Keyworth is a little bit different type of operation. They have a different kind of license from the state.

[1:20:11] They do re-work there, but they also are a place to where you can, much like false idol is, another part of town. You can go there to actually drink at the location.

[1:20:21] Yeah, I'll see you set up for that from the process standpoint exactly the same yes, sir

[1:20:32] Commissioners before I ask for any for emotion, are there any other clarifying questions or a quest for a bush

[1:20:38] I'm sorry, we haven't done the public hearing. I don't think have we oh, yes, that's good

[1:20:43] So I didn't miss that during all the

[1:20:46] So before we do that we're gonna do the public hearing

[1:20:50] Let

[1:20:53] me get my verb and cheer

[1:20:58] So, we'll now, the public hearing is open for KCC-26-0163, and is there anyone who would like to speak on the item that you can come forward now?

[1:21:14] State your name and record for the, or for the name and address for the record?

[1:21:22] Hey y'all, I'm Bobby Gomez, I love it 777-14 Sabolane in North Richland Hills, which is not near this development, but adjacent to the TOD.

[1:21:30] So I'm always very excited to talk about the TOD. It's a big reason why I moved here.

[1:21:35] This is a cool development. I'm in support of it. I think it's a good thing to do.

[1:21:41] I also, I misunderstood the posting and so I was thinking this was going to be a full 8-acre development.

[1:21:45] And I was like, this could be cool, but we'd have to do a whole lot more than what I saw on the space plan.

[1:21:51] So if you guys read that email that I sent in, you can probably disregard 90% of that.

[1:21:56] But I would love to see a large development here with some good TOD stuff going on.

[1:22:01] That could include a meetery.

[1:22:02] I think that'd be awesome.

[1:22:04] Yeah.

[1:22:05] One thing I will say is that the memo says that the planning is only commission.

[1:22:11] And the council would consider the extent to which the application meets the following, and then it's got five bullets that I won't read out.

[1:22:20] But I think this only really meets two of those in that it's similar to the current uses, and that it doesn't inhibit a future development to be more intense.

[1:22:30] But it doesn't really meet the purpose or the goals of the TOD, right? That should be a walkable mixed use space, and this is a very small thing.

[1:22:37] So that's why I still think this is a great idea.

[1:22:39] I'm still in support of this, but I will make that statement

[1:22:42] of how this doesn't necessarily meet those five goals,

[1:22:45] at least that are met with Staten the memo.

[1:22:48] But that's it.

[1:22:49] Thank you guys so much.

[1:22:51] Thank you.

[1:22:53] I forgot to ask, do we have any other, any cards or anything?

[1:22:57] People, I was the only one.

[1:22:58] Anybody else who would like to speak on this item?

[1:23:05] Seeing nobody else to come forward,

[1:23:07] we will close the public hearing.

[1:23:11] And now, commissioners, before I ask for a motion, do you have any clarifying questions or a request for additional motion?

[1:23:20] Now, we'll call for a motion on item C2.

[1:23:25] I move that we approve CC 26-0173.

[1:23:34] Oh, with the addition of the exception of 1200 square feet instead of a thousand.

[1:23:43] All right, we got a motion from Cheryl, a second from Mike.

[1:23:53] Actually, I had a question about maybe a friendly amendment to the motion to kind of limit

[1:24:01] the retail connectivity and keep it more as a manufacturing using if any of that changes

[1:24:08] they would have to come back.

[1:24:10] Let me, I know we had a meeting about Robert's rule of order once, so she's a motion,

[1:24:17] We've got a motion, and now we have a met proposed amendment, so when do I do it, which on that?

[1:24:25] Yeah, when can we, yeah?

[1:24:27] Yeah, the motion's been made in a second.

[1:24:29] The friendly amendment can be offered in the person that may the motion can accept that amendment

[1:24:34] and the person that second can agree with that in the final standing of it.

[1:24:39] And if they don't agree with that, then the amendment can't be added to the motion.

[1:24:43] But if they agree with the amendment, then it can be added to the motion.

[1:24:47] But I think during discussion, you can, like, add, and then we have to vote on those things, and then,

[1:24:53] I don't think you have to vote on the amendment, but if it's a friendly amendment, then the amendment.

[1:24:58] But I have a question note.

[1:25:00] You said, like, for instance, with the zoning that the TABC took over, can we even control that, like, restricting where there's not retail?

[1:25:12] Because that's what you're asking, right? Yeah. So, can we say only manufacturing and not retail? Because if we can't view that for zoning, there's no sense in.

[1:25:31] Why don't we permit under TBC allows the holder of the permit to manufacture a bottle, label and package,

[1:25:40] wine containing about more than 20% alcohol, by volume.

[1:25:43] Manifactor fruit brandy, sell wine to ultimate customers,

[1:25:48] for consumption on the premises, or fund broken packages off premises,

[1:25:55] sell the wine outside the state, blend wines,

[1:25:56] dispense free wine for consumption on the premises, purchase and import folders, purchase and

[1:26:04] import wine from the holder of a non-residential seller's permit, that's a different thing.

[1:26:10] And they make and duck samplings and tasting at a retailers business. And so wine to ultimate consumers

[1:26:17] for consumption on or off the premises and dispense free wine for consumption often on the premises.

[1:26:22] So there are some allowances, it looks like at least on that brief reading of the permit requirements and

[1:26:28] TBC that they are allowed under that permit to be able to sell that to customers on the premises.

[1:26:36] So you could go in and buy a bottle at the site under that permit.

[1:26:41] Okay, so we can't, I mean there's no point in doing the amendment because we can't enforce that.

[1:26:46] I don't know if adding a restriction that prohibits retail sales on the site would be anything that we'd be able to enforce

[1:26:53] since that would be permitted by the permit.

[1:26:56] You may have something you want to add to that, too.

[1:27:03] I'm just going to remind everybody that this isn't like final action on the site.

[1:27:05] I'm just asked to go before the city council.

[1:27:07] So I think we have a couple of avenues if there's something that you recommend is part of your motion that we determine

[1:27:11] through kind of legal council or for whatever reason that is not appropriate.

[1:27:15] We can make that disclaimer to the city council and kind of give them that advice.

[1:27:20] Additionally, if you wanted to make a motion without that, we can certainly share that

[1:27:23] feedback with the City Council to ask if they would like to include it in their motion,

[1:27:28] assuming that it's appropriate to do so.

[1:27:31] So I just wanted to kind of remind you, we still have another meeting in an opportunity to kind of

[1:27:35] whether this is only a recommendation.

[1:27:37] Correct.

[1:27:39] If you made a recommendation, there was something that we felt like was going to be a problem

[1:27:42] from a legal standpoint, or it was going to maybe the applicant has some time to think about it

[1:27:46] to make impact their business in some manner,

[1:27:48] we could certainly kind of bring that up

[1:27:50] with the city council at the meeting in a couple of weeks.

[1:27:54] So, I hear you saying, you don't want to amend your motion?

[1:27:58] I guess I'm just confused.

[1:28:01] If we, sorry, you saying, we should do it even though

[1:28:04] the KBC would set, are you saying pass it as it is

[1:28:07] and you talk to legal and bring it up?

[1:28:10] I think she's, because they don't really,

[1:28:13] they don't tell us what to motion, I guess.

[1:28:14] But she says, if we want to, we can, but if the legal opinion is that that doesn't really

[1:28:22] fly or counsel the sides, they can always change it whenever they...

[1:28:26] Okay, I just withdraw my amendment because it's getting too confusing, and I don't have an issue.

[1:28:32] I was only trying to address the neighbors' concerns about it, and that was my attempt at

[1:28:39] kind of addressing that, and I don't have an issue with the use of they want to do that.

[1:28:44] It's after hours. There's a plenty of parking. That's not a big issue, but so I'm just going to withdraw.

[1:28:54] So we have a motion from Cheryl a second from Mike.

[1:28:59] I was as enthusiastic as about the second. So now I'm asking questions. So now I need a discussion.

[1:29:05] All right, thank you.

[1:29:07] First of all, I'm just saying this because I've been trying to process this whole thing.

[1:29:12] Okay, what the metering is not.

[1:29:15] It is not a tap room, it is not a wine bar.

[1:29:19] It's not a place where people are going to be going

[1:29:20] and having a party, okay?

[1:29:23] It's going to be a place where this gentleman,

[1:29:24] who lives in our community wants to manufacture some

[1:29:28] meat, meaty wine made with honey,

[1:29:31] using local people in our community to buy his herbs

[1:29:36] in his honey.

[1:29:37] I mean, what a great culture that promotes.

[1:29:40] Holy cow, I love it.

[1:29:42] It is not, we have to understand the difference between a limbar and a tasting, a tasting less than a half an ounce.

[1:29:50] It's to see if you like it and want to buy it by the bottle.

[1:29:54] He's not selling by the glass.

[1:29:57] I think that's the hang up here, okay? That's my opinion.

[1:30:00] I like the idea that it is local using local. It does bring a sense of culture that, you know, yes, it's not walkability as far as a TOD, but man, this is a start. This is a huge start. It's a small place. 1200 square feet with 600 square feet. We have to think realistically what this looks like. It's not, it's at the end of the building. It's, it's not going to be a place that hundreds of people are going to

[1:30:30] coming to on a daily basis. That's not his intent. He explained his intent. What he wants to do,

[1:30:35] he wants to make some need and give it to some people. Not a lot of people, some people.

[1:30:44] So I think we need to really, really stick and thinking about that. And then if he was wanting to have

[1:30:51] some kind of big retail, he would have chosen a different location. He wants to manufacture it there.

[1:30:56] So, I think it's wonderful, thank you.

[1:31:05] We might have some people watching for the next vote, but my only problem I know we talked

[1:31:10] about restriction is I was off the table, my only problem with restrictions is it could

[1:31:16] handicap you in a way that if somebody comes in and says, hey, I'm about to go to a wedding.

[1:31:23] I want to buy four bottles of this, but I want to taste it first.

[1:31:26] Those are the unintended consequences we don't want to put anybody in.

[1:31:29] So I thought the presentation was great.

[1:31:32] I think the business plan is great, so that was my only concern with adding some restrictions

[1:31:40] on there.

[1:31:41] I just don't want to put you in a position where it might cause some problems.

[1:31:52] Yeah, I mean,

[1:31:56] similar as far as on the motion that I get where you're coming from,

[1:32:02] and I think it was worth looking at, but also do you think there's going to be some

[1:32:08] difficulty with enforceability and then also, I think any time we do things we always want

[1:32:14] to make sure of the unintended consequences.

[1:32:18] When we got the packet last week, I mean, I had a lot of similar concerns to what was

[1:32:23] expressed in those emails as far as kind of not knowing exactly what was involved with the

[1:32:28] whole plan here, the distance from the school, I didn't even think about the convenience

[1:32:35] stores actually being, you know, half as close, and then kind of hearing the nature of it

[1:32:43] in terms of that this is not necessarily a retail establishment, does it seem to change it.

[1:32:53] You seem like a guy that just really likes me, and like, as this is developing, you're almost

[1:33:01] for saying it's not as much of a financial ambition even as just you're going to kind of see

[1:33:06] this thing, you know, see what you can do with it and so I think as far as this user there's

[1:33:14] that and I think the way this is structured from what we were talking about in the work session

[1:33:17] as far as it's not something where somebody else could come in under this development plan

[1:33:25] and then change it into a wine bar or something that's more like what would be detrimental

[1:33:31] that neighborhood, but I do feel a lot better about it now,

[1:33:39] but I don't see any other

[1:33:40] lights, but we'll do one more ask if there's any comments or discussion.

[1:33:47] All right, so I will call for the vote,

[1:34:07] all right, and the recommendation for approval with

[1:34:09] conditions regarding the the square footage passes and that will go to Council on September

[1:34:15] 14.

[1:34:19] With that this concludes tonight's agenda and there being no other business we are adjourned.

Planning and Zoning Commission on 2026-09-03 6:30 PM

Agenda

Transcript