City of Irving | Planning & Zoning Commission Public Hearing April 7, 2025

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[Music] Hey. [Music] Nat. [Music] [Music] Heat. Heat. [Music] [Music] [Music] [Music] [Music] [Music] What are you doing? [Music] Gentlemen, it is now 7:16 p.m. Welcome to tonight's Planning and Zoning Commission meeting of Monday, April 7th, 2025. Members of the Planning and Zoning Commission and public may participate in the public hearing of April 7th, 2025. All participants will be able to speak when called upon. At this time, I would like to explain the procedures to be followed during the meeting. The commission has both a consent agenda and an agenda for consideration of individual items. Items listed on the consent agenda are considered to be routine and non-contested. Item number one, citizen comments, provides the opportunity for members of the public to address the commission on items that are listed on the consent agenda. Each speaker will be limited to three minutes and the secretary will let you know when one minute is left. For all plats and plans conditionally approved or approved or disapproved by the commission, the applicant will be provided a written statement of the conditions for the conditional approval or the reasons for disapproval at the end of the meeting. These conditions and reasons are not arbitrary. They are directly related to the requirements of local government code chapter 212 and include citations to the law that is the basis for the conditional approval or disapproval. For individual consideration items, I will call the applicant or his or her representative to speak to rep to present the case. The applicant will have up to five minutes to present the case which includes all persons representing the application. Then those wishing to speak in favor and those wishing to speak in opposition will have up to five minutes each to present his or her comments. Prior to speaking, please give your name and address. Remember to speak directly into the microphone as this hearing is recorded for public record. Any handouts you wish to provide should be given to staff. Please do not approach the commission. The next meeting of the planning and zoning commission will be Monday, May 5th, 2025. The next item on our agenda, citizen comments on items listed on the consent agenda. April, has anyone signed up to speak on any item on the consent agenda? No one signed up. Please proceed. Thank you. Secretary Merrick, would you please read the consent agenda into the record? Yes, we have two items for approval and three items for disapproval. The approval items are the meeting minutes from Monday, March 3rd and Tuesday, March 4th. And we also have 2024347-PL Central Commerce Center on second revision. It's a replat located at 4441 West Airport Freeway. All right. Do we have a motion for approval of the items on the consent agenda? So moved. I'll second. Okay. We have a motion and a second for approval of the items on the consent agenda. Please vote. And the motion passes unanimously. All right. On to the items on the consent agenda for disapproval. For disapproval, we have 202578, Miss Thros, A. Maxwell Addition located at 419 and 427 Maxwell Avenue. The second one we have is 202579PL, the Monasuri School of Valley Ranch Revised. It's a replat located at 1201 Ranch Trail. And finally, 202586 PL Beltline Industrial Replat located at 4250 North Belt Line Road. Okay. Do we have a motion for disapproval based on the reason set forth in the staff memos? I'll make a motion for disapproval. Based on the staff memos. We have a motion. Do we have a second? I second. Great. Thank you. We have a motion and a second for disapproval. Please vote. And the motion passed unanimously. On to our individual items. Item number seven, comprehensive plan amendment 2024-412-CP located at 4105 ER. Is the applicant present? Sir, your name and address. Good evening. My name is Michael Clark. I'm with Wkelman and Associates, 6750 Hillrest Plaza, sweet 215, Dallas 75230. here representing SLH Walnut Hill 161 LLC, the landowner. Uh you you have heard this case before. Uh and uh we are back before you. We took this to council and were I don't want to use the word instructed, but we were uh it seemed like it was desired to be more dense and and a higher much more similar to our initial submitt. And that is generally what you have in front of you this evening. I don't want to bore you with the same presentations and things like that you've already seen. I know you got lots to do, but I'm happy to answer any questions you may have. Pardon me. Okay. And and I I realize I just kind of jumped into the second one, but I know we're taking them together. Yeah, that's great. Uh do the commissioners have questions for the applicant? is I if there aren't any other questions. Did you have a question? Okay. Um it seemed like the proposal is really a multifamily proposal plus a small, you know, that one chunk that'll be a commercial building. So why is this not two separate proposals? I mean, it's under a multi-use, but it doesn't seem like a multi-use situation what y'all are designing. Not 100% sure I know how to answer that, but I'll do my best. Uh, I think at some point in time it it it may have simply evolved into into this with the with the numerous submitts and and machinations of it. But but I will say this from a from a coordination standpoint putting retail in multif family is a great challenge to to have viable really what the kind of retail you want restaurants and things that require trash pickup and service and venting. It's very difficult to vent restaurants through multif family. So having it separated but kind of contiguous is is really from a from a development standpoint beneficial. I know that doesn't necessarily meet the the the conditions of what we're we're asking for, but that's kind of how the site plan evolved given given our girrations here. Not 100% sure that answered, but I was trying. All right. Thank you. Any other questions for the applicant? Just what kind of commercial do you envision bringing there? the the commercial would be uh well I guess let me back up just briefly. We we had a local retail I say local a national retail group shop companies evaluate the amount of square footage they thought we could support here. The maximum they thought we could support and I we have submitted a letter at at some point along the way in this process. It was was 20,000 square feet but more like 10 to 15 is what they felt like would this corner would support. I think the goal would be to have service type things. Yeah, I think the the users would be very similar to the the PJ's coffee shop that you see up the up the road maybe half a mile or so. That's nine or 10,000 square feet. So hopefully we would be able to have maybe a second restaurant or something like that would be the goal, I think. Any other questions? No. Thank you very much. All right. Is there anybody else who'd like to speak in favor of this item? Anyone in opposition? No. Then I'll bring it back to the commission for discussion and a motion. And we're this point we're just doing discussion and motion on the comprehensive plan amendment and then we'll separately have the public hearing on the zoning case. No comments. Any motion? If there's no other comments by the commissioners, I'll make a motion to uh send comprehensive plan amendment 2024-412-CP to city council for approval. Second. Okay, we have a motion and a second recommending approval on the comprehensive plan amendment. Please vote. All right. And the motion passes 6 to one. All right. Then on to item eight, which is the zoning case, companion case. Zoning case 2023-110-Z. Again, located at 4105 ER. So I assume you don't have any additional comments. I do not. Okay. Great. Thank you. Uh, anybody who'd like to speak in favor of this item? Anybody in opposition? All right. Right. Then I'll return it to the commission for any discussion and a motion. I'd like to make a motion of disapproving this uh zoning case 2023 1110 ZC uh with disapproval recommendation to the council. We have a motion. We have a second. We have a motion and a second recommending disapproval. Please vote. And the motion passes 5 to2. All right. On to the item number nine. Conditional use permit 2024-447-cup located at 2700 North Okconor Road, Sweet 124. Is the applicant present? No. All right. Is there anybody else who would like to speak in favor of this item? Anybody in opposition? All right. So then I will close the public hearing portion and bring it back to the commission for any discussion and a motion and that can be a motion to postpone. Uh or it could be some other motion. I'd like to make uh if there's no other comments, I'd like to make We have at least one other commissioner with the light on. No, I was going to make a motion. Go ahead. Oh, okay. Well, he was making a motion. the conditional use permit 2024-447-cup. Uh, I would like for it to be postponed till May 5th, PNZ meeting brought back before us. Okay, we have a motion for postponement. Do we have a second? A second. All right, we have a motion and a sec second recommending postponement. Please vote. And the motion fails. uh four to three. All right. Uh so the it's open for a new motion. Well, I'll make a motion. I think um Commissioner, go ahead. First, I'd like to make a motion uh for conditional use permit 2024447 CUP for disapprovals. Uh recommendation to the city council. I'll second. All right. We have we have a motion and a second recommending disapproval, but I think we're waiting a second till the system is ready for us to vote. It's for recommending disapproval. All right, please vote. And the motion passes 5 to2. All right. On to item number 10. Development plan 2025-35-dp located at 316 steeplechase drive. And this is for final action by the planning and zoning commission. Is the applicant present? Sir, would you like to come up to the front? Yes, sir. Your name and address? James Reeves, 316 Steeplechase. Irving 75062. Great. And I don't know if you had a chance to hear any of the work session, but if you'd like to say anything about the application. No, just that I've got a lot of sick people at home and trying to get my van out of the weather. We're going to we're born and raised in Irving, never have left and I'm I drive a van with the wheelchair lift and then, you know, we have a lot of hell out here and a lot of pouring. It takes five or six minutes to get my son and wife out of the van and that that weather's killing us. I've got a very nice house. The the stuff we'll put in there will look as good as anything in the neighborhood. All right. Uh do any of the commissioners have questions for the applicant? Right. I have a question, sir. Have you already gotten approval from your HOA or or whatever private LCA has approved it? They they they did it. I went to them first. My builder told me go there first cuz they don't you don't need to, you know, come here. So, yeah, that Carl McKe and I think I don't know the other man's name, Perau. They both told me who wherever he was both that they were they were good. Okay, great. No, I appreciate you going to them first. No, I've been with them for 90 days prior and they they um they they said they were going to do it under some ADA act or something and they they did say that when my son passes it will be removed but it's 30 40 50 years from now I hope they worry about it at that time. Got it. They said they'd put a stipulation there to have it removed when when he is gone. So is that something you currently have or that they're going to you're going to work that out in the future? No, they're going to put that in their deal when they on their approval. And but I'll be gone. Everybody be gone. Junior is 20 years younger. When he's gone, it doesn't matter if there's a car. That next person will level the house, you know, because it'll be 100-y old house. So, okay. I But no, it's approved through Los Clean Association. Got it. Well, well, thank you for doing that and also appreciate you providing access for us to be able to to view. You bet. You bet. Thank you. I get an Achilles replacement in the morning. I just found out about two hours ago. So, I'm in a mess right now. Now, there's gonna be three of us. I might be looking for help. Any other questions for the applicant? No. I'll make a motion if there's No, we're not there yet. Oh, sorry. No other questions. All right. Thank you, sir. Thank you. Appreciate y'all. All right. There's anybody else who'd like to speak in favor of this item? Anybody in opposition? Then I'll return it to the commission for any discussion and a motion. If no further u questions from my fellow commissioners, I'd like to make a motion to approved development plan 2025-35 DVP for approval. Second. All right, we have a motion and a second for approval. Again, this is final action by us. Please vote. And the motion passed unanimously. So sir, that's final action on our part. So it doesn't go to the city council. You're good to go. Thank you. All right. On to item number 11, zoning case 2025-39-Z. Uh located at the south side of Avalon Avenue between 3924 and 3936 Avalon Avenue. Is the applicant present? Sir, would you mind coming up to the podium? Uh, please please bear with me. Uh, I'm a senior person and I feel very cold right now and and English due to the English language barrier and the and and the and the and the memory uh issue. But uh my my son was supposed to be here to represent me, but he has a he has a family emergency. But that's why I write it down why I'm here. So sir, you're not you're not required to present. You don't have to if if if you'd prefer not to. Um but I just wanted to give you a chance to present and then for the commissioners ask you questions if they have any. But what your name and address? Sorry, what what is your name and address? Uh uh my address is 3936 Grimes Road and uh name of the my company is MYFI LLC. Okay, great. Thank you. So I I should not say anything here or if you have any question, right? Yeah. Oh, okay. I'm sorry. It's due to my English language bar. I'm sorry for that. Yeah. No, no, no. You're fine. But would you like to say anything? I think I think the the the gentleman I think uh when uh uh I Mr. Yeah. When when he was when he was uh he was discussing my case in in that in that room, he exactly uh he exactly explained what my request is, you know. Great. Thank you. Thank you. Thank you. All right. Did any of the commissioners have any questions? Ahmed. Sorry. Question for Mr. Bloom. Does this pose any challenge for construction equipment um being on site given the narrowness of the room? Would we encroach on neighbors property at all? Uh I really not qualified to answer that question, but um I mean it is an 80 foot wide lot, so they should be able to get onto it, but I'm not really qualified to answer that. Yeah, just on the back side where there's like 11 ft of space on the setback is where I'm concerned. If we're going to be going over on the neighbor's property while uh during it shouldn't need to go on the neighbor's property. It should not go on the neighbor's property. In fact, let me go back to the Yeah, we we wouldn't be able to authorize them to do that, right? Yeah. So, we can't authorize them to do that. They would have to have That's the only clarification I'm looking for. And typically, if they're doing Typically, if they're doing construction, sometimes they'll put up a construction fence being a general contractor. Um, and you could utilize a three-foot bobcat for drainage. You 3T wide blade, you can utilize a five or a six. So, they should be able to have enough room to navigate. And that small of area, a lot of times they use a littleer bobcat and they do a lot of hand hand digging to keep off other people's properties. Thank you. All right. Uh, anybody else would like to speak in favor of this item? Anybody in opposition? Then I'll return to the commission for any further discussion and a motion. I'll make a motion on zoning case 202539 ZC. Um, recommending approval to the council. We have a motion. Do we have a second? Second. All right. We have a motion and a second recommending approval. Please vote. And the motion passes unanimously. So, sir, it's it still goes to the council. The city council has the final decision on this, but it's going with a recommendation from us that they approve it. So, we're recommending that it be approved, but the city council will still have have to vote too. And speak slowly. Oh, sorry. So, we we have we are recommending approval to the city council. The city council will get to vote next and but they will have our recommendation that your request be approved. Yes. Yes. It's on April 10th. On April 10th. Yes. So you you will probably want to go to the city council meeting on April 10th if you can. Yeah. All right, on to item number 12. Zoning case 2025-44-Z located at 2546 East Growiler Road. Is the applicant present? Yeah. All right. Your name and address? Jason Bernol representing Freddy's Resources LLC, 2306 Penn Street, Irvin, Texas. Okay. Great. And would you like to present on this? Nothing to present. I just wanted to address Mr. Denny's comments about the the CIP, the drainage comments, and the the fire department comments that the intent is to um provide sufficient resources for that, including a fire lane and a drainage plan. Do any of the commissioners have questions for the applicant? I'll just say I appreciate you uh commenting. Okay. Thank you. Right. It's my understanding that you're correcting a code enforcement issue. That's correct. Okay. Thank you very much. Is there anybody else who'd like to speak in favor of this item? Anybody in opposition? No. Then I'll return it to the commission for any discussion and a motion. Commissioner Lightoot. If there's no other uh comments by the commissioners, I'd like to move zoning case 2025-44-Z uh to city council for approval. All right, we have a a second a motion and a second recommending approval. Please vote. And the motion passes unanimously. All right. Item number 13, zoning case 2025-61-Z located at 1405 North Union Bower Road. Is the applicant present? Yes. All right. Name and address, please. Very good evening, everybody. Uh, I'm Nancy Silva. This is my husband, Zetler. We are um our address is 119 Lavaka Drive in Irving, Texas. Um we are here uh on behalf of um Arteimus Group LLC to request a resoning for 1405 North Union Bower Drive. Um we are requesting the um this resoning to establish a pet cremation business b um under the pet passages franchise. Um the franchise is um established in 2011. It currently has 18 locations in the US and it has three in Texas, one in an Anna and one in um Marvel Falls and we would be the third one in Texas. Um, we want to offer this um, we want to give something back to the community and um, offer an an additional service for the city of Irving um, by giving people the the opportunity to have a personalized um, farewell for their beloved pets. So, not having to go to your vet and leave it behind and not know what happening to your pet or where it's going, but having it in one location where people actually can take their time to say goodbye to their beloved pets and their family members. Cuz some people need additional time to say goodbye to their pet. And at the vet, you always feel rushed or you always feel like you're kind of in an impersonal place where you don't have the the time to say goodbye to your pet. And we would like to offer um somewhat personalized services for those people that need an additional um service. Okay. And my name is George. I'm going to bore you with technical details after this speech. Um like most of the time we get questions about uh smoke and other on the stack itself. Uh we're going to use a state-of-the-art uh insation unit. uh it's standard for the whole franchise. So it's proven uh like the usability and also in Texas they approved already the ECQ approved these uh uh units. It does not have any smoke or anything coming out. Uh it's a dual chamber unit which makes sure that you don't have particles in the air. We have to comply with Texas law. You have to have a O2 unit in there that measures uh you know opacity. So it has to be less than 5%. Uh when it comes to order, it's not just the stack. The stack doesn't have any because of the dual chambers, but like animals usually, you know, like, oh my god, it's a dead animal. It's going to stink. Uh we have uh like we have really strict rules around Texas for that. Um and also by the franchise, we have to return the ashes in 72 hours after receiving them. And Texas law requires us to if it's not cremated in two hours, then it has to go to a freezer. uh and held under 28 Fahrenheit. So, there's not going to be smoke. The unit itself, noise wise, there's uh only like an air vent on it that's inside the building. It's not going to be outside. So, it's not going to provide any big noise or something. The unit itself going to be in the garage and that's where we're going to offload the animals. Also, when I talk about offload, don't think about 18 wheelers. We're going to have like a small uh utility van. It's a Mercedes mattress at most. We're going to have three of them at the same time, three animals at the same time because we provide pickup. Um, as as you know, like cars like how what is the traffic kind of stuff? Uh, or capacity probably going to be around 3,500 cremation per year, which is 10 a day. So, we're not going to have more than 10 animals a day cremated. Um, and it's mainly like people who want to keep the ashes. Also, Texas regulation. I know you had a question about uh what do we do with the ashes if it's on site disposed or something like that. Nothing going to happen. Like if somebody is not claiming their ashes, we have to comply with Texas and actually dispose that in the landfill with like with the regulation around that. So, I'm not going to be spreading ashes in the nature or something like that. Um I think that's most of the questions. I think you guys one more visibility when we upload the pets it's going to be in the in the uh building itself. So it's not nobody going to see and we also the the pets they not uh they not just free like it's kind of like in a funeral home when you have a body we going to have body bags for the pets that is required also by Texas. So Any other questions? Commissioners, you have any questions for the applicant? May I? Um, so I'm assuming you have one unit for the cremation. Um, what happens when the unit breaks down? How long before you're able to get it fixed? I understand you have a freezer or or cooling facility, which I saw on your application. Mhm. Are you afraid that it might pile up? So in the past like based on the operational units they never had that issue and even if we do there is another pet passages up in Anna it's going to take us an hour but we still want to provide the service and take the animals there. So it's I mean we're going to miss out on revenue but still we're going to take the animals to the place we not like I said we require to cremate in 72 hours. So got it. And since we're part of the franchise it's going to be the same company doing it. So we can still provide the same service. So we just have to drive the animals to our the location in Anna instead of doing it at our location. And is there a concern of more flow than what you can handle and um overcrowding the cooling system? Not really because everything is going to be like even we at 9 to5 business it's really um you have to sign up for certain time slots and if you know we run into that we're going to uh make that traffic go to the other locations because we only have two rainbow rooms. So there's a rainbow room is like a private room where people actually can say goodbye to their pet and we only have two so people need the time. So we can't plan more than two people at the same time per hour mainly. And where would you do loading from? Load loading it mean from the unloading I mean. Yeah. How would you It's going to be like we have a mattress van like a Mercedes mattress. It's like a cargo go van pretty much and it's going to be in the garage area. So the unit going to be in the garage. We're going to have the car backing into the garage and unloading there. So towards the back of the building. Mhm. Okay. Thanks. So, so for privacy, we'll have it in the back of the building and we'll drive the van inside, close the doors also for the privacy for the people and the pets itself as well. So, it will be all behind closed doors. Thank you. Any other questions for the applicant? Thank you very much. Thank you, too. All right. Is there anybody else who'd like to speak in favor of this item? Anybody in opposition? No. All right. Then I'll return to the commission for any discussion and a motion. Well, just in the spirit of discussion, um I just find this be a pretty unique uh application. I I certainly appreciate the the um the applicants uh presentation. It's um but in terms of thinking about land use and this type of um you know incinerator use in this particular neighborhood, I I have concerns about it being the uh right loca. I'm really not sure what the right location is for for this sort of um facility. Um so I'm I have hard times supporting it for that reason. Not not because I don't think it's a useful service, but for this location, it's hard for me to to uh support it here. Any other discussion? Can the city staff clarify what's in that area? Is it mostly industrial or it's on your land use map and your materials? He was asking about what was in the area. Is it mostly industrial? Oh, yes, that's correct. It's industrial. Great. Is it only indust industrial? Because I'm just looking at the map here and it looks like there's a Lutheran church and a viewpoint apartments that's not that far away. The general area is So, the future land use is industrial. There may be other scattered uses in the area, but from this point to the south, it's mostly industrial. I mean it's it's kind of a transitional Yeah. Yeah. Along I was with Growweiler there are some you know the apartments and uh the church but once you once you kind of hit gosh I forgot what the what the east west street is but once you do that south it's mostly industrial especially on Union power. Had you all considered that when you selected this location that the church was there and those apartments were Well, we've been looking for locations for a while because it's kind like like you said, it's kind of hard to find a location that is uh appropriate or or available. State state Texas, the state of Texas has a rule how far you have to be away from uh locations to start out with to make sure that you're you're not like too close to the neighbors. Um, we found this property and like like you said, most of it is industrial and the zoning is industrial and we want to be the reason why we picked the location is because we want to be accessible for people and since Irvin is big but also Dallas is big, we're hoping that we can provide the service for the whole Irving area and surrounding areas as well. So, we don't want people to have to drive to far out and be in some um very impersonal um warehouse location or or um where they have like only indust it looks very industrial and there's a car dealership or or car repair shop next to us that we want people to also feel like it's it's a place where you want to leave your pet and when you want to feel comfortable enough to do so. not thinking that your pet will be thrown with the rest of the garbage next to it if there's a garbage pile next to it or something. So, we picked the location wisely because of the neighborhoods very uh representable and it's mainly industrial around it as well. So, and you're going to comply with all the TCQ requ correct. It's very hard to get that approved to begin with. are already in the process of that as well. And there's very strict we're going to work with the fire department for fire relations. So, it's very um like strict when it comes to rules and Texas actually is one of the main uh or the strictest ones when it comes to the rules for So, you'll be a you'll be um in compliance with all the air quality standards and everything. Correct. We will not be able to open unless we're doing that. So, that's we have to meet all those requirements to be able to open to begin with. Okay. I'm kind of surprised by some of the questions and comments this evening. I thought your application was very thorough. I think your presentation's been excellent, Nancy. And I um don't see this as anything different than a funeral home that's in a local area, often adjacent immediately adjacent to residential areas, not even in only in industrial commercial areas. So with that in mind, I'm fully supportive of your plan. And if there's no further comments, I'd like to make a motion. Thank you. Is there any further discussion? I'll second. Well, I would also like to add that we only do pets. So, we don't do farm animals or anything like that. So, it's only pets and not anything like we don't do horses or anything like that. Too big too big on. All right. So, so now there no further discussion looks like. All right. Um, then I would like to make a motion for zoning case 2025-61-Z to be um forwarded to city council for approval. I'll second. All right, we have a motion and a second recommending approval. Please vote. And the motion passes six to one. Thank you. All right. Comprehensive Plan Amendment 2025-94-CP located at 11:01 West Royal Lane. Is the applicant present? All right, we come up front to work to present on both this and the next one, the companion case together. Yeah, good evening. That would be great if we could. Is it possible to combine the five? We have two speakers um here tonight. I I want to be respectful of everyone's time. My time is probably less interesting than the next speaker. So you get you'll get 10 minutes all together. Two two different sections. So you can divide up however you want. Uh but your name and address, please. Sure. My name is Steven Frzy. I'm with the Morgan Group representing the applicant. My address is 4890 Alpha Road, Dallas, Texas. Is there a way to click through this presentation or you'll do it on the keyboard, I think, or down below you. Oh, is it? It's in the drawer. Thank you very much. Sorry about that. Thanks. Uh, first of all, I want to thank staff um for their collaboration through numerous meetings um and thoughtful discussions that we've had on this project. their input truly made this project different than what it was at the start and we're very proud to deliver this project to the city of Irving and for discussion. Um, and not to to uh ruin the big reveal, but I do have it on my cover sheet here. So, I I am excited to announce that the anchor of the commercial portion of this project will be a Kirby Ice House. And so, it's unique to have a user already committed to the project at this point in time, but we're extremely excited that they're coming to the project. If you ask anyone who lives in Houston uh if they know Kirby, you will quickly realize that Kirby is a well-revered and highly successful um establishment. Kirby has plans to grow into DFW. And if we get your approval, Irving will be announced as the first location of Kirby's expansion into DFW. Russ Morgan, the president of Kirby Ice House, is here with us tonight and we'll tell you more about their exciting business. Uh this mixeduse development will be a vibrant project that will be an amenity to the residents and businesses of Irving and it will have a halo effect that will enhance the surrounding area of the development. So a little bit about Morgan. Morgan is a third generation family-owned development firm established in 1959 with a local office here in DFW. Morgan is a vertically integrated uh company encompassing in-house general contracting and property management. This is meant to ensure consistent quality and long-term stewardship of every project that we undertake. Morgan intends to hold this project long-term, underscoring our dedication to ensuring this development's success and integration into the community. Um, a little background information, the current land owner is an experienced and well-informed office owner. They have several large office projects in Irving and have owned them for many decades. Uh including the buildings across the street at Connection Drive. Since acquiring the property in 2014, the owner has determined that office isn't suitable at this location and due to several key challenges on the site. Um first and foremost, the most successful office developments in their mind today are ones that exist in a mixeduse environment, which is key to attracting the best talent to come back to the office. Um secondly, this site lacks highway frontage which was mentioned in the the uh meeting earlier today and it actually has a 30-foot drop from President George Bush and so has no ability to get future access to the frontage road. Um this limits not only office but traditional commercial users on the site. Third, there's an extensive competition for better suited office sites uh nearby. Uh the land owner selected Morgan to develop the site into a complimentary mixeduse project to enhance their existing buildings at Connection Drive. Um I I thought staff did a great job of of representing our project here, so I won't go into all of the details, but the way this project is designed is with two different buildings that span 11 acres and are integrated together by a prominade. Um and thoughtful architecture, which we'll show you in a minute. This project will be built in a single phase and will be permitted separately. As mentioned, Kirby Ice House will anchor the commercial portion of the development, which will feature expansive outdoor patio space that will draw traffic and energize this location. The second building on the left there you'll see will be a mixeduse building that houses 378 residential units as currently planned, integrated with a mix of commercial units, uses on the ground floor totaling roughly 30,000 square feet. These uses are strategically located along Royal and along the Prominade Street intentionally. Um, additionally, we are committed to delivering extensive walking trails that are outlined in yellow on this site plan for interconnectivity as well as to leverage the site's creek frontage um to enhance the uh amenity for potential residents uh office patrons and commercial patrons. Um, moving on to renderings. I won't I won't talk about these much, but this is our illustrative rendering on what we are in site that aligns with our site plan. I appreciate your time and I'll now actually invite Russ Morgan up to tell you a little bit more about the Kirby Ice House. Thank you. Good evening everyone. My name is Russ Morgan. I'm the president of Kirby Ice House. My address is 3000 Richmond, Houston, Texas 77098. I'd like to start by echoing Steven's appreciation and thank the city of Irving staff for their time, collaboration, and thoughtful feedback throughout this process. Your input has helped shape this opportunity into something we're truly proud to present. I wanted to give you guys a quick background on on who we are. Kirby Eyes House was born out of a covered land play for the Morgan Group in Upper Kirby in 2016. My brother and I partnered with a 30-year veteran operator named Danny Evans and saw an opportunity to create something different for the community. We struck a nerve by offering an upscale, safe, and clean environment for a patio, restaurant, bar that catered to a more mature crowd. Nearly a decade later, we now serve three communities with one under construction with a consistent formula. Extremely large indoor and outdoor spaces, typically 50/50, quick and professional service, and a laser focus on cleanliness and convenience. We're proud to say we are the cleanest restaurant bar in America. and even even prouder to be a place where generations from grandparents to grandkids can gather together. When you ask why Kirby, we like to say if you ask 10 people why they go to Kirby, you'll get seven different answers. That's by design. We've created a flexible gathering space that adapts to what our guests want. Whether it's a birthday party, high school reunion, corporate event, sports game, casual happy hour, or just a beautiful day on the patio with your dog, we don't tell people what Kirby is. We let them make it their own. And that approach has been working for almost 10 years. For example, every Thursday we average about 600 people booked in corporate events at just one of our locations. We're proud to be the go-to destination for corporate outings, holiday parties, and communitydriven events. We also host a significant number of charity fundraisers, and nonprofit gatherings, furthering our missions of being a true part of the neighborhood. our operations. Each location supports between 60 and 100 employees and we partner with local vendors because we allow outside food which boost ties with small businesses and give our guests more options and flexibility. As you can see in our numbers, our average store does 7 million in annual revenue, and all three locations consistently rank in the top 20 statewide for alcohol sales, while 80% of our sales at each location come before 10 p.m. We have also seen sales increase in the retail around us based on Placer data and from our discussions with our land, our mixeduse landlords. Our strategy, we we currently operate three successful locations in Houston with our fourth under construction in the Greater Heights. Each location acts as a true community hub. When you come to Kirby, you're bound to run into somebody you know. We don't just grow to grow. While our concept has been highly successful, it's also very difficult to scale because of the large footprint it requires. That's why we've taken a strategic and patient approach, focusing on only dense residential, highquality locations with long-term potential. We have found success by partnering with top tier mixeduse developers like Metro National and Howard Hughes, leveraging our strength as an as an anchor tenant. At our memorial location, for example, our landlord Metro saw a strong surge in foot traffic and retail sales. The Johnny Kaba Mia and the Torchy Tacos both opened after us and are the number one locations in the city. That momentum led Metron National to announce a 35,000q foot state-of-the-art retail center next to Kirby, shifting away from their original development plan. We're also seeing nearby land develop rapidly into additional retail, further validating the draw we bring. We believe Irving has the potential to be our first announced location in DFW. We're genuinely excited about this opportunity to partner with the city on something truly special for the community. The site is currently our number one site in DFW and has the chance to be our first location announced. As we continue to explore other options in Frisco, Plano, and Addison, we see this site as a unique opportunity to partner with our family business and bring Kirby Ice House to Irving as part of a thoughtful mixeduse development. Without the multif family component, this simply wouldn't be a viable project for us. But with it, we have a chance to create something truly special for the community uh in a location that otherwise wouldn't be able to make Kirby happen. That said, we're very fired up about this site and would love for Irving to be the first place that we plant our flag in North Texas. At this point, I'd like to open up to the commission for questions. Commissioners have any questions for the applicant? It looks like no. We have a video, but it it doesn't seem to be playing. Oh, never mind. This is a quick highlight video of what we offer. Yeah. So, these are three existing locations in uh upper Kirby, Houston, uh West Houston Memorial Area, and the Woodlands, which is further north. Secretary Merrick, did you have a question? Yeah. Is Is this one restaurant or is it multiple restaurants under the Kirby brand? It's one restaurant or one concept. Okay. And then I know we've seen a lot about the ice house, but is there Is there a presentation on the actual community village? Yeah, sorry. And sorry I kind of glossed over that. Um, if I can get back here. Um, and I thought staff did a great job of of presenting and I kind of mentioned it briefly in my presentation, but we do have this prominade that comes right down the street. Royals is along uh the frontage here and this right here is going to be uh is going to feel very commercial. So, we're committing to building these large storefront uh windows. This is where the uh in inline retail, general retail will be right across from the Kirby with the hopes to attract somebody there to benefit from the foot traffic that Kirby has. And so this is why we've kind of created this plaza prominade area to kind of in engage that use. The live work will continue on back um through here and then also along Royal this way to continue that commercial frontage look which is overall less general retail space for a commercial user. But we do believe um that a live work type of unit um since co has drawn a lot of attraction. Um, and so we we've seen some successful businesses um open up in projects like the Village Dallas, which I have a slide I'm happy to share uh there. But that that's kind of how we're working through and thinking about this as a mixeduse integrated community village. Thank you. Any other questions for the applicant? All right. Thank you very much. Thank you. Thank you. All right. All right. Is there anybody else who would like to speak in favor of this item? Anybody in opposition? No. Then I'll return it to the commission for any discussion and a motion. Commissioner Ahmed. I'll make a motion to approve comprehensive plan amendment 202594 CP for recommendation to council for approval from business office to community village. Second. All right. We have a motion and a second recommending approval. Please vote. Right. And the motion passes 4 to three. All right. Then on to item 15, which is the companion case, zoning case 2025-62-Z. Again, located 11:01 West Royal Lane. And what's up? April's refusing. Not this one. Uh, you've already presented, so I assume nothing further. All right. Um, is there anybody else who'd like to speak in favor of this item? Anybody in opposition? No. Then I'll return it to the commission for any discussion and a motion. I'd like to make a comment um before we move to a motion. Um, I actually have officed in two Pedmont realy buildings for my business and I've also done business in the third Pedmont. They are really strong operators and they create a wonderful sense of community between their buildings as well. So, we really appreciate um the quality of the product that Bemont has had uh as a management company in Irving. And I think this particular project is a really unique spin and something uh terrific for Irving. So I I thank you and and Mr. Morgan for bringing Kirby Ice House to to the area. Um I think it gives us an opportunity to stand apart. Any other questions, comments? Doesn't look like it. I'd like to make a motion to approve 2025-62-Z to be forwarded to city council for approval. Second. All right. We have a motion and a second recommending approval. Please vote and the motion passes 4 to three. All right. Then on to item number 16 and Commissioner Mirk is abstaining on this one. uh development plan 2025-81-dvP located at 9400 North MacArthur Boulevard. Is the applicant present? Ma'am, and would you like to speak? There's a companion case. Would you like to speak about the whole thing all together? Yes, please. Okay. Yes. All right. Um firstly thank you all of you for your time and um my name is Navata. Can you bring the microphone down closer to you? Sorry. Yes. My name is Navata and um address is 7304 Clementine Drive Irving 75063. Um um I'm trying to open a Indian restaurant and um trying to add alcohol just to complement the food but nothing major and alcohol is just going to be a small small part of my business and I hope um you all approve the application. Thank you. Great. Thank you. All right. Do the commissioners have any questions for the applicant? No. Great. Thank you very much. Thank you. All right. Is there anybody like to speak in favor of this item? Anybody in opposition? No. Then I'll return it to the commission for any discussion and a motion. And we're still on item 16 as regards the motion. Commissioner Pritchard. If there's no further discussion with with the other commissioners, I'd like to make a motion for development plan 202581 DVP. um be uh forward as the city council for approval. I'll second. So this one this one is actually final action by the planning and zoning commission. Okay. Approval just for approval. Motion for approval. All right. Is there a second? I'll second for final approval. All right. We have a motion, a second for final approval. Please vote. She's abstained. Oh, yeah. All right. And the motion passes 5 to one with Well, one abstension. Um, all right. Then we move on to item 17, the companion case, zoning case 2025-67-Z. Again, located at 9400 North MacArthur Boulevard. And did you have anything further you wanted to say, ma'am? No. Okay. All right. Uh, is there anybody else who'd like to speak in favor of this item? Anybody in opposition? Then I'll return it to the commission. Is there's no further comments from fellow commissioners? I'd like to make a motion for zoning case 202567 ZC be uh forwarded to city council for approval. I'll second. All right, we have a motion, a second recommending approval. Please vote. And it passes passes 51 with one abstension. All right. And that goes with a the first part's a final action, but the second part still goes to the city council. So you'll still want to go to the city council meeting for that part of it. All right. Then on to item 18. Somebody think that we're Oh, here she comes. Yeah. All right. Item 18, zoning case 2025-69-Z located at 2912 North MacArthur Boulevard. Is the applicant present? Good evening, Chairman Skinner, Commissioners, Miss Murphy, and staff. Sharon Barbosa Crane 2608 Allen Adale Irving representing the owner and the applicant uh this evening. And do you want to speak about both parts of this together? Yes, I do. Thank you very much. Uh as was mentioned by our planner uh in the work session. They are inextricably intertwined. However, we do have to present them separately and vote on them separately. And certainly you're able to approve the zoning case with and not approve the CUP. So that however put presenting them together I think makes more sense to everyone. Uh the these two cases are on a property that is located at 2912 North MacArthur Boulevard. It is an older partially vacant uh building on 1.2 acres currently zoned PO. The requested reszoning is for SP1 for CN. The comp plan future land use map recommends local commercial that continues to remain. There is no need or request to change that because it is uh compatible with both categories. The surrounding zoning is as follows. On the north is CO or commercial office. On the south is CN neighborhood commercial. The same is being requested for this reszoning. The east is multif family and on the west across MacArthur Boulevard is a s is an R six neighborhood. The request is consistent with the adjacent zoning and adjacent land uses. Deleted from the list of approved CN uses on the site plan is gasoline service station. Departmental comments showed no objections from traffic, none from fire, none from water, nor from CIP. Planning staff has opposed this as stated during your work session due to parking issues. We want to discuss those for just a second. Since the hours of the uh operation of an event center are not the same as those of other uses and those hours are controlled by the cup as is stated in your ordinance and is presented in this cup, then the need for parking spaces does not reach the level that has been described. One of those reasons is that when you look at the property today, it is not underparked. Of course, it is also partially vacant. Uh should the property be filled completely under this zoning or the zoning we requested, it may be that there would not be sufficient parking without the addition of the parking that Mr. Dwey, our engineer, has designed in this site plan as he has increased the parking significantly to where that it would uh take care of this site under either zoning were it full except for the event center question. So, we want to go to that question right quick because um we have applied a rule that we have been accustomed to applying when there are multiple uses on um a site and I'm going to read you that rule as is stated in your unit uh development code. It's section 4.4.3D 4.3D entitled exceptions. Groups of uses requiring vehicle parking space may join in establishing group parking areas with capacity aggregating that required for each particular use. Where that can be established before the building inspector that parking for two specific uses occurs at alternating periods. The parking space requirements of the use requiring the greater number of spaces may be applied to both uses in a combined parking area. An example, church and professional building. And that's end of quote. Since the event center will not operate when the other businesses are in use and since the hours of operation are controlled by the cup provisions, the use requiring the most spaces is the event center at our calculation of 43 spaces. staff I believe was 40 or 41. Uh when you go when you consider then the fact that there are multiple uses on the property, then you ask yourself the question the staff was posing is how do you enforce it? Well, that is the question that's always up in front of everybody every day in every single commercial property that exists in the city of Irving and some many residential. How do you enforce your parking? When you enforce it, this code enforcement the same way as you always have and it is primarily on a complaint basis, often on an observed basis by uh those inspectors who go from place to place and see those things that they need to address. When there are multiple uses on the property, it is the responsibility of the landlord to place only businesses on site that meet the parking allocation requirements of the property. Not doing so is a violation of city regulations and is addressed as a violation by code enforcement. I currently uh am working with folks who have this problem on their property and that they have nothing to do with the zoning case. This has to do with permitting and other such uh regulations but they have to solve this problem. So it's up to the owner to solve it and he doesn't get to do uh something that is in violation just because he has a problem. So you would have the same situation on this that you have on all of the properties today. uh you would expect the owner to abide by the regulations, install parking as he needs to, come back to you with the uh variance if he finds he can't even on his existing zoning, and then go forward obeying the regulations of the city. The request of the change is to create an event center in two separate locations on the existing property. This is an older property that the owners bought, hoping to renovate and remodel and turn it into something much more viable than it is today. Helping those tenants that are in there, which by the way could stay uh regardless of this zoning change because um CN is a commu a cumulative zoning category which includes PO which this currently is as far as the uses. Uh and the two different uh sections are a smaller one and a larger one. The obvious reason is the real reason because you have smaller uh activities and larger events and you have the opportunity to have both of them at the same time. Uh so uh we have to change the zoning because event centers can no longer occur anywhere except in CN CC or freeway zoning and also event centers which are as you has been described closer than the 500 ft to any residential uh use 500 that's and it's property line to property line uh or greater than 2,000 square ft in area must have a cup. Therefore, you have these two cases in front of you, a zoning case and a conditional use permit. This uh you know, we have a shortage of meeting space in the city of Irving event space as well as every other kind of meeting space. And to have a uh opportunities such as this gives families, businesses, individuals, other organizations the opportunity to have events to have a place that they can rent and have it the way they want in a decent, safe, attractive place uh that they feel comfortable going to and bringing their people to. uh wedding showers, baby showers, birthdays, anniversaries, reunions, uh business uh training, meetings, organizational seminars and workshops. These are the things that occur at event centers and you all have been to many activities in the various event centers that do exist around Irving. This would be another one added to that inventory. Uh we believe that this is a good use for this property that is underutilized and not in its most desirable condition. gives an opportunity to upgrade the property, renovate the property, add uses that are consistent. This is CN zoning. We're requesting neighborhood commercial. The property to the south is CN zoning. It's in a neighborhood. Neighborhood commercial is appropriate in neighborhoods. So, we're asking for you to change this zoning on this property for the greater and more practical use of the property. And then certainly the desire is to have the cup so that they can also have an event center. But I'm here to answer any questions you might have and we certainly solicitate solicit your recommendation for approval. And thank you very much. Sharon, question for you. Um, are they going to have BY there? It's an event center. I mean, more than likely you're going to have kinettas. You're going to have all different They're not going to have an RA. Okay. So, it's going to be B. Well, it could be, but you do realize that in order to have that, yeah, you can only bring in alcohol in two ways. You can have a BYOB if you apply with the city of Irving for a permit to have BYOB. It's not just you get to do it. You have to apply for your permit or if you have a caterer who has uh an uh the proper alcoholic uh beverage permit from the state of Texas, he can bring it in in that control setting as well. Okay. So, you have so you have legal settings in either case. Familiar with that. Uh the second thing is is what about the noise? Because the noise the doors and everything are going to be facing forward. So, they're going right into the residential neighborhood as people are coming in and out and in and out and everything else. Well, remember you got other similar properties surrounding this property directly south of it. These are doors that open up on MacArthur Boulevard, an 80 foot street. And so this is where that we have customarily put such activities is on a large street that uh so that it accommodates them not just the traffic but the access the to it in all ways. Not just access through the driveway but access uh coming uh through your transportation corridors as well. Okay. Any other questions for the applicant? No. Thank you. All right. Is there anybody else who'd like to speak in favor of this item? Anybody in opposition? No. Then I'll return to the commission for discussion and a motion on item 18. Um Ahmed. Yeah. So a concern that I wanted to present is that event center is directly in front of a residential street I believe Anderson Street and we spoke about um having to enforce parking on the lot and not overflowing. However, anybody can park on city streets. There's nothing you can enforce about that. Um, so if 12:00 at night, I think we talked about this earlier, their hours of operation. 12:00 at night, people getting out, crossing the road, jaywalking because there's no crosswalk over there, getting into residential street will be very disruptive in my opinion. Um, so this is where the close proximity of residential is very impactful here. Mr. Denny. Yeah, I share similar concerns. I I I thought the applicant made a very uh persuasive case. Um but I I think at the end of the day, I I share the city staff's concerns about um the potential for a more intense use. And um I think it particularly relates to the next um the the zoning case and um the the permit the cup that um bec because it's so close to the residents residential area the concerns about traffic and parking um it's hard for me to get behind this. Any further discussion? Do we have a motion on number on item number 18? If there's no further discussion, I'll make a motion uh to uh uh motion on zoning case 2025- Oops. Uh yeah, 2025-69Z uh to recommend denial. I'll second. All right, we have a motion and a second recommending denial. Please vote. And the motion passes unanimously. Item number 19, conditional use permit 2025-70-CU. And then the applicant already presented wherever you are. I assume you can't see you now. You're out of my line of sight largely. Um, but I assume you don't have anything further to add, chair. No. Okay. Uh, is there anybody else who'd like to speak in favor of this item? Anybody in opposition? No. Then I'll return it to the commission for any discussion and a motion. I'll make a motion to disapprove conditional use permit 2025 202570 CUP. Uh recommending council for denial. Okay. Second. All right. We have a motion and a second recommending disapproval. Please vote. All right. And the motion passes unanimously. All right. That is our last item. So we are the meeting is adjourned at 8:27 p.m. [Music] [Music]