[music] [music] [music] [music] [music] [music] [music] [bell] [music] [music] [music] [music] Heat. Heat. [music] [music] >> [music] >> Hey, [music] hey, hey. [music] >> [music] [music] [music] >> Heat. Heat. >> [music] [music] >> Heat. Heat. [music] [music] Heat. Heat. [music] >> [music] [music] [music] >> places. Come on. Come on. [music] [music] >> [music] [music] >> Good evening, ladies and gentlemen. is now 7:20 p.m. Welcome tonight's to tonight's planning and zoning commission meeting of Monday, February 2nd, 2026. Members of the Planning and Zoning Commission and the public may participate in this public hearing. All participants will be able to speak when called upon. At this time, I would like to explain the procedures to be followed during this meeting. The commission has both a consent agenda and an agenda for consideration of individual items. Individual items on the consent agenda are considered to be routine and non-contested. Item number one on our agenda is citizen comments and this provides the opportunity for members of the public to address the commission on items that are listed on the commission, excuse me, 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 disapproved by the commission, the applicant was provided a written statement of the conditions for the conditional approval or the reasons for disapproval. 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. This is the part that you all care about probably for individual consideration items. I will call the applicant or his or her representative 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 of and those willing, excuse me, wishing to speak in opposition will have five minutes each to present his or her comments. The applicant will have five minutes to answer questions or provide rebuttal if there is opposition. Prior to speaking, please give your name and city of residence. Remember to speak directly into the microphone as this hearing is report is recorded for the public record. Any handouts you wish to provide should be given to staff. Kenneth Bloom is the most convenient for you. Applicants are not required to stay for the entire duration of the meeting and may leave once their item has been heard. The next meeting of the planning and zoning commission will be Monday, March 2nd, 2026. So, the next item on our agenda is 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 very much. The next items are the consent agenda. Secretary Mrick, would you please read the consent agenda into the record? >> Yes, I have two items. Turn your mic on. There we go. Yes, I have two items. The first one is the approval of the planning and zoning commission's m minutes of Monday January 5th 2026. The second one is number 2026-6-plate Villas edition amended replat. This is located at 3607 through 3623 Portland Street. We'll accept a motion. >> I'll make a motion. >> Second. >> We have a motion, a second. Please vote. >> Motion to approve. >> To approve. Motion carries 8 to zero for the consent agenda approval. Um, Secretary Mrick, would you please read the consent agenda for disapproval? For disapproval, I have one 2026-5-PL quad edition number two, Replat located at 9006 King Avenue. >> I'll accept a motion to disapprove on the consent agenda. >> I'll make a motion disapprove. >> Second. >> We have a motion and a second. Please approve. Please vote. Motion carries 8 to zero. We will now move on to the individual items. The first item is zoning case 2025-365-Z. Is the applicant here? If you'll come down front, we'll hear from you. Please state your name and city of residence. Good evening. Uh, my name is Forest Brham. I reside in North Hills, Texas. 7612. >> Is the microphone on? >> If you could push >> the base of the microphone. >> Testing. >> Can you bring it up a little? >> Testing. Testing. >> Testing. >> Yeah, just a little higher. >> Testing. Testing. Okay. My name is Forest Brand. I reside in North Hills, Texas 76182. Um, I am not the applicant, but I'm here on their behalf. I I also registered to speak, so I'll give that time back. Um the proposed project, Courtz Conwin Creek, is a forale um housing project that's in partnership with the city of Irving uh soul development and housing channel. Um if we could go to the next slide, I'd like to >> You're welcome to pull the drawer out for the mouse. >> Oh, great. Excellent. The request is located at 381 Pleasant Run Road. Um, a lot of this was covered during the working session. And so I'll be brief, but it is a for sale project, as I mentioned, prioritizing 80% AMI households, up to 65% of the units, and then 80 to 81 to 120% AMI for the other 35% of the units. Housing Channel serving as the lead developer uh with sole development as the as the secondary developer. And Housing Channel has a long history, 30 plus years of working with the city of Irving, a number of successful projects. This is the context around the site. uh south approaching north on Pleasant Run Road. The site would be on the left coming up Pleasant Run Road. So there is a adjacent multif family project. Uh this is looking into the the bottom left photo on your screen is looking into the site. Uh so there is an adjacent multif family property with fire lane uh existing fence and some trees. And then coming the opposite direction up the north uh northbound side of Pleasant Run Road. Uh you can see in the top right here the the project peeking out there. uh the project site peeking out there, excuse me. Uh and then the adjacent multif family uh to the north of the property and then you can see the multif family to the west. Uh in the top left photo across the street, you can see some of the um uh schools that are across the street. So giving you some more u context here, there is a school site here. There is a um a community center and a park. It's walking distance to um public transit and to grocery stores. This was identified by the city of Irving as the market value analysis segment E. There's only a 3% home ownership rate in this area, which is why we're prioritizing home ownership for the development and why the partnership between the city and Housing Channel and Soul are so important. The property is uh organized around common area greens with walking trails, amenitized space. That is for sale um condominium regime. the project uh met or exceeded the standards of the original MF2 zoning, but um in response to SB840, there was new MF2 zoning written to protect the city's interests. And in respect for that, we're requesting these variances um to allow the project to move forward under what had previously been allowed uh for the site and what it was designated under. This is the updated site plan. A list of variances that which you all have received during the working session. believe you have most of this. A lot of this is in response uh specifically to the city's vision around uh missing middle fabric home ownership and prioritize working class class families and I will open it up to questions. >> This commission have any >> approve this >> questions for the applicant for Mr. Brown? Um I have one question. What's a zero energy ready home? >> So the zero energy ready program is being rebranded but it was the department of energy um establishing a benchmark for something that was more than code energy requirement but that would facilitate a home getting to net zero meaning it would not need to pull energy from the grid to operate. So it's it still uses grid energy, but if it were to include like solar panels for instance, it could be net zero, meaning it produces the energy it uses. >> Thank you. >> Of course, if you'll just pause um for a second, Mr. Brown, is there anyone else who would like to speak in favor of this item? Seeing none, is there anyone who would like to speak in opposition to this item? Okay, I will close the item to the floor and return it to the commission for discussion or a motion. If no further comments on Sony case uh 2025-365-Z, I'll make a motion for approval. >> I'll second. >> We have a motion and a second. Please vote. Congratulations, Mr. Brown. The motion carries 8 to zero. Thank you for your time. >> We appreciate the investment in Irving. >> Very excited. >> Moving on to zoning case 2025-429-CZ located at 1815 Durham Street. Mr. Furbush, would you like to speak? >> Yes. >> Good evening. My name is Darren Furbush. Uh I reside at 2315 East Newton Circle here in Irving. I'm with Blue Eagle Group and I'm here to represent my client uh Mack and his wife Karen Magnamera. They're requesting us to build a carport on their property and uh going through the process of permitting. We figured out there's some zoning that we needed to look at to make sure the property footprint or the uh project footprint was going to be in the proper place. So, we did come up with a uh from the southwest corner of the property. We found where the property uh line was and designated and we wanted to make sure we were 10t back from that property line and then make sure we were 5 foot variance on the uh east or the west side of that property. So, we make sure those two things were covered through our footprint. So basically that's it. I don't know if there's any other questions you may I think those are the two things that going through Dylan and working with him. Those are the two things that were the most >> Yeah. that y'all may have questions with. >> Anybody have any questions? >> No questions for the applicant. If you'll just pause. We'll see if there's anyone else who would like to speak in favor of this item. >> Mac, you will say that. Is there anyone who would like to speak in opposition to the item? I will close this item to the floor and return it to the commission for discussion or a motion. If there's no further comments from the commissioners, I'd like to move uh let me see here. Zoning case 2025-429-Z to city council for approval. >> I'll second. >> Thank you. We have a motion and a second. Please vote. The motion carries 7 to one. Thank you, Mr. Forbush. We appreciate it. Moving on to zoning case 2025-441-Z. Is the applicant present? Good evening. My name is Beth Growan. I'm on behalf of the DFW DFW Curling Club. Uh my residence is in Grapevine, but our current curling club location is in Irvine in 75063. Um, oh this is not the presentation that I had but um so we are a curling club 501c3 nonprofit organization and we are requesting to have uh on sale premise of alcohol to uh one the tradition of curling a long-standing tradition is called broom stacking and that is a kind of a long-standing tradition where everybody after a curling match uh goes sits down at a table, has a beverage, and um >> just it's community. >> Yeah, it just it's a community sportsmanship uh comm Yeah, just community connection. And so our curling club is also going it's very much like a country club in a way where it's a community hub for the community. We will be there for 10 years and it's a place to have birthday parties, private corporate uh events, um any sorts of celebration. And so having the on-premise sales of alcohol just is supplementary to that hospital hospitality uh unification of that ideal. And so that is our request. Any questions? Thanks. Does the commission have any questions for this applicant? Is there anyone who would like to speak in favor of this item? Anyone who'd like to speak in opposition to the item? Okay, seeing none, um I will close the item to the floor and return it to the commission for discussion or a motion. >> Thank you. >> Um I would like to say thank you for coming to Irving uh to do business. Um, and if we don't have any further comments, I'd like to make a motion uh on zoning case 2025-0441- CC for a recommendation for approval. >> Second. >> Thank you. We have a motion and a second. Please vote. Motion carries 8 to zero. And does this mean you're going to be leaving Valley Branch? >> Yes. Our new location is five miles south of the our proposed location. >> Yeah. Well, we appreciate it. Congratulations. And maybe we'll all become curling experts with you. [laughter] >> Thank you guys so much. >> Moving on to case 2025-442-Z. Is the applicant present? Hello. We were at we heard your case at work session. So we're happy to have you back. >> Yes, madam chair. Thank you. Tommy ma'am 500 Winstead building. I've organized each of the next two items into one presentation. >> That would be great. >> If I go a little over five minutes, forgive me. I'll stay within 10. >> Um >> you have you have 10 minutes. So that's good. >> It may take me that long to get the slide to advance. [snorts] All right. Okay. So Tommy man 500 Winstead building representing Corsite. Uh we have representatives from the company here tonight as well as our design team. What I want to say at the outset here is we've embarked on this process several months ago with the economic development partnership and we have endeavored to incorporate every piece of feedback we have received up until this evening and I'll try to point that out as we go. One of the first things we heard was PUD 6 is a strategically important site for us. Um we've the city has adopted new standards for data centers. can you live without that portion of the site? We said yes. So, we have not included the PUD 6 portion of the site. We are leaving the 400 foot depth of frontage on 183 for future development. And we're focusing on the 37 acres uh to the south this evening. When you look at that 37 acres, the context of the surrounding zoning, what we're proposing is consistent. There is either freeway or industrial zoning all around the site. There is a mobile home park. It is zoned industrially. I will address here in a moment what we're trying to do to address that. But that's a legally non-conforming use. We feel like the industrial zoning is appropriate. We only need the industrial zoning in order to request the cup for the data center from the developed context of what's around us. Uh the same there's a huge grade change here which provides for a natural separation between the PUDS portion and where we're proposing and sets this up well for future development. Around us we have industrial storage, the mobile home park, auto repair type places. We think we can build a beautiful facility that's a compliment and uplifts this area in a meaningful way. And we'll show you what that looks like. Get on the ground. You've been out there. These are the surrounding uses, the industrial storage. Note the number of power poles and things that are out there now. And I will talk about that in a little bit and how we're proposing to work into that. Um, so let's get into the details of the data center. First, it's really important to understand the difference between corsite and a hyperscaler. You've seen hyperscalers in Irving, and that is typically one customer or one tenant with an insatiable appetite for data related to AI that wants to take up the whole project and build it as fast as they can. Corsite is a multi-tenant collocation data center developer. It's a 25-year-old company. We'd all love to be 25 again, but that's very old for a data center company. Um, they know how to build these facilities. They own 30 in the country. They've never sold one because of their approach to multiple tenants. They don't need to build it all at once. They can be deliberate. They can grow with the infrastructural capacity of their city partners. And we are flexible in the systems and the things we can utilize. One of which was the request to do air cooled systems. We agreed to do that. Similarly, when we talk about power, all three of these buildings won't come online at once. We'll be able to meet the power that's available without placing too much strain on the infrastructure of the city. This is the site plan. It's three buildings. We're very much aware of the new data center standards. We intentionally requested zero variances from those standards. We have now tonight proposed an enhancement above and beyond those standards. One clarification, the 128,000 ft is the size of the footprint. These are two-story buildings. So, they're actually each closer to 250,000 square feet in size. Because of the way Corsite approaches these, they have a lot more design freedom than a hyperscale developer, and they're not being driven to create a facility for one tenant. So, they will build architectural features into these buildings. Uh they will have a pleasant aesthetic appearance intentionally. These are examples from Denver. Obviously in Santa Clara, we were able to go higher than two stories. In Irving, the Max is two stories and we're not requesting a variance. So something along the lines of what you see in Denver there. This isn't just a blank box full of computers. Let's talk about the enhancement we're proposing. So the mobile home park here across Maryland, we've got a large green strip between the curb and the developable area of the site that exists today. So, having heard your questions and some of the staff concerns last month, we set our design team out and we've offered voluntarily an enhanced landscape plan that adds 140 trees to the site between us and the mobile home park in that whole area where it's labeled there. It's a combination of ornamentals and substantial trees and cover and hedges and those sorts of things. Um, this is what it looks like today from across the street. The next rendering is with this landscaping we're proposing mature and our two-story building 300 plus feet away. It's barely visible because it's so far away and it's only two stories. And if you could see it, it's a pleasant building. And the building is what you want facing you in a data center. You don't want the generators or the substation. And that's very intentional. The building in and of itself will be a meaningful buffer from the noise from 183 uh as well. But we think we've worked really hard to come up with an approach here that is appropriate and meets the neighborhood as it exists. Dense slide, but let me just boil it down for you. In terms of infrastructural impact, this is a comparison of traffic that could be generated if the existing buildings were repopulated if a new warehouse went in or if we propose if we build this site. We are a 50% reduction in traffic from a warehouse and the types of trips are much less intense. So warehouse has trucks coming in and out all day long. Our main trips are the few folks who work here other than the trucks during construction. So as far as demand on the roadways, we're much less than what could go in on the site. All right, let's talk about power. And I'll have to do some explanation what we're trying to illustrate for you here. First, I want to be clear. We don't have to pull new lines all the way from the substation down here to the southwest. We can branch off of the existing high voltage transmission lines that already run all the way up to 183. Our preference and we understand the city's preference and if we could control encore we would just offer it as a condition tonight is to branch off at Growiler and come this way and not even have to come to 183. And that is possible. But what we've done tonight is model for you the worst case scenario. If we do have to branch off up along 183, we would think we would have to add two poles on 183 and these two dots here. And then these three would be at our site and we could pull them down past the PUD 6 parcel onto the northern portion of the data center portion of the site. And here's what they would look like if installed in these locations. This view is what you see today from the northern end of the stadium site. If these poles are added, you can't even see them, but they're there. And this isn't just me playing on Photoshop. This is our engineers using a scaled model and actually putting these things in place for you, so you could get a sense of how minimal the visual impact of these poles would be in a worst case scenario. Same exercise on the southern side of the stadium site, which is obviously closer to us, but that view is significantly impeded by the elevated highway. And again, you can see where the poles we would have to add would be. This is the worst case. We think even this worst case is extremely minimal and reasonable uh to allow this project to proceed. If all you had to decide data centers on was tax impact, this would be a very short hearing and a very easy one, right? U but it's still worth pointing out when you consider it in conjunction with everything else I just said. So we're not saying approve this because we'll pay a lot of taxes. We're asking you to approve it because we've taken great care to present a good project, but if we do get to proceed, the tax impacts are significant. This is just to the city. business and personal property, uh, $9 million a year, $171 million over 30 years. Sales and use tax, that's the purchase of the servers. The tenants will refresh those every few years and pay use tax, and that can be 10 plus 12 million in sales tax versus a warehouse. There's no comparison. When you couple this with all the care we've taken to minimize the infrastructural impact in our desire to be a good neighbor here, we think we've shown that we have incorporated the feedback we've received and we've presented a good project. We know the city is considering where they want data centers to be in the future. We hope that this is an example of how you want to see data centers approach sites in the future. Uh thank you for your time. Our whole team is here and happy to answer specific questions. I'm admittedly not an electrical engineer, but hopefully that helped. >> Does the commission have any questions for Mr. Man? >> Um, how you mentioned the power lines can be run through two areas. >> Yeah. >> But have you heard anything from Enkor like any idea? Is there anything that you can propose to them and they can tell you hey this a higher probability that it may run through here? I mean how how does that go? So we we have approached them multiple times and encore situation right now is and this is why they had you know their demand is so enormous across the state that they are hesitant to make any commitments but we hired our own consultant to perform a power study and have shared it with them and they have not said that we must go up here. What our consultant said was, "We got two options, and they both make equal sense. We've got to branch off those transmission lines that are to the southwest. We could do that at Growweiler and never come to 183 or we would branch up here." There are not any other scenarios, right? So, it's going to be one of those two. Um, Encore hasn't confirmed it. If they would, I would tell you right now. Um but that's why we tried to go into this detailed explanation for you to understand even if we have to branch off at 183. We think we can take great steps to minimize the impact. >> Did the consultant you hire did they give you statistically speaking what would it be more likely that the lines will go through where where the lines will go through? >> They didn't assign a percentage. I mean, to them, they think both scenarios are equally plausible and make sense, and frankly, one shouldn't be more expensive than the other. Um, and so we're going to push for the Growler option. >> So, we're at a 50/50, I guess. >> We got two Yeah, they [clears throat] got two options that work, so there's no others. So, yeah, we'll call it 50/50. >> Has staff received that report? >> Yes, we shared it with them. the route. I don't I mean, yeah, we've shared it with them. If we This would be easier if we could get Encore to stand up here and just tell you. Um but >> and you made a mention earlier about uh doing something about the residents to try to keep the sound down for the mobile home park across the street. >> Yeah. you had done some >> so the the existing data center standards require um either a minimum of the higher of 10 ft or above any of the equipment on the site in masonry screening. So we'll provide that. Um in addition we've added these 140 trees and additional landscaping. And then if you just look at the way the site is laid out frankly if I can get to the site plan slide for you. So they're over here, right? So they'll have several hundred feet before they get here. And then what they're going to be seeing um are the buildings, right? And we've put the infrastructure, the substation as far away from them as possible over here on this side. We've put the additional utility stuff down here where there are intervening uh industrial and commercial buildings between us and them. So everything's very purposely cited to be minimally impactful in addition to the screening wall and the landscaping. >> Pardon my ignorance on this question, but these power lines, let's say go through 183, how high is that cable wiring going through? I mean, is that a 20 ft hole? Is that like a regular metal tower that you see running along the west side of the east side of Loop 12? How will that look? What will that look like? These are assuming and Sony, correct me if I'm wrong, 80 foot poles, which the you can kind of see this one right here in this image. These are the existing transmission poles that they have out there now that we branch off of. So, we're not any taller than any poles that are already out there. Um, but again, we think we'd have to add in a worst case these two on 183 and then we can drop into our site. >> So, it will be similar to what is there right now. >> Oh, yeah. Yeah. >> Mhm. There's these are major lines that are coming this way now to get to that substation. So, we don't we just branch off of them. We're not doing anything bigger than what's out there. We're just connecting to them. So, it looks like two of those poles are off Maryland, but you don't have a rendering uh that shows what those would look like from Maryland or from the adjacent property across the street. >> Um, no. I mean, the best thing I've got, this is that side of Maryland today and the polls that are out there um that keep running. And then the transmission ones are they're coming up this side today on the other side of them. [snorts] And then you have all these light standards on 183 that are frankly the tallest poles out there. >> What's the vi the the option of going is it going underground even an option? >> We can underground once we get to our site, right? And we prefer to, but we can't force Encore to do it offsite. A couple questions. So my my understanding is the current use of the property is vacant. It's a former manufacturing or light >> like an O&M facility for a technology and distribution type company. And so is the current state of play that the the applicant is is this property under contract >> condition? We own it. >> Oh, you own it? Yeah. >> Okay. So, this is the owner >> uh and the owner is a data center operator. >> Corsite owns the property. Yep. >> Okay. >> Mhm. >> This is not speculative. >> Got it. Thank you. I think um >> you had a previous request on the site before they owned it and that was a warehouse that I think was asking for a parking variance. So we purchased it from that seller. So that that deal is gone. >> Personally, I like this data center project compared to some of the ones we've seen in the past. I like the multi-tenant idea and every business that we all are associated with, we probably use a data center of this sort somewhere in our business. So, um I'm in favor of the project generally speaking. Any other questions, folks? Mr. Man, if you'll just pause. We'll see if there's anybody in the audience. Um is there anyone else who'd like to speak in favor of the item? Is there anyone who would like to speak in opposition to this case? Okay, seeing none, I'll close the item to the floor and return it to the commission for further discussion or a vote. If um there are no other questions uh from my fellow commissioners, I'd like to make a motion for zoning case 2025442 ZZ be forward to the city council uh with a recommendation for approval. >> Can I So can I just make a comment before we vote? It's good because I know there's a recommendation from staff for denial. So I just thought >> Oh, not on this one. So we're just voting for this one. >> Let's let's uh hold on a second. Well, are we received comments? Well, I think they they kind of go hand in hand. So, let me just make a I'd like to make a comment. Um the um because I think the the change in the PL uh planning is motivated by having a cup available. Um, I know when I first heard this case, I was concerned about the residential nearby and the potential for Encore to locate lines outside city control. But when I visited the site, I think topography is significant. It's relatively isolated from other uses um and currently not used. Um, so in terms of considering sites for data centers, I I thought this checked a lot of boxes and I thought it was helpful to see a rendering of where the potential electric lines would go. So I I've I've kind of changed my view that I I all things considered, I I am generally supportive of this proposal. So I just wanted to share that. >> So well so I'll second the motion. Sure. >> We have a motion and a second. Please vote. Motion carries 8 to zero. Congratulations, Mr. Man. Um, we've heard uh all the comments for the um CUPC. >> Oh yeah, you're right. >> Yeah. Um so we but we will take these um step by step for zoning case 2025-443-cup. Mr. Man, we've heard from you. Is there any other questions from the commission for Mr. Man on the CUP? Okay. Is there anyone who'd like to speak in favor of this item? Anyone in opposition? Okay. Seeing none, I will close the item to the floor and return it to the commission for discussion. And this is on the CUP. >> I have a commission or I have a question for staff. Um, if they do the tie on to the line, is that still going to aesthetically affect our PUD 6 by them doing a basically a center line tap >> instead of running it? >> Maybe on my pay grade. Um, yeah. [clears throat] I I I don't >> Instead of showing what y'all were showing that is he's got to go from here all the way up, they're talking about doing a basically a tap into the line to draw the power down to his station. So, it's not going to be as many poles, as many infrastructure that has to be added in order to bring electricity to them. >> Yeah. I mean, if they pull 183 down Maryland and over into their site, then yes, that would reduce the number of poles on in front of the PUD 6 property. >> Um, >> but if they go Garwheeler, it's basically >> none, right? Right. >> So, whatever they can do to minimize the any poles on the 183 frontage is what would be ideal. >> Okay. in work session. Just to remind everybody, we did talk about um related to the CUP if there might be a stipulation for the air cooled system to be included in the CUP. You're okay with that? If there's no further discussions among the commissioners, uh, I'd like to move zoning case 2025-443-cup with, uh, the stipulation of having air cooled, um, system installed uh to city council for approval. >> Second. >> We have a motion and a second. Please vote. Mr. Ma'am, you have a deal from us. Goes to city council for February 12th. Thank you, sir. Thank you all for core sight. We appreciate you all spending your evening with us. >> Okay, we're moving on to um zoning case 2025-44-Z. Mr. Dwey, come on down. Good evening, Chairwoman Haka, members of the commission. I'm Jim Dwey with JDJR Engineers, 2500 Texas Drive, Sweet 100, Irving, Texas. I'm here tonight in behalf representing um the hopeful developer who has the property under contract. He would like to build a multi-tenant commercial strip center here, a small one around 11,000 square ft. There is a concept plan. Uh even though it's not required for an SP2, it was provided. So, you kind of have an idea of what's being proposed tonight. We're coming before you asking for a variance, but not a variance to the zoning ordinance. We're complying with all requirements of the existing zoning C U CN. All the uses we're proposing falls within that category. But we are requesting a variance to a requirement that's in the code of ordinances, but not within the land development code. It's a requirement about setbacks along belt line. and I think maybe 183 and there's a couple that come follow within the same category. The required landscape setback is only 10 ft. But section 33A of the code of ordinances requires that parking has to be 30 ft away. And for one of these centers to be successful, they need two rows of parking in front of the building or they simply won't can't survive. And with 30 ft of landscaping, even though we can only a required of 10, if we have a row of parking, it makes the building area too small. And so, real quickly, I'd like to hand out a a graphic >> [clears throat] >> I provided this graphic so that you can see that the request the variance request we're asking for is nothing that it matches the CVS next door. We're not asking to set back or have our parking any closer than CVS. We perfectly align in that exhibit. You can see I drew a red line along the line. And we're not asking for a variance to any of the landscape requirements in terms of trees or shrubs. So, we're providing all the required landscaping. We're simply asking for this variance to uh a requirement that's not in the land development code uh so this business can be successful. With that, I'd be glad to answer any questions you have regarding our request. >> Mr. doing uh this for this size this property size building you're making which looks to me like fits very well. What's what do you envision that occupants? What type of businesses or whatnot would would be able to go in there? >> Well, businesses that accommodate neighborhoods, uh you can have offices, you can have a restaurant, you can have retail and personal services. salons, dry cleaner, those type of things that there's a lot of residences around here. A lot of them are apartments, but there's a high, of course, belt line has a very high traffic count. Um, so those type of uses is what we're anticipating. Now, the developer doesn't have anybody online yet. You know, he's waiting to see if we can get this variance, move forward, close on the property, then come back and submit for a building permit. And I think then he'll start advertising for tenants. If you had a restaurant there, would you still have enough space there for the what would probably be the required parking? >> It depends on the amount of restaurant and your other uses. You certainly couldn't occupy that building fully with a restaurant. Today, after CO, a lot of these restaurants don't have as much seating as they used to, but we could accommodate a small restaurant or eery, cafe, sandwich shop, and still have plenty of parking for other uses. >> [clears throat] >> Offices require 1 to 300. Retail is 1 to 200 and restaurants are based on seating one to two and a half seats I believe. And so kind of depends on the seating and how much is offset by other uses like office. >> Well, looking at your space there, I have to say uh I could support this. I think it's a good use for that property there. >> Thank you. And again, the uses are all allowed in the zoning. We're simply asking for the different not to have to be 30 foot to the parking and a line exactly like CVS. >> Well, it does line up with the CVS parking all the way across. >> Mr. >> Go ahead. >> And Mr. Dwey, only question I had cuz right over in that area, you've got the CVS and then I thought there was like some flooding back behind that that area. >> Flood plane. >> Yeah. This property, this entire property was in the flood plane. >> Okay. >> And when this was developed, it was actually developed as a pad site with the residential subdivision just to the north. That is a large creek running through there. Does have a very wide flood plane. Um, we were able to fill get permission to fill the property. It actually had quite a bit of wetlands on it which was jurisdictional through the U from FEMA and the core of engineers. The maximum amount of land that we could reclaimed not by filling and getting it out of the flood plane but by limiting the amount of wet lands that could be filled in was an half an acre. So you can see the lot is substantially bigger, but our buildable area was actually uh kind of reduced due to regulations regarding wetlands. And the blue area on that graphic that they have up is the current flood plane. The blue with the red hatching is flood way uh which is far more difficult to get permission to fill in. and we're staying out of that area and have stayed out of that area. >> Well, there's actually the creek is just to the north and that's all floodway and just to the north of that large creek is the residential development. >> Okay. Thank you. >> And just so you know, in this area belt line 100year flood or a flood that has a 1% chance of happening in any year doesn't go over belt line. Belt line is inundated during those types of floods. Any other questions from the commission? Is there anyone else who'd like to speak in favor of this item? Anyone in opposition? So, we'll close the item to the floor and return it to the commission for discussion or a vote. >> Um, if no further comments, I'd like to make a motion on zoning case 2025-444-Z for recommendation for approval. >> Second. >> We have a motion, a second. Please vote. Motion carries 8 to zero. Your case is scheduled for February 26 for final vote with city council. Thanks, Mr. Dwey. Good to see you. >> Zoning case 2026-15-CP. >> Good evening. My name is Jake Reichenstein. I reside in Greatvine, Texas. Uh I purchased this property about a year ago. Currently on the property there are two buildings. Um one is a warehouse type building and the other is more of a residential house. Currently this track of land is one solid track. I'm attempting to split it into two sections isolating the house which is 107 East Pioneer uh to become residential with keeping the warehouse zoned I believe it's zoned community CC community commercial. um and dividing those two properties um so the buildings can be used more for their intent. Uh the house at 107 is a two-bedroom, one bath house and there's no real purpose that it can be used for for commercial use. Take any questions. Um, just because I neglected to say, um, the companion case is 2025-449-Z. So, we'll take a vote separately on those, but >> yes, >> if we have any other questions for Mr. Rackenstein, we could probably address them while he's here. Just hold for a moment then. Um, is there anyone else who'd like to speak in favor of the comprehensive plan case? Anyone in opposition? Okay, we'll close the item to the floor and return it to the commission for discussion or vote. If there's no further discussion amongst commissioners, I'd like to move zoning case 2026-15 CP to city council for approval. >> Second. >> We have a motion, a second. Please vote. Motion passes for the change in the comprehensive plan. Um and then for zoning case 2025-449-CZ. Just for formality, we need to take these step by step. Um, we heard your presentation just now, but this would be the change for the um, zoning case. Any further questions from council from the commission? Okay. Anyone else you'd like to speak in favor of the item? Anyone in opposition? Okay, we'll close the item to the floor, returning to the commission for a discussion or a vote. >> There's no further discussion amongst commissioners. I'd like to move zoning case 2025-449- city council for approval. >> Second. >> Okay, we have a motion in a second. Please vote. Congratulations. This also passes. So, both cases will go to the city council on February 26. We encourage you to present your case to them and they'll take a final vote. Ours is just a recommendation for approval. >> Thank you. Okay. Thanks, Mr. Renstein. [snorts] Uh, moving on to item number 13, zoning case 2025-456-cup. Is the applicant present? >> Yes. >> If you'll come down and give your name and city of residence, please. We did hear your case um at length in work session, so we covered a lot of ground. >> Yes, ma'am. >> But you're welcome to offer any remarks. >> Okay. My name is Philip Fowler from Arlington, Texas. Thank you, chair. Thank you, commission. Uh, I'm presenting this case tonight on behalf of ownership. Ownership is a daughter and mom. They're Irving residents. Um, so they know the property and they've invested for multiple years. What we're asking the city is to give us a a change of use. Right now we have an R2.5 which is a uh four family quadplex and we're asking to keep it still a quadlex but we would like to use it as an assisted living which is an R4 occupancy which is life safetyheavy. So it's kind of with a sprinkler system but we would still stay four units with a kitchen and a bathroom. Um, and the two homes are one block away from each other. So, they would service each other. And the the mom and the daughter would be the uh the business owners. It's not for a corporate interest. And that's it. >> Yes, ma'am. >> Thank you. Any questions for the applicant for Mr. Fowler? Do they have any other homes that they're operating now or is this their first venture? >> This is their first venture. Uh I would say they're supported. Uh my family's been in the home healthc care business for 15 years in regulations. So they've got good support with their regulations and and staff to help them. >> Would you repeat that again? >> Yes, sir. for their operations. They've they've got a company that's my family-owned company that has 15 years of history with regulations. So, they've they've researched and they have a good uh support staff in place for operations. >> So, they don't they own these, but are they going to use a management company to manage them? >> Oh, no. Sir, they're going to self-manage, but they will have a third party oversee that they they're maintaining all the regulations. >> Okay. Uh is there in the way they this looking at the buildings is there a plan to have a any lobby area for when visitors come to to to >> there? Not really a lobby area. You've got to have 15 square foot per occupant which we're going to have a a formal a kind of living and dining because we're not going to separate these homes. So it's we're making more of a residential setting than of an institutional setting. So you don't have a a res you don't have a um >> a community. There's not a community. It's it's your own private living room. >> Okay. So how how are you providing the food? In other words, >> so one of the one of the kitchens will be the predominant area of cooking and then the staff will distribute food from the predominant kitchen. The other three kitchens, we're going to design them kind of like more of a kitchenet, but the two front units have a larger footprint. They're larger. And so that one of those kitchens or two of those kitchens would be the dedicated cooking area. >> Okay. Um, so you mentioned like the mother and the daughter are going to be managing this property. >> Yes. Right. >> Is that what they currently do for for living in somewhere else for a company? Is that their employment or >> That's they currently do not know they do not do assisted living. They've been in home health care where they've went out and took care of people but they haven't taken they have not made it to this level. So what will be the difference between home health care and this? A home health care is for a client that stays in their home and kind of you see people go do daily care for them, help them with feeding, help them with bathing, more only for a couple of hours. Where assisted living will have a 24-hour staff, which you still have your independent living and you just get support with that, more of an on call service. and and we've got a large population that's aging out of their homes and that's what's driving this industry and this kind of model keeps it more like a residential feeling. >> So the the operators do they have to be nurses or do they have to be >> they do not they they do not have to be nurses. They have to be have a manager certificate and they both have their manager certificate. you. They're not designed to be practicing or doing health procedures in these homes. You're just they're just made to make an environment that someone is safe, but they're allowed by the state to have a nurse come in and administer care. If somebody needs really a lot of a lot of uh medical care, they're going to u place themselves out of a facility like this. >> Thank you. Yes, sir. >> Um, how how they I know from experience if you're in assisted living, I mean, it's exactly it's just assisted, but a lot of the people that go in there have to have pill management and your pill managers have to be certified. >> Yes, sir. They have to be certified and the pills have got to be locked. We use the the pharmacy that we use, they have the locking u cart that they push and then we put that behind another locked closet and those persons are certified to distribute the medication. >> And you're going to have [clears throat] is one individual or you going to have for each for each building on or is one person going to be doing both? What what we proposed in the pre-development is having connector doors between each unit so that the >> between bluebird and redb bird. >> Oh no sir they would be separate each building would be operating independent. [clears throat] >> Okay Mr. Foul, if you'll just hold while we see if there's any other uh guests in our audience who'd like to speak in favor of the item. Anyone in opposition to the case? Okay, we'll close the item to the floor and return it to the commission for discussion. >> I've got one more qu one more question. >> Yes, sir. >> At this at this point, have they determined about what the the the price point's going to be per room? It's going to be not per room, but per a bed. And I would say it's between four and $5,000. And >> you basically each one's going to be a twobedroom. >> Yes, sir. >> Lit up. >> Yes, sir. So that someone would have a companionship because they're two they're two bed. No, we're not going to stack these. >> No, no, I understand. >> So every, you know, each client would have their private bedroom. So because there's we they're two bedrooms per unit. >> Okay. And e, you know, I propose that the max that it could be in a building would be 10, but it's more ideally eight. And just keeping with that the footprint of a private bedroom and then your own private closet and then you'd have the community space that you could come visit with your roommate. >> So you Yeah, you do have two individuals. >> Yes, sir. >> Each one. >> And I'm assuming y'all are going to be doing an extensive remodel on these, correct? to meet the standards for the state. Yes, sir. Interior, the exterior is pretty much going to remain the same. Uh some of the there's going to be a lot of ramping that's going to have to happen on the site. >> And sprinkles. Sprinklers. >> Yes, sir. Yes, ma'am. Sorry. And you know, we have to put a d We have to get another water meter. So, then we have to do a utility easement on the front. Any further discussion? >> Will these when y'all do your revamp of the uh facility, you know, the units, are you going to keep individual electric meters and all this stuff on them? And >> yeah, we we weren't going to change the utility because we wanted to keep the same addresses. We weren't going to go back and do that. We were going to keep the same addresses and keep the utilities as they are and just add the water meter. >> Okay. >> Or for the fire sprinkler. >> And out of curiosity, somebody mentioned this I think on the working session. Are the each apartment going to be connected? >> Yes sir. >> So there will be a door that >> Yes. so that staff can move quickly through the building and >> and it and when in pre-development it worked with life safety. >> We're getting a question clarified. >> Yes, ma'am. >> Of our staff. >> Yes, ma'am. >> This is new for us. >> No, this is this one's a it's it's tough. It's a new industry and there's just there's a lot of regulations. There's a lot going on with these little buildings, but I I do think they serve the community. Hey, while we wait for that, maybe you can help us a little bit with that with that regulation by the state. Can you tell us a little bit about that that they have to go through the owners? Well, the the first thing is, you know, we've got TDLR, which is architectural barriers. So, you know, in the bathroom, it's it's got to you take the bathtubs out and do a roll-in shower. Very simple. Wall hung sink. So, it's it's very clean. The kitchen, you've got to be able to turn a wheelchair around in. So, it's very simple there. We do 20 minute fire rated painting on it. All the finishes have, you know, got to be able to be cleaned. Um, and also the outside there's got to be a little bit of landscape. So, it can't be just let go like a rental. It's it's got to have some standards of appearance. U you know, on the exterior, some of the homes over there, you just see the paint flaking and they've let the buildings age. That's not accepted for this use. There can't be any paint uh that's aged to that point. So, it's got a high standard of upkeep and and inside, you know, everything has got to be operational and it's inspected once a year by the state and these things have got to be polished. >> What is the square footage? >> 2400 20 2470 >> for >> for the whole building. And how each bedroom is or is >> um each bedroom's about 11 by 12. So it's about 130 square ft. Okay. U minimum for the states 100 square feet for a client. At this time, I'll ask for a motion on this case. comments. If there's no other comments from my fellow commissioners, I'd like to make a motion for zoning case 2025456 CUP uh to be moved to city council for disapproval. Second for disapproval. We have to vote on this >> or does the motion fail? >> Motion fails. So, we will expect we'll ask for a motion for approval. >> Uh I'll make a motion for zoning case 2025456 CUP uh for appro uh recommendation of approval. >> I'll second. >> We have a motion, a second for approval. Please vote. Um, we have a motion to approve at 7 to 1. It will go to city council on February 26th for that with that recommendation. So, you'll want to be at that meeting. >> Yes, ma'am. >> Thank you, everyone. Um, we're going to move to your second case and and this was for an unlimited period of time, indefinite period of time for the CUP. We didn't put any restrictions on the CUP for the time period. >> Yeah. The default is unlimited unrestricted. >> Okay. >> Default as well. >> Unlimited. >> It'd be good to clarify, but that's a default. Um so zoning case 2025-457 CUP. Uh Mr. Fowler, we um certainly heard your remarks about the first case. These are very similar. Do you have any additional information to share about this case? >> No, they're identical. The the parking's orientated a little bit different, but the parking is adequate. U they're they're the same project. Okay. Anyone who'd like to speak in favor for the item? Anyone in opposition? I'll close the item to the floor, return it to the commission for discussion or a vote. I'd just like to make one comment. You you understand on a c when we do the cups that if it's not following the criteria of assisted living or whatever, then it will be brought back before us to change it back to a current zoning it is now. Correct. >> Correct. Yes, sir. >> Okay. >> If there's no other comments from my fellow commissioners for the same reasons, I would like to make a motion for uh zoning case 2025457 CUP uh be moved to city council with a recommendation for disapproval. >> Do we have a second? So, the motion fails. We'll accept a motion for approval. If there's no further discussion amongst the commissioners, I'd like to move zoning case 2025-457-cup uh to city council for approval. >> I'll second. >> Thank you folks. Um we have a motion and a second. Please vote. Motion carries 7 to1 and city council will see you on February 26. >> Thank you sir. Um, we're moving on to zoning case 2025-458-ZC. Is the applicant present? >> Good evening. I'm here on behalf of my father, Santos Sanchez. Residency is 1510 Whispering Trail, Irving, Texas 75060. Um, I did hear a comment earlier about um how long the roof has been there. Uh, it's a little more expensive to take one down and then take the other one down. Um, also I would like to uh postpone if that's okay. Yes, there was definitely discussion about the rear and the sideyard, and we do appreciate your interest in postponing this indefinitely so you can visit with staff again. >> Thank you, ma'am. >> Okay. Thank you. So, um, is there anyone else who'd like to speak in favor of the item? Anyone in opposition to the item? I'll close the item of the floor, return it to the commission for discussion or a vote. If it >> actually I have a couple of questions. Uh when did y'all build the carport? >> Um I want to say it was at the very end of this this past year 2025 somewhere. I want to say maybe November, December. I know there's um the reason I as so I want to postpone is because there's been different information given to me because I've been here with my father and I've actually had um a a few people tell me different things >> and y'all are wanting to still keep the back portion. >> So the plan is that um so we were told Yeah. that that's that's the issue with the back is that we have the um the encord the lines. Um, and we did have uh somebody go out there and speak to us about it because the roof is covering about the whole thing. And they were we were told that we were able to cut it halfway because it's like five from like our um our brick wall 5T >> to just kind of avoid >> Are you aware that that's going to require an additional variance on the back of your property >> that is not on this? >> That's why we're >> Yeah, that's a Yes, sir. >> postponing. Okay. Okay. >> Yes. Sorry. Because u the reason as to why we were here is cuz we were informed that it we were supposed to be here due to the side the side one cuz it is the side and then there's like it's a little L. So the side is most of it's covered and like you probably have enough for like a little shed in the corner and that space is open. And then the uh the other back side we have the rest of it. [clears throat] If no further comments, I'd like to recommend recommended for postponing for postponement Sony case 2025-4 5A-Z. >> Thank you. >> Indefinite. Correct. >> Yes. Indefinitely. >> Inde. >> Thank you. >> I'll second. >> We have a motion and a second. Please vote. We have a motion and a second to postpone indefinitely. Uh 8 to zero. Thanks. And if you'll get with staff this week or next week. Thank you, ma'am. >> Moving on. Moving on to zoning case 2025-476-ZC. Is the applicant present [snorts] >> postpone? >> You don't have to. >> Would you all like to entertain or p uh postpone it or proceed with that? >> If there's not any questions, I'd make a motion. >> Yeah, >> I'd like to make a motion for zoning case 2025476 ZC. Uh uh >> hang on just a quick second since there's um the applicant is not here. Does the commission have any questions for the uh sorry moving one more step? Is there anyone who would like to speak in favor of this item? See no one here? Anyone in opposition? Okay, seeing none, now I'll close the item of the floor and return it to the commission for your vote. Mr. I'd like to make a motion for zoning case 2025476 ZC be moved forward to uh forwarded to city council with a recommendation for approval. >> I'll second. >> We have a motion, a second. Please vote. Motion carries 721. She's the my competition. >> Yeah. Um we're we're going to we have uh master plan I know is here. Um but we're going to take a special fence plan so that we can keep your two cases together. All right. So for special fence plan 2025-477- SP is the applicant present. if you'll come down. Name and uh city of residence, please. Good evening. Uh my name is Ahmad Halabi. I live in Irving, Texas 75063. Um I'm doing I'm trying to extend our um fence in order to provide a safe uh play area for my family, my kids. I have a 4 years old and a 2 years old and a 2 months old. and um um amazing wife who's taking care of everything at home. Uh so I think this kind of will help him have um since my backyard is limited with the existing uh pool, this will provide a a safe uh play area for them. I truly appreciate your recommendation for approval and I'm here to answer any questions you may have. Thank you, Mr. Hal Halipi. >> Halabi. >> Halab Halabi. >> Yes, ma'am. >> Thank you. >> Is there anyone else who'd like to speak in favor of the item? [snorts] Anyone in opposition? I'll close the item of the floor, return it to the commission. >> I had a question. U is there a HOA in your >> There is. Yes. Uh, and um, uh, I got an approval before uh, a year ago and um, we couldn't finish the um, project back then, but now we're back at it again and I'm planning to apply this week, reapply this week. >> Okay. >> I actually serve on the master board for Valley Ranch. So, uh, I spoke with the office today. They indicated they do not have an ARC application at present for this fence. So if you you just double check and make sure >> I did I didn't I applied the year more than a year ago going to reapply. Yes. >> Yeah. They just may need to be sure. But I would just double check to be sure that you have the approval from Valley Ranch before you start. >> Thank you. Um my question I was going to ask this I think I forgot. Um I think was to Cody. Was traffic okay with with this? Uh was there any concern regarding traffic? >> Um there is an existing sight line that's out there. They are on outside of that sight line. So that would be what our concern would be here. So they're they're not in conflict with that. This is also a question I neglected to ask in the work session, but a fence can be constructed. It's just that it would have a max height of 4 feet and it would have to have 50% through visibility, right? >> Or it could be 20t back. So, they're wanting to be closer than that 20 ft. >> Okay. >> With an 8 foot >> fence. Yeah. Yeah. They can be taller and solid. They just have to be further back. >> Mhm. >> Well, if no further comments on special fence plans 2025-477- SFP, I'd like to make a recommendation for approval. >> Oh, sorry. Is it the Oh, no. Looking for a second. >> I second. >> An exception as long as the HOA approves it. >> Yeah, there. Yeah. >> Something in their HOA. >> No, he he knows he has to go back to the H1. >> Second. >> Okay. Commissioner Khan did the second. We have a motion and a second. Please vote. I didn't I didn't hear say that. >> It passed 5 to3. Um it does go to the city council. Uh no, actually does it go to city council? >> Okay. It does go to city council for approval on February 26 with our recommendation of 5 to three. >> Okay. Thank you everyone. >> Thank you sir. Okay, master plan. I'm sorry we kept you waiting so long tonight. It's the nature of naming numbering cases, but you have two that you can present together and have 10 minutes if that's acceptable. So the first is is the um comprehensive plan 2026-13-CP and the zoning case is 2025-478-ZC. >> Yes. >> Name and name and res name and residence please. >> Good evening. Andrew Ruig, uh 3333 Wellbourne, uh Dallas, Texas 75219. And not a problem at all. It's where you land on the agenda, so I'm I'm used to these things. and uh thanks for sticking with us tonight. Um I'm here representing the property owner for these two cases at 101200 and 300 North Rogers Road. Um I think the primary issue in this case, which I'll point out several items related to it, is the comprehensive plan component. Um our request has the comprehensive plan piece and then the reasonzoning piece. what we're really trying to do and I think this was uh talked about in the work session and I've heard a couple questions. I hope I uh can answer but happy to answer questions as we talk through this. Um we are requesting uh ML20 light industrial zoning for warehouse and outside storage uses. Warehouse we'd like to repurpose the existing uh building that is Southern Junction for a light industrial or warehouse type user. And the outside storage, we've also called that lay down yard um in our um application items would be on the vacant piece of property or I guess primarily vacant piece of property on the eastern side of the site. A couple things I wanted to point out on the site area. You know, I also it was mentioned that, you know, these are two sites separated by North Rogers Road and the reasoning for that is uh Southern Junction has some parking issues that are tied to one another. So that's why we're bringing them forward together um as part of one request. Um if you look at these uh two pieces and really this area in general uh bounded by the railroad on the south uh Irving Boulevard up there on the northeast this is primarily a light industrial type area. A lot of um warehouse automotive storage type uses. Really the I guess I'll call them the odd duck in the area really is Southern Junction at the moment. um you know way back when I think pre205 or so this was uh zoned SP2 for ML20 and I'll I'll point out some of those other items. Um and then one other thing I wanted to showcase on this aerial I think I can Here we go. Um, one, you know, a a a typical user or a user that we'd like to have, um, as an example. There's a couple, but, uh, McGee Electrical Services to the north of us has, uh, you know, smaller warehouse component and some accessory outside storage. Uh, just this is really just for this purpose of this aerial. Um, along Irving Boulevard, there is a very nice tree line that screens a lot of these items. Um, they have the I believe they have the 7 foot screening. uh fence that is required with any outside storage. So, we wanted to, you know, they they do it well there and we'd be doing it well for our potential outside storage yard. Um so, I wanted to point that out as I was walking you through uh some of these items for this request. Um you've seen the existing conditions, Southern Junction and the u uh vacant piece of property. There's a small office building um on the 200 and 300 property. And then you know I think what the the big issue in this request is is the mismatch of the uh future land use map and the existing zoning and existing uses. So as pointed out you know western half is all regional commercial primarily the eastern half is local commercial. If we look at our zoning map, um we're pretty much all surrounded by other ML20 uh zoning district uses and uh uses that do not fit the uh regional commercial or local commercial zoning district. So, we feel like this zoning request is compatible with um the existing uh uses that are out there and the existing zoning. I've highlighted, you know, there's nine other zoning districts that are primarily ML20 uh zoning districts, you know, to the south here, ML20 uses, SP2, uh commercial warehouse, another district that we were looking at because it also fits the warehouse outside storage type components. Um and then just surrounding this, you know, ML20 uses. Uh I believe this one if you look on the zoning map also has ML20 uses ML20 another commercial warehouse all surrounding the site. So the existing zoning all does not match what the future land use map from the emerg uh imagine Irving comprehensive plan suggested at the time and I understand you know there's a difference you when the comprehensive plan was adopted it's looking at future uses but there's a couple items that you know I think we're were called out in the staff report specifically um one that this request is consistent with adjacent zoning and land uses which I would agree uh two despite the 2017 imagine Irving comprehensive plan area has remained solidly small, light industrial and heavy commercial which is also compatible with our proposal for ML2A. Um had a couple of discussions with staff um on what zoning district would be most appropriate to request. Um you know surrounding us is a lot of ML20, the heavier of the two uh light industrial districts. So we went with ML20A. We're also contemplating a commercial warehouse, but again, this is we don't we don't have a specific user in mind um for this other than someone or some some tenants to occupy the existing warehouse space and the um potential outside storage layown uh yard. Um but you know having said that we we do feel that this is really an issue of um the comprehensive plan not aligning with the uses that are in this little pocket um surrounded by um Irving Boulevard and the railroad. You know, it's a bit of a special case. This isn't this isn't a um uh warehouse distribution district, you know, near to the freeway. So it's going to lend itself to some smaller uses. Um, one other thing that I just found was thought was interesting. Um, I didn't mention this site uh, initially just north of the 101 site for, you know, SP1 for CC and warehouse and outside storage what we're requesting. Um, and I I had to say this if there's any ticket listeners on the commission. Uh, that's actually occupied by AllPro Foundation Repair, which I've heard their commercials for years, so I thought that was uh, interesting. but they're the exact type of tenant that uh we'd be requesting to occupy space in this warehouse building. Um you know, you may or may not know the challenges of Southern Junction. It just has a wildly fluctuating um ability to generate revenue. Sometimes it's doing well and other times it's struggling mightily. So, the owner is looking to repurpose that building uh to have a more uh solid and consistent use being, you know, a warehouse type user, which would fit under this uh ML2A and other um and, you know, be be compatible with the surrounding uh uses that are in the area. Um yeah, you've seen the site plans, but you know, that's that's primarily what we're requesting. Um I understand you know the the comprehensive plan issue which I think is the primary issue um as far as you know the compatibility for future but as noted in the staff report you know this area really hasn't changed um we don't see it necessarily changing in the future um at least in the in the near-term future and if there's other changes that take place you know I think that can be dealt with um accordingly but uh like I mentioned earlier we're kind of the odd duck uh currently because we're SP1 RAB for the event center use and outdoor market. You know, there's been several iterations of uh zoning specifically for uh Southern Junction that have taken place over the years, adding a farmers market, you know, trying to do all these things to make the site work, but it it's really a struggle to keep them in business um just because there's not the demand. And we, you know, I'm sure, you know, you've heard about restaurants struggling, event centers struggling. It's just, uh, I guess the era we're in now and, um, this location doesn't necessarily lend itself to, um, this event center use being profitable. So, again, that's that's why we're requesting this uh, ML20 zoning. Um, you know, I I listened I wanted to address some items I heard in the work session as well. Um, one of them was about hazardous materials and that wouldn't be part of any u potential warehousing use. Um, I think in the ML28 code there's requirements that state you can't have, you know, x, y, and z, noxious or offensive uh, odors, dust, things of that nature. So, that would not be a part of it. And then, uh, ML28 also requires that all these uses are within enclosed within the building. You have about 1 minute remaining. >> Okay. Yeah, no problem. Um other, you know, the only the last thing I wanted to to mention, you know, it's primarily to redevelop the warehouse building, potentially get some outside storage um on the eastern side of the site. You know, if that if if the if the outside storage it would be a deal breaker for you all. You know, I think our primary intent is to repurpose the warehouse. So, you know, it it would be our preference to do outside storage on the eastern part of the site, but if you know, that's I think staff that was a big consideration for them. You know, we can we're open to removing that and uh happy to answer any questions should you have any. Thank you. [clears throat] >> Does the commission have any questions for Mr. Rug? >> No, I got a statement. Um, basically I can support the warehouse, the ML20, I mean that's what it was previously before, lumber yard, etc. Um, but the layown area, there's no way I could support the outside storage on it. So with them being combined, there's no way I can support this this case. And I don't know, the question was asked if it was possible to remove one or do them separately or or what have you. And I don't even know if that's possible. Is that possible, Jocelyn? >> To split the cases or >> Yeah. So if they're wanting to if they if they both go to ML28 that would end up you know without the outside storage they would build you know some type of structure on the east side. Both of the properties are going to have to stand alone. So whatever tenants they get for the building on the west side they're going to have to be able to provide parking for all of those tenants on the west side. So that's why the east side existed in order to accommodate the entertainment use which has, you know, a high parking requirement. So the if it's if it's industrial manufacturing, it'll have a a lower parking requirement, but they're going to have to both stand alone once they're split. >> Okay. And they would also have to basically no longer operate Southern Junction, correct? Once we do the zoning case. Yeah, once the zoning is done, the m the RAB is gone, the entertainment use is gone, and once council approves the zoning, then that no longer that will cease to exist. Yeah. >> Are you aware of that? >> Yes, I'm aware of that. And you know, for the outside storage use, that seems the most problematic. And we've actually in our SP2 added that use, but I think it would be fairly easy on our part to remove that from the SP2 site plan and just go straight ML2A uses. >> What's the city's take on doing that? >> We really struggled with the outside storage. >> Um ML2A is intended to be an indoor light industrial warehouse type of use. So, I think we'd be more comfortable with that. It's still by by putting industrial here, it's not completely consistent with the rest of the future land use for the area. Um, >> but it's consistent with what's there now. >> It's consistent. Yeah. What what's there now and um again, having everything indoors makes a big difference. So, you're okay tonight if we decide to move forward with this uh to remove the outside storage on the site 200 and 300. >> Yes, sir. >> And we can keep the when it moves to ML2A, ML2A has somewhat of an outside storage. >> So, ML28 has accessory outside storage. What the request was is for outside storage as a primary use. Yeah, >> that's what we struggled with. So, ML2A will allow cuz there's there's some other uses around here, electric yards and and you know, HVAC. Um, it would allow that be able to keep some things outside accessory to >> the office, whatever is inside, right? >> So, you're okay with that? >> Yes. And you know, I think we'd want to keep the the ability to do accessory outside storage, but that would require a like particularly on the east side, we'd have to develop a building. Um, and then they may or may not have some small accessory outside storage component. But our original, you know, plan was, >> well, if we if we give you a ML20 zoning, like she said, as long as it's the outside storage is consistent with the same business, you will have some accessory outside storage. It just will not be a primary correct outside storage. >> Yes. Yes. And that's that that works for us. Yep. >> That that'll work for you guys. >> I had a question. >> Go ahead. >> Um, so are you going to are you going to tear down the junction that's there now and build the building? No, we would repurpose that building. >> Okay. And you're planning to repurpose the building across the street, too? >> I think, you know, I don't know on on that one. As much as I do know on the existing warehouse building, I do know we would keep that building in place and um probably do some upgrades to it and finish it out for a tenant that came in. Um I know there is this the smaller building on the east side of the site. Um, you know, our original plan was for outside storage, maybe with an office component there. Uh, but, you know, just hearing the discussion, we said, "Okay, well, we don't need to do that. We can do something else um aligned with the ML2A." So, I could see that being uh either repurposed or torn down and, you know, redeveloped for something else in the future. >> Okay. And then my last question is, so you've had different zoning. I mean you guys have come before have been a lot of them coming. So are you confident that ML20 is going to work from a business standpoint? >> Yes ma'am. Yes. Yeah. We we find that and you know um my role as a land use consultant. It's a very there's a lot of users out there looking for this uh warehouse space or flex light industrial space. So it's a very uh heavily in demand uh type of use. I I agree with you, but I see a lot of these that are for lease signs up also. Yeah. So, >> well, it they they they are very confident that they would be able to find um several users or interested users for it. So, that's why we're going through this process to make that change for I guess two reasons. one uh to to get some additional some other users in there and two to decommission a use that's you know fluctuates on on its profitability you know monthto monthth and it just you know is a tough tough use to have >> okay thank you >> thank you >> I just wanted to clarify something really quick for council or commissioner lightoot you had asked about southern junction I know I know jumping ahead there um you had asked about southern junction function. So they can continue as a legal non-conforming use. So once the zoning changes, they could continue under their existing CO until a new CO. So just because the zoning has changed, that wouldn't stop their operation. They would just now be illegal non-conforming use. >> So that brings up a question. Um, are y'all planning on closing Southern Junction or are y'all planning on keeping them in business while y'all are going through this phase? I I don't know the exact answer to that, but I think what would happen is um we would keep them open for a period of time and then transition to uh getting them out, retrofitting the building for a new tenant and then bringing new tenants in. >> Okay. >> So, [clears throat] I it would be I guess if if the zoning was approved, it'd be an interim thing for them continuing to operate. it would not be for a long term because that you know they're like I said the volatile use and you know we want to get more long-term tenants in there that can uh you know consistently contribute a little bit better. >> So the question I got for staff then is that we use Southern Junctions here and this is used for accessory parking which nobody parks there cuz it's not >> it's not paved. >> It's not paved. So if we take away outside storage here and all that as primary use, does that take away the parking too? >> I believe the CO is tied to that eastern lot as well. So Southern Junction if they couldn't start developing on the eastern side while Southern Junction's still operating. Okay. >> So it's it's it's a package deal either way tied by CO. Okay. One moment. We'll see out of our massive audience here. Is there anyone else who'd like to speak in favor of this item? Anyone in opposition? Seeing none, I'll close the item to the floor and return it to the commission for discussion or motion. If there's no further discussion amongst the commissioners, I'd like to move zoning case 2026-13-CP to city council for approval with the stipulation that we're removing the outside storage component. Uh >> on >> Ricky, that's for the zoning. This is for the CP portion. This >> so that would be for the next case. >> Okay. I'd like to go ahead and then let me rephrase zoning case 2026-13-CP. I'd like to move to city council for approval. >> Second. We have a motion and a second. Please vote. >> Thank you, Kim. [snorts] Congratulations. It passes um 8 to zero with uh the case scheduled to go to city council on February 12th. That's for the land use. Now we do your um zoning case 2025-478-ZC. U Mr. Rug is present. Do you have any additional items to mention? Okay. Um is there anyone else who'd like to speak in favor of the item? No. Anyone in opposition to the item? Okay. No. I'll close the item to the floor and return it to the commission for discussion or a motion. If there's no further discussion amongst the commissioners, I'd like to move zoning case 2025-478-C to city council for approval with the stipulation that we're removing the outside storage component of the zoning case as >> primary. Second >> as primary use. >> I second. >> We have a motion and a second. Please vote. Motion carries 8 to zero. This will go with your comprehensive plan case um in front of city council on February 2nd with our recommendation to approve. Thanks for the consideration. Appreciate seeing you again, too. >> Fix the city's problem. >> Um All right. And our last item for tonight is an amendment to the ordinance uh 2025-44, excuse me, 455-UDC, the tobacco related retail businesses. Um staff obviously reviewed the proposals at the work session. Does the staff or commission have any further comments or questions about the amendments? Okay. Is there anyone in the audience who would like to speak in favor of the item? Anyone in opposition to the item? Okay, I will close the item to the floor and return it to the commission for final discussion or a motion. >> If my other commissioners have no questions, I'd like to make a motion zoning case 2025478cc before the city council for approval. I'll second. We have a motion, a second. Please vote. And the motion passes 8 to zero um to be presented to city council on February 12th. We are adjourned um as of 900 p.m. Thank you all very much for your help tonight. Heat. Heat. Heat. [music] [music] Heat. [music] >> [music] [music]