[Music] [Music] [Music] oh [Music] [Music] oh [Music] oh [Music] [Music] [Music] [Music] [Music] all right good even ladies and gentlemen it is now 5:32 p.m. welcome to the Planning and Zoning work session of Monday February 3rd 2025 did anyone sign up to speak on any items on the work session agenda yes we have Mr Todd gross for zoning case 2024 358 zc b Sean hall for 2024 358 zc and Ron Miller as well and James Harris and Joe blizzard and then for 2024 400 zc we have hus available and for 2024 439 zc we have Mr Jose Sosa okay I understand various people have signed up for for both the work session and the evening session as well um we do have the public hearing during the evening session so uh you're certainly welcome to speak now if you would prefer but this isn't the time where we really have as much of the interaction with with the people speaking as we do during the evening session but that you do still have that option yeah if any of you would like to speak now as opposed to or in addition to this evening at during the 7 o'clock session is there anybody who who would like to speak now okay all right usually we'll do the questions for the applicants uh during the evening session during the public hearing um all right well looks like no one who wants to speak right now so we will keep going thank you April uh all right on to the next item report on the city council meeting decisions from January 16th 2025 is anything in addition to what was in the report that we received in our packet no okay and then Planning and Development Committee liaison report for January 16th 2025 commissioner mer or secretary mer you a report yes so um and I'm going to follow back up with Jocelyn there was a presentation doing the planning um and zoning committee meeting that I think would be good for our commissioners to take a look at but a lot of the discussion was around P six so um couple of words that I heard that was said uh by several council members is that we want to make sure that PUD six is something magnificent and also a destination so if you you all think about some of the things that Plano has been doing Frisco has been doing you know those type of um destination places you've got the PGA coming out um is it in Frisco I think it is yeah yeah so this will be our last opportunity to really do something in that location so the key is looking for something that would be a destination and and Daniel I know you were there so I'm GNA let you add well if you have it's just the liais on report for right now yes um so the other thing uh that was discussed about P 6 it's a mixed use area uh corporate headquarters retail residential again we have a lot of opportunity to to make the the area a destination and I won't stop saying that um one of the comments from the mayor was it should be a live play area um if you all aren't already aware uh text. lease uh ended January 31st so Friday that ended so that area is Now Now open and capable of uh development whatever the plan is uh the goal would be to stick to the plan once it's finalized um the Planning and Zoning staff has the responsibility to update the p six um and also correct and align it with the UDC and Jocelyn and Ken I don't know if there's any other comments you all want to make now this is your report so whatever you'd like to share um you pnz the city manager is working on a schedule for this and so you will receive a work session as the schedule is put together and at that point we'll get plenty of time to discuss it Greater detail great all right okay uh that's all I have and and I wouldn't mind giving Daniel an opportunity he was there so if there's any other items you want yeah just not on the discussion end of it but if there's any additional comments you heard from it that that would be useful for us to the commission to for us to know about what was said um I'll just add that um I I guess I was I was a little surprised that um it it sounded like discussions had Advanced quite a bit in terms of talking with the various owners and really trying to put together a plan that they'll then um present to to various stakeholders but um it's more than just um it's more than just uh feeling folks it sounds like there have been some meaningful discussions so I I do expect us to to see meaningful presentations to be ready for that um and I you know I think City council's looking to really do their diligence and and hear a lot more about it so I I think there's exciting things to come great thank you all right thank you all right well then let's move on to the review of the public hearing items okay you have uh four items on consent one item for consent approval that's the meds from the last meeting and then three items on consent for disapproval uh three plats uh they weren't quite ready to be approved so any questions any questions on the consent agenda doesn't look like it okay good evening Commissioners uh Gina castanza Grant with the planning department and the first case tonight is uh 2024 358 zc it's uh located at 375 1B Irving Mall uh they are requesting to change the zoning from CC Community commercial uh also uh it's within the State Highway 183 overlay to an sp1 RAB which is a detailed site plan for a private club uh that will include a card room as well as a restaurant with uh the sale of alcoholic beverages for on premise consumption also with the highway uh 183 standards the staff recommendation is denial uh for public comment forms we did not receive any in support and we received three in opposition and this is the uh vicinity map or um sorry the future land use map this is the aerial view map uh the area in red is the lease space um in question it's located at the southeast section of the mall um kind of right where the entrance is that would take you to the food court uh Macy's and the movie theater and this is the surrounding zoning map and this is a map that we put together um just to kind of uh clarify where ownership lines are uh the mall has been subdivided over the years into several different tracks and uh just to clarify the space that's in red is um the Lea space that's in question it is actually um under condo ownership so it used to be from what I've understood uh JC Penney's department store two stories the when they um sold it um JC Penney owned their own track like many of the the chain uh the anchor tenants do in the mall and when they sold it they actually sold it in condo ownership with the bottom floor going to one owner and the second floor going to another for this particular case the uh applicant is requesting to use the top floor of the space um one of the letters we received in opposition is actually from the owner of the first floor space so um and then the other letter we re received in opposition is from Macy's and they are outlined in Blue uh the another letter that we received was from uh the mall ground portfolio LLC who owns the remainder of the mall that area is shown in yellow so we were just trying to give a visual of the uh surrounding ownership and the letters that were received in opposition uh this is the notification map uh for the 200t notification boundary and this is the proposed uh site plan it is uh approximately a 24,000 ft² lease space and again they are looking uh to use the space as a private club that would um be for a card room or card house and uh also a restaurant they are aware that it does have to be a full restaurant um with the sale of alcoholic beverages for on premises consumption um regarding uh the card house uh definition we did adopt a new definition and classifications uh for card houses uh in October of 2024 this application was submitted prior to that date of adoption so um the best way to um have handled the request is through this specific um detailed site plan process that is the one way that um we could specify the restaurant with the use of um alcoholic beverages for on premises consumption as well as the additional use of the private club they did submit um a floor plan it is for illustrative purposes only we no longer require a floor plan for uh restaurants with the sale of alcoholic beverages um but you can see the general layout um they are showing uh tables for card games and they did also include uh some rooms for virtual games uh as well as the restaurant and bar area and this is uh looking at the Lea space uh you can kind of see on the left hand side it's a little bit taller it's here you can clearly see the two stories um when you get to this end of it and if you go around that corner uh that's where uh part of the building is below grade and part of the building is above grade excuse me this is just a closer look at where the entrance would be and this is looking at the suite uh from within the mall space and again just a closer up look at the at the uh entrance and again uh this is looking out from the space into the rest of the mall um and again we are on the site plan and I'm happy to take any questions that you might have uh you mentioned that there were letters in opposition correct do we have copies of those or did they say anything substantive other than that they opposed it oh I do apologize I thought Claudia was printing them we'll get those for you okay great thank you yeah we'll get those ASAP no that was my question what was the date they filed their application for this when did they originally fall I know the the the zoning Cas is in 2024 but what date did they fall their application I know it was in September I can't remember the exact date okay Ken's looking it up for me looks like it was submitted uh September 20 the first information was submitted September 24th okay and just to clarify uh the three opposition letters are the three majority holders of the uh mall area um I'm not sure of the exact percentage but they do uh cumulatively reach the 100% that would um qualify for a two-thirds majority vote okay thank you has there ever been any a private club in the mall before anything like that there there have been some a couple RBS uh in the mall and most notably actually the AMC theater is an RAB well restaurants but private in terms of clubs no I'm not aware of it okay yeah I've never heard of that in a mall no other questions all right okay thank you very much good evening Commissioners Jason Gillis presenting zoning case 2024-25 26 Yale Street currently zoned R 7.5 single family residential 7.5 and they're wanting to reone to SP2 R 7.5 for generaliz Sight plan single family residential 7.5 for carport in the front building setback staff finds no undu hardship and we see no letters in support or in opposition here is the aerial map showing the 0.21 Acre Site and just to get an understanding of this area this is an established zoning setback so the established setback is 30 ft so they're requesting a variance of 20 ft to allow the cor port to be 10 ft from the property line here is the zoning case here is the surrounding zoning map and showing some sp2s which in this case these sp2s in the area are sp2s that got approved for a car for a carport and I'll show another map that shows that a little bit better here's the 200 F 200 ft notification map and then here is the site plan showing that variance of 20 ft and then here's the surrounding zoning map showing in more of the reddish color the zonings that have been approved for carports and then in green on y Street there is some carports you probably saw driving around in the area this was due to a carport blocks so carport blocks at some point were allowed by right between 1992 and 2009 until it was repealed so all of those car ports that you saw were are legal non-conforming they are allowed to be there cuz when they were built they were built during the time when it was legal so if they were to make any changes then it wouldn't be legal anymore but they're keeping as it is so it is legal and then here's the subject property es of subject property that shows one of the car ports that's allowed because of the carport block at the time north of subject property west of subject property and there's another one further down and then the site plan and staff from traffic fire and water have reviewed requests and have no objections and staff does see no undu hardship but I'll be happy to answer any questions on this one any questions ain't we working on some sort of carport ordinance to because it's sort of a golden rule thumb that if it meets 10 foot we're good with it as long as it don't go over the height and certain criterias it's that was a regulation in the past whether it's a a rule of thumb that's your and council's prerogative um Council has asked us to bring it back so we will be discussing it Planning and Development Committee this week to see if they give us direction for you know we're going to give them some options and see if they want to want for us to proceed with any amendments this time Jason what color did you say was the um ones that were from previously those are the ones in green the green ones okay thank you yeah so there's quite a few on Yale Street and then a little bit on with I think it's withrop Street any other questions no thank you on to the next one and so the next zoning case I'm presenting is zoning case 2024-25 zc located at 1120 Singleton Boulevard currently Zone commercial warehouse the when you Reon Zone to CO2 commercial outdoor 2 staff does recommend approval and we see no letters in support or in opposition so here's the aial map showing the 0.53 Acre Site currently located off of Loop 12 in this surrounding area there does North there is an auto sales business east some multif family just south there is a single family home but that is Zone commercial warehouse so that could be redeveloped to a warehouse and then the gas station on the corner here's the future land use map showing reg Regional commercial here's the zoning showing North Commercial outdoor 2 currently the site being Commercial Warehouse the home being Commercial Warehouse this being a commercial property for the gas station and then East Commercial Warehouse with some multif family here's the notification map and then the reason for you're seeing this Zing K is that applicant is wanting to sell the property and give it to a buyer to create more options for them that do not include just Warehouse they have thought about doing possibly Auto Repair Car Sales Drive-In gasoline service station could be any of these options but they want to create more options for themselves for when they do sell the property they do not have a concept plan or anything there's just giving it to a buyer who later would need ad here to the requirements and let the buyer know if they do need any variances they would have to come through here again um if it be parking or anything like that here's the subject property from Allen Street subject property from lote 12 here's east of the subject property showing that multif family South that one home and the gas station and then the auto cells to the North and then from staffs from traffic they did state that any future development would need to apply to their full access standards and the fire department depart did state that future projects must comply with the fire codes um staff sees since there's no variances being requested and the proposed use fits the surrounding areas as well as the comprehensive plan Amendment staff can recommend approval for this zoning change and I'll be happy to answer any questions for this one so this would be as a cup no it just be commercial outdoor to so just a new zoning District straight okay were there any opposition to this no opposition any other questions no thank [Music] you all righty good evening Hale Ric good planning um first case I'm going to be showing you is is the uh comprehensive plan Amendment case uh has a companion case so I can just go ahead and Skip if you do them together that would be great okay cool okay so the companion case is at 2024 445 zc it's located at 2410 Common Drive currently it is zoned R six for single family residential um and they want to change it to Commercial Warehouse after review stack recommendation is for approval um and then in terms of public comments there's been done in support or in opposition this is the aerial um as you can see it's largely surrounded by undeveloped Lots um except for the on to the west and then this is what it's currently for the uh future land use um right now it is for regional commercial um they are requesting to change it to Industrial um and this is surrounding zoning um so you can kind of see it's more industrial so you have the repealed freeway ml2 uh um ml 120 property owner notifications and this is a subject property this is the West so kind of just right across the street from the front of the house North the subject property East right and it's a straight zoning case um basically what they're wanting to do with the uh Commercial Warehouse designation is to create a warehouse for their contracting business so basically just store their equipment materials inside of um inside of there and then I can answer any comments or questions any questions I guess I have one question so um I think the proposed use is probably consistent with the area but I was a little surprised when I went out there the condition of the road is not great and I I know we have a great Roads Department and I don't know if it's a matter of just elevating this to their attention but if we put in another industrial use it's going to create you know more use on that road so does that figure into like if it's approved does that figure into how that the roads will be maintained or upgraded don't know if Cody wants to jump in on that or okay the short version excuse me me uh the short version of that of the answer is uh no we don't look at the condition of the road per se we look to see if there is a road if there's um but in terms of um you know where it is on the you know fiveyear plan or anything like that we don't look at that because that's basically our issue not the land owner's issue we do look to see if there's adequate public facilities water sewer that kind of thing thanks any other questions yeah thank you all righty and then this is um another comprehensive plan Amendment with a companion case and I'll go ahead and just get to the zoning case part of it um this is for zoning case 2020 24 sorry 450 zc located at 5050 West Northgate Drive currently their zoning is Industrial Park airport related uses and the State Highway 161 overlay um they're wanting to change the zoning to a detailed site plan for Community commercial um with used auto sales as an accessory use and then as well as the State Highway 161 overlay after review staff recommends approval in terms of public comment there's been none in support or in opposition this is the area and then for the future land use um it's currently a designated manufacturing warehouse um they are proposing to change it to Regional commercial um though currently um it is manufacturing warehouse it actually the uses the current uses that are there don't really align with this designation then this is the zoning map notifications and then this is the site plan um this site used to be a car wash it's then um been converted to auto repairs and it's been operating you know with a permit and everything for a little bit now um they're just wanting to add this accessory use um so there's not going to really need be any changes to what's there like the building um it's just kind of having that that use so they can get with the you know the state to allow the car sales so this is the subject property and this is West so you have a Valero kind of convenience store gas station and then this this is the east of subject property so one of its neighbors it's an also um a car dealership this is north of subject property so across the street and I'm open to answering any questions would you go back to the subject property picture yeah okay and that's the property right there and they want to add the low car sales yeah so it's um so this what type of parking for how many parking spaces do they even have let me see what they're looks like they're shying four like right on the front edge four here and they have one two three four here and then they have a lot of what they're going to have back here for storage well the storage they have back there now then it's just jam-packed but Forest parking spaces do a used car sales and the and their office is no bigger than this right here excuse me no bigger than the space here it just doesn't seem like it would be a good fit for that for that what they want to do with it okay yeah we just um we just were kind of thinking since it's accessory use if it was just trying to be a used car sales lot then yes but it is contingent on the auto repair once the auto repair goes so does the auto sales see yeah how would you distinguish between the auto sales as an accessory use versus the auto sales as being the primary use because obviously a lot of Auto Sales places also have repair but it seems like they're primarily Auto Sales the the site plan has specifically says a couple of things first it says that uh it can all sales are only if it's accessory to the auto repair so it has to be coed uh by inspections as an auto repair establishment for not as an auto sales establishment the other thing is the site plan limits the number of spaces uh shown here it can only there's only seven spaces here that can could be used for display of of all there for sale so uh that that's the other limited F so there's two things on there they're kind of limiting to it so they they would never be able to sell very many Autos if they can only have seven on dis at any one time correct it's that's a pretty minor I don't think no is this similar to the US was approved to the West about a year or so ago can't try remember maybe more than that yeah yeah same same owner um uh same thing where uh it's auto repair and then kind of accessory auto sales for people say no don't you know they don't pay or whatever so you can sell it so are they they're just getting Auto Sales as just an accessory to the the repair so they could be doing internet sales or wholesaling through the internet Etc they just have to have five sparking spaces in order to satisfy the state of Texas correct I'm not sure exactly what the state of Texas requirements are and they have been changing a little bit um but they they do have to be an auto repair shop as a primary use okay in terms of what is seed at the and in terms of the city looking at that at at what point would it become the case that it the auto repair was not the primary use well if they weren't running Auto Repair business out out of there if that was basically closed up and there was just they were just trying to do Autos sales and that would be a violation of their Co yeah but I mean like more um I mean there's a lot of Auto Sales places along 183 that have Auto Repair as well but they see they have a lot of cars I presume they're Auto Sales with auto repair as an accessory so how how do you distinguish between those two it's it's what is the predominant business on the site again they have to have the auto repair as coed use and on top of that they can only have a maximum of seven spots that could be used for uh display of the automobiles to be a li to be a licensed used car dealer here in Texas I have a little experience with this uh all they have to have is a building that has pred motors with a phone number on it and that's all is basically required to get your license for used car operation and that particular location having driven out there and looked at it and I mean just doesn't make sense to me they can probably get their license but you've really only got like four or five spaces in the front and I'm assuming they're going to have to have at least one car for one employee to make a Salesman or a sales manager and I didn't see the auto repair in that location there might have been next door whatnot but in that location we're looking I didn't see where there's auto repairs being done that's my mhm well the building also did was issued a permit or Co for that actual location to have Auto Repair so from what I understand it's what they're currently doing they just want to now add kind of like a an RB you know it's a restaurant now they just kind of want to add the alcohol component like that so their primary business is going to continue be just Auto Repair yes with yeah that'll be the primary yes the owner's uh owner and Andor their representative is going to be here tonight so those be good question it's ask in direct one but but if Auto Repair didn't remain their primary that would be a violation of their CEO right okay so they'd be subject to some sort of sanctions or action or penalty if if they were violating their Co yeah they could have their coo revoked yeah and as well as then have you know their violation of zoning so all the procedures that go with that okay so yeah answer your question that they would have to keep it being primarily Auto Repair all right any other questions um so are you allowed to have an auto repair shop on manufacturing and Warehouse zoning the manufactur warehouse that that's the uh comprehensive land use designation so really it's what zoning districts are under that and if those do allow it um I believe the let's see manufacturing warehouse can maybe help me out with this but um it wouldn't be an issue I don't I don't believe if it's manufacturing warehouses are usually higher um zoning reg zoning districts I guess because my question is this used to be a car wash so should should end up being a commercial outdoor too in order to be a a car wash so what's the some change at some point for the auto repair I believe the car wash is more of like a legal non-conforming it was there for a very long time and then it stopped it ceased operations and so then the legal knock and 4B went and then they came in and um got the got the permits for the auto repair so the existing zoning is called IP which is Industrial Park airport related uses so it was when 161 was coming in and the airport was starting to expand um so it's an existing District that people can use if they have it you just can't Zone to it so that allowed the car wash and it probably also allowed the auto repair um but you cannot Zone to that anymore so yes any use that is open to the public is a commercial use so that's why they're having to do the comprehensive plan change to a commercial comprehensive plan or a future land use category and then do the zoning change to the commercial category as well in order to add the use okay so and in terms of the seven cars in display does that mean like what does that exactly mean that means seven cars have to be in the front and they can have cars in the back they I assume that the reason they want to get this and we're I think a lot of these questions are for the applicant tonight because we only know what what we're told um is to get a license from the state I expect that's what the purpose is of this application and this is the same owner as the one next door correct correct has there been any complaints or issue with the owner next door that we know of or we have we didn't check I I don't believe so but I I we did not check with code compliance to see thank you which side is the other owner because I know so you Haul on one side is um it's kind of situation situated a little differently so this right here is on one side of them and it's that um Zam Zam Auto so that's the car dealer so it's like right next to the other see so like how you have the U-Haul here and then like that's kind of like right on the other side of it so I'm trying to think that building excuse me that picture right there go back okay there the building to the left you will see as you drive past there's about three or four or five signs of names and numbers and that's all they have to have to get a used car license in the state of Texas see D I think they have to have the zoning they have to have a CO that permits it as well now yeah they have to be able to be zoned for that yeah but by the same token there really isn't a requirement of how many spaces they have to have because I've had my name on one of those buildings 20 years ago and four or five of us were sharing three or four parking spots cuz we never put cars there well I think they've gotten a little bit tighter at least from when I got my license they they make you have five spaces you got to have an office you got to have your proper signage and a phone yeah your phone and the office has got to be a certain size you know criteria Etc so they're they're getting a little bit more strict on issuing licenses so we're probably going to see if people want to do this we're going to see a lot of it but a lot of people do the internet sales I mean they have cars stored inside buildings and put them on the internet I mean that's very popular in Dallas so we're going to probably start seeing some of this come through us and it looks like the looks like this matus um Self Storage is kind of south of the property so I don't know if the U-Haul is associated with them or if it's they just have parking over here if they have access um but this building here that's also that's where the Zam Zam Auto I believe is located so that's kind of what that photo we were looking at a minute ago thank you I didn't I just did a very quick search in uh code enforcement MGO and I didn't find anything uh on this property in the last U basically four and a half years so thank you any other questions no great thank [Music] you good afternoon again Ken Blom playing manager uh so you've seen all this we've discussed all this but this is just uh this is the um now for the uh official recommendation time uh this is the uh changing the data centers uh for being approved by uh just Allowed by right to being uh requiring a conditional use permit so there are three or ex see me four addition uh existing data centers uh three of them which are allowed uh by a SP2 that specifically say data there's one that is allowed by wri and did not need an SP2 at the time uh they're actually looking at expanding and onto an adjacent site and so they're bringing the they have brought the entire property into a new zoning case uh that is pending and that so that will um hopefully be taken care of at some point in the near future so proposed ordinance allows d s as principal use only by a conditional use permit and only in certain industrial districts I would continue to allow de ERS by right as an accessory use uh mean and by that meaning as an accessory building uh it's always allowed to you're always allowed to have a server room in your building or something like that uh but in terms of it having to be like an exterior structure typically you'll see these next two uh tell um cell towers and that kind of thing uh but it is allowed uh by right in P CN CC and Freeway and there are uh certain conditions for it to be a quone cold accessory use uh this ordinance would also repeal and reopt the development standards so uh it would have a just Revis the land use chart in individual sections everything would be the same as before just repealing reop with the conditional use permit the proposed ordinance allows the D A by right and the CW all of the ml20 light industrial districts in the commercial Park District it would change that to be allowed by conditional use permit in all those districts and would also allow for a property that has site plan zoning sp1 or SP2 that specifically approves data center use uh those would not be required to get a cup there are a couple other minor changes at this time just kind of as long as we're going in correcting kind of things uh the minimum standards for principal use we're just going to clarify that the definition of maximum height is 75 ft it's 75 ft right now but it's worded in a very convoluted way in the existing Gord so we're just kind of clearing that up so it's it's simpler language and then the off street parking requirements we left out the word space in the definition so we're just going in correcting that as well so as a conditional use permit uh you you and Council can set conditions so you could recommend and council could approve conditions uh limited to the building size or height uh loading and parking requirements additional Landscaping uh vehicle access parking improvements placement or orientation of the buildings and entryways buffer yards Landscaping screening and signage restrictions um the there is normally the ability to put time limits on but time limits would not uh likely meet the requirements of section 235 E5 as a temporary interm use it's hard to call Data Center is a temporary use so other than time limits you could probably you could basically do anything else uh the initial approval process is subject to uh conditions safeguards this is for city council but it would be make a recommendation based on the same criteria in your view is in your recommendation is it consistent with the comprehensive plan compatible with existing and adjacent uses does meet all the SE use standards those are the Section 320 design standards that are being reopt is it compatiable and preserve the character integrity of adjacent development is there a a negative impact and has it been mitigated on adjacent property is it uh maturely detrimental to the health safety and Welfare of the area so if it's approved acup can be reviewed and revoked under certain circumstances we can do a periodic review of the co cup to make sure that everything is in compliance if a determination of non-compliance is found the director can give written notice of the nature of the violation the remedies there needed and a time period between 10 30 days to bring the property into compliance if the violation is not corrected then uh the city attorney's office sends notification and then we notify just like it were a zoning case and PNC would conduct a public hearing no more than 30 days after the C attorney's notice and that you'll make recommendation to city council just like any other zoning case you can consider all these things here and then city council would have the second hearing and can make the final decision whether or not to roke uh revocation considerations uh can be based on circumstances having changed alterations or enlargements that were done without permits violations of site plan uh if there was fraud or deception by which the cup was obtained uh the use ceases or was suspended for 180 calendar days or longer so if the building were a Data Center and then it closed up and 2 years later somebody wants to reopen as a data center they would probably need to get a new cup to do that because we would have probably had revoked by then so next steps uh we've gone through all these so far uh we have the pnz public hearing and recommendation today on uh the 6th we have the city council public hearing and consideration uh you have in the corner here the this is the mail out this is the back the depending what you view one side of the uh mail out postcard that was sent we sent over 6300 postcards per state law to uh every property owner every tenant and every business personal property owner in uh any of those districts that were potentially affected uh we have received as of this afternoon we received about uh about 30 some odd uh page hits to there was a QR code on the other side of this we've seed about 30 some odd QR code hits to that as of January 27th we're trying to get the most accurate numbers in terms of actual communication that we've had directly in terms of email uh phone and uh people coming to the counter we've had about uh 13 or 14 people uh and some way shape or form contact us directly about it most of the contact was does this affect my property and almost all the cases was no uh either the property was way too small to ever be used for a data center or it's just not something that's going to affect them like their Church on the property for example um so with that we' be happy to open up to any questions Ken can you go back to I think it's your slide two where you had I think it said 50 ft from Resident I think that was when is an accessory use I'm sorry which one which the one about data centers as an accessory use keep going oh okay this one right here the exterior facility shall not exceed 1,000 square ft be at least 50 ft for residential property can you explain that a little more yeah that's that was already approved this is not changing this is as an accessor use so basically if you have a small structure outside it can't be more than 1,000 squ ft uh if you have this is for basically the unmanned structures can't be more than 1,000 square ft can't be more than 15 ft tall uh has to be at least 50 ft away from residential property these structures don't have the same kind of backup generator units and air conditioner units and everything that the large massive 200 square 200,000 foot buildings have these are typically you will actually see these if you kind of look through the fence and Pier uh you can see some of these near um cell towers they're existing it's typically something you'll see okay I just want to you might see this at an office building kind of outside most people actually put them inside unless it's something like a like a cell tower or something like that the one thing that I want to make sure that we're covering is the one thing that we've heard from the last data centers and citizens coming up Etc is the noise and they complain on the noise they go out and they meteor it and it'll be in violation but it takes forever to get that violation corrected so what can we do with passing this ordinance where we can make sure that the citizens are not I if they're violating their ordinance and violating the noise ordinance Etc at night or during the day then what can we do to put in this to accelerate them coming into compliance we don't have the noise uh issues are not part of the zoning they're separate section of code uh those were actually recently updated and that is the process that it would be a Code Enforcement issue through uh the separate noise ordinance that would that affects everybody it's not something that's specific to uh DEA centers per se okay well we got on there it affects their you know I think you go back to the slide it says basically their livelihood Quality of Life Health welfare Etc so I just didn't know if there was something that we could do where it makes it a violation for them or whatever after so many attempts that it's brought back in front of us through a violation of their cup if they keep violating the noise ordinance so I mean if they had a bunch of noise violations that had been found against them they got a bunch of citations code enforcement and then it was coming back as a re-evaluation that they weren't in compliance that that is information we could consider at that point right okay so in terms of right making a recommendation to revoke their uh their cup we could consider that as as part of the the basis for recommending revoking it yes right thank you just also piggybacking off of Ricky's comment isn't that also a condition we could put in uh as far as like a buffer like further buffers for the data sender before they approve so that way it could handle that type of concern you can and there's recommend one there there's the 300 foot buffer is what's been approved right now that's that's the requirement no matter what um from residential minimum 300 ft if you felt like more of that was required for the cup you could you could make that recommendation maybe buffer wasn't the right word but uh like the like Landscaping isn't I couple of those data centers had that where like the Landscaping like trees to allow for like the noise cancellation do we have anything in place as of right now for that just our normal landscape ordinance but yes you could uh add additional Landscaping requirements as part of a cup okay yeah and it does require the fencing around the accessory uses ones already yeah all of that's required per Section 320 which is being reopt but then we could adop we could recommend additional go be Beyond yes if we thought it was appropriate yes you could yeah depending on what else is nearby or whatever those individual circumstances are to make sure it would work well for the community exactly uh just to follow up on that do we have any like other surrounding states do they have anything that they typically have in place in order to kind of like have we done any research on that or like I know data centers are kind of a new thing so yeah we did some research with the original ordinance back in back in June I think I presented that uh first of the year uh the uh short answer to that is yes you will find all sorts of things depending which state and which jurisdiction you look at uh some places uh they but it also depends on the issues they affecting the particular jurisdiction um and you know some places have more ability to regulate certain things than we do for example we don't have the ability to regulate where the power lines necessarily go and some states do so there there are certain things that we just can't do but there a lot of places are starting to go to the special use permit conditional use permit type of model uh so we're certainly not outlier in that respect okay do we typically sorry one last question do we typically for the cups is it almost just kind of like indefinitely until there's a code violation in place or is there like a followup like hey you know we're going to approve this but you know in the condition like two years from now we kind of like relook at it to see if anything needs to further get added I think some of it depends on what exact is the condition for the conditional use permit just case to case basis it was adopted generally the Assumption be indefinite but absolutely where if pnz and Council wanted to set a time limit and if it was appropriate for the use in the location you have the prerogative to set a a time limit okay so if there's a time limit they are required to come back and renew they will expire after that time if there's not a time limit then they're still open to the Rev and and you know any type of nuisance issues okay and that's what makes the CB different from the SP but still we could recommend it but it's still left to City Council in order to approve that cup time liit absolutely okay right and and you really couldn't uh recommend time limits with a data center because it doesn't meet a definition of being a temporary potential use so it's permanent it's more permanent than other kinds of things there's much more involved in doesn't meet criteria for that so um makes sense thank you and JN K me from La when we did the cup we did that mainly for areas that we could continue having certain type businesses in there as it's redeveloping or possibly future redevelop that's the reason why we put time limits on it so we could look at how it's progressing over a period of time correct that was a reason absolutely yes there are some parts of town Heritage downtown for instance is a perfect example where what's there today is not what the city's vision is for it um and there are other uses that we've identified you know the last couple years that maybe they might be okay in certain locations and so like car washes for instance and that way the cup allows you and Council to consider is this the right place for that so there were a couple different reasons we created it on that slide says um property s on sp1 SP2 um specifically approved for data center it will be it will not be required as cup is there any yeah uh these three right here are already and then this one is a pending application down here for for this site and the adjacent uh site which they're um I'm not sure if they fully purchase it or under contract but it's a it's a partner site thank you any other questions all right thank you okay good evening my name is Troy win here to go over the proposed future land use updates that we uh looked at a few weeks ago uh do you wish to go over the land use categories um I had a quick question first is are there any changes from what you presented to us last time no okay does anybody want them to go over the categories first or just the the specific sites okay I think you can skip the categories if we have a question we'll ask get then okay uh the first site that we were uh discussing proposed change for would be here off of where Gilbert and good elementary schools are proposing changing those from being traditional neighborhood to public semi public to recognize that we need the schools long term those locations the second site is here off of uh Story Road with the location K Kade Early Childhood school and also the uh the Xander Park Apartments those sites are shown as U transitioning into traditional neighborhood in the imag Irving plan would would like to recommend that the school remain a school for the uh foreseeable future and that the apartment complex not be phased out over time either um the apartment site being having scored highly in in sites that should be retained for Mid density housing third site is Markland Street which the imag Ning plan designated as traditional neighborhood it's actually already developed as zerol lot line which would be a compact neighborhood category so would like to preserve that existing density if there's any Redevelopment just keep it at that level then adjacent to Hackberry Creek there were three single family part Parcels that were accidentally flagged as part of the park uh would would like to flag those as traditional neighborhoods recognizing the fact that those are actually houses likewise the uh in the U multif family development at uh W Woodwind Apartments up here on Country Club uh and Broadmore Apartments some of the condos were flagged as compact neighborhood that actually should be mid density residential so I'd like to get that corrected up off of L there was a a flip-flop of some of the uses on the imagining map we've got a church site I mean I'm sorry an elementary school that was flagged as a compact neighborhood we like to mark that as public CIU and then we have a set of town homes that were marked as mid density res itial an apartment complex marked as compact neighborhood we need to get those two flip-flopped to correctly reflect what's there then over here off of pioneer we've got a single family traditional neighborhood area that was not noticed when we were doing the imagining mapping and it was split between mid density residential and the uh Cemetery use next door would like to go Ahad and Mark that as a single family neighborhood for the long [Music] term then off of raville this here is a group of town homes it was uh flagged as mid density residential would like to mark that down as compact neighborhood to reflect that the town hom should remain there as individually planted Lots off of Bethlehem Street this here's a a strip of town homes that was inadvertently marked as Regional commercial like the uh the commercial sites next to it would like to go ahead and Mark those as remaining Town Homes Long Term up here off of uh 635 uh on the back side of where Target is off of MacArthur there's a collection of uh retail establishments that were marked as compact neighborhood similar to the land next to it on the other side but it's actually part of that larger shopping center would like to mark that as Regional commercial for the long term not encourage it to be transitioned and this here is the one that's really kind of different everything else is pretty much just correcting what's there uh here on uh grower and Britain Road we have the Salvation Army site and the uh the uses around it right now that location is marked as Regional commercial which is designed to attract business from surrounding neighbor from surrounding cities and also from across Irving it's really not a good location to really draw people from out of town into so we' like to mark that as local commercial at the Salvation Army and the adjacent sites and on the uh the U southwest corner of Britain Road would like to mark that as traditional neighborhood right now that location has a a church and laundromat I think and those uses are allowed in traditional neighborhood because you can have even though that's a residential designation where you have a major arterial like Britain Road and and grower you can also have some small local supportive commercial type uses so that's our recommendation for this area then up on Airport Freeway there was a piece of land that was taken by Tex dot for the r as part of their rideway expansion and in case that when it was taken we we didn't have a future land use category in the in the Imaging plan assigned to it so we' like to bring that under Regional commercial in case it ever goes back onto the private Market once Tex do is ready to let go of it and those are the sites that we'll be looking at tonight any questions so for this last one will you clarify just a little bit so we're just this is just for the comprehensive plan correct this is separate to like what it's actually zoned for or like what it's zoned for right publicly right yeah the future future Landing plan tells us what kind of zoning decisions we may support for it but doesn't actually change the allowable uses on a site and right now it's not zoned uh wait sorry it is zoned SP2 for professional office at the moment so if that were to become a tax parcel again right now it's not even a tax parcel oh okay uh if it were because it's because it's state right away so if that were to be sold off by text Dot and someone were to come in and want to do something with it would rather it be a regional commercial type use some sort of business that draws people in from from neighboring cities instead of necessarily an office okay so thank you but currently there's nothing on that side it's cleared any other questions no thank you very much all right I think that was the last of our public hearing items uh any future agenda items anybody wouldd like to have to mention for obviously for the Future No all right then the work session is adjourned at 6:36 p.m. and we will meet in the other room at 7 thank you very much [Music]