[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] good evening ladies and gentlemen it is now 7 pm. welcome to tonight's Planning and Zoning commission meeting of Monday November 4th 2024 members of the Planning and Zoning commission and public May participate in the public hearings of November 4th 2024 all participants will be able to speak when called upon at this time I would like to explain the procedures to be followed during the meeting the commission has both a consent agenda and an agenda for consideration of individual items items listed on the consent agenda are considered to be routine and non-contested item number one citizen comments provides the opportunity for members of the public to address the commission on items that are listed on the consent agenda each speaker will be limited to 3 minutes and the secretary will let you know when one minute is left for all plats and plans conditionally approved or disapproved by the Comm the commission the applicant will be provided a written statement of the conditions for the conditional approval or the reasons for disapproval at the end of the meeting these conditions and reasons are not arbitrary they are directly related to the requirements of local government code chapter 212 and include citations to the law that is the basis for the conditional approval or disapproval for individual consideration items I will call the applic applicant or his or her representative to present the case the applicant will have up to 5 minutes to present the case which includes all persons representing the application then those wishing to speak in favor and those wishing to speak in opposition will have up to five minutes each to present his or her comments prior to speaking please give your name and address remember to speak directly into the microphone as this hearing is recorded for public record any handouts you wish to provide should be given to staff please do not approach the commission the next meeting of the Planning and Zoning commission regular meeting will be Monday December 2nd 2024 the next item on our agenda citizen comments on items listed on the consent agenda April has anyone signed up to speak on any item on the consent agenda no one signed up please proceed thank you secretary hack would you please read the consent agenda into the record good evening we have two items on the consent agenda for approval the first item is the approval of the Planning and Zoning commission minutes of Monday September 30th 2024 and those of Monday October 7th 2024 the second item is case number 20243 4-pp Westgate Village number three addition it's the second revision a replat of two lots into one lot for commercial use and it's located at 3800 State Highway 161 and 3803 Esters Road all right do we have a motion for approval of the items on the consent agenda yes I'd like to make a motion for approval great thank you we have a motion do we have a second I second thank you we have a motion and a second for approval please vote and the motion passes uh seven votes yes and one extension all right on to the consent agenda for disapproval thank you sir we have pardon me two items on the consent agenda for disapproval the first item is case number 2024-25 5-l Alys and Estates Edition it's the preliminary and final plat of 22 lots for single family residential development and one lot for a private school it's located at 61 6801 cwell Boulevard the second item on that uh consent agenda for disapproval is excuse me case number 2024-25 it is the Fleming Villas Edition preliminary and final plat of five Lots into 14 lots and it is located at 2005 and 2009 State Highway 356 all right do I have a motion for disapproval for the reason set forth in the uh staff reports so moved we have a motion do we have a second all right we have a motion and we have a second please vote and the motion passes unanimously all right then we'll move on to the individual items item number six zoning case 20241 49- zc located at 706 Valleywood road is the applicant present hi would you like to present all right hello my name is Maria Perez and I am the applicant um this is my parents property I just wanted to share why they build the structured um behind the house so we have a very big family I'm the oldest of six um and I've recently moved back to the area and there's not space for us in the house there's it's I believe four bedrooms um my grandpa lives with us four my siblings are in the house and I do work from home at times so I just needed space so my Dad decided to add this extra structure to the back of our property um yeah I mean is there any questions or anything else I can share great uh do any of the Commissioners have any questions for the applicant I have a question did you all consider just adding a room to the house instead of building a completely separate structure so originally it's I believe was a garage and they just decided to make it livable after the garage was built any other questions for the applicant was there any reason why y all did not pull a permit when yall did the conversion um they have a permit for the garage but I believe it was just it's misinformation they didn't realize they needed all that other stuff in order to make it livable so the permit was for the living to turn it into living or for garage the first permit was for a garage okay was there a reason why there was not a permit taken out to convert it to living quarters yeah he just didn't know the procedures and everything that needed to be done any other questions for the applicant great thank you very much thank you all right is there anybody else who would like to speak in favor of this item is there anybody who'd like to speak in opposition to this item there being no further speakers I'll turn it to the commission for uh discussion and um and a motion if there are no further comments I'd like to make a motion is commiss were you want to speak or make a motion he's good he can make a motion okay Sonic case -224 149 z z for denial I'll check it okay we have a motion uh recommending denial and a second for that motion please [Music] vote and the motion passes 6 to2 all right now that means it does go with city council so you'll be able to raise the issue at the city council um these issues of additional units been talked about a lot so it's ultimately a city council issue to make that final decision on that all right let's go on to item number seven zoning case 20242 39- zc located at 310 West Third Street is the applicant present would you like to present on the case H good night my name is ascar Garcia and I'm the Builder for this project and basically that one is uh we do the uh modifications according with the recommendation we received the last the last season the last session so uh we are here to see we are in good stand for move forward with this one that's it thank you uh do any of the Commissioners have questions to the applicant no right thank you very much is there anybody who'd like to speak in favor of this item is there anybody who'd like to speak in opposition to this item all right well I'll return it to the commission for discussion and a motion well this is this is an item that that came before us last time so we kind of talked about it a fair amount last time um I think at that point I I said that it made sense to me to allow the the development of the additional unit um since you could ultimately have four units on this property uh it seems to me that well it's hard to say for sure but that perhaps leaving the main structure there would leave intact more of the sense of the the sort of surrounding neighborhood than um than tearing it down and building entirely new facility uh the parking on the east side seems like a a reasonable uh way of resolving the the parking issues and avoiding the the problems that were that were sort of what what to me were concerns last time in my opinion I think it circumvents a lot of the harage district rules um I'm very familiar with the development there and everything else and I think it circumvents a lot of that the way it's going to be designed and the way they're going to put it together um and to me it's it's an Adu I mean we're still allowing stuff to be put on a single lot um so there's no way I could support it myself chairman I feel I have to support I have one more comment sorry so I think the last time that Mr deloso was here we had asked him to come back with the plan for the revised parking and he's done just that and so I think the parking adjustment that he's made is what we had asked him to do at the last meeting and he's fulfilled that I don't have an issue um you know supporting this at all commiss Richard yes I have I have to agree with commissioner life foot's comments and unless there's other comments from the Commissioners I'd like to make a motion make a motion for zoning case 2024 239 ZZ to be uh sent to the city council with a recommendation for disapproval I'll second so we have a motion and a second recommending disapproval uh please vote and the motion does not pass so we are still open for an alternative motion um on soning case um 2024 239 ZZ i' like to make a motion for approval we have a motion for approval do we have a second I second that okay okay we'll wait for the technology to be ready for us to vote so we're we're ready to vote we're just waiting for the technology to be ready for us just let us know whens better tomor all right please vote this is a motion recommending approval and the motion passes 5 to3 so it'll go to council with a recommendation of approval still it's up to council but it goes with that recommendation all right moving on to item number eight zoning case 202 24-29 dzc located at 1916 Meadow Glenn is the applicant present sir would you like to present the case hello my name is Joe J um applicant at 1916 meow Glenn Irving Texas um we're proposing um the change to um SP2 uh for a carport due to the of the um natural disasters in hail that's constantly um happening in Irving now we previously had small business in Irving for 22 years and we are able to mitigate those kind of Damages at our tire shop but now since my parents have retired unfortunately we have no way of protecting our vehicles and so it's their one of their most expensive assets that they have that's the continuously depreciating as these held images occur thank you great do the Commissioners have any questions for the applicant no all right thank you very much is there anybody else who'd like to speak in favor of this item anybody would' like to speak in opposition to this item there being no further speakers I'll return it to the commission for discussion and a motion if there's no discussion amongst the Commissioners I'd like to move zoning case 202 24- 298 zc for to the city council for approval a second we have a motion and a second recommending approval please vote and the motion passes 7 to1 all right item number nine zoning case 2012 24-35 1- zc located at 525 East Pioneer Drive is the applicant present would you like to present nikil Patel um 525 East Pioneer Drive uh we're requesting a a splitting of of the of the lot into two for single family homes okay all right any questions for the applicant from the commissioners are you going to uh have straight end driveways or are you planning on doing Circle driveways or what do you plan on doing we do have enough space to to do the Circle Drive if it's if it's required so we're open to to whatever you guys require so cool you have seen how many tractor trailers line up on Pioneer right yeah so we know that there's traffic but that that's why we're we're trying to mitigate the the curve driveway so that's easy in and out so any other questions for the applicant no thank you very much is there anybody else who'd like to speak in favor of this item anybody who'd like to speak in opposition to this item there being no further speakers or return the Commissioners for discussion and a motion I would be okay with supporting the 62 and 1/2 ft width of the uh the Lots uh I don't know uh asking staff the question I guess can we make it contingence upon Circle driveways for safety Ingress and degress or how would we do that you can make that it's still would have to meet traffic code for spacing and so it' have to make sure that it is doable so um you know you could probably do the um motion saying it with a circular drive as long as it can meet traffic codes so to kind of give that flexibility to make sure that we're not tying staff's hands okay then I'd like if there's no other discussion yeah I do have I so I I I I don't support this one um and I the traffic issue I think is a serious issue and uh I don't know that I'm convinced that circular driveways in that narrow Space is really going to work but um but the the bigger issue being that the properties all along there for the most part have have retained The Wider widths and whereas the the one that we recommended approval on a month ago um most of the properties in the area along the street Street had been already subdivided into into smaller Lots um that's not the case here uh the properties nearby have all been maintained as the larger Lots uh it seems like that um that we should leave that and let that be retained so that's uh a big part of why I won't be supporting this one keep in mind uh down Pioneer the Lots themselves the ones that are with longer it's because the houses are turned sideways so technically the houses that are on the streets they're all Corner Lots if you drive down through there they're technically all Corner Lots so if you look at the ones on the street they're 50 ft by 150 200 ft deep where these are turned the houses are turned sideways so they're technically like on a 60ft sort of deep these are pretty deep too because I I think two lots down uh to the West the there was a similarly sized lot that was subdivided it was a corner lot and it was subdivided into three Parcels m u but that's the only one that I saw that was subdivided um from the The Wider size some of them were a little bit narrower than this one but I think they were all pretty much over um over 100 ft wide uh and they had a fairly consistent depth I think it's to do a lot with the way the houses are turned on that street yeah but so make a motion uh nobody's made a motion at this point I'll make a motion uh for zoning case 202 24- 351 dzc be moved to council for approval with circular driveways that meet the current traffic codes and current building codes second all right we have a motion uh recommending a conditional approval a second please [Music] vote and the motion passes 7 to1 all right let's go on to item number 10 so this is one of the ones that we have that's combined um so it's comprehensive plan Amendment 2024 d353 CP but the companion case will be zoning case 2024 352 zc uh this is located at 2131 East Irving Boulevard and 251 East Shady Grove Road is the applicant present sir would you like to present hi good evening coun I'm here representing uh Nexus huil and your name is Morales my name is Morales and um well I hope I can answer some of the questions that you what was your address sir it's uh 251 East Shady Grove Road and 2131 is iring Boulevard I'm represenative um the the design company do you just want to open it up for questions or you have well I have something WR uh or soon request falls on their manufacturing warehousing but uh the it will be a commercial and Warehouse only it is uh not no manufacturing done in the facility or will be done in the facility um uh will be um we have um um uh the categor is the principal uses which are warehousing wholesale completely within the enclosed building the wholesale distribution facilities within enclosed building as well with the minimum lot size requirements as listed on the CW this district code chapter 22511 um as you might know one of the Lots falls into the side of the Shady Grove which is more commercial industrial side and the other side is the Iran Boulevard falls into the traditional neighborhood uh our design team uh will work on the best interest to make sure we make the Aesthetics of the building to blend with existing conditions and we'll concentrate the building on the mid portion of the lots and we will have the business sales and distribution entry through the Shady group as well as the client part parking on the side of the Irving Boulevard we will make entries of employees only and will be fence and gated traditionally looking for example wooden fences around accessible but for employees only this is to keep the traditional neighborhood Aesthetics uh to make it safe for the for the neighbors our client business cons consist of uh truck uh Wholesale Parts most of the sales are online and Chip directly to clients so traffic is not as as as heavy as as a regular commercial and or people sometimes pick up uh or ship uh from the business so it's 50% storage and other 50% never reach the store as they are bought and sent directly to clients from the original Warehouse uh so traffic in the wholesale store is always at at its minimum so that's the intention of the lot um um doing doing the warehouse in in the in the midle and having the entrance through the Shar group which is a the IND the industrial part or the commercial part great thank you okay anything else you wanted to say no you have any questions yeah do any of the Commissioners have any questions for the applicant I I have one one one more thing to add the owner also bought the next um the next lot as well that would be the house that you were uh questioning the meeting it's the same it's the same or or client okay and the it's um the one that's currently being worked on yes that's correct okay do you know what the plan is with that property um at the moment no we haven't directly but he he could intend it either to renovate and create or like do a new a new resident there but he he's planning on it being residential either either that yeah or whatever we we can work with the council okay excuse me either that or what excuse me either that or what oh or or we can uh something that we can work with the council or I'm not really sure I heard that is that's that lot is also ml20 I believe which is also could be used for commercial so um his intentions what I believe it's he will probably do a new a new uh residence there okay and have his business on the side on that L all right and that's the one to the west to the West okay and does he own that property that's the the residential structure to the east to the east no I I don't believe but he uh business right now is located next as down Southeast to lot to the to the east Southeast the southeast yeah okay great thank you any other questions for the applicant thank you very much all right um is there anybody else who would like to speak in favor of this item anybody who'd like to speak in opposition to this item all right well it needs to be one at a time and please state your name and address uh yes sir um my name is Kenneth McBride I'm at 2132 East Irving Boulevard um thank you for the opportunity I'm just going to read what I wrote Because I've never done this before that's great um so thank you for the opportunity for us to understand what is being developed and for the chance to speak in the proposal and the zoning request change being considered for my neighborhood uh my name is Kenneth McBride and I am a lifetime resident of Irving Texas and I purchased my first and only home on 2132 East Irving Boulevard in October of 2002 um I was 22 years old when I bought my home I worked very hard to improve and pay my home off in my initial years it was always my dream to be a family man I've always taken great pride in growing up in South Irving and I take a great deal of pride and family and Community my wife and I married in 2014 and started having children in 2016 growing responsibilities in my time has since landed us with the blessing of three small children and the chance to be a caregiver for my 83-year old grandmother I am against changing our Zone from traditional neighborhood to manufacturing and warehousing I am unaware exactly how this change would impact my neighborhood currently and in the future in regard to traffic noise taxes appeal and other unknown factors we love the neighborhood feel our house has we appreciate Irving permitting folks to improve and even build new housing on on and around our street we appreciate the walking and biking trails leading into Trinity View Park and camping on trails that are accessible from our street my family and I want more growth like this we currently have higher volumes of traffic on our street that I feel is largely contributed to businesses operating on each end of our street we witness daily folks driving well above the speed limit entering and leaving the businesses on the East End of the Street in addition to the traffic from car lots and mechanic shops along the West End of the Street allowing Zoning for manufacturing and warehouse for more business on the street will only further increased traffic and take away from the neighborhood traditional feel that is left over it feels less and less safe for our kids to play in the front with higher frequencies of speeding and traffic over the last 5 to 10 years in regards to visual appeal I can't currently see the businesses on the east side of the street from my porch allowing this zone change would place a potential manufacturing site or Warehouse in view across the street from my house the potential for further growth from successful business for that company in time could potentially change plans for the property owner to incorporate further change for not just the suggested Lots but for the neighboring lot directly across the street from my home which he mentioned and I'm not for that in regard to taxes and insurance things have been steady on the rise I'm unaware how this zone change would impact property value and taxes from the homeowner perspective for current times to 20 years down on the line my wife and I have invested the majority of what we have into our home we added 800 squ ft in 2020 to improve our lot in our home for our family we are all in for the Long Haul and fully vested we certainly pay our share in taxes and insurance and the growth we have achieved we don't fully understand how these potential changes possibly being implemented would impact property value and taxes all we truly understand is change seems around the corner and is apparent the direction is opposite of traditional neighborhood friendly we have always wanted growth in traditional family and we have exemplified that incredibly on our plot and with our neighbors for the entirety of my time on East Ring Boulevard thank you for your time and patience to understand my point of view it is my deepest hopes and prayers to keep the neighborhood growth to remain along the lines of traditional neighborhood rather than warehouse and Manufacturing I pray for your empathy and support to those of us who call this street home have a safe and good evening thank you all right who would like to speak next hi I'm G to do the same thing that's fine I humbly come before y'all just wanting to to give my view I live at 20 I'm christe Stevenson I live at 2127 East Irving Boulevard which is next to the other property that he just bought he just purchased um I oppose this propose zoning and land use changes at 2131 East Irving Boulevard and 251 East Shady Grove I bought my house on East Irving Boulevard in 2009 because of the beautiful trees in the 1942 Farmhouse it's a very quaint and unique neighborhood with lots of trees that's one of the many reasons my neighbors and I treasure it there's lots of tractor traffic and noise as Kenny had said during the day but it's generally quiet at nights and weekends adding a manufacturing or Warehouse where families live including children is encroaching on our homes and our way of life causing more noise traffic and probably bright lights on an already busy street this will affect the nights and weekends I hope this brings light to why I oppose these proposed changes um the gentleman that spoke about the changes all that he brought up the property next to me uh the 2229 East Irving Boulevard last week with um the owner did not have the gas lines um what's the word he didn't have the gas line to know where they were running and he was digging with a back hole and he hit a main gas line right next to me there was three fire trucks there's Hazmat thank goodness there was a big Breeze but it was not done with the permit it was done after the fact that they came out and found out how to turn it off and repair it it is now repaired but if this is any any reflection on what he might do on this other I don't I don't want to have any part of that in our neighborhood thank you for listening thank you hi my name is Dana Bailey I live at 2103 East iring Boulevard it's actually my grandparents house and I know I now live there my family's owned that home for over 50 years and and we oppose the resoning of the addressing question 2131 East Irving Boulevard has already been running a business out of that residence for over 2 years that I'm personally aware of um we've been dealing with numerous random people parking their vehicles along the street work trucks coming and going and the noise involved with that as recently as Saturday of this past weekend as I was coming home the back end of an SUV was jetted out into onto East Irving Boulevard because they had so many cars parked end to end to leave the other side of the driveway open so the work trucks could go in and out of that side of the driveway um let's see if this residential address is rezoned this will only exacerbate the traffic and noise level at that address which disrupts the peacefulness of our homes we live there these are our homes the applicant should acquire a proper Commercial Business location to conduct business that is not in a residential neighborhood as any other businesses are required to do this was residential first and should remain as such we already have semi-rs and normal vehicles that speed down east Irving Boulevard and unhoused people walking back and forth on our street the Irving Police Department has already set up veh vehicle counters radar machines and now a digital speed sign that reads oncoming Vehicles however that does nothing to slow the drivers down currently we do not need additional noise commercial traffic and safety issues added to it again our safety as residents the noise level and even more increased commercial traffic will only rise if these addresses are rezoned and Commercial properties are approved within our immediate neighborhood thank you thank you anybody else okay hi I am Candace Cobb and I live with my husband at 215 East Irving Boulevard next to Dana that just spoke and we have been in our home since 2015 it's when we bought our house um steadily the traffic has gotten worse especially since Co the we have a homeless encampment at the end of our street by the mechanics that you guys heard of tonight so we already have a problem with random people that we've never seen before encroaching on our home we surely do not need more random people in an industrial setting not people that we know like our neighbors but random industrial people coming and going in our small residential peaceful neighborhood with the walking and biking trail I'm sitting next to my cross the street neighbor we have a lot of those type of neighbors it it's just not safe for us with what he's proposing to to do on East dering Boulevard if he wants to do this on Shady Grove that's a whole horse of a different color if you will but not in our little peaceful quiet neighborhood with children and elderly and that's what I would like to say thank you thank you all right is there anybody else would like to speak in opposition to this item no sir would you like to have a chance to to respond up here at the microphone please I forgot to add one thing I you say your name and address again just for the record so it's clear Morales I I am representation of next design bill which is Works uh or client with AJ truck parts um I have three letters in favor as well if you if you need to see them or if I if I can send them to some one I I'm sorry I do understand um there um could you maybe put them on the uh oh the letters in favor yes on the overhead are those letters from nearby neighbors um I just picked them up from from the from the client with so this is uh 20 256 Shader grou can you scoot it up a little bit further okay great thank you that would be one okay that's the second one okay can you scoot it up to see if there's anything anything further down below okay no there's not all right and if you could likewise yeah okay and have all those already been submitted to the city uh I picked them up uh right before I came to to the meeting U I'm not really sure I believe um um my my supervisor with with uh sign next to tomu would you turning them over to Mr Bloom there he can take them and he he'll be able to include them in the materials for this packet that way they'll be available when it goes to city council okay yeah I actually didn't get a copy too so those are the only copies okay I I can see a copy later right um I or I would have to wait and get a copy he's hoping to get a copy back he doesn't have his own those are the originals and I need a copy or at least I can take scan an email back to him yeah great um did you want to say anything in response or reply to the the comments that were made no I um I'm just representing the the client and um actually I'm representing the company I works with the client so I do apologize for the inconvenience um I'm just doing my job okay great thank you very much thank you all right uh then I will bring the discussion back to the Commissioners to discuss and um and then ultimately motion uh well the public hearing portion is over sorry sir yeah yeah that's actually I wanted to ask a question to the applicant the applicant can come up okay um where those letters from residents um I believe so that's what he said when I picked them up because um I actually looked them up too and one of them is from the south business ER from that location and the one looks you said that the same app the same applicant the owner owns the lot next door and that's the same owner so pretty much is of course he's supporting his own proposal okay then um for that um I would have to like get back with him and and kind of uh check if if it's from from Neighbors or okay I believe it's uh people in in the vicinity right okay so you don't know anything about these the people who submitted these letters in support uh no okay no I just picked them up before yeah you don't know who they are thing they said uh I need to come and pick him up before I came to here okay and do propos so um I mean my general thought on this is that the oh you have any questions for him okay you can sit back down sir I mean just just having a thank you for the for the residents that came to speak today and I mean my general thoughts on this is that I mean having industrial I mean Warehouse manufacturing next to residential I mean it's it's not the correct way to to swn this I I also believe that city council should look into probably even resoning those lots um entirely to the residential because it I don't think it should be fair for for this applicant either for the lot next door or something to build a warehous and so they should all of this should be a probably reson at least portion of it to to make sure that residential EST St residential and Industrial industrial right and well oh yeah any any further comments or discussion go ahead I'll support uh Gerald's comments um I don't think it's a good fit for the neighborhood um I just don't see uh industrial Warehouse being um something that would be neighborhood friendly to the residents there that's invested a lot of time and money in their house and created their quality of life I think it would be a big disruption to them yeah I have a comment as well thank you for coming out and for advocating for your neighborhood as a neighborhood leader I can I completely empathize with you I don't think this is um a good fit I do not support this comprehensive plan amendment I do Echo what the commissioner have said I do believe there needs to be some zoning Cleanup in this area to make it more compatible with the traditional neighborhoods Mr chairman if there's no other comments I'd like to make a motion for comprehensive plan Amendment 242 2024 253 CP 353 353 CP uh be forward to City uh city council with a recommendation for denial I'll second okay we have a motion and a and a second for denial please vote okay and the motion passes unanimously and then we have the the second part is the zoning case 2024 352 zc and did the applicant did you want to say anything further on the zoning portion of it as separate from the comprehensive plan you kind of addressed it all together so but I just wanted to double check the next yeah it's about you've already said everything you needed to okay all right um out of an abundance of caution I'll open up for a public hearing again uh is there anybody else who'd like to speak uh in favor of this item um is there anybody who' like to speak in opposition to this item you don't have to speak [Laughter] again I we won't deny you the right to do it but you don't have to we we [Laughter] remember the the thing it was in my mind is your name and address name address J Jose Valdez 215 is in Boulevard the the other thing that I want was crossing on my mind is we already saw one paperwork that is not real he's supporting his own project and second he started to construction without permits if something happens and he approv what all other things he's going to do himself to damage the neighborhood you know that why we don't want him to reson or build any Commercial Warehouse over there that's it great thank you sir thank you anybody else would' like to speak in opposition to this item just have one more if if you want to speak you have to come back down to the microphone I know sorry we have to get it recorded So that that requires the microphone I'm my name again and all that yes please I'm Candace scob I live at 2105 East Irving Boulevard I I just wanted to mention I know Christie did but I did not the other night when they hit the gas line there were five um City of Irving fire trucks plus the HazMat team we were terrified we all have gas going to our homes and for them to be as Reckless and careless to just go ahead and do it by theirself without checking to see where the gas lines were just total disregard for the entire neighborhood they had to call Atmos out it it was late at night christe lives right next door to that property they were in her house checking and it was terrifying y'all it really was and this is the type of thing we're dealing with you know with this situation and also like my neighbors were trying to let y'all know I want to just make sure it's crystal clear this James that saw in the petition that it was for he's the one that just sold his house to this guy so that should be thrown in the trash immediately thank you thank you very much anybody else would like to speak in opposition to this item no sir did you want to respond to any of that no okay all right then I will return it to the commission for any discussion and a motion if um if there is not further discussion I'd like to make a motion on some case- 2024 352 ZZ for recommendation of denial and um also recommending for the city council to reson the nearby um to residential that's a separate issue oh okay so just so we you've we've mentioned that okay for yeah I'll second all right we have a motion recommending denial it's been seconded please vote and the motion passes unanimously all right so it still does go to council uh they they have the final decision on this so all right moving on to zoning case 2024 d356 dzc located at 1900 Marketplace Boulevard Suite 110 is the applicant present good evening chairman Skinner count uh commissioners um Miss Murphy and Mr blooms and staff Sharon Barbosa crane 2608 Allen adale Irving representing the owner and applicant in uh zoning case uh 24 uh uh 32 beg pardon 356 uh this is an RB case on a 1.7 acre tract of land with a 7,000 square foot building space uh for this zoning case uh the uh subject proper property is a restaurant and the restaurant owner has determined that he wishes to uh sell alcohol to his customers to provide an additional service to them it's already been established this is a good place for a restaurant and so now uh we're asking for the RAB zoning designation to allow him to sell alcohol on the premises to his diners uh this restaurant is located in a shopping area it's surrounded by commercial and other Raab establishments uh it is located with great access to the restaurant it's owned both 635 the shopping center area is and Market Place uh so the access is a very excellent it should be a v viable and successful asset to the neighborhood and uh to the whole inventory of the area the restaurant itself will be a twostory uh operation with a number of private areas within the rest Resturant an attractive bar area uh it is um designed without any gaming devices or other similar devices there will be music periodically for the uh relaxation and enjoyment of the customers who come in um there is not really anything that is negative about this zoning case it is a positive thing that will allow a shopping center that U has had some vacant area to fill that area in with things that are services that are very um attractive and needed in that neighborhood as you have seen the way it has increased with both residences and businesses in the last few years and so we respectfully request a recommendation of approval for this Raab case we're here to answer any questions that you might have this is within the uh Regional uh commercial area of the future land use map designation as well as being in that designation today and so there is no change with the use on the property being commercial and Retail there is no change in the future land use map designation uh there is only the ability to further uh the uh advantages of this restaurant by increasing those offerings that you uh have for the customer base that will be there thank you so much and as I said I'm here to answer any questions you might have thank you do any the Commissioners have any questions for the applicant no all right is anybody else anybody who'd like to speak in favor of this item anybody who'd like to speak in opposition to this item there being no further speakers I'll return to the commission for any discussion and a motion if there's no other discussion I'd like to make a motion I recommend uh zoning case 2024 356 zcb sent to city council for approval second all right we have a motion and a second for approval please vote and the motion passes unanimously all right item number 13 202 24-36 2- zc is located at 5000 West John Carpenter Freeway freeway is the applicant present chairman Skinner and Commissioners um Miss Murphy and Mr gloan staff Sharon Barosa crane uh 2608 alanadale Irving here before you again representing the owner and applicant for this zoning case uh located at 5000 West John Carpenter Freeway which is asking for um pretty much the same zoning that it has currently just with added Hotel uses and uh the explanation you received in your staff briefing and what I'm about to say explains that uh this is a 1.9 acre tract of land um the this was the home of ay fort in hotel uh couple of years ago that hotel was destroyed by fire today the owner Desiring to rebuild his business there who by the way is an experienced hotelier both a builder uh and an owner of hotels owns three facilities in Irving about $25 million worth of a Val property value that he already owns in Irving wants to rebuild this hotel but he does not wish to build it ex exactly as it was previously you see he can rebuild exactly what he had but he wants to improve what he had and that's why we're here with the zoning case tonight because no uh if he built exactly what he had it wouldn't make any difference about the variances that he would need if it was a new development because he can build it like he had it and it would certainly have variances today because Hotel standards have dramatically changed in the last couple of years or so what he uh wants uh to do is to install a new uh Hilton product it's called Liv smart it's for the uh tra it's for the niche of the traveler who wants a um a kind of a basic functional place with some nice amenities for what those Travelers want but are not necessarily what the luxury or high-end traveler wants and so that's what we've offered for you here today um it is it has variances but these variances are because number one you can't rebuild it uh without having variances because of our standards and number two the size of the property constrains any additional um room that you would need to install other types of uses within the hotel proper now it does have instead of 101 rooms that the comfort in had this will have 120 one rooms that is a great Improvement and moves toward what you all prefer and yet it keeps it within the desires of the Hilton company the Hilton company actually contacted this particular owner and developer to see if he would be interested in having the their new product because of the number of properties he owns in other areas and his good reputation and so this is what he would like to do here this type of Hotel appeals to tra pardon me Travelers who uh need a few days they don't need a lot of days but they want uh something that allows them to stay in their room this would be people who have airport related travel people have business related travel medical treatment related travel uh Family Travel and young people who don't want a lot of uh Frills or a lot of business uh uh and meeting place they don't need a TH or five certainly not 5,000 square ft of meeting space they don't want any uh you have other Travelers who are like that and they look for this type of Hotel the market studies done by Hilton and the market studies done by the industry at large has shown an increased demand for this kind of facility and in this area as well you get more than what you had by approving this zoning case and uh I'll give you just a moment before I sit down there just a moment of personal testimony on this have a family member who has to have treatment at MD Anderson every so many weeks travels there stays in a facility just like this one with small Provisions not uh full size anything though they allow it in this live smart model this particular one does not desire it uh they want the smaller uh accouterments in there that would allow you to order pizza and keep it cold and warm it up when you were ready to eat it and things of that nature 3 to 5 days is the average stay this is something that uh as your staff has told you will not increase our hotel inventory but we'll simply replace something that we had and replace something that we had with a better product a more heavily marketed product an improved in brand new product and something that uh we can be proud of because it will serve so many people that need to be served by the niche that this creates and be done by a developer and owner that you can trust because he's already done it so we're here to answer any questions that you might have we respectfully request your recommendation of approval to the city council and as I said I'm here thank you thank you any questions for the applicant I have a question for you Sharon um could you said they could build back and we were told during work session they could build back what they originally had because it burnt down yes is there a way to do the Hilton model with what they originally had or no uh for the simple reason that number one you couldn't get the extra rooms MH you have to change you have to keep you can stay with 101 rooms but I'm saying is there a way to build this back with the Hilton model with 101 rooms the design Etc not really because when you look at what they had they were required to have certain things they won't have here they uh did not have certain things that they're going to have here so they just don't match and so if they don't match that means we got to come before you all in the council with the zoning case and footprint because they do want to increase the rooms now the Hilton model doesn't want 200 rooms but they're happy to have more than 100 rooms and the only way they get that is by modifying the footprint slightly and modifying the interior from the original site plan and that's what they're here to do okay any other questions to the applicant you have any questions no sorry okay yeah all right is there anybody else who' like to speak in favor of this item anybody would' like to speak in opposition to this item no then I'll return to the Commissioners for any discussion and a motion no further discussion then I think I'll probably surprise Sharon by saying I actually vote to um move this to city council case 2024 362 dzc for motion to approve I second all right we have a motion recommending approval and a second please vote and the motion passes 7 to1 all right we move on to item really it's items 14 and 15 um but we'll be they're slightly different but they're related cases item 14 is zoning case 2024 d364 zc um of course the related case is development plan 2024 365 DVP uh also different because the second one is a final vote by the count by the commission okay so is the applicant present all right do you want to present on them at the same time or do you want to have them separated out what is your preference I prefer you to do one presentation that works for us great U Tyler reek 2700 Commerce Street Dallas Texas 75226 um I'm the developer of this project um with with Hines and um thank you for your time this evening so our our intent with this property um as was described in the work session is is to redevelop the property into five Class A office warehouse buildings um on the property as a part of the zoning case as you're probably aware our use is allowed by right what we are here today asking for are slight variances to the uh underlying ordinance um for parking for sidewalks um and some Landscaping trees which I'm going to get to that here in a second um so as you'll see here uh we have five buildings um the site is very challenging from a topography standpoint so for perspective it Highway 183 going south to galweiler is almost 60 feet of Rise um we have actually the perfect dividing line between the two uh building one and buildings 2 through four is about a 20ft tall retaining wall and so a lot of the variances that you're seeing and that we're requesting this evening have to do with the topography and being able to make this a functional project um while getting as close to uh the requirements as we possibly can um as part of this we've asked for a reduction in the parking requirement of 1 per 1,000 to 1 per 2,000 um I would like to state that after further investigation conversations um and hard work by our engineering team we have gotten closer to the one per 1,000 Mark um Although our request is one per 2,000 we're about 1,500 um and a lot of that is driven by the the 30 foot required landscape buffer um as well as just the grading that's required on this site in order to accommodate those parking spaces along with our desire to separate Truck and Auto traffic for safety of the project project um additionally I wanted to clarify a couple things that came up in the work session um this is not a concept plan this is actually what we intend to go build um we did provide renderings a traffic study um and some buildings uh that are somewhat of an example that have been recently developed across the street so what you're seeing here is what I intend to go build um as part of this case uh going to the second part of this case with the Pud the building one the building one I think the biggest challenge here not only grading but the Detention of the property um having to be at that northeast corner because of the fall from the site one thing that we are here asking a variance for on that part of the zoning case with being PUD 6 is the 150 fot setback of the building U be allowed and to accommodate a second row of parking in front of the building this is a rearload building which means that the office showroom component of the building operates out of the front and the business end as we call it operates out of the back so the pretty side said another way the pretty side of the building is at 183 um and with that uh Dan Gallagher with kimley horn is here to to elaborate a little bit more on the grading but that building has to sit back further off the roadway in order to make the driveways um usable from not only Auto but as well as truck traffic um and so that is why we're asking for the building setback and then the second row parking is obviously to accommodate or get us closer um to the requirement um under the current ordinance I will stop there and uh oh and I would like to clarify we are asking for a variance on the landscape trees which we no longer um need we've been able to accommodate that request under our current plan that's presented here so you're no longer at requesting that variance that's correct okay right how much time do we have left um about five minutes okay uh my name is Dan Gallagher 2600 North Central Expressway in Richardson Texas um can I go to the grading plan cut this okay how do I switch to okay so I'm going to try and explain this as simply as I can but I realize we're possibly limited on time so if we focus on that building one uh the the large red labels those are proposed grade elevations and so to to Tyler's Point um the elevation at that northeast corner if you look at uh 434 that's an existing grade that we have to tie into the building finish floor is at 450 and that's a function of uh the earthw work making sure we don't have to haul in a bunch of dirt or haul out a bunch of dirt so all of the dirt on the property will stay on the property and so in order to make that driveway functional uh we have to have the building set back far enough so that the the driveway isn't too steep so the uh the Pud 6 requirement as we understand uh places the building no further than 60 ft from the RightWay and so we already have a 30ft landscape requirement as well as the requirement to have a fire lane in front of the building um and when you consider the 16 ft of elevation change that we're trying to make up it it makes it very difficult to push that building that close to the RightWay so it's it's purely a grading constraint um I guess I can touch briefly on the uh there is an ADA accessibility variance that we've requested which essentially states that um The Pedestrian access from the building must connect to a public right of way um for similar reasons it's it's very difficult to meet that requirement uh because we're limited by maximum slopes in order to meet Ada which are 5% so for every 100 ft of distance you can only have 5T of elevation change so if we were to exceed that the sidewalks would not be ADA Compliant um so because of the limited distance from the buildings and the the large elevation change to the public right of way uh accommodating sideway to that sidewalks of that nature would be very difficult um not impossible but it it would be quite difficult to keep them ADA Compliant so um I think we might pause there we've tried to do our best to hit on each of the variances um are you done with your presentation yes we're here for questions yes done with the presentation okay great do any of the Commissioners have questions for the applicant yeah I do so do you are already have tenants for this space or are you building hoping that tenants will come so this project is going to be built speculatively uh meaning we do not have a tenant in tow and with the exception that we do have a tenant that is um likely going to lease building four we are trading proposals with them right now okay the other four buildings will be built speculatively go ahead sorry um so since you don't have the other tenants how do you know they won't require the parking spots we've been in this business a long time and we know the tenants in this market we actually own a project um not too far from here in the city of Dallas it's a 13 building project um that's in this same submarket and so we're very familiar with the parking requirements and actually uh have done quite a bit of study on that relative to this project in this immediate area and what we found is that um under the current zoning ordinance a lot of these buildings end up overbuilt with parking and a lot of unusable concrete space that we feel could be used for landscaping um and so we're confident that the parking provided here on our plan is going to be sufficient for the tenants at least these buildings uh based on your presentation it sounds like you're arguing that you need these variances a kind of hardship due to the nature typography of the property but I I I don't get the impression that that was really argued to staff nor that staff was given the opportunity to evaluate that which normally that's the first part of this uh am I mistaken about that uh no I I wouldn't say you're mistaken staff did a wonderful job we've been working with Gina the entire way I I think there was a misunderstanding that uh that the hardships weren't um we weren't we weren't expecting um that the uh the hardships as presented we we didn't go to this level of detail on grading um as we were going through the the concept plans so it was it was uh our mistake for not asking staff hey would you like to discuss these further when the agenda came out we saw that uh obviously staff had not been presented enough information so we did have a call with them Friday uh we realized that you know perhaps we need a little more time to talk through this um but yes we we did not have this detailed level of conversation with staff that was not staff's fault you know we should have reached out and had those conversations and I think had had we had them we probably could have come in uh a little better prepared so we've we've tried to present the best case here uh we do want to make sure that there's there's additional time if needed to discuss with staff but um yeah I think it was just a kind of a misunderstanding on our Port um and so obviously that that is not staff's fault whatsoever with that in mind I mean you've already mentioned that one of the variants is you're no longer seeking um and we really benefit from getting the input from the staff and have them having the chance to really evaluate it would you be open to a postponement um till next month to assuming I I assume that would be a long enough time um for you to provide this information that the staff could really have a chance to evaluate uh whether it it meets the hardship requirements um yes we are open to postponement if that's what this City would would prefer okay right thank you I I would agree with you Josh on that postponing it giving everybody time to go through everything look at it review it and then bring it back to us you can remove that one variance that you're not requesting anymore clean it up make it more straightforward I would say review all the variants and make sure that they're all actually need it yeah like you mentioned that you might not need one of them to the same extent yes we were we were instructed by staff to remove that one variant after we told them that we could accommodate they've been aware of all of the others from the beginning um and we've pushed as hard as we can to to be under the current ordinance and this it will not change by postponing um I will say that that to Dan's point we could have done a better job um highlighting some of the hardships to staff but our request will not change uh with the postponement okay but even the explanation from staff their evaluation of whether you meet the hardship requirements certainly for me that would be very helpful to have I would appreciate having their Insight they have a lot of experience on these things at this point I mean I could support the zoning the freeway use zoning but I couldn't support the variances and everything else I understand and I think with your topographical what you showed it did change me a little bit I'm a contractor so I do understand topographical very well and some of the hardships it can create um and I think it would be to y'all's benefit to consider a postponement going back to staff with this TY stuff okay yeah and I'm I'm not convinced that uh we should do a verance on the Ada parking I mean when we do that then that's going to be set for any other tenants that come in and I'm not sure that that's the best route we should be taking I personally don't see the need for a postponement I think they've done a very fine job explaining the case today um and I appreciate the feedback particular the topography update um having said that though this is in PUD six and I'm really not certain that I know what city council's objectives are in the long term for PUD six and this is a very very valuable piece of land so from that perspective I've not in favor of postponement and I'm also in favor of denial so I allow city council to weigh in on this in particular because of the nature of this property and and the Pud designation I agree as well with you I support okay any other questions for the applicant we haven't done the public hearing portion yet so no questions for the applicant all right thank you very much is there anybody else who'd like to speak in favor of this item anybody who'd like to speak an opposition to this item yes ma'am good evening ladies and gentlemen I'm Sharon Kilroy I'm property owner of 1615 Maryland which is at the corner of East grower and Maryland Drive uh lots of changes have happened in this area it's a very old part of of Irving oh gosh my question is like what you were mentioning what is the long-term for PUD six will this type of a change fit in I mean the businesses are all up and down east grower and then on Maryland um and then on around the curve to Hinton those are businesses and residential not a lot of people know that there's residential over there but it but it exists and most of the people have lived there for a very long time how is this going to impact those residents or eventually are their properties going to get bought out and it won't matter at all I don't know but my my concerns and my questions are related to the increase in traffic safety for the families the children school buses the elderly what is this warehouse for what what type of a product will it have is it going to promote jobs or is it going to be a distribution center because the intersection of East grower and and Maryland I don't know you said you had done some traffic reviews there needs to be more than just a stop sign there just for starters without even a new Warehouse it's very dangerous and the school bus stop is right there so I'm I'm just here really trying to gather more information I don't really know if I oppose it but I don't know if I really promote or or go with it either because I don't think there's enough information um my property is just right on the line of of the crisscross which I don't know what that means am am I right there uh next to the parking area or is that going to be a beautiful landscaped area I don't know but I do know that the curb that that when you turn to go onto back onto 183 does not accommodate a 18-wheeler truck it's already crushed they rebuild it it gets crushed again so other things are going to be needed for any type of increase in traffic for the safety of of everyone so thank you for listening I'm I'm excited if it's going to be growth I mean I don't think the coyotes are going to be real happy because that area is just a grassy land um I think there's some electrical lines I know there's a fire hydrant but there's no sidewalk or anything like that but cross the street are Apartments um but but right now there's nothing there so thanks you thank you for listening thank you is there anybody else who' like to speak in opposition to this item would the applicant like to respond at all do you need my name and address yes please Tyler reek 2700 Commerce Street Dallas Texas 75226 thanks um those were all great questions and I'm actually glad that I'm getting an opportunity to speak on that because I missed them in my original presentation so um this will be a job center these buildings although they are light industrial buildings they're not bulk distribution buildings they're shallow bay as we call it um which generally lends to more of an office retail um showroom functionality than it is true bulk distribution like you would see in other markets um so yes it will be a job center uh we will be you know adding to the tax base and and there will be employment opportunities here as far as the traffic goes we have already conducted a traffic impact analysis through kimley horn um and we have provided the transportation department a copy of that which does demonstrate um that there will be no adverse impacts of this project relative to the existing conditions so staff um and and members of the city have that in hand or we're happy to answer any questions regarding that um the tenants that lease these buildings you know it could be anybody um from you know an office uh office user to a showroom uh or retail front a tile distributor um an HVAC Supply Company um so you know as I mentioned before this is a this project will be built speculatively I can tell you that the tenant that's interested in in building for um is an HVAC Supply Company um and they like to own their own buildings and they've been in the area for very long time and um so we're excited for the opportunity to create jobs and uh an employment center within the city of Iran thank you all right then I'll return it to the commission for any discussion and motion do you the postponement we need a motion I have one question do you all want to postpone or do you want to continue we would like to postpone okay okay I'll make a motion if there's no other um Commissioners have no other comments zoning case 202 24-36 4- ZZ be postponed till our December 2nd December 2nd meeting second all right we have a motion in a second recommending or postponing please vote okay and the motion passes 6-2 uh and then we move on to item number 15 the development plan 20243 65- DVP um you already presented on so I assume that nothing further to add on this okay with postponing on this one as well right uh is anybody like to speak in favor or in opposition to this item there not being anyone I'll return it to the Commissioners for any discussion and a motion okay I'd like to make a motion to postpone uh case 2024 365 DVP to December 2nd I'll second okay we have a motion and a second for postponement to December 2nd please vote and the motion passes 62 all right and that was our our last item so the meeting is adjourned at 8:23 p.m. [Music] [Music] [Music]