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MINUTES
The Plan Commission of the City of Garland convened in regular session at 7:00 p.m. on Monday, March 25, 2024, in the Council Chambers at the William E. Dollar Municipal Building, 200 N. Fifth Street, Garland, Texas, with the following members present:
Present:
Scott Roberts, Chairman
Julius Jenkins, 1st Vice Chair
Wayne Dalton, 2nd Vice Chair
Georgie Cornelius, Commissioner
Patrick Abell, Commissioner
Michael Rose, Commissioner
Absent:
Stephanie Paris, Commissioner
Rich Aubin, Commissioner
Staff Present:
Will Guerin, Planning Director
Angela Self, Planning Administrator
Nabiha Ahmed, Lead Development Planner
Matthew Wolverton, Development Planner
Trey Lansford, Deputy City Attorney
Elisa Morales, Secretary
CONSENT AGENDA
All items under this section are recommended for approval by a single motion of the Plan Commission, without discussion. The Plan Commission has had the opportunity to review each of these items during a pre-meeting. The Chairman will announce the agenda and provide an opportunity for members of the audience and the Plan Commission to request that an item be removed and considered separately.
Motion
was made by Commissioner Jenkins to
approve
the Consent Agenda. Seconded by Commissioner Dalton.
Motion carried
:
6
Ayes,
0
Nays.
1.
MINUTES
a.
Consider approval of the Plan Commission Minutes for the March 11, 2024 meeting.
APPROVED
2.
PLATS
a.
P 24-08 Kingsley Road Properties Industrial District - Replat
APPROVED
ITEMS FOR INDIVIDUAL CONSIDERATION
Speaker Regulations:
Anyone wishing to speak for, against, or on agenda items must fill out a speaker card and give it to the Plan Commission Secretary before speaking (cards are located at the entrance to the Council Chambers). The Chairman will recognize speakers; he may impose a time limit and may provide for rebuttal. All comments and testimony are to be presented from the podium.
3.
ZONING
a.
Consideration of the application of
David Gibbons
, requesting approval of 1) an Amendment to Planned Development (PD) District 17-25 for Multi-Family-1 (MF-1) Uses and 2) a Detail Plan for an Elder Care- Assisted Living Use. This property is located at 1922 Castle Drive. (District 2) (File Z 23-28)
The applicant, David Gibbons, 1675 W. Campbell Road, Garland, TX 75044, provided an overview of the request and remained available for questions.
Commissioner Dalton asked the applicant for clarification on why the development is being presented as an assisted living versus an independent living but reiterated that he fully supports this development.
The applicant responded that they decided to go the route of assisted living since under the current PD 17-25, assisted living is in place and would be easier to amend the existing PD versus starting from scratch.
Commissioner Jenkins asked the applicant how the issue of pets and any potential conflicts between residents might be mitigated if there will be no staff on site.
The applicant responded that at the moment, he did not have an answer but that would certainly be something they would address once the property is developed. One option they are considering is partnering with the property next door, Hometown Garland, and outsourcing their management to them to help provide a better on-site experiences for their residents.
Commissioner Jenkins asked the applicant about the fencing and wanted clarification on the different types of fencing between the existing wood fence on the western side of the property and the mixture of metal and wood component on the south side.
The applicant clarified that on the north, east and south side of the property, the fencing would all be wrought iron with masonry pylons with landscaping as the barrier except on the back side where the fence will actually be on the gabion wall. The applicant further explained that they are putting in a substantial amount of creek erosion prevention which will not only benefit the property but also the surrounding homes. As a result, the back fence will not have any landscaping because the fence is going to be right at the edge of the gabion wall. The front and the east side will be the masonry columns with the wrought iron and the existing fence to the west, the wooden fence, will remain as approved in the existing PD 17-25.
Commissioner Cornelius asked the applicant about the amenities besides the courtyard that the residents would be offered and what exactly would be the age limit for this assisted living space.
The applicant clarified that the minimum age would be 55 years of age. He further clarified that the amenities were not necessarily excluded so as to not provide them but to be able to provide the additional five units that would remain in place of having a community center on site to be shared between 15 residents. Again, should they move forward with having the adjacent property do the management for them, they have a clubhouse, pool and other amenities that would be available for the residents of their development to use.
Chair Roberts pointed out that he believes some of the confusion with the development is that it is being advertised as an assisted living when it is essentially an independent living facility, hence why the additional parking spaces. He further clarified that in spite of this, the use is good and not any different concept wise than the use previously for this subject property.
Motion
was made by Commissioner Jenkins to close the public hearing and
approve
the application as presented. Seconded by Commissioner Abell.
Motion carried
:
6
Ayes,
0
Nays.
APPROVED
b.
Consideration of the application of
Golden Bee Trove LLC
, requesting approval of 1) a Specific Use Provision for a Used Goods, Retail Sales (Indoors) Use and 2) a Plan on a property zoned Planned Development (PD) District 18-40.This property is located at 5501 Broadway Boulevard, Suite 105. (District 4) (File Z 24-04)
Motion
was made by Commissioner Cornelius to close the public hearing and
approve
the application as presented. Seconded by Commissioner Dalton.
Motion carried
:
6
Ayes,
0
Nays.
APPROVED
c.
Consideration of the application of
Kimley Horn
, requesting approval of 1) a Change in Zoning from Planned Development (PD) District 99-49 for Neighborhood Office Uses to Community Retail (CR) District; 2) a Specific Use Provision for a Restaurant, Drive-Through Use and 3) a Variance to Section 4.39 of the GDC regarding perimeter screening adjacent to residential development. This property is located at 2301 Arapaho Road (District 7) (File Z 24-11)
The applicant, Garrett Johnson, 6901 La Manga Dr., Dallas, TX 75248, provided an overview of the request and remained available for questions.
Commissioner Dalton asked the applicant that since that their proposal is a fairly new concept, are there any other similar venues nearby.
The applicant stated that there is another store in Murphy off of Fairview and Murphy Road.
Commissioner Jenkins asked the applicant to describe the concept of the drinks that would be sold at the establishment.
The applicant explained that the product would be a drink concept that would involve adding different flavors of fountain drinks to make your own. Examples of drinks would be mixing coke with mango slices, adding strawberries to your Coca-Cola, etc. Other additional snacks such as packaged muffins and cookies would also be sold at the establishment.
Commissioner Rose asked the applicant how the entrance and exit would look to get into the establishment. He also asked about the on-site parking and if that would be strictly for the workers of the establishment.
The applicant explained that as of now, both Holford and Arapaho would serve as access points so that traffic could continue to circulate and not spill onto the roadway. In regards to the parking spaces, the applicant confirmed those would be primarily for the employees on site, although he could not say with 100% certainty that at any given point, a customer would not choose to park and finish their drink, though he does not see that happening often.
Commissioner Rose asked the applicant if he believes this concept would be successful as a drive-through only option.
The applicant explained that he has seen a shift in retail, and in the last four years there has been a big push for drive-through-only concepts. Most of these concepts are getting 75 to 80% of their revenue from the drive-through, so they are questioning the need for a 4,500 square foot establishment that no one is sitting in. There will be businesses that will continue to have inside dining such as Chick-fil-A, Raising Cane's, etc., but that is their brand. McDonald's is currently introducing a new concept similar to this with CosMc's.
Commissioner Abell commented that this establishment would be similar to the multiple pop-up coffee stands that are drive-through only.
Residents speaking in opposition of the request:
Rob Garner, 2246 Walnut Grove, Garland, TX 75044
Marc S. Quinn, 2125 Jasmine Ln., Garland, TX 75044
The residents speaking in opposition expressed concerns on the proposed zoning change use, noise and traffic concerns, hours of operation and the possibility of alcohol being sold in the future.
Chair Roberts did clarify to the residents that the establishment will not have drive-through speaker boxes and will be having employees take the orders at the drive-through, so this should help with any noise concerns.
Resident speaking in favor of the request:
John David Gonzalez, 10135 Rockmore Drive, Dallas, TX
The resident explained that he is the trustee of the Seven Investment Partnership and holds the title to the land and is therefore the seller. The resident explained that he has been trying to sell this property for approximately 10-12 years. Previous prospective buyers have included oil change shops, tire shops, etc. and as the seller, they have tried to be mindful to sell the property to the best buyer that will contribute to the Garland community. Given the length of time they have owned the property, since April 1967, the resident is asking that the Commission give serious consideration to the proposed development, given the time and effort that has been put into this property for the last decade to sell to the best developer.
The applicant explained that the hours of operation would be Monday - Thursday 8 a.m. to 9 p.m., Friday 8 a.m. to 10 p.m., Saturday 9 a.m. to 10 p.m. and Sunday would be closed. There would be no overnight operations. In regards to selling any alcohol in the future, the applicant clarified that selling alcohol would go against the religious background of the company managing the establishment. The applicant also clarified that he made attempts to reach out to the HOA President but was unsuccessful, but would be more than happy to meet with any additional residents to answer their questions.
Motion
was made by Commissioner Jenkins to close the public hearing. Seconded by Commissioner Rose.
Motion carried
:
6
Ayes,
0
Nays.
Commissioner Jenkins stated that while he was originally in opposition to this development, after hearing from the applicant and other adverse uses that could potentially be developed at this location, he is currently inclined to support this development.
Commissioner Dalton stated that he believes the proposed use is the best alternative and that this use would be no different than a drive-through coffee shop.
Motion
was made by Commissioner Rose to
approve
the application as presented. Seconded by Commissioner Dalton.
Motion carried
:
6
Ayes,
0
Nays.
APPROVED
4.
MISCELLANEOUS
a.
Consideration of the application of
Silvano Ramos
, requesting approval of a variance to Section 4.29 (C)(10) of the Garland Development Code requiring compliance of screening and landscaping requirements for an upgraded parking lot. This property is located at 409 and 411 East Walnut Street. (District 2) (File SL 24-01)
Motion
was made by Commissioner Jenkins to close the public hearing and
approve
the application as presented. Seconded by Commissioner Abell.
Motion carried
:
6
Ayes,
0
Nays.
APPROVED
b.
Consideration to amend various Sections of Chapter 1, “General Provisions,” Chapter 2, “Zoning Regulations,” Chapter 3, “Subdivision Regulations,” Chapter 4, “Site Development,” Chapter 5, “Relief Procedures & Enforcement,” and Chapter 7, “Downtown (DT) District” of the Garland Development Code of the City of Garland, Texas.
Chair Roberts stated that he would like to have Council consider removing one item from the change in the GDC Amendments and that would pertain to Section 2.05(f)(9) which allows the Commission the ability to postpone hearings. It was also suggested to add "scale" and "scope" to the description of Concept Plans in Section 2.11(B).
Motion
was made by Commissioner Dalton to
approve
the GDC amendments as presented by staff and include Chair Roberts recommendation to remove Section 2.05(f)(9) and amend Section 2.11 (B). Seconded by Commissioner Abell.
Motion carried
:
5
Ayes,
1
Nay by Commissioner Jenkins.
APPROVED
5.
ADJOURN
There being no further business to come before the Plan Commission, the meeting adjourned at 8:04 p.m.
CITY OF GARLAND, TEXAS
/s/ Scott Roberts, Chairman
/s/ Elisa Morales, Secretary
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