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MINUTES
The Plan Commission of the City of Garland convened in regular session at 7:00 p.m. on Monday, April 24, 2023, 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
Wayne Dalton, Commissioner
Julius Jenkins, 1st Vice Chair
Stephanie Paris, Commissioner
Georgie Cornelius, Commissioner
Douglas Williams, 2nd Vice Chair
Rich Aubin, Commissioner
Michael Rose, Commissioner
Chris Ott, Commissioner
Staff Present:
Will Guerin, Planning Director
Nabiha Ahmed, Lead Development Planner
Shawn Roten, Senior Assistant 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 Williams to
approve
the Consent Agenda as presented. Seconded by Commissioner Aubin.
Motion carried
:
9
Ayes,
0
Nays.
1.
MINUTES
a.
Consider approval of the Plan Commission Minutes for the April 10, 2023 meeting.
APPROVED
2.
PLATS
a.
P 23-14 Centerville Garland Final Plat
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.
4.
ZONING
a.
Consideration of the application of
Modern TH, LLC.
, requesting approval of a Change in Zoning from Planned Development (PD) District 02-38 for Mixed Uses to a Planned Development (PD) District for Single-Family Attached. This property is located at 1951 and 1975 State Highway 66. (District 2) (File Z 22-48 – Zoning)
The applicant, Jimmy Tanghongs 14200 N. Reddin Circle, McKinney, Texas, provided an overview of the request, and remained available for questions.
Commissioner Ott requested clarification on the type of batteries that would be used for the homes, whether the solar panels would produce enough energy to power the homes, clarification on the parking whether it would be on the street side or in the alleyway and a variance for signage.
Commissioner Jenkins requested clarification that there was no need to do a traffic impact study due to the size of the property as well as a lighting impact study to ensure the property has adequate lighting. Commissioner Jenkins also asked the developer for other experience building residential homes near industrial and floodplain areas and concerns on the grading of the property.
Commissioner Rose requested clarification on whether the HOA would be mandatory versus voluntary and if the HOA would be responsible for enforcing the parking requirements.
Chairman Roberts requested clarification on the architectural features that would be allowed to be three feet into the setback yard.
Resident, Joyce Carr, 1933 Hwy. 66, Garland, TX, asked for clarification on the number of units for the development, whether there would be any green space for families, clarification on the proposed size of the units and any fencing between the development and her property.
Resident Kim Pearson, 105 Bent Creek Dr., Garland, TX, spoke in opposition of the development and raised concerns on the high number of accidents and traffic at the intersection of Centerville & Hwy. 66 as well as residents from the development and nearby neighborhoods not being able to turn left from the development and go northbound on Centerville.
Motion
was made by Commissioner Rose to close the public hearing. Seconded by Commissioner Jenkins.
Motion carried
:
9
Ayes,
0
Nays.
Commissioner Jenkins expressed he had concerns regarding whether the developer could comply with all of the GDC requirements as well as building near a floodplain, but due to the amenities of the development, he would not be voting to oppose it.
Commissioner Rose expressed concerns on the parking and whether the HOA would be able to successfully enforce parking.
Commissioner Ott also expressed concerns on the parking but overall is pleased with the development.
Commissioner Jenkins expressed a request that the developer in an effort to be a good neighbor reach out to the adjacent properties to be certain they understand the nature of the development and to implement best management practices as the development progresses.
Chairman Roberts also stated he'd be voting in favor of the development. He noted the use of the development with spray foam instead of the traditional insulation.
Motion
was made by Commissioner Jenkins to
approve
the application per staff recommendation with the additional deviation of the three-foot overhang. Seconded by Commissioner Ott.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
b.
Consideration of the application of
Modern TH, LLC.
, requesting approval of a Detail Plan for a Single-Family Attached (SFA) development. This property is located at 1951 and 1975 State Highway 66. (District 2) (File Z 22-48 – Detail Plan)
Motion
was made by Commissioner Jenkins to
approve
the application with staff recommendation and additional deviations of the three-foot overhang. Seconded by Commissioner Ott.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
c.
Consideration of the application of
McGinnis Development,
requesting approval of a Change in Zoning from Multi-Family-1 (MF-1) District, Neighborhood Office (NO) District and Single-Family-7 (SF-7) District to a Planned Development (PD) District for Single-Family Attached Uses. This property is located at 417 East Centerville Road, 402, 502, and 698 East Kingsley Road. (District 5) (File Z 22-59 – Zoning)
The applicant, Casey McGinnis, 4029 Finito Drive, Frisco, TX, provided an overview of the request and remained available for questions.
Commissioner Rose requested clarification on the access to Rio Grande and whether it could be used as a cut through.
Chairman Roberts expressed concerns on the townhomes backing up to the adjacent homes having balconies and finding a developer that would provide a mix of the size of townhomes in the development.
Commissioner Rose asked if a mandatory HOA would be part of the development.
Residents speaking in opposition of the request:
William Davis, 414 Tulane Street, Garland, TX
Maria Diaz Ocampo, 401 Duke Street, Garland, TX
Maria Galicia, 403 W. Rio Grande, Garland, TX
David Mata, 3406 Syracuse Drive, Garland, TX 75043
Cindy Morrison, 3402 Syracuse Drive, Garland, TX 75043
Edgar Diaz, 401 Duke Street, Garland, TX 75043
Dave Sorenson, 406 Duke Street, Garland, TX 75043
Residents speaking in opposition raised concerns on the different HOA dues and the impact that might have to the upkeep of the development, square footage of the townhomes, tree mitigation concerns, loss of greenspace, overall size of the development, increase in crime and traffic.
Residents registered in opposition but not speaking:
Connie Mata, 3406 Syracuse Drive, Garland, TX 75043
Michael Harris, 3405 Syracuse Drive, Garland, TX 75043
Commissioner Jenkins requested clarification on the types of trees that were being proposed for the development and the developer's commitment to remain involved until an HOA can be up and running to maintain the development.
Commissioner Aubin requested clarification on the demand for the proposed size of the individual townhomes.
Chairman Roberts requested clarification on the handling of trash during the development and suggested the HOA put some language in their bylaws designating a certain number of units as rentals.
Motion
was made by Commissioner Rose to close the public hearing. Seconded by Commissioner Paris.
Motion carried
:
9
Ayes,
0
Nays.
Commissioner Aubin provided clarification that this property is privately owned and subsequently will be developed at one point or another.
Chairman Roberts clarified the difference between a townhome and an apartment is that a townhome is an ownership form of housing. Chairman Roberts also requested that a restriction be put in place not allowing balconies on the townhomes overlooking the yards of the homes behind them and for the Commission to keep in mind Option B that staff has recommended.
Motion
was made by Commissioner Aubin to
approve
the application with the staff recommendation that Option B may be approved administratively. Seconded by Commissioner Cornelius.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
d.
Consideration of the application of
McGinnis Development,
requesting approval of a Detail Plan for Single-Family Attached (SFA) development. This property is located at 417 East Centerville Road, 402, 502, and 698 East Kingsley Road. (District 5) (File Z 22-59 – Detail Plan)
Motion
was made by Commissioner Aubin to
approve
the application with the staff recommendation of Option B. Seconded by Commissioner Cornelius.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
e.
Consideration of the application of
Pape-Dawson Engineers, INC
. approval of a Specific Use Provision for a Restaurant, Drive-Through Use on a property zoned Community Retail (CR) District. This property is located at 6002 North Garland Avenue. (District 1) (File Z 23-01 – SUP)
Representing the applicant, Matthew Maly, 201 Main St., Ste. 901, Fort Worth, TX 76102, remained available for questions.
Commissioner Ott asked for clarification on whether this development was going to take place of a previously approved development in front of Walmart.
Chairman Roberts asked for clarification on the site layout in regards to the handicap parking and the standard dumpster container size.
Motion
was made by Commissioner Dalton to close the public hearing and
approve
the application per staff recommendation. Seconded by Commissioner Jenkins.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
f.
Consideration of the application of
Pape-Dawson Engineers, INC.
approval of a Plan for a Restaurant, Drive-Through Use. This property is located at 6002 North Garland Avenue. (District 1) (File Z 23-01 – Plan)
Motion
was made by Commissioner Dalton to close the public hearing and
approve
the application per staff recommendation. Seconded by Commissioner Jenkins.
Motion carried
:
9
Ayes,
0
Nays.
APPROVED
5.
ADJOURN
There being no further business to come before the Plan Commission, the meeting adjourned at 8:35 p.m.
CITY OF GARLAND, TEXAS
/s/ Scott Roberts, Chairman
/s/ Elisa Morales, Secretary
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