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MINUTES
The Plan Commission of the City of Garland convened in regular session at 7:00 p.m. on Monday, July 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:
1st Vice Chair Julius Jenkins
Commissioner Wayne Dalton
Commissioner Stephanie Paris
Plan Commissioner Georgie Cornelius
Commissioner Rich Aubin
2nd Vice Chair Douglas Williams
Commissioner Michael Rose
Absent:
Chairman Scott Roberts
Staff Present:
Will Guerin, Planning Director
Nabiha Ahmed, Lead Development Planner
Matthew Wolverton, 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. Seconded by Commissioner Rose.
Motion carried: 7
Ayes,
0
Nays.
1.
MINUTES
a.
Consider approval of the Plan Commission Minutes for the July 10, 2023 meeting.
APPROVED
2.
PLATS
a.
P 23-21 – Lofts iThirty Addition Final Plat
APPROVED
b.
P 23-23 – Jupiter Center Second Replat
APPROVED
c.
P 23-24 – Garland Shiloh Addition First 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
Fred A. Gans
, requesting approval of an Amendment to Planned Development (PD) District 87-1 for Community Office (CO) Uses to allow a Garage Condominium, Automobile Repair (Minor), General Office, Contractor's Office/Warehouse (indoors only) and Retail Use. This property is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike. (District 1) (Z 23-17 – Zoning)
The applicant, Fred Gans, 2323 Tarpley Ste. 100, Carrollton, TX 75006, provided an overview of the request, and remained available for questions.
Commissioner Rose asked the applicant to clarify whether the owners could change the rules with regard to who can own the units.
The applicant explained that as Garages of America in their condo documentation, there is a period of 20 years when according to the contract, certain stipulations cannot be changed or modified such as allowing overnight and outside storage on the property.
Commissioner Aubin asked the applicant for additional renderings of the development. He also stated that if the commission has long term concerns regarding the use of the property, that could be stipulated in the PD.
The applicant provided additional renderings in their presentation. He also clarified that they are willing to work with the commission to address any concerns regarding the use of the property.
Commissioner Dalton clarified for the applicant that unlike how other cities have handled his request, for the City's purpose, this is not a C1 zoning. His proposed development would be surrounded by schools, hotels and residential homes. Historically, the City has not put a C1 zoning in the middle of a retail space. Commissioner Dalton feels like this proposed development looks more like a Light Commercial development. He also reiterated his concerns about future owners converting their spaces into repair shops and/or renting them out to others.
The applicant explained that they do the best job they can in vetting the buyers to find out exactly what each buyer's intended uses for the space are going to be. In doing so, their goal is to only bring in owners who are going to be good neighbors for the other owners. If it came to light that an owner was not abiding by the contract, they would be shut down and a lien would be placed on them.
Commissioner Paris asked for clarification on whether the individual units would be owned or rented out. Commissioner Paris also asked for clarification regarding whether a Traffic Impact Analysis was required by the Transportation Department to address any traffic concerns.
The applicant clarified that if an owner has more than one garage, the owner can lease a unit for one year with the stipulation that the lease is reviewed annually by the HOA to ensure that the individual leasing the garage is in compliance with the contract documents.
Staff clarified that with the Detail Plan, the Transportation Department has all of the details available to make that determination but a traffic study was not required in this case.
Commissioner Jenkins asked the applicant if he would be opposed to changing the current zoning designation from CO to a commercial use.
Staff clarified that the Planned Development would still be based on the Community Office District; however, it would allow this specific use with the Detail Plan.
Commissioner Jenkins asked for clarification on whether there would be a property manager to handle the day-to-day affairs of the property. He also asked for clarification on the number of board members for the HOA. Commissioner Jenkins asked for clarification on whether auto repair would be allowed on the property.
The applicant confirmed that they have a third party that helps the owners manage the HOA and that the HOA consists of no less than three and no more than five members. Once 75% of the units are sold, the owner turns over the management rights to the HOA.
Residents speaking in opposition of the request:
Alice McKinnon, 604 Cedarview Dr., Garland, TX 75040
Patricia Kosciolek, 615 Cedarview Dr., Garland, TX 75040
Craig Baginski, 4433 Naaman School Blvd., Garland, TX 75040
Residents speaking in opposition raised concerns with overnight stay at the property, traffic concerns, safety concerns, parking on the outside of the facility look like and the overall look of the development in terms of looking like another storage facility.
Residents speaking in favor of the request:
Jim Gallegos, 608 Cedar Cove Dr., Garland, TX 75040
The resident speaking in favor stated the structures are very pleasing, welcomes the additional security at the facility, isn't concerned with additional traffic as the purpose of the facility is to store cars. The resident expressed he would rather have a development such as the one being considered versus another hotel or high density apartment complex.
Commissioner Rose asked the resident in favor if there is an HOA in his neighborhood and if he was aware of what their position was with regard to the proposed development.
The resident indicated that he was not aware and could not speak on behalf of the HOA board as to what their position is on the development.
The applicant responded to the citizen comments and indicated that until last week, they had been unsuccessful in reaching the contact person with the HOA to address any concerns the residents may have. In regards to the material of the structure, the applicant stated that the building will be 95% limestone and glass and not metal as some of the concerns raised by the residents.
Motion
was made by Commissioner Rose to close the public hearing. Seconded by Commissioner Paris.
Motion carried
:
7
Ayes,
0
Nays.
Commissioner Dalton stated that while the concerns regarding traffic and lighting would be addressed by the City, in his opinion the development still resembles a storage building. He further expressed that he does believe this type of development is needed but not at this location near a residential area.
Commissioner Aubin stated that he agrees that the use of the development is needed and that the land will eventually get developed but he is still on the fence about it. He would be in favor of approving the request with the stipulation that the applicant work with staff and the residents to implement additional restrictions in the PD before bringing the development for consideration before the City Council.
Commissioner Paris thanked the residents for coming to express their concerns about the development to the Commission. She also stated that she would be in favor of the development if it came with additional restrictions to the PD.
Motion
was made by Commissioner Aubin to
approve
the application with the additional restrictions to ensure that on the condominium use that it be maintained primarily for storage of vehicles, that revisions to the PD as needed be included and that the concerns of the nearby residents be addressed. Seconded by Commissioner Rose.
Motion carried
:
5
Ayes,
2
Nays with Commissioner Jenkins and Commissioner Dalton voting in opposition.
APPROVED
b.
Consideration of the application of
Fred A. Gans
, requesting approval of a Detail Plan for a Garage Condominium, Automobile Repair (Minor), General Office, Contractor’s Office/Warehouse (indoors only) and Retail Use. This property is located at 4653, 4645, 4625 and 4695 North President George Bush Turnpike. (District 1) (Z 23-17 – Detail Plan)
Motion
was made by Commissioner Aubin to
approve
the application with the additional restrictions to ensure that on the condominium use that it be maintained primarily for storage of vehicles, that revisions to the PD as needed be included and that the concerns of the nearby residents be addressed. Seconded by Commissioner Rose.
Motion carried
:
5
Ayes,
2
Nays with Commissioner Jenkins and Commissioner Dalton voting in opposition.
APPROVED
c.
Consideration of the application of
Jake Finch, Cascade Companies
, requesting approval of a Change in Zoning from Agricultural (AG) District to Single-Family Attached (SFA) District. This property is located at 613 and 615 Rowlett Road. (District 4) (Z 23-22)
The applicant, Jake Finch, 1630 Addison Road, Addison, TX 75001, provided an overview of the request and remained available for questions.
Commissioner Rose asked the applicant if he was familiar with the Garland area and referenced the Riverset development at Shiloh and Buckingham and asked if their development would look similar to that.
The applicant explained that he was not familiar with that particular development.
Commissioner Dalton asked the applicant if he had any type of Detail Plan since the request only includes a Zoning change without an attached Detail Plan.
The applicant explained that they do have a Detail Plan and are only requesting a straight zoning change.
Attorney Roten advised the Commission to only focus on the request at hand.
Commissioner Paris asked for clarification on an adjacent home near the subject property and whether it too would be removed.
The applicant clarified that the adjacent home was not part of the subject property.
Motion
was made by Commissioner Cornelius to
approve
the application as presented. Seconded by Commissioner Paris.
Motion carried
:
7
Ayes,
0
Nays.
APPROVED
4.
ADJOURN
There being no further business to come before the Plan Commission, the meeting adjourned at 8:29 p.m.
CITY OF GARLAND, TEXAS
/s/ Scott Roberts, Chairman
/s/ Elisa Morales, Secretary
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