Agenda - View Meetings (All) (3388749361)

MINUTES

The Plan Commission of the City of Garland convened in regular session at 7:00 p.m. on Monday, August 28, 2023, in the Council Chambers at the William E. Dollar Municipal Building, 200 N. Fifth Street, Garland, Texas, with the following members present:

Present:

Chairman Scott Roberts

Commissioner Wayne Dalton

1st Vice Chair Julius Jenkins

Plan Commissioner Georgie Cornelius

Commissioner Rich Aubin

2nd Vice Chair Douglas Williams

Commissioner Michael Rose

Absent:

Commissioner Stephanie Paris

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 Jenkins. Motion carried: 7 Ayes, 0 Nays.

MINUTES

Consider approval of the Plan Commission Minutes for the August 14, 2023 meeting.

APPROVED

PLATS

P 23-27 Garland Ferris Storage Final Plat

APPROVED

P 23-29 Soto 1 Addition Final Plat

APPROVED

P 23-30 Avant Garland Addition 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.

ZONING

Consideration of the application of Jamecisa Sims / Ron Hobbs Architecture & Interior Design, LLP, requesting approval of 1) a Specific Use Provision for a Restaurant, Drive-Through Service Use on a property zoned Community Retail (CR) District and 2) Variances to Sections 4.34 and 4.39 in the Garland Development Code (GDC) regarding site and perimeter screening landscaping. This property is located at 5514 & 5516 Broadway Boulevard. (District 4) (Z 23-06 – Specific Use Provision)

The applicant, Jamecisa Sims, 323 Phoebe Lane, Allen, TX, gave an overview of the request and remained available for questions.

Commissioner Dalton asked the applicant if she intended to build a permanent facility at the location.

The applicant confirmed that is her intention.

Commissioner Jenkins asked the applicant how she came up with the idea for the proposed development.

The applicant stated that her initial goal was to go to school for interior design but moved away from that goal due to the high costs. In her prior work experience working for a non-profit and the struggles it brought with working with different vendors to have a snow cone machine at events, she came up with the idea of purchasing her own snow cone truck.

Motion was made by Commissioner Cornelius to close the public hearing. Seconded by Commissioner Jenkins. Motion carried: 7 Ayes, 0 Nays.

Commissioner Dalton stated that he believes the idea is cool. He also reiterated what was mentioned at the Pre-Meeting in regard to requiring the metal poles and fencing.

Commissioner Jenkins expressed his excitement about entrepreneurs growing their business in the City and concurred with Commissioner Dalton's comments regarding the metal poles and fencing.

Commissioner Cornelius stated her excitement for the development and the attraction it will provide for families.

Motion was made by Commissioner Cornelius to approve the application as presented with the provision that the rear fence is a horizontal board on board fence with steel posts. Seconded by Commissioner Williams. Motion carried: 7 Ayes, 0 Nays.

APPROVED

Consideration of the application of Jamecisa Sims / Ron Hobbs Architecture & Interior Design, LLP, requesting approval of a Plan for a Restaurant, Drive-Through Use. This property is located at 5514 and 5516 Broadway Boulevard. (District 4) (Z 23-06 – Plan)

Motion was made by Commissioner Cornelius to approve the application as presented with the provision that the rear fence is a horizontal board on board fence with steel posts. Seconded by Commissioner Williams. Motion carried: 7 Ayes, 0 Nays.

APPROVED

Consideration of the application of Pacheco Koch, a Westwood Company, requesting approval of a Specific Use Provision for an Electric Substation use on a property zoned Planned Development (PD) District 20-17. This property is located at 741 Holford Road. (District 1) (Z 23-25 – Specific Use Provision) (This case has been postponed to the September 11, 2023 Plan Commission meeting. Due to clarification on the subject property boundaries, revised notification letters will be mailed out accordingly.)

POSTPONED

Consideration of the application of Pacheco Koch, a Westwood Company, requesting approval of a Detail Plan for an Electric Substation. This property is located at 741 Holford Road. (District 1) (Z 23-25 – Detail Plan) (This case has been postponed to the September 11, 2023 Plan Commission meeting. Due to clarification on the subject property boundaries, revised notification letters will be mailed out accordingly.)

POSTPONED

Consideration of the application of Larry Hishmeh, requesting approval of a 1) Specific Use Provision for a Mobile Food Truck Park and 2) Major Waiver on a property zoned Downtown District and in the Downtown Historic (DH) Sub-District. This property is located at 101 South Sixth Street. (District 2) (Z 23-26 – Specific Use Provision)

The applicant, Larry Hishmeh, 520 Main St., Garland, TX, provided an overview of the request, and remained available for questions.

Commissioner Dalton asked the applicant if he would be providing power, water and sewer as well as the length of time a particular food truck would be able to stay.

The applicant explained that he would be providing power and water but no sewer and that each food truck would have a maximum of one month and then would need to enter the rotation if they wish to return. The applicant further explained that each food truck request he received would first have to be cleared by the Health Department.

Commissioner Rose asked the applicant what the hours of operation would be for the food trucks.

The applicant explained the hours of operation would be 9 a.m. to 9 p.m. to allow those vendors the opportunity to serve during the lunch hours as well as dinner.

Commissioner Jenkins asked the applicant to explain the long-term presence of the food truck concept as he is not familiar with food trucks staying for a long period of time.

The applicant explained that he got the idea of the food truck yard from an existing food truck yard operator in Lower Greenville who shared the one-month rotation idea after he inquired putting his personal food truck at his establishment.

Commissioner Jenkins asked the applicant if he would be willing to consider decreasing the hours of operation, particularly in the evenings, for the food trucks.

The applicant explained that most food trucks work in the evenings and that is when a lot of their business is conducted, so he does not see the food trucks leaving the area before 9 p.m.

Commissioner Aubin asked the applicant if the electric and water connections would be permanent.

The applicant explained that all water and electric connections would be underground to prevent any pipes from freezing as well as from having any tripping hazards with exposed electric cords.

Commissioner Aubin asked the applicant if overnight parking would be allowed.

The applicant explained that it would be up to the food truck operators discretion if they left their food trucks parked overnight taking into consideration the possibility of break-ins.

Commissioner Aubin asked the applicant if he would consider expanding the hours of operation as he feels too many places close too early.

The applicant explained that he agrees that more options are needed later in the evening.

Commissioner Jenkins asked the applicant if he would remain the sole manager of the food truck lot or if he would hire someone else to handle that.

The applicant explained that he would be the only manager of the lot.

Residents speaking in opposition:
Donna Williams, 606 & 608 Main St., Garland, TX
Patricia Alonso, 604 Main St., Garland, TX

Residents speaking in opposition raised concerns on the challenges the existing businesses have experienced during COVID and the downtown construction, environmental concerns, noise concerns, parking issues, excess trash and homeless presence increase as a result of the food trucks.

The Commissioners clarified for the residents that the property owner has a right to develop the property and that there would not be any generators as electricity would be provided by the applicant.

Resident speaking for clarification purposes:
Karin Wiseman, 1332 Rockcreek, Garland, TX

Ms. Wiseman wanted to clarify that as part of the GDBA they were not taking a formal position in regard to this development and were instead allowing each business to express their position individually. Ms. Wiseman explained that the GDBA is separate from the GDBO who circulated an email expressing opposition by several of the businesses downtown.

Residents speaking in favor:
Karin Wiseman, 510 Main St., Garland, TX

Ms. Wiseman expressed excitement over attracting new and more patrons to the downtown area, the idea of rotating food truck options and the lot being put to use instead of being empty.

Resident Jim Griffin, 2409 Lone Oak Trl., Garland, TX, asked what the GDBO stood for.

Chair Roberts asked for Mr. Griffin to privately speak with another resident to get an answer to his question, as the Commission was not aware of what exactly GDBO stood for.

Additional residents speaking in opposition:
Gerardo Hernandez, 606 Main St., Garland, TX
Zarael Castillo, 226 N. 12th St., Garland, TX
Kenneth Johnson, 604 Main St., Garland, TX

Residents speaking in opposition expressed concerns over noise, loss of business due to competing food trucks, wastewater issues and the notification process overall as being rushed.

The Commissioners briefly explained how the notification process on behalf of the Planning Department worked.

The applicant clarified that he too is a business owner in downtown and has also felt the impacts of COVID and the downtown construction and his goal is to help make the downtown area better as he has with his current restaurant.

Chairman Roberts clarified that with regard to the Special Use Provision (SUP), the City Council can revoke it at anytime.

Motion was made by Commissioner Jenkins to close the public hearing. Seconded by Commissioner Rose. Motion carried: 7 Ayes, 0 Nays.

There was discussion between the Commissioners regarding the concerns involving food trucks not being new concerns, the potential parking issues, the limited additional potential uses for the location and the length of the SUP.

Motion was made by Commissioner Rose to approve the application as presented with an SUP time period of five (5) years. Seconded by Commissioner Jenkins. Motion carried: 7 Ayes, 0 Nays.

APPROVED

Consideration of the application of Larry Hishmeh, requesting approval of a Downtown Development Plan for a Mobile Food Truck Park on a property zoned Downtown District and in the Downtown Historic (DH) Sub-District. This property is located at 101 South Sixth Street. (District 2) (Z 23-26 – Downtown Development Plan)

Motion was made by Commissioner Rose to approve the application as presented with an SUP time period of five (5) years. Seconded by Commissioner Jenkins. Motion carried: 7 Ayes, 0 Nays.

APPROVED

ADJOURN

There being no further business to come before the Plan Commission, the meeting adjourned at 8:31 p.m.

CITY OF GARLAND, TEXAS

/s/ Scott Roberts, Chairman

/s/ Elisa Morales, Secretary