[00:00:09]
IT'S 7:00. WE HAVE A QUORUM. WELCOME TO TONIGHT'S CALLED SPECIAL CITY COUNCIL MEETING.
[A. Invocation - Deputy Mayor Pro Tem Ronni Cade]
FIRST UP ON TONIGHT'S AGENDA IS THE INVOCATION FROM DEPUTY MAYOR PRO TEM RONNIE CADE. TO JOIN ME IN PRAYER. DEAR LORD. GUIDE US IN ALL THE DECISIONS THAT WE MAKE. IN MAKING SURE THAT IT IS IN THE BEST INTEREST OF THE CITY OF LEWISVILLE AND ITS CITIZENS, AND GIVE THE BIGGEST HEDGE OF PROTECTION YOU CAN OVER OUR STAFF AND OUR CITIZENS THIS HOLIDAY SEASON. IT'S YOUR NAME, WE PRAY. AMEN. AMEN. PLEASE JOIN ME IN THE PLEDGE TO OUR FLAGS. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS. ONE STATE UNDER GOD. ONE AND INDIVISIBLE. ALL RIGHT. FIRST UP[C. Public Hearing]
ON THE AGENDA, ITEM C ONE PUBLIC HEARING, PUBLIC HEARING, CONSIDERATION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE BY AMENDING ARTICLES TWO.DEFINITIONS. ARTICLE SEVEN USES PARKING REQUIREMENTS, SUPPLEMENTAL USE REGULATIONS, AND CERTAIN DISTANCE REQUIREMENTS. AND ARTICLE EIGHT, CHAPTER THREE LANDSCAPING STANDARDS OF VOLUME TWO OF THE LEWISVILLE CITY CODE, KNOWN AS THE UNIFIED DEVELOPMENT CODE, BY ADDING NEW DEFINED TERMS TO SECTION 2.2.1 AS REQUIRED BY THE REGULATIONS SET FORTH HEREIN. BY ADDING NEW SECTION 7.3, 0.24. ESTABLISHING SUPPLEMENTAL USE REGULATIONS FOR MANUFACTURING LIGHT INTENSITY MANUFACTURING, MEDIUM INTENSITY MANUFACTURING, HEAVY INTENSITY AND WAREHOUSE DISTRIBUTION FACILITY USES MANY EXHIBIT 7.2.3 FOR NONRESIDENTIAL ZONING DISTRICTS TO ADD REFERENCES TO THE NEW SUPPLEMENTAL USE REGULATIONS AND AMENDING THE EXHIBIT. 8.3.3-3 APPROVED UNDERSTORY TREES TO IDENTIFY CERTAIN UNDERSTORY TREES LISTED THEREIN AS EVERGREEN. IN THE 1970S, THE CITY OF LEWISVILLE WAS AGGRESSIVE IN ZONING FOR INDUSTRIAL DEVELOPMENT DUE TO AIRPORT PROXIMITY. THE PREVALENCE OF INDUSTRIAL ZONING, COUPLED WITH THE CUMULATIVE ZONING AT THE TIME, RESULTED IN MANY OFFICE, RETAIL, AND SERVICE USE DEVELOPED WITHIN THE LIGHT INDUSTRIAL WAREHOUSE AND HEAVY INDUSTRIAL ZONING DISTRICTS IN SEVERAL AREAS OF THE CITY. THE MARKET HAS EVOLVED TO THE POINT WHERE EVEN DEVELOPED PROPERTIES ARE BEING CONSIDERED FOR DEMOLITION AND CONSTRUCTION OF NEW WAREHOUSE DISTRIBUTION FACILITIES. THIS CREATES COMPATIBILITY ISSUES BETWEEN THESE NEW DEVELOPMENTS AND EXISTING SURROUNDING USES TO FACILITATE IMPROVED COMPATIBILITY BETWEEN EXISTING LOW INTENSITY DEVELOPMENT AND POTENTIAL HIGH INTENSITY REDEVELOPMENT OF THE L, I AND II DISTRICTS. NEW SUPPLEMENTAL STANDARDS TO ENHANCE SETBACKS, LANDSCAPING AND SCREENING ARE PROPOSED. PLANNING AND ZONING COMMISSION RECOMMENDED UNANIMOUS APPROVAL SEVEN TO NOTHING ON DECEMBER 3RD, 2024, AND IT'S RECOMMENDED THAT THE CITY COUNCIL APPROVE THE ORDINANCE AS SET FORTH IN THE CAPTION ABOVE. WE DO HAVE MR. RICHARD LIEDTKE, OUR PLANNING DIRECTOR, AVAILABLE FOR QUESTIONS, AND WE ARE NOW OPEN WITH THE PUBLIC HEARING. GOOD EVENING, MAYOR GILMER.
MEMBERS OF THE COUNCIL. THESE SUPPLEMENTAL STANDARDS THAT ARE BEFORE YOU TONIGHT REALLY ARE LOOKING AT THREE USES. THOSE USES ARE LIGHT, MEDIUM AND HEAVY INTENSITY MANUFACTURING ALONG WITH WAREHOUSE DISTRIBUTION CENTER USES. THESE SUPPLEMENTAL USES ADD ADDITIONAL REQUIREMENTS TO MITIGATE ANY IMPACTS THAT THEY HAVE UPON SURROUNDING AREAS. AND THE REASON THAT WE HAVE BROUGHT THESE BEFORE YOU IS THE FACT THAT SINCE THE CITY DOES HAVE A GREAT DEAL OF AREAS THAT ARE ZONED LIGHT INDUSTRIAL, MANY OF THOSE AREAS WITH THAT LIGHT INDUSTRIAL ZONING DUE TO THE CUMULATIVE ZONING, HAS LESSER INTENSITY USES SUCH AS OFFICE, RETAIL, RESTAURANT AND SERVICE USES. IN THAT LIGHT INDUSTRIAL AREAS. BY RIGHT NOW THAT THE CITY IS NEARING BUILD OUT, WE ARE MOST ALMOST ALL OF THE VERY LARGE TRACTS THAT ARE ZONED LIGHT INDUSTRIAL THAT ARE VACANT ARE HAVE EITHER BEEN DEVELOPED OR ARE CURRENTLY UNDER DEVELOPMENT. SO THAT IS PUTTING PRESSURE ON THE EXISTING PROPERTIES WITH DEVELOPMENT TO POTENTIALLY TEAR DOWN EXISTING USES. AND IN THIS CASE IT COULD BE THE LOWER INTENSITY USES IN REPLACE IT WITH WAREHOUSES OR MANUFACTURING USES, AND WITH THE EXISTING PATTERNS THAT COULD REALLY CREATE A LOT OF COMPATIBILITY ISSUES. SO THAT IS WHERE THESE SUPPLEMENTAL REQUIREMENTS OR SUPPLEMENTAL STANDARDS WILL WILL HELP BRING INCREASED COMPATIBILITY AMONGST THE USES WITH DIFFERENCES IN INTENSITY. THE PRIMARY, THE PRIMARY STANDARD THAT WE'RE ADDING IS A 50 FOOT LANDSCAPE STRIP THAT WILL THAT WILL BE REQUIRED ALONG ALL STREETS AND PRETTY MUCH ALL USES, UNLESS THERE ARE ADJACENCY TO LIKE USES, INDUSTRIAL USES, AND SOME OTHER INTENSE USES LIKE
[00:05:05]
LANDFILLS, SALVAGE YARDS AND SUCH. WITHIN THAT LANDSCAPE BUFFER. NOW, WE ORIGINALLY REQUIRED THAT BUFFER ONLY ON THE ON THE ORDINANCE THAT WENT TO THE P AND Z, AND THAT WAS IN YOUR PACKET ONLY REQUIRED THAT THAT 50 FOOT BUFFER ALONG STREETS, PARKS, SCHOOLS AND RESIDENTIAL USES. IN THE INTERIM, WE HAVE MADE SOME CHANGES AND WE CLARIFIED EXTRA USES. SO WE BASICALLY CHANGED THAT SO THAT IT IT IS ALL USES IN THE USE CHARTS EXCEPT THE LIKE AND HEAVIER INTENSE USES. SO WE MADE THAT CHANGE THERE. WE ALSO MADE A CHANGE TO EXPAND AND CLARIFY WHICH LANDSCAPING AND SCREENING REGULATIONS WILL NOT BE SUPERSEDED BY THESE SUPPLEMENTAL REGULATIONS. I DO WANT TO POINT OUT IN THAT LANDSCAPE BUFFER, WE DO REQUIRE OUR LANDSCAPE STRIP. WE DO REQUIRE A FIVE FOOT TALL BERM. AND WE DID ADD IN THE INTERIM, WE OUTLINED HOW THE HEIGHT OF THAT REQUIRED BERM IS GOING TO BE MEASURED, THAT THAT BERM WILL HAVE TO BE A MINIMUM OF FIVE FEET IN HEIGHT. AND, AND ON THE ON THAT BERM, WE ARE REQUIRING ONE ROW OF EVERGREEN UNDERSTORY TREES SPACED 20FT ON CENTER TO KIND OF CREATE A LIVING SCREEN.AND THEN BEHIND THAT WILL BE TWO ROWS OF SHADE TREES, STAGGERED AT AT 30FT. AND THAT WILL CREATE EVEN ADDITIONAL VISUAL SCREENING ABOVE THE UNDERSTORY TREES. THE LIVE LIVE THE EVERGREENS. WE ALSO ADDED A REQUIREMENT IN THE INTERIM FOR A SCREENING WALL IN THE REQUIRED LANDSCAPE, STRIPPED ADJACENT TO RESIDENTIAL USES AND ZONING. SO IF ONE OF THESE USES IS ADJACENT TO RESIDENTIAL, IN ADDITION TO THE LANDSCAPE STRIP, THEY WILL HAVE TO PUT A MASONRY EIGHT FOOT MASONRY SCREENING WALL AT THE PROPERTY LINE ADJACENT TO THAT RESIDENTIAL. AND THAT THAT IS A REQUIREMENT THAT IS IN THE UDC TODAY. BUT THIS THIS IS THE MORE APPROPRIATE PLACE TO PUT THAT.
AND THE FINAL REQUIREMENT THAT THAT WE'RE ADDING, WE DID DEFINE TRUCK COURTS. TRUCK DOCKS. AND THERE IS A PROVISION THAT TRUCK DOCKS SHALL NOT FACE THE MOST SENSITIVE USES. AND THAT BEING PARKS OPEN SPACE, SCHOOLS AND RESIDENTIAL USES. THEN ANY OPEN SIDES OF A TRUCK COURT. SO A TRUCK COURT IS DEFINED AS THE AREA THAT CONTAINS THE DOCKS AND THE MANEUVERING AND PARKING AREAS THAT CAN BE ADJACENT TO OR NEARBY THE DOCKS. ANY OPEN SIDES OF THE TRUCK COURT ADJACENT TO THOSE USES HAVE TO HAVE A 12 FOOT TALL SCREENING WALL. WE DO MAKE A PROVISION ALLOWING THAT OPENINGS FOR REQUIRED FIRE LANES AND THEIR ACCESS AISLES WOULD BE ALLOWED. SO AGAIN, ANOTHER LAYER OF PROTECTION TO MITIGATE ANY NEGATIVE IMPACTS FROM THESE USES ON SURROUNDING USES. WE IN THE INTERIM, WE DID MAKE A REVISION TO STATE THAT THE NEW SUPPLEMENTAL USE REGULATIONS WILL SUPERSEDE THE I-35E CORRIDOR OVERLAY DISTRICT REGULATIONS IN CASES OF CONFLICT. SO WE HAD A LOT OF DETAILS TO KIND OF GO OVER, AND WE KEPT FINDING THINGS IN THE INTERIM, BUT I BELIEVE WE CHECKED AND DOUBLE CHECKED AND TRIPLE CHECKED, AND I THINK WE FOUND EVERYTHING. SO STAFF BELIEVES THIS WILL BE A VERY EFFECTIVE TOOL IN PROVIDING SOME AND LESSENING THE INCOMPATIBILITY ISSUES IN THE IN THE EVENT THESE TYPE OF USES DO COME TO FRUITION IN THE FUTURE. AND WITH THAT, I WOULD BE GLAD TO ANSWER ANY QUESTIONS.
COUNCIL. ANY QUESTIONS? THERE ARE NO OTHER QUESTIONS OR COMMENTS. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOVE TO CLOSE THE PUBLIC HEARING. SECOND, HAVE A MOTION AND A SECOND COUNCIL. PLEASE VOTE. MOTION PASSES SIX TO NOTHING. COUNCIL. I THINK THERE'S A COPY OF THE AMENDED OR CHANGED UPDATED MOTION. IF SOMEONE IS INTERESTED, I'LL ENTERTAIN A MOTION. I'LL DO IT. ALL RIGHT, MAYOR, I MOVE TO APPROVE AN AMENDED ORDINANCE WITH THE FOLLOWING AMENDMENTS TO THE TEXT AMENDMENT RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION. ONE. TO EXPAND THE ADJACENT USES, WHICH WILL REQUIRE WAREHOUSE, DISTRIBUTION CENTER, AND LIGHT, MEDIUM AND HEAVY INTENSITY MANUFACTURING USES TO PROVIDE A LANDSCAPED STRIP ALONG THE PROPERTY. LINE TWO TO EXPAND AND CLARIFY WHICH EXISTING LANDSCAPING AND SCREENING REGULATIONS WILL NOT BE SUPERSEDED BY THE SUPPLEMENTAL USE REGULATIONS. THREE. TO OUTLINE HOW THE HEIGHT OF THE REQUIRED LANDSCAPE BERM AND THE REQUIRED LANDSCAPE STRIP WILL BE MEASURED OR TO ADD A REQUIREMENT FOR SCREENING WALL IN THE
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REQUIRED LANDSCAPE STRIP ADJACENT TO RESIDENTIAL USES AND ZONING DISTRICTS, AND FIVE TO STATE THAT THE NEW SUPPLEMENTAL USE REGULATIONS WILL SUPERSEDE THE I-35E CORRIDOR OVERLAY DISTRICT REGULATIONS IN CASE OF CONFLICT. DO I HAVE A SECOND? SECOND. CITY ATTORNEY. THIS IS AN ORDINANCE OF THE LEWISVILLE CITY COUNCIL AMENDING ARTICLE TWO. DEFINITIONS. ARTICLE SEVEN USES PARKING REQUIREMENTS, SUPPLEMENTAL USE REGULATIONS, AND CERTAIN DISTANCE REQUIREMENTS AND ARTICLE EIGHT, CHAPTER THREE LANDSCAPING STANDARDS, VOLUME TWO OF THE LEWISVILLE CITY CODE, KNOWN AS THE UNIFIED DEVELOPMENT CODE, BY ADDING NEW DEFINED TERMS TO SECTION 2.2.1, AS REQUIRED BY THE REGULATIONS SET FORTH HEREI. BY ADDING A NEW SECTION 7.3.24.ESTABLISHING SUPPLEMENTAL USE REGULATIONS FOR MANUFACTURING LIGHT INTENSITY MANUFACTURING, MEDIUM INTENSITY MANUFACTURING, HEAVY INTENSITY AND WAREHOUSE DISTRIBUTION FACILITY USES.
AMENDING EXHIBIT 7.20.3 FOR NONRESIDENTIAL ZONING DISTRICTS TO ADD REFERENCES TO THE NEW SUPPLEMENTAL USE STANDARDS AND AMENDING EXHIBIT 8.3.33, APPROVED UNDER STORY TREES TO IDENTIFY CERTAIN UNDERSTORY TREES LISTED THEREIN AS EVERGREEN, PROVIDING FOR SEVERABILITY A PENALTY AND AN EFFECTIVE DATE, AND DECLARING AN EMERGENCY. COUNCIL. PLEASE VOTE.
PASSES SIX TO NOTHING. ITEM D VISITOR CITIZENS FORUM SPEAKERS MUST ADDRESS THEIR COMMENTS TO THE MAYOR RATHER THAN TO INDIVIDUAL COUNCIL MEMBERS OR STAFF. SPEAKERS SHOULD SPEAK CLEARLY AND STATE THEIR NAME AND ADDRESS PRIOR TO BEGINNING THEIR REMARKS. SPEAKERS WILL ALLOW FIVE MINUTES FOR TESTIMONY. SPEAKERS MAKING PERSONAL, IMPERTINENT, PROFANE, OR SLANDEROUS REMARKS MAY BE REMOVED FROM THE MEETING. UNAUTHORIZED REMARKS FROM THE AUDIENCE. STAMPING OF FEET, WHISTLES, YELLS, CLAPPING, AND SIMILAR DEMONSTRATIONS WILL NOT BE PERMITTED IN ACCORDANCE WITH TEXAS OPEN MEETINGS ACT. THE CITY COUNCIL IS RESTRICTED FROM DISCUSSING OR TAKING ACTION ON ITEMS NOT LISTED ON THE AGENDA. ACTION CAN ONLY BE TAKEN AT A
[E. Regular Hearing]
FUTURE MEETING. CITY SECRETARY, DO WE HAVE ANY COMMENTS? I DON'T HAVE ANYTHING. ALL RIGHT, MOVING ON. ITEM E, REGULAR HEARING. CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPATION WITH THE STATE OF TEXAS THROUGH THE OFFICE OF THE ATTORNEY GENERAL AND THE KROGER TEXAS STATEWIDE OPIOID SETTLEMENT, AND APPROVING THE TEXAS SETTLEMENT SUBDIVISION PARTICIPATION RELEASE FORM REGARDING THE SAME AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE ABOVE ON BEHALF OF THE CITY AND PROVIDING AN EFFECTIVE DATE. THE STATE OF TEXAS, THROUGH THE OFFICE OF THE ATTORNEY GENERAL, HAS ENTERED INTO A SETTLEMENT AGREEMENT WITH NATIONWIDE GROCERY AND PHARMACY CHAIN THE KROGER COMPANY REGARDING THE COMPANY'S MANUFACTURING, DISTRIBUTION, AND PROVISION OF OPIOIDS IN THE STATE. AS A PARTICIPANT IN THE SETTLEMENT AGREEMENT, THE CITY WOULD RECEIVE UP TO $28,777.64 OVER TEN YEARS FOR USE. USES RELATED TO OPIOID ABATEMENT, AS WELL AS FUNDS WHICH WILL BE MADE AVAILABLE THROUGH REGIONAL GRANTS. IN ACCORDANCE WITH THE TEXAS TERM SHEET ADOPTED BY THE CITY COUNCIL ON NOVEMBER 15TH, 2021. IN ORDER TO PARTICIPATE IN THE SETTLEMENT AGREEMENT, THE CITY MUST AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE TEXAS SETTLEMENT SUBDIVISION PARTICIPATION AND RELEASE FORM. ASSOCIATED WITH THE SETTLEMENT AGREEMENT, RELEASING CERTAIN CLAIMS THE CITY MIGHT HAVE AGAINST THE KROGER COMPANY FOR PAST OPIOID RELATED ACTIONS OR FAILURES TO ACT. IT'S RECOMMENDED THAT THE CITY COUNCIL APPROVE THE RESOLUTION AS SET FORTH IN THE CAPTION. AND I DO BELIEVE WE HAVE A NEED TO GO TO CLOSED[F. Closed Session (Part 1 of 2)]
SESSION ON THIS. YES, SIR. SO IF WE CAN GO AHEAD AND GO INTO CLOSED SESSION ITEM F, WE WILL DO THAT FOR SECTION 551 .071. CONSULTATION WITH ATTORNEY. LEGAL ISSUES RELATED TO AMENDMENT OF LAND USE REGULATIONS. I WAS JUST GOING TO OPEN ALL THREE. OH YOU ARE? YEAH. IS THAT OKAY? WELL, WE HAVE TO COME BACK OUT TO VOTE ON THAT. THAT'S FINE. OKAY, THEN.BUT I DON'T HAVE TO SAY IT AGAIN, RIGHT? YEAH. WELL, OKAY. I WOULD ACTUALLY PREFER IF WE JUST WENT IN AND TALKED ABOUT THIS, CAME BACK OUT, VOTED ON IT AND THEN. GOTCHA. SO IT WOULD JUST BE UNDER SECTION 551 .071 CONSULTATION WITH A71 CONSULTANT, CONSULTATION WITH ATTORNEY. BUT ON THIS PARTICULAR ITEM, NOT ON THE OTHER ONES. SO ALL RIGHT. WE'RE BACK FROM
[G. Reconvene (Part 2 of 2)]
CLOSED SESSION. COUNCIL. I'LL ENTERTAIN A MOTION TO APPROVE THE RESOLUTION. MOTION TO APPROVE THE RESOLUTION AS SET FORTH IN THE CAPTION. SECOND. I HAVE A MOTION AND A SECOND.COUNCIL, PLEASE VOTE. MOTION PASSES. SIX TO NOTHING. ITEM F DO WE HAVE FURTHER CLOSED
[F. Closed Session (Part 2 of 2)]
SESSION? OKAY, SO ITEM OKAY. SO ITEM F 551 071 CONSULTATION WITH ATTORNEY. SO WE'RE GOING TO GO AHEAD AND BREAK BAC ALL RIGHT. WE'LL RECONVENE IN A REGULAR SESSION AS THERE'S NO[G. Reconvene (Part 2 of 2)]
FURTHER* This transcript was compiled from uncorrected Closed Captioning.