[Regular Session - 6:30 P.M.]
          [A. Call to Order and Announce that a Quorum is Present.]
          [00:00:14]
          ORDER THE PLANNING AND ZONING COMMISSION MEETING FOR TUESDAY , DECEMBER 2ND , 2025. I WILL HAVE A MOTION TO CONSIDER THE MINUTES 
          [B. Approval of Minutes]
          OF NOVEMBER 18TH. >> MOTION TO APPROVE. 
          >> SECOND. YOU MAY VOTE NOW. MOTION CARRIES , 5-0. NEXT ITEM 
          [2. Consideration of an Alternative Standard Associated With Landscaping for a Restaurant on Approximately 1.99 Acres; Legally Described as a Portion of Bennigan’s Addition, Block A, Lot 1A-R; Located at 2290 South Stemmons Freeway, Zoned General Business (GB) District, as Requested by Warren Hilla of Dynamic Engineering Consultants, PC, on Behalf of Tweaker Energy Corp, the Property Owner.  (25-10-14-ALTSTD)]
OF BUSINESS IS A REGULAR HEARING, CONSIDERATION OF ALTERNATIVE STANDARD ASSOCIATED WITH LANDSCAPING FOR A RESTAURANT ON APPROXIMATELY 1.99 ACRES; LEGALLY DESCRIBED AS A PORTION OF BENNIGAN'S ADDITION, BLOCK A, LOT 1A-R; LOCATED AT 2290 SOUTH STEMMONS FREEWAY, ZONED GENERAL BUSINESS (GB) DISTRICT, AS REQUESTED BY WARREN HILLA OF DYNAMIC ENGINEERING CONSULTANTS, PC, ON BEHALF OF TWEAKER ENERGY CORP, THE 
          PROPERTY OWNER. >>> GOOD EVENING, COMMISSIONERS, THE PROPERTY WAS A RESTAURANT AND HAS BEEN VACANT FOR THE PAST FEW YEARS, USERS LOOKING TO OCCUPY THIS, BECAUSE OF THE TIME IT WAS VACANT, IT IS CHANGING A LOT OF THE EXISTING PROPERTY , CHANGING THE PARKING LOT, ADJACENT -- AND THE DRIVE LANE, I-35 OVERLAY REQUIRED A 20 FOOT BUFFER ADJACENT TO THE SERVICE ROAD. ON THE -- THE APPLICANT IS PROPOSING TO CONSTRUCT A BUFFER IN ORDER TO HAVE A ONE-WAY DRIVE LANE IN FRONT OF THE BUILDING. 
          THAT DRIVE LANE IS REQUIRED FOR FIRE SAFETY -- NOT REQUIRED FOR FIRE SAFETY BUT THE APPLICANT WANTS ADDITIONAL ACCESS AND REQUESTING THE VARIANCE TO ALLOW 16 FOOT BUFFER IN LIEU OF THE 20 FOOT BUFFER WHICH IS A 20% REDUCTION WHICH THE PLANNING AND ZONING COMMISSION CAN APPROVE. HAPPY TO ANSWER ANY QUESTIONS 
          YOU MAY HAVE. >> COMMISSIONERS ? QUESTIONS ? 
          >> ARE THEY GOING TO WANT TO BUILD A RESTAURANT? 
          >> YES. >> THAT HAS BEEN VACANT FOR SUCH A LONG TIME , IT WOULD BE A NICE ADDITION. 
          >> IS THERE ANYWAY TO GET THE ADDITIONAL SPACE THEY NEED BUT PERHAPS HIGHLIGHT LANDSCAPING AND OTHER PORTIONS OF THE 
          PROPERTY? >> THROUGH THE ORDINANCE, THE 20 FOOT BUFFER, THEY ARE HAVING THE REQUIRED TREES AND ADDING A NEW LANDSCAPE TO THE PARKING LOT. THEY ARE PROVIDING ALL THE PLANTINGS REQUIRED . I WOULD HAVE TO LOOK INTO THE PERCENTAGE OF GREEN SPACE THAT WOULD BE IN THAT REDUCTION. ANY ADDITIONAL GREEN SPACE WOULD REQUIRE CONCRETE TO ADD THAT. I WANTED TO NOTE, THE BUFFER IS BEHIND THE RETAINING WALL, YOU CAN SEE THE TXDOT SCHEMATIC. THE SIZE OF THE RETAINING WALL, 12 FOOT. 
          >> THANK YOU. >> ANYTHING ELSE, COMMISSIONERS ? IF NOT, I WILL ENTERTAIN A MOTION. 
          >> MOTION TO APPROVE THE ALTERNATIVE STANDARD. 
          >> SECOND BY JACK. YOU MAY VOTE. >> APPROVED, 5-0. 
          >> NO FINAL ACTION, THIS ITEM STANDS AS APPROVED. 
          [3. Public Hearing: Consideration of a Zone Change From Old Town Mixed-Use Two (OTMU-2) District to Planned Development - Old Town Mixed-Use Two (PD-OTMU-2) District on 0.6158 Acres Legally Described as Lots 5, 6 and a Portion of Lots 11 and 12, Block 3, O.B. Dick Subdivision, Located at the Southwest Corner of South Cowan Avenue and Hickory Street, as Requested by Steven Homeyer, Homeyer Engineering Inc., on Behalf of 421 S Cowan St LLC., the Property Owner. (Case No. 24-12-3-PZ)]
          [00:05:02]
          >> NEXT ITEM OF BUSINESS IS A PUBLIC HEARING , CONSIDERATION OF A ZONE CHANGE FROM OLD TOWN MIXED-USE TWO DISTRICT TO PLANNED DEVELOPMENT -- OLD TOWN MIXED-USE TWO DISTRICT ON 0.6158 ACRES LEGALLY DESCRIBED AS LOTS 5, 6 AND A PORTION OF LOTS 11 AND 12, BLOCK 3, O.B. DICK SUBDIVISION, LOCATED AT THE SOUTHWEST CORNER OF SOUTH COWAN STREET AND HICKORY STREET, AS REQUESTED BY STEVEN HOMEYER, HOMEYER ENGINEERING INC., ON BEHALF OF 421 SOUTH COWAN ST LLC., THE PROPERTY OWNER. CASE NUMBER 24-12-3-PZ . SPENT A GOOD EVENING, COMMISSIONERS -- 
          >> GOOD EVENING , COMMISSIONERS, THIS CASE REFERS TO THE APPLICANT'S REZONING THESE TWO LOTS TO A PLAN DEVELOPMENT DISTRICT WITH THE BASE ZONING OF THE MIXED-USE DISTRICT ABLE TO, CURRENTLY ZONED OLDTOWN MIXED-USE DISTRICT 2 WHICH DOES ALLOW FOR TOWNHOMES . HOWEVER, THE APPLICANT IS REQUESTING THE PLAN DEVELOPMENT DISTRICT IN ORDER TO ALLEVIATE SOME OF THE REQUIREMENTS OF THE UDC. THE ALLEY PROPOSED , ALL UNITS ARE REAR ENTRY FOR THE GARAGES ON THE FIRST LEVEL, UNIT IS THREE STORIES HIGH, THE ALLEYS IN INTERNAL DRIVES, THE UDC REQUIRES A MINIMUM OF 24 FEET , THE APPLICANT IS PROPOSING 18 FEET IN ORDER TO MEET THE LAYOUT AND THE DENSITY THEY ARE SEEKING FOR THIS SITE . IN ADDITION, THE UDC ALSO REQUIRES A SIX-FOOT SCREENING WALL AND 10 FOOT LANDSCAPE BUFFER , THE SHADE TREES PLANTED 50 FEET ON CENTER, ANY SINGLE-FAMILY USES, THAT ARE DEVELOPED NEXT TO AN ADJACENT TWO SERVICE USES, TO THE SOUTH , THE PROPERTY IS A CONTRACTOR SERVICE USE, UDC , AS IT IS WRITTEN , WITH THE STANDARDS CURRENTLY, WOULD REQUIRE THAT SCREENING WALL ALONG THE SOUTHERN PROPERTY LINE. FOR THE SITE . THE APPLICANT IS REQUESTING THAT, IN LIEU OF BUILDING THE SCREENING WALL, AND THE LANDSCAPE BUFFER, THE EXISTING ESTABLISHED TREES ALONG THE SOUTHERN PROPERTY LINE WOULD ACT AS A LIVING SCREEN, AS IT IS AN INFILL DEVELOPMENT , STAFF AS OF TODAY, STAFF HAS RECEIVED TWO LETTERS OF OPPOSITION FOR THE PROJECT. ONE PROPERTY OWNER DESIGNATED THE REASON FOR THEIR OPPOSITION WAS BECAUSE OF THE POTENTIAL CHANGE IN PROPERTY VALUES. AT NOT LETTING THE DENSITY FIT THE AREA. THE ADDITIONAL , SECOND OPPOSITION LETTER RECEIVED WAS THAT THE TREES ON THE SITE WERE IN -- WERE NOT IN GOOD ENOUGH CONDITION TO ACT AS A LIVING SCREENING. GIVEN ALL OF THE ELEMENTS TO THE SITE, THE TREE EXHIBITED PROVIDED BY THE APPLICANT SHOWS THAT , ONLY THREE OF THE CURRENT TREES ON SITE ARE IN POOR CONDITION. THE TREE SURVEY , IT DOES NOT SEEM LIKE ANY OF THOSE ARE DIRECTLY ALONG THE SOUTHERN PROPERTY LINE. GIVEN ALL OF THIS INFORMATION, AND THE TOWNHOMES WOULD BE ALLOWED BY RIGHT AT THIS LOCATION, EVEN WITHOUT THE DISTRICT, STAFF RECOMMENDS APPROVAL. I WILL TAKE ANY 
          QUESTIONS NOW. >> COMMISSIONERS , QUESTIONS ? 
          >>  YOU LISTED OFF THE DIFFERENCES BETWEEN THE OLDTOWN MIXED-USE 2 , WOULD YOU MIND LISTING THOSE AGAIN? 
          >> THE ITEMS THEY ARE SEEKING ALLEVIATION FROM OUR LARGELY WITHIN THE UDC , AS A WHOLE, NOT SPECIFIC TO OLDTOWN MIXED-USE DISTRICT 2. THE DIFFERENCES ARE THE SCREENING WALL , SIX-FOOT SCREENING WALL WITH THE 10 FOOT LANDSCAPE BUFFER AND SHADE TREES PLANTED 50 FEET ON CENTER , ALONG THE SOUTHERN PROPERTY BOUNDARY, AND ALLEVIATION FROM THE 24 FOOT MINIMUM REQUIREMENTS FOR THE INTERNAL DRIVES, THE ALLEYS , TO REDUCE THAT TO 18. 
          [00:10:06]
          >> THANK YOU . >> ARE THERE OTHER EXAMPLES OF 
          THE REDUCTION TO 18? >> I AM NOT SURE. I AM NOT AWARE OF ANY THAT HAVE BEEN REDUCED TO 18 BUT I CAN DO RESEARCH AND GET BACK TO YOU . NOT TO MY KNOWLEDGE. 
          >> THIS HAS BEEN REVIEWED BY THE FIRE DEPARTMENT, THEY HAD NO OBJECTIONS. ESPECIALLY BECAUSE THEY WILL BE SPRINKLED. 
          >> THANK YOU . >> I PROBABLY DID NOT LISTEN 
          CLOSE ENOUGH , -- >> WITHIN THE OLD TOWN DESIGN DISTRICT AND OLD TOWN DEVELOPMENT AND REVIEW COMMITTEE DID APPROVE THE ELEVATIONS ON THE SITE LAYOUT FOR THE PLAN IN 
          NOVEMBER OF 2024. >> FURTHER QUESTIONS ? 
          >> THE GENERAL VICINITY, THEY DESCRIBE A SIMILAR DEVELOPMENT DONE BY THE DEVELOPER PREVIOUSLY. HOW CLOSE IS THAT TO 
          THIS? >> THE BROWNSTONE DEVELOPMENT IS ALONG WEST WALTERS, JUST NORTH OF CITY HALL. SO, I AM NOT SURE 
          THE LINEAR FEET . >> BUT THIS IS JUST FOR THE ZONE CHANGE. THE HEARING IS FOR ZONE CHANGE ONLY. 
          >> THANK YOU. >> ANY OTHER QUESTIONS , IF NOT, I WILL OPEN THE PUBLIC HEARING. IF YOU WOULD LIKE TO SPEAK, PLEASE, COME FORWARD AND STATE YOUR NAME AND ADDRESS. I AM READING TWO NAMES INTO THE RECORD, WILLIAM, ONE OF THE PEOPLE THAT CONTACTED THE PLANNERS EARLIER, AND DIANA. 
          ANYONE ELSE WHO WOULD LIKE TO COME FORWARD? WE WOULD LOVE TO HEAR FROM YOU. HAVING NO ONE COME FORWARD, I WILL CLOSE THE 
          PUBLIC HEARING. LAST CHANCE. >> I AM GLAD THAT SOME OF THE RESIDENTS REACHED OUT, MY CONCERNS MIRROR THEIRS. IN THAT THAT IS A SMALL PIECE OF PROPERTY AND COWAN IS A BUSY STREET, THE SOUTHERN PROPERTY OWNER IS REQUESTING -- REQUIRED IF THEY WOULD HAVE KEPT THE CURRENT ZONE. AND, THE 18 FOOT DRIVE IS REALLY SMALL, AND WE ALL KNOW PEOPLE PARK ON THE STREET ANYWAY. SO, I AM NOT A FAN OF THIS LAYOUR OR THIS PLAN, 
          IT IS UP TO ALL OF US TO DECIDE. >> IF I COULD CLARIFY, ADDITIONAL INFORMATION RELATED TO THE PRIVATE ALLEY, IT WAS THE PRIMARY REASON THIS WAS BROUGHT TO YOU AS A PLANNED DEVELOPMENT. 
          OTHERWISE, THIS USE IS ALLOWED UNDER THE CURRENT ZONING. STAFF HAS ENTERTAINED MANY DIFFERENT PROPOSAL FOR TOWNHOMES ON THE SITE OVER THE YEARS AND STAFF HAS WORKED WITH THE DEVELOPER. 
          THERE IS 27 FEET BETWEEN GARAGE DOORS AND THE SIDES OF THE HOMES TO THE WEST. THAT IS DESIGNED FOR MANEUVERING. SO FOLKS CAN MANEUVER IN AND OUT OF THE DRIVEWAY'S OR THEIR GARAGES. 
          THAT IS ONE OF THE PRIMARY -- IT IS A TIGHT SITE, THE DEVELOPER TRIED TO ACQUIRE THE PROPERTY TO THE SOUTH WHICH WOULD HAVE BROUGHT A CONTINUOUS ALLEY AND ALLOWED MORE FLEXIBILITY WITH THE LAYOUT OF THE ARRANGEMENTS OF THE LOTS AND HOUSES. STAFF 
          [00:15:03]
WAS IN COMPLIANCE WITH THE UDC THAT PROMOTED THE IDEA THESE ARE REAR ENTRY. AGAIN, THE UDC DOES NOT ALLOW FOR AN INJURY, MUCH WIDER LOTS, TYPICALLY IN OLD TOWN , THAT GOES BACK TO THE OLD TOWN PLAN THAT REQUIRES THE FRONT PORCHES TO BE BROUGHT UP TO THE STREET TO ENGAGE THE STREET AND MAKE IT MORE WALKABLE. AGAIN, EXAMPLES BEHIND CITY HALL, THE SAME BUILDER, WAS INSPIRED BY THAT PROJECT. THE SAME ELEMENTS ON THIS PROJECT. 
          TO LAY THIS OUT. AGAIN , THIS IS WHY THIS UNIQUE LAYOUT CAME TO BE THIS DEVELOPMENT BEFORE YOU TONIGHT. 
          >> I WILL ADD, IN ADDITION FOR THE GUEST PARKING SPACES, THE APPLICANT IS PROPOSING FIVE ON STREET PARKING SPACES FOR GUESTS AND TWO PARKING SPACES ONSITE, THEY ARE MEETING THE REQUIREMENTS OF ON STREET AND ON-SITE THEY DO MEET THE GUEST 
          PARKING REQUIREMENTS. >> THANK YOU . 
          >> I WILL ENTERTAIN A MOTION. >> I WANT TO MAKE A MOTION TO RECOMMEND APPROVAL  OF THE ZONE CHANGE BECAUSE THE FIRE DEPARTMENT HAS GIVEN THEIR EXPERT OPINION. I SUPPORT THAT. 
          THIS DECISION. >> MOTION BY FRANCISCA. 
          >> SECOND BY JOSH. >> THANK YOU. 
          >> MOTION CARRIES, 4-1. >> THE CITY COUNCIL WILL MAKE A FINAL DECISION ON MONDAY, JANUARY 5TH, 2026 AT 7:00 P.M., 
          THANK YOU. >> THANK YOU, RICHARD . 
          [E. Announcements]
          ANNOUNCEMENTS ? >> I DO HAVE A REALLY GOOD ANNOUNCEMENT TO SHARE WITH YOU THIS EVENING. OUR PLANNER 1 SAT FOR THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS EXAM, SHE PASSED, SHE HAS THE CREDENTIAL OF A CANDIDATE. 
          >> PLEASE DON'T BE EMBARRASSED , IT IS A GOOD THING, WE ARE NOT 
          SURPRISED . >> VERY DIFFICULT EXAM, SHE SPENT MANY HOURS PREPARING FOR THAT AND WE ARE VERY PROUD. 
          >> I WILL ENTERTAIN A MOTION TO ADJOURN . 
          >> A MOTION TO ADJOURN . >> MOTION BY
* This transcript was compiled from uncorrected Closed Captioning.