Sep 13, 2022 Planning & Zoning Commission

[00:00:01]

ALL RIGHT. GOOD EVENING, EVERYBODY.

[1.Call to Order]

I WILL CALL THE MEETING TO ORDER.

THIS IS THE SEPTEMBER 13TH MEETING OF THE PLANNING AND ZONING COMMISSION.

AND JASON, WILL YOU PLEASE GIVE US OUR INVOCATION? YEAH, WE'RE GOOD.

OK. DEAR HEAVENLY FATHER, THANK YOU FOR ALLOWING US TO SAFELY GATHER HERE TONIGHT.

PLEASE WATCH OVER US WHILE WE MAKE DECISIONS THAT AFFECT OUR CITY AND PLEASE WATCH OVER OUR FIRST RESPONDERS AS THEY GO ABOUT THEIR DUTIES OF SERVING AND PROTECTING THE CITY.

ALL THIS, WE ASK IN YOUR NAME.

AMEN. PLEASE STAND FOR THE PLEDGE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

ALL RIGHT. THE FIRST ITEM WE HAVE IS CITIZENS APPEARANCES.

THIS IS A TIME FOR ANYBODY TO SPEAK ABOUT ANYTHING OTHER THAN WHAT IS POSTED FOR THE PUBLIC HEARINGS.

AND WE'LL ADDRESS THOSE LATER ON IN THE AGENDA.

IF ANYBODY WOULD LIKE TO COME SPEAK, THEY CAN COME DO SO NOW.

SEEING NONE. WE'LL MOVE ON TO THE CONSENT AGENDA.

[3.Consent Agenda]

MOTION TO APPROVE.

I'LL SECOND. ALL RIGHT, I GOT A MOTION BY JASON AND A SECOND BY DAN.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

OPPOSE NO.

MOTION PASSES UNANIMOUSLY.

ALL RIGHT. NOW UP FOR OUR PUBLIC HEARINGS.

[4A.Hooper Business Park at FM 1902 & CR 1019 (Case 21-127): Hold a public hearing and consider a zoning change request from defaulted “A”, Agriculture, to “PD" Planned Development District for properties addressed as 9640 FM 1902 and 9028 CR 1019 for a future business park.]

THIS IS FOR HOOPER BUSINESS PARK AT FM 1902 AND CR 1019 CASE 21-027.

WE WILL BE HOLDING A PUBLIC HEARING AND CONSIDER A ZONING CHANGE REQUEST FROM THE DEFAULTED A FOR AGRICULTURE TO A PD PLAN DEVELOPMENT DISTRICT FOR PROPERTIES ADDRESSED AS 9640 FM 1902 AND 9028 CR 1019 FOR A FUTURE BUSINESS PARK.

JP.

THANK YOU MEMBERS OF THE COMMISSION.

FOR THE RECORD. JP DUCAY DEVELOPMENT SERVICES PRESENTING CASE 21-127 A ZONING CHANGE REQUEST.

THE APPLICANT IS THE BURLESON 4A ECONOMIC DEVELOPMENT CORPORATION AND THE SUBJECT PROPERTY IS APPROXIMATELY 106 ACRES AND IS LOCATED AT 9640 FM 1902.

SO A BRIEF BACKGROUND ON THE SUBJECT SITE IS, AS I MENTIONED, IT IS 106 ACRES AND IT'S CURRENTLY LOCATED IN THE EXTRATERRITORIAL JURISDICTION.

HOWEVER, IT'S ALSO LOCATED WITHIN A PREEXISTING DEVELOPMENT AGREEMENT WHICH ALLOWS FOR THAT PROPERTY TO BE ANNEXED INTO THE CITY AT ANY TIME.

AND THAT'S CURRENTLY WHAT IT'S UNDERGOING AT THIS MOMENT.

IT'LL ACTUALLY BE AT CITY COUNCIL ON OCTOBER 3RD AS A VOLUNTARY ANNEXATION TO BE BROUGHT INTO THE CITY OF BURLESON.

IN ADDITION TO THAT ANNEXATION, THE PROPERTY IS ALSO UNDERGOING A ZONING CHANGE REQUEST, WHICH IS WHAT WE'RE SEEING HERE TODAY.

WHEN A PROPERTY IS ANNEXED INTO THE CITY, IT'S GIVEN A DEFAULT ZONING OF AGRICULTURAL.

AND SO THE REQUEST HERE TODAY IS PROPOSING TO REZONE IT FROM AGRICULTURAL TO A PLANNED DEVELOPMENT.

AND THAT PLAN DEVELOPMENT IS THE HOOPER BUSINESS PARK.

THE OVERALL VISION AND GOAL OF THIS PLANNED DEVELOPMENT IS TO DEVELOP A MEDICAL CENTER WITH COMPLEMENTARY RETAIL THROUGHOUT THAT 106 ACRES.

THE TABLE THAT YOU CAN SEE ON THE SCREEN HERE IS THE LAND USE TABLE THAT IS PULLED FROM THE PLANNED DEVELOPMENT.

AND THESE LAND USES ARE VERY RESTRICTIVE.

AND THE REASON FOR THAT IS IT PROVIDES THE APPLICANT THE ABILITY TO FILTER THESE USES TO ENSURE THAT THE PROPOSED VISION WILL BE ABLE TO BE MET WITHIN THIS PLANNED DEVELOPMENT.

AND SO YOU CAN SEE THERE ARE ROUGHLY SEVEN USES THAT ARE PERMITTED BY RIGHT WITHIN THIS PLAN DEVELOPMENT, THERE ARE TWO USES THAT WILL BE ONLY ALLOWED IF GRANTED BY SUP, AND THEN THERE ARE A HANDFUL OF USES THAT ARE EXPRESSLY PROHIBITED WITHIN THIS PLAN DEVELOPMENT AS WELL.

IN ADDITION TO THE LAND USES, THE PDD ALSO INCLUDES SOME DEVELOPMENT STANDARDS, AND THOSE DEVELOPMENT STANDARDS ARE VERY SIMILAR TO SOME OF THE DEVELOPMENT STANDARDS THAT WERE CREATED AND PUT TOGETHER IN SOME OF THE OTHER BUSINESS PARKS THAT WE'VE SEEN IN TOWN, SUCH AS THE HIGH POINT BUSINESS PARK, PRETTY MUCH REFLECTING THE DESIGN STANDARDS, HOWEVER, PROVIDING MUCH MORE RESTRICTIVE LAND USES IN ORDER TO MEET A DIFFERENT TYPE OF PRODUCT THAT THEY'RE GOING FOR WITH THE HOOPER BUSINESS PARK.

AS FOR PUBLIC HEARINGS, NOTICES, THERE WERE NOTICES MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE SUBJECT PROPERTY.

THERE WAS A NOTICE PUBLISHED IN THE NEWSPAPER AND THERE WERE THERE WAS A SIGN POSTED ON THE PROPERTY.

[00:05:04]

AND AS FOR STAFF'S RECOMMENDATION, STAFF RECOMMENDS APPROVAL OF THE ZONING CHANGE REQUEST DUE TO THE FOLLOWING REASONS.

THE FIRST BEING THAT THE PROPOSED PLAN DEVELOPMENT FURTHERS THE GOALS AND VISION OF THE COMPREHENSIVE PLAN.

AND THE SECOND IS THAT THIS SITE IS PART OF A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT, WHICH HAS BEEN IN THE WORKS FOR QUITE SOME TIME.

IF YOU HAVE ANY QUESTIONS, MYSELF AND A REPRESENTATIVE ARE HERE TO HELP.

THANK YOU, J.P.. THIS IS A PUBLIC HEARING, SO I'LL OPEN THE PUBLIC HEARING AT 635 AND ASK IF THERE'S ANY MEMBERS OF THE AUDIENCE THAT WOULD LIKE TO COME SPEAK ON THIS ITEM.

SEEING NOTHING WILL CLOSE THE PUBLIC HEARING AND ASK THE MEMBERS OF THE COMMISSION IF THEY HAVE ANY QUESTIONS.

NO QUESTION. I GUESS THE ONLY QUESTION I HAVE IS, IS THIS IS BASICALLY SUBJECT TO THE ANNEXATION.

SO IF COUNCIL APPROVES IT, THEN.

YES, SIR. IT'LL DEFAULT.

IT'LL GO TO THIS PD.

YES. IF THERE'S NO QUESTIONS, THEN I'LL GO AHEAD.

DAN? I DON'T HAVE OK.

IF THERE ARE NO QUESTIONS AND I'LL ENTERTAIN A MOTION ON ITEM FOR A, I'LL MAKE A MOTION TO APPROVE.

CASE NUMBER 20 1-127.

SECOND, I HAVE A MOTION BY DAN AND SECOND BY JASON.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

ALL OPPOSED. MOTION PASSES UNANIMOUSLY.

NEXT ITEM IS ITEM FOUR B.

[4B.4139 S Burleson Blvd (Case 22-122): Hold a public hearing and consider a zoning change request from “A”, Agricultural to “I”, Industrial for a 4.13 acre site.]

CASE 22022122.

WE'RE GOING TO HOLD A PUBLIC HEARING AND CONSIDER A ZONING CHANGE REQUEST FROM A AGRICULTURE TO I INDUSTRIAL FOR A 4.13 ACRE SITE AND JP.

THANK YOU MEMBERS OF THE COMMISSION FOR THE RECORD ONCE AGAIN JP DUKE DEVELOPMENT SERVICES PRESENTING CASE 20 212 TO A ZONING CHANGE REQUEST.

THE OWNER AND APPLICANT IS DANIEL WELLING AND THE SUBJECT PROPERTY IS APPROXIMATELY 4.13 ACRES AND IS LOCATED AT 4139 SOUTH BURLESON BOULEVARD. SO SOME BRIEF BACKGROUND ON THE SITE ITSELF.

IT IS ZONED AGRICULTURAL AND IT CONTAINS TWO STRUCTURES THAT WERE BUILT IN THE 1990S.

THE FIRST IS A 4000 SQUARE FOOT OFFICE WAREHOUSE BUILDING AND THE SECOND IS A 5000 SQUARE FOOT WAREHOUSE BUILDING.

THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY FROM AGRICULTURAL TO INDUSTRIAL, AND THE REASON FOR THIS REQUEST IS TO ALLOW FOR FUTURE INDUSTRIAL USES TO OCCUPY AND OPERATE OUT OF THE SUBJECT SITE.

SO ONCE AGAIN, THE CURRENT ZONING OF THE SUBJECT SITE IS AGRICULTURAL AND IT IS LOCATED IN THE EMPLOYMENT GROWTH CENTER DESIGNATION WITHIN THE COMPREHENSIVE PLAN AND PER THE EMPLOYMENT GROWTH CENTER DESCRIPTION IN THE COMP PLAN, THE INDUSTRIAL ZONING DISTRICT IS A CORRESPONDING ZONING CLASSIFICATION, WHICH WOULD MAKE THE INDUSTRIAL REQUEST GENERALLY CONFORM TO THE COMPREHENSIVE PLAN.

HOWEVER, THE EMPLOYMENT GROWTH CENTER DESIGNATION SPECIFICALLY ALSO ENCOURAGES A MIX OF LOW AND MEDIUM DENSITY INDUSTRIAL BUILDINGS AND USES. AND SO CONSIDERING THIS STAFF RECOMMENDS MODIFYING THE INDUSTRIAL ZONING REQUEST TO INCLUDE RESTRICTIONS ON THE MORE INTENSIVE AND UNDESIRABLE USES THAT ARE ALLOWED BY WRITE IN THE INDUSTRIAL ZONING DISTRICT.

AND I'LL KIND OF TOUCH ON SOME OF THOSE MORE UNDESIRABLE AND INTENSIVE INDUSTRIAL USES.

IN A FEW SLIDES.

SO AS FOR PUBLIC HEARING NOTICES, THE PUBLIC NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 300 FEET OF THE SUBJECT PROPERTY.

THERE WAS A NOTICE PUBLISHED IN THE NEWSPAPER AND A SIGN WAS POSTED ON THE PROPERTY AND STAFF HAS RECEIVED NO INQUIRIES CONCERNING THIS REQUEST.

SO CONTINUING ON TO STAFF'S RECOMMENDATION, STAFF IS RECOMMENDING TO MODIFY THE INDUSTRIAL ZONING REQUEST TO INCLUDE RESTRICTIONS TO THE MORE INTENSIVE AND UNDESIRABLE USES THAT WOULD TYPICALLY BE ALLOWED BY A RIGHT IN THE INDUSTRIAL ZONING DISTRICT.

AND SO IF WE ARE TO PURSUE THIS RECOMMENDATION, THIS WOULD REQUIRE A PLANNED DEVELOPMENT TO BE CREATED FOR THIS SITE RATHER THAN JUST A STRAIGHT ZONING OF INDUSTRIAL.

AND THIS PD WOULD THEN ALLOW FOR A BASE ZONING OF INDUSTRIAL, WHICH WOULD ALLOW FOR INDUSTRIAL USES TO OCCUPY AND OPERATE OUT OF THE SITE THAT ARE INCLUDED IN THE INDUSTRIAL ZONING DISTRICT, WITH THE EXCEPTION OF THE FOLLOWING TEN USES THAT YOU CAN SEE BULLETED THERE ON THE SCREEN.

AND SO THAT WOULD BE ASPHALT, CONCRETE BATCHING, AUTO SALVAGE YARDS, PETROLEUM OR GAS WELL, PETROLEUM STORAGE OR

[00:10:08]

AND SO, AGAIN, JUST TO KIND OF REITERATE, I KNOW THERE'S A LOT OF KIND OF A LOT OF USES AND RECOMMENDATIONS FLOATING AROUND.

WHAT THE APPLICANT IS REQUESTING IS TO REZONE THE SUBJECT SITE TO INDUSTRIAL.

IF THE SUBJECT SITE IS REZONED TO INDUSTRIAL, ALL OF THOSE AFOREMENTIONED USES WOULD BE ALLOWED BY RIGHT.

THE COMPREHENSIVE PLAN DISCUSSES LOW TO MEDIUM INTENSITY BUILDINGS AS WELL AS USES.

AND SO BECAUSE OF THAT DESIGNATION AND THAT DESCRIPTION, STAFF SEES IT BEST FITTED TO KIND OF RESTRICT THAT INDUSTRIAL REQUEST TO A PD, WHICH WILL STILL ALLOW FOR 95% OF THE INDUSTRIAL USES, WITH THE EXCEPTION OF THOSE TEN THAT I JUST MENTIONED.

IF YOU HAVE ANY QUESTIONS, MYSELF AND THE APPLICANT ARE AVAILABLE.

OKAY. THANK YOU, JP.

THIS ALSO REQUIRES A PUBLIC HEARING, SO I WILL OPEN THE PUBLIC HEARING AT 6:41.

I DO HAVE A SPEAKER CARD, COLLIN, AND I'M ASSUMING IT'S JUST TO ANSWER QUESTIONS OR IF YOU'D LIKE TO GET UP AND SAY SOMETHING YOU'RE WELCOME TO.

YEAH. I MEAN, I'LL BE HAPPY TO SAY SOMETHING OR I CAN ANSWER.

YEAH. IF YOU'LL BE HAPPY TO JUST COME HERE AND JUST SAY YOUR NAME AND YOUR ADDRESS AND.

MY NAME IS COLLIN TEXAS. WE WOULD ACTUALLY JUST REALLY LIKE TO CONTINUE WITH THE JUST THE STRAIGHT INDUSTRIAL USE FROM AG TO STRAIGHT INDUSTRIAL.

INDUSTRIAL WAS WHAT WE HAD ORIGINALLY PLANNED FOR.

AND I THINK IT WAS ACTUALLY RECOMMENDED THAT WE GO WITH A COMMERCIAL ZONING AT FIRST AND THEN WE GOT SOME LEASE INQUIRIES AND I THINK THAT THEY WERE PRESENTED TO JP AND WE WERE IT WAS ACTUALLY RECOMMENDED THAT WE ACTUALLY GO TO AN INDUSTRIAL ZONING RATHER THAN A COMMERCIAL ZONING, WHICH IS WHAT WE HAD ORIGINALLY THOUGHT OF DOING.

AT THIS POINT MOST OF THE THINGS THAT ARE UP THERE WHILE I MEAN, I DON'T SEE US USING ANY OF THOSE THINGS, MOST OF THOSE BEING RAIL, ROAD AND PETROLEUM STORAGE, THERE'S AN INJECTION WELL RIGHT NEXT TO IT.

THERE'S AN AUTO SALVAGE YARD THAT IS A FEW HUNDRED YARDS AWAY.

ANYTHING RELATED TO THE RAILROAD JUST DOESN'T EVEN SEEM IT WOULD BE COST PROHIBITIVE TO PUT SOMETHING LIKE THAT THERE.

BUT AT ANY RATE, YOU KNOW, WE'VE BEEN WORKING ON THIS PROPERTY.

WE'VE PURCHASED IT ABOUT JANUARY OF THIS YEAR, BUT WE'VE BEEN WORKING ON PURCHASING THE PROPERTY FOR ABOUT TWO AND A HALF OR THREE YEARS.

AND IN ONE OF THE PREVIOUS SLIDES, YOU CAN SEE, I MEAN, THERE WAS AT ONE TIME A LARGE AMOUNT OF TRASH AND CARS AND JUNK THAT WAS ON THAT FOUR ACRES. AND OVER THE PAST FEW YEARS, WE HAVE WORKED WITH THE OWNER IN REMOVING ALL OF THAT.

WE'VE ALREADY SPENT SOME FUNDS ON JUST COSMETICALLY IMPROVING THE SITE WITH PAINT AND A DRIVE APPROACH SO THAT WE COULD GET MOST OF THESE VEHICLES AND ALL OF THE TRASH OUT OF THE BACK OF THERE.

WE'VE EVEN HAD A MULCHING COMPANY COME IN AND JUST MAKE IT ALL CLEAN AND NICE.

AND SO ULTIMATELY WE'RE JUST LOOKING FOR AN INDUSTRIAL USE FACILITY.

WE'VE HAD INQUIRIES FOR COUNTERTOP, YOU KNOW, A BUILDING FACILITY OR I GUESS WHERE THEY CUT COUNTERTOPS AND WE WOULD JUST LIKE TO CONTINUE TO KEEP IT AS THAT.

THERE'S NOTHING THAT WE'RE AWARE OF THAT RESTRICTS US FROM JUST HAVING INDUSTRIAL USE.

I CAN TOTALLY SEE THE APPEAL FOR RESTRICTING THESE THINGS, BUT MOST OF THOSE THINGS WOULD BE COST PROHIBITIVE OR NOT IN OUR ZONE OF, YOU KNOW, INDUSTRY ANYWAYS.

SO I GUESS THAT'S ABOUT IT.

IF YOU HAVE ANY OTHER QUESTIONS.

AND IF I COULD JUST CLARIFY, I JUST WANT TO MAKE SURE EVERYBODY IS AWARE.

WHAT STAFF IS RECOMMENDING IS NOT REMOVING THE POSSIBILITY OF INDUSTRIAL USES, IT'S SIMPLY CREATING A PLAN DEVELOPMENT WITH A BASE ZONING OF INDUSTRIAL.

SO ALL OF THE INDUSTRIAL USES THAT ARE LISTED THROUGHOUT THE ZONING ORDINANCE UNDER THE INDUSTRIAL ZONING DISTRICT WOULD BE ALLOWED BY RIGHT TO OPERATE AND OCCUPY THIS SITE, WITH THE EXCEPTION OF JUST THOSE TEN USES THAT WE'VE DISCUSSED.

[00:15:03]

IT WOULD STILL HAVE A BASE ZONING OF INDUSTRIAL WITH THE EXCEPTION OF THOSE USES.

AND SO I CAN ACTUALLY IF YOU GIVE ME ONE MOMENT, PULL UP.

THESE ARE ALL THE USES THAT ARE ALLOWED BY RIGHT WITHIN THE INDUSTRIAL ZONING DISTRICT AND THE ONES WITH THE RED LINES THROUGH THEM ARE THE ONES THAT WE ARE LOOKING TO RESTRICT.

THAT'S JUST FIRST PAGE.

THAT'S THE SECOND PAGE.

I HAVE A QUESTION. WHAT WAS THE REASONING BEHIND RECOMMENDING INDUSTRIAL OVER COMMERCIAL.

SO THE ORIGINAL APPLICATION THAT CAME IN WAS FOR COMMERCIAL.

WHEN I WAS SPEAKING WITH THE OWNER ABOUT SOME OF THE USES THAT THEY WERE INTERESTED IN PURSUING, I REALIZED THAT THOSE WOULD NOT BE ALLOWED BY RIGHT IN THE COMMERCIAL ZONING DISTRICT. AND SO I KIND OF CORRESPONDED WITH THE OWNER AND SAID, HEY, CAN YOU TAKE A LOOK AT THE COMMERCIAL LAND USE LAND USE LIST AND TAKE A LOOK AT THE INDUSTRIAL LAND USE LIST AND TELL ME WHICH IS MORE IN LINE WITH WHAT YOU'RE PURSUING OR WHAT YOU'RE LOOKING TO DO IN THE FUTURE AT THIS SITE.

AFTER HE LOOKED AT BOTH LISTS, HE SAID, I AM DEFINITELY MORE INTERESTED IN PURSUING INDUSTRIAL.

THANK YOU. OKAY.

DO WE HAVE ANY QUESTIONS FOR MR. [INAUDIBLE] WHILE HE'S UP HERE? STILL STANDING.

I DON'T WANT TO KEEP YOU STANDING UP THERE FOREVER.

I DON'T MIND. I SIT ALL DAY.

[LAUGHTER] THAT'S OKAY. I DO HAVE A QUESTION ON SOME OF THE RESTRICTIONS WHERE YOU TALKED ABOUT PETROLEUM OR GAS WELL.

I'M KIND OF CURIOUS WHENEVER SOMEONE PROPOSES INDUSTRIAL, LIKE ANY KIND OF CHEMICAL STORAGE, HAZARDOUS MATERIALS, FUEL STORAGE TANKS WHETHER ABOVE GROUND OR IN-GROUND, LIQUID GASES LIKE THE AMMONIA THAT YOU'LL SEE ANY KIND OF MAINTENANCE CHEMICALS COULD ALWAYS WORRY ABOUT GROUND SATURATION, RUNOFF, STUFF LIKE THAT.

YEAH. SO WE DO HAVE IN THE INDUSTRIAL ZONING DISTRICT A VERY SPECIFIC SECTION THAT TALKS ABOUT GENERAL PERFORMANCE STANDARDS.

AND SO WHEN THERE ARE SOME MORE INTENSIVE USES SUCH AS THAT, THERE ARE THRESHOLDS THAT THEY NEED TO PROVIDE FORMAL DOCUMENTATION THAT ENSURES THAT THOSE THRESHOLDS ARE BEING MET, WHETHER THEY BE FIRE SAFETY STANDARDS OR NOISE POLLUTION, ALL THOSE TYPES OF THINGS.

I DON'T HAVE. I CAN PULL THEM UP IF YOU'D LIKE TO SEE THEM.

BUT WE DO HAVE GENERAL PERFORMANCE STANDARDS FOR THOSE MORE INTENSIVE INDUSTRIAL USES.

I TAKE YOUR WORD FOR IT. OKAY.

THE ONLY THING THAT I WOULD POTENTIALLY ADD IS JUST THAT MOST OF THE TEN THINGS THAT ARE WOULD BE RESTRICTED IN PLANNED DEVELOPMENT I WOULD JUST SAY AGAIN THAT FROM AN INVESTMENT STANDPOINT, THOSE ARE NOT THINGS THAT WE'RE LOOKING TO PURSUE AND THAT JUST WE WOULD LIKE TO AS A BUSINESS AND AS INVESTORS, WE WOULD JUST LIKE TO NOT INTENTIONALLY RESTRICT OURSELVES, EVEN THOUGH THOSE ARE THINGS THAT ARE WOULD EITHER BE VERY COST PROHIBITIVE OR WOULD BE RESTRICTED OR HIGHLY REGULATED IN OTHER FORMS OF YOUR ORDINANCE.

WE WOULD JUST LIKE TO AGAIN, JUST STICK WITH THE STRAIGHT INDUSTRIAL ZONING SO AS TO NOT LIKE PERMANENTLY RESTRICT OURSELVES IN THE FUTURE.

AND THAT'S AGAIN, IT WOULD BE FROM AN INVESTMENT STANDPOINT.

THAT'S ALL THAT WE'RE TRYING TO BE.

WE WANT TO BE MINDFUL OF BURLESON AND KEEPING THINGS, YOU KNOW, IN A CLEAN AND PRODUCTIVE ENVIRONMENT.

AND THAT WHOLE CORRIDOR HAS BEEN REALLY, REALLY ROUGH.

I ACTUALLY KNOW SEVERAL OF THE PROPERTY OWNERS THAT ARE FURTHER DOWN WHERE THEY HAVE AUTO SALVAGE YARDS AND, YOU KNOW, OR JUST WRECKING YARDS OR OTHER HEAVY INDUSTRIAL USE TYPE SETUPS.

AND OUR GOAL, WHICH HAS BEEN AND CONTINUES TO BE JUST TO I MEAN, JUST KEEP THE PLACE UP AND MAKE IT LOOK DECENT AND PROVIDE A USE FOR LOCAL BUSINESSES. SO.

YEAH, I APPRECIATE YOU MENTIONED THAT I'VE BEEN INVOLVED ON PROPERTIES WHERE I'VE DONE RENOVATIONS AND STUFF WHERE THERE HAD BEEN MACHINE TYPE OILS AND STUFF THAT HAD SATURATED THE GROUND, WHERE THE BUYERS AFTER THE BUYERS HAD COME IN AND DID CLEAN UP.

AND SO I KNOW THAT IT CAN BE.

I DON'T KNOW IF YOU WERE, YOU KNOW, HAD ANY COST TO DO WITH ANY CLEANUP FROM PREVIOUS OWNERS.

[00:20:02]

YEAH, YEAH. I ACTUALLY MET THE LANDOWNER, THE PREVIOUS LANDOWNER ABOUT SIX YEARS AGO AND HE'S AN OLDER GENTLEMAN AND WE ACTUALLY QUICKLY BECAME FRIENDS OVER ALL OF HIS CLASSIC CARS.

AND OVER THE COURSE OF THE PAST FIVE YEARS, I HAVE SLOWLY HELPED HIM REMOVE ALL OF THE CARS THAT HE USED TO HAVE THERE AND ALONG WITH JUST KIND OF MAINTAINING IT AND KIND OF BECAUSE HE WAS JUST NOT AT AN AGE WHERE HE COULD MAINTAIN THE PROPERTY ANYMORE AND THEN AT WHICH TIME IT WAS PURCHASED BY US.

JP, I HAVE A QUESTION.

IS THIS DEFAULT AG ZONING? YES. I COULDN'T TELL YOU WHEN THE ANNEXATION TOOK PLACE, BUT IT WAS FROM A DEFAULT ANNEXATION.

THANK YOU, MR. [INAUDIBLE]. THANK YOU.

APPRECIATE IT. THE PUBLIC HEARING IS STILL OPEN.

ANYBODY ELSE WANTS TO SPEAK? IF NOT, I'LL CLOSE THE PUBLIC HEARING.

JP THE ONLY, I GUESS ISSUE I HAVE JUST IN GENERAL IS ABOUT A MONTH AGO WE APPROVED STRAIGHT INDUSTRIAL ZONING.

IN FACT, WE'VE DONE IT I THINK TWICE AND PROBABLY NOT TOO FAR FROM THIS SPOT BECAUSE WE'RE KIND OF FAR DOWN ON THE CITY LIMITS DOWN THERE.

AND SO I LIKE THE IDEA OF THE CITY WANTING TO KIND OF PUT SOME RESTRICTIONS ON THE INDUSTRIAL THING.

BUT AT THE SAME TIME, WE'VE KIND OF ALREADY JUST EXTREMELY RECENTLY SAID I ZONING IS OKAY.

SO I REALLY WISH THEY'D GET THE ZONING ORDINANCES CHANGED WHERE WE COULD DO THE I 2 OR 3 I 1.

BUT RIGHT NOW WE'RE KIND OF IN A.

YEAH, STAFF IS WE'RE WORKING TOWARDS GETTING THAT ZONING ORDINANCE READY TO BE HOPEFULLY AMENDED BY THE TURN OF THE NEW YEAR.

SO WE'RE REALLY JUST KIND OF BEING HYPER AWARE OF A LOT OF THESE ZONING CASES ALONG THE I-35 CORRIDOR THAT ARE INDUSTRIAL BECAUSE IF WE DO NOT RESTRICT THEM, THEN THEY WON'T BE ABLE TO BE RESTRICTED IN THE FUTURE WHEN THE ZONING ORDINANCE IS UPDATED AND AMENDED APPROPRIATELY.

WOULD YOU BE ABLE TO PULL UP ANY OF THE PREVIOUS CASES THAT WE HAD? BECAUSE IT WOULD HAVE HAD TO HAVE BEEN. I DON'T HAVE THEM PULLED UP.

JUNE? YEAH, I THINK ONE CAME THROUGH IN EITHER MAY OR JUNE.

IT WAS A 3868 SOUTH BURLESON BOULEVARD, PROBABLY NOT TOO FAR FROM THE SUBJECT LOCATION THAT WE'RE SPEAKING ABOUT HERE TODAY.

THAT CASE WAS INTERESTING BECAUSE IT IT DIDN'T HAVE ANY STRUCTURES ON THERE.

AND THE USE THAT THE OWNER WAS PROPOSING WAS STRICTLY FOR PARKING.

RIGHT. BUT THAT DOESN'T STOP HIM IN THE FUTURE FROM.

THAT'S CORRECT. SO I GUESS I JUST FEEL LIKE WE'RE KIND OF WALKING I MEAN, AT SOME POINT YOU GOT TO DRAW THE LINE AND SAY, OKAY, THIS IS WHAT WE WANT.

AND WHETHER NOW OR IS THE TIME FOR THAT THEN I DON'T KNOW.

BUT YOU HAVE TO SAY AND I KNOW WE JUST HAD IT A COUPLE OF MONTHS AGO, SO THAT'S EITHER WAY I'M FINE EITHER WAY WHAT THE COMMISSIONERS WANT TO DO BECAUSE I THINK EVEN AS A PD, THE USES THAT ARE BEING RESTRICTED ARE THE ABSOLUTE HEAVIEST THAT ARE ON THERE AND ANYTHING ELSE IS FINE. SO AND WE REALLY WOULDN'T WANT ANY OF THOSE OTHER ONES.

AND I CAN SEE I DON'T THINK A RAILROAD'S COMING THROUGH ANYTIME SOON.

SO BUT LIKE I SAID, I'LL LEAVE IT UP TO THE COMMISSIONERS WHAT THEY CHOOSE TO DO.

YEAH, I AGREE WITH YOU. I THINK THAT A PRECEDENT HAS ALREADY BEEN SET.

I THINK ONCE THE CITY HAS THE OPPORTUNITY TO REDEFINE INDUSTRIAL INTO DIFFERENT CATEGORIES, THAT'S WHEN IT SEEMS MORE LOGICAL TO START EXERCISING YOU KNOW, THOSE TYPES OF CONTROLS.

SO AT THIS POINT, AS FAR AS I'M CONCERNED, I'M CONTENT GOING STRAIGHT INDUSTRIAL.

I KNOW WE'RE TRYING TO GET AWAY FROM GOING PDS.

WE TALKED ABOUT USING THOSE ONLY IN CERTAIN CIRCUMSTANCES, LIKE WITH THE BUSINESS PARK AND EVERYTHING COMING OUT BY THE TOLL ROAD.

MR. COMMISSIONER, IF I COULD ADD? YES, SIR. I KNOW THE CASES THAT YOU'RE SPEAKING OF, BUT I DON'T KNOW WHAT THEIR COMPREHENSIVE LAND USE PLAN DESIGNATION WAS. SO IN THIS INSTANCE, THE COMPREHENSIVE LAND USE PLAN CALLED FOR LESSER INDUSTRIAL, AND THAT WAS ONE OF THE REASONS WHY WE ACTUALLY CHOSE THE PD WITH THOSE RESTRICTIONS. THINKING ABOUT IT, I THINK BECAUSE IT'S A WHOLE CORRIDOR THAT GOES ALL THE WAY UP, I THINK IS IT WASN'T IN THE 917 CORRIDOR WHERE IT'S RIGHT BY 35.

BUT I KNOW IT WAS ON THE SERVICE ROAD WHERE THERE'S TWO DIFFERENT DESIGNATIONS, COMPREHENSIVE PLAN DESIGNATIONS IN THAT GENERAL AREA.

I COULDN'T TELL YOU IF THEY WERE BOTH IN THE SAME ONE OR NOT RIGHT NOW.

THAT WOULD HELP. I MEAN, I GUESS IT'S KIND OF IMPORTANT TO KNOW IF.

[00:25:03]

AND THEN THE OTHER SITE, AGAIN, IT'S EITHER IN THE EMPLOYMENT GROWTH CENTER OR THE COMMERCIAL.

YEAH, THAT RED AREA.

OR IN THIS AREA. I'M NOT SURE.

IF IT'S IN THE COMMERCIAL Y'ALL WOULD HAVE YOU WOULDN'T HAVE WANTED AN INDUSTRIAL.

IT WOULD DEPEND ON WHAT THE LANGUAGE IS IN THAT COMPREHENSIVE PLAN.

IF YOU GIVE ME ONE MOMENT, I CAN READ IT TO YOU IF YOU'D LIKE TO SEE IT.

SURE. BECAUSE I THINK IT WAS IN THE EMPLOYMENT GROWTH CENTER WHERE IT WAS KIND OF.

YEAH. SO THE RED IS THE REGIONAL OFFICE COMMERCIAL, WHICH WOULD NOT HAVE INDUSTRIAL AS A CORRESPONDING ZONING DISTRICT.

AND THEN OF COURSE, THE EMPLOYMENT GROWTH CENTER WHERE THIS SUBJECT SITE IS LOCATED DOES HAVE INDUSTRIAL AS A CORRESPONDING ZONING DISTRICT.

HOWEVER, AS EMILIO DISCUSSED, IT DOES SPECIFICALLY ENCOURAGE AND CALL OUT LOW TO MEDIUM INTENSITY INDUSTRIAL USES.

RIGHT . OKAY. IS THERE ANYBODY ELSE? GO AHEAD, BILL.

YEAH, I DO. I SUPPORT THE CITY'S RECOMMENDATIONS WITH THE RESTRICTIONS AS YOU OUTLINED THEM.

DO WE HAVE ANY OTHER QUESTIONS? IF NOT, WE'LL NEED TO ENTERTAIN A MOTION ON THE ITEM 4B.

I RECOMMEND APPROVAL OF THE CASE 22-122? AS IT AS IT'S WITH THE STRAIGHT ZONING OR WITH STAFF'S RECOMMENDATION? WITH THE STAFF RECOMMENDATIONS.

OKAY. IS THERE A SECOND? I'LL SECOND. ALL RIGHT.

I HAVE A MOTION BY DAN AND A SECOND BY BILL TO ACCEPT STAFFS RECOMMENDATIONS, TO GO WITH A PD, WITH SOME RESTRICTIONS, BUT WITH A BASELINE OF INDUSTRIAL.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

AND ALL OPPOSED.

ALL RIGHT, THAT MOTION FAILS BY A VOTE OF 3 TO 2.

AND WE'LL NEED ANOTHER MOTION.

I RECOMMEND ZONING CHANGE FROM AGRICULTURAL TO STRAIGHT INDUSTRIAL CASE 22-122.

SECOND.

ALL RIGHT I HAVE A MOTION BY JASON AND A SECOND BY MICHAEL TO ACCEPT JUST THE STRAIGHT INDUSTRIAL ZONING.

ALL IN FAVOR, PLEASE RAISE YOUR HAND.

THAT'S WHAT I THOUGHT I WAS DOING A MINUTE AGO.

SO YOU WANT STRAIGHT INDUSTRIAL? THAT'S WHAT I THOUGHT I WAS DOING. OKAY.

SO ARE YOU VOTING YES? OK. AND ALL OPPOSED? ALL RIGHT MOTION PASSES BY A VOTE OF 4 TO 1.

THAT'S WHY WE DO IT TWICE SOMETIMES.

THAT'S OKAY. IT'S OKAY.

IT'S OKAY. ALL RIGHT.

DON'T HAVE ANY REPORTS AND PRESENTATIONS.

WE DO HAVE ON ITEM SIX IS A NOMINATION AND ELECTION FOR A PLANNING AND ZONING VICE CHAIRMAN.

[6. Other Items for Consideration]

SO IT IS OPEN AGAIN.

HOWEVER, WE DON'T HAVE TO PICK IT TONIGHT.

WE'VE GOT ONE MORE MEETING THIS MONTH.

I THINK THEY WOULD LIKE US TO MAKE A DECISION BY THE END OF THE MONTH, BUT BASICALLY IT'S JUST IF I'M NOT HERE, THE VICE CHAIR WOULD STEP IN AND FILL IN FOR THE MEETING AND THEN TILL THE NEXT ONE.

SO THAT'S BASICALLY HOW THAT GOES.

IF WE DO NOT SELECT A VICE CHAIR, I DON'T KNOW WHAT MY GUESS IF ONE IS NOT SELECTED TONIGHT THEN FIRST MEETING OCTOBER WHEN NEW COMMISSION MEMBERS ARE SWORN IN, THEN ONE WOULD BE SELECTED AT THAT TIME.

SO I KNOW THAT COMMISSIONER MORRIS IS ROLLING OFF, AND THAT LEAVES JUST A FEW OF US LEFT.

SO IT'S UP TO YOU ALL.

WE CAN WE CAN GO AND TABLE IT AND BRING IT UP NEXT MEETING OR WE CAN APPOINT A VICE CHAIR TONIGHT.

SO IT'S UP TO Y'ALL.

I SAY TABLE. ALL RIGHT.

DO WE NEED A MOTION OR ANYTHING ON THAT? JUST I WOULDN'T.

IF WE PUT IT ON THE TABLE, THEN WE HAVE TO TAKE IT OFF THE TABLE.

[00:30:03]

OKAY. WE'LL JUST PUT IT ON THE ONE AT THE END OF THE MONTH.

SO THOSE THAT ARE LEFT, PLEASE THINK ABOUT THAT.

AND WE'LL PROBABLY GET AT LEAST THREE NEW COMMISSIONERS IN OCTOBER.

SO AND PROBABLY WOULDN'T WANT THEY ARE BRAND NEW.

SO JUST SOMETHING TO THINK ABOUT.

AND LIKE I SAID, IT'S ONLY TO FILL IN WHEN I'M NOT HERE.

SO. WE DON'T HAVE ANY COMMUNITY INTEREST ITEMS, WHICH IS GOOD OK AND WE DON'T HAVE ANY EXECUTIVE SESSION.

SO I WILL ADJOURN THE MEETING AT 7:00.

* This transcript was compiled from uncorrected Closed Captioning.