[00:00:04]
ALL RIGHT. GOOD EVENING, EVERYONE [INAUDIBLE] 6:00.
[1.Call to Order]
SO I'LL CALL THE MAY 23RD EDITION OF THE PLANNING AND ZONING MEETING TO ORDER.FIRST ITEM IS GOING TO BE THE INVOCATION, AND DAVID IS GOING TO HANDLE THAT FOR US.
WE PRAY, FATHER, FOR YOUR WISDOM, AND WE'RE UNDERSTANDING THAT WE MAY FULLY MAKE A FULLY INFORMED DECISION AND THAT WE WILL SURELY SEEK TO DO YOUR WILL AND THE BEST FOR THE CITY OF BURLESON.
THANK YOU, FATHER, FOR YOUR LOVE FOR IT'S IN YOUR NAME, WE PRAY.
AMEN. PLEASE JOIN ME IN THE PLEDGE.
ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.
ALL RIGHT THAT TAKES US TO SECTION 2 CITIZENS APPEARANCES.
SO I'LL OPEN IT UP TO ANYONE IN THE AUDIENCE IF YOU'D LIKE TO SPEAK.
DOESN'T APPEAR LIKE THAT WE HAVE ANYONE, SO WE'LL MOVE ON TO THE CONSENT AGENDA.
[3.Consent Agenda]
ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE BY THE PLANNING AND ZONING COMMISSION AND WILL BE ENACTED WITH ONE MOTION UNLESS SOMEONE FROM THE AUDIENCE, THE COMMISSION OR STAFF WOULD LIKE TO PULL AN ITEM.OTHERWISE I'LL ENTERTAIN A MOTION.
I HAVE A MOTION. IS THAT A MOTION TO APPROVE? THANK YOU. MOTION TO APPROVE.
SO I HAVE A MOTION BY MICHAEL AND A SECOND BY CLINT.
ALL IN FAVOR, RAISE YOUR HAND.
AND THEN WE'LL MOVE ON TO ITEM 4 PUBLIC HEARING.
[4A. Food Truck Park at 2635 S Burleson Blvd (Case 23-028): Hold a public hearing and consider an ordinance for a zoning change request from “A”, Agricultural, to “GR" General Retail with a SUP, Specific Use Permit, allowing for a “Food Truck Park” to operate at 2635 S Burleson Blvd.]
FOOD TRUCK PARK AT 2635 SOUTH BURLESON BOULEVARD CASE 23-028.HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM A AGRICULTURAL TO GR GENERAL RETAIL WITH A SPECIFIC USE PERMIT ALLOWING FOR A FOOD TRUCK PARK TO OPERATE AT 2635 SOUTH BURLESON BOULEVARD.
ALL RIGHT. GOOD EVENING, COMMISSIONERS.
: LIDON PEARCE, SENIOR PLANNER, FILLING IN FOR JP DUCAY'S CASE FOR THIS ITEM THIS EVENING.
CURRENTLY THE SITE IS ZONED A AGRICULTURE.
SO THIS ZONING CHANGE WOULD BRING THEM INTO MORE COMPLIANCE WITH OUR COMP PLAN AS FAR AS GETTING THEM OUT OF THEIR DEFAULT ZONING AS WELL AS ALLOW THE APPLICANT TO OPERATE A FOOD TRUCK ON THE PROPERTY.
TO NOTE, THIS GAS STATION AND THIS FOOD TRUCK WOULD BE OPERATED BY THE SAME PROPRIETOR, SAME OWNER.
THE FAMILY HAS OWNED THE GAS STATION FOR APPROXIMATELY SEVEN YEARS.
THIS WOULD ALLOW PER ORDINANCE.
THEY WOULD HAVE FOR ALL OUR ORDINANCE REGULATIONS.
IT WOULD ALLOW THEM UP TO OPERATE A FOOD TRUCK AT THE SITE.
IF THIS WAS APPROVED BY COUNCIL, IT WOULD ALSO ALLOW THEM TO.
IT WOULD BE A GENERAL RETAIL ZONING.
SO IF THE SITE AT SOME POINT IN THE FUTURE WAS TO REDEVELOP, IT WOULD REDEVELOP IN ACCORDANCE WITH THE GENERAL RETAIL ZONING DISTRICT AS OPPOSED TO AN AG, WHICH IS A MORE APPROPRIATE ZONING.
THAT WOULD ALSO CAUSE A SITE JUST FOR TECHNICALITY PURPOSES TO LOSE ITS LEGAL NONCONFORMING STATUS.
GENERALLY, A GAS STATION, IF IT WERE BEING BUILT ON A NEW SITE, WOULDN'T BE ALLOWED IN AG.
BUT BECAUSE IT EXISTED WITH A DEFAULT ZONING, THAT'S WHY IT'S A LEGAL NONCONFORMING AT THIS POINT.
IT IS IN OUR EMPLOYMENT GROWTH CENTER AND AS MENTIONED, IT IS AG ZONED CURRENTLY.
WE HAVE NOT RECEIVED ANY INQUIRIES RELATED TO THE SITE.
WE RECEIVED NO LETTERS OF OPPOSITION.
REALLY A LOT OF TIMES THESE PROPERTIES, IF THEY DON'T TOUCH ANY SUBDIVISIONS, YOU DON'T GET AS MUCH.
BUT NO INQUIRIES AT THIS TIME.
[00:05:09]
TO OPERATE AT THE SITE WITH THE FOLLOWING CONDITION THAT NO MORE THAN TWO FOOD TRUCKS WILL BE ALLOWED TO OPERATE AT ANY GIVEN TIME.THAT'S NOT THE INTENT, BUT THAT IS TO PROTECT OUR INTERESTS WITH THIS.
ALL RIGHT. THIS IS A PUBLIC HEARING.
IF NOT, I WILL CLOSE THE PUBLIC HEARING AT 6:06 AND OPEN IT UP FOR ANY COMMENTS FROM THE COMMISSION.
IF YOU HAVE ANY PROBLEMS LATER WITH THIS, SOMEBODY INQUIRING ABOUT WHY IT'S THERE, HOW IT'S OPERATING, IS THERE GOING TO BE ANY WHAT'S THE RECOURSE FROM THAT POINT? SURE. SO ANY OPERATION OF THE ACTUAL FOOD TRUCKS WILL HAVE TO BE IN ACCORDANCE WITH OUR ORDINANCES.
IF, IS THAT THE ANSWER TO YOUR QUESTION? OR ARE YOU ASKING IF SOMEBODY JUST DIDN'T LIKE THE FACT THAT A FOOD TRUCK WAS? YEAH, THAT TOO.
BUT BUT MORE SO WHAT COULD BE DONE OR IF ANYTHING, ONCE IT IS APPROVED FOR SOMEBODY COMPLAINING ABOUT IT OR HAVING AN ISSUE WITH IT.
SURE. SO THE ZONING IS THE TIME WHEN WE NOTIFY PEOPLE FOR THE PUBLIC TO COME IN OPPOSITION IF THEY DON'T LIKE WHAT'S BEING PROPOSED, THIS IS THAT FORUM ALSO COUNCIL, THEY'LL HAVE A FORUM TO SPEAK ON THAT.
THEY STILL HAVE TO OPERATE IN ACCORDANCE WITH THE FOOD ESTABLISHMENTS.
SO THEY STILL HAVE TO FOLLOW ALL THOSE THINGS.
HOW BIG OF A PROPERTY IS THIS ZONED AS? I MEAN, THERE'S A LOT OF GREEN AROUND IN THE BACK.
AND DOES THAT GO BACK? DOES THE VALERO THE PROPRIETY OF THIS OWN THE LAND ALL THE WAY BACK.
NOT SURE EXACTLY HOW FAR THAT IS.
SO THE APPLICANT HAS REPLATTED THE SITE IN ACCORDANCE FOR OUR ORDINANCES TO BE ONE ACRE.
THAT'S ALSO WHY YOU HAVE THE ZONE CHANGE.
SO SOME OF THESE LOTS TO THE NORTH IS THE UNITED CO-OP SERVICES.
THEY OWN ALL YOU CAN ALMOST SEE THAT NATURAL LINE.
AND THEN YOU'LL ALSO SEE TO THE SOUTH THERE'S THAT FIVE STAR HOTEL.
SO THESE USES EXISTED PRIOR TO THE ZONING BEING IMPOSED UPON THEM.
SO THAT'S WHY YOU SEE ALL THE GREEN, THE ZONING CHANGE FOR THIS SITE IS GOING TO APPLY TO THE ONE ACRE SITE THAT'S BEEN REPLATTED AND THAT'S BEEN NOTICED FOR THIS PARTICULAR CASE. SO EVERYTHING AROUND IT WILL STILL SAY GREEN OR AG, IF YOU WILL.
IS THERE ANY OTHER REGULATIONS THEY HAVE TO FOLLOW BEING ZONED IN CHANGING THE ZONE TO AN SUP.
IN GENERAL RETAIL THE OTHER IS THAT ARE THEY DO THEY FALL UNDER OTHER REGULATIONS AND RESTRICTIONS.
YES. SO THEY'LL HAVE TO HEAR THE ENTIRE ESTABLISHMENT.
THEY WILL HAVE TO ADHERE TO ALL OUR FOOD TRUCK ORDINANCES FOR THE FOOD TRUCK.
SO THEY'LL HAVE TO FOLLOW THE SETBACKS, LANDSCAPING, ALL OUR ORDINANCES FOR GENERAL RETAIL.
SO THIS IS MORE A, IT PROVIDES A CORRECTION, IF YOU WILL, TO THE GENERAL RETAIL ASPECT.
AND THEN THE FOOD TRUCK ASPECT IS GOVERNED BY OUR ORDINANCES THAT ARE BEEN ADOPTED BY COUNCIL.
[00:10:05]
SO THERE ARE LEGAL NONCONFORMING.THEY'RE ALLOWED TO CONTINUE EXIST UNTIL THEY EXPAND THE SITE.
AT THAT TIME, THEY'D HAVE TO APPLY FOR A ZONING WHICH THEY AREN'T DOING CURRENTLY.
AS FAR AS VIOLATION OF ORDINANCES SUCH AS FOOD ESTABLISHMENTS, ORDINANCES, BUILDING CODES, THINGS OF THAT NATURE CODE, ENFORCEABLE ORDINANCES THAT ARE OUTSIDE OF THE ZONING CODE.
THEY DO HAVE TO ADHERE TO THOSE CURRENTLY.
THEY JUST IF THEY DIDN'T IF WE WEREN'T COMING FOR YOU TODAY WITH A FOOD TRUCK OR ANYTHING AND MR. SULTAN DECIDED WE'RE GOING TO SELL THE GAS STATION, THEY'RE GOING TO DEMOLISH IT AND SOMEBODY WANTS TO BUILD SOMETHING NEW, THEY WOULD NOT BE ABLE TO BECAUSE THE SITE DOESN'T CONFORM TO ANY ZONING DISTRICT.
SO THERE'S MULTIPLE ORDINANCES, OBVIOUSLY, IN THE CITY CODE.
THEY ARE REQUIRED TO COMPLY WITH THOSE CURRENTLY AND THEY ARE.
SO THESE BUSINESSES THAT WE SEE HERE WERE KIND OF GRANDFATHERED IN AT ONE TIME.
THEY'RE CALLED LEGAL NONCONFORMING.
SO THEY EXISTED PRIOR TO BEING INTO THE CITY OF BURLESON WHEN THEY WERE ANNEXED.
THEY WERE GIVEN A DEFAULT ZONING OF A AGRICULTURE AND ALLOWED TO EXIST UNTIL A TIME WHEN THEY ARE EITHER REDEVELOPED OR REQUESTED TO EXPAND THEIR LEGAL NONCONFORMITY. WHEN A BUSINESS IS BROUGHT INTO THE CITY AND THEY HAVE AN AG ZONING AND THEN LET'S SAY THEY WANTED TO INCREASE THEIR USE, CHANGE THEIR USE OR INCREASE THEIR BUSINESS BY ADDING ADDITIONAL BUILDINGS AND THINGS, THEN AT THAT TIME THEY ARE COMPELLED TO REQUEST A ZONING DISTRICT TO BE IN [INAUDIBLE] WITH THE LAND USE REGULATIONS AS WELL AS ALL OTHER CODE OF ORDINANCES.
BUT YOU'RE NOT THE JUST SO I'M MAKING IT CLEAR WE'RE NOT JUST ZONING THE ONE FOOD TRUCK AS GENERAL RETAIL AND LEAVING THE REST OF THE PROPERTY OR THE REST OF IT ALONE.
IS THAT WHAT? YOU SEE THE BLUE BOX ON YOUR SCREEN? THAT IS WHAT WE'RE REZONING? YES, SIR. SO AND IT'S NOT JUST THE FOOD TRUCK.
IT'S THE FOOD TRUCK. IF THEY DECIDE TO ABANDON THE FOOD TRUCK OPERATIONS IN SIX MONTHS, THE SITE WILL STILL REMAIN ZONED GENERAL RETAIL WITH THAT SPECIFIC USE.
SO THERE'S OTHER THINGS AT PLAY.
SO YOU KIND OF GOT A LOT OF CONFLICTS IN YOUR I JUST WANT TO ANSWER THEM EACH INDIVIDUALLY.
SO THEY'RE ONLY REQUESTING TO REZONE WHERE THEY'RE DEVELOPING AND WHAT THEY'VE PLATTED.
SO THIS LAND WAS PREVIOUSLY UNPLATTED AND ZONED AG DEFAULT.
THEY'VE PLATTED THE LAND AND THEY ARE ZONING IT TO BRING IT INTO COMPLIANCE AS FAR AS IS THAT ANSWER YOUR FIRST PART? I THINK SO YEAH. I JUST WANT TO MAKE SURE I ANSWER ALL YOUR QUESTIONS.
I'M JUST TRYING TO. YEAH, I'M JUST TRYING TO UNDERSTAND IF THEY WANTED TO JUST PUT A FOOD TRUCK THERE, WOULD THEY HAD TO HAVE GONE THROUGH THE ZONING OR WOULD THEY HAVE BEEN ALLOWED TO PUT THE FOOD TRUCK THERE WITHOUT GOING [INAUDIBLE]? YEAH. SO THIS WAS THEIR PROCESS THAT THE WAY OUR CODE IS WRITTEN, THIS IS THE ONLY PROCESS FOR THIS PROPERTY BASED OFF OUR FOOD TRUCK ORDINANCE.
WHERE HE COULD PUT A FOOD TRUCK IS THEY DO AN SUP.
GOTCHA. THERE MAY BE OTHER INSTANCES WHERE YOU CAN GET A FOOD TRUCK OPERATION, SITE PERMIT, BUT IN THIS CASE, THIS IS THE PROCESS, THE ONLY PROCESS BY WHICH THE APPLICANT COULD SEEK RECOURSE TO REQUEST A FOOD TRUCK REGARDLESS OF THE ZONING.
THE AG ZONING REALLY ISN'T THE ISSUE.
WE'RE JUST CLEANING THAT UP WITH THE SUP.
THE GAS STATION ITSELF, DOES IT HAVE AN OPERATIONAL KITCHEN OR IS THIS TO TAKE OVER FOR THAT? SO THE PROPRIETOR OF THE GAS STATION, THE GAS STATION IS, FOR ALL INTENTS AND PURPOSES, CONSIDERED A FOOD ESTABLISHMENT.
SO THEY'LL THEY HENCE THAT'S KIND OF WHY YOU'RE SEEING IT TODAY.
SO THEY DO HAVE THE ABILITY TO HAVE FOOD IN THE GAS STATION A LOT OF TIMES FOR DIFFERENT REASONS, SOMETIMES FOR IF YOU KNOW WHERE THE SITE IS AND YOU'VE DRIVEN BY IT, I'M SURE YOU HAVE OFF OF BETHESDA.
I'VE BEEN THERE. YOU KNOW, A LOT OF TIMES IT'S TO GET MORE VISIBILITY TO THE SITE.
YOU KNOW, THEY'RE GOING TO, I WOULD SAY, KIND OF A DIFFICULT SITE.
BUT YES, THEY DO HAVE A FOOD ESTABLISHMENT AT THE GAS STATION.
SO THEY'LL BE MANAGING THESE OR WILL THEY BE SUBLET OUT? NO, IT WILL BE THE PROPRIETOR IS GOING TO OPERATE IT.
YES. YES, SIR. SO IT'LL BE OWNED BY THE OWNER OF THE.
[00:15:01]
SO IT'S NOT COMPETING.THIS IS THE BUSINESS OWNER ASKING TO HAVE A FOOD TRUCK ALSO ON THEIR SITE.
YEAH. SO THEY'LL BE THE ONES THAT WILL BE HAVING THE FOOD PERMITS.
THE HANDLER'S PERMITS AND EVERYTHING THAT IS CORRECT. THEY'LL BE RESPONSIBLE FOR ALL OUR ORDINANCES.
THEY'LL BE THE ONES THAT WE WOULD CONTACT IF THEY WERE IN VIOLATION.
IT WOULD BE THE OWNER OF THE BUSINESS.
AND THE FOOD TRUCK ARE ONE AND THE SAME.
YEAH. SO MY LINES OF QUESTIONING ARE GOING TO BE LIKE THE HOURS OF OPERATION BECAUSE IF IT'S GOING TO BE THE OWNERS, THEN THEY CAN GO INSIDE BECAUSE I KNOW THAT THEY HAVE HANDWASHING STATIONS AND BATHROOM FACILITIES.
SO THEY'LL STILL BE RESPONSIBLE FOR MEETING ALL THE STANDARDS.
OKAY. YEAH. BECAUSE THEN MY LINE OF QUESTIONING WOULD HAVE BEEN LIKE COLD STORAGE.
THEY'LL HAVE TO DO EVERYTHING JUST LIKE ANY OTHER FOOD TRUCK.
I'M SORRY. LISA DUELLO, DIRECTOR OF NEIGHBORHOOD SERVICES.
SO I'VE BEEN INSIDE THE FOOD TRUCK, AND IT'S JUST LIKE A KITCHEN.
IT HAS HANDWASH SINKS, THREE COMPARTMENT SINKS AND EVERYTHING.
AND THEN, YOU KNOW, AND IT'S GOT REFRIGERATION.
I MEAN, IT'S ACTUALLY TOP OF THE LINE FOOD TRUCK.
RIGHT, RIGHT. I'VE GOT SOME FRIENDS THAT HAVE FOOD TRUCKS, BUT THEY DON'T RUN.
IT DOESN'T STAY RUNNING. THEY HAVE COLD STORAGE EITHER IN THEIR I MEAN, THIS IS ACTUALLY A PRETTY GOOD SITUATION FOR MR. SULTAN, SO. OH, YEAH, YEAH, YEAH.
AND AND HE WILL HAVE REFRIGERATION INSIDE FOR HIS EXTRA FOOD AND EVERYTHING.
I'VE SEEN WHERE THEY'RE SUPPOSED TO BE IN ONE PLACE AND PULL AROUND AND I DON'T KNOW IF THEY'RE RESTRICTED AND I WOULD HAVE NO PROBLEM IF IT WAS MOBILE AND THEY PULLED IT OUT TO THE FRONT OR IF THEY ADVERTISED SOMEWHERE OUT THERE.
YEAH. THE MINIMUM GUIDELINES IS THEY'RE SUPPOSED TO HAVE ALL THE SINKS AND EVERYTHING WITHIN.
WE DON'T WANT THEM LEAVING THE TRAILER TO GO WASH THEIR HANDS OR ANYTHING.
RIGHT I UNDERSTAND. SO IT MEETS ALL OF THE MINIMUM REQUIREMENTS OF A FOOD TRUCK.
AND WE'VE BEEN INSPECTING THE FACILITY, THE ESTABLISHMENT FOR YEARS.
SO YOUR QUESTION, AS FAR AS IF THEY'RE THE FUEL THAT THEY HAVE? NO THE TYPE OF VEHICLE, WHETHER IT'S GOING TO BE IF IT'S GOING TO BE A TRAILER OR IF IT'S GOING TO BE? IT'S GOING TO BE A FOOD. IT'S A THERE'S A PICTURE OF IT HERE.
YOU SEE THE GREEN TRAILER? YEAH. YES.
SO IF HE DECIDED TO UPGRADE TO A DIFFERENT TRUCK OR A DIFFERENT VENUE, IF YOU WILL, TEN YEARS DOWN THE ROAD, WHICH IS VERY FEASIBLE, HE WOULD STILL BE ALLOWED TO DO THAT AS LONG AS THAT NEW OPERATION WAS INSPECTED, APPROVED AND MET ALL OF OUR ORDINANCES.
SO THIS ZONING WOULD RUN WITH THE LAND.
SO EVEN IF HE SOLD THE RESTAURANT, THE GAS STATION AND THE FOOD TRUCK AND SOMEONE NEW CAME IN AND BOUGHT IT, THEY WOULD STILL HAVE THIS, BUT THEY STILL HAVE TO FOLLOW ALL OUR ORDINANCES. THAT'S HOW THAT'S OUR ENFORCEMENT SIDE OF OUR, YOU KNOW, OUR REGULATIONS.
OKAY. BUT IT'S NOT LIMITED TO THIS GREEN TRAILER.
YOU SEE, THAT COULD CHANGE INTO A PINK FOOD TRUCK.
SURE. THAT HE WAS NOT GOING TO BE LIMITED TO ONE TYPE OF VEHICLE OR? NO, WE'RE JUST LIMITING TO TWO ON THE SITE.
YEAH, BUT WE'RE NOT LIMITING THAT DETAIL.
YEAH I SEE NO PROBLEM WITH ANY OF THIS.
LIKE I SAID, I JUST HAD CONCERNS BECAUSE I'VE BEEN TO OTHER LOCATIONS AND SEEN SOME ISSUES.
YEAH. IF WE GET THOSE VIOLATIONS, WE'LL HANDLE THEM ACCORDINGLY IN ACCORDANCE WITH OUR CODES.
YES, SIR. MR. CHAIR, IF I MAY, JUST FOR THE COMMISSION'S BENEFIT, I WOULD PROBABLY TELL YOU MR. SULTAN'S PROBABLY HAD MORE CONVERSATIONS WITH THIS FOOD TRUCK THAN I'VE HAD WITH DEVELOPERS WITH 100 LOT SUBDIVISIONS.
HE'S REALLY COVERED HIS BASES.
HE'S TALKED TO CITY MANAGEMENT, MS. DUELLO'S DEPARTMENT, MY DEPARTMENT.
SO HE'S COMING IN, DOING EVERYTHING THE CORRECT WAY, CLEANING UP THE ZONING, GETTING THE PERMISSION FOR THE FOOD TRUCK, TRYING TO, YOU KNOW, REALLY GET THAT NICHE MARKET THAT FAR SOUTH WITH SOME OF THE TRAFFIC THAT WITH THE I-35 ACCESS ROAD FRONTAGE.
SO I APPLAUD HIM FOR THE EFFORT THAT HE'S UNDERTAKING, INCLUDING PLATTING THE PROPERTY.
HE'S BEEN A TROOPER AND, YOU KNOW, TO GET TO THIS POINT.
[00:20:01]
SO WE'RE DOING THREE A COUPLE THINGS THERE, MR. TAYLOR CLEANING UP THE ZONING, GETTING YOUR EXPRESS RECOMMENDATION FOR THE FOOD TRUCK.EVERYTHING ELSE IS PRETTY BASIC CITY BUSINESS.
HE'S GOING TO FOLLOW THE FULL WEIGHT OF THE CODE JUST LIKE EVERYBODY ELSE.
WERE THERE ANY OTHER COMMENTS FROM THE COMMISSION? IF NOT, I'LL ENTERTAIN A MOTION.
MR. CHAIRMAN, I MOVE THAT THE COMMISSION APPROVE THE ZONING CHANGE REQUEST FROM AGRICULTURAL TO GENERAL RETAIL WITH A SPECIFIC USE PERMIT TO ALLOW FOR A FOOD TRUCK PARK AT THE LOCATION 2635 SOUTH BURLESON BOULEVARD.
ALL IN FAVOR, PLEASE RAISE YOUR HAND.
MOVING ON TO SECTION FIVE REPORTS AND PRESENTATIONS.
I DON'T BELIEVE WE HAVE ANY ZERO COMMUNITY INTEREST ITEMS. NO NEED TO RECESS INTO EXECUTIVE SESSION, SO I WILL ADJOURN THE MEETING AT 6:21 P.M..
* This transcript was compiled from uncorrected Closed Captioning.