[00:00:01]
[1. CALL TO ORDER]
GOOD AFTERNOON.IT IS 4 P.M., SO I'LL CALL THIS SPECIAL PLANNING AND ZONING MEETING INTO ORDER.
[Items 4.A. & 4.B.]
WE'LL HAVE TWO TODAY, I BELIEVE MILLIE WAS GOING TO GO OVER BOTH AT THE SAME TIME.THEN WE'LL MAKE TWO SEPARATE MOTIONS.
CORRECT. AND THE FIRST ONE IS CONSIDER APPROVAL OF A RESOLUTION SETTING A PUBLIC HEARING TO BE HELD JOINTLY BY THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ON MARCH 4TH, 2024, TO CONSIDER AN ORDINANCE AMENDING THE CITY OF BURLESON ZONING ORDINANCE, CODIFIED IN APPENDIX B OF THE CITY OF BURLESON CODE OF ORDINANCES RELATING TO LIQUOR STORES.
ITEM FOUR B IS CONSIDER APPROVAL OF A RESOLUTION, SETTING THE METHOD BY WHICH NOTICE SHALL BE GIVEN OF THE JOINT PUBLIC HEARING TO BE HELD BY THE CITY COUNCIL AND THE PLANNING ZONING COMMISSION ON MARCH 4TH, 2024, TO CONSIDER AN ORDINANCE AMENDING THE CITY OF BURLESON ZONING ORDINANCE CODE CODIFIED IN APPENDIX B OF THE CITY OF BURLESON.
CODE OF ORDINANCES RELATING TO LIQUOR STORES.
STAFF PRESENTERS, EMILIO SANCHEZ.
EMILIO SANCHEZ, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES.
AGAIN, JUST A LITTLE BIT OF BACKGROUND ON THIS, ON THESE TWO ITEMS, I BELIEVE BACK IN DECEMBER OF 2019, DECEMBER 19TH, 2023, YOU GUYS GOT AN UPDATE FROM US ON THE PROPOSED AMENDMENTS TO THE ZONING ORDINANCE RELATED AS THEY RELATE TO, LIQUOR SALES.
AND THEN WE UPDATED COUNCIL ON THAT ON JANUARY THE 8TH OF 2024 TO RECEIVE THE SAME PRESENTATION THAT YOU GUYS DID, TO KIND OF GIVE US SOME DIRECTION ON THE NEXT STEPS FORWARD.
AGAIN, THIS IS AN AMENDMENT TO THE ZONING ORDINANCE.
STATE LAW REQUIRES THAT THE CITY HOLD AND GIVE PUBLIC NOTICE OF THE PUBLIC HEARING TO SOLICIT FEEDBACK FOR THE PROPOSED CHANGES TO THE CITY'S ZONING REGULATIONS, AS WELL AS THE DISCUSSION ON JANUARY 8TH, STAFF RECOMMENDED THE PUBLIC HEARING AND CONSIDERATION OF THE AMENDMENT OCCUR AT A JOINT MEETING WITH BETWEEN THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION.
THE CITY ZONING ORDINANCE REQUIRES THAT THE JOINT HEARING BE CALLED BY THE BY A COUNCIL RESOLUTION.
THESE ITEMS ARE THAT ARE BEFORE THE COMMISSION TONIGHT ARE TWO RESOLUTIONS.
THE FIRST RESOLUTION WILL SET THE DATE OF THE PUBLIC HEARING AND JOINT MEETING.
SO THE FIRST RESOLUTION, AGAIN, THE FIRST PROPOSED RESOLUTION SETS THE PUBLIC HEARING AT THE JOINT MEETING WITH THE CITY COUNCIL AND COMMISSION AS FOLLOWS.
THE MEETING TYPE WILL BE A SPECIAL JOINT MEETING.
TO BE HELD ON MONDAY, MARCH 4TH, 2020 AND I APOLOGIZE.
AND HERE LOCATED HERE AT THE CITY HALL IN THE COUNCIL CHAMBERS, AND IT WILL BE IN FOR A TEXT AMENDMENT TO THE ORDINANCE AMENDMENT FOR TEXT TO THE CITY ZONING ORDINANCE RELATED TO LIQUOR SALES.
THE RESOLUTION NUMBER TWO WILL BE A RESOLUTION THAT REQUIRES FOR THE PUBLIC THE NOTICE OF THE PUBLIC HEARING AT THE JOINT MEETING OF THE CITY COUNCIL AND COMMISSION BE GIVEN BY PUBLISHING A NOTICE OF THE DATE, TIME, MEETING TYPE SUBJECT TO BE CONSIDERED AND LOCATION IN AND LOCATED IN THE NEWSPAPER AT LEAST TWICE.
THE FIRST NOTICE SHALL APPEAR AND BE PUBLISHED 15 DAYS BEFORE THE DATE OF THE PUBLIC HEARING, AND THEN THE SECOND NOTICE WILL BE PUBLISHED AT LEAST TEN DAYS BEFORE THE DATE OF THE PUBLIC HEARING.
SO WE HAVE TWO ACTIONS AGAIN IN FRONT OF YOU THIS EVENING.
CONSIDER APPROVAL OF A MINUTE ORDER RECOMMENDING APPROVAL OF A RESOLUTION SETTING THE PUBLIC HEARING AT A JOINT MEETING OF THE CITY COUNCIL AND PLANNING AND ZONING COMMISSION ON MARCH 4TH, 2024, TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE RELATED TO LIQUOR SALES.
STAFF RECOMMENDS APPROVAL ON THAT MINUTE ORDER, AND THEN THE SECOND MINUTE ORDER IS TO CONSIDER APPROVAL OF A RECOMMENDATION, APPROVAL OF A RESOLUTION, SETTING THE METHOD BY WHICH THE NOTICE SHALL BE GIVEN OF THE PUBLIC HEARING AND JOINT MEETING BY REQUIRING NOTICE, BY PUBLISHING IN THE NEWSPAPER TWICE, ONE AT THE 15 DAYS AND ANOTHER TEN DAYS BEFORE THE DATE OF THE PUBLIC HEARING.
OKAY. ALL RIGHT. THANKS, EMILIO.
I'LL OPEN IT UP TO THE COMMISSION.
ANY QUESTIONS? BASICALLY, THIS MEETING IS TO SET A MEETING.
[00:05:01]
THIS MEETING IS TO ACTUALLY, RECOMMEND APPROVAL OF SETTING THOSE TWO MEETINGS AND THE JOINT NOTICE AS WELL, HOW WE WILL NOTICE FOR THOSE JOINT MEETINGS.WILL STAFF BE PROVIDING ANY KIND OF TICK SHEET OR ANY KIND OF DRAFT OF ANYTHING PRIOR TO MARCH 4TH? WE WILL. OKAY.
AND WILL A VOTE BE TAKEN THAT DAY ON ANY OF THOSE PROVISIONS OR GUIDELINES OR RECOMMENDATIONS OR ANYTHING? SO THAT WILL BE A JOINT MEETING TO BE HELD.
YES. ON THAT DAY ON MARCH 4TH.
SO THE IDEA OF HAVING A JOINT WORK SESSION IS TOTALLY GONE? THAT HAS NOT BEEN CONTEMPLATED.
THAT IS CORRECT. WHO DENIED IT? WAS IT COUNCIL? WE JUST DIDN'T GET DIRECTION FROM FROM COUNCIL TO MOVE FORWARD WITH A JOINT WORK SESSION.
YEAH, I KNOW I HAVE A FEW ISSUES WITH SOME OF THE TOPICS THAT HAVE BEEN DISCUSSED.
I MEAN, YOU MAY RUN INTO A SITUATION WHERE THAT, SINCE WE'VE NOT SEEN IT, HAD INPUT TO IT, SEEING THE CHANGES THAT YOU MAY RUN INTO THE PUBLIC HEARING, WHERE WE MAY HAVE RECOMMENDED CHANGES TO THE COUNCIL IN THE FOLLOWING HOUR.
UNDERSTOOD. THAT'S NOT THE WAY WE ANTICIPATED THIS GOING.
UNDERSTOOD. AND IF THERE IS ANY HEADBUTTING OR ANYTHING GOING ON THAT DAY, WHO TAKES, DO WE LEG WRESTLE OR? WELL, YOU KNOW, ROBERT'S RULES OF ORDER WILL BE IN FOR BOTH MEETINGS, SO WE'LL HAVE YOUR, THE PLANNING AND ZONING COMMISSION WILL OPEN THEIR MEETING, AS WELL AS THE CITY COUNCIL OPENING THEIR MEETING.
SO YOU'LL HAVE TWO CHAIRS, THE MAYOR AND THE CHAIRMAN OF THE COMMISSION.
BUT IF THERE'S ANY, IT'S BASICALLY ROBERT'S RULES OF ORDER FOR BOTH BOARDS.
SO IT CAN BE SHUT DOWN PRETTY QUICK? I'M NOT GOING TO CONTEMPLATE HOW IT'S GOING TO GO.
OKAY. AND THAT DEPENDS ON YOU GUYS AND THE QUESTIONS THAT YOU ASK STAFF.
BUT YOU KNOW, DECORUM WILL BE REQUIRED.
AND THEN IF THERE ARE ANY ISSUES OR SOMEBODY MIGHT HAVE TO RECUSE THEMSELVES, WILL THAT HAPPEN PRIOR TO THE MEETING STARTING? SO AT THIS PARTICULAR DATE, WE'RE SETTING THE HEARING FOR THAT.
IF YOU'RE ASKING FOR THE RECUSAL ON THAT DATE, YES, THEY WOULD BE, IF THERE'S AN ITEM WHERE SOMEONE HAS A CONFLICT OF INTEREST, AND THEY FEEL LIKE THEY NEED TO RECUSE THEMSELVES, THAT'S WHEN THEY'LL NOTIFY THE COMMISSION AND THE COUNCIL THAT DATE ON THAT MEETING TO BE RECUSED.
IF THERE'S NO OTHER QUESTIONS, I'LL ENTERTAIN A MOTION AGAIN.
WE'LL HAVE TO DO A SEPARATE MOTION FOR BOTH ITEMS A AND B.
MR. CHAIRMAN, I THINK YOU HAVE ONE OTHER QUESTION.
IS THERE GOING TO SO I CAN UNDERSTAND THIS, IS THERE GOING TO BE ALREADY A SET DIRECTION LINED OUT? WHEN WE WHEN THIS MEETING IS ADDRESSED IS? YES, SIR. SO THE MARCH 4TH, IF YOU GUYS APPROVE AND COUNCIL APPROVES THE MARCH 4TH MEETING, WE WILL HAVE AN AGENDA.
AND THAT WILL BE ON YOUR AGENDA THAT EVENING.
OKAY, ALONG WITH OTHER ITEMS? NO. ARE WE? NO, SIR.
WE'RE NOT GOING TO BE ABLE TO SEE WHAT'S ON THE? YOU'RE JUST. WE ARE STRICTLY GOING TO DISCUSS THE LIQUOR STORE AND PACKAGE LIQUOR STORE, SALES AND ADDITIONS OR AMENDMENTS TO THE ZONING ORDINANCE FOR THAT USE ONLY.
OKAY. WELL, WE DON'T HAVE I MEAN, WE DON'T HAVE AN ORDINANCE ADDRESSING THAT RIGHT NOW, RIGHT? YOU DO NOT.
IT'S NOT ALLOWED, AT THIS MOMENT IN TIME.
RIGHT. SO YOU'RE GOING TO LAY OUT GUIDELINES THAT YOU'RE WANTING TO, WANTING TO BE FOLLOWED PRIOR TO ANY TYPE OF ELECTION OR SOMETHING? THAT IS CORRECT.
OKAY. WHAT WE'RE TRYING TO DO IS FUTURE PROOF THE ZONING ORDINANCE SO THAT IF THERE IS A VOTER REFERENDUM, APPROVED, THAT CITY ZONING ORDINANCE WILL BE ABLE TO, IF YOU HAD AN END USER READY TO GO ON DAY ONE OR AS SOON AS THE ORDINANCE WAS CODIFIED, THEN WE WOULD BE ABLE TO ISSUE BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY.
IF SOMEONE WAS WAITING FOR THIS PARTICULAR LAND USE TO BE ALLOWED.
IS THE COUNCIL ANTICIPATING A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION?
[00:10:07]
NOT SURE IF I UNDERSTAND YOUR QUESTION, A RECOMMENDATION ON THE DATE FOR THE MEETING? NO, ON THE ACTUAL PROPOSAL.I BELIEVE YOU GUYS WILL BE ABLE TO DISCUSS THAT AT YOUR JOINT MEETING.
WE'LL BE ABLE TO DISCUSS IT, BUT THERE WON'T BE A RECOMMENDATION.
I WILL PROBABLY MORE THAN LIKELY BE THE ONE GIVING THE PRESENTATION MYSELF OR MR. SANCHEZ, WHAT WE'RE GOING TO PROVIDE YOU WITH IS A BASIC TEXT AMENDMENT TO THE ZONING CODE THAT WILL PRETTY MUCH MIRROR THE DISCUSSION THAT WE HAD WITH YOU A FEW MEETINGS AGO, AS FAR AS HOW TO TREAT THESE TYPES OF USES.
MY EXPECTATION IS THAT IT'S GOING TO BE ESSENTIALLY A PLANNING AND ZONING COMMISSION MEETING, AND ESSENTIALLY A CITY COUNCIL MEETING, EXCEPT YOU ALL ARE GOING TO BE AT THE SAME, SAME VENUE, SAME TIME.
I WOULD EXPECT THAT YOU WOULD GO THROUGH YOUR PERFUNCTORY DUTIES OF MAKING A RECOMMENDATION WITH ANY CHANGES, IF YOU THINK SOME ARE NECESSARY, AND WHAT THE COUNCIL HAS IS THE AUTHORITY TO MAKE A DECISION THAT EVENING AS TO WHETHER OR NOT THEY WANT TO MOVE FORWARD WITH, APPROVAL OF ANY ACTION, SUBSEQUENT MEETINGS OF ANY ACTION REGARDING JUST THE TEXT AMENDMENT.
SO WHATEVER ACTION, HAPPENS THAT THE RESULT OF THE COUNCIL DECISION REALLY HAS NO IMPACT ON THE LOCAL OPTION ELECTION, BECAUSE IF IT'S APPROVED, IT'S APPROVED, IF IT FAILS, IT FAILS.
SO I WOULD NOT ANTICIPATE ANYTHING ANY DIFFERENT OTHER THAN YOU CAN HAVE A DISCUSSION SPECIFIC TO THE ACTION, WHICH IS A TEXT AMENDMENT ON THAT NIGHT'S AGENDA.
WE'RE GOING TO TREAT THIS LIKE ANY OTHER MEETING.
MEMBERS FROM THE PUBLIC CAN COME, WON'T BE A CLOSED MEETING.
AND THE ONLY DIFFERENCE IS YOU'RE GOING TO HAVE BASICALLY A MOTION FROM THE RECOMMENDING BODY AND A MOTION FROM THE APPROVAL BODY, AND HOW THAT TAKES SHAPE AND HOW QUICKLY THAT HAPPENS ULTIMATELY DEPENDS ON THE COUNCIL BECAUSE THERE'S APPROVAL AUTHORITY.
BUT THE PURPOSE OF HAVING THE TWO JOINT MEETINGS IS BECAUSE IT ALLOWS THE CITY TO SET THE NOTIFICATION STANDARD THAT IT WANTS TO USE, AND THAT'S LANGUAGE THAT WE CURRENTLY HAVE IN OUR ZONING CODE RIGHT NOW.
WHEN YOU GO THROUGH THIS PROCESS, WHAT YOU HAVE, THE JOINT MEETINGS, YOU ESSENTIALLY ALLOW YOURSELF TO ESTABLISH HOW YOU WANT TO DO THE NOTICE, WHICH WOULD BE 15 AND TEN DAYS PRIOR, VERSUS THE SEPARATE PROCESS THAT WE HAVE, WHICH WE WOULD NOTIFY FOR YOU ALL.
THEN WE START A PROCESS ALL OVER AGAIN FOR THE COUNCIL.
WE SCRAPPED THAT AND JUST GO WITH ONE MEETING, MAKE IT CLEANER FOR BOTH BODIES.
THE DIALOG IS THERE. SO, I THINK, MR. CHAIR AND COMMISSIONERS, AS FAR AS WHAT YOUR POSTURE IS, SAME AS ANY OTHER MEETING YOU DELIBERATE BASED ON THE ACTION, DELIBERATE BASED ON THE TEXT AMENDMENT.
AND IF YOU WANT TO HAVE A SUPPLEMENTAL STANDARD CHANGED OR SOMETHING LIKE THAT, ULTIMATELY YOU'LL GIVE YOUR RECOMMENDATION AND THE COUNCIL WILL DECIDE WHAT THEY WANT TO DO WITH IT. IT'S ALL GOING TO BE SET UP IN THIS ROOM, JUST TABLES OR SOMETHING OUT HERE? I CAN'T REMEMBER. THAT'S THE..
THAT WAS THE LAST. YEAH, THAT'S THE ATTEMPT.
WE WANT TO GET IT AS, INTERACTIVE AS POSSIBLE.
IT'S GOING TO BE UNIQUE, BUT I DON'T HAVE TO WORRY ABOUT HOW THAT'S GOING TO BE SET UP.
BUT THE CITY SECRETARY IS GOING TO BE THE OFFICE ORCHESTRATING HOW THAT'S GOING TO HAPPEN.
SURE. I DON'T THINK THE THOUGHT PROCESS WAS TO HAVE ANYONE SEATED ON THE DAIS.
THAT'S THE LAST CONVERSATION I HAD.
I LIKE THE LOOK IN THOSE GLASSES.
I FORGOT THEM WASN'T INTENTIONAL.
WHEN CAN WE EXPECT TO SEE THE AGENDA? OH. THAT'S A GOOD QUESTION.
I WANT TO GIVE IT TO YOU AS SOON AS POSSIBLE.
IT'S GOING TO BE PRETTY BASIC.
IT'S GOING TO PRETTY MUCH REMEMBER THE MIRROR, THE TEXT AS FAR AS GENERIC TEXT ABOUT YOU CHANGING THE ZONING CODE, THE MEAT IS IN THE ACTUAL ORDINANCE ITSELF.
IT'S GOING TO BE A VERY EASY READ.
IT'S LITERALLY AS FAR AS TEXT AMENDMENTS GO, IT'S PRETTY BASIC.
YOU KNOW, IT'S NOT A WHOLESALE REDO.
YOU KNOW, WE SHOWED YOU THE ENTIRE ZONING CODE, RIGHT? THIS IS JUST SUCH A SMALL PIECE OF IT.
IT'S MAYBE A COUPLE OF MINUTES TO READ.
[00:15:01]
YOU'LL PROBABLY GO, OH, I'LL REMEMBER THIS.THAT'S WHAT I DIDN'T LIKE. IT'D BE VERY BASIC.
AS A MATTER OF FACT, I THINK IF WE SAY OKAY.
IF YOU CAN HARKEN BACK TO THE PRESENTATION, I THINK THAT MR. PEARCE GAVE YOU, IT'S ALMOST VERBATIM WHAT'S BEING DISCUSSED.
IS THE VOTE STILL SET? ARE THEY STILL TALKING ABOUT DOING IT IN THE FALL INSTEAD OF? I THINK IT'S GOING TO BE PUSHED IN NOVEMBER.
DO YOU KNOW WHAT THE 90 PROOF ANSWER IS TO HOW THEY GOT THEIR SIGNATURES? I HAVE NO IDEA. OKAY.
YEAH. I HAD ONE MORE QUESTION.
ARE ARE THE CITIES, REQUIRED TO FOLLOW PRETTY MUCH THE SAME STANDARDS AS THE STATE, OR CAN THEY FLUCTUATE? EITHER LOWER OR HIGHER THAN THE STATE STANDARDS WHEN IT COMES TO MAKING THEIR OWN? SO WE CAN FLUCTUATE A LITTLE.
WE JUST CAN'T BE MORE STRICT THAN THE STATE.
OKAY. CAN'T BE MORE STRICT, BUT YOU COULD BE..
OR LESS STRINGENT, I SHOULD SAY.
THANK YOU. ARE THERE ANY MORE QUESTIONS? CONCERNS? ALL RIGHT.
IN THAT CASE, I'LL ENTERTAIN A MOTION FOR EITHER OR BOTH.
I MOVE TO APPROVE THE TWO JOINT SESSIONS AS LAID OUT.
AND AGAIN, MR. CHAIRMAN, IF I CAN INTERRUPT.
SO WE ALL NEED TO SO WE'RE GOING TO NEED A MOTION FOR ITEM FOUR A OKAY FIRST.
AND THEN I'LL MAKE A MOTION TO APPROVE ITEM FOUR A.
WE HAVE A MOTION BY DAN, A SECOND BY ASHLEY.
ALL IN FAVOR, PLEASE RAISE YOUR HANDS.
AND NOW I WILL HEAR A MOTION FOR ITEM 4B.
MAKE A MOTION TO APPROVE ITEM FOUR B AS READ.
BY AND APPROVED BY OR SUGGESTED BY THE STAFF.
I'LL SECOND. A MOTION BY DAN, SECOND BY ASHLEY.
ALL IN FAVOR, RAISE YOUR HANDS.
THAT SHOULD DO IT. THERE'S NO COMMUNITY INTEREST ITEMS, NO EXECUTIVE SESSION.
I'LL ADJOURN THE MEETING AT 4:18 P.M..
* This transcript was compiled from uncorrected Closed Captioning.