4.A. 654 SW Wilshire BLVD (Case 24-377): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “GR, General Retail”, to “GR, General Retail with a Specific Use Permit for a Liquor Store”. (Staff Contact: Lidon Pearce, Principal Planner)

[4.A. 654 SW Wilshire BLVD (Case 24-377): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “GR, General Retail”, to “GR, General Retail with a Specific Use Permit for a Liquor Store”. (Staff Contact: Lidon Pearce, Principal Planner)]

24-377. HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON A ZONING ORDINANCE CHANGE REQUEST FROM GR GENERAL RETAIL TO GR GENERAL RETAIL WITH A SPECIFIC USE PERMIT FOR A LIQUOR STORE.

STAFF PRESENTER IS PRINCIPAL PLANNER LIDON PEARCE.

ALL RIGHT. GOOD EVENING. THANK YOU CHAIR. GOOD EVENING COMMISSIONERS.

AS YOU MENTIONED, THIS IS A REQUEST FOR A SPECIFIC USE PERMIT FOR A LIQUOR STORE AT 654 SOUTHWEST WILSHIRE IN THE BURLESON PLAZA. YOU CAN KIND OF SEE THE EXACT LOCATION IN RED.

SO IN OUR COMPREHENSIVE PLAN, THIS IS DESIGNATED AS COMMUNITY COMMERCIAL, AND THE CURRENT ZONING IS GENERAL RETAIL.

SO CITY COUNCIL RECENTLY ADOPTED A STANDARDS THAT WERE KIND OF PROVIDED SOME SUPPLEMENTAL REGULATIONS RELATED TO WHERE THESE TYPE OF USES MAY BE APPROVED TO GO TO. SO YOU'LL SEE THOSE ON THE LEFT HAND SIDE AND THEN THE APPLICANTS KIND OF RESPONSE THERE.

SO THIS IS NOT LOCATED IN OUR OVERTOWN OVERLAY OR WITHIN OUR I-35 FRONTAGE.

THE BUILDING SIZE WOULD BE A MINIMUM OF 5,000FT².

SO THIS ONE IS APPROXIMATELY 8,700FT². SO IT DOES MEET THAT IT'S NOT ALLOWED WITHIN 01,000FT OF ANOTHER LIQUOR STORE, AS WE HAVE NO CURRENT LIQUOR STORES WITHIN THE CITY LIMITS.

IT DOES MEET THAT. IT CAN'T HAVE A WALK UP WINDOW AND IT SHALL NOT HAVE A DRIVE THROUGH OR DRIVE UP ACCESS.

THIS SITE WILL NOT HAVE EITHER OF THOSE. IT HAS TO HAVE AN INDEPENDENT ENTRANCE FOR DELIVERIES AND CUSTOMERS IS PARTITIONED.

SO IT DOES HAVE A FRONT ENTRY AND A REAR ENTRY.

SO IT MEETS THAT. THE WINDOWS HAVE TO BE EITHER POLYCARBONATE OR A PROTECTIVE FILM.

THE APPLICANT HAS SAID THAT THEY'RE GOING TO PUT A SHATTERPROOF FILM UPON THE CITY COUNCIL APPROVAL OF THE LOCATION.

AND THESE ARE THE TWO THINGS THAT THEY CAN'T MEET.

ONE IS TO PROVIDE ADDITIONAL LANDSCAPE BETWEEN THE FACADE AND THE PARKWAY, AND THE OTHER IS A 15 FOOT LANDSCAPE BUFFER.

BOTH OF THESE, IF YOU'VE BEEN TO THE SITE, I'M SURE MOST OF US HAVE WITH THE HOBBY LOBBY KIND OF BURLESON PLAZA.

IT'S CONCRETE. SO THAT'S WHY THEY'RE REQUESTING THAT.

REGARDLESS, EVEN IF THEY COULD MEET THOSE ITEMS, THIS STILL REQUIRES A SPECIFIC USE PERMIT TO BE CONSIDERED AND REVIEWED BY THIS BODY AND CITY COUNCIL. SO THIS IS THE LOCATION. SO IT'S THE OLD TUESDAY MORNING BUILDING.

HERE'S JUST A BASIC SITE PLAN OF THE SALES AREA AS YOU CAN KIND OF SEE ON THE RIGHT.

WE DID POST A SIGN AND PROVIDE PUBLIC HEARING NOTICES AND POSTED IN THE NEWSPAPER.

AT THIS TIME I HAVE RECEIVED NO FORMAL OPPOSITION IN THE FORM OF LETTERS OR CALLS OR EMAILS.

[00:05:04]

STAFF RECOMMENDATION IS APPROVAL OF THE ORDINANCE THAT COMPLIES.

WE DID RECOMMEND ONE ITEM THAT YOU WOULD SEE IN THE ORDINANCE IS THAT THE SALES WOULD ONLY APPLY TO THE UNIT ADDRESS AT 654 SOUTHWEST WILSHIRE. SO WITH ZONING, IT GOES BY THE WHOLE PARCEL.

SO OBVIOUSLY THERE'S SEVERAL BUSINESSES WITHIN THIS PARCEL.

SO THIS WOULD REGULATE IT TO JUST THE ONE. SO IT DOESN'T GROW IN SIZE WITHOUT HAVING TO COME BACK FORTH OR A PROLIFERATION OF ADDITIONAL UNITS BEING ENGULFED INTO IT. SO IT IS ONLY FOR THAT UNIT ADDRESSED.

I'M HERE IF YOU HAVE ANY QUESTIONS, I'LL DO MY BEST TO ANSWER THEM.

ALL RIGHT. THANKS, LIDON. I'LL OPEN THE PUBLIC HEARING AT 6:06 P.M..

I DO HAVE SOME SPEAKER CARDS HERE, JANIE WOLFE.

OKAY. IS THERE ANYONE ELSE FROM THE AUDIENCE THAT WOULD LIKE TO SPEAK ON THIS PARTICULAR ITEM? OKAY. THEN I'LL TURN IT OVER TO THE COMMISSION.

YOU SAID THAT THEY WOULD NOT BE ABLE TO SELL ANY OTHER PLACE BESIDES THIS LOCATION? YES. THAT'S CORRECT. SO IN THE ORDINANCE, WHAT WE'VE STAFF HAS RECOMMENDED THAT IT'S ONLY FOR THAT UNIT.

SO WITH ZONING YOU ZONE BY THE PARCEL THE METES AND BOUNDS OF THE PARCEL.

AND AS I MENTIONED THIS PARCEL CONTAINS MULTIPLE ADDRESSED UNITS.

SO INSTEAD OF APPLYING A SUP WOULD APPLY TO ALL OF THEM, WE'VE RESTRICTED IT TO JUST SAY JUST THIS, JUST TO BE MORE SPECIFIC SO THAT IT DOESN'T GROW.

THAT DOES MEAN THAT THEY'RE NOT ABLE TO GO OUT AND DO DELIVERIES TO ESTABLISHMENTS.

I MEAN, YEAH, IT HAS NOTHING TO DO WITH THE DISTRIBUTION OR ANYTHING AS FAR AS THEIR BUSINESS OPERATIONS.

IT'S JUST WHAT WE DIDN'T WANT TO HAPPEN IS LET'S SAY THEY BUY THE MARCOS PIZZA LOCATION AND ALL THE UNITS BETWEEN IT, AND THEN NEXT THING YOU KNOW, IT'S A SUPER MART.

THEY WOULD HAVE TO COME BACK AND RE REQUEST BASED OFF A REVISED SCOPE.

OKAY. THANK YOU. YES, SIR. YEAH. I HAD A COUPLE OF QUESTIONS, BASICALLY FOR STAFF.

THE DELIVERIES THROUGH THE BACK DOOR WHEN WE HAD THE JOINT MEETING WITH CITY COUNCIL, ONE THING I WAS WORRIED ABOUT WAS POTENTIAL FOR A RISK OF A ROBBERY OR SOMETHING LIKE THAT GOING THROUGH THE BACK DOOR, WHICH ANY BUSINESS WOULD BE.

BUT THAT LED ME TO OTHER QUESTIONS. IF THIS LIQUOR STORE IS TO DO DELIVERIES THEMSELVES, DO THEY HAVE TO USE THE BACK DOOR OR CAN THEY HAVE A CARRIER LIKE WHETHER IT BE GRUBHUB OR SOMEBODY ELSE SHOW UP TO MAKE A DELIVERY TO ONE OF THE BARS OR SOMETHING LIKE THAT? DO THEY HAVE TO GO THROUGH THE BACK DOOR? SO WHEREVER THE CUSTOMER, SO WHAT THAT MEANS ARE THE INTENT OF THAT IS THE CUSTOMER, WHETHER IT'S A SOMEONE WHO'S BUYING FOR RESTAURANTS OR SOMEONE WHO'S BUYING FOR PERSONAL USE, THAT WOULD OCCUR THROUGH THE FRONT DOOR. THE DELIVERIES IS AND I DON'T KNOW THE TECHNICAL TERM IF JACK DANIELS HAS A ONE OF LIKE THE LITTLE BUDWEISER VEHICLES AS THEY DELIVER THEIR STOCK TO PUT ON THE SHELVES THAT WOULD BE DELIVERED TO THE ESTABLISHMENT AT THE BACK DOOR FOR THEM TO PUT ON THEIR SHELVES.

ANY CUSTOMER WOULD BE THROUGH THE FRONT DOOR.

YEAH. SO AND I'M ASSUMING IT'S ONLY LIQUOR SALES BECAUSE IF THEY HAD A COURIER SHOW UP, LIKE WITH THE SECURITY THAT BRINGS THE MONEY OR SOMETHING LIKE THAT, I WOULDN'T EXPECT THEM TO GO THROUGH THE BACK DOOR. I EXPECT SOMETHING LIKE THAT WHERE THEY COULD JUST GO THROUGH THE FRONT, AND EVEN THOUGH IT'S A MONEY DELIVERY, I DON'T KNOW IF IT'S ALL DELIVERIES OR JUST LIQUOR.

IT'S THE DELIVERY OF THE PRODUCT THAT THEY'RE SELLING WOULD BE THE REAR ENTRY, NOT THROUGH THE CUSTOMER ENTRY FOR THE DELIVERY OF THE PRODUCT. NOT ANYTHING TO DO WITH THE WELLS FARGO TRUCKS OR IF SOMEBODY USED UBER TO GO AND BUY.

I DON'T I DON'T KNOW THE LEGALITY OF THAT TECHNICALLY, BUT CUSTOMER SALES WOULD HAPPEN THROUGH THE FRONT DOOR.

DELIVERIES OF PRODUCT WOULD HAPPEN IN PARTITIONED FROM ONE OF THE CUSTOMERS.

RIGHT, RIGHT. AND LIKE I SAID, WHEN WE HAD THE JOINT MEETING, MY MAIN CONCERN WAS KEEPING PEOPLE SAFE.

AND I KNOW THE BUSINESS OWNER HAS THAT IN MIND, HIS EMPLOYEES AND CUSTOMERS.

AND SO IT'S JUST SOMETHING THAT POPPED UP. I APPRECIATE YOU. YES, SIR.

MR. JANUSCH, JUST TO ADD A LITTLE MORE INFORMATION TO THAT, GRUBHUB OR ANY OF THE OTHER DELIVERY SERVICES WOULD USE THE MAIN DOORS AS LIDON SAID, AS A CUSTOMER. DELIVERY TO OTHER FACILITIES, OTHER OTHER BARS AND LOCATIONS, SUCH AS THAT WOULD REQUIRE THEM TO HAVE A SPECIFIC LICENSE FROM THE TEXAS ALCOHOLIC

[00:10:09]

BEVERAGE COMMISSION. SO THEY'D HAVE TO BE A DISTRIBUTOR, NOT JUST A RETAILER.

SO THE STORES THEMSELVES COULD HAVE THEIR OWN DELIVERY DRIVER TO DELIVER TO A BAR.

THEY COULD, IF THEY HAD THE PROPER LICENSE. AND OUR ORDINANCE DOESN'T DISTINGUISH BETWEEN THEIR TYPES OF LICENSING AS JUST THE RETAIL PORTION OF THE SALES. APPRECIATE YOU. YEAH, THEY STILL HAVE TO FOLLOW ANY STATE REGULATIONS, THIS IS JUST FOR THE USE OF THE LAND, SO. ALL RIGHT.

ANYBODY ELSE ON THE COMMISSION HAVE ANY COMMENTS? CHECK THE AUDIENCE ONE MORE TIME. NO. ALL RIGHT.

I'LL ENTERTAIN A MOTION IF SOMEBODY GOT ONE. OH, I'LL CLOSE THE PUBLIC HEARING AT 6:11.

MOTION TO APPROVE CASE NUMBER 24-377. AND I'LL SECOND.

ALL RIGHT. I HAVE A MOTION BY CLINT. SECOND BY BILL.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS. ALL NOT IN FAVOR.

ALL RIGHT. THAT MOTION PASSES 7 TO 1. ALL RIGHT.

[4.B. 601 SW Alsbury (Case 24-243): Hold a public hearing and consider and take possible action on a zoning ordinance change request from “SF7, Single-family district-7”, to “GR, General Retail”. (Staff Contact: Lidon Pearce, Principal Planner)]

MOVING ON TO ITEM 4 B 601, SOUTHWEST ALSBURY, CASE 24-243.

HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON A ZONING ORDINANCE CHANGE REQUEST FROM SF 7 SINGLE FAMILY DISTRICT-7 TO GR GENERAL RETAIL, STAFF PRESENTER IS LIDON PEARCE. ALL RIGHT.

GOOD EVENING AGAIN. SO STAFF RECEIVED A ZONING REQUEST APPLICATION FROM IMPACT FAMILY CHURCH REQUESTING TO REZONE THEIR PROPERTY FOR A BASE GENERAL RETAIL ZONING DISTRICT. WITH THAT, I WILL SAY THERE'S NO IDENTIFIED OR SPECIFIC USE AT THIS TIME, IT'S JUST ENTITLEMENT OF THE PROPERTY. SO ANY USE OR SPECIFIC USER THAT COMES IN AND WANTS TO DEVELOP NEXT TO THE CHURCH, THE CHURCH, MY UNDERSTANDING IS REMAINING, THEY'LL STILL HAVE TO GO THROUGH NORMAL PROCESSES WITH THE CITY AS FAR AS SCREENING, BUFFERING, LANDSCAPING, SITE PLANS, ENGINEERING.

THIS IS JUST BASE ENTITLEMENT. WE DO NOT HAVE ANY SPECIFIED IDEAS OF THE USE AT THIS TIME.

THE COMPREHENSIVE PLAN DOES IDENTIFY THIS CORRIDOR AS COMMUNITY COMMERCIAL AND IS CURRENTLY ZONED SINGLE FAMILY DWELLING SEVEN FOR WHERE THE CHURCH CURRENTLY IS. SO THESE ARE JUST A FEW OF THE ALLOWED BY RIGHT IN GENERAL RETAIL.

THAT DOESN'T MEAN THAT THESE USES WOULD GO THERE.

THESE ARE JUST SOME OF THE USES THAT OUR CODE CALLS OUT AS YOU SEE ON YOUR SCREEN.

SOME OF THIS IS GOING TO BE LIMITED BY THE SIZE OF THE LOT AND THE ENGINEERING THAT WOULD OCCUR.

THEY'D ALSO HAVE TO, AS I MENTIONED, MEET ALL OUR REGULATIONS RELATED TO SETBACKS, SCREENING, LANDSCAPING, NOISE, LIGHT ORDINANCES, ALL OF THOSE WOULD STILL HAVE TO BE MET.

SO ZONING IS JUST THE ENTITLEMENT, IT DOES NOT GUARANTEE OR PROMISE THAT ANY OF THESE USES CAN OR WILL ULTIMATELY OCCUR.

SO THIS IS THE CHURCH THAT'S CURRENTLY THERE, AND FROM MY UNDERSTANDING, THEY'RE LOOKING TO SELL OFF SOME OF THEIR LAND.

AND THIS IS TO DO THAT FOR THAT PURPOSE. WE PUT A PROPERTY NOTICE ON THE SIGN ON THE PROPERTY, AND WE SENT OUT LETTERS AND WE ALSO PUBLISHED IN THE NEWSPAPER.

I'VE HAD ONE INQUIRY JUST ASKING WHAT IS GOING THERE.

TOLD THEM, WE STAFF DOESN'T KNOW. IT'S JUST BASE ZONING REQUEST.

SO AT THIS TIME, THAT IS ALL I HAVE ON THIS ONE.

I CAN ANSWER ANY QUESTIONS ABOUT THE SITE OR THE LOCATION TO THE BEST OF MY ABILITY, AND IF THERE'S ANYONE IN THE AUDIENCE IS HERE BECAUSE THEY'RE JUST CURIOUS ABOUT WHAT WOULD GO THERE OR WOULDN'T GO THERE, I'M MORE THAN HAPPY TO GIVE THEM STAFF'S CONTACT AFTER THE MEETING, AND THEY CAN PERIODICALLY CHECK WITH ME. AND WHEN WE KNOW OR HAVE AN APPLICATION FOR A SPECIFIC USE, MORE THAN HAPPY TO SHARE THAT. ALL RIGHT. THANKS LIDON.

I'LL OPEN THE PUBLIC HEARING AT 6:15 P.M.. AS FAR AS SPEAKER CARDS GO, BOBBY HUMPHREYS.

NAME AND ADDRESS, FOR THE RECORD. BOBBY HUMPHREYS, I RESIDE AT 564 TANGLEWOOD, WHICH HAPPENS TO BE THE HOME JUST BEHIND IMPACT CHURCH. I'M SPEAKING AGAINST THE CHANGE.

WHEN WE MOVED IN 20, WHEN WE PURCHASED 20 YEARS AGO, WE WERE REASSURED THAT THERE'D BE A CHURCH OR A RESIDENTIAL AT THE TIME.

THE OTHER CONCERNS ARE IF IT'S DEVELOPED AS COMMERCIAL, YOUR ENTRANCE AND EXITS OFF ALSBURY WILL BE JUST AS BAD OR WORSE AS WHAT IT WAS OFF

[00:15:02]

WILSHIRE BEFORE THE MEDIAN WAS PUT IN. ENTERING AND EXITING IN THE LEFT HAND TURNS.

I APPRECIATE IT. ALL RIGHT. THANK YOU, MR. HUMPHREYS.

JANIE WOLFE. I RESIDE AT 562 TANGLEWOOD DRIVE, I'M DIRECTLY BEHIND IMPACT CHURCH. I STRONGLY OPPOSE CHAINING, CHANGING THE ZONE.

WHEN I BOUGHT THE HOUSE, THERE WAS A CHURCH BEHIND ME.

NOW THEY CAN'T EVEN TELL ME WHAT WILL BE BACK THERE.

BUT I DO SEE GAS AND FUEL UP THERE. I'M STRONGLY OPPOSED TO ANY GAS STATIONS.

I BELIEVE THIS IS GOING TO INCREASE CRIME IN MY NEIGHBORHOOD.

DIRECTLY BEHIND MY HOME IT WILL INCREASE CRIME FOR SURE.

AND IT IS GOING TO DEVALUE MY HOME. SO I UNDERSTAND THAT MAYBE SOME OF YOU DON'T CARE ABOUT THAT, BUT IT MATTERS TO ME AS A 73 YEAR OLD WOMAN WHO INTENDED TO RETIRE THERE AND NOW IS WONDERING IF I CAN EVEN SAFELY DWELL IN MY HOME.

THANK YOU. ALL RIGHT. THANK YOU. MRS. SHIRLIE CHILDERS.

HI, I'M SHIRLEY CHILDERS. I LIVE AT 575 TANGLEWOOD DRIVE, BEHIND THE WALL OR BEHIND THE CHURCH.

I CALLED AND TALKED TO THE CITY PLANNER, WHOEVER HE IS, THE OTHER DAY, AND HE SAID THERE WAS NO WAY THAT A GAS STATION WOULD EVER GO THERE, BUT IT WAS ON THE LIST. IS THERE ANY WAY WE CAN GET A COPY OF THE LIST OF WHAT MIGHT GO THERE? SO ALL THOSE USES ARE IN OUR ZONING ORDINANCE, WHICH IS AVAILABLE ONLINE.

OKAY. THE OTHER THING IS THE ONLY WAY THAT ANYBODY ON TANGLEWOOD DRIVE IN OUR WHOLE ADDITION, BECAUSE WE WILL GO HOUSE I. I'M A MEMBER OF VOLUNTEER FOR THE CITY OF BURLESON AND I WILL GO HOUSE TO HOUSE EVERYBODY ON TANGLEWOOD DRIVE AND ACROSS THE STREET IN SIERRA VISTA ADDITION AND GET A GET SIGNATURES ON IT.

WE WANT A RETAINING WALL GUARANTEED BEFORE ANYBODY DOES ANYTHING WITH THAT PROPERTY, 8 TO 10FT IN THE BACK OF THEIR FENCES TO PROTECT ALL THE TRASH AND THE DELIVERY TRUCKS GOING IN AND OUT, ESPECIALLY IF IT'S A BAKERY 2, 3 OR 4:00 IN THE MORNING BEHIND THEIR FENCE.

BECAUSE THAT'S NOT RIGHT. THAT'S NOT THAT'S NO WAY TO LIVE.

WE ALREADY HAVE NEIGHBORS TALKING ABOUT MOVING DEPENDING ON WHAT GETS BUILT THERE.

AND THAT'S THAT'S WRONG. AND I CAN'T UNDERSTAND THAT THIS HAS NOTHING TO DO WITH THIS.

BUT YOU WOULDN'T LET SPEC'S LIQUOR STORE INTO BURLESON, BUT YET NOW YOU'RE OPENING IT UP TO SOMEBODY ELSE FOR TUESDAY MORNING.

THAT DOESN'T MAKE SENSE. WHY YOU WOULDN'T LET SPECS IN, BUT YET YOU'RE BRINGING SOMEBODY ELSE IN.

THAT DOESN'T SAY ANYTHING GOOD FOR BURLESON, BECAUSE EVERYBODY'S TALKING ABOUT IT RIGHT NOW. AND OTHER THAN THAT, THAT'S ALL I HAVE ON MY LIST. BUT EVERYBODY ON OUR STREETS ARE VERY DISGRUNTLED AT THIS TIME.

OKAY. THANK YOU, MRS. CHILDERS. IS THERE ANYONE ELSE FROM THE AUDIENCE THAT WOULD LIKE TO SPEAK? THAT'S ALL THE SPEAKER CARDS I HAVE. NO, I'LL TURN IT OVER TO THE COMMISSION.

ALL RIGHT. THERE'S NO COMMENTS THIS HAS BEEN SINGLE FAMILY FOR, I GUESS, A LONG TIME.

OR DOES ANYBODY HAVE ANY CLUE HOW LONG THAT'S BEEN THERE? I COULDN'T I WOULDN'T WANT TO TELL YOU SOMETHING THAT'S FALSE.

I DON'T HAVE THAT INFORMATION. I CAN TELL YOU THAT THE 2010 COMPREHENSIVE PLAN DESIGNATED, YOU KNOW, COMMUNITY COMMERCIAL FOR THAT AREA.

SO IT HAS BEEN EVALUATED, YOU KNOW, AND VETTED, YOU KNOW, LONG BEFORE MY TENURE HERE FOR THAT DESIGNATION IN THE COMPREHENSIVE PLAN.

A LOT OF THE PROPERTIES WHEN THE CHURCH WENT IN, MY MY GUESS IS IT WAS ZONED SINGLE FAMILY TO ALLOW THE CHURCH TO GO IN THERE.

JUST BASED OFF KIND OF HOW SOME OF OUR OLDER ORDINANCES WERE WRITTEN AND THEY JUST ALLOWED USES AND WHAT DISTRICTS THAT WOULD BE MY ASSUMPTION, BUT I DON'T HAVE THAT DATA... IS WHY HOMES HAVE NEVER BEEN BUILT IN THAT IN THAT PIECE OF PROPERTY.

YEAH. IF YOU LOOK AT THE PROPERTY, I MEAN, JUST SPECULATION, BUT IF YOU KIND OF CAN SEE IF YOU DRIVE OUT THERE, THIS IS PROBABLY NOT VERY DEVELOPABLE BASED OFF KIND OF THE TOPOGRAPHY.

SO YOU KNOW, AS I MENTIONED, IF THE ZONING WAS APPROVED IN ACCORDANCE WITH THE COMP PLAN, ANYTHING THAT WENT HERE WOULD STILL HAVE TO MEET ALL THE ENGINEERING.

IT'D HAVE TO MEET ALL THE SETBACKS, ALL THE LANDSCAPING. SO WHILE OUR ZONING CODE HAS A ALLOWABLE USES, THAT DOESN'T MEAN THAT THAT USE IS ALWAYS GOING TO GO THERE.

[00:20:01]

IT MAY SAY A BASEBALL FIELD, BUT IF A BASEBALL FIELD CAN'T FIT ON THE SIZE OF THE PROPERTY OR MEET THE SETBACKS IN THE PARKING, IT WON'T BE ABLE TO GO THERE. SO UNFORTUNATELY, THE WAY ZONING CODES ARE, YOU KNOW, WE DON'T HAVE A SPECIFIC ZONING DISTRICT FOR ONE USE AT A TIME, SO. BUT I DON'T HAVE THE DATE FOR WHEN IT WAS REZONED.

I DO KNOW THE COMP PLAN WAS ADOPTED IN 2010 AND THEN A MIDPOINT UPDATE IN 2020, AND THIS IS WHAT IT'S DESIGNATED AS.

I IMAGINE YOU SEE IT. THIS WAS ZONED GENERAL RETAIL RIGHT HERE.

I IMAGINE THAT THAT'S KIND OF THE ENVISION FOR HOW THE PROPERTY DEVELOPMENT WOULD CONTINUE TO OCCUR ALONG ALSBURY.

BUT AGAIN, UNTIL WE ACTUALLY RECEIVE AN APPLICATION, WE WON'T KNOW.

WHEN WHEN DID THIS OTHER GET ZONED AS GENERAL RETAIL? DO YOU KNOW? THE. SO I WILL JUST BE HONEST WITH YOU IN PREPARING THIS ONE.

I DON'T HAVE THAT DATA ON ME. THOSE BUSINESSES HAVE BEEN THERE FOR A NUMBER OF YEARS.

PROBABLY SOMETIME AFTER THE COMP PLAN WAS ADOPTED, I WOULD IMAGINE.

CAN I ASK? I DON'T FULLY REMEMBER, BUT MEMORY SERVES PART OF OUR SORT OF GENERAL REQUIREMENTS FOR DEVELOPMENT THERE WAS SORT OF A CONCRETE WALL. AM I REMEMBERING THAT CORRECTLY? SO ANY DEVELOPMENT THAT GOES IN THERE, THEY'LL HAVE TO DO SCREENING.

SO MASONRY WALL WOULD BE REQUIRED BETWEEN THE USE OF RETAIL USE AND THE RESIDENTIAL NO MATTER WHICH ONE IT WAS.

SO IF A RETAINING WALL DURING ENGINEERING STUDIES WAS REQUIRED, THEN THEY WOULD HAVE TO DO THAT.

SO JUST BECAUSE SOMETHING IS ENTITLED DOESN'T MEAN IT CAN EVER.

I'VE SEEN PROPERTY REZONED AND NEVER DEVELOPED BECAUSE THE ENGINEERING DOESN'T WORK.

THEY'LL HAVE TO PROVIDE TRAFFIC IMPACT ANALYSIS AND ALL THOSE STUDIES WHENEVER THEY IN A COMMERCIAL SITE PLAN.

THEY WOULD HAVE TO MEET SITE. VISIBILITY TRIANGLES FOR SAFETY.

SO SOMETIMES LAND IS ENTITLED SO THAT THE APPLICANT CAN GET FUNDING TO PURCHASE THE PROPERTY.

YOU KNOW, THE CHURCH IS OBVIOUSLY TRYING TO GET FUNDS BY SELLING SOME OF THEIR PROPERTY.

SO SOMETIMES THAT'S A REQUIREMENT OF THEIR FINANCING IS TO GET ZONING.

IT DOESN'T NECESSARILY GUARANTEE THAT THE PROJECT CAN HAPPEN.

YOU KNOW, IN RESPONSE TO LIKE THINGS LIKE A GAS STATION, CONVENIENCE STORES, WE HAVE ADDITIONAL SETBACKS, WHICH WOULD MAKE THIS SITE CHALLENGING TO DO THAT.

SO MORE THAN LIKELY NOT A USE THAT WOULD PROBABLY BE ABLE TO PHYSICALLY OCCUR THERE, BUT I CAN'T SAY NEVER.

SOMEBODY I GUESS COULD PROPOSE A ONE PUMP GAS STATION MEETING THE SETBACK WITH A TINY BUILDING, BUT IT MIGHT NOT BE THE MOST PROFITABLE FOR THEM.

BUT YES, TO ANSWER YOUR QUESTION, [INAUDIBLE] THEY WOULD HAVE TO DO SCREENING BUFFERING.

THEY WOULDN'T BE ALLOWED TO HAVE ANY WHEN THEY DO SITE PLANS.

WE DO LOOK AT HOW THE LIGHTING IS, SO YOU'RE NOT GOING TO HAVE LIGHT FLOOD ONTO ADJACENT PROPERTY.

IT CAN'T DO THAT. YOU STILL HAVE NOISE ORDINANCES.

YOU STILL HAVE ALL THESE OTHER ORDINANCES THAT ARE THIS DOESN'T SUBVERT ANY OF THOSE ORDINANCES. THE SAME THING WITH A CHURCH. IF THE CHURCH SAYS, HEY, WE WANT TO HAVE A 24 -7 SOFTBALL FIELD WITH THESE GIANT 80 FOOT SPOTLIGHTS, THEY WOULDN'T JUST NECESSARILY BE ALLOWED TO DO THAT.

YOU KNOW, THEY'D HAVE TO MEET CITY ORDINANCES. SO TO PROTECT ADJACENT PROPERTIES.

AND AS WELL AS THE PROPERTY OWNER FOR MAINTAINING AND GETTING VALUE FOR THEIR PROPERTY.

SO JUST FOR CLARIFICATION, THE THE RETAINING WALL IS, IS ALREADY ON PAPER THAT IT'S GOING TO BE DONE OR IS THAT SOMETHING....

THAT WAS JUST A THAT WAS A COMMENT FROM THE PUBLIC.

WE'VE YEAH I DON'T HAVE ANY. THEY'LL HAVE TO DO A SCREENING WALL.

IF THE SITE WHEN THEY GO TO DEVELOP IT, IF THE TOPOGRAPHY AND THE GRADE WHEN ALL THE PIECES, YOU KNOW MUCH MORE PEOPLE WITH ENGINEERING DEGREES SAY IT NEEDS A RETAINING WALL, THEN THEY WOULD HAVE TO PUT A RETAINING WALL AND THEY WOULDN'T, THEY WOULD HAVE NO CHOICE IN THAT. I DON'T KNOW THAT THAT'S REQUIRED, BUT I CAN TELL YOU THAT SCREENING WILL BE REQUIRED, WHICH WOULD BE GENERALLY A 6 OR 8 FOOT MASONRY WALL.

THEY WOULD GENERALLY PROBABLY HAVE SOME LANDSCAPING THERE WOULD BE ASSOCIATED WITH THAT AS WELL.

I BELIEVE SHE HAS ANOTHER QUESTION. YEAH. MRS. CHILDERS, YOU'RE MORE THAN WELCOME TO COME BACK UP. SOMETHING I FORGOT TO SAY THAT HE WAS JUST TALKING ABOUT.

HERE'S THE PROBLEM. ANYBODY WHO HAS RESIDENTIAL AREA AND HAS BUILDINGS IN FRONT OF THEM OR BUSINESSES, ALL THE TRASH, EVERYTHING GOES INTO THE BACK AGAINST THE FENCE AND EVERYTHING ELSE OR OVER THE FENCE.

THAT'S WHY WE NEED THE RETAINING WALL AT LEAST 8 TO 10FT TALL, TALLER THAN WHAT THEY'VE GOT NOW BECAUSE OF ALL THE TRASH AND EVERYTHING ELSE, PLUS THE NOISE FROM ALSBURY AND THE CARS AND TRUCKS GOING IN AND OUT.

WE'VE ALREADY GOT NEIGHBORS TALKING ABOUT MOVING, SELLING BECAUSE OF THIS.

SO RETAINING WALL IS THE ENGINEERED WALL FOR EROSION OF TOPOGRAPHY.

SO I THINK IT MAY JUST BE A TERMINOLOGY. I THINK I THINK IT MAY BE A TERMINOLOGY DIFFERENCE.

I'M TRYING TO ANSWER YOUR QUESTION, MA'AM. A LANDSCAPING SCREENING WALL IS DIFFERENT THAN A RETAINING WALL.

[00:25:07]

RETAINING WALL WILL KEEP THE EARTH THE FILTH.

THAT'S WHAT I'M TALKING ABOUT IS A SCREENING WALL. SO IT'S A IT'S A LARGE WALL, A SCREENING WALL.

THERE'S A DIFFERENCE BETWEEN A SCREENING WALL AND A RETAINING WALL, A RETAINING WALL. IS A WALL REQUIRED BY ENGINEERING TO KEEP THE EARTH FROM MOVING.

A SCREENING WALL IS A MASONRY WALL THAT'S MORE DECORATIVE TO TO BUFFER AND KEEP THOSE THINGS.

AS FAR AS NOISE GOES FROM THE ROAD, GENERALLY SPEAKING, A BUILDING AND A SCREENING WALL IS GOING TO BUFFER NOISE AS OPPOSED TO NOTHING.

SO YOU WILL HAVE SOME SHIELD THAT YOU DON'T CURRENTLY HAVE.

SO I WOULD IMAGINE TRAFFIC NOISE FROM ALSBURY JUST COMMUTER WOULD ACTUALLY DECREASE.

TO DRILL DOWN JUST A LITTLE FURTHER. STAFF IS LIMITED ON WHAT WE CAN REQUIRE BY THE ORDINANCE.

THE ORDINANCE STATES AN 8FT FOOT MASONRY WALL IS REQUIRED FOR SCREENING.

THAT IS ALL WE CAN REQUIRE THE DEVELOPER TO DEVELOP AT THAT TIME.

IF THEY NEGOTIATE WITH THE NEIGHBORHOOD ON SOMETHING TALLER, THEY CAN PRESENT THAT.

BUT THE STAFF CAN ONLY ENFORCE WHAT THE ORDINANCE REQUIRES AND THAT'S AN 8F T MASONRY WALL ALONG THE PERIMETER OF THE PROPERTY THAT ABUTS A RESIDENTIAL PROPERTY. IF THERE IS A RETAINING WALL, NORMALLY THOSE ARE, AS LIDON MENTIONED, ELEVATION CHANGES ONE ONE SIDE OF THE WALL WILL BE HIGHER IN ELEVATION THAN THE OTHER SIDE OF THE RETAINING WALL.

IT IS NOT JUST AN ADDITIONAL HEIGHT TO A SCREENING FENCE.

A RETAINING WALL IN THEORY, WOULD PROVIDE NO VISIBLE SCREENING, IT JUST HOLDS EARTH.

SO HERE'S STREET LEVEL, HERE'S EARTH, SAY 3 FEET RETAINING WALL WOULD BE 3 FEET IN HEIGHT, AND THERE WOULD BE NO WALL ON THIS SIDE WHICH WOULD NOT PROVIDE YOU ANY SCREENING.

SO THAT'S WHY I'M JUST USING THE TECHNICAL TERM.

A SCREENING WALL IS WHAT WE'RE TALKING ABOUT, WHICH IS 8 FEET FROM GRADE UP, WHICH DOES PROVIDE YOU BUFFER.

RETAINING WALL IS GOING TO BE FLAT WITH THE EARTH.

IT'S JUST HOLDING THE EARTH FROM ERODING FORWARD.

SO WHAT YOU ACTUALLY WANT IS A SCREENING WALL, NOT A RETAINING WALL.

SOMETHING BETWEEN THEM. YES, THEY WOULD BE REQUIRED TO PUT IN A MASONRY MASONRY SCREENING WALL.

I JUST WANT TO, ON THE PUBLIC RECORD, MAKE SURE I'M I'M BEING AS TECHNICAL AND AS ACCURATE AS POSSIBLE.

NO I JUST WANT TO MAKE SURE I JUST WANT TO MAKE SURE YOUR YOUR VOICE IS HEARD IS ALL.

WELL, I WANT MY VOICE HEARD BECAUSE I HAVE LIVED HERE FOR 50 YEARS AND NOT IN THIS PARTICULAR HOUSE, BUT I HAVE LIVED IN BURLESON FOR OVER 50 YEARS.

AND I'M VERY DISTURBED BECAUSE I KNOW WHEN YOU PUT IN RETAIL THERE IS A PROBLEM WITH CRIME, WITH BURGLARY. I KNOW THAT THEIR WASTE CONTAINERS ARE GOING TO BE AT MY BACK YARD BECAUSE THEY'RE NOT THEY'RE GOING TO NEED THE FRONT FOR PARKING. NEVER MIND THE ADDITIONAL CONGESTION AND TRAFFIC BUT IT DEEPLY CONCERNS ME BECAUSE I LITERALLY AM AT THE BACK DOOR OF IMPACT CHURCH, AND THIS IS GOING TO DEVALUE MY PROPERTY.

I'M RETIRED. I LIVE ON A FIXED INCOME. MAYBE THAT DOESN'T MATTER TO YOU, BUT I MAY BE FORCED TO MOVE AND THAT'S GOING TO BE A GREAT IMPACT TO MY BUDGET, TO MY HEALTH, AND I DON'T I JUST DON'T UNDERSTAND WHY THIS HAS TO HAPPEN WHEN THERE IS SO MUCH OTHER PROPERTY IN BURLESON. YES, MA'AM. THE CHURCH HAS REQUESTED THE ZONING REQUEST.

IT'S NOT CITY STAFF INITIATED. SO JUST JUST TO CLARIFY, THE PROPERTY OWNER HAS REQUESTED THIS.

SIR, IF YOU WOULD LIKE TO SPEAK, YOU NEED TO COME TO THE MICROPHONE.

DISCUSSION OF THE RETAINING WALL BRINGS TO MIND THE ENGINEERING STUDIES.

OBVIOUSLY, I HAVEN'T SEEN. THEY HAVEN'T. WATER FLOW ACROSS.

AS IT STANDS NOW, THE WAY IT IS GRADED, WE'RE ON THE DOWNHILL SIDE OF IT THE WATER COMES ACROSS JANIE'S PROPERTY, FLOWS ACROSS MY BACKYARD IN BETWEEN MY HOUSE AND 566, 3 TO 4IN DEEP AS IT STANDS NOW.

FURTHER PAVING AND GRADIENT. I'M SURE THE ENGINEERING STUDIES WILL BE THERE, BUT.

YES, SIR. SO THEY'RE NOT ALLOWED TO INCREASE RUNOFF ONTO ADJACENT PROPERTIES.

SO IF ANYTHING, IN THEORY WHEN THEY GO TO DEVELOP THE SITE.

AND THIS IS WHY I KEEP KIND OF SAYING JUST BECAUSE THEY GET ZONING DOESN'T MEAN THEY CAN EVER DEVELOP IT. SO IF SOMEBODY REZONES AND THEN PURCHASES A PROPERTY AND THEY GO AND THEY

[00:30:03]

START DOING THEIR ENGINEERING STUDIES AND THEIR DUE DILIGENCE, AND THEN OUR ENGINEERS AND THIRD PARTIES LOOK AT IT AND SAY, YOU'RE GOING TO INCREASE RUNOFF, THEY'LL HAVE TO MITIGATE THAT, WHICH HAS A COUPLE EFFECTS.

ONE, IN THEORY, IT SHOULD IMPROVE THE CONDITION ON YOUR PROPERTY.

THEY'RE NOT ALLOWED TO DETERIORATE THE CONDITION ON YOUR PROPERTY. SO THAT COULD CORRECT YOUR PROBLEM POTENTIALLY.

OR THEY MAY FIND WE DON'T HAVE ENOUGH LAND TO FIX THAT PROBLEM, SO WE CAN'T DEVELOP IT.

AND SO IT JUST DOESN'T GET DEVELOPED. SO THE ENTITLEMENT SHOULD COUNCIL IF COUNCIL DOES APPROVE THE ZONING, THE ENTITLEMENT DOES NOT GUARANTEE THAT ANYONE CAN ACTUALLY DEVELOP IT.

THEY STILL HAVE TO MEET ALL OF OUR ENGINEERING STANDARDS AND ALL OF OUR DEVELOPMENT STANDARDS.

THIS IS PURELY AN ENTITLEMENT PHASE. AS I MENTIONED, I'VE SEEN MULTIPLE PROPERTIES ZONED AND THEY NEVER GOT DEVELOPED.

I'LL BE HONEST WITH YOU, THIS PROPERTY RIGHT HERE ON THE CORNER IS ALREADY ZONED FOR A TYPE OF RETAIL, AND IT HAS BEEN FOR MANY YEARS. IT JUST HASN'T BEEN DEVELOPED BECAUSE AS YOU COULD PROBABLY IMAGINE, THE ENGINEERING DOESN'T SUPPORT IT SO THE CHURCH ISN'T PLANNING TO MOVE, THE CHURCH IS STILL GOING TO STAY THERE.

IT'S MOSTLY THIS PROPERTY DOWN HERE. SO THIS IS JUST ENTITLEMENT FOR THE PROPERTY OWNERS REQUESTED.

AND THEY HAVE THEY'RE LOOKING AT IT, BUT WE DON'T HAVE ANY USE.

BUT IF IT CAN'T, IF THEY CAN'T MAKE IT WORK, DRAINAGE WISE, TRAFFIC WISE, SITE WISE, SETBACKS, SCREENING, IT WON'T HAPPEN. SO STAFF HAS ALL THOSE STANDARDS AND WE'RE RULE FOLLOWERS.

IF THEY CAN'T MEET THE RULES, I DON'T HAVE THE AUTHORITY TO ALLOW THEM TO DO THAT.

THEY'D HAVE TO ESSENTIALLY GO TO COUNCIL YES, SIR. AT LEAST THREE OTHER AREAS ALONG THERE WHERE THE WATER DOES FLOW.

I MEAN, THERE'S A MAILBOX ABOUT FOUR HOUSES DOWN, YOU STAND ANKLE DEEP IF YOU'RE GOING TO YOUR MAILBOX.

THE GRADIENT ACROSS THERE . IN DEVELOPMENT, WE WOULD NOT ALLOW THEM THEIR STANDARDS.

THEY HAVE TO PROVE THAT THEY'RE NOT GOING TO INCREASE RUNOFF TO ADJACENT PROPERTIES.

SO THE CONDITION IN THEORY SHOULD NOT GET ANY WORSE.

NOW THAT YOU KNOW ACTS OF GOD, YOU KNOW, FLOOD EVENTS, THAT'S A DIFFERENT STORY.

BUT YOUR ENGINEERING WISE, WHEN THEY DO THE STUDIES AND THEY DO ALL THE MODELS, IF THIS EVER GETS DEVELOPED, IT CAN'T INCREASE ONTO YOUR PROPERTY. I MEAN, WE DON'T WANT WE DON'T WANT TO CAUSE HARDSHIPS.

YOU KNOW, STAFF, WE DON'T HAVE A CHOICE WHEN SOMEBODY BRINGS A REQUEST.

YOU KNOW, I IT IS MY CHARGE FROM COUNCIL TO BRING THAT FORWARD.

THE PROPERTY OWNER HAS RIGHTS AS WELL AS YOU KNOW, THAT'S WHY WE NOTICE ADJACENT.

BUT, YOU KNOW, WE'LL HAVE THOSE STANDARDS IN PLACE TO TO DO THAT.

IF THEY CAN'T MAKE IT WORK, THEY COULD BE REZONED JUST LIKE THAT PROPERTY TO THE NORTH OF IT IS.

IT MAY JUST NEVER BE DEVELOPED. OR THEY MAY HAVE TO, YOU KNOW, DO A SMALLER SCALE.

YES, SIR. YOU KNOW, AND JUST TO SUMMARIZE REAL QUICK THIS IS JUST A ZONING JUST ON THE PROPERTY ITSELF, AND IF SOMETHING WAS INTENDED OR POSSIBLY AN IDEA TO BE BUILT THE CITIZENS WOULD HAVE SEVERAL MORE CHANCES TO COME BEFORE EITHER THIS BODY OR CITY COUNCIL. SO WE, THE CITY, WILL FOLLOW THE STATE LAWS AND OUR ORDINANCES AS FAR AS WHAT WE'RE ALLOWED TO NOTICE FOR AND WHAT WE'RE ALLOWED NOT TO NOTICE FOR.

SO I KIND OF MENTIONED I WILL GIVE EVERYBODY IN HERE MY, MY CARD AND THEY CAN CONTACT THE DEPARTMENT AND JUST GET UPDATES.

AND AS SOON AS WE HAVE AN APPLICATION OR SOMETHING INFORMATION, I'M HAPPY TO PASS IT ALONG.

IT MAY BE FIVE, TEN YEARS FROM NOW. I MAY BE ONTO MY THIRD CAREER, YOU KNOW, BY THEN.

BUT YOU KNOW, WE'RE NOT TRYING TO HIDE OR PULL ANYTHING OVER ANYBODY.

YOU KNOW, WE'LL BE AS TRANSPARENT AS WE POSSIBLY CAN.

YEAH. AND I'VE ALWAYS FOUND THE CITY WORKED REAL WELL WITH THE CITIZENS. I KNOW THAT WE.

MY PARENTS MOVED HERE. I WAS FIVE YEARS OLD IN 1967, THERE WAS MAYBE 3,200 PEOPLE HERE.

SO I'VE SEEN A TON OF GROWTH HERE. I MEAN, THE POPULATION IS GETTING, YOU KNOW, CHEWED UP WITH, YOU KNOW, CEMENT AND STUFF. FLOOD WATERS. THAT'S ONE THING THAT I ARGUE BEFORE CITY COUNCIL QUITE A BIT ABOUT.

THEY'RE REAL GOOD ABOUT MAKING SURE THAT STUFF LIKE THAT DOESN'T HAPPEN.

THEY DO HAVE, YOU KNOW, EYES AND PUT FEET ON THE GROUND TO MAKE SURE THAT STUFF DOESN'T HAPPEN.

ALL RIGHT. DID ANYONE ELSE FROM THE AUDIENCE HAVE ANY COMMENTS? ALL RIGHT. ANYONE FROM THE COMMISSION? ALL RIGHT.

I'LL CLOSE THE PUBLIC HEARING AT 6:35 AND ASK FOR A MOTION.

I MOTION TO APPROVE THE CHANGE FROM SF7 SINGLE FAMILY DISTRICT -7 TO GENERAL GR GENERAL RETAIL CASE NUMBER 24-243. I'LL SECOND.

[00:35:02]

ALL RIGHT. I HAVE A MOTION BY DAN. A SECOND BY MICHAEL.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS. ALL RIGHT.

THAT MOTION PASSES UNANIMOUSLY. ALL RIGHT. MOVING ON TO ITEM 4

[4.C. 3225 S Burleson BLVD (Case 25-016): Hold a public hearing and consider and take possible action on a zoning ordinance change request from defaulted “A, Agricultural” to “C, Commercial. (Staff Contact: Lidon Pearce, Principal Planner)]

C 3225 SOUTH BURLESON BOULEVARD CASE 25-016. HOLD A PUBLIC HEARING AND CONSIDER AND TAKE POSSIBLE ACTION ON A ZONING ORDINANCE CHANGE REQUEST FROM DEFAULTED AGRICULTURAL TO C COMMERCIAL.

STAFF PRESENTER IS LIDON PEARCE. ALL RIGHT. GOOD EVENING COMMISSION.

THIS IS A ZONING CHANGE REQUEST FOR THE PROPERTY HIGHLIGHTED IN BLUE ON YOUR SCREEN.

THE APPLICANT IS THE STEVEN EVERITT, THE EXECUTOR OF THE ESTATE.

THEY ARE REQUESTING A C COMMERCIAL BASED ZONING.

SO THIS AREA IS DESIGNATED AS REGIONAL OFFICE AND COMMERCIAL IN THE COMPREHENSIVE PLAN AND IT HAS A DEFAULTED ZONING OF A AGRICULTURE.

SO WHAT THAT MEANS IS THE PROPERTY WHEN IT WAS ANNEXED WAS BROUGHT IN AS AG, AND IT HAS YET TO HAVE A ZONING OTHER THAN THAT DEFAULTED AG ASSIGNED TO IT. SO THIS AND I APOLOGIZE IT'S KIND OF SMALL IN YOUR PACKET, BUT THIS IS THE I-35 OVERLAY.

SO THESE ARE USES THAT ARE ALREADY ALLOWED OR BY RIGHT OR SUP BASED OFF WHERE IT'S AT IN THE OVERLAY.

SO SOME OF THESE USES COULD ALREADY OCCUR EVEN WITHOUT THE ZONING CHANGE.

BUT GENERALLY AS I KIND OF MENTIONED LAST CASE, A LOT OF TIMES FOR FINANCING OR FOR THEIR PROPERTY THEY NEED TO GET A BASE ZONING IN LINE.

SO THE BASE ZONING WILL NOT OVERRIDE NECESSARILY THE OVERLAY IF IT'S ALLOWED BY RIGHT IN THE OVERLAY, BUT NOT NECESSARILY IN THE BASE ZONING, THEY CAN STILL DO THAT.

SO IT'S NOT TAKING AWAY ANY ADDITIONAL USES THAT ARE ALREADY THERE.