Again, good evening, ladies and gentlemen.

Again, my name is Dr.

Ignacio Nunez, and I serve as chair of the Planning and Zoning Commission for the City of Arlington.

I hereby call this regularly noticed meeting of the City of Arlington's Planning and Zoning Commission regular session to order for February the 4th, 2026.

This time I'll ask our administrators to read the speaker guidelines and general decorum for tonight's meeting.

We ask that the citizens and other visitors in attendance assist in preserving the order and decorum of this meeting and to provide for attendance at and participation in the meeting without fear of intimidation, threats, or hostility.

Any person making per personal, profane, hostile, slanderous, or threatening remarks who uses vulgar or obscene language, who engages in any other actions that disturb or are calculated to disturb the meeting, or who becomes disruptive while addressing the planning and zoning commissioners, or while attending the planning and zoning meeting, may be removed from the council chambers.

All speakers shall address the commissioners and not the audience or city staff and shall not call out individually named members of city staff or the public.

For speakers tonight, when your name is called, please come to the microphone at the podium and state your name and city of residence for the record.

The applicant will be asked to speak first and then will be given 10 minutes to make a presentation.

Speakers in support or opposition of the item will be given five minutes each to make their statements.

If there are many speakers for each item, each speaker will be given three minutes to make their statements.

Thank you very much.

Next item is the approval of the minutes of January 14th, 2026 planning and zoning regular meeting.

These were sent out in advance.

Were there any changes?

Seeing none, I have a motion to approve by Commissioner Finley and a second by Commissioner Blake.

Please cast your vote.

Motion passes nine to nothing.

Next, we have a copy of the minutes of our January the 21st, 2026 regular agenda meeting.

These were also sent in advance.

Were there any changes recommended?

If not, do I have a motion to approve the minutes of January the 21st?

I do.

Commissioner Blake and uh the second by Commissioner Maddox.

Please cast your vote.

Motion passes nine to nothing.

Next on the agenda, we have three zoning cases.

Uh tonight.

The first one is uh for your information.

There was a case that was listed but has been withdrawn.

It's zoning case PD 25-20, located at approximately 2201 North Collins.

It's been withdrawn.

So if you're here to speak on that, we're sorry, but we're not going to be discussing that tonight.

First in the agenda tonight is SUP 10-23R4.

Uh located at uh 408, number 408, 113th Street.

This is application for approval of a revised specific use permit for industrial manufacturing with a development plan on approximately 2.379 acres, currently zoned industrial manufacturing with a specific use permit for high impact use.

Good evening, Chair and Commissioners for the record.

This evening we're looking at SUP 23 R 4.

Uh, you may be uh familiar with this case as this case was one that came before you previously back in March of uh excuse me, August of 2025, and it was continued indefinitely so that the applicant could go back and look at some of uh what he wanted to do with the site.

Since that time, nothing has changed.

The applicant wanted to remain consistent with what he uh submitted originally, and so now we are here moving forward with this after renotising the the project and and uh bringing it in and placing it on the agenda.

The applicant is requesting a fourth revision to the specific use permit uh to add uh an approximately 10,000 square foot maintenance building on the existing liquid tech uh company property located at uh 408 113th Street.

As you can see from the slide, the current zoning of the property is industrial man uh manufacturing.

And again, the reason that we are here is because they would like to add a new building to the site.

As you can see from the highlighted uh property line here, this is the uh aerial photograph of the site.

Uh the site shares property lines with with uh other properties that are zoned industrial manufacturing and manufacturing uh on all four sides as well as uh right-away of 113th Street and the old rail spur that runs behind it.

These are aerial photographs, excuse me, these are photographs of the site, looking uh at it from uh each direction, view east of the subject site there in the top left-hand corner, view of the property to the south, uh developed with the industrial use, view of the property across 113th Street as you can see, the overhead bay doors and loading ramps over there as well, and the property to the north of the site.

Again, uh the proposal is for a new 10,537 square foot metal tilt wall and metal building.

The use is for it to be a maintenance shop and truck wash.

They are not increasing uh their current operations in relation to uh what they do with uh uh um uh grease and and things of that nature with this particular proposal.

Uh additionally, they are going to improve the existing parking area by replacing gravel with concrete, adding 38 parking spaces, which will give them uh 56 parking spaces in all, and upgrading uh the fire lanes.

Again, uh there's the site itself.

There's a currently existing tilt wall concrete buildings that house the waste handling area and the existing administrate administration and processing buildings.

Behind that uh is the uh metal building, which is uh waste storage building.

The design of the proposed structure shall match the existing character of the existing structures on the site uh by incorporating tilt wall and concrete uh elevation facing the public right-of-way.

As you can see, the site is bringing the landscaping into compliance along 113th Street with tree plantings as noted below.

Uh no buffers are required again as as the site shares uh property lines with uh other like zoning uh industrial categories to the northeast, south, and uh west across uh 113.

Although some landscaping exists on the site, the proposed landscaping will give a fresh new look to the street and help screen the parking areas adjacent to the right-of-way.

Uh the applicant is AG Design Group LLC.

The owner is uh Heng Gegler properties LP.

Uh since the uh the noticing of this new of the case coming now, there have been no additional letters of support or opposition with the original submittal uh that I brought forward back in August.

There were two letters of opposition uh that were received by staff citing offensive order as the main issues.

Uh since 2014, there have been uh code actions taken in reference to file order and complaints, uh, but the last one being listed in 2018.

Uh there have been three open records requests and uh one issue for illegal parking, which was parking on the grass, or a non-permanent surface, which they are trying to uh take care of with the installation of the new parking lot.

Staff is available if there are any questions or comments in reference to this particular zoning case.

Mr.

Charles, thank you.

Do any of the commissioners have any questions of Mr.

Charles at this time?

Thank you, sir.

Thank you, sir.

At this time, I'm going to open the um public session or the public hearing and call the first speaker.

Uh Mr.

Heng Henkel.

I'm sorry.

Hangler.

Sydney.

I have a total one, two, three, four, five cards.

Supporting and all are asking to speak.

So you're welcome to.

If you don't feel like you need to speak, you don't, but go right ahead, sir.

Okay.

My name is Armando Garcia, architect on this project, uh AG Design Group, address 103 North Greenstone Lane, Duncombeville, Texas, 75116.

Um Mr.

Charles did an excellent job.

He pretty much took everything I was gonna say about this project, um, summarized it perfectly.

Um Liquitech has been in Ireland since since 2010, and just the demand that we have now for what our goals are moving forward.

We need a little bit more square footage on our existing facilities, which we have we have the room for.

We've worked with the planners and and provided um a good solution for as far as the required parking, the enhanced landscaping.

Um we've provided screening for for the for the roll-up doors facing facing the right-of-way uh as part of our landscape plan that we've we've worked closely with the planners on.

Um so we're we're we're we're just pretty much here just to kind of answer any any questions you guys might have.

Um I can answer a lot of questions on the design side, um, operations-wise.

I have we have some of the leadership team here with us that have also signed up.

So very good.

We did discuss this during the work session.

Do the commissioners have any questions for the applicant at this time?

Commissioner Blake.

So this is going to be like a maintenance shed and I'm not going to say truck repair, but washing trucks, things of that nature, correct?

Yes, sir.

Yes.

So is there going to be things like oil changes and fluid changes, anything of that nature?

No, no.

It's just um just like um washing trucks and stuff like that.

But no.

So just cleanliness maintenance.

Yes.

Okay.

Yeah.

So we're we're to I I don't need to know where it's done otherwise, but I just want to make sure we're not changing oil and stuff there, because that's more of a more intensive use.

I think all right, thank you.

Any other questions?

Thank you, sir.

I'm gonna read the names of the cards of the other individuals who signed up to speak.

And if you want to speak, you can, but if you don't, please raise your hand.

Uh Sydney Hangler.

Sir, thank you.

Did you want to speak?

Okay, Aaron uh Navion.

Aaron.

Thank you, sir.

Remember your name and city only.

We don't need your address.

All right.

Good evening, Aaron Nation, Pooleville, Texas.

Uh I'm here representing as the general contractor, basically, just to answer any questions, and once again, they did a great job.

Um, you know, one of the biggest things, the problem they have there is basically flow and function.

So basically, what this bill is gonna do is allow them to maneuver, get things done a lot faster and a lot cleaner.

So structure-wise, anything like that.

I'm here for questions.

Thank you, Mr.

Nation.

Any questions?

Sir?

An easy evening for you guys.

I have another speaker.

Uh Gardner.

Did you want to speak?

Thank you.

Uh Sean Hangler.

Want to speak?

And Armando, you've already spoken.

Good.

Those are all of the uh I'm sorry, uh, Commissioner Winkles.

Just out of curiosity, how do you pronounce your last name?

Hangler.

Hangler.

Okay, thank you.

We've all butchered it, so I was just trying to give you the respect of that.

Sorry.

Thank you very much.

Thank you very much.

Those are all the speakers that are signed up in uh uh uh in favor.

Are there any speakers in opposition?

Seeing none, I will hereby close the public hearing.

Do the commissioners have any questions or comments that they would like to make before I ask for a motion and a vote.

Saying none, I do have a motion to approve by Commissioner Blake, and a second by Commissioner Winkles.

Commissioner Blake, would you please state your motion?

I would like to make a motion to approve as presented.

SUP 10-23R4, uh Liquitec 408-113, 113th Street.

And Commissioner Winkles, is that your motion?

Your second.

Yes.

All right, cast your vote, please.

Motion passes nine to nothing.

Next, we have SUP 25-10, located at approximately 2102 Prestonwood Drive.

This is an application for approval of a specific use permit for a secondary living unit on a property zone residential single families, RS 7.2.

At this time, I'll ask our staff to present its report on SGP 25-10.

Ms.

Van Amberg.

Good evening, Commissioners.

Alex Van Amberg, Planner, Planning and Development Services, presenting case SUP 25-10.

Site is addressed 2102 Preston Wood Drive and is about 0.749 acres or around uh 32 and a half thousand square feet.

32,612 square feet.

Here's the location uh showing the subject property and the property surrounding it.

We have some site photos of the neighborhood on the street uh going north and south, the property directly across the street to the east, and then the view west is the subject property.

Here we see a site plan, um the proposed location of the structure.

It is about 1,000 square feet uh with 750 square feet of living area and a 280 square foot porch.

Uh they are meeting the UDC setback requirements that will be set back seven feet from the south side property line, um, and it's substantially set back from the other property side property line and the rear property line.

The primary residence and the secondary living unit would make up 15% lot coverage if constructed.

Uh per the applicant, it is to be used for a family member.

Um that is also UDC standards.

We do require all secondary living units be used by a family member of the people living in the primary residence.

Here we have the floor plan of the structure, it's meeting the UDC requirements of one bedroom, one bathroom, uh, one living area, and the elevations.

Um as you can see on the elevations, the structure is constructed pretty much 100% with siding.

Uh the primary residence is mostly brick.

If the commissioners would like uh to add a little more brick on the secondary living unit to bring it more into the architectural equivalent standards of the um primary residence, that is something you can ask for.

Here are the allowed uses in uh single family 7.2 secondary living units are only permitted with approval of a specific use permit.

And the applicant and owner are Shelley and Rick Chambers.

Um staff did receive uh 12 letters in support.

We received 13 letters in opposition, and then we also received a petition in opposition, which had 40 signatures, and I am available for questions.

Thank you very much.

Do the commissioners have any questions that they'd like to address the staff at this time?

Commissioner Sumter, please.

Uh yes, ma'am.

Is the secondary unit uh visible from the public right away?

It shouldn't be too visible.

Um it seems to be kind of on a the house is a little bit higher, the backyard slopes down.

Um the driveway's fairly narrow, uh so if any portion is seen, it would be fairly small.

Thank you.

Uh Commissioner Blake and then Commissioner uh Greer.

I'm sure I could also ask the applicant this, but I believe there's also a permit out there for a pool that this building is going to be adjacent to that.

Yes, uh, they are planning to construct a pool.

I do believe they have a permit out currently.

All right, thank you.

Commissioner Gruer.

And uh could you remind me is is the ADU allowed by right in SF 15?

Yeah, so uh residential single family 1520 and uh residential estate.

So that would be lots larger than 15,000 square feet.

It's allowed by right.

Which this lot is, it's 32,000.

Yes, this is larger than uh that 15,000 square foot lot.

Yeah, thanks.

Any other questions at this time of staff?

Ms.

Van Amberg, thank you very much.

Okay.

Um at this time I'll open the public hearing and call for the first speaker.

I'll ask for the uh speakers that are in favor of this project and ask for the applicant to speak first.

If you'll step up, yes, please introduce yourself and the city that you live in.

Okay, um, I'm Shelley Chambers, and I live in Arlington at this property.

Um we prepared a PowerPoint for you all.

Thank you for your time this evening.

This is uh the front of our house, 2102, Preston Wood Drive.

This is sort of the idea we have for the tiny house or the ADU for the specific use of my mother who I'm an only child.

Um deep breath.

Thank you.

We're all really nice, sweet people up here.

Um it's very and we know and I can thoroughly understand that this is something that you're not accustomed to doing.

Well, it's not so much that I'm fine speaking in public, but it's a very personal thing for me.

But you're okay.

So we're fine.

My mom has been very ill for the last few years.

Okay.

I'm her only child, and I feel it's my responsibility to take care of her.

Um we also, my husband and I have four children, two of whom are handicapped.

Um so although I expect my mother to live a very long life, um, we do have other children later on that would use this property in all likelihood.

Um that is the purpose of this.

We have no intention of ever using it for anything but for family members.

Um a little bit about me.

Um I have lived in North Arlington for 40 years, um, been a very active member of this community.

I worked at River Legacy Foundation for many years, volunteered there, have volunteered at the schools my children went to, Butler, Shacklford, Lamar.

Um, we consider this our home.

We purchased this property um in September for this specific use.

Uh we had a lovely home in Interlock in that we were perfectly happy in.

Um, but with my mom's illness over the last few years, it became necessary um for us to move her here from Georgia.

And so we found this lot and we're so thrilled.

We did our research beforehand to make sure that we would be able to build that the city allowed such buildings.

Um, so um anyway, we moved here for this specific reason.

Um, Amber has shown you some excuse me.

Anyway, you've seen the pictures before.

This is an aerial view of our property.

The red is obviously our property.

Um you can see there's a good bit of open space below, large lots on either side that are very wooded.

Um the prop the ADU is will be back from the main residence.

I know there was a question about would it be seen from the street?

Not really.

We have a wooded in the front, and it's going to be very far in the back.

And this is just another property view, so you can kind of see where it is in relation to Fielder, Lamar, Shackletford Junior High.

This is the survey of the property when we purchased it.

Um, so it kind of shows you where the house is now and the very large backyard lot that is where we are building.

This is a view of the backyard from the very back.

The bottom is from the very back.

Um, and so the if you're looking at the it would the ADU is going to be kind of where the trees are on the right side.

This is the proposed ADU with the pool.

The pool we have do have a permit for that.

We're using accent pools, and they have um started that process.

So you can see kind of in the middle is the pool, and then a little bit up or further back on the lot is where the ADU will be, if approved.

So as has already been said, the ADU itself is one bedroom, one bath, and a common living area that's the kitchen living area that's about 750 square feet.

Um the exterior is about 21 square feet by 35 square feet.

Um as already mentioned, it'll be about seven feet off the south property line and about 70 feet off the west property line, which is the very back of the property.

We do plan to keep it aesthetically in keeping with the house.

So happy to do brick if if that's what you all request.

We do want it to be very much in keeping with with the main house.

Again you've already seen this this is the elevations we do have a builder who is here tonight and um will speak he um this is his business ADUs around the Metroplex as we all know as our population is aging I heck I'm aging myself.

I'm in my 60s so I think there's more and more of a need for these kind of buildings the cost of senior care is astronomical as we all know and having your family closer to you to take care of them is is a great thing.

So far we have planted over 30 cherry laurel trees they'll reach a height of about 20 feet at maturity or along the back fence line to help um beautify the area as well as block the rooftop so um we want to be good neighbors we don't want to do anything to hamper our neighborhood it is a beautiful neighborhood and we want to keep it that way we're not trying to do anything to make that not the case anymore.

So all that we'll really be seeing of the ADU will be the roof line and that would be by the neighbors behind us on on the side and maybe a little bit from the front but as um already mentioned we are kind of on a hill and it slopes down and as I mentioned is the name of the company that we have contracted with to start this plan is a state ADU and the owner is Jeff Carr.

This is what he does all day every day he doesn't build big houses he builds small houses for for situations like this we have complied with all the ordinances to date filed all the necessary fees kept it in it can't be less than 900 square feet no more than 50% of the main dwellings footprint that has all been um complied with so we we are doing everything that we have been told to do and trying to follow all the rules and regulations and want to do that.

As I said I've a long-term resident of this community and I love North Arlington and I want it to stay a lovely place.

So and that's my mom it would it be okay if she stood up okay this is my mom well this is who it's for thank you so um I have a couple of what's I have a couple of minutes left so I do I had no idea but this turned into quite quite a thing apparently um and um it's my understanding that there's been a flyer that's been circulated among the neighborhood um asking people to vote against this and so this is it and I'd like to address the concerns that are in it to hopefully maybe put neighbors at ease I think there may be some misunderstanding about what we're trying to do here.

We are never for no reason would have an Airbnb.

I think that's the concern maybe that we're trying to build something to run a business out of number one that would be fiscally irresponsible this is going to cost quite a bit of money and it would take us forever to get our money back nor would we want to do that.

We wouldn't want that in our neighborhood so I'm just gonna go through what the concerns were were.

The first one storm water and drainage we do sit up on a hill and the neighbors behind us through the years we actually visited with them in our backyard yesterday so they could see what we were doing.

There has been issues in the past with runoff from our property down the hill into their property understandable we are doing everything we can to keep that from happening the city I know will require us to engineer drainage plans that's part of the plan and we will be in keeping with that and again we want to be good neighbors my husband just bought a bunch of what do you call those things?

We are landscaping, we are putting grass.

That will all help with the absorption of when we have torrential rains every once in a while.

From what they've told me, it's not I'm out of time.

I'm gonna give you about 30 seconds to wrap up.

Okay.

So the next one, the neighborhood care.

I just want to let you know, don't forget you'll have a chance to do a rebuttal at the end.

Okay.

But I'm gonna give you 30 seconds to wrap up.

Okay, or you can so the other two were neighborhood character um large lot low density.

We actually have less density than the prior owners.

There are three of us living.

And future rental risk, I think I've already met covered that.

No, never, never.

Um, that is not our intention.

My mom who's gonna live forever, and then we have two disabled children.

So thank you.

Thank you for your time.

Do you have any questions for any of the commissioners have questions?

Commissioner Black, you can go first at this time.

I do.

I I wrote several down, actually.

So for first of all, is the downhill neighbor in support or against the okay?

They have not indicated to me what their that's a good thing.

Yeah.

Um so first and and foremost.

Assuming that in some day that your family decides not to live there, what do you think that you would use this house for my husband and I plan to age in place?

So the once everyone else in the family would use it, we would either move into it and and let our children or gift our children the big house, or we may use it for caregivers for us.

Um, but it would never be used for any outside party or any rental at all.

I would love to have you said it that it's just going to be a pool house.

It's just gonna be a pool house.

No, um, but but when I don't even know how you start building the pool, did you take this house into account and look at yes, here's the architecture, so this was going to be done.

Yes, and that it it will be facing the pool.

Yeah, I'm not a big fan of these things, but you have a big enough lot.

Right.

So I'm yeah, I'm kind of liking the idea.

Um, my other question happened to be whether you could make it face the pool more.

So you're just gonna answer that.

So we're done.

Okay.

Thank you.

Oh, by the way, thank you for your support river legacy over the years.

I was past president until last decision.

Oh, you were great.

Wonderful.

Yes, I worked there for many years.

Any other questions of the applicant at this time?

All right, thank you very much.

Thank you for your time.

I have uh the next card in support is Mr.

Chambers.

Did you have any did you want to speak?

Yes, I can try to.

I have another non-speaker in support, Judy Missilda Missolding.

Missile Dyne.

All right, that's that's you, okay.

Uh and also I have a card here that I don't know how which one it is.

Uh Jeff Carr says applicant in support, but it doesn't say speaker or non-speaker.

I can speak.

Okay.

Please, if you have a couple of uh points that you want to make about the construction.

Yeah.

So I'm Jeff Carr.

I live in Dallas.

I'm the builder.

Um I was here a couple weeks ago on the case.

It was very pretty pretty similar, big lot.

Building for a parent, special needs adult child.

Um, I didn't speak at that meeting because there was no opposition, it kind of just went the way uh we hoped it would, but I just wanted to kind of touch on uh some of the things Shelly covered most of the things that we talked about, but um, and and I can answer some of the construction related questions because I've gotten um deeper into the permitting process um on some of these ADUs, but a lot of the concerns I think she covered the rental thing.

That's not the goal here.

Um it's probably if if you rented that thing out every single day for 20 years, you'd be pretty close to breaking even.

So that's that's not the point.

These things don't work that way.

Um there's a lot of engineering work that in the permitting process, which happens after this, that you guys are gonna make us go through that's gonna cover a lot of the concerns that some of the people in the neighborhood have, like drainage and uh and all that.

Um as far as parking goes, um she's already living in the house, so if there I don't think that any parking needs to be added uh because everything's going fine right now, but if for some reason it did, I think the homeowners are open to that if that's what we need to do.

Um we're flexible on unit placement if it's a little bit visible if it's deemed in the permitting process that we need to bump it back a few feet or something like that to you know make it clear there's obviously plenty of room in their yard.

Um we think it brings value to the neighborhood.

Honestly, it doesn't hurt the neighborhood.

Um it's an amenity that's going to drive property value up.

I've seen it.

Um it's probably going to drive the homeowner's property taxes up.

So you guys can do the math there.

Um then as far as aesthetically, um, yeah, that's kind of just an initial sketch.

Um we can make it match the brick and siding and shutters and all that stuff.

Um we just kind of needed to put together the architectural for enough to get to this point.

Um so that's what we did.

And we're we're open to switching it, and I'm available if you need guys need to ask me anything about just big picture on an ADU.

Thank you.

Uh Commissioner Winkles.

So just to reiterate and make sure I understood your comments correctly.

One of the commissioners, our one of our questions was would you would you be willing to increase uh change it from siding to um more of a brick aesthetic to match the existing home?

Um and you said yes, correct?

Correct.

And then did I hear you say correctly?

Because uh the visibility is a big thing for a lot of the neighbors that you would be willing to move it further towards the interior of the property closer to the pool or maybe a little bit further to the right, based on how you can position it to where it's less visible.

I I don't think it's gonna be more than probably 10 to 20 percent visibility based on where you have it and like that.

I'm just curious.

Yeah, we're we're not planning on it being very visible.

I mean, we don't think so, but I think if it if it came down to that was like a breaking point and we need to bump it a few feet as long as it isn't sitting on top of that swimming pool, I think everybody would be fine with that.

Whatever we we need to do to make sure that you know she's able to have this place.

And you're looking at the drainage as well.

Yes, right.

That's gonna be required as a lot of people.

That's gonna be required.

So I just did it on the last project, and we uh you know we kind of went out of order on that one, but we we did it, we already have all the engineering done there, and so I kind of know what that entails, and he did a foundation, a drainage and all kinds of stuff.

So that's all that um when we get through this phase to permitting, they're gonna require all that.

So I I don't see anything happening that's gonna create excess.

Thank you.

Any other questions?

Commissioner Ware.

Um since you uh will go with more brick and make it look more like the house, huh?

Just give you a little advice to have a rendering ready for the city council, should it pass tonight uh that and a better idea of the visibility from the street?

So they will be interested in that as well.

So be sure to have that handy if you get we can do that.

Any other questions?

Thank you, sir.

With that, those are all the cards in support.

And now we'll hear uh for um opposition Enrique Thermador or Thermodo.

No, you didn't okay, non-speaker.

Are you a support or an opposition, sir?

Because it didn't say here.

You're okay.

You're you don't know.

I'm gonna put you over here in this pile.

Okay.

Uh Rich Weiss, non-speaker in opposition.

Raise your hand.

Okay.

Bob Herman, non-speaker in opposition, please raise your hand.

Thank you.

Larry uh Medlin, also non-speaker in opposition.

Are you here?

Thank you.

Janelle Merrill, non-speaker and opposition.

And you're here as well.

Okay.

I have now speakers uh that are in opposition.

Laura Matthews.

Remember Laura states your name and the city only.

We do not need your address anymore.

Okay.

Well, good evening.

My name is Laura Matthews, and I am in Arlington, Texas, and I don't I don't know if I'm allowed to say I live directly next door to the property in question here.

The property requesting the special use permit, SUP 2510.

My concerns solely relate solely to whether this request is truly compatible with the intent and character of our RS-7.2 single family neighborhood.

The home on this lot is approximately 4,000 square feet and includes an interior suite appropriate for extended family.

Amenities like pools and patios are considered normal in our neighborhood and expected.

But what is not expected in RS-7.2 zone neighborhoods is a second attached dwelling with its own facilities behind the main home.

That detrimentally changes the character of the property from which all of our surround all of the surrounding homeowners reasonably expect in a single family district and begins to resemble multi-dwelling use.

There is also historically a drainage issue on this lot.

Stormwater has flowed from this property into my yard and the yards behind us.

Adding more impervious surface areas from another structure and from the pool decking and the walkways raises serious concerns that the problem will only worsen.

I respectfully ask that the city of Arlington require documented proof that runoff will not flow onto our neighboring properties.

Now privacy and quality of life are also affected.

A secondary residence with regular activity is extremely different from your typical accessory structures.

And I learned that many of the neighbors were unaware of this request.

I collected signatures on a petition of opposition, submitted to the planning and zoning department.

And of the 43 neighbors that I actually had an opportunity to speak with, I only had two that indicated that they did not want to sign.

But my emotional appeal is that this is my home that I purchased with my husband, who I lost six years ago very suddenly.

My home, my yard, they're my sanctuary, they're my peace, and I love to be outside, and this is where I just find the courage to keep going on.

And the way that this is located on my site, it's 35 feet down the length of my fence, and it matters to me.

But if you saw also, if you also saw the the way that this is laid out and the way that the pool is now being constructed, grant you know, she is gonna have a hall up that hill.

And I just I just think that there's probably a safer and better way to do it, is personally my opinion.

But I do want to thank you for your time.

Do any of the commissioners have any questions of this speaker?

Oh, sure.

Sure, Commissioner Sumter.

Yes, I know we didn't ask for your address, but you mentioned you you're nearby.

I am directly next door.

I'm 2100 Preston Wood Drive, yes.

Thank you.

Any other questions?

I have one, Miss Matthews.

Yes.

Under what circumstances uh would you believe that an SUP for an accessory dwelling would be appropriate?

I'm just curious.

Well, I think I think for me personally, the very fact that that home has 4,000 square feet.

I understand people want to live independently.

But like I said, that is a it's I mean, I'm looking at the layout that from what I've seen, and and I granted the pool just broke around a couple days ago.

Um I just don't have the feeling that it is what it is.

Thank you.

You know, I thank you, thank you.

Appreciate your time.

Next speaker, Janice Medlin.

Janice, for the record, please state your name in the city, please.

My name's Janice Medlin.

I'm in Arlington.

I actually live on Prestonwood.

Okay, first I want to point out that this is school right next to our neighborhood, Shackelford Junior High.

Okay.

And our neighborhood is majority middle class owners.

We bought this, bought our house because it's a single family neighborhood.

Okay.

The my concerns, maybe not necessarily with this family.

Their intention sounds very commendable, and I'll bring that up in a second.

But ma'am, I'm sorry, uh, could you please lower that microphone so it's a little closer to you?

Oh okay, how's that?

Thank you.

Thank you.

Okay.

Anyway, our neighborhood is majority middle class.

There's a few high-end homes like that one.

But my concern is the potential for future crime.

And that's this is speaking from experience, personal experience, which I'll give you that in a in a second.

So I again I'd like to commend that the property owners, the chambers say they want to build this living unit for Mrs.

Chambers' mother.

However, building a separate living structure is not something many of us in Preston would want.

That house already has a downstairs ensuite with a separate bed and bath.

And it's our understanding, you know, she's already living there.

If any of us, and this is personal experience, if any of us wants to care for an elderly, physically or mentally challenged relative, our family members are better served living under the same roof as the caretakers.

Especially if that person develops cognitive issues and can tend to wander off or has mobility issues.

We know this from personal experience.

A separate entrance can be created to give an active healthy family member a sense of independence.

If you don't want that person to have access to your home, then there's a lot of really nice apartments in Viridian that have some great amenities and elsewhere in North Arlington.

If the city allows this separate structure to be built, keep in mind that it will eventually be empty, and the property may eventually be sold to someone.

This can lead, and we know it's not rental property, but this can lead to someone secretly renting that separate structure, even though renting is not allowed.

Anyone can lie about whether that structure is being used as rental property.

There's no way the city of Arlington can monitor that.

Really?

I mean, they're they're very busy.

Bottom line is we suggest if you know four bedrooms in your house isn't enough, add on to the existing home structure.

But please do not build a separate structure which can potentially be a future rental space.

Our experience, my mother-in-law built a small living structure on her residential property in Fort Worth.

It was probably 15 or 20 feet from her back door.

Her mother Grace lived there for years.

But as grandmother became less independent, living in a separate building became a challenge for everybody that assisted her.

The family had to frequently walk between the house and the separate unit in all sorts of weather at all times of day and night.

Again, elderly physically or mentally challenged relatives are much better cared for under the same roof as the family caretakers.

That's our opinion and our experience.

After Grace passed away, my mother-in-law decided to rent her separate living space for supplemental income.

We came to realize that many of the people who live in these secluded spaces, they don't qualify to rent an apartment where they have something to hide, as she found out, and in a really bad way.

Several houses in the neighborhood were robbed during his stay.

Was that just a coincidence?

Doubt it.

He was eventually arrested and sent to prison.

But the worst of the people that she rented to, and I met this guy.

She was always bragging about him.

He's such a nice guy and a country western singer.

He murdered seven people in Tennessee.

He's called the fast food murderer.

He's the second largest mass murderer.

His name is Paul Dennis Reed.

You can Google him.

And my mother-in-law was called, though she didn't go because she was, you know, had mobility problems.

She was called as a defense witness for him.

Anyway, we don't want the potential for any more rental properties, including secondary living units in our neighborhood or personally anywhere in Arlington.

Too many investors are swooping in to buy up homes in Texas where and rent them where cities allow this.

There's been some pretty egregious issues in North Arlington with rental properties.

And I have provided a short list.

I'll give you a short list at the end.

And I also put up I had a board made with QR codes in case anybody didn't hear about these.

So we uh we want to get along with our neighbors.

We want them to feel welcome, but we do not want the potential for any property owner now or in the future to secretly rent a separate living unit with all the problems that come with it.

We should always think of what Arlington police teach us in crime prevention and awareness classes.

Don't think it can't happen to you.

So in closing, there's no way the Arlington police can ever securely monitor if someone is lying about renting a secondary living unit.

Put it that way.

As you should know when you listen to the news about these mass murderers or like the guy that killed Charlie Kirk.

Thank you very much, Janice.

Okay, can someone else finish my someone else finish my last part?

Next speaker, uh I have three other speakers.

Uh Keith Herman, Vicki Kier, and Linda Wilson.

So who wants to come up next?

Sir, come on down.

Tell me your name and your city.

Good evening.

Can you hear me?

Yep.

Okay, very good.

My name is Keith Herman.

Um I live in Arlington, and I'm actually the property owner at the back of the property.

So the one that has uh spoken with them about the drainage.

Um my biggest concern is the drainage of this property.

Um the property sits below the street, so 100% of their property drains into my center of my backyard.

So these this has to be dealt with in a in a responsible way.

Um and so as we go forward, um, I I respect what they're trying to do, but at the same point in time, um I've already had one water intrusion event when we first moved into the house 20 some years ago, and I've had uh also um two times uh and it's during our heavy rains when we get more one inch, you know, in a half an hour type thing, but we have to engineer for this.

But I've had two other times where I've had to completely drain uh the swimming pool, 20,000 gallons, start all over and get it all going back together again.

And and that's what we have to engineer for.

That's what we have to be able to handle.

So that's the point I'd like to make.

Thank you.

Any questions?

Commissioner Winkles.

Yeah.

So in relation to that, have you done any kind of ginage mitigation on your side of the property?

Yes.

And and over the years I've continued to do it at homeowner, you know, um, yeah, I see.

Implementation, homeowner implementation.

The the last one basically was um I increased the size of the catch base and retainment uh and then provided uh how do I want to say uh an emergency overflow route that would go to the driveway.

And um and and it happens with the are not fail-safe, but they're not fail safe.

Yeah, and uh and and it's gotten to the point because all the rain runoff runs in that specific point, and we have so much runoff in my driveway.

Uh my next door neighbor and I did mitigation on his property to put in a curb to catch it.

And then our last big storm that we had, um it was it's it's what you would find on a street that height of a curb.

Um it was halfway up the curb running down the driveway, and uh and I'm losing the top surface of the driveway now because of you know just constant erosion and erosion erosion.

So it was something to be considered.

Any other questions?

Thank you, sir.

Okay, thank you.

Next speaker, Vicky Kierr.

Would you like to speak?

I also have Linda Wilson.

So Vicky's coming down.

Uh Linda, you'll be next.

Who doesn't?

Oh, okay.

Thank you.

Well, she's making a way.

Linda, did you Linda, Miss Wilson?

Did you want to be a speaker or non-speaker?

Okay.

Thank you.

But you are in opposition.

Okay.

Thank you.

You can pull it up.

There you go.

Hi.

My name is Vicky Keir, and I have been a citizen Arlington since the 80s.

My husband and I had a house that is our area is very hilly.

I don't know if many of y'all tool around in North Arlington or not, but it's hilly.

And the drainage is my big concern.

I don't live on Preston Wood.

I live behind Preston Wood downhill.

And just now with that runoff the way it is.

Many times when it rains heavily, it looks like a waterfall in my backyard and down my driveway.

Very forceful heavy water.

And when you dredge out areas for pools and things like that, I have a great deal of concern about the runoff.

My neighbor's house flooded one time from that same situation, and it got inside their house.

It didn't just overflow their pool, it went inside their house, and they had to do all new flooring.

So the drainage is a big issue, and it's costly to get it corrected.

And I feel like I would have no rights to correct it because it wouldn't be on my property.

So that is one of the big big questions I have is who's going to enforce it.

And then next thing is according to the website of this committee, the type of change of zoning would allow for things like community homes for disabled people.

A community home is not a mother-in-law cottage.

I'm sorry.

And foster group homes.

Those kind of things bother me.

When you start moving group homes into a community, your value of your property is going to go down.

And who's to say they don't intend to do this?

But they may sell.

I'm going to interrupt you for a minute.

We're not talking about group homes here, so if you would stay on topic, that would be appreciated.

Because group homes earn money from the state, and that doesn't make it residential, that makes it commercial.

In addition to single family that we're going to do, considering time why does your website say these other things that could go in there?

But can't.

Well, that doesn't speak very highly of our city.

Anyway, that's what I have to say.

I I'm a good citizen.

I was a teacher at Shackleford Junior High.

14 years.

I thought I'd never graduate.

And then I was vice principal and I dealt with everybody else's problems.

So I'm kind of close to this.

I'm a widow.

This is the house my husband built.

I'm not looking forward to having to sell it because the property value is cratered.

So I understand about family.

I have no problems with her wanting to take care of her mom.

I think it's wonderful.

And uh I wish I still had mom to take care of.

Anyway, thank you for your time, consideration.

And uh thank you.

Just be careful with what you do because it's a lot of lives included in this and a lot of investment.

Thank you.

Are there any other speakers who have not had an opportunity to speak?

Did you fill out a card?

Yes.

So I see okay.

Sir, why don't you come forward and then you come next?

And uh, sir, what's your name?

And why do I not have a card for you?

What's your name, sir?

Robert Hankins or Bob Hankins.

Okay.

I filled out a card in it.

There we go.

I'm on the table.

Okay, please go ahead, sir.

Floor is yours.

And I live in Arlington, and I won't want to speak in opposition.

I only have a couple of points of enhancements that I want to make to what the previous speakers have mentioned.

Number one, I think that this uh has the potential to uh change the character of the neighborhood.

Uh my property backs up to 1724 Preston Wood, which is vacant at this point and in foreclosure.

That property could also have a secondary building on it, as this property could, and not knowing who the future owner is going to be or what they might want to do with that.

I think this approving this uh uh uh SUP sets a dangerous precedent for the property that backs up to my house.

So I'm I'm concerned about that.

The second area that I've concerned about is well, I understand the current owners on this application have no intention to um rent the property.

Um that doesn't keep the next owner of the property from trying to do so.

And I understand that the property, the second house has to be occupied by a family member or a relative and can't be rented, and I don't know how that's going to be enforced, uh, which is uh a concern that I have.

I don't think that the uh that this application uh meets at least two of the criteria that you need to consider and as laid out in the uh on your website, and then I doesn't think I don't think it uh complements the surrounding area or the community facilities, and I don't think it enhances or promotes the welfare of the area or the adjacent properties, and those are two criteria that are laid out in the website uh for you all to consider, and I would just urge you to do that.

If you do approve it, I think, and and the proponents have uh mentioned this that the uh the exterior material should be of brick uh more like the existing structure, and I think that you should look at the uh requirement for uh parking beyond what's uh typically required for a single family uh unit.

So, with that, I will uh see if you have questions.

Are there any questions of this speaker at this time?

Sir, thank you very much.

Beatrice Stein.

Found your card.

And you are in opposition, Miss Stein.

Yes.

Okay, thank you.

Please state your name and city, and the floor is yours for the next five minutes.

Beatrice Stein, I've lived at my house on Prestonwood Drive for over 40 years, and it's always been a single family neighborhood, and that's why we stayed there.

We've remodeled people do everything there because they love the area, they want to stay there.

I understand the chambers have the best intentions.

My neighbor next door to me also had the best intentions, and that house has now been empty for almost two years, 1724.

There have been there's been drugs there, they have rented it out to all kinds of people.

They had an MMA gym in operating out of their garage, and there are police reports that you can look up to see how many times they've been there for different things.

Process servers that came over there.

It has been an absolute nightmare for the neighbors and everyone around that has spoken this evening for the last five years.

We are hoping and praying that someone will the you know, obviously the house has gone into foreclosure, it's been empty for over a year.

That's our concern.

We have no problem with someone wanting to look after their parents, and I think that's very commendable, and I just feel that anything that at any point at any time can become a rental property, we don't want that in our neighborhood.

And I know they don't intend to do that right now, but life happens.

We never thought what would happen next door in a million years was going to happen either.

And that's what our concern is, and that's what I think all the neighbors are worried about on top of you know the other thing, and having any more of these units.

If someone buys a house next door and they want to apply for this special permit as well, we're gonna have more than one in the area, and that attracts the wrong kind of people.

And we've been living that for five years now, so any questions?

Any questions of the uh of the speaker at this time?

We thank you for your time.

Thank you so much for having us.

Is there anyone else who filled out a card who's not had an opportunity to speak?

Thank you.

With that, the applicant has an opportunity to respond to the uh opposition.

So uh Ms.

Chambers, would you like to come forward and would you like to say anything else?

Yes, thank you.

Yeah, you also have five minutes.

Thank you.

First of all, I want to apologize to my neighbors.

I we are good neighbors and we want to be good neighbors.

We we're not trying to do anything nefarious or to ruin what is a wonderful neighborhood.

Um we moved to the neighborhood because of its hilly, wonderful feel, and it's wooded areas.

So it makes me sad that people are upset about it, and I and I hate that.

That is no way our intent.

Um a couple of things.

First of all, our house is not 4,000 square feet.

Um we do have a very small bedroom downstairs that fits a twin-size bed and a bathroom that when you open the door, bangs into the toilet.

Um, and that's where my mom is right now.

It was important to get for me to get her here as soon as possible from Georgia, um, which is why we moved her immediately into the house.

Her she wants to remain as independent as she can for as long as she can, which is why we want to give her the opportunity.

It's actually been her lifelong dream to have a small little tiny house, and she never thought it would come to pass, and we're trying to make that her dream come true.

Um regarding the drainage, we will pay, we will do whatever we need to do to make sure the drainage is engineered properly per your requirements, per the city's requirements.

Again, we want to be good neighbors.

Uh we can't help what's happened before we got here, but we can definitely help now that we are here to help with the drainage.

I know um I think um Miss Cuore said the drain's the issue, but she's not behind us.

So we do live on a hill, as do my neighbors, and and the topography of the land that God made is that way.

So um the the and the issue about 1724 Preston Wood, which is two doors down from me, um, and about what it's been used for.

I don't think it really has anything to do with this uh an AD unit in the backyard.

There's not one there.

I I we can't help what has happened in that home before we moved in to the neighborhood, and and the and I hate to hear the things that have gone on in that home, but that really doesn't have anything to do with this as far as I'm concerned.

Um the parking issue, if we need to make the driveway bigger, we can.

I'm saying maybe six months she's still gonna be driving.

We have a large oversized two-car garage that we park our cars in, and she has a little Honda that sits in the back in the driveway.

Um, so but if we need to do something different, we absolutely can.

Right now we're doing some parking on the street because we are having the pool constructed, but that's not a normal.

I can't.

Well, right now, all of her furniture is in my garage, so I'm ready to get that out so I can actually park in my garage.

Sorry, mom.

Um, so um I don't think the parking is is really an issue.

I do understand about the rental concerns that people have.

Um we're not gonna do that, but we have we can't help what anybody does after we're gone.

Um we plan to live here the rest of our lives, God willing.

Um there are other rental properties in the neighborhood when we walk the first house in the neighborhood is a rental property.

Um we're not planning to rent our house to rent the ADU.

Um we just want to be good neighbors and um good members of our community.

We're um and for now, she's can live independently, and we'd like to give her that option to do so.

Um I will say it's an interesting thing.

This is an aside, but she was very close to death when she came here because she didn't have the support of her family.

She's now here and is doing so well, and I would like her to live a long life as independently as she can for as long as she can.

I appreciate your time.

Does anybody have any other questions for me?

Commissioner?

Yes, sir.

You knew I wouldn't get away without saying something.

Um got a got a couple questions.

Okay.

And so is this this unit going to be ADA compliant?

Yes.

Okay, so you you can do that.

Yes.

And you know, so far can mom access up the hill to the back of the property and all that function.

And the reason it's positioned where it is, the other side of the lot has stairs going up, and stairs are harder for her.

So this will be sort of a ramp sort of thing that will fit a wheelchair if need be up to the driveway.

So primary access, if I'm coming into the house and mom's going back to her little house, is she gonna go through your house or is she going to go through the garage?

Is she gonna go?

She'll probably come from her house and back and forth through the garage or the back door.

Okay.

Um either one, but but the little walkway will go or and it will have handrails.

Um it will go up into the um the garage, not the garage, the drive, the end of the driveway where cars park if there are extra cars.

So mom's back here from out of state.

Is she excited about the potential?

This is a lifeline of the point.

You you can just shake your head.

Otherwise, I have to get you up here.

So and I go wait, what's yeah?

I I'm good.

Okay.

That was my point.

I I I was wanting to see the expression on her face.

Okay.

Um, so I know the comment that people don't want to live by themselves, but my mother lives with me and she she desperately wants me to build something out back.

I'm a Preston Woodwest resident, and I live on a hill that I can't build, even though I have enough property.

So normally I vote no on these.

I'll be voting yes.

Thank you.

Thank you.

Thank you for your time and consideration.

Yeah, thank you.

There we go.

Saying no further speakers, I will hereby close the uh public hearing and ask the commission for any questions, comments, or a motion.

Does anyone we'll start down at that end?

Commissioner Sumter, and then we'll move towards uh the side.

Uh questions for staff.

So the definition of an ADU in this situation is because it has a kitchen.

Is that correct?

Uh yes, we uh uh kind of evaluate them.

I mean, based on is there a clear bedroom, is there a kitchen area or something that could turn into a kitchen area, and is there a full bath?

One of the commissioners mentioned a pool house.

So assuming this was a pool house, would they be in front of this board?

No, but they wouldn't be able to have kind of any real kitchen area.

Uh no kitchen, just a pool house.

Just a pool house would be allowed.

And the side this size would also meet our accessory building size standards, so it this size of an accessory building that wasn't to be used for living purposes would be permitted.

Would be permitted, bro, right?

Um when it comes to some statements by um some of the nearby residents of crime or houses being rented or just um things going on.

What resources do people have to notify the city to rectify any issues?

Well, I'd say for crime, that would be police reports um contacting the police for you know, thinking there's too many people in a structure or renting something that shouldn't be like an ADU, it would be a code compliance complaint, and we would have code officers uh investigate that.

Um and this may be a question for Galen.

Um when it comes to the SUP, and you know, we've we've looked at a few of these, and I'm supportive of most of them, um, especially when the homeowners live in the house and it's a family member.

And in this case, I'm gonna be supportive.

Um can we limit the SUP to the specific property owner?

So when the land is sold.

I do not recommend that because they're building a separate structure.

And uh the reality is it really needs to run with the land, and that's the decision, unfortunately, that you you have tonight is you have to decide whether or not you're comfortable with this use running with the land.

And God forbid that the applicant and her mother and the entire family go off a bus, crash and die, then new owners come in and they will have an SUP approved that runs with the land, just like any other zoning case that you have.

Uh, if it was an SUP for a use in a shopping center or something like that, where they're not building a whole building for it, uh, then we do typically, and I know this board has approved SUPs where they've limited that use to that particular owner, and then when they move out of the suite, the owner can rent it to somebody else.

But uh, you're just gonna unfortunately wind up with a situation where you you do that.

Uh they build it sounds like quite an expense to build this structure, so would not want to create that kind of connection to it.

And my last question, this is not located in a short-term rental zone at all, right?

No, it's not.

It's outside of the short-term rental zone, and it's also uh not in a zoning district that would allow short-term rentals.

So it would not be eligible.

Any questions?

Um when you were looking at the um site layout, um Mrs.

Chambers showed uh where they've installed trees in the rear of their property.

The first cons uh the first opponent expressed concerns about her site line and her visibility that we they were removing some of her aesthetics of being able just to have an open space or nature.

Is there a potential for us?

Could we put in the SUP that they have to install some trees along that property line, maybe between the fence and their new um C SDU unit if we were to approve it?

Is that something we could consider?

Would there be enough space there?

I'm not sure.

But that would create a site visibility, uh a blockage, a natural screenery screen, so to speak, for that uh resident?

Um I think with the SUP conditions, you can ask for additional landscaping on that south side property line.

Uh and I would have to go back to the residents.

Yeah, I would the applicant.

I would just have to ask the applicant, would they be opposed to that if we put that in the SUP consideration?

I think there's only seven feet between the building and the side property line.

That's very tight for like well, I think that the the applicants are already indicated they would move the building over and adjust it so that it would not be as visible from the main street.

So that would allow for additional space, possibly creating a screen, uh a barrier there that they may be able to accommodate.

I just was looking for ways.

If we're going to approve it, which but to be honest with you, I have no reason not to at this point.

It meets all the criteria.

They've gone above and beyond.

It's not I I was the one who questioned is it if it was a pool house, would we be even addressing this?

Because it at first it appeared like that.

But my second question would be how can we meet some needs?

We've already addressed that they're going to attack the the drainage issue.

They're going to aggressively try to remediate any drainage that they're going to have, and they're gonna put that in their development of their pool and their landscaping, et cetera.

But are we gonna draw how can we address the first opponent's concerns, which was the visibility?

She wouldn't want to look at a building right there.

Yeah, I mean, I think it's gonna depend on where the building is and then what type of landscaping and how close you want to put trees or something next to a fence line or a structure.

Um so I think there's some variables there.

But okay.

I see your hand up, but I close the public hearing.

Um unless uh if if there's some Commissioner Winkles, do you want the app the applicant to respond to your question about if they would oppose adding landscape to that side?

So I'm gonna open the public hearing for a moment.

Ma'am, would you step up?

Yes, Ms.

Chambers.

My question would be if you adjust the location of the SDU and we approve the the SDU, would you approve the accommodation to install landscape barrier, so to speak, whether that's trees.

You've already got trees in the rear of your property, twenty something cherries.

32.

Could you add some more to that side or a complimentary tree that would survive that type of landscaping?

We would be happy to, of course.

Yes.

Yes.

That's what I needed to know.

Thank you.

And I'm gonna allow is it Ms.

Medlin?

Was that you?

Matthews.

Please come forward, Ms.

Matthews.

Because you were the one that we were just discussing.

So would you like to comment?

I think if I was going to ask if this is all going to get approved, what I would I appreciate you as far as the uh recommending the trees, what I would ask is if it could be placed on the other property line.

And the reason I ask this is in speaking with Jerry, she's an elderly woman.

She didn't really want to get involved, and she's okay, kind of okay with it.

And she probably will not be in her house.

I mean, she's in her 80s, she lost her husband last year.

To me, I planned on staying in my house, and I really do not want to see something over my fence line.

And my concern is I don't know, and as far as the engineering of it all, if they're having to add soil to raise things up as far as drainage or whatever else, that's only going to make the house higher above my fence and blocking my training.

Well, we can't obviously we can't answer all those questions, but if there was if there were trees that that blocked the view of the house, would you accept that?

Um I mean, I don't know if I necessarily I'm not asking you to say if you're in favor of the unit, obviously, but what would you think about that idea?

I personally am outside on that side of the yard all the time.

And I I mean, would it be better than nothing?

Sure, but I would prefer it once.

That's really what we needed to hear.

Okay.

Thank you very much.

I'm gonna respond.

You may respond.

Short response.

Absolutely.

Thank you.

So regarding um placing uh the unit on the other side.

Um Jerry does is in support and did file a letter of support.

She is my neighbor on the other side.

The way the topography is, it's at the top of a hill.

We have two very mature, beautiful oak trees that would would have to go.

We don't want to kill the other trees.

I don't want to kill those.

And actually Mrs.

Matthews would see more of the ADU because at the top of the hill.

Um the way it's now, it's going to be less visible to her.

Okay.

Thank you.

Thank you.

Thank you.

And the public hearing is again closed.

And I'm not going to open it back up.

Over on this side.

Comments?

Questions?

Sir?

Since Commissioner Winkles threw this out there, I absolutely that was one of the first things that came to mind whenever I saw that drawing.

And essentially, I see a pool that's here and a house that's here.

And I was kind of wondering why, and y'all can't respond right now, but why that was not kind of more that way.

So the house faces and overlooks the pool a little bit more.

I would love to see that, whether they do it or not.

At this point, I still am okay with it.

But I think that would be a better overall landscaping use, just thinking of it visually.

So anyway, I'm still for it.

Uh I'm gonna make uh a closing comment.

Uh try to anyway.

This is very difficult for us.

We're all volunteers up here.

We don't get paid, any of us.

Uh and uh I've been doing this a while.

Um been on P and Z before, and then City Council, and and then here.

And I like this because it's I like this body, and I like that this group of individuals because every one of us up here cares a lot.

So I want you and North Arlington to remember something.

Back when short-term rentals uh was a big issue, North Arlington really got involved.

And North Arlington was the force behind which the city was able to pass a short-term rental ordinance that has stood the test of time to multiple legal challenges.

During our work session upstairs, we spent a considerable amount of time talking about this SUP process for uh accessory dwelling units.

We used uh when I started on planning and zoning quite a few while uh quite a few years ago, um I never saw one of these things.

And now in the last uh eight months, this is the fourth or fifth one that we've seen.

And so the question that we're all asking ourselves is why all of a sudden are we seeing these?

One of them got turned down, and the one that got turned down was some was one where the owner did not live in the house.

I mean, that's an easy one to say no to.

But every other every other ADU that's come before us, every SUP like this, the owner lived in the home, and the owner had a good story.

But your points are the same valid points that have been expressed by other commissioners up here.

Many of the commissioners commissioners up here are against these things, ADUs, because of the fears that you've expressed that they could be turned into rental units later on, and it's very hard for the city to monitor that.

Because we don't have a rental registry in the City of Arlington.

And we talked about that as well.

Politically, and I'm gonna say this is being taped, and I know City Council members are gonna watch this.

I'd love to see City Council take up again, having a rental registry so that we can control who rents here in the in our city.

We have other municipalities that are taking multifamily off the tax rolls in in the city of Arlington is losing hundreds of thousands of dollars of taxes that we ought to be getting that we're not getting.

We also have a lot of out-of-state owners of property here in Arlington.

And it's a really hard to get an out-of-state owner to come in and mow a yard or to fix a roof or to do anything like that.

And we don't know who owns what because we don't know.

Love it if the North Arlington could get started on a political job like that.

I don't know if it'll ever happen.

It's a political hot subject because I can guarantee you that all the political organizations that run multifamily units in this city and in Terran County are going to be dead set against any kind of registry for rental.

Having said all that, I like this project.

But believe me, I would be calling code enforcement because I know exactly how to do it.

If they're not taking care of that, or if they're renting it when they're not supposed to, because it's illegal, I'm going to be calling code enforcement and they're going to get fined and they'll get stopped.

But that means you as neighbors have to not be afraid to report your own neighbors for things that they should not be doing.

You can't sit back and go, not my job, I don't want to get involved.

Don't you can't do that.

So with that, I have a motion to approve by Commissioner Sumter.

And I have a second by Commissioner Blake.

Commissioner Sumter, would you please state your motion?

I move to approve SUP 25 10 at 2102 Preston Wood Drive, an application for approval of a specific use permit for secondary living unit on a property zone residential 7.2 with the condition of the applicant look to move the structure as feasible from the Western property line by adding additional landscaping where feasible Commissioner Blake.

Sorry, and and changing the material of the building material to a brick to match the existing home.

Commissioner Blake, is that your second?

It is.

With that, cast your vote.

Motion passes nine to nothing.

Thank you, everyone, for participating in our democratic process.

You're very much appreciated.

And I do mean that sincerely.

Next, ZA 25-6, 4232, Kelly Elliott Road.

This is an application for a change in zoning on three parcels addressed as 4232 and 40 feet 12, Kelly Elliott Road and 4230 Interstate 20 Highway, measuring 1.671 acres.5 acres and another 0.5 acres for a total of approximately 2.717 acres, generally located north of Interstate 20 Highway and west of Kelly Elliott Road.

At this time, I'll call on Virginia Renteria to present its report on this case.

Good evening, Commissioners.

Virginia and There, Senior Planner, Planner and Planning and Development Services.

The case for you tonight is a zoning change for a Ford 232 Kelly Elliott Road, approximately 2.717 acres.

It is currently zoned single-family residential 7.2, and they would like to the zoning change to neighborhood commercial.

Here is a location map for you to review.

It is those three properties right off of Interstate 20.

And here is an aerial view north-south-east-west.

Currently, the property does sit vacant.

There was a home on property.

It was demolished in 2014, and it currently only has trees on site.

Future development, if any were to come in, we'll have to comply with the UDC standards.

Here is an itemized use of neighborhood commercial and what is allowed on there.

And based on the thoroughfare plan, the subject site is accessed off of Kelly Elliott Road, a four-lane major collector road, as well as north of West Interstate Highway, which is a state-owned highway.

Staff did receive concerns about Senate, the possibility of this site falling under Senate Bill 840.

I did want to present the standards that the applicant would have to comply with along with that Senate bill.

They would need a minimum of 100 feet of right-of-way and 35% tree preservation required.

They are required a 10-foot buffer from their surrounding homes and including amenities as such.

The applicant is MMA and the owner is Larry Hilcher.

Staff is available for questions, and so is the applicant.

Are there any questions of the staff at this time?

Saying none.

I'm going to open the public hearing and ask for the first speaker who is a support of the project.

Thank you very much.

All right, Nikki Moore, Arlington, Texas.

I believe out of presentation.

Perfect.

Okay.

So as was stated, this is three separate parcels.

Um they do total two point seven acres.

Um the site is generally located along the northwest corner of Kelly Elliott and Interstate 20, and is currently zoned RS seven point two because there was a prior home on that site.

The applicant and owner of the land is requesting a zoning change from the single family residential to a neighborhood commercial use to improve the property's marketability and better align with its location near the highway, as well as provide services that support that adjacent neighborhood.

I'm just gonna pause if you don't mind because I'm not sure if you're not a good idea.

Okay.

That's why we're trying to find sharps under source too.

That's weird.

Yeah.

How many times do I do this in a month?

Oh my gosh.

Yeah, AGB, um Corinth, Fort Worth, Denton, anywhere.

Do you want to just kind of if you don't have renderings and all because this is not a PV, you want to kind of talk about it?

Staff presentation.

My problem is I have a zoomed out view.

Okay.

Okay.

Okay.

Maybe you can talk about all of the other stuff and then hopefully get to that.

Okay.

You're really testing my presentation.

Do you want me to resend it?

Okay.

Okay.

Okay.

Um, if I can access my network drive from my phone.

You want to take a two-minute break to leave it?

So let me put it on the record though, because I had microphone turned off.

We're gonna take a five-minute break for uh for technical difficulties.

So anyone who's used restroom, please go ahead.

So we'll start with a new clock.

Ms.

Moore, you may resume your presentation.

Thank you.

Thank you, sir.

Okay, so as I was previously saying, um, these are three separate parcels that total about two point seven acres located on the northwest corner of Kelly Elliott and Interstate 20.

It is currently zoned RS 7.2.

Um, the applicant, which is the landowner, is requesting a zoning change from his single family residential designation to a low-intensity neighborhood commercial to improve the property's marketability and better align with its hard location on a hard corner and along the highway, um, as well as just to provide services and institutions that support the surrounding neighborhood.

Um, I think it's really important to take an expanded view along Interstate 20.

As you can see, there is a community commercial site at the corner of Park Springs in I-20 with fuel.

So these kind of two sites right here of what I'm I'm talking about, um, which is a higher intensity use than what we are requesting here with neighborhood commercial, but also a title company and medical services.

The same concept appears again at Pleasant View Drive with community commercial building.

That's also another title company and some medical services.

At the intersection here at Kelly Elliott and Interstate 20, uh, the PD across the way is a convenience store with a fuel station, uh, which is allowed in more higher level type of zoning categories.

Given that it is a hard corner and a crossover at a major highway, this is a great opportunity to provide those neighborhood commercial services at a location that really complement the surrounding residential.

You know, I'm before this commission on a very regular basis, and I often hear, you know, you all discuss the need for commercial in specific locations.

Those locations come up as hard corners, they come up along major freeways, and that you always want to protect and reserve those places.

Now, this is an opportunity to go more toward that direction that you often speak of where you would like these types of neighborhood commercial services.

And it's an opportunity to do a low-intensity use.

And as you can see, even across the highway, there have been several instances where this has been successful at these locations on these hard corners.

No specific use is proposed at this time.

Um however, the current residential zoning does not really fully support the site's development potential, given that it has a lot of visibility and access to a major corridor.

Neighborhood commercial zoning once again will allow a less invasive use of neighborhood services that are compatible with the surrounding area and better suited for this market demand.

When you take a look at this list, now this is pulled directly from what staff provides.

I think it was in their presentation earlier.

I want to really draw your attention to what those permitted uses are.

I mean, we're talking about, you know, fill and philanthropic institutions, religious assembly, medical, dental office, clinic, park, playground, um, some kind of type of small print restaurant or a restaurant that has take out and delivery that would kind of service those neighborhoods that are surrounding this area.

Um jumping up a little further of what would be allowed with supplemental use standards.

Even jumping up a little further of what would be allowed with supplemental use standards, that's where you would find a bank or a financial institution, which I still would think would be a very low-intensity neighborhood service that would benefit these types of neighbors.

And so I just kind of want you to focus on you do this is a very short list.

And so you do get some kind of understanding of what type of use you will be getting with a neighborhood commercial while still making this land more marketable.

I think it's also really important to kind of talk about what is what is coming ahead for this type of corridor.

So this is an exhibit showing a Text Dot Southeast Connector project and their future development from Little Road to Park Springs Boulevard.

Um my client's site is circled in red right there, and the area that's shaded in blue right here along here, um, will be a new connection.

So right now that service road dead ends, but it will in the future connect all the way to where you would have that on ramp at Green Oaks.

Um it picks back up before Green Oaks.

And so I think it's just kind of good to keep in mind that when we're starting to plan where we want those um that commercial land use and whatnot to kind of look ahead of what type of of traffic flow and stuff like that will be generated for for this development.

And so ultimately um I know we've kind of heard some of the concerns about okay, well, changing this to a neighborhood commercial could potentially be a Trojan horse for a multifamily.

Um I would like to kind of just go back and show you the site.

This is two acres.

Um not particularly marketable as a multifamily.

Your your risk profile for that is very slim to none.

Um also to I'm gonna see if I can zoom in.

So there are some specific hash marks right here and right here, and what those mean on a tech stot plan is that you are not allowed to have a curb cut or an access point from that text dot thoroughfare into that development.

So the only vehicular access that you would get into this development is going to be off of Kelly Elliott.

Um multifamily requires two points of access, ingress and egress, and the site would not be able to provide that.

And so that's just another geometrical factor that really limits an ability that is completely set aside from an SB 840 type of requirement.

Um with that, I am happy to answer any questions um related specifically to the site and what the plans are for the specific land use decision.

Thank you.

Um I'm gonna I'll start by asking a question.

So repeat, put that map back up.

The text dot yeah, that one.

So right now that green section of road that's to the south of that property is a two-way road, and it dead ends at the bottom.

And so because it's a two-way road right now, is access allowed to multifamily at that location today.

Or do you know the answer to that?

You just said that you couldn't, text dot won't allow access from there.

So right here, you can kind of see there's like these three little hash marks right here.

Uh-huh.

And then there's right here on the corner.

Right.

So you can't have a curb cut.

You can't have an ingress-egress point into that site.

Um, say it again in another way.

Because what I interpret is that first circle you drew.

Uh-huh.

I mean, so I can't go in and out of that property that way.

That's correct.

So from the access road itself, if I'm traveling westbound and I've gone through the intersection, I am not allowed to make a right-hand turn into that property.

That's correct.

Text won't let you today.

In the future.

This is their future southeast connector project place.

But today you can because it's a two-way road, correct?

I don't believe it's a two-way road.

It's a singular.

Okay.

And it's a two-way road and it dead ends right exactly where you showed.

So it was two-way traffic on that road right now.

And in fact, the reason there's two-way traffic is it was a little four houses at the bottom down there.

That is their only ingress and ex and an excess.

They cannot get through to the neighborhood because there's a gate there.

So those four houses come out, take a left-hand turn, and get to Kelly Elliott.

Sure.

So because it's a two-way road, today is there access if someone were to build an apartment there.

They would have to get Text Dot permission to access that site.

And I don't believe that Text Dot would grant access because it does not consistent with their future plans.

Okay.

That's that's a reasonable answer.

So the only access right now, so even if there were commercial, there'd be no access there.

Is that correct?

It would be for Kelly Elliott.

That's correct.

So the only access to this property is directly off of Kelly Elliott.

Where it is where it is currently, yes.

I might correct one statement.

Sure.

If there were more than a hundred units, you would have to have two points of access.

Sure.

But if it was less than a hundred units, one point of access would be allowed.

Sure.

So it but is it also a correct statement if there were over a hundred units?

I'm asking staff this question.

If there were over a hundred units, they could not access those units directly off that access road, according to textile.

Is that a true statement?

I don't know what the tech stop rules are.

I'm I would have to try to miss more on that.

Anyone else here on staff who can answer that question?

I think our engineer is gone.

Okay.

All right.

That's fair enough.

I was using that as one example as to why this geometrically makes it not marketable for multifamily aside from SBA 40 requirements.

That was my point.

Yes, and that's why I'm asking.

Okay.

Thank you.

Please continue.

And I'm sorry for the interruption, and we'll give you back the time.

No, that's okay.

I think I was done.

I was re asking for questions, so it's perfect timing.

All right.

Commissioner Ware.

The property to the west that is looks like a I don't know, it's a horse form or sorry or was for many years.

I don't I don't know.

That's not included in this.

It's not included in this request.

Okay, but it is still this the same empty lot that or has maybe one house on it.

I think there's a singular house on it.

So but there could be uh a cut in and out there.

There has to be a there has to be a manor to get in and out of that lot.

So there would have to be a c a cut put in there.

And then and with that end lot, there has to be a cut there already.

So this particular is just for I'm gonna go back because this is a better view, is just for these three parcels.

Right.

That is what this particular zoning case is in reference to.

And so that is what I'm prepared to speak on today.

Okay, but wouldn't wouldn't you say if that we if we do give this commercial uh status that that next lot those folks are going to be looking at more money for their land because all of a sudden you can get in and out of it.

Uh which means they could sell it.

Once again, I'm up here to speculate.

And we're talking definite apartment possibilities there.

Uh I I'm Scott, I can't get past.

I know what can go there now, but if we change it, that changes the whole deal, and we don't know uh what could happen at at that point.

It it could go it could go the neighborhood commercial, do whatever uh that makes sense there, or that is what they're requesting.

Or it could get captured as a as a uh an apartment.

I know you're smiling and I'm smiling too, but uh I guess technically on paper by the law, but there are so many other factors that go into that that I your risk profile of that is slim to none.

I can't get past it though.

That's fair.

Any other uh questions of the applicant at this time?

Uh Commissioner Maddox.

I um I understand what Commissioner where is going in and uh I I agree with him.

Uh we we know what can go there now.

We don't know what might go there in the future unless you guys come back and tell us what you're planning to do.

I mean, we can have three or four massage pilots there, according to the uses.

So I understand where Commissioner where it's going, and I agree with you.

Any other questions at this time?

We have quite a few more speakers to get through the thank you, Ms.

Moore.

I also have in support as a non-speaker, Larissa Helcher.

Would you raise your hand?

And you are in support.

I have Bill Biesel in support as a speaker, Mr.

Beast.

Would you sp step forward?

And please state your name and your city of residence my name is Bill Beast in Arlington, Texas.

I'm the real estate broker who's been involved in this um land for quite some time.

I do represent Mr.

Hilture, who is the owner.

I have spent hours and days, weeks and years of been working on this project for over 12 years.

Initially I thought it had the potential to be a residential development.

I spoke to just about every residential developers I could.

And this one issue came up at two plus acres, it was not viable.

Just about every uh real estate developer said, Bill if we're gonna go and do a development, we're gonna do have more lots.

So it it has not been.

The two uh I believe it's commercial, the two times it has been under contract, one's for a title company and COVID killed the deal several years ago.

The other one was to for um a person to build a a building, an education building, and she couldn't make the numbers work in the end, and so that killed the deal.

So all I can tell you is it it appears to me that the highest and best use, which is what I I believe in, is a commercial, and it just simply doesn't work for uh residential, at least from all the developers I've I've talked to.

So any questions?

I have one.

Sure.

Since you're a real estate broker.

Uh just from your per your perspective.

This uh house bill that allows uh multifamily to go into neighborhood commercial, community commercial, light industrial, how is that affecting your business?

Well, the reality is that this the state of Texas and many other community want to see more development, more housing development because people are moving in and there just simply isn't is enough housing.

And so it it's it's gonna affect it in the fact that it's gonna bring more housing.

So when you have a customer that uh comes to you and says, you know, I want to market this as neighborhood commercial, or I want to market this as community commercial, or I want to market this as light industrial.

How do you explain to that uh that bus that the property owner how the laws might affect getting passage of that zoning change?

Well, first you have to understand the law.

So that's the first thing.

That's diff that's a difficult question to answer.

Uh I try to do my best to educate them.

I also asked ask them if they would please check to see from their end what they can and can't do for piece of property because they own it, they pay the taxes on it.

Okay.

And so there you go.

So Any other questions?

Commissioner Twinkles?

I did it, didn't I?

Commissioner Winkles.

Sorry.

It's okay.

I signed everything like that.

So I'll probably neither here nor I appreciate the gesture.

Uh question.

So you are the broker.

Has the developer come to you with a potential plan?

Has he come to they have a plan?

The plan is to sell the property to a user that'll develop the property.

Okay.

All right.

Thank you, sir.

Uh are there any other speakers?

Oh, sorry.

Uh Commissioner Blake.

Sir, Mr.

Beastle, if you'd come back to the microphone.

Where?

So just for clarification, and you know, the property as it sits right now, uh, zone residential is worth X.

And if we switch that zoning to commercial, that goes to Y, correct?

Does that increase, decrease the value?

Yes, it does.

Okay.

So in your professional opinion, a good hard corner on a highway with somewhat easy ingress egress, is it a good spot for commercial?

Yes.

So you anticipate that you're going to sell this quicker?

Yes.

Okay.

Thank you.

I think you have one more question.

Don't we?

We have several questions.

So who wants to start?

Commissioner Maddox.

Yeah, I just want to clarify um my previous comments.

Uh I agree that the best and highest use for this piece of property is commercial.

I just want to know what's planned there before we give a car blanch uh okay on it.

Tell me what you're planning on doing there.

Well, what I would see is uh, for instance, as I said, the the first group when it was first uh went under contract, it was for a gentleman to build a title company.

And I believe that and look if you go down uh 20, that's what are on the corners.

That's a great use.

I understand.

That's a great use.

As the title company would be a great use.

We think that it would be a great use for um uh small offices, people that want to own their office, say 1200 foot.

It's a great place.

It's a great place.

I I don't disagree with any of that, but we won't know until somebody comes to us with a plan, is my point.

That that's correct, and it's my job to go out and find that person or that group that wants to do that.

So my point is when you find that person, come back with a plan.

Well, I I believe that there are again, I believe that an office use is for people that wanna have a twelve hundred foot uh uh office office uh space and and want to own it.

I think that's a great use.

That's a great use, and that's what I'm gonna be focusing on.

I understand.

Commissioner Greer.

Yeah, I just wanted to follow up on the on the value of the land.

Would you say that the commercial zone is more valuable than like a multifamily zone?

Would you have a commercial developer pay more for that dirt than uh I believe it's more more yes.

The commercial is probably the highest value you can get there.

Yes.

Well th the two again, the two the two times it's been under contract have been with commercial users.

And in the end, that's what I believe that the use is.

Yeah.

And I think the market, it's not me that determines the market, it's the market.

And that's so far that's that's what it's meant.

So I uh just uh give my thoughts while I've got my mic on.

I I uh I don't think I'm scared of anything in the neighborhood commercial use.

I understand that we like to see exactly what's going on and we want to know exactly every tree and we want to see it all.

But I I think we've as a city have a really good UDC in place that was a lot of man hours spent on it and the staff's done a great job building that.

I think at some point we do have to kind of trust our UDC that there's there's criteria in there to protect you know buffers against residential and and uh um so I'm not as scared of just straight zoning and uh in the in an attempt to attract a user, I think uh to your to your point.

It's gonna be easier to find somebody to go there if you already have some land that's zoned, and they know they don't have to go to that step, they don't have to take that risk.

It's gonna be easier to sell.

That's a huge plus.

That's a huge, huge plus.

All right, thanks.

Commissioner Ware, then Commissioner Blake.

Don't leave.

Well, we got more questions for him.

Okay, we're pushing this for commercial, and it's got one way in and out on Kelly Elliott.

Correct?

Correct.

Well we were here a few a couple meetings ago on a on a situation down on 287 where an apartment complex wanted to go in there because of the problems that they couldn't get uh that commercial folks wouldn't buy it because they couldn't get in and out because of the uh of the um get on ramp that was was there.

Ex virtually the same situation we've got here.

So I'm I'm I'm hearing two stories over a little bit of period of time, and I I don't know.

You've already said you had two, three businesses that were interested in this.

All right.

They were more than interested in they they had they had made a contract on it.

Okay.

All right.

It was still RS 7.2 and they were gonna have to change, correct?

Why do we need to change it now?

You've already had people three times come in that wanted to get on the contract on that piece of land.

Why can't we keep it as is?

RS 7.2 will work with you when you get a buyer that really will come in there, has a site plan, knows what they want to do, and we up here will know what the heck we're getting into.

Okay.

I'm gonna answer that real quick.

The people that I di I use, I I talked to and want to do a development, they don't want to end up having to fight for zoning.

They want to they want to know right now what is the status of this property.

Is it zoned for what I want to buy it for?

They do not for the most part.

I want to say they do not want to have to go through and fight a battle to get the zoning.

That is that's just the way it is in in this business.

That's and yet you've had three that were interested and and ready to sign the contract.

I just I know what I know what can go in there right now.

Right.

Uh nobody's brought me up me a plan.

I'd be glad to I'd be glad to uh work with you on that if you bring me something to work with.

I understand.

I I I'd I like a number of us up here are just don't want to take a chance on the SB 840 taking taking this piece of property because as soon as it gets to be commercial, that next big chunk of land that's probably an acre and a half all by itself comes into play.

You get apartments big enough right then and there that that they would love to build.

So uh I I just feel like your best opportunity for uh getting uh something commercial in there that is offices that's something that's that's uh good for the good for the neighborhood.

Uh I I just think you need to find that person one more time.

Number four maybe a lucky charm.

My comment is that limits me.

And I understand it limits me.

And I understand that.

And I'm gonna move on.

I'm gonna move on to Commissioner.

That's what I'm doing.

I'm limited.

I want to see how good you are.

I'm gonna interrupt this conversation and I'm gonna ask Commissioner Blake to ask his question.

So just a couple questions actually.

So how how long have you been doing real estate?

Uh 45 years.

Great.

All commercial, most of the time.

Commercial?

All commercial.

And so in general, in those you said 45 years, how many times have you come and tried to change zoning while you had a contract on there and lost that deal because it took too long going through the city?

Sir, I can't I don't have the memory to say you have many times over 45 years.

I think more than 10, maybe.

Perhaps.

Okay.

I mean, you're asking me a question that I No, that's okay.

My my point being I I completely understand why you'd want to change it and then go get the contract because as a buyer they may not want to do that.

I just want your clarification.

Thank you.

Thank you.

Any other questions?

Commissioner Carter.

I'm actually good with the neighborhood commercial zoning change.

Uh I think you're right.

It's going to open up uh whenever you get to start to market the property as this zoning currently in place, it's going to open it up to all kinds of scouts that would have never even noticed the property before and get it sold and get something really nice and small built there.

I'm I'm not worried about SB 840 taking over there.

Uh it to me, I just can't imagine uh maybe a row of townhouses at the at the maximum, but other than that, and I don't think it's going to be turned into uh uh a large multifamily because of the lot size and the access.

So really put neighborhood commercial is actually doing the neighborhood a favor.

Like I think it will be a title company.

The next exit down is where a title company did build about maybe your customer that you lost, maybe it was them that built it because right around that time.

But I think it's I think it's a good use for the land, and I think it's a good risk and a good way to uh put it on the all the the market, like you said, put it on their radar and let them they'll they'll find it and buy it much easier.

I agree 100% with that.

Thank you.

Any other questions at this moment?

We still have a lot more speakers to get through.

Okay, very good.

And are there any other speakers in support?

Can I ask a question really quickly?

Please kind of relate to the problem.

If you have a question, go ahead.

And this is a question for Mr.

Gadd.

Is OC is office commercial.

Is that that's excluded from the SB 840 options?

Unfortunately not because the legislature just came up with that weird little laundry list of things that could be SB 840.

So office commercial uh unfortunately includes uh office and then it com and it also includes commercial and those two things are are on the list.

Uh they also for some reason chose warehouse.

Uh so any zoning classification, any commercial zoning classification that allows warehouses, allows office or allows retail or allows uh commercial, which I think is hilarious because commercial is not really a use in of itself.

Right.

But uh any any of those magic words uh would trigger it.

So uh all of our commercial classifications with the exception of IM conceivably would do that.

Okay, because my my next thought with process was like, okay, would we feel comfortable if it was OC, would that eliminate the concern while still allowing us to make it more marketable?

But you answered my question.

Yes, I mean really it's not so much about the uses, it's about the size in this case.

Uh that would limit, I would assume would limit the the the multifamily use.

Oh absolutely, yeah.

But uh if is regarding like massage parlors, stuff like that, of course, you know, your limited office, your office commercial probably still I don't know.

I want to say probably office commercial still has some of those uses.

So I'm trying to think what there was a lesser category that kind of helps us market, but reduces the risk of concerns.

Yeah, I think there's two zoning classifications less intense than neighborhood commercial.

Uh, but unfortunately they uh you'd still have the SB 840 argument.

They still include that.

Great.

Okay, thank you.

Yep.

And I have uh several cards in opposition.

Uh and the first one I have is David Love.

Uh as a speaker, please come forward and you've got five minutes, sir.

Next speaker I'll announce, just get ready is Sharon Love after that.

Okay.

Um thank you all for letting us talk at least on this.

Um my name's David Love.

I live in Arlington, Texas.

My property sits just I'm sorry.

We have the opposite opposite situation here as we had a few minutes ago.

If you could please raise that microphone just a little bit.

I'm normally loud enough, I don't need a microphone.

Yeah, it's really not so much about us, it's just making sure you're broadcast so we can get you on the recording.

That's great.

Um anyway, my property does back up on the extreme west, that last lot that they had that was running perpendicular to the highway, uh, hits my property.

We are getting inundated with water.

Inundated with water every time it rains.

Now, we've been in a drought for the last three years, so it's not been so bad, but I'm not dumb enough to think it's not gonna rain again.

Um that lot was never a problem.

We moved there in 2000.

It was never a problem until they tore down the house that was on that property and started clear cutting the trees and all the underbrush that was on that land, and all of a sudden we had a flood, and my wife will present some photos here in just a moment.

I've been in IT for 35 years.

Every time I've ever had a project to do that didn't have a clear-cut plan, we failed.

We failed miserably.

Mr.

Ware, I I think your middle initial should be B if it's not already.

B whereperty, that last piece of land is a rental home, to my understanding.

So it could be that that property, again, another acre and a half to the 2.7 that's already there, would make a pretty nice apartment complex.

So thank you for for being that way.

And thank you, Mr.

Mandocks, for recognizing that.

We need a plan.

It's gonna be commercial, but we need a plan.

That's all I'm gonna say.

Thank you.

Thank you, sir.

Sharon Love.

Next up after that will be Sam Shanks, so just be ready.

I hope all of y'all got the packet that has the photos in it.

Yeah, these.

Yes, sir.

With all the flood.

The pictures really don't do justice as to how much water we get on our property.

Because I'm not gonna go stand out there in the middle of a rainstorm with it lightning and try and take pictures with my phone.

But we have a definite, definite problem and have had since 2016.

And I have talked with the city, Kevin Charles.

I wish he was still here.

He was one of the contacts that I had back then.

Some of the people are no longer with the city.

So drainage is a huge, huge concern for us because we don't live in a floodplain.

Our insurance doesn't cover the damage every time that we've had to replace flooring or sheetrock.

And we have a basement, so one of our windows in the basement is on the back side of the property, which would be the southwest side.

Um we can't build the window well up high because it would be in violation of fire and code.

It has to be a fire exit.

We have a city stormwater inlet on the east side of the lot.

That works perfect.

We have never ever, and I'm probably cur putting a curse on my head for saying this, had any issues with it.

The city put it in before we move there.

It has always drained, it has always caught the water.

We've never had a backup, never had an overflow.

The issue is from the middle of our backyard all the way west, where we have the water coming in.

And there's some pictures, two pictures in here of my neighbor's driveway next door to us.

The water runs off the back lots, our property onto their driveway.

We cannot build a drainage ditch on the back of our property to try and catch this water.

We have a tele a power pole, telephone pole right in the middle, as you can see in this picture.

And then we have the cables that are securing that pole.

We we can't do it.

I mean, that's the utility easement.

So I'm asking y'all to please not approve this until you have a plan as to what is going to be built there.

Thank you, Ms.

Lowe.

Any questions of this uh speaker?

Thank you.

Mr.

Shank.

Yes, Commissioners.

My name is Sam Shank.

I live in Arlington.

I lived here for over 40 years in the same house for over 40 years.

I am right off of Kelly Elliott Road and Hidden Creek.

I moved into that house when Kelly Elliott Rose was a two-lane road.

I am going to speak to you not so much about the drainage issue, but about the congestion and the safety issue.

When Kelly Elliott Road, as it's been mentioned here, is going to be the only access into that development, whatever it's going to be, is going to come out.

If you look on the map at to where that property starts and where the frontage road is to I-20, the distance there are two lanes going southbound on Kelly Elliott Road.

One of them has to make a right-hand turn onto the frontage road to access I-20 or to go down that that frontage road to the residential houses.

The other lane goes straight across the bridge.

There's only one lane over I-20 off of Kelly Elliott Road.

It is not designed to handle large commercial.

We already have Martin High School down the hill dealing with it.

I don't know what Text Dot is planning on doing with the entrance ramp from Kelly Elliott on I-20.

You know, I don't know at what point that's going to take place where it's going to go down to Green Oaks to exit or entrance.

I don't know.

But if you only have an entrance off of Kelly Elliott Road, the only way you're going to get in and out of there is to cross over traffic that's trying to turn right onto I-20 to get to the southbound lane that goes there.

That's it.

You have one spot to get on, and it's right at the intersection.

It's almost dead.

You know, as soon as you pull out of there, you're going to be at the intersection.

You have no access to run.

When they compared it to other title companies along the frontage roads, yeah.

You have a whole frontage road in front of you that you have commercial buildings on.

You know, that the doctor's offices on Park Springs or the doctor's offices on Pleasant View.

They're all right along the frontage road with another road, you know, running beside them.

This does not have that capability.

This is a landlocked piece of property with limited accessibility, limited ability to handle the traffic that may or may not come out of there.

Plus, you have high school students walking up and down that area that are going to be in you know jeopardy of you know safety issues.

One last thing on the map, I mean I've got drawn out there, sketched out quickly, just sort of the way the traffic flow goes there now.

Like I said, there is no way that you can access that property without crossing over lines from southbound Kelly Elliott, where they're trying to turn or to go straight.

There's no stop sign there.

My car was totaled on Kelly Elliott Road because of the lack of visibility coming up over the hill when they extended it from two lanes to four.

They didn't cut the hill down far enough.

I got the speed limit reduced from 40 miles an hour to 30.

It is not enforced.

You know, when you're talking about police monitoring rental units or whatever, that's not going to happen.

We can't even monitor speed limits.

We're not going to be out monitoring rental properties.

So to have something that we don't know what's going to go in there and look at an approval for it, I think is absolutely ridiculous and you know, short-sighted.

And if you are approving it, I don't know if you would approve it if it was in your neighborhood.

That you know, everybody's quick to say, well, yeah, that's the only use for it.

Well, it's not my fault they bought a piece of property that's zone residential, and now they want to change it to commercial to make it more you know viable to sell.

I'm not in the business of making them money.

You know, your business is to up here uphold the neighborhood integrity, and that neighborhood is all single family homes.

That's it.

You have a gas station on one corner, the uh northeast corner, and you have a gas station on the southeast corner.

That's it.

So that's the end of my presentation.

Thank you, Mr.

Shang.

Um we have a question for you uh from Commissioner Finlay.

Hi, thank you.

Um what I did want to ask is there are there sidewalks down each side of Kelly Elliott?

Yes.

There are sidewalks.

Yeah, they just put those in within the last couple of years, you know, with Mountain High School, and then Kelly Elliott, the bridge going over I-20 used to be four lanes, and they had to create a walkway over it for high school students.

So they reduced you have two lanes coming northbound, one to make a left turn onto the highway or go into that neighborhood, and you have two lanes going southbound once you get over the bridge.

But you just have one single lane northbound and southbound over I-20 with a barricaded walk area for the high school students.

Okay, thank you very much.

Uh Commissioner Carter with the uh the hope and the the that SBA 40 never happens there.

This is actually a very low invasive type of zoning that could happen.

You could in two years' time, five years' time, uh you and your neighbors could get another whole board up here that's has a totally different mind.

So can allow Whataburger or commercial that allows fast food or a new quick trip, a new all kinds of different places could happen.

A mile doctor's office or title company is if that's what was being presented here, and we knew what that was going to be, then I would be you know a lot more likely to not be here in opposition to it.

But when I don't know what's gonna go there, and you're telling me what could possibly happen down the road, yeah, anything can happen, just like anything can happen once you give them this zoning.

Right, but you know, it's not gonna be a light commercial, right?

This neighborhood commercial though, zoning is is very limited on what it can be and what it or what it could have been on other corners like fast food or quick trip.

Right, but it also we've already talked about the adjacent property possibly coming up for sale, them being able to do it with the Texas loophole for multifamily properties.

My thing is there's limited accessibility.

I don't care what you're putting in there, you have limited access to it, and now that you don't even have access off of the frontage road based on what they have told us, but what Text Dot is saying, you can't access it off of that frontage road.

The only place you can access it is off of Kelly Elliott Road, and right now the only place you can access it off of Kelly Elliott is so close to the traffic light that you're gonna have people trying to get in and out of there bottlenecking it up with the people trying to maneuver the traffic light.

Thank you.

I appreciate your feedback on that.

Thank you, sir.

Okay.

Uh Commissioner uh Winkle.

Just ask one question.

Yeah.

Have you guys been staying in the loop?

It sounds like you're very interested in what's going on on this property for more than one reason.

One, it backs up to your homes, and two, it's causing some flooding issue.

But you talked about traffic.

We did just address another commercial property situation where traffic was a concern to the neighbors, but some of what we're you're not experiencing it just as much yet because Techstot hasn't moved the construction from their major part of the Southeast Court connector to that area where they're going to change your access lane.

It's no longer going to be two ways, it's going to be a one-line road.

So there are going to be some changes there that's going to impact the egress and access along 20.

And yes, the city's going to have to make some changes to that bridge and things like that in coordination with TechSoup.

I don't know how Text Dot is not going to have that not be two lanes coming back and forth because you're it can't be.

That's just their code.

I don't know how they're going to do it because you have not just four houses down there, you have an entire residential community.

No, often you have to go to Green Oaks to circle back.

There's no access to Green Oaks.

Yeah.

There's no access.

It will be the only access is a gate through our community.

Correct.

It was put up when it was when they added that community.

Our stipulation was you can build that community, but you're not going to have access to our development.

So they put up a gate, it's monitored by the fire department.

The fire department comes out when it's freezing, and we have the roads closures, we can't get out the other way.

We can't get out the other way.

They'll open the gate up.

Yeah.

And the fire department can come in.

Yeah, I'm just gonna suggest that one of the things that you do take some time because it sounds like you're very passionate about your neighborhood, and I love that.

Take some time to visit some of the meetings and visit some of the communications that are coming out by Textot about the Southeast Connector Corridor.

Okay, because that is going to affect that effect that access road along green along the I-20 corridor heading west towards Green Oaks.

When is that gonna happen?

Well, the project's a nice 20-year project.

But TechStot works really quick, apparently.

Yeah, yeah, yeah.

So you I may or may not be around to see.

I hope you live long enough to see it.

No, actually, we we want, I mean, the quarter project is moving rather quickly, and it's a very good project.

And I made that comment as I was driving on it yesterday when the traffic flow changed.

You were driving or sitting.

No, I was driving.

But the traffic flow had changed, and so it's amazing to me how fast they open up lanes.

And so I think that that some of that creates an inconvenience to our communities because we have been, and we still have that closed feel of a community, but that does affect us.

So I I'm not disputing what you're saying there, but my thing is doesn't have anything to do with Text Dot or I-20.

It has to do with this one parcel on the corner of Kelly Elliott and I-20 with its only access right off of Kelly Elliott Road.

The fact that we have no idea what you know is gonna go in there, there's no plan, there's no things here that they're proposing.

When I would build a house, I couldn't go to the city and say, I'm gonna build a house over here and give me a permit.

Right, respectfully.

They want to they want to see that they want to see all the drawings, they want to see everything.

So you're holding your hand, I'm gonna go.

Mr.

Shane.

Thank you.

I really appreciate you coming out.

Thank you.

Uh Becky Hearn.

Ms.

Hearn, your name and city.

My name is Becky Hearn, and I'm live in Arlington, Texas.

Thank you.

And I'm here to oppose this zoning change.

Our home is immediately adjacent to the subject property.

And these houses have been there for 25 years.

I've sold real estate in Arlington residential for 29 years.

I understand that this property probably eventually will go commercial, and that is the best use for it.

But hearing some of this again or tonight about how those two those pieces could be adjoined down the road, that's even more concerning than I had even got that far with yet.

Um we're gonna have enough issues just with our decreases in property values, I think, backing directly to that when it goes commercial.

So I don't know.

I I'm asking, do not approve this change until there is a plan for what will go there.

And at a minimum, if it does move forward, I ask that you have strong protections for the adjacent homeowners, including substantial buffering, strict lighting controls, limited hours of operation, and definite engineered drainage measures.

We also have had significant drainage problems after we bought our house in uh May of 2021.

The first big rain, I was out trying to keep water from coming in the house.

We've we've had very much undisclosed drainage problems when we bought that place.

So we've spent thousands of dollars on that correction, and if you know some commercial property goes there, that's going to be more pavement, more runoff for all of those houses down in there.

So that's my concern.

Thank you.

Thank you.

I have Julia and Robert Bondra as non-speakers.

Uh and you're in opposition.

Are you here?

Okay.

Okay, thank you.

Dwayne Pace.

Uh I have listed as a speaker, but it doesn't say whether you're in support or opposition.

Please come forward.

My name is Dwayne Pace.

I actually live in Sagalonville, Texas, but I own the property due west of this property here.

Okay.

Is when we moved there.

I was 13 years old then.

I inherited that that property a couple years ago.

Uh I heard you mentioned something about a forest farm.

We've always had horses there up to about a year and a half ago.

But it wasn't a farm, it was personal horses.

When we moved out there, there was nothing out there.

It was the country.

The nearest grocery store was Mowland and Parko, whereas it was a safe way back then now, so a ton of we used to ride horses about recyclers all through that whole area.

I am definitely opposed to an apartment complex going there.

I don't know if you can limit that or not.

Uh you know, if it does go commercial, I would like to add my piece of property to go commercial as well.

I have right at 1.7 acres there.

We should make the total right at 3.4 somewhere in there.

Uh I say family uh property for 44 years.

I mean 47 years.

And I hate to say it go.

But you know, if if it went commercial, I don't want to live there, you know.

Uh I don't live there.

I have I personally have lived there several years.

My mom lived there and my daughter lived there.

I'm actually in the process of renovating that home uh for my daughter, but if it goes commercial, then I would very well consider selling it.

So with that said, I don't know if I'm really opposed to it or in opposition to it.

I'm you know, it it could go either way with me.

You know, I hate to see that property go because it's you know I grew up there, you know.

But uh Mr.

Commissioner Blake has a question for you.

Sure.

I I have a thought, and and our attorney will correct me whenever I speak wrong here shortly.

But if you truly have the desire to make sure that that property does not end up as multifamily, I believe when you sell it, you could put that in the covenants so that it would not be able to be used as multifamily.

But would be able to be used as commercial.

Is that an accurate statement?

Or can you correct me on that statement?

Well, unfortunately, you can deed restrictions are not enforced by the city.

So any covenant you placed on your own property, the only person that could enforce that would be yourself.

Uh so to have an enforceable covenant, uh you'd have to you'd have to make it in favor of somebody else.

So literally you would burden this one piece of property with the covenant and you'd give the rights to like the neighborhood behind it, and then that neighborhood could then sue.

But keep in mind that uh that's just you're just creating a legal battle between people.

Fair enough.

Let me ask you this if I may.

If they decide to make it where it could be multifamily too, we both agree with that on that with that.

I I wouldn't be surprised if when you walk away from that microphone, sir, that uh the gentleman over there that's wanting to market the property and the other owners back there that want to develop the property wouldn't ask you to talk to them for a couple minutes.

Yeah.

I say because I mean once I sell, it doesn't really matter, but it does matter to me.

I would hate to see apartments there.

I would hate to see apartments right there.

I guess.

Well, you'd be in Saginaw, so you wouldn't see them.

No, but I have family all in that whole area.

I mean, I'm I'm over there very I'm going there when I leave here, matter of fact.

But I know if it goes zone commercial, you can't limit to what it can be and cannot be.

You can't that that's actually exactly part of the discussion this evening.

Is there such thing called a plan development where there would be a plan, and I think some of the opposition is asking for something like that.

But I think the owner of the property and his agent that is here is hoping to market it uh to be sold with straight zoning, and that's what the request is, and that's what's being considered tonight is straight joke zoning, which wouldn't have any restrictions.

Okay.

And one other thing about the drainage on the far south west corner of my property.

There is a huge drain there that the city put in whenever we used to have a second system there, and the city came in and put water there there 25, 30 years ago.

So I don't go stay while the people behind this are having flooding issues.

I mean, it it drains well over there.

Very good.

Any other questions?

Thank you, sir, for coming tonight to speak.

There are any other speakers here tonight that have not had a chance to speak.

With that, I'll give the applicant an opportunity to rebut any of the opposition.

Ms.

Moore, if you would step forward.

Yes, thank you.

I will be quick and brief.

Um, first of all, in response to the drainage, this conversation tonight is a land use decision.

Any project before you break ground has to go through an engineering review and a plotting process where all of those things are worked out.

We'd hope to provide those uh landowners with some information to come and help guide them to actually solve their problem.

It is a publicly owned storm drain system, and so there are some remedies that could go into effect now to help them with their issue that are not related to this land use discussion.

Um I think someone mentioned the possibility of this becoming a gas station once again under neighborhood commercial, that is not an option for this to be that type of use.

Um but then also too, I want to I want to kind of circle back up to that thought process.

Um and y'all had asked, Mr.

Beasle about you know, having a specific use and taking having that one individual take that risk for zoning.

Um y'all, this is hard.

This is hard.

Do you I hope that y'all can see that this is difficult?

And for someone to come in and spin, I will tell you it costs 150 to 200,000 to do a PD with all of the deliverables for a risk and not get your zoning.

That's the marketing piece that I think that sometimes we miss and we forget to add those costs.

That could all those dollars for a specific developer to come in here to do an office use is at risk until you decide that it's okay.

That is difficult for a small developer who wants to build one office to come in and take that risk.

That's why Mr.

Beastle and the landowner are advocating for a change in straight zoning in which you know what you're going to get out of that list.

He's told you what he wants to market it as to help eliminate that risk because a plan development almost makes it cost not cost effective to come in here and take a risk because this is hard.

And two going through, I would like to ask you the question if you could take SB 840 off of the table.

If it wasn't a thing, it wasn't a discussion, how would you vote tonight?

Because what I've heard is this is the highest and best use.

This makes sense at this corner.

There are provisions in place to protect all these things.

We're going to address the drainage when it gets to a development thing.

So what if you could take the SB 840 off the table and it wasn't a thing?

Because we have no idea what legislature is going to do year over year, right?

That is speculation, just as it is now, speculating that someone could come in here and say that we can take three acres and make it multifamily.

Speculation.

What would you vote?

The highest and best use, what works at this corner for neighborhood services to support the neighborhood as it already is.

And that's what I kindly ask you is to take all that into consideration when you take your vote tonight.

Thank you.

Thank you.

Any additional questions of the applicant?

Commissioner Mavdocks.

I agree with Ms.

Moore.

It is a risk.

The land development is a risky game.

It's high risk, high rewards.

That's why people do it.

I have uh a problem with uh not knowing what's going be developed.

I mean, we do plan developments all the time.

All the time.

I mean, I'm looking at the permitted use, and again, there's nothing that says that uh we couldn't have up three gun stores and uh three or four massage piles.

That's in the permitted use.

Yes, that's in the permitted use.

So for me to say that it's okay to just you know you can change it without a plan.

I can't do that.

I'm sorry.

I need a plan.

Maybe that's the engineering me.

I need a plan.

Commissioner Finlay.

I totally agree.

Um we have very little vacant land in Arlington.

And I understand it's difficult to come in here and get a straight zoning without a plan.

However, if you are dedicated and want to build in this city, I think you have to take into consideration that, hey, we have certain criteria that we want.

And we're not just gonna say, okay, we're just gonna give you any kind of thing that you want to to just plop on this piece of land.

Now, number one, I'm concerned about the traffic situation because of the stacking that can happen at Kelly Elliott and the frontage road.

There is going to be stacking there.

And I don't know how I mean without Brandon here, I don't know how much of a stacking issue that would cause as far as a traffic impact analysis or anything like that.

But there's very little space between the frontage road and what looks like the ingress egress of where you would have to go into this property and come out.

So that's a concern for me.

The the actual ingress, egress, and the stacking of cars that are trying to get out onto the frontage road on 20.

Um the drainage for the neighborhood.

Obviously, these people have lived in these homes for a very long time.

They have dealt with drainage issues since they scraped the land.

And depending on how much concrete parking, that sort of thing, if we knew those things, we might not have as much of a problem.

But we don't.

We don't know if you're going to put a restaurant in there with a bunch of parking, um, or if you're going to put an office building in.

We just don't know these things.

And I understand it costs a lot of money to do a plan development.

But you know, if if you're interested in building an Arlington, I think it's worth the risk because it is a good city.

And we do have that corner.

I do believe that it the best use is for um neighborhood commercial.

I do believe that.

But I'd also like to ask you, if you do this project, that you get involved with the neighborhood, let them talk to you, talk to them, and and explain how these processes go.

Because too many times developers come in here, get their get their projects going, and you know, tear up people's fences, and you know, seriously.

And it goes on and on.

So I would ask you if if you do get this project through, uh your zoning, that you work with the neighborhood, be a good neighbor to them, because they've lived here.

They've paid their taxes, and they deserve that.

So those are my those are my 10 cents worth, 50 cents worth, whatever.

But I'm sorry, I cannot support this project tonight without a plan.

I need to see a plan.

Commissioner Ware.

Um carry on a theme, uh, I guess here on the You can't wish away SBA 40.

So Nandy Don says if Fs and Butts were candy and nuts, what a wonderful Christmas we'd have.

That's not it won't go away.

It's there.

And it ha it does come into play, and you stack that on top of the traffic situation there.

These four folks uh having having drainage problems.

There's too much to be worked out there for me.

For me to change the zoning uh uh at this time later with a plan.

Uh I would I would be much more comfortable.

And that gentleman sitting back there that owns the other piece of property could make a whole lot of difference on this.

So I I just uh I see too many problems at the moment to make the change.

Commissioner Blake.

Since we're all giving our opinions, I'll give mine.

Um we in Arlington have to make it easy for businesses to survive and come here.

And putting 200,000, $50,000 for any developer on the line to have a maybe is not a winning proposition.

And for us to be able to move forward, sometimes we have to make hard decisions.

My vote will be yes, but I want to make it very clear to everybody that wants us to vote no, is regardless of if we put residential in there, if we put an apartment, which I do not want there, but if we put neighborhood commercial or a gun store or whatever the case.

The city is going to make sure that the engineering studies are done, and we will that property will address some of your drainage issues.

That's part of the engineering, that's part of it.

So if the drainage is coming elsewhere, that property is not going to make a difference.

But if that property is part of the problem with the engineer or with the flooding, whenever they do the engineering studies, they will make sure that that's either held in a retention pond, that that's draining off to a different direction, but they're going to do something that can potentially help your neighborhood.

So that's one of those tough decisions that maybe on the surface doesn't seem right that could potentially help you.

I hope that puts your mind at ease.

But I did take your call, and I do understand, trust me, I understand about drainage issues in Arlington.

I I have my own.

But I wish you all the best, and I really don't know how this is going to go, but I am voting yes.

Any comments on this side of the dies.

Commissioner Greer.

I'll just say my piece too.

I think kind of I mentioned it before, but uh, you know, there is a lot of talk about we don't know what's going in, but but that's not true.

We we have it limited to permitted uses, and there really isn't anything in this list that scares me.

Yeah, a massage parlor and a gun store, like is that really that bad?

I mean, that's still a commercial use.

Um, and also they are, yeah, there are some traffic issues, some concerns, some drainage concerns.

But like uh uh Commissioner Blake indicated, like that's that's why we have a UDC, that's why we have a design criteria manual.

That's why we have a you know, top-tier city staff is to make sure you know a lot of those concerns are mitigated, and that's gonna happen no matter what goes in there.

That's gonna be that's gonna be looked at very closely.

Um then on the SB 840, again, I think staff did a great job, and we did a great job as a city putting other criteria in place to discourage that going.

And I I'm 99% sure that we're in and I may live to regret this, but I know of lots of people that have looked at sites in Arlington and and tried to make it work, and it just does not pencil with a six-story building made out of steel with the parking and the density, it just does not work with the with the uh um the additional criteria that we passed.

So I'm I'm not worried too much about this coming in and being apartments on here.

I think the the best use here is commercial.

I think we've all said that.

This is a hard corner on a highway.

Neighborhood commercial is is the you know the best fit there.

I mean, if it was community commercial, I'd be way more concerned.

But neighborhood commercial, I think is is the best fit here.

And yeah, would I like to see a plan, a PD?

That would be great.

I would love that.

I think we all would like to see exactly what's going on and have all the studies done, but um for a two-acre hard corner on the highway, neighborhood commercial.

Um I'm I'm inclined to inclined to vote yes.

I'm gonna officially close the uh public hearing.

Uh and I'll make um uh uh my own comment.

Uh I'm being whipsawed back and forth because uh the economic reality of building a multi-story six-story, because that remember this is a main arterial.

You're gonna have to if they if someone's gonna take this land and and use the the state law, and unfortunately, that is the environment we live in.

We live in a new environment where the rules have changed, and not only do commissioners have to be aware of the new environment, but the developers and and the builders, they all have to be aware of the new environment.

And the state legislature created this environment for us, and we have to deal with it.

And so part of the fear is yes, 840 could could be invoked here.

The other fear I have is quite frankly, the bomb that was dropped here by our our guest uh one of our speakers tonight.

Hey, I own this land, and uh, you know, I'm maybe thinking of selling it, and I may or may not want apartments on it.

Well, you know, who knows?

But that's a bomb.

And unfortunately, Commissioner Greer, I would probably vote yes, except for the bomb that was dropped here tonight and exploded, because that piece of land could then be incorporated, and that whole corner could really do something else entirely.

Because now is it is six stories in steel now viable at that corner with that much land?

I can't answer that question because I'm not an expert.

I don't know the answer to that.

And because I don't know that, then the only thing I have to do is to trust.

That's another word that I wrote down here and I circled.

There have been times I have voted for small developers not to have to go through a PD because I trusted them.

And that trust is sometimes paid off.

And I will tell you, folks, I can remember times when that trust did not pay off.

And they didn't do what they said they were going to do, and something else came in.

Trust is a tough currency when you're dealing with these issues.

But I have to be concerned about the neighborhood integrity.

I just can't, because of the bomb that was dropped.

If it weren't for that, I think I'd be voting yes.

Because now there's a whole lot of economic uncertainty.

So with that, I have a motion to approve by Commissioner Blake.

I have a second by Commissioner Winkles.

Commissioner Blake, would you please state your motion?

Like to make a motion to approve ZA25-6, 4232 Kelly Elliott Road.

Commissioner Winkles, is that your second?

Yes, sir.

Cast your votes.

Excuse me, four to four of tie, and the uh there's uh well the abstention is not noted.

We do have one abstention.

Uh so it's four four with an abstention.

Motion fails.

With that, um I think that's the last case for this evening.

Yes, it is.

Another case was cancelled.

Are there any reports from boards, commissions, or liaisons?

No, sir.

Any uh announcements from staff or do any of the commissioners have any announcements?

Just to let you know, we'll have three zoning cases next time around.

Finally, I want to remind everyone that our next regular session will be on Wednesday, February the 18th, 2026 at 5.30 p.m.

with the work session to precede that, but the time is pending.

With that, we are adjourned and thank you very much.

Thank you, Lisa.

So the convert in the mejor lava to serve a lava platto para convertir una persona de confianza.

Andros clients confian in nosotros anders.

When I decided to have the company, my uncle capital era my target of the biblioteca de Arlington.

I imprimito los papeles, isn't me my folder that those documents were in the biblioteca.

And so the biblioteca de Arlington y Arlington se converti in lacuna in donde yo soñaba con mi sueño americano.

Miami Eric and Trip City.

Soy Maria Allen and vivo my sweet Americano.