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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Carrollton Planning & Zoning Commission Meeting, November 5, 2020

Planning and Zoning Commission — Thursday, November 5, 2020

BodyCarrollton, Texas

SessionPlanning and Zoning Commission

DateThursday, November 5, 2020

StatusFILED

Video Record

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Transcript — Verbatim

Speaker numbers apply only to this recording.

Speaker 1

0:00

Ladies and gentlemen, please silence your cell phones and other devices.

0:03

I call this meeting to order at 7.03 p.m.

0:07

This is November 5th, 2020 meeting of the Planning and Zoning Commission of the City of Carrollton.

0:13

This commission consists of nine members, all of whom are present tonight.

0:18

This commission has final authority on certain items and advisory role on others.

0:23

In the case of advisory items, our recommendation for denial will be considered by the city council if the applicant appeals our decision in accordance with the city ordinance.

0:34

We conduct our business in accordance with the posted agenda, copies of which are in the lobby outside these chambers.

Unassigned speaker

0:41

Speaker 1

0:41

accordance with the state opens meetings act, the planning and zoning commission is restricted from discussing or taking action on items not listed on the agenda.

0:51

The public may comment on items listed on the agenda for planning and zoning commission consideration except for public hearing items.

0:59

If you wish to comment on agenda items, please complete an appearance card located on the table at the entrance to the city council chambers.

Unassigned speaker

1:08

All

Speaker 1

1:08

of the items on the agenda under the heading public hearings will be considered individually, beginning with the applicant's case presentation.

1:16

After any questions from the commission of staff and the applicant, we will ask if there is anyone present who would like to speak on the case.

Unassigned speaker

1:23

Speaker 1

1:23

you would like to speak at that time, please come forward to the podium, give your name and address for the record, and make your comments to the commission.

1:32

When everyone has had the opportunity to speak, we will allow the applicant to make any closing comments.

1:38

At that time, we will close the public hearing, and there will be no further opportunities to speak except at the specific direction of the commission.

1:48

The public hearing portions of certain cases considered tonight are intended to be an opportunity for the public to be heard by the commission.

1:56

Since the commission is intended to listen, they generally do not reply to public comments.

2:03

After the public hearing is closed, the commission will conduct any discussion and action as appropriate.

2:10

And with that, the first item of business is the approval of the minutes of the October 1st, 2020 meeting.

2:19

Does anyone have any discussion or a motion on agenda item number one?

Unassigned speaker

2:27

First

Speaker 1

2:27

Vice Chair Chadwick.

Speaker 2

2:30

Thank you, Mr.

2:31

Chair.

2:31

I move that we approve the minutes of the October 1st, 2020 Planning and Zoning Commission as presented.

Unassigned speaker

2:40

Speaker 1

2:40

there a second?

Unassigned speaker

2:44

All

Speaker 1

2:44

right, motion to approve motion made by first Vice Chair Chadwick, second by Commissioner Romo to approve the minutes of the October 1st, 2020 meeting.

2:57

Any discussion?

Unassigned speaker

2:59

And

Speaker 1

2:59

then we'll go to a vote.

3:13

Yeah, there you

Unassigned speaker

3:14

go.

Speaker 1

3:18

Motion passes unanimously 9 to 0.

3:25

Next item on the agenda is agenda item number two, case number PLSUP 2020-126, 6 studio at Mustang Ridge.

3:38

And that will be presented by case coordinator Michael McCauley.

Unassigned speaker

3:42

Thank

Speaker 3

3:42

you, Mr.

3:43

Chairman, members of the commission on Mike McCauley Development Services.

3:49

This item tonight is a request for a special use permit to allow a tattoo parlor on an approximately 7.2 acre site located at 4425.

4:00

Plano Parkway, which is basically the southeast corner of Maverick and Plano Parkway, the property zone PD 125, or rather Plan Development 175, rather,

Unassigned speaker

4:11

uh,

Speaker 3

4:12

for the local retail to zoning district.

4:16

Our zoning ordinance identifies two classes of authorized usage, those permitted by right and those permitted by benefit or with the approval of a special use permit.

Unassigned speaker

4:29

There

Speaker 3

4:29

are many uses allowed in the local retail district by right, but this use is only allowed by right in the heavy commercial districts and also in the local retail district, but only with a special use permit.

Unassigned speaker

4:45

The

Speaker 3

4:45

tattoo parlor, which includes permanent makeup as well as microblading.

4:50

It's currently located in Addison.

4:53

The applicant's intent is to relocate to Carrollton in the near future.

Unassigned speaker

5:00

Part of staff's review of the applicant's request, we discover that there's no known violations with the city of Addison.

Speaker 3

5:10

The tattoo parlor will occupy one of the suit in one of the multi-tenant buildings within this 7.2 acre site.

5:21

Because the business will be fronting on an arterial roadway, Planal Parkway, and have other multi-tenant buildings between it

Unassigned speaker

5:30

and

Speaker 3

5:30

the residents to the south.

5:33

Staff believes the use should not be detrimental to the surrounding properties.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████60%

Business Licensing█████████12%

Procedural████████10%

Public Safety█████7%

Public Engagement█████6%

Traffic Management██3%

Youth Programs█1%

Public Health█1%

Summary of Proceedings

Carrollton Planning & Zoning Commission Briefing and Regular Meeting – November 5, 2020

The Planning and Zoning Commission met on November 5, 2020. A briefing session was scheduled for 6:15 p.m. for iPad training, oath of office for new members, and staff presentations on agenda items; no public testimony was allowed. The regular meeting was called to order at 7:03 p.m. and adjourned at 8:41 p.m., with all nine commission members present.

Consent Calendar

Approved the October 1, 2020 meeting minutes unanimously (9–0); motion by First Vice Chair Chadwick, second by Commissioner Romo.

Public Comments & Testimony

Item 2 – Six Studio tattoo parlor SUP: Numerous residents and neighboring business owners spoke in opposition, including Hank Pearson (4161 Bronco Blvd), Janie Burkett (4656 Bronco Blvd and business owner at 4425 Plano Pkwy), Mark Pruitt (owner of Strategic Estate Planning Services), Reese Newman (2313 Bronco Blvd), Alan Jones (4684 Man o War Rd), Jacob Burkett (4649/4656 Bronco Blvd), and Johnny Huang (2420 Mayor Rd, Kelton). Their stated concerns included proximity to Hebron High School and residential subdivisions, property-value impacts, traffic/circulation, the office-park character of the development, potential precedent for other LR-2 uses, loss of assurances given to office buyers, and safety/clientele concerns. Several speakers urged denial.
Item 2 support: Samantha Rollins, sales manager for SHB Development, spoke in favor, stating the developer remains involved, the condo association restricts signage (sign would say only “Six Studio”), unit occupancy is capped at eight, and the use would fit the appointment-based office-park environment. Carrie Shannon and Hannah Mullins were also recorded in support.
Item 3 – Carrollton MRI buildout/Legent Orthopedic Hospital: Kenneth Johnson (5007 Haven Sideway, Mansfield, TX) spoke in favor.
No public speakers appeared for Items 4 or 5.

Discussion Items

Item 2 – PLSUP 2020-126 Six Studio at Mustang Ridge: Staff requested a Special Use Permit for a tattoo parlor on an approximately 7.2-acre tract zoned PD-175 for LR-2 Local Retail at 4425 Plano Parkway. The applicant planned to relocate from Addison, occupy one suite, and operate by appointment only. Staff recommended approval with stipulations limiting the SUP to one tattoo parlor, limiting it to a suite fronting Plano Parkway, limiting the business to approximately 1,500 square feet, and restricting hours to Monday–Saturday 12 p.m.–6 p.m. and Sunday 2 p.m.–6 p.m. The applicant described its current/planned hours as Monday–Saturday 1 p.m.–6 p.m. and Sunday 2 p.m.–6 p.m., and said the new unit was about 1,200 square feet. During discussion, staff confirmed the SUP and its conditions travel with the land, and that the SUP can be revisited if violations occur.
Item 3 – PLSUP 2020-131 Carrollton MRI Buildout: Staff and applicant requested amending SUP No. 413 to allow an approximately 1,100-square-foot MRI addition to the existing Legent Orthopedic Hospital site at Trinity Mills Road and McCoy Road. Architect Kyle Marquis described the hospital’s need for the addition. The addition would replace a mobile MRI unit, allow patients to access imaging from inside the hospital, close a driveway near the emergency entrance, and include matching architecture, revised sidewalks/curbs, and an interior entrance; landscaping would remain the same. Staff recommended approval with conditions.
Item 4 – PLSUP 2020-081 Automotive Repair & Maintenance: Staff recommended approval for an auto repair garage on an approximately 1.5-acre tract zoned PD-124 for LR-2, along the west side of S.H. 121 about 180 feet north of Hebron Parkway. The proposal would modify the former Quaker Stake and Lube building with a new bay door on the south side and facade changes. Stipulations included prohibiting damaged vehicles between the building face and public streets and prohibiting bay doors facing a public street.
Item 5 – PLZ 2020-130 Valwood I-35 LTD PH2: Staff recommended approval to rezone a 14.72-acre tract at 1815, 1825, 1841, and 1875 Monetary Lane from FWY Freeway District to LI Light Industrial with a Planned Development for modified site design standards. The applicant stated an Encore easement prevented additional landscaping in the required buffer because landscaping is prohibited within 35–50 feet of the easement centerline, which ran through the buffer.
Item 6 – PLST 2020-125 Subdivision Ordinance Text Amendments: The proposed amendments would modify easement-related provisions, sidewalk waiver provisions, and add a definition for conveyance plat. Staff asked that no action be taken and that the item be re-advertised and brought back in one to two months after additional information was added; no date certain was set.
Item 7 – PLZT 2020-113 CZO Text Changes: This item, concerning amendments to Article XXI Special Use Permits related to child day care centers, communications towers, private elementary and secondary schools, and amendments of SUPs, was withdrawn by staff to be re-advertised and returned at a later date.

Key Outcomes

Consent Agenda: Approved minutes of October 1, 2020 (9–0).
Item 2: A motion to close the public hearing and approve PLSUP 2020-126 with staff stipulations failed 4–5. The failed motion constitutes denial; staff noted the applicant would have 10 calendar days to request an appeal to City Council.
Item 3: Motion to close the public hearing and approve PLSUP 2020-131 with staff stipulations passed unanimously (9–0).
Item 4: Motion to close the public hearing and approve PLSUP 2020-081 with staff stipulations passed unanimously (9–0).
Item 5: Motion to close the public hearing and approve PLZ 2020-130 with staff stipulations passed unanimously (9–0).
Items 6 and 7: Withdrawn/continued; no action taken.
Election of Vice Chair: Commissioner Denholm was nominated by Commissioner Romo and elected Vice Chair.
Staff Reports: Staff reported that the MetroCress services zoning case approved by the Commission the prior month was approved unanimously by City Council on October 27, and that training would be provided at the December P&Z meeting. The Chair welcomed new Commissioners Merriman and Carpenter and the alternate.

Meeting Transcript

Ladies and gentlemen, please silence your cell phones and other devices. I call this meeting to order at 7.03 p.m. This is November 5th, 2020 meeting of the Planning and Zoning Commission of the City of Carrollton. This commission consists of nine members, all of whom are present tonight. This commission has final authority on certain items and advisory role on others. In the case of advisory items, our recommendation for denial will be considered by the city council if the applicant appeals our decision in accordance with the city ordinance. We conduct our business in accordance with the posted agenda, copies of which are in the lobby outside these chambers. In accordance with the state opens meetings act, the planning and zoning commission is restricted from discussing or taking action on items not listed on the agenda. The public may comment on items listed on the agenda for planning and zoning commission consideration except for public hearing items. If you wish to comment on agenda items, please complete an appearance card located on the table at the entrance to the city council chambers. All of the items on the agenda under the heading public hearings will be considered individually, beginning with the applicant's case presentation. After any questions from the commission of staff and the applicant, we will ask if there is anyone present who would like to speak on the case. If you would like to speak at that time, please come forward to the podium, give your name and address for the record, and make your comments to the commission. When everyone has had the opportunity to speak, we will allow the applicant to make any closing comments. At that time, we will close the public hearing, and there will be no further opportunities to speak except at the specific direction of the commission. The public hearing portions of certain cases considered tonight are intended to be an opportunity for the public to be heard by the commission. Since the commission is intended to listen, they generally do not reply to public comments. After the public hearing is closed, the commission will conduct any discussion and action as appropriate. And with that, the first item of business is the approval of the minutes of the October 1st, 2020 meeting. Does anyone have any discussion or a motion on agenda item number one? First Vice Chair Chadwick. Thank you, Mr. Chair. I move that we approve the minutes of the October 1st, 2020 Planning and Zoning Commission as presented. Is there a second? All right, motion to approve motion made by first Vice Chair Chadwick, second by Commissioner Romo to approve the minutes of the October 1st, 2020 meeting. Any discussion? And then we'll go to a vote. Yeah, there you go. Motion passes unanimously 9 to 0. Next item on the agenda is agenda item number two, case number PLSUP 2020-126, 6 studio at Mustang Ridge. And that will be presented by case coordinator Michael McCauley. Thank you, Mr. Chairman, members of the commission on Mike McCauley Development Services. This item tonight is a request for a special use permit to allow a tattoo parlor on an approximately 7.2 acre site located at 4425. Plano Parkway, which is basically the southeast corner of Maverick and Plano Parkway, the property zone PD 125, or rather Plan Development 175, rather, uh, for the local retail to zoning district. Our zoning ordinance identifies two classes of authorized usage, those permitted by right and those permitted by benefit or with the approval of a special use permit. There are many uses allowed in the local retail district by right, but this use is only allowed by right in the heavy commercial districts and also in the local retail district, but only with a special use permit.

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Carrollton Planning & Zoning Commission Briefing and Regular Meeting – November 5, 2020

Consent Calendar

Approved the October 1, 2020 meeting minutes unanimously (9–0); motion by First Vice Chair Chadwick, second by Commissioner Romo.

Public Comments & Testimony

Item 2 – Six Studio tattoo parlor SUP: Numerous residents and neighboring business owners spoke in opposition, including Hank Pearson (4161 Bronco Blvd), Janie Burkett (4656 Bronco Blvd and business owner at 4425 Plano Pkwy), Mark Pruitt (owner of Strategic Estate Planning Services), Reese Newman (2313 Bronco Blvd), Alan Jones (4684 Man o War Rd), Jacob Burkett (4649/4656 Bronco Blvd), and Johnny Huang (2420 Mayor Rd, Kelton). Their stated concerns included proximity to Hebron High School and residential subdivisions, property-value impacts, traffic/circulation, the office-park character of the development, potential precedent for other LR-2 uses, loss of assurances given to office buyers, and safety/clientele concerns. Several speakers urged denial.

Item 2 support: Samantha Rollins, sales manager for SHB Development, spoke in favor, stating the developer remains involved, the condo association restricts signage (sign would say only “Six Studio”), unit occupancy is capped at eight, and the use would fit the appointment-based office-park environment. Carrie Shannon and Hannah Mullins were also recorded in support.

Item 3 – Carrollton MRI buildout/Legent Orthopedic Hospital: Kenneth Johnson (5007 Haven Sideway, Mansfield, TX) spoke in favor.

No public speakers appeared for Items 4 or 5.

Discussion Items

Item 2 – PLSUP 2020-126 Six Studio at Mustang Ridge: Staff requested a Special Use Permit for a tattoo parlor on an approximately 7.2-acre tract zoned PD-175 for LR-2 Local Retail at 4425 Plano Parkway. The applicant planned to relocate from Addison, occupy one suite, and operate by appointment only. Staff recommended approval with stipulations limiting the SUP to one tattoo parlor, limiting it to a suite fronting Plano Parkway, limiting the business to approximately 1,500 square feet, and restricting hours to Monday–Saturday 12 p.m.–6 p.m. and Sunday 2 p.m.–6 p.m. The applicant described its current/planned hours as Monday–Saturday 1 p.m.–6 p.m. and Sunday 2 p.m.–6 p.m., and said the new unit was about 1,200 square feet. During discussion, staff confirmed the SUP and its conditions travel with the land, and that the SUP can be revisited if violations occur.

Item 3 – PLSUP 2020-131 Carrollton MRI Buildout: Staff and applicant requested amending SUP No. 413 to allow an approximately 1,100-square-foot MRI addition to the existing Legent Orthopedic Hospital site at Trinity Mills Road and McCoy Road. Architect Kyle Marquis described the hospital’s need for the addition. The addition would replace a mobile MRI unit, allow patients to access imaging from inside the hospital, close a driveway near the emergency entrance, and include matching architecture, revised sidewalks/curbs, and an interior entrance; landscaping would remain the same. Staff recommended approval with conditions.

Item 4 – PLSUP 2020-081 Automotive Repair & Maintenance: Staff recommended approval for an auto repair garage on an approximately 1.5-acre tract zoned PD-124 for LR-2, along the west side of S.H. 121 about 180 feet north of Hebron Parkway. The proposal would modify the former Quaker Stake and Lube building with a new bay door on the south side and facade changes. Stipulations included prohibiting damaged vehicles between the building face and public streets and prohibiting bay doors facing a public street.

Item 5 – PLZ 2020-130 Valwood I-35 LTD PH2: Staff recommended approval to rezone a 14.72-acre tract at 1815, 1825, 1841, and 1875 Monetary Lane from FWY Freeway District to LI Light Industrial with a Planned Development for modified site design standards. The applicant stated an Encore easement prevented additional landscaping in the required buffer because landscaping is prohibited within 35–50 feet of the easement centerline, which ran through the buffer.

Item 6 – PLST 2020-125 Subdivision Ordinance Text Amendments: The proposed amendments would modify easement-related provisions, sidewalk waiver provisions, and add a definition for conveyance plat. Staff asked that no action be taken and that the item be re-advertised and brought back in one to two months after additional information was added; no date certain was set.

Item 7 – PLZT 2020-113 CZO Text Changes: This item, concerning amendments to Article XXI Special Use Permits related to child day care centers, communications towers, private elementary and secondary schools, and amendments of SUPs, was withdrawn by staff to be re-advertised and returned at a later date.

Key Outcomes

Consent Agenda: Approved minutes of October 1, 2020 (9–0).

Item 2: A motion to close the public hearing and approve PLSUP 2020-126 with staff stipulations failed 4–5. The failed motion constitutes denial; staff noted the applicant would have 10 calendar days to request an appeal to City Council.

Item 3: Motion to close the public hearing and approve PLSUP 2020-131 with staff stipulations passed unanimously (9–0).

Item 4: Motion to close the public hearing and approve PLSUP 2020-081 with staff stipulations passed unanimously (9–0).

Item 5: Motion to close the public hearing and approve PLZ 2020-130 with staff stipulations passed unanimously (9–0).

Items 6 and 7: Withdrawn/continued; no action taken.

Election of Vice Chair: Commissioner Denholm was nominated by Commissioner Romo and elected Vice Chair.

Staff Reports: Staff reported that the MetroCress services zoning case approved by the Commission the prior month was approved unanimously by City Council on October 27, and that training would be provided at the December P&Z meeting. The Chair welcomed new Commissioners Merriman and Carpenter and the alternate.

Meeting Transcript