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Record of Proceedings

Carrollton Planning & Zoning Commission Meeting Summary - November 2, 2023

Planning and Zoning Commission — Thursday, November 2, 2023
BodyCarrollton, Texas
SessionPlanning and Zoning Commission
DateThursday, November 2, 2023
StatusFILED
Video Record
Meeting Thumbnail
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Transcript — Verbatim

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:02

Good evening, ladies and gentlemen.

0:04

If you would please silence your cell phones and all other devices at this time.

Unassigned speaker

0:09

I

Speaker 1

0:10

am calling this meeting to order at 6 33 p.m.

0:13

November 2nd, 2023 for the meeting of the planning and zoning commission of the city of Carrollton.

0:21

This commission consists of nine members of which eight are present tonight, with Commissioner Kramer being absent.

0:29

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

0:34

In the case of the advisory items, the commissioner's recommendation for denial will be considered by city council if the applicant makes a written request in accordance with the city ordinance.

0:46

Excuse

Unassigned speaker

0:47

me.

Speaker 1

0:48

The commission conducts his business in accordance with the posted agenda, copies of which are in the lobby outside these chambers.

0:55

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

1:05

Approval of a subdivision plat or a replat is required by state law if the plat meets all applicable provisions of state law and the city of Carrollton's ordinances.

1:15

A plat is deemed approved by operation of law.

1:18

If no action to approve or deny a plat by the planning commission is taken within 30 days after a plat meeting, all requirements is filed.

1:29

Excuse

Unassigned speaker

1:30

me.

Speaker 1

1:31

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

1:37

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

1:47

The items on the agenda under the heading public hearing will be considered individually, beginning with the case presentation.

1:55

After any questions from the commissioner staff and the applicant, the commission will provide an opportunity for individuals to speak on the case.

2:04

When it is your time to speak, please come forward to the podium, give your name and address for the record, and make your comments to the commission.

2:12

When everyone has had the opportunity to speak, the applicant will be given an opportunity to make a brief closing comment.

2:21

At that time, there will be no further opportunities for public testimony on that item.

2:26

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

2:34

It is not an opportunity for the commission to respond to public testimony or answer questions to the public or from the public.

2:42

After the case presentations and public testimony period is completed, the commission will conduct any discussion and action as appropriate.

2:50

Thank

Speaker 2

2:51

you.

Unassigned speaker

2:54

The

Speaker 1

2:54

first order of business is to hear public comments for the one item on the consent agenda, which is the approval of the October 5th, 2023 meeting minutes.

3:05

So if there's anybody in the audience who would like to make comments at this time, you can please come forward.

3:15

Since no one's coming forward, are there any commissioners that have any comments about the consent agenda or wish to make a motion?

3:25

Yes, Commissioner Powell.

Speaker 3

3:28

Thank you, Mr.

3:29

Chairman.

3:30

Uh I move that we approve the consent agenda, the minutes of the October meeting as presented.

Speaker 1

3:45

Yes, Commissioner Doyle.

Speaker 4

3:47

Mr.

3:47

Chairman, I second that motion.

Speaker 1

3:50

Thank you.

3:51

Motion was made by Commissioner Powell and seconded by Commissioner Doyle to approve the consent agenda for the one item.

3:59

Is there any additional discussion on the motion?

4:02

If not, we'll move to a vote.

4:24

Okay, the vote passes unanimously with Commissioner Kramer being absent.

4:31

Thank

Unassigned speaker

4:32

you.

Speaker 2

4:39

Excuse

Unassigned speaker

4:40

me.

Unassigned speaker

5:00

Now we will proceed to the public hearing portion of the agenda, starting with item number two, which is to hold a public hearing and take final action on a replat of Austin Hills, lot 26 block A for an approximately 0.3026 acre track located at 2313 Westlake Court to modify easements and to request a variance to reduce a drainage easement with this is case number PLRP 2023-091, Austin Hills, lot 26R, block A.

Unassigned speaker

5:24

Our

Speaker 1

5:25

case coordinator tonight is going to be Mr.

5:27

Shapiro.

Speaker 5

5:29

Good evening, Commissioners.

5:30

Lauren Shapiro Development Services.

5:33

The replat before you is to consider, like the chair said, to modify the existing easement that's on the property.

5:42

It is a 15-foot wide drainage easement that runs along the south portion of the property.

5:48

What the applicant's requesting is to reduce that from what is the minimum 15-foot-wide drainage buffer to as little as five feet.

5:56

In addition to that, that goes with this with this replat.

6:01

The purpose of this is that the or the reason why the applicants coming forward with this is that there was a pool that was built without a permit.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████56%
Procedural████████████████████25%
Historic Preservation██████7%
Public Engagement█████6%
Engineering And Infrastructure██3%
Short Term Rentals██3%
Summary of Proceedings

Carrollton Planning & Zoning Commission Meeting Summary - November 2, 2023

The Carrollton Planning & Zoning Commission met on Thursday, November 2, 2023. Eight of nine commission members were present, with Commissioner Kramer absent. The regular meeting was called to order at 6:33 p.m. and adjourned at 8:10 p.m.; the posted briefing session was scheduled for 6:00 p.m. The commission approved the consent agenda, held public hearings, failed one replat request, and forwarded several cases to the City Council.

Consent Calendar

  • Approved the October 5, 2023 meeting minutes unanimously on a motion by Commissioner Powell, seconded by Commissioner Doyle.

Public Comments & Testimony

  • For the Austin Hills replat (Item 2), staff reported eight written public comments, all opposing approval. No one spoke at the hearing, and the applicant did not appear.
  • For Texas Car One (Item 4), applicant Homan Sapossi spoke, took responsibility for past unpermitted construction, and said he had corrected several items; real estate agent Kira Genji spoke in support, saying the owner wanted to remain in Carrollton and operate properly. No public opposition was noted.
  • For Dallas Billiards and Academy (Item 5), an applicant/landlord representative said the venue would be an academy-style billiard hall with no bar, no smoking, no alcohol, and an 11:00 p.m. closing time. Staff had received one public comment, noted in the staff report.
  • For El Paisa (Item 6), owner Jose Velasquez said the restaurant would complement Carrollton and that the existing El Paisa location would remain. No public comments were received.
  • For Items 7, 8, and 9, no public comments were made.

Discussion Items

  • Item 2 - Austin Hills Replat and Drainage Easement Variance (PLRP 2023-091): Staff recommended approving the replat of a 0.3026-acre tract at 2313 Westlake Court and a variance to reduce the drainage easement from the 15-foot minimum to as little as 5 feet. The request followed construction of a pool without a permit, but the drainage pipe did not cross under the pool, and public works/engineering supported the reduction. Because more than 20% of notified neighboring property owners opposed the request, approval required at least 6 of the 8 present commissioners. Commissioner Doyle said he would vote no because the applicant did not attend.
  • Item 3 - American Vintage Tattoo SUP (PLSUP 2023-099): No discussion or action was taken because public hearing notices did not properly notify property owners. The case was continued to the December 7, 2023 Planning & Zoning Commission meeting.
  • Item 4 - Texas Car One SUP Amendment (PLSUP 2023-100): Staff recommended amending SUP-486 at 1729 South Broadway to allow automobile/light-truck repair and paint/body shop work as accessory uses to the used-car dealership, along with a roughly 1,660-square-foot building addition. The applicant had previously been denied outdoor vehicle display and instead proposed keeping inventory indoors. Discussion addressed noise, bay-door orientation, code compliance, and past unpermitted construction. The motion to approve passed unanimously, with Commissioner Kramer absent.
  • Item 5 - Dallas Billiards and Academy SUP (PLSUP 2023-101): Staff recommended approval of a special use permit for a billiard hall in a 3,200-square-foot suite at 2630 Old Denton Road, tied to a billiard academy. The project includes an approximately 5,270-square-foot addition to the existing 6,500-square-foot building. Parking was discussed; the building meets the requirement with two spaces above the minimum. The motion to approve passed unanimously, with Commissioner Kramer absent. The case was forwarded to City Council's December 5, 2023 meeting.
  • Item 6 - El Paisa PD Amendment (PLZPD 2023-102): Staff recommended approval to repeal and reestablish PD-185 for an approximately 0.86-acre tract near Josey Lane and Parker Road to allow a limited-service restaurant with a drive-through window. Discussion covered the prior dental-office approval, the retained 40-foot landscape buffer, drive-through stacking exceeding the minimum by seven spaces, and a previously approved median cut. The motion to approve passed unanimously, with Commissioner Kramer absent. The case was forwarded to City Council's December 5, 2023 meeting.
  • Item 7 - HP Overlay District Text Amendment (PLZT 2023-103): Staff presented a city-initiated amendment to Article XX.3 to clarify the HP Historic Preservation Overlay District, add intent, change the historic preservation advisory committee name and duties, add definitions and application criteria, and amend landmark/district designation processes. Administration would be shared by parks/recreation and development services. The motion to approve passed unanimously, with Commissioner Kramer absent. The case was forwarded to City Council's December 5, 2023 meeting.
  • Item 8 - Airport Map Text Amendment (PLZT 2023-106): Staff recommended amending Article XXXII to update the Carrollton/Addison Airport zoning map date from 1979 to 2016. Commissioner Foster asked whether drones were addressed; staff said the zoning ordinance did not address drones. The motion to approve passed unanimously, with Commissioner Kramer absent. The case was forwarded to City Council's December 5, 2023 meeting.
  • Item 9 - Dwelling Unit Definition Text Amendment (PLZT 2023-107): Staff recommended amending Article XXXIV to refine the definition of "dwelling unit" as a permanent residential unit for one family or common household, accessibly independent from other units, and to exclude transient accommodations such as hotels, motels, bed-and-breakfasts, and short-term rentals. Discussion addressed garage living arrangements and the separate existing definition of short-term rentals. The motion passed; Commissioner Martin voted no, and Commissioner Kramer was absent. The case was forwarded to City Council's December 5, 2023 meeting.

Key Outcomes

  • Approved the consent agenda, including the October 5, 2023 meeting minutes.
  • Failed the Austin Hills replat and drainage easement variance request (PLRP 2023-091) because it did not receive the required six votes; the chair initially mentioned an appeal to city council but corrected that an appeal would go to district court.
  • Continued the American Vintage Tattoo SUP case to December 7, 2023 due to defective notices.
  • Approved Texas Car One, Dallas Billiards and Academy, El Paisa, HP Overlay District text amendment, Airport Map text amendment, and Dwelling Unit definition text amendment, all to be forwarded to the City Council's December 5, 2023 meeting.
  • Commissioners noted staff should obtain a visible laser pointer for future presentations before adjourning at 8:10 p.m.

Meeting Transcript

Good evening, ladies and gentlemen. If you would please silence your cell phones and all other devices at this time. I am calling this meeting to order at 6 33 p.m. November 2nd, 2023 for the meeting of the planning and zoning commission of the city of Carrollton. This commission consists of nine members of which eight are present tonight, with Commissioner Kramer being absent. This commission has final authority on certain items and an advisory role on others. In the case of the advisory items, the commissioner's recommendation for denial will be considered by city council if the applicant makes a written request in accordance with the city ordinance. Excuse me. The commission conducts his business in accordance with the posted agenda, copies of which are in the lobby outside these chambers. In accordance with the state open meetings act, the planning and zoning commission is restricted from discussing or taking action on items not listed on the agenda. Approval of a subdivision plat or a replat is required by state law if the plat meets all applicable provisions of state law and the city of Carrollton's ordinances. A plat is deemed approved by operation of law. If no action to approve or deny a plat by the planning commission is taken within 30 days after a plat meeting, all requirements is filed. Excuse me. The public may comment on all items listed on the agenda for planning and zoning commission consideration. If you wish to comment on any agenda item, please complete an appearance card located on the table at the entrance to city council chambers. The items on the agenda under the heading public hearing will be considered individually, beginning with the case presentation. After any questions from the commissioner staff and the applicant, the commission will provide an opportunity for individuals to speak on the case. When it is your time to speak, 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, the applicant will be given an opportunity to make a brief closing comment. At that time, there will be no further opportunities for public testimony on that item. The public hearing portions of the cases considered tonight are intended to be an opportunity for the public to be heard by the commission. It is not an opportunity for the commission to respond to public testimony or answer questions to the public or from the public. After the case presentations and public testimony period is completed, the commission will conduct any discussion and action as appropriate. Thank you. The first order of business is to hear public comments for the one item on the consent agenda, which is the approval of the October 5th, 2023 meeting minutes. So if there's anybody in the audience who would like to make comments at this time, you can please come forward. Since no one's coming forward, are there any commissioners that have any comments about the consent agenda or wish to make a motion? Yes, Commissioner Powell. Thank you, Mr. Chairman. Uh I move that we approve the consent agenda, the minutes of the October meeting as presented. Yes, Commissioner Doyle. Mr. Chairman, I second that motion. Thank you. Motion was made by Commissioner Powell and seconded by Commissioner Doyle to approve the consent agenda for the one item. Is there any additional discussion on the motion? If not, we'll move to a vote. Okay, the vote passes unanimously with Commissioner Kramer being absent. Thank you. Excuse me. Now we will proceed to the public hearing portion of the agenda, starting with item number two, which is to hold a public hearing and take final action on a replat of Austin Hills, lot 26 block A for an approximately 0.3026 acre track located at 2313 Westlake Court to modify easements and to request a variance to reduce a drainage easement with this is case number PLRP 2023-091, Austin Hills, lot 26R, block A.

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