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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Carrollton Planning & Zoning Commission Meeting Summary - June 6, 2024

Planning and Zoning Commission — Thursday, June 6, 2024

BodyCarrollton, Texas

SessionPlanning and Zoning Commission

DateThursday, June 6, 2024

StatusFILED

Video Record

0:00 / 1:14:05

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

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

Speaker 1

0:00

Good evening, ladies and gentlemen.

0:01

Uh, if you would please silence your cell phones and other devices.

0:05

I'm calling this meeting to order at 6 30 p.m.

0:08

on June 6, 2024.

0:10

This is for the meeting of the planning and zoning commission of the city of Carrollton.

0:14

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

0:22

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

0:27

In the case of advisory items, the commission's recommendation for denial will be considered by the city council.

0:34

If the applicant makes a written request in accordance with city ordinance, the commission conducts its business business in accordance with the posted agenda, copies of which are in the lobby outside these chambers.

0:46

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

0:57

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.

1:10

A plat is deemed approved by operation of law.

1:14

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.

1:23

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

1:30

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

1:40

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

1:48

After any questions from the Commission of Staff and the Applicant, the Commission will provide an opportunity for individuals to speak on the case.

1:57

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.

2:06

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

2:13

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

2:19

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

2:27

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

2:35

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

2:44

Thank

Unassigned speaker

2:44

you.

Speaker 1

2:47

First order of business is to hear the public comments for the three agenda items.

2:52

Consent agenda items tonight, which is the minutes and two other items.

2:57

Um case number PLRP 2024-050.

3:02

Segovia lot 1R1 block A, and then agenda item 3, case number PLRP 2024-049, Valley View Business Park Lot 2R, block 1.

3:18

Excuse me.

3:19

Is there anybody in the audience?

3:26

Is there anybody in the audience with comments for the consent agenda tonight?

3:34

Are there any commissioners that have any comments about the consent agenda or wish to make a motion?

Unassigned speaker

3:46

Would

Speaker 1

3:46

you like to come up and speak about these?

3:49

No.

3:56

Okay, I'm looking for a motion.

Unassigned speaker

4:00

Yes,

Speaker 1

4:01

Commissioner Foster.

Speaker 2

4:02

Yes, I make a motion that we close the public hearing.

4:06

And that we approve consent agenda items.

Unassigned speaker

4:10

Uh

Speaker 2

4:10

the minutes, and then PLRP 2024-050, and PLRP 2024-049.

4:22

Are there staff stipulations?

Speaker 1

4:24

There are staff stipulations on two and three.

4:27

And then there is the public right-of-way is not necessary.

4:31

Oh, yes.

4:34

On the on two, but it is necessary on number three.

Speaker 2

4:38

Okay.

4:38

And finding that the public right of way is not

Speaker 1

4:42

necessary and proportional to the proposed development.

Speaker 2

4:46

I agree.

Speaker 1

4:48

Thank

Unassigned speaker

4:49

you.

Unassigned speaker

4:52

Yes,

Speaker 1

4:52

Commissioner Herman.

Speaker 3

4:53

Thank you, Mr.

4:54

Chairman.

4:54

I would like to second

Unassigned speaker

4:55

that.

Discussion Breakdown — Share of Meeting

Zoning And Land Use█████████████████████████████████████████████51%

Procedural███████████████████22%

Miscellaneous██████████████████20%

Public Safety████5%

Engineering And Infrastructure██2%

Summary of Proceedings

Carrollton Planning & Zoning Commission Meeting Summary - June 6, 2024

The Carrollton Planning & Zoning Commission held a regular meeting on Thursday, June 6, 2024, beginning with a briefing session at 5:15 PM and the regular meeting at 6:30 PM in the Council Chambers at City Hall. The meeting addressed several zoning cases, special use permits, and replats. All eight present commissioners voted on each item, with Commissioner Doyle absent. The meeting was adjourned at 7:45 PM.

Consent Calendar

Approved the May 2, 2024 meeting minutes.
Approved a replat for Segovia Subdivision, Lot 1R, Block A (Case PLRP 2024-050) to modify and dedicate easements on a 1.601-acre tract at 1810 South Josey Lane.
Approved a replat for Valley View Business Park, Lots 2 and Part of Lot 1, Block 1 (Case PLRP 2024-049) to dedicate easements and combine two lots into a single 3.39-acre tract at 1811 Trinity Valley Drive.
Motion by Commissioner Foster, seconded by Commissioner Herman. Passed unanimously (8-0).

Public Comments & Testimony

Flexy Fitness Event Center & Reception Hall (Case PLSUP 2024-048)

Applicant: Ashley Garcia, part-owner of Flexy Fitness, spoke in favor of the SUP. She argued that noise and disturbance complaints pertained to previous tenants, not Flexy Fitness. She provided context for a prior code violation (a Shibari rope-tying class), stating it was not obscene and that they were cooperating with the city. She highlighted a petition of over 120 signatures in support and noted their community service, including supporting a local non-profit (Bella House). Chrissy Peralta (Bella House) also spoke in support.
Opposition:
- Paul Worsham (resident, 2839 Silver Spring Rd): Strongly opposed the permit, citing over 10 years of negative experiences with event spaces at the same address. He described loud, late-night music, police calls, and an inability to control renters.
- Marie Libby (resident, 2838 Silver Spring Rd): Opposed, recounting being awakened by loud music from previous event operations at the location.
- Lynn Snyder (resident, 2842 Prescott Dr): Opposed, detailing concerns about crowd size, traffic safety at the Marsh Lane intersection, amplified sound, and noting another tenant (Two 155 Ballroom) operating an event space illegally at the same address.

Penikam Warehouse PD (Case PLZ 2024-052) & Repeal Two SUPs (Case PLSUP 2024-055)

No public testimony was offered on these items.

Discussion Items

1. Penikam Warehouse Planned Development (Case PLZ 2024-052)

Staff (Emily Offer) presented a request to rezone 3.39 acres at 1811 Trinity Valley Drive from Light Industrial (LI) to a Planned Development (PD) to allow for a 33,000 square foot warehouse expansion adjacent to an existing 44,000 square foot building. Staff stated the PD aligns with the character of the area and recommended approval with stipulations. Commissioner Overholt asked about firewalls for the adjoining buildings. The applicant, Marissa Brewer (McAdams), confirmed a firewall would be provided. The motion to approve passed unanimously (8-0). The case will be forwarded to the City Council meeting on July 2, 2024.

2. Semihan Learning Daycare SUP Amendment (Case PLSUP 2024-046)

Staff (Loren Shapiro) requested a continuance to the June 26, 2024 meeting at the applicant's request to allow time for updated plans and a traffic impact analysis. Staff requested the public hearing be kept open to avoid re-noticing. Commissioner Martin questioned the noticing process for a continued case with an open hearing. Staff explained that continuing to a date specific with the hearing open is standard. The motion to continue to June 26th and keep the public hearing open passed unanimously (8-0).

3. Flexy Fitness Event Center & Reception Hall SUP (Case PLSUP 2024-048)

Staff (Mike McCauley) recommended denial. The request was for a special use permit to allow an event center in a 5,500 square foot lease space in an LR-2 (Local Retail) district at 2155 Marsh Lane, Suite 200. Staff cited the location's adjacency to residential uses, 35 police calls to the shopping center since early 2023 (though none to Flexy Fitness specifically), a history of noise violations from previous businesses in the same suite, and a prior code violation at Flexy Fitness for an adult entertainment establishment use (a Shibari class). Staff provided recommended stipulations in the event of approval.
Commission discussion focused on noise enforcement. Brian Passwater (Community Services Manager) clarified the noise ordinance measurement at the property line and the history of enforcement at the shopping center. Commissioner Powell raised parking concerns. Commissioner Kramer questioned the enforceability of sound stipulations. Commissioner Overholt questioned Mr. Passwater, who confirmed the history but noted previous tenants are distinct from Flexy Fitness. Commissioner Kramer and the Chairman stated they did not believe the use was appropriate or compatible with the adjacent residential area. A motion to approve with staff stipulations (Commissioner Martin, second Foster) failed unanimously (0-8). The applicant has 10 days to appeal to the City Council.

4. Repeal Two SUPs (Case PLSUP 2024-055)

Staff (Mike McCauley) presented a city-initiated request to repeal SUP 237 (a 100-foot-tall protective net for a golf driving range at 2308 Marsh Lane, no longer operating) and SUP 340 (motorcycle rental at 1518 S IH-35E, no longer in business and building demolished). Commissioner Foster briefly asked about maintenance of the weeded lot at the golf net site but was called to order by the Chair to stay on topic. The motion to approve passed unanimously (8-0). The case will be forwarded to the City Council meeting on July 2, 2024.

Key Outcomes

Consent Agenda (Items 1-3): Approved unanimously.
Penikam Warehouse PD (Item 4): Approved unanimously. Forwarded to City Council on July 2, 2024.
Semihan Learning Daycare SUP (Item 5): Public hearing kept open; case continued to June 26, 2024. Unanimous vote.
Flexy Fitness Event Center SUP (Item 6): Denied unanimously (0-8). Applicant has 10 days from the public hearing to make a written appeal to the City Council.
Repeal Two SUPs (Item 7): Approved unanimously. Forwarded to City Council on July 2, 2024.
Staff Reports: Loren Shapiro reported on recent City Council actions (May 21 & June 4), including approvals for Crowley Crossing, Chipotle/Starbucks PD, and Highlands of Carrollton, and the denial of a vape/smoke shop. Kultura Tattoo was withdrawn. Umbrella Sense candle manufacturing was approved.
Next Meeting: June 26, 2024 (a Wednesday, due to the July 4th holiday).

Meeting Transcript

Good evening, ladies and gentlemen. Uh, if you would please silence your cell phones and other devices. I'm calling this meeting to order at 6 30 p.m. on June 6, 2024. This is for the meeting of the planning and zoning commission of the city of Carrollton. This commission consists of nine members, eight who who are eight who are present tonight, with Commissioner Doyle being absent. This commission has final authority on certain items and advisory role and others. In the case of advisory items, the commission's recommendation for denial will be considered by the city council. If the applicant makes a written request in accordance with city ordinance, the commission conducts its business business in accordance with the posted agenda, copies of which are in the lobby outside these chambers. In accordance with the state open meeting 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. 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 that's located on the table at this entrance to the 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 Commission of 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 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. First order of business is to hear the public comments for the three agenda items. Consent agenda items tonight, which is the minutes and two other items. Um case number PLRP 2024-050. Segovia lot 1R1 block A, and then agenda item 3, case number PLRP 2024-049, Valley View Business Park Lot 2R, block 1. Excuse me. Is there anybody in the audience? Is there anybody in the audience with comments for the consent agenda tonight? Are there any commissioners that have any comments about the consent agenda or wish to make a motion? Would you like to come up and speak about these? No. Okay, I'm looking for a motion. Yes, Commissioner Foster. Yes, I make a motion that we close the public hearing. And that we approve consent agenda items. Uh the minutes, and then PLRP 2024-050, and PLRP 2024-049. Are there staff stipulations? There are staff stipulations on two and three. And then there is the public right-of-way is not necessary. Oh, yes. On the on two, but it is necessary on number three. Okay. And finding that the public right of way is not

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