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Record of Proceedings

Planning & Zoning Commission Regular Meeting - January 2, 2025

Planning and Zoning Commission — Thursday, January 2, 2025
BodyCarrollton, Texas
SessionPlanning and Zoning Commission
DateThursday, January 2, 2025
StatusFILED
Video Record
0:00 / 2:23:21

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

Speaker numbers apply only to this recording.

Unassigned speaker

0:01

Thank

Speaker 1

0:02

you, ladies and gentlemen, for letting me get sorted through all those cards.

0:07

Um almost all the cards.

0:09

We've got a few more, but anyway, good evening, ladies and gentlemen.

0:12

If you would please silence your cell phone and other devices.

0:16

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

0:20

January 2nd, 2025 for the meeting of the planning and zoning commission.

0:24

The city of Carrollton.

0:26

This uh commission consists of nine members, seven who are present tonight with Commissioner Foster and Commissioner Doyle being absent.

0:35

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

0:40

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.

0:52

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

1:00

In accordance with the state open meetings act,

Unassigned speaker

1:04

the

Speaker 1

1:04

planning and zoning commission is restricted from discussing or taking action on items not listed on the agenda.

1:11

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

1:22

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.

1:33

All requirements is filed.

1:35

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

1:42

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 if you have not already done

Unassigned speaker

1:52

so.

Speaker 1

1:52

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

2:00

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

2:09

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

2:21

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

2:28

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

2:34

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

2:42

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

2:49

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

2:57

Thank

Unassigned speaker

2:57

you.

Unassigned speaker

3:05

So

Speaker 1

3:05

the first order business tonight is to hear public comments for the two consent agenda items, which is the approval of the December 5th, 2024 meeting minutes in case number PLRP 2024-153, Toshiba Bowwood 22 edition line for R Block 1.

Unassigned speaker

3:34

Is

Speaker 1

3:34

there anybody in

Unassigned speaker

3:35

the

Speaker 1

3:35

audience who has any comments for consideration tonight?

3:38

If not, do any of the commissioners have any comments about the consent agenda items or would like to pull an item for individual consideration or wish to make a motion on consent agenda item one and two?

3:53

Yes,

Speaker 2

3:54

Commissioner Overholt.

3:55

Thank you, Mr.

3:56

Chairman.

3:57

I will uh move to approve the consent agenda items one and two.

Speaker 1

4:03

Thank you.

4:04

And uh agenda item number two would be with stipulations and noting that the right of way is not being dedicated in this plaque, correct?

4:12

Yes, thank you.

Unassigned speaker

4:13

Thank

Speaker 1

4:13

you, Commissioner Overholt.

4:15

Yes, Commissioner Powell.

4:18

I

Speaker 3

4:19

second the motion.

Speaker 1

4:20

Thank you, Commissioner Powell.

4:22

So a motion was made by Commissioner Overholt and seconded by Commissioner Powell to approve the two items on the consent agenda.

4:30

Um is there any additional discussion on this motion by the commissioners at this

Unassigned speaker

4:36

time?

Speaker 1

4:39

If not, then let's move to a vote.

5:05

So the consent agenda items are passed unanimously with seven commissioners voting for,

Unassigned speaker

5:10

and

Speaker 1

5:10

Commissioner Foster and Commissioner Doyle being absent.

Unassigned speaker

5:18

So

Discussion Breakdown — Share of Meeting
Short Term Rentals█████████████████████████████████████████████59%
Procedural██████████████19%
Zoning And Land Use████████11%
Parking Management███4%
Code Enforcement██3%
Community Engagement██2%
Public Safety██2%
Summary of Proceedings

Planning & Zoning Commission Regular Meeting - January 2, 2025

The Carrollton Planning & Zoning Commission held its regular meeting on Thursday, January 2, 2025, beginning with a briefing session at 6:00 PM and the regular meeting at 6:30 PM in the City Hall Council Chambers. Seven of nine commissioners were present (Commissioners Foster and Doyle absent). The agenda included a replat, a used car sales SUP, three short-term rental (STR) SUPs, one bed and breakfast (B&B) SUP, and an amusement arcade SUP. The commission heard extensive public testimony and debate regarding STR regulations, enforcement, and neighborhood impact. The meeting adjourned at 9:00 PM.

Consent Calendar

  • Minutes: The Commission unanimously approved the minutes from the December 5, 2024, meeting.
  • Replat (PLRP 2024-153): The replat of Lot 4R, Block 1 of the Toshiba-Valwood 22 Addition at 2001 McKenzie Drive was unanimously approved. Commissioner Overholt stipulated that no right-of-way was being dedicated.

Public Comments & Testimony

  • Item 3 (Whips Used Car Sales, 3215 Skylane Dr): No public testimony was offered.
  • Item 4 (2706 Brookshire Drive STR): Fourteen comment cards were submitted in opposition. Seven residents, including Ronald Weaver (2711 Coventry Ln), Christopher Maxie (2707 Brookshire Dr), Rodney Gerrell (2708 Brookshire Dr), Joe Borman (2702 Devonshire Dr), and Chuck David (2704 Brookshire Dr), expressed concerns about property values, neighborhood safety, unauthorized operation during the city's registration backlog, and violations related to trash and parking.
  • Item 5 (2420 Vista Glen Lane STR): Two cards were submitted in opposition. Brian Dixon (3703 Beechwood Ct) spoke against the permit, citing proximity to high-crime areas, absentee ownership (owner in Louisiana), and the availability of other lodging. Jamil Hernandez (1041 Apache Lake Dr) spoke in favor, stating the owners are actively involved and the property has been substantially improved.
  • Item 6 (1103 Pawnee Court STR): Six residents spoke in opposition, including James Donovan (1101 Pawnee Ct), Joy Parker (1105 Pawnee Ct), and Danny Garner (1113 Pawnee Trl). Speakers detailed problems with guest parking on the cul-de-sac, debris from contractors, and the owner operating without a permit. Attorney Danny Garner argued the applicant came with “unclean hands” and had not paid required occupancy taxes.
  • Item 7 (1841 Arundel Drive B&B): Joel Munoz (1839 Arundel Dr) spoke in opposition, citing unauthorized construction (exterior doors) and prior illegal operation as a two-unit rental.
  • Item 8 (Nova Claw Arcade, 2225 Old Denton Rd): A comment card in opposition was submitted by Scott and Gene Carey, but no speaker came to the podium.

Discussion Items

  • Short-Term Rental Enforcement & Data (Items 4-6): Brian Passwaters (Community Services Manager) explained the enforcement process for STRs, including parking requirements (rear of property only), quiet hours (10 PM to 7 AM), and the penalty structure (citation to owner, revocation of lodging license/SUP for repeated violations). Passwaters noted the city has identified approximately 443 STRs, 243 of which have non-conforming (grandfathered) rights. Commissioners requested data on the concentration of STRs within specific subdivisions for future cases; staff agreed to provide neighborhood-level maps.
  • Applicant Operational Practices: Across multiple cases, applicants detailed management practices including 5-night minimum stays, 24/7 noise monitoring sensors, identity verification of guests, strict no-party rules, and active communication with neighbors.
  • Legal Standing of Pre-Permit Operation (Item 6): Commissioners and staff discussed the implications of owners operating STRs before receiving an SUP. Staff clarified that the registration backlog was due to city-side software issues and that operators had been allowed to continue operating during the process to avoid penalizing them for the city’s delays. Commissioner Kramer noted that an owner living on-site would qualify the use as a B&B, not an STR.
  • Arcade Use Flexibility (Item 8): Commissioner Overholt asked about the flexibility of uses under the amusement arcade SUP. Staff confirmed that within the 45-machine limit, the operator could offer a mix of claw machines, video games, or pool tables without returning for a new SUP.
  • Case Continuation (Item 7): The applicant for the B&B at 1841 Arundel Drive was not present and requested a continuance. The commission voted 5-2 to continue the case to the February 6, 2025, meeting.

Key Outcomes

  • Replat (PLRP 2024-153): Approved unanimously (7-0). Final action taken by the Commission.
  • Whips Used Car Sales (PLSUP 2024-186): Approved unanimously with stipulations. Forwarded to City Council meeting on February 4, 2025.
  • 2706 Brookshire Drive STR (PLSUP 2024-173): Approved with stipulations (5-2). Commissioners Yarborough and Martin voted against. Forwarded to City Council on February 4, 2025.
  • 2420 Vista Glen Lane STR (PLSUP 2024-174): Approved with stipulations (6-1). Commissioner Yarborough voted against. Forwarded to City Council on February 4, 2025.
  • 1103 Pawnee Court STR (PLSUP 2024-179): Denied. The motion to approve with stipulations failed (2-5). Commissioners Overholt and Windrow voted in favor; Commissioners Yarborough, Kramer, Martin, Powell, and Herman voted against. The applicant has 10 days to file a written appeal to the City Council.
  • 1841 Arundel Drive B&B (PLSUP 2024-154): Continued to the February 6, 2025 P&Z Commission meeting (5-2). Commissioners Kramer and Martin voted against the continuance.
  • Nova Claw Amusement Arcade (PLSUP 2024-178): Approved unanimously with stipulations. Forwarded to City Council meeting on February 6, 2025.

Meeting Transcript

Thank you, ladies and gentlemen, for letting me get sorted through all those cards. Um almost all the cards. We've got a few more, but anyway, good evening, ladies and gentlemen. If you would please silence your cell phone and other devices. I'm calling this meeting to order at 6 30 p.m. January 2nd, 2025 for the meeting of the planning and zoning commission. The city of Carrollton. This uh commission consists of nine members, seven who are present tonight with Commissioner Foster and Commissioner Doyle being absent. This commission has final authority on certain items and an advisory role on 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 in accordance with the posted agenda, copies of which are outside the lobby, outside of 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 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 located on the table at the entrance to City Council Chambers if you have not already done so. 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 and please give your name and address for the record, stating both clearly 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 presentation and public testimony period is completed, the commission will conduct any discussion and action as appropriate. Thank you. So the first order business tonight is to hear public comments for the two consent agenda items, which is the approval of the December 5th, 2024 meeting minutes in case number PLRP 2024-153, Toshiba Bowwood 22 edition line for R Block 1. Is there anybody in the audience who has any comments for consideration tonight? If not, do any of the commissioners have any comments about the consent agenda items or would like to pull an item for individual consideration or wish to make a motion on consent agenda item one and two? Yes, Commissioner Overholt. Thank you, Mr. Chairman. I will uh move to approve the consent agenda items one and two. Thank you. And uh agenda item number two would be with stipulations and noting that the right of way is not being dedicated in this plaque, correct? Yes, thank you. Thank you, Commissioner Overholt. Yes, Commissioner Powell. I

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