Planning and Zoning Commission - Regular Meeting

call the meeting to order. Uh review last meeting minutes and ask for a motion on the there. I make motion to approve. I second. I'm a yay. Yes. Yes. Okay. Passes unanimously. Uh open now to u public comments. Limited to two minutes. The planning commission is not permitted to respond to comments from the public for the Texas Open Meetings Act. So we're going to open that now. Well, we're an active bunch tonight, aren't we? No public comments. That's got to be a record for this for Mount Pleasant in this venue. Okay. Seek a motion to close public comment. Okay, no comments and we're going to close that public comment. But item three, consider approval of the minutes. Oh, we've already done that. I jumped ahead of myself. Uh item four, consider a request from John Anderson and Justin Locker on behalf of owner of ATC Partners LLC for approval of a PD site plan for the multif family phase one of the Anderson Town Crossing project on

35.663 acres lot 1 through 8 block A and take the necessary action. Good evening. Um just to recap um a little bit uh about the Anderson Town Crossing, it's part of a larger PDZ zone development um that has a controlling PD zoning site plan. Um city code gives planning and zoning authority to you tonight for this site plan for just this phase for the multif family phase one. Um the approval would allow utilities and street construction acceptance of the elevation site and the site development um so that he can get moving with his um improvements in building. Um, text dot, one wrinkle in this that was not a part of the overall PD is that text dot is requiring offsite construction um for Tankersley Road and Road Tan Road to serve as the 271 and uh access and they're also asking for um intersection signalization at Lowe's um because the original site plan for the PD had at Anderson Parkway going all the way north and then curving around just south of um where Outwoods is, but the city owns the property that they had anticipated being part of the project and hasn't sold it. So, it doesn't belong to Mr. Anderson. He uh text says you have to have 271 access and this is how it's getting it. Just uh again show the vicinity. Um the star shows the overall area um for this project and the Anderson Parkway is showing where it's going to be and of course road 10 is there. Um and you can

see where Cherley Road is. The plat was approved in August of 2024. Um, no way. I don't think, but it was. And, um, some details on the right is the actual PD site plan that was envisioned when several years ago. And as you'll notice, um, it's a little you you can see uh, Anderson Parkway goes up and over to 271, but it isn't going to go through the city property um, if it doesn't belong to Mr. Anderson. So, it's not going to go go further north at this time. Um, it was amended in 2024 and allowed uh Christristus on the purple piece with the little green that all turned into all of all of Chris's site originally. I think it was envisioned for um smaller pad sites. Uh it is um a phase submittal in the ordinance that is required for the building permit but we have to have site plan approval for each phase as I indicated and then final approval of all the entrances tax is reserved for itself. Um that would be required for final plat approval um by the city and any certificate of occupancy. However, they have conditioned the um Anderson Parkway off of Tankersley to the other um improvements being completed. So, it's it's it's very complicated, but it's text dot inserted itself into the project. Um and and this is some of the those requirements approval was only given to them by them and they are calling it a temporary construction driveway. Um it is allowed for as the project goes forward, but they've

conditioned it to overall project completion for the intersection and at the conclusion of of all the work on the phasing. Um so he because of that it makes it difficult for us um on the planning side but we're we're just going to move forward with the fact that the the at the final plat approval that approval by textile has to be in hand and in between here and there construction can happen and buildings can go up. So, um, and just just to kind of put that in there, the lining of the closed driveway even includes, uh, adding lows to the equation and and they they're completely offsite, so it's very complex on the text. This is um the overall site plan that you you will be approving tonight that shows Anderson Parkway. The red squiggly lines are what Tex kind of included because he there are some improvements. They're not part of this site plan because they're not our um requirements, but there are some um provisions that Tex's requiring and Mr. Anderson to uh undertake on Tankersly. Um he's going to do road tan and then of course the signalization if you'll see that um driveway on Lowe's on the other side of 271 is kind of got an offset. So they're going to that driveway's got to be moved and they're going to put a traffic signal there part of it. That's not part of the site plan looking at though. You're just looking at the overall configuration which the lots follow the preliminary plat that was already approved. Um we did spend a lot of time as staff um making sure that the con civil construction plans for all of the improvements and the infrastructure

that serve the apartments um both to the north and in the center. And then those those three lots that are set aside for commercial as each one gets developed it will have its own site plan that comes in that also will be approved by PNZ. So you'll notice there are no details on those because there are no end users and that would um basically govern what that site plan looks like. It's in pieces. So this is a closer view um of the northern uh multif family units and I believe it's 190 total um in these phases for this um the where it is in pink and blue that is for a a future phase and it's not part of this um site plan has you know you've got your landscaping and your sidewalks and everything and we've looked at all of the infrastructure as well and they're not all those plans are not included as part of this, but we have vetted them and gotten approval from um the water, sewer, and engineering side. And this is a different um view, a closer view, more detail of the others the multif family buildings that are involved. And then finally, the building elevations, which part of that um plan development overall zoning um had a particular look as far as the uh materials and the the look of all of the buildings that were going to be a part of this um mixeduse development. And the um this does follow this has been checked over I think it's 70 page document that was the controlling um zoning and it does comply. So city staff is recommending approval based on the general

compatibility with that zoning PD in the site plan that went that I showed you a few minutes ago and the rotan access changes that are required by text. So I'm adding three conditions just added to the approval that all relate to textiles requirement. One that it requires final textile approval of all entrances per approved um transportation improvement document prior to any final plat approval. um that it requires text approval of all the entrances um prior to any certificate of occupancy um and requires city staff approved improvements to road 10 road because the text isn't going to look at that. All they care about is the intersection um because it's city street and and that's a city street. So all of those things would happen um in order. So tonight because you Usually you're a recommendation body and you recommend recommend this or recommend that. It goes to city council. This site plan is different. We haven't done one in a while and not since we've been here. I know and actually not since I've been here that u so I just want to remind you that this body is the decision point for approval. So if you make a motion to approve it should be based on and want to make it on staff recommendation then that motion should say that it includes these three conditions per staff recommendation so that we can include it and get it down. So your approval tonight is final. Any questions? Ultimately uh the final decision is text dots at the intersection. Is that correct? Does that mean that's the only

variable that's still out there? Yes, sir. I mean, they and they're pretty clear that they've got plans. Mr. Anderson's agreed to those plans, but we um that would be kind of the final wrinkle because normally when a site plan comes through, textile approval is in it. Um it's required for all plats. It has to be there for a final plat. And normally textile approvals in it and this they've conditioned their approval to let them get started but they're not saying it's done until everything's finished. It's odd as far as in my experience. I've not seen it before. Yes.

Yeah, I actually have one question. Will this get you started? Can you go to work? This will give you access construction wise, construction equipment, vehicles, material so that you can get started. That's the key for me. Any other comments? Will you throw the slide up with conditions on it one more time? Oh, okay. Um other

conditions. Oh, okay. Hi everybody. I'm Robert Lcroy. I'm formerly playing director down here you guys. some of you guys. Um, I actually worked on this from the beginning with John that was actually brought into this into the city as a consultant to start working on this plan and development district down there. So, we worked through the all all of the zoning and I wasn't here when it got finalized, but uh, essentially it's a draft that we put together collectively with his his folks and staff. Uh, the only thing I was a little concerned about I appreciate Lynn's work on this. She's done a great job. um make sure that your recommendation is clear about these certificate of occupancy because that gets a little muddy if somebody's not around uh on these conditions. We're saying that it requires final textile approval. All interest is per approved where they're going to be approving the engineering plan that John submits for it at that time. If that means completed or does that mean approved? I think that's what John's alluding to. It's an ongoing process that's got to be built. But that shouldn't be confused with with the uh what what is approved and what finally get built for getting certificate of occupancy for the apartments. So it should be clear in this recommendation that the city is going to issue temporary uh cos so that the people can move into those parking lot and I hope you could do that kind of clear that up in the recommendation so that again this may take 18 months uh I don't know that construction if you've worked with text dot construction of a lot signalized intersection very complicated usually takes a long time to get that done take a longer period than you think and also Uh the other part of it is this offsite thing with the loads having to reconstruct their driveway over there. Uh as long as that intersection uh whether it be controlled or not, text is

saying they want two access point. Now you might not get that light installed, but you'll have some kind of temporary thing out there sometime. They'll require some kind of temporary traffic control uh to allow that. They're probably going to need that anyway out there if they start utilizing that road rotan and getting back in there. So I would suggest that that like I said go back to the point that you're you're clearly saying that this there's going to be temporary cos issued for that and it's the approval uh and again the final plat we'll when you approve the final plat it's like the engineering engineers come in I'm not sure that clearly that's everything is going to be absolutely built especially that light lot light lot light at the intersection controlled intersector as long as that's clear so there's no future person that's you know in this position that doesn't quite understand it and trying to hold cos for people moving in and again this is only phase one of the apartment complex uh if any other conditions are going to come come back in continue phases of other and that the conceptual side plan that you saw uh that has changed essentially with with the hospital facility being built there so some of those things are going to change in the future but the PD was allowed had enough flexibility to make those changes as it came in that's why we wanted to have at the We wanted those individual side plans on each part of the development to come in with more flexibility. You know, you don't ever what retail is going to do or residential is going to do. It gave you that part of it. It did design, it did make it apparent that you couldn't change land uses. You know, it had to be either residential or it was going to be retail or office or something like that. Thus, that's still intact. So, that's really what that PD did. It set it up to govern those land uses, make sure that Anyway, I just wanted to clear that up. be glad to answer your

question. I I don't particularly see any problem with issuing a preliminary or a pending co because it's going to take a while to develop this. Uh the only thing that worries me is what's Tech Scott going to do or is there a point that they can hold this up because of an intersection like at Lowe's? It'll have to be built by spec that are prior agreements. Is that not correct? So they are requiring that offsite agreement as part of the TIA and the plans are already approved by tax stop for it. I didn't show it because it's not really part of the site plan approval as you know and even though it's a condition that they're putting on it. Um they I technically could and that's why when it says certificate of occupancy we we can and will do temporary certificate of occupancies but before um we have to have a final plat in order to have a final certific I mean the certificate of occupancy um it requires a final plat for that and so that's kind of why it's worded like that I I don't know. I mean, I'm pretty sure that Texot will hold to their design. I've not ever heard that they wouldn't. And and I mean, anything's possible, but they uh I they said that if he did it, they would approve it, open it up, and have it done. I think the only possible change could be on the Lowe's driveway alignment. So, you know, once we get into that, Lowe's

obviously it's on private property. So, Lowe's will have to agree and you know, text dot and so everybody have to agree. So, there could be a little shift and however that works out and that would be the only change I can foresee in any of this. You know, we've already submitted our mix design for tankersly overlay. The city will control the improvements to rot because they'll just be built to city spec. So, past that, all it is the light and load driveway. And so, that could be the only change I could see in anything because you got a third party that, you know, you're just going to have to work with them to figure out what works for. And for us, you know, worst case scenario, you know, that's not even really an issue for us because we could still put a lot in on our side, you know, regardless of how that works out. I mean, whatever Technot decides, they'll decide everybody, you know, they're pretty stout whenever they say you got to do something. And so, I'm sure at the end of the day, everybody will agree that Texas has not started talking to Lowe's about they they do move slowly, but uh so Brad is one uh building our road right now and he's built a bunch of loads and so he said he knows the guys at the construction side of of load so he said he thinks he could figure that out pretty I can't imagine Lowe's not agreeing because it would enhance their entrance and and access and a light there means you control what happens and textiles don't want that so I see that as being for everybody. I agree 100%. Um, you know, the other thing 20 I guess they built that building about 20 years ago and so, you know, they get a brand new driveway at no cost to them and then like you say, it'll be better for them as far as traffic goes to have everybody

stop right there in front of them. Give them easier access. Everybody leaving low, it'll be more convenient. There's no minuses I can see for them. I don't have any. Uh I think it's a win-win. Uh obviously you and Tex a have already had some discussions and agreement on uh roads, streets, designs. Uh the red light into Lowe's is a plus because you have to enter that traffic now wherever you leave Lowe's uh and dodge somebody, you know, getting across there. So that that's going to be a traffic control thing. It's going to work good for everybody. Uh so I I would certainly be for an approval of this. I suspect we need to take a vote. now and we are voting with these conditions and contingencies. Is that correct? Now I I believe requires final text approval. That's part of the what we're approving. I think it's clear if you put it So, it's in the minutes that you um if you make a motion to approve based on staff recommendations um that include conditions on um final text on approval uh would it would be contingent on that at the end and in addition to and you could use the word final certificate of occupancy um instead of just certificate but

really a certificate of occupancy means a final certificate of occupancy and a temporary co is something that we internally can grant, but you can certainly add that language too if you'd like. But I think you need to make sure that these three conditions are in there just so he can't technically open without text approval because they control their roadways. It's not it's not really up to us, but I think it makes it clear that those things come in order. Um since this is a condition, you know, can't get his f normally it would say um that that prior to certificate of occupancy on this a final pass required um but the final pr can't happen until tech stock gives their approval. So that's where why they're on there like that. You probably should refer to them. So we have them in the minutes because this record is what's going to be the approval record. I would like to make the motion that we approve um based on staff recommendation. Uh to continue, I make the motion to approve um based on staff recommendation and that this approval include three conditions. one that the final text approval of all entrances uh per approved TIA prior to final plat approval. The condition that the final text approval of all entrances per approved TIA prior to certificate of occupancy and the condition that it requires city staff approval approved improvements to Rotan Road at City Street.

A second call for a vote. I I I I think that's probably unanimous uh agreement with the city and I think we're probably excited to see John get started finally. We have a couple of upcoming cases that keep popping up because they keep being kind of pushed to the back. So, Tennyson Town Homes. Um there if you remember that was also way before waste time that wasn't approved. It got recorded. everything was done and then the um detention pond was found to be in the wrong place and they had to flip everything, rearrange the site, come back with a site plan that was done and uh the preliminary plat was it was all right but the final plat has to be approved again. It wasn't a revision because it was already reported at the courthouse. So, it's actually a new final plat and they have not they for whatever reason we've gotten through all of the meetings to agree to all of the changes, but I haven't gotten an actual application yet, but you will see it soon. So, I just wanted to let you know that it's still out there. And then, um continued work on the zoning ordinance um to try and bring some of those first changes to you. We because of the new council, I kind of slowed everything down. so that I people weren't being hit with it right off when

they've never seen a city council meeting part of it. Didn't know who was going to be on here and and give them a chance to get up to speed. But we will start with a few of those and we talked about it last time I think um that we were planning to do some things on screening and fencing and and small items like that. I had a meeting with the city attorney um a couple weeks ago about, you know, we have a a whole um redo of our zoning ordinance that was done by consultants, but it there is their opinion that it will cost um the money that's required to notice every resident and every owner of property in the city because redoing the entire zoning ordinance at that level will kick in the requirement to notice people. It will change the use of their property and what they've had in the past. So, um we're going to try and make the incremental changes that we need to go forward for like little things like code enforcement. Um working with downtown. We might be able to just take just the downtown piece and do a downtown piece and the only noticing would be those residents if we did a separate, you know, separate um district with, you know, standards just for those properties. We could notice those residents. It's a lot cheaper than the entire city for the uh complete rewrite. So, that's still underway. It'll it probably won't be for another several months just to give everybody a chance to get their feet under them. And maybe we've got a few more we're adding here and there. Little little language changes, those sorts of things we'll bring forward. Are you going to have some public or open hearings uh on zoning and zoning changes or

potential zoning changes and their effect on the existing property owner? We we will when we get to that point. So with the downtown piece because I'm working with the main street board right now to try and bring all of that in alignment. So we have downtown standards right now. What we have is downtown. It's in the main street district, but it's there's general retail, there's um neighborhood services, there's all different uh zoning designations. It doesn't have its own zoning designation. So, whatever general retail or neighborhood services um requirements are all over the city also apply to downtown, which um you might not want. That includes uses that are allowed, although So, um, that that conversation is going forward with Main Street now now, but we will open it up to the residents for just the downtown piece. Um, but the other small changes aren't really anything. We will have separate meetings on. It's mostly things like fencing material screening, little little tweaks, but the main zoning pieces. Absolutely. Yes. That that will be pretty substantial on um trying to get public and And an interesting side note is the what the consultant worked on. They didn't do anything with downtown. They it was a lot of other standards all over the city, but they didn't set up a separate downtown district with and use standards or anything. For what reason? I don't know. I wasn't here. Okay. I just don't like the idea of current property owners uh getting surprised. Uh I realize many times we don't have as much public participation as we would like or as we think we should get but they need the

opportunity. Uh and I would like to see that as an open forum so that there's an opportunity to comment. Uh sometimes you can discover some needs there that you overlook otherwise. I agree and we'll probably have at the civic center um and probably more than one my guess in various forms maybe something online or something informal and then also a formal meeting because you'd be surprised a lot of people have opinions but they will not get up in front of a group talk about them. So you need kind of spread that out on how you hear from people. But yeah, we'll have it'll be I'm very much into the listening kind of um way to try and let people understand and and hear from them. So we will definitely do that. Thank you. Okay. Any option about uh putting some of this in the newspaper and so I don't know. I guess do a lot of people still read the newspaper. Do you think that an article or a diagram showing some illustrations of zoning changes or zoning laws would be helpful? Yes, sir. So that social media, you know, going on the radio, all those talking to public group, civic groups when we get to that point for the overall piece and also for the downtown piece. We're in the early stages of doing the downtown and of course Main Street are the main they're the main stakeholders. So we're starting the that we're not to the point what you don't do is just throw it open and say we want to do something with downtown. Tell us what you want. I mean that we're not going to get a lot of actionable um useful direction out of that necessarily. It's much easier to take some general form of what is probably going to change and then take that to the public rather than just throwing it

out and because you get all kinds of things people say they want this that and the other that are not under city control or that's against the law to do all that. So when it yes the answer to your question is absolutely the newspaper and getting those kind of articles and trying to do some um publicity on that front when it when we get there, we'll do. Like I said, downtown my attention is because I think downtown needs attention now. Um the overall city is we have a weird and old zoning ordinance, but it's really not that flawed. Um it needs to be modernized and brought into some sort of um alignment with the comprehensive plan that was done a couple years ago. That would be nice to see, but it isn't broken. So, I agree. um and it it will actually kind of break in the public easily by just doing something simple which some small piece which is down the downtown portion. So um I'm definitely going to do that and then we'll we'll probably even have some work sessions with you guys also after we go through the main street piece to sort of do some listening sessions here have it be open to the public but also have the input from you guys to um because you're basically the the eyes and ears of council on the development scene to try and get your recommendations and changes in before we start going forward into the public realm. Well, I just want to make sure everybody has an opportunity. That's all I have. All right. Thank you, ma'am. Well, that's it for me. Uh other than that uh need a motion to adjurnn. I make a motion to adjurnn. I second

and issue congratulations to John. This has truly been a milestone.