Planning and Zoning Commission - Regular Meeting

I don't think we have a chair prom on the books. What was the first Good evening everybody. I'm going to call us to order for the July 29th, 2025 planning and zoning commission for the city of Overland. Uh we start with the roll call. Mr. Crowder,

Mr. Mayor, William Hardrick, I believe, is absent. Excused. Yes, sir. Steve Olsen is not here. Mark JRO here. Mayor Little here. Ken Crowder, I'm here. Uh, Councilman Lee Furnus here. Janet Dietrich here. Special counsel Joe Bond Katie Sanders present. Diane Robinson, Community Development, and Angela Williams, present. Yes, ma'am. All right. Thank you, Ken. Please rise for the pledge of allegiance. And at its conclusion, we'll have a moment of silence uh for first responders and service members. Please

allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Please be seated. And you may have just overheard me ask Joe uh since Williams not here and uh I'm happy to chair this commission, but we'll need a nomination to chair the meeting. So moved. Second. All those in favor?

I I Any opposed? All right. Thank you guys. And uh folks that are here, again, not my normal seat here, but uh we'll get through everything and I apologize if there are any hiccups, but uh I'm sure we'll get through everything in short order. Uh first item on the agenda is approval of the minutes from June 24th, 2025. I'll make that motion. Second. All those in favor? I. Any opposed? Who is the first on that? I'm sorry I missed it. Thank you, Councilman Burn. You need me to state who it is? It just went fast and I missed it. Thank you. I got Mark on that.

Sure. All right. So, we're going to open up uh the public hearing here. And just a note that we will now begin the public hearing. Please be advised the planning and zoning commission is an advisory board that makes recommendations to the city council. Final approvals are granted by the city council. And I think for all applicants tonight, that final approval will be on August 11th in this room at 6 p.m. Uh so we will start with 1939 Woodson Road. If there's an applicant here for that property, please step up to the microphone. Uh, state your name and give us a quick 30 seconds as to your uh, proposed business here. My name is Jose Sriak.

Please make sure to speak right into the microphone. Thank you. I just moved out of uh, Georgia looking for better opportunities. So, I've been in like a business before, so I'm trying to uh, take over that business. I'm not sure that's on, Katie. It's on. Is it? Yeah. You have to you have to get really close to it. Oh, there. Perfect. There you go. I'm first time speaking in front of a microphone actually. Anyway, um yeah, so looking for better opportunities to do something with my life. So here um try try to take over that business.

Okay. Thank you. Katie, if you want to give us your report, please.

Sure. Thank you, mayor. This is an application for the retail sales of liquor and tobacco products. This is a change of ownership of a continuous land use. The site plan due to previously approved variances does conform with the current zoning code. The intensity of use should be similar to that of previous operation with the exception of the hours of operation which there's an increase in. Um that is indicated in the staff report. I pointed out the previous hours and the proposed hours for A to Z for the applicant. Business deliveries are limited between the hours of 10:00 a.m. and 400 p.m. generally Monday through Friday. I have nothing further.

Thanks, Jill. Any additions? Uh, yeah. So, one small change I made. Um, it's unclear if under the GIS it's 1935 Woodson. I believe your mailing address is 1939. So, I made a small edit that just includes both of those addresses because we just didn't want a lack of clarity about that. Um, we might add the parcel number in as well, Joe, because the parcel ID number is the exact same for both of those numeric addresses. Okay, I can I can do that. I'll do that in the cup itself. Perfect.

Uh and put the parcel ID number just so it's very clear. Other than that, um yeah, it's just a it's a change of business. It's a slight expansion of hours. If you recall when we did the administrative uh the administrative approval of cups, there were certain limitations on what that applied to, which included liquor and marijuana businesses. So, this is an instance that in a different business might have been administratively approvable, but because it's liquor or marijuana, this in this instance, liquor, that's not an available option and that's why it's back here. So, other than that, yeah, seems to be essentially the same operation.

Perfect. Thank you. Uh, any questions or comments from the audience tonight? All right. Questions, comments from the board? comment Katie. Yes, sir. It appears to me that uh this is very simple and if it was not liquor, it would have been done done by you. You'd have taken care of it. Correct. Correct. The only reason we couldn't have approved this administratively is due to the sale of alcohol. Okay. I I I I see no problem with this. This is very simple. Yes, sir. And and to add to that, we did limit the number of uh liquor stores, liquor permits throughout the city. Uh since there is a closure here, transfer of business, that's one license opened up.

This applicant would take that open license. Okay. Uh with that said, I'll seek a motion to recommend approval of the conditional use permit with stipulations as presented and discussed. So moved. Second. All right, first and second. All those in favor? I. Any opposed? That motion carries. And we also seek a motion to recommend approval of the site plan with stipulations as presented and discussed. So moved. All those in favor? I

I. Any opposed? Motion carries. All right. Thank you again. Final approval is August 11th, 6 PM in the same room. All right, great. On to 10407 Liberty Avenue. You can please step up, state your name for our record, and again, uh I know we can probably hear you speak, but we do have these meetings recorded, so if you don't speak into the mic, we can't pull up the record. So, absolutely. This is Amin Ahari. Thank you for having us here. Uh our business is industrial repair. We offer consulting and engineering services to the plants and manufacturers. Great, Katie.

Thank you, mayor. This is an application for on-site repair shop, warehouse, and business office. The previous business was a similar type use. This is a non-conforming site. However, per section 400.525, there may excuse me, there may be a change of tenency if there is not a change in the nature or character, extent, or intensity of such non-conforming use, building or structure. The proposed business will have the same number of employees as the previous business. There's no request for outside storage and there are no company vehicles. The proposed business Omega has reduced days of operation and hours in comparison to the previous business. Therefore, in terms of operation, it is a less intensive than the a less intensive use than the previous business. Previous business hours were from 7:00 a.m. to 700 p.m. 7 days a week. And the proposed business, Omega Industrial Repair, has hours from 8 am to 5:00 pm Monday through Friday.

Great. Thank you, Joe. Anything else for this one? Uh, no. Pretty straightforward. If you look at the CU uh in that exhibit B, again, just had to maintain appropriate lensure if there is any. I wasn't necessarily sure, but that's a condition. uh loading and unloading is only during business hours, which seems obvious, but

better to put that in there. Um, as Katie pointed out, there are uh the building has existing nonconformities. So, there is a provision in here that we're not waving the application of the code in the future if it does expand. So, that's spelled out clearly um in case there's ever confusion about that. Realistically, if you're not expanding the business or the building itself, that won't really be a problem. Um, other than that, yeah, pretty straightforward. Perfect. Thank you. Questions, comments from the audience on this project, questions, comments from the board this evening?

Lee, can you hit your mic, please? Sorry. On the off streetet parking and loading requirements, the section 400440, the entrance is located within 30, but it has three in parenthesis feet of the rightway. Can you repeat that question? I didn't catch it. It's I think it's for Oh, okay. I'm sorry. Yeah, I see what he's saying. I read it and I just saw the three I'm not I apologize. I'm not

section 400440 C. The last sentence in red, it's spelled 30, but the numerical is just a three. Oh, I apologize. 30 feet of the rightway. It should be 30 feet on the staff report. Is that what you're speaking of? I was looking at the site. Sorry about that. Yeah, it should be 30. And this requires I think it was said that the entrance and exiting would have to be backed back backing out into the street. Correct.

Correct. That violates as well, but per that section that I read you, that's all the nonconformities on the site. But because this use is not drastically changing from what's there or what was there previously and it's less intensive just due to the hours, we're not enforcing like the variances or any of that related to the site deficiencies. And that's what Joe was kind of touching on that is if he would expand this business that we would have to amend the conditional use permit in that expansion made this use more intensive. they then would be subject to trying to get this site in compliance or obtain variances.

And lastly, the um the types of deliveries that'll be taking place. Um the the delivery companies uh what size vehicles will they be using uh generally. So I believe I put that in there. That was something I did ask them about. Um it's like FedEx, GPS, FedEx, typical partial duties. And there is a loading dock on the end for that as well. Thank you. Yes, sir. Good questions. Any additional questions or comments? Comment. I'm sorry. Well, go ahead, John.

Yes. I noticed that about the backend park. I mean the parking and I just wondered why you you could try to back in. Put a sign up there ask people to back in to park. We absolutely can. Yeah,

we don't have that much delivery. It's our employee. We're limited to one as we speak. We are increasing that to maybe three or four within the next few weeks and few coming months because the business is still new for us here. Uh generally we are from Dallas. That's where our headquarter is and uh what we started here is just a small parcel just the electronic side of the business that we operate in. And with that being said, our our windows of delivery is just a UPS and FedEx that they just come drop off. It's like an technically a small box truck that comes and goes. They don't have to back in or uh it's not going to take a lot of time for them to just offload a box and move on. But as far as putting a sign for everybody to back in, absolutely we can do that. our association quite honestly.

Dan, make sure you use the microphone, please. I'm Dan Weinar, the executive director of the painting and decorating. We've owned that building for 35 years, I guess, now. Uh, we never back out onto the street. We have enough room there. Back and pull and then look out. Okay,

you can put two cars in a spot if one But we don't uh we also just recently redid the entire lot, repaved it and resized it and everything else. We also own the lot next door between Sonic and ourselves. Uh so maybe sometime in the future we would be considering creating some extra parking over there at some point, but it's never been a problem. And I've been in this position for 27 years. I never back out onto that street and we have all kinds of come you're probably familiar with that full care and a bunch of them. So anyway, thank you. That's all I have to say to you. Thank you. We're safe. Okay.

Thanks. My comment was I'm uh I've saw the building and it's a very interesting building. It is, but it's it's also at that end of the street. It's a low traffic situation. the landscaping businesses are at the other end of the street and they go out onto Ashb. So, it's I think it's not an issue at all. Okay. Uh with that said, I will seek a motion to recommend approval of the conditional use permit with stipulations as presented and discussed. I'll make the motion. Second. Second. All those in favor?

I Any opposed? Motion carries. I'll also seek a motion to recommend approval of the site plan with stipulations as presented and discussed. So moved. Second. All those in favor? I. Any opposed? That motion carried as well. Congrats. And as you've heard twice already, August 11, 6 p.m. final approval. Just a quick question. I reside in Dallas. Do I have to be present on August 11? No. Uh I can't speak. If I have to, I have to. Yeah, I can't speak for the rest of the council. Uh I don't anticipate there will be any issue with this. Okay. Would I be able to follow up with you if I need to be present on August 11? You do you have a representative in the area?

We can. Yes. You can just have if you have someone in the area, are you comfortable with probably not necessary, but yeah, any agent you wish. So, how that works for that meeting is it's typically there's no presentation like you did tonight. There's no standing at the microphone unless you're asked for questions. uh with a business of this type, I don't think there's ever been a question presented, at least in my 15 years. So, I can't tell you not to because a question might come up, but that's why we have council member Furnus and myself here to kind of coordinate with the city council as well. I appreciate it. Thanks for the answer.

All right, perfect. And on to our third proposed business for the evening. It's 10460 Page Avenue. You have a representative here. Please uh approach the mic and state your name for the records and give us a quick overview of the proposed business.

My name is Sean Chen and we acquired uh the old Jack in Box building by the corner of ASP and Paige. So we're trying to use everything existing convert it to a fast Chinese restaurant offering driving and curry out. Great. Great. Thank you.

Thank you, mayor. Thank you, Sean. Um, as Mr. Chen explained, this is an application for a drive-thru fast food restaurant. It's the former Jack in the Box location located on the souththeast corner of Paige and Ashby. The property has been vacant since 2023. Otherwise, the applications could have been approved administratively. The applicant has confirmed there will not be the sale of any alcoholic beverages at this location. Um, that was also included in the e- packet, the general correspondence with the applicant to confirm that there are no proposed plans to change the site. It was designed built as a fast food restaurant and serves the applicant's needs. The intensity of use should be similar to that of the previous fast food restaurant with drive-through service.

Great. Joe, any additions for this one? Uh, no. I didn't put anything sales there in the past, but I think we're all in agreement that aren't involved with that as it's drafted. It's just related to the preparation of Okay. No plan to sell alcohol. Is that correct? Probably not. Most of it not. I don't have to worry about it. Yeah. Yeah. If you don't I won't put anything about it. We can just leave it clean. I don't need to edit it then.

Okay. Uh any questions, comments from anybody in the audience for this address? questions, comments from the board. When do you plan to open when you say uh that you have um drive-thru and carry out? What does and carry out mean?

Uh customer can call in, order the food, they come into carry out but we do have some seats inside also probably it's about if a sitting full about 28 seats so so do you have the potential for eating onsite yeah they can eat on site but we do not offer any table services or anything they come to the counter order the food take the food the font soda is outside they serve by themselves That's a self service. It's a fast food restaurant. Yeah. So much like like Jack in the Box was set up. Yes.

Okay. And I guess my question was just to clarify that it's not strictly drive-thru. No. Um my question is about the trash pickup. Um some of the restaurants over there in the past have the grease clean out late at night. What time are you planning on having that kind of work done at your place? Well, what they a company already contact me to recycle the grease

and they will pick up whenever it's close to almost full. We call them next day they come to pick pick all the grease up in the daytime. Uh we trying to do it before the opening or after the close, not during operation. We trying to open from 10:00 a.m. to 900 p.m. So there wouldn't be somebody there doing that like at 1:00 in the morning? No. After 9:00 at night, it's going to be closed right after 9:00. Yes.

Okay. Just out of curiosity, do you have another um restaurant? You've done this before. I had a restaurant steakhouse and barbecue before, but Chinese restaurant is the first one. Uh because I saw the potential from Panda Express.

Yeah, they have almost 4,000 similar restaurant nation. Well, worldwide. So that's what triggered me when I saw Jackson box the building available it would be perfectly fit into it. Plus so far between 270 and 170 on pace there no any Chinese restaurant at all. buying fast food. No any change restaurant around there. So I thought this will be perfect fit

in that spot. You know crossfr with McDonald's, KFC, Pizza Hut, Wendy's, Taco Bell, but I know any Asian restaurant. Question for you. What What's the house specialty? [Laughter] probably with our chicken. Do you have an anticipated date to open?

Well, we have been ready for a while, but we just have to go through this process. Once the city hall give us a permit will open probably around September or October, no later than October 1st. Good. We choose September. And I have to agree with the audience. I live right around the corner from there. And the two eyes right on the corner, the old Jack in the Box and the Steak and Shake, you know, just right there at Ashb and Paige. And I when the fence went up, I got excited because I knew somebody had bought the place and they were ready to do something. So, yeah. Yeah. We're glad we did it.

Yeah. Okay. So with that said, I'll seek a motion to recommend approval of the conditional use permit with stipulations as presented and discussed. I'll make the motion. Second. All those in favor? I. Any opposed? That motion carries. Onto a motion to recommend approval of the site plan with stipulations as presented and discussed. I'll make the motion. Second. All those in favor? I. Any opposed? That motion carries. August 11th, final date. All right, on to uh the director's report for this evening. Katie, if you want to

Thank you, mayor. I have nothing to report this evening. There's been no recent cups that could be approved administratively. All right. Well, thank you. Got everything done. With that said, I'll seek a motion to adjurnn. So moved. Second. All those in favor? I opposed. We're journ. Thanks for joining us. Joe. Joe, can you wait one minute? supposed.