Planning and Zoning Commission - Regular Meeting

I would like to call the June 30th plan is on the commission meeting to order. Ken Crowder, please call the roll.

Chairman William Hardrick.

Here. Mayor Marty Little. Here.

Steve Olson. Mark Giroux.

Here.

I am here. Councilwoman Jessica Raquel. Here. Janet Dietrich.

Here.

Angela Williams.

Here.

City Attorney Joe Bond.

Here.

Katie Sanders.

Here.

Diane Robinson.

Here.

Thank you, Ken Crowder. Could everyone please stand for the Pledge of Allegiance and stay standing in remembrance of our service members, please? Thank you. for all thank you please be seated thank you all for coming tonight to our plan is on the Commission meeting it seems like a packed house and the first two rows thank you all for coming tonight so I will open up the floor I trust they want to read the the previous minutes from May 26th is there a motion Approve those minutes make the motion Thank you. Thank you for that second work all those in favor aye all those who opposed that motion does carry We would now begin the public hearing Please be advised the planners on the Commission is an advisory board that makes recommendations to the City Council final approvals final approvals are granted by the City Council Okay, let's get it going. 10334 Page Avenue. Anyone here for 10334 Page Avenue? Muhammad. I'm not going to try the last name. 10334 Page Avenue.

Okay.

Okay, we sent out proper notification to them, right? Okay. Would it be okay to, is that a motion, Mayor? Move them down or just?

I'll make a motion to amend the agenda to move them to the bottom of the list.

It's been a motion made to move them down to the end of the list for the agenda. Is there a second? Second. Thank you, Mark. All those who approve?

Aye.

All those who oppose? That motion does carry. Let's keep rolling. 1004 Page Avenue. Step up, state your name. Nature of your business, please.

Hello, my name is Bianca. This is my husband Evan.

Thank you for joining us.

Thank you. Thank you for having us. We're here to, I guess, see if it's possible to open a taqueria, taco restaurant. We're the current owners of La Vecindad down the street. And I don't know if you guys have noticed, but we have a lot of traffic there. So we're like, thank God that, you know, we've been really busy, but we're hoping to stay in the area, you know, so we're looking for another location. But at that location, we're just going to put the food. So here we're mainly going to stay, like, as it is basically, but we're hoping that the customers that are wanting to come in to just get food, not ice cream, go to the other location so that they're not waiting in line, like waiting to pick ice cream and popsicles and stuff. But yeah.

Thank you so much. Go straight over here to Katie for additional comments.

Thank you, chairman.

Thank you.

The previous business was also a dine in carry out restaurant. However, terminated the business license and subsequently commercial occupancy permit on September 9th, 2025. Therefore the conditional use permit and site plan could not be amended administratively. The site has numerous approved variances on file and per the zoning coordinators review appears to meet zoning requirements. The applicant is requesting to operate seven days a week, Sunday through Thursday from 8 a.m. to 11 p.m., Friday and Saturday from 8 a.m. to 12 a.m. This is an increase in operating hours from the previously issued conditional use permit in 2017, an increase well over 15% from the previous business hours. However, the applicant has indicated the business will not sell alcoholic beverages. The site abuts a residential home. However, there's a six-foot privacy fence at the rear of the property. The significant increase in the hours of operation will impact the overall intensity of use. However, due to the screening between the business and the residential property, that there will not be alcoholic beverages sold, and the site has been historically used as a restaurant, it does not appear this business will have a negative impact on the surrounding area. That's all I have, Chairman.

Thank you.

Yes, sir.

Senior Attorney Joe Bond.

Yeah, so if you go to that exhibit B, which is the conditional use permit, standard for a restaurant there was a comment that there won't be alcohol sales but I've amended this to theoretically allow for it if you ever grow into that obviously you'd need to get a liquor license to do all that but I don't see that needing to be a limitation unless obviously everybody else sees it differently but I would hate for them to have to go back and

if that were ever part of the plan.

Other than that, it seems like a pretty standard, you know, request in CUP.

Okay. Thank you. Before we, I got a quick question here. The previous business that was there, what were their hours, the previous restaurant?

The previous hours were 10 a.m. to 1 a.m. Okay. Seven days a week, 15 hours a day. Okay. And correction, I apologize. I'm looking at it. Previous hours were 10.30 a.m. to 9 o'clock p.m., Monday through Saturday.

Okay.

I apologize. I was looking at the previous applicant that we pushed to the end.

No worries. And the new ones, they would like the new ones to be 8 to 11, and then Friday and Sunday through Thursday, then Friday and Saturday it would be 8 to 12?

Yes, sir.

Okay. Any other questions or comments from the commission? Yes. Yes, sir. Mark, Jerome. Hello.

I think because this has been a restaurant for a very long time, and as Katie mentioned, there is screening in the back. I don't see where the hours, the extended hours really are a factor here at all.

Thank you, Mark. Any additional questions or comments from the commission?

Excited for you guys to open.

Thank you.

Anyone else? Anything from the audience?

No, okay. So many people.

So many. No, the first row is going.

That's why I didn't sit in the front row. I was like, let me make it look a little more formal.

Let me spread out a little bit. Okay. Well, I guess seeing there are no additional comments or questions from the commission or the audience, I open the floor for a motion to recommend approval with conditional use permit with stipulations as presented.

I'll make the motion.

Thank you, Ken Crowder. Thank you, Mark. All those in favor? Aye. All those who oppose? That motion does carry. Over the floor for a motion to recommend approval of site plan with stipulations as presented and discussed.

Make that motion to approve.

Thank you, Mayor. Thank you, Mark. All those in favor? Aye. All those who oppose? That motion does carry. Thank you all for your time tonight. I'm pretty sure Katie will probably get to touch you for additional anything else. Ms. Diane will, I apologize. Ms. Diane, will you give us anything additional? Thank you so much for your time. Thank you.

Thank you.

Okay, anyone here for 9465 Midland Boulevard? Come on.

You'd like to set us?

I want to state your name, nature of your business, please.

I'm Marco Guzman, and I want to operate a tire shop and a limited mechanic. Okay.

My name is Admiral Son, and I'm here with Marco Guzman.

Okay. You say like a mechanic shop?

Yes.

A limited mechanic. Tell us more about that. Tell us more about that.

Basically, it's just like tuna.

Okay.

It's not like cabbage.

I got you. Okay. Thank you all. Katie, any additional comments?

Thank you, Chairman. This is a continuing non-conforming use. Although the property is zoned R3 single-family residential, it has been utilized for commercial use. Therefore, it does not conform. The use doesn't conform with the zoning district. For Article 8, nonconforming uses, and more particularly, Section 400.515.3, discontinuance when a nonconforming use of a building or structure is discontinued or abandoned for more than 180 days, 180 consecutive days, except for where government action prevents access. The building or structure shall not therefore, excuse me, thereafter be used except in conformance with the regulations of the district in which it is located. The previous business was an automotive service center and terminated their business license on February 23, 2026. The new business owner submitted the business license packet, which includes the commercial occupancy permit application on February 20, 2026, which began the process, therefore allowing the commercial use to continue. It should be noted the land use being nonconforming does restrict enlargement as per Section 400.515.1 which states no existing building or structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged constructed reconstructed moved or structurally extended or altered except in changing the use of such building or structure to use to a use permitted in the district in which such building or structure is located the applicant was notified via email on June 10th 2026 of this stipulation The applicant is proposing to operate seven days a week from 8 a.m. to 7 p.m. The proposed land use being similar to the previous business with no changes to the site should not have a negative impact on the surrounding area and should continue to provide convenience to the neighborhood residents.

Oh, I have. Thank you.

Yes, sir.

City attorney Joe Bond.

Yeah, so this is a unique case where you have an old non-conforming use that this property is probably bigger than you could put houses or something on, a traditional R3 use. I mean, theoretically, you could subdivide it, and then you'd have two vacant lots instead of one. So we've put some limitations in this CUP, as Katie provided, that any modifications have to conform with those requirements on non-conforming uses. So it's not going to grow. It's just going to stay in the same footprint. But my understanding is it's been vacant for a little bit. But this is .

Well technically yes but the business license was still valid.

Yeah.

And that's the marker that we're using.

Right. Right. So it's kind of in that edge case so to speak. But this would clear all that up.

Yeah. Thank you. Any questions or comments from the commission.

Yes. I think we have another very simple decision here. This is a no-brainer. Glenn's Auto operated for 15 years or 20 years or maybe 30 years, and this is another automotive repair business. And may I say, gentlemen, it was a very nice letter that you wrote to Mrs. Robinson.

Thank you, Mark, for some deep and personal comments. No-brainer. Any other questions or comments from the Commission? Anything from the audience? Okay. Second row specific.

Okay. Spread out next time.

Okay. Seeing there are no additional comments or questions.

One question. Joe, do we draft anything in here regarding parking regulations for cars being worked on?

Can you speak into the microphone? Come up close to the microphone. Thank you. You can move it if you need to.

Yeah, there's not going to be overnight working, or it's just going to be like a box truck parking there.

Is that a box truck will be there?

Yeah, it's a personal use for tires. Gotcha. So... No, personally.

I'm saying, like, is it...

The box truck you mentioned.

It doesn't matter.

Is it going to be there on... Yeah, it's part of the business, the box truck.

Yeah, and I'd recommend we put just a limit here so it could prevent issues later. You know, if there's no plan to leave cars overnight, we could say leave eight cars there. I think that wouldn't be a problem. Up to eight.

That's right. That's a very big lot.

Are you okay with that? Up to eight cars you can park there overnight?

Yeah, that's fine.

Okay.

But we would ask with the company vehicle the box truck you'll need to provide the information to us make model then On your letter of intent you said there would be no company vehicles So if you would have indicated that we would have already asked for that information Yeah, just body. Nope. No worries. We'll get you taken care of.

Yeah It's good good call good call mayor Okay. We see that stipulation. Any additional questions? Yes, ma'am.

Will you be storing the tires in the box truck as well as in the shed that you're going to construct?

I want to add this. I want to put some containers on the parking lot as a storage, and all ones are going to be in the box truck.

You said the tires are in the box truck. Would you ask for additional storage of containers on the property? Yes. Go back to, I'm going to look at my right.

So that should have been addressed on the site plan ahead of time. If you, if you tell us those things, we can address those ahead of time, but you have to get approval and it has to be on your site plan if you're trying to put shipping containers there. Because we have to make sure it doesn't violate any setback requirements, ordinances you're not. you know, put it on the neighbor's property, that sort of thing. It all has to be on the plan that you gave us.

So there's not going to be containers. Say that one more time. There's not going to be containers. It's not all.

So you're saying no containers. Yeah.

So if he wanted to add the container so he would have to put it in the site plan you mentioned?

Yes, sir. Now, I don't know, Joe, you can probably speak on this. If that was something that the commission wanted to give authority if they revised that site plan with the locations and it met requirements, are you guys okay with us approving that administratively or would you like them to come back before you to review?

I'll leave that to the commission.

That is completely at the commission's discretion. I'm just trying. Yes we've known this this wouldn't have been presented this way.

Yeah. What are the parameters you look at to approve administrative way.

So we're looking at setbacks making sure that they're not going to block you know views of traffic where it's located on the site. Just making sure that they're not taking up more if they're taking up parking spaces. You know all of that has to come into play because you need a certain amount of parking spaces Kind of look at it for everything make sure that it's Not causing problems or violating any of the ordinances zoning.

Okay. Yeah, we can maybe also look at You know fencing or something if there's extensive storage, too That would be Something we can discuss

And this is the same kind of modification we have for other site plans for other automotive we have in the city, right? Same idea.

Well, in terms of what we've, the language in the conditional use permits, it's been, there's been the language of if the fire district requires something that's not a major, then it gives the authority to the director to approve that site plan. I think once or twice there's been a couple times when you guys have, given the authority to approve something administratively because you may have discussed it and there were no issues at the time. I'm not in the habit of doing this. It's not what I need to do. Otherwise, there's not really a reason for a commission. So I prefer it come back. But it also feels.

Yes, ma'am.

Yes.

For what it's worth. To the attorney. At a certain point, that is an expansion of the nonconforming use. Right.

The storage container? One could argue. If it's not a permanent structure, you could argue it any way you wanted to, counselor.

It's not going to be a permanent structure.

So I have a question. So are you thinking that... That the storage container you're going to have there would be something that you would pull off and load with new merchandise and then bring back? Or is it going to stay on the lot and then you're going to fill the storage container like it's a storage shed? It's going to stay on the lot. Okay. So it would be a permanent structure then, wouldn't it, if it stays on the lot?

One could argue. Maybe, maybe he's expressing, it's not gonna be a part like connected to the building.

Mm-hmm. I think that's a valid, a valid argument, but again, I would leave that up to the commission. We, I could make an argument for it or against it if you'd like, but I'm not the one requesting it.

Yes, ma'am.

Is that question for the truck? Is that what you said?

No, shipping container. The shipping container, not the box truck. Sorry. Yeah. The shipping container.

Yeah. So remain on site. Well, I understand the shipping container will remain on site. It will be loaded with things. It would not be removed. It will be there consistently, right?

Yes.

Okay.

I think because there is some question about this, particularly like Joe mentioned, if this could be considered an extension or an enlargement of the building and a non-conforming use, maybe. If they want that, they do need to come back to the commission and give Joe and I and Diane an opportunity to do a little more research on it.

Yeah, I don't want to open up shipping containers in any parking lot. Agreed.

And it may be more appropriate for a rezoning request for what it's worth.

That makes sense.

I mean, not that I want to have a C2 in the middle of an R3, but.

Well, they're on Midland, and there is commercial along Midland. They just, you know, they're the end cap of a residential neighborhood.

Sure. That might just be a better solution.

Yeah. Yes. So it sounds as though we're moving towards having them come back another time with an updated site plan.

Correct. Okay. That's what I think, just because there are some questions about this. Yes, ma'am. And with it being a continuing nonconforming use. Yes, ma'am. It would allow staff to spend a little more time researching this. Because, again, I think you could make the argument either way. But, again, I'm not the one requesting it.

And we don't want to run into additional issues down the road, something we learn later. Now everything's slowed down. They can't open their business because of other issues.

So I don't think there's any issue with 98% of this stuff. But with the outdoor storage, we just have to figure out what the plan is. Because we don't want to open this up and say anybody can put a storage container in the front of their building or that kind of thing. We also don't want a 15-foot pile of tires you know, sitting there just to keep the visual of the street in good order. So everything else, I think we're fine. We just have to figure out what exactly you want to do so we can get you approved and in good shape. So yeah if you if you wanted outside storage in any manner we're going to be my recommendation to hold off on this until we figure it out. If you don't want outside storage then we can move forward and get you approved. But if ultimately your goal is to have outside storage let's make sure we do it right and we can come back next month or whenever we have to to get it finalized.

There might be a middle step here and that we could approve what's been presented. Have that decided by the council whether that moves forward what on like the 20th. 20th.

And then.

we could figure out what to do about the zoning, whether that's a rezone, whether that's an amended CUP or something like that, just so they can open their business. I'd hate to stop that or add another month or month and a half to that. Just a thought.

That was gonna be my question. Is there any way we could move forward with the way it's written and planned and then when the commission, when you guys find out, where it can go, where it can't go, then present that to them, then they can come back and petition for, put in a new bit, a new comment for the storage container.

I'm fine with that.

Yeah.

I like Angela's idea.

Yeah, because I don't want to hold up any younger entrepreneurs at all.

Yeah, because it would have to be a postponement. Exactly. We wouldn't table it to a date, sir. We would probably do a postponement to another time. Right. But yeah, if we did a partial, essentially like a partial vote, what it sounds like, and then we'll kind of, they'll come back for the shipping containers for additional pieces to the site plan. So it sounds like we will probably, if you're okay, if everybody's okay with this, we will vote on the conditional use permit and we will wait on voting the site plan?

You'll vote on all of it.

Okay.

They'll need that to move forward to the next step.

To the city council.

Right. And then they can, we would need a revised site plan anyway, but this also gives us the liberties to research this a little bit more in terms of the continuing non-conforming use.

Yes, ma'am. Thank you, Katie.

Yes, sir.

Thank you. We're still working through it. Okay. Any questions or comments from the commission?

They're learning and we're learning. Yes, ma'am.

Any questions?

To the attorney. So that we are completely clear, I have amended this, that exhibit B, to contemplate overnight parking of one vehicle with the appropriate VIN, stock language, and the language to allow for up to eight cars to be parked overnight as this piece. Once we move on to the next piece with revised site plans or whatever, then we'll all

Reconvene but this way that they can move forward based on what we talked about sand storage containers Thank you for that clarification any questions or comments from the Commission Anything from the audience I'll open the floor for a motion to recommend approval with conditional use permit with stipulations as presented as expressed by city attorney Joe Bond.

Make the motion.

Thank you Ken and thank you Mark. All those in favor? Aye. All those who oppose? That motion does carry. Motion to recommend approval with site plan with stipulations as presented and discussed.

I'll make that motion. Thank you Mayor. Second.

Thank you Angela. All those in favor? Aye. All those not in favor? Motion does carry. Thank you all so much. I'm pretty sure Ms. Diane will call you here soon about additional pieces. But thank you all for walking over. Thank you all so much. So we'll move back up. We'll move back up to 10334 Page Avenue. That's I'm not seeing something seems they may not have arrived tonight. So. We can. Move to another. What's that process for us to reach out to them again or how does that work or. I'm going to look over to Katie. I'm sorry. For 1 0 3 3 4 Page Avenue. They did not. They didn't have a show up tonight so.

So we would postpone until a date certain.

Mm hmm. Mm hmm.

Which would be our next planning zoning.

Our next planning zoning.

That is July 28th.

Okay. I have a question.

Yes, sir. Since this is a change in ownership only, I ask Katie and Diane, have you had any other correspondence with a new owner, or do you have any more information other than what's in the packet?

I haven't, but Diane typically is the one that communicates with them while they're in the application process.

The only communication I've had is with outside storage, which they don't have. And they were told that tonight was the meeting, so I don't know why they're not here.

Additional questions, okay. Well, I will open the floor for a motion to postpone 1 0 3 3 4 page Avenue to for us to revisit this on 728 on the next plan is on the Commission meeting motion Thank You Angela second Thank You Janet all those in favor All those who oppose that motion does carry That is postponed to July 28th, Tuesday. Next we'll move on to our director's report from Ms. Katie Sanders.

Thank you, Chairman. The following conditional use permits were amended administratively per section 400.685, 2049 Woodson Road, auto lab repair, formerly Overland Tire and Auto Service. It's a change of business, ownership, and it's an automotive repair facility. 10,009 4 Page Avenue, J. Cho, Inc., formerly the Mad Chicken doing business as O-Wing Plus. Change of business ownership. It's a restaurant, dine-in, and carry-out. And that's all I have.

Thank you.

Yes, sir. Thank you.

Do we know if they're continuing O-Wing? Same name? Or is that just a new?

No, it's J-Cho Inc. That's the name of the business.

Wait, are they still presenting as O-Wing Plus? Do we know?

They're not. They're going to be, I believe, Asian-style cuisine. They will have wings, though. They did mention that. But O-Wings, it's sad to see them go. They had good wings.

Very good wings.

Yes.

Very much so. Okay. Thank you. Any unfinished or new business to discuss in your business? Anything?

Everybody welcome Councilwoman Jess Raquel to join us in the next year. If you don't know Jess, she's a Councilwoman of Ward 3 for four plus years now and owns the rec room here on Lackland. Speaking of wings.

Yes.

Speaking of wings. Okay. Anything else? I see no additional comments. I open the floor for adjournment. Second. Thank you, Mark. Thank you, Mayor. All those in favor? Aye. All those who opposed? I move to probably second this meeting. It's adjourned at 635. Thank you. Thank you all for your time.

Thank you.