Aug 08, 2023 Planning & Zoning Commission

[CALL TO ORDER]

[00:00:06]

, WELCOME TO THE CITY OF MCKINNEY'S PLANNING HIS ONLY COMMISSION MEETING OF TUESDAY, AUGUST 8TH 2023 THE COMMISSIONERS THAT YOU SEE SEATED BEFORE YOU I'VE BEEN APPOINTED BY THE CITY COUNCIL, AND WE SERVE AT THE PLEASURE OF THAT SAME CITY COUNCIL. IF YOU ARE HERE TONIGHT AND ARE GOING TO PARTICIPATE IN ONE OF OUR PUBLIC HEARING ITEMS WE HAVE A FEW HOUSEKEEPING NOTES FOR YOU BEFORE YOU COME TO THE PODIUM IF YOU WILL FILL OUT ONE OF THE YELLOW SPEAKER CARDS. THEN WHEN YOU COME TO THE PODIUM HANDED TO ONE OF OUR STAFF MEMBERS ON THE FRONT ROW YOU'LL HAVE THREE MINUTES TO GIVE US YOUR THOUGHTS . YOUR CONCERNS. WE DO APPRECIATE YOU BEING HERE. IT IS IMPORTANT THAT YOU ARE INVOLVED IN THE PROCESS OF GOVERNMENT IN MCKINNEY. YOU COULD HAVE BEEN SOMEWHERE ELSE TONIGHT. LIKE AT HOME. WHAT? YOU CHOSE TO BE HERE WITH US TONIGHT AND IT IT IS APPRECIATED. UM WHEN YOU HAVE 30 SECONDS LEFT, YOU'LL SEE A TIMER ON THE SCREEN. AND WE DO ASK THAT YOU STICK WITH IT THREE MINUTES SCHEDULE. UM WHEN YOU ARE SPEAKING IF YOU WILL FACE PLANNING AND ZONING AND THEN ALSO SPEAK INTO THE MICROPHONE THAT WILL LET THE CAMERAS PICK UP YOUR FACE. AND THE MICROPHONE . PICK UP WHAT YOU'RE SAYING SO WE KNOW WHO WE'RE TALKING TO, AND WHOSE TALKING TO US. WE DO APPRECIATE YOU BEING HERE AND WITH THAT WE WILL MOVE THROUGH. OUR AGENDA IS FAIRLY SHORT TONIGHT. THE FIRST PART WOULD BE AN OPPORTUNITY FOR ANYONE TO SPEAK ON AN ITEM THAT PUBLIC HEARING ATTACHED. AN EXAMPLE WOULD BE. UM THE MINUTES FROM OUR LAST MEETING, OR WE DO HAVE A GENERAL DEVELOPMENT PLAN. OH, AND OUR AGENDA. SO IF YOU COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING ITS OWN REGARDING ONE OF THOSE TWO ITEMS, PLEASE COME TO THE PODIUM. ALRIGHT. WE'LL MOVE TO SHE'S COMING. JACK IN A BOX. NO, SORRY. I DON'T KNOW. YEAH THAT'S OKAY. THAT'S OKAY. WE'LL BE THERE SHORTLY, THOUGH. DON'T GET COMFORTABLE. WE'LL BE THERE SHORTLY. UM. WE'LL LOOK FOR A

[CONSENT ITEMS]

HERE WE GO. I'M NOT. I DIDN'T HAVE THE OPTION. ABOUT I IN FAVOR OF THE MOTION. THAT EMOTION CARRIES HE CONSIDERED AGENDA HAS BEEN APPROVED. UM WE'LL NOW MOVE TO OUR REGULAR AGENDA ITEM. THESE ITEMS TO HAVE PUBLIC HEARINGS. FIRST ITEM IS 23-000 S. U P.

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit Request to Allow a Restaurant with Drive-Through (Jack in the Box), Located Approximately 190 Feet North of Falcon View Drive and on the West Side of South Custer Road]

[00:05:05]

AND HAS JUST THE ONE DRIVE THRU LANE. THE STAFF'S PROFESSIONAL OPINION THAT THE PROPOSED RESTAURANT RESTAURANT SHOULD NOT HAVE ANY ADVERSE IMPACTS ON THE NEIGHBOR NEIGHBORING PROPERTIES.

UM DUE TO THE LOCATION AND SUBJECT PROPER OF THE SUBJECT PROPERTY WITHIN AND INHERENTLY COMMERCIAL AREA ACCESS TO A PRINCIPAL ARTERIAL ROADWAY AND THE SPACING FROM RESIDENTIAL USES STAFF RECOMMENDS APPROVAL OF THE PROPOSED SPECIFIC USE PERMIT AND I WILL STAND FOR ANY QUESTIONS. ANY QUESTIONS? ANYONE HAVE A QUESTION? WHAT IS THE PURPOSE OF THE OF THE SPECIFIC USE PERMIT? IN OTHER WORDS, IS IT JUST BECAUSE OF DRIVE THROUGH OR IS IT SOMETHING ELSE? IT'S BECAUSE IT IS A DRIVE THRU RESTAURANT, UM, THE EXISTING ZONING FOR THE PROPERTY REQUIRES AN S U P FOR THAT USE SO THERE ARE NEW VARIANCES OR ANYTHING WITH IT. IT'S JUST FOR THE NET EXISTING ZONING DISTRICT. THANK YOU. THE CURRENT ZONING IS AN ISSUE PD, THEN THAT'S CORRECT.

AND IT REFERS TO THIS AREA. UM IT HAS A BASE OWNING OF WHAT WOULD BE THE EQUIVALENT OF C ONE. WHICH IS WHY IT REQUIRES THE S U P AND THAT DISTRICT THE PROPERTY JUST TO THE NORTH AND SEE TWO ALREADY. THAT'S CORRECT . IT'S A STRAIGHT ZONING C TWO, SO IT'S A LITTLE BIT MORE UPDATED. THIS PROPERTY AND THE COUPLE OF PROPERTIES TO THE SOUTH ARE WITHIN THAT. P D.

THANK YOU. ANYONE ELSE? THANK YOU. JAKE IS OUR APPLICANT HERE TONIGHT? MAYBE NOT. MAYBE MAYBE NOT. OKAY THIS IS A PUBLIC HEARING OUT OF ME IF YOU'VE COME TONIGHT AND WOULD LIKE TO ADDRESS PLANNING AND ZONING REGARDING THIS PROPOSED S U P. HE'S COME TO THE PODIUM. ALSO, IF YOU HAVE SUBMITTED A UM. COMMENTS ONLINE. THOSE COMMENTS WILL GO TO THE CITY COUNCILORS.

PART OF OUR MINUTES. GOOD EVENING. MY NAME IS KATHLEEN HOUSE AND I LIVE ON SPARROWHAWK . THAT'S IN THE AREA FOR YOUR NOTIFICATION. WHEN I RECEIVED YOUR NOTIFICATION IN THE MAIL, I WILL TELL YOU ALMOST STARTED CRYING. BROUGHT ME BACK TO MY TWENTIES WHEN I LIVED IN AN APARTMENT, MY HUSBAND AND I AND ARLINGTON AND THE APARTMENT DIDN'T SHOW YOU THE BACK SIDE OF THE APARTMENT COMPLEX AND WENT ON THE OTHER SIDE WAS A DRIVE THROUGH. AND YOU CAN HEAR THE DRIVE THRU PEOPLE TALKING. AND SO THAT'S WHY I FELT LIKE I HAD TO COME AND GIVE MY OPINION TODAY BECAUSE WHEN I BOUGHT BOUGHT INTO MCKINNEY, I CHOSE BECAUSE OF ENVIRONMENTALLY THERE. BECAUSE IT WAS IN D MAGAZINE BACK IN. 2002 IS ONE OF THE TOP FIVE ELEMENTARIES IN NORTH TEXAS. A LOT OF OUR NEIGHBORS HAVE LITTLE KIDS. THEY NEED TO SLEEP AT NIGHT, AND THEY SHOULD NOT HAVE TO HEAR. A DRIVE THROUGH SOUND. AND I LOOKED UP AT THE JACK IN THE BOX. AND YOU KNOW YOU CAN SEE MY COMMENTS BECAUSE I'VE ALREADY SUBMITTED IT ONLINE. MOST JACK BOX JACK IN THE BOX IS IN THE AREA ARE OPEN FROM FOUR AM 24 AM, SO THAT'S 24 HOURS OR 6 A.M. TO MIDNIGHT. 12 AM I DID NOT CHOOSE. TO LIVE IN WHAT I HAVE LOVED THE CITY OF MCKINNEY TO HEAR PEOPLE ORDERING JACK IN THE BOX. THERE ARE OTHER AVENUES THERE ARE OTHER ABOVE VIRGINIA. THERE'S ARBY'S THEIR SONIC. THERE'S PEOPLE THAT DON'T LIVE. HOUSES AS CLOSE. THERE ARE BETTER PLACES TO PUT A JACK IN THE BOX THEN ON SPARROWHAWK. TO GET OUT ON FALCON VIEW IS ARE READY. FALCON VIEW TO CUSTER. IF YOU WANT TO GO LEFT IS ALREADY A NIGHTMARE. MATTER OF FACT, I DON'T DO IT ANYMORE. IT'S DANGEROUS EITHER. TURN RIGHT AND MAKE THE LOOP OR I GO DOWN AND GET THE LIGHT ON THAT COTTON COTTON RIDGE. OVER THERE. AND YES, IT WILL NEGATIVELY IMPACT WHEN I MY PROPERTY VALUES WHEN I

[00:10:03]

ANYONE ELSE? WHAT TO SPEAK TONIGHT. MR. HOW WOULD YOU LIKE TO COME UP? GOOD, OKAY? ANYONE ELSE? ANYONE ELSE WHAT WE WILL DO, WE WILL LOOK FOR A MOTION TO CLOSE THE PUBLIC HEARING MOVE, AND THEN WE'LL HAVE CONVERSATION AMONGST OURSELVES. SO IF YOU UM I WOULD LIKE TO SPEAK NOW WOULD BE THAT CHANCE BECAUSE YOU WON'T HAVE THAT CHANCE IN ABOUT 30 SECONDS. VERY GOOD. WE HAVE EMOTION TO CLOSE THE PUBLIC HEARING SECOND, MISTER WATLEY. IS THERE ANY DISCUSSION? CAST YOUR VOTES. TWO. HI. THAT EMOTION CARRIES A PUBLIC HEARING HAS BEEN CLOSED.

QUESTIONS OR MOTIONS. MR BENNETT IN ONE HAVE A QUESTION FOR TAKE . COMMENTS JUST COMMENTS. UM YOU KNOW THIS PROPERTY? HE SITS ON A MAJOR THOROUGHFARE, CUSTOMER ROAD NORTH SOUTH GOING INTO, YOU KNOW, THROUGH THE TOWN. THE PROPERTY LOCATED JUST TO THE NORTH OF IT IS C TWO. BY RIGHT TODAY, YOU HAVE THE RIGHT TO DO DRIVE THROUGH. UM THEY COULD DO A DOUBLE DRIVE THRU, THEREBY RIGHT. NOT SURE HOW THIS THING EVER GOT ZONE TO A C ONE. IT REALLY KIND OF IS A CLASSIFICATION OF A C TWO AND WHICH DOES PERMIT DRIVE THROUGHS AND I'M ACTUALLY IN FAVOR OF CHANGING THE ZONING TO GIVE THIS ISSUE BECAUSE I THINK IT SHOULD HAVE BEEN ZONE C TWO ORIGINALLY.

ANYONE ELSE? JAKE QUESTION OF YOU REAL QUICK. APPROPRIATE TO THE NORTH, WHICH IS C TWO.

SOMEONE COULD COME IN AND THEY CAN MOVE JACK IN THE BOX FURTHER NORTH. THAT'S CORRECT, SO WE IT'S NOT SHOWN ON HERE IS DEVELOPED A COUPLE OF YEARS AGO. THERE IS AN EXISTING CAR WASH KIND OF THE NORTHWEST SIDE OF THE SITE, AND THEN WE HAVE APPROVED PLANS FOR ANOTHER USE.

THAT'S RIGHT IN FRONT OF THAT ALONG CUSTER BUT YES, WITHIN THE C TWO DISTRICT. SOMEBODY COULD DEVELOP A JACK IN THE BOX OR ANOTHER RESTAURANT WITH DRIVE THRU BITE, RIGHT? THAT IS CORRECT. RIGHT OKAY. VERY GOOD. THANK YOU. ANYONE ELSE? MAKE A MOTION TO APPROVE THE PROPOSED SPECIFIC USE PERMIT REQUESTED WITH THIS SPECIAL ORDINANCE PROVISIONS LISTED IN THE STAFF REPORT MOTION BY MR WOODARD TO APPROVE THE ITEM AS PER STAFF RECOMMENDATION, INCLUDING ANY PROVISIONS INCLUDED IN THE STAFF REPORT. MR TAYLOR. IS THERE ANY DISCUSSION? CAST YOUR VOTE. I.

THAT MOTION CARRIES AN ITEM WILL BE SENT TO THE CITY COUNCIL. FOR FINAL ACTION. WITH A FAVORABLE RECOMMENDATION FROM PLANNING AND ZONING IN THAT MEETING IS SEPTEMBER THE 5TH 2023 AGAIN.

MISS SOUTH. YOUR COMMENTS WILL GO TO THE CITY COUNCIL. AS PART OF OUR MINUTES. THE NECK. SURE, NOT ME. OKAY? AND WITH YEAH. BLUE. BUT THAT IS NOT. THAT'S NOT OUR HOUSE. OKAY? MAYBE WHEN

[00:15:06]

[Conduct a Public Hearing to Consider/Discuss/Act on a Specific Use Permit to Allow A Stealth Telecommunication Structure (CR Charitable Golf Property Cell Tower), Located on the South Side of Collin McKinney Parkway and Approximately 1,250 Feet East of Piper Glen Road]

THIS IS ON THE SOUTH SIDE OF COLUMN. MCKINLEY PARKWAY, 1250 FT. EAST OF PIPE. RUTLAND ROAD, SHEFFIELD. THANK YOU. THIS IS A SPECIFIC USE PERMIT FOR PROPOSED 115 FT STEALTH TELECOMMUNICATIONS STRUCTURE. WITH A 4 FT. LIGHTNING ROD. THIS REQUEST MAY SEEM SIMILAR IT WAS APPROVED OR SIMILAR REQUEST WAS APPROVED BY A CITY COUNCIL EARLIER THIS YEAR IN FEBRUARY FOR STEALTH MANIPUR DESIGN, AND SO THE DIFFERENCE BETWEEN THE TWO IS THE MONOPOLY DESIGN IS SOMETIMES REFERRED TO AS A FLAG LYS FLAGPOLE. WHEREAS THE APPLICANT IS NOW REQUESTING FOR A NEW DESIGN OF THAT STEALTH COMMUNICATIONS TOWER TO A THREE SIDED MONOLITH. EVERYTHING ABOUT THE REQUEST, ASIDE FROM THE DESIGN IS THE SAME. SO THE PROPOSED HEIGHTS THE PROPOSED SCREENING THE DISTANCE BETWEEN, UM SETBACKS AND PROPERTY LINES AND THINGS OF THAT NATURE. THOSE ARE ALL THE SAME AS THE PREVIOUS REQUEST. THEY'RE JUST COMING BACK IN WITH THE NEW DESIGN OF THE TOWER. SO STAFF DOES RECOMMEND APPROVAL OF THE NEW DESIGN. WE DON'T HAVE ANY CONCERNS WITH WHAT THEY'RE PROPOSING, AND I WILL STAY IN FOR ANY QUESTIONS. QUESTIONS ANYONE TELL. WHAT DOES THAT MEAN THE DEFINITION OF THE TERM OF STEALTH MEANING TRYING TO BLEND IN OR DISGUISE THE ACTUAL CELL TOWER EQUIPMENT INSIDE? SO. SO WHEN THIS WAS APPROVED BEFORE CAN YOU REMIND ME WENT? WHAT WHAT WAS THE DIFFERENCE? BUT WAS THE DESIGN? WAS IT A WHAT DID IT LOOK LIKE BEFORE IT LOOKED LIKE BEFORE? SO HERE YOU CAN. IT WILL BE A FLAT SURFACE OF THREE SIDED FLAT SURFACE FOR THAT TOWER DESIGN THAT PREVIOUS REQUEST LOOKS LIKE A FLAGPOLE. JUST A STRAIGHT CYLINDER POLE WITH NOTHING ON IT, WHEREAS THIS IS MORE OF A MONUMENT OR A MANULIS, WHEREAS THAT WAS JUST A POLE STICKING OUT. THANK YOU. THANK YOU. ANYONE ELSE? THANK YOU, SIR. APPLICANT HERE. YES, SIR. CHAIRMAN COX COMMISSIONERS. MY NAME IS DAVID PRIDGEN, AND I REPRESENT THE SALESMANSHIP CLUB. AND WE HAVE SUBMITTED. WE WERE APPROVED FOR THE MONOPOLY BEFORE THE FLAG WAS FLAGPOLE. NOW WE'RE LOOKING FOR THE THREE SIDED MONUMENT TYPE TOWER. AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. QUESTIONS. IT'S AN IMPROVEMENT LOOKS GOOD.

THANK YOU. THANK YOU. WE APPRECIATE YOU BEING HERE. APPRECIATE WHAT YOU GUYS DO IN MCKINNEY ALSO, THANK YOU VERY MUCH VERY MUCH. THIS IS A PUBLIC HEARING ON THEM. SO IF YOU COME TONIGHT, AND YOU WOULD LIKE TO ADDRESS THIS STEALTH TELECOMMUTE COMMUNICATION STRUCTURE. PLEASE COME TO THE PODIUM. ALRIGHT, SEEING NONE. WE HAVE A MOTION. MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVED FOR STAFF RECOMMENDATION. EMOTIONAL MR WOODRUFF TO CLOSE THE PUBLIC HEARING AND APPROVE THE ANIMUS. FIRST AFRICA MUNDAY SHIN. SORRY MY MR LOBO'S OR ANY DISCUSSION.

PLEASE CAST YOUR VOTES. HI. THAT MOTION CARRIES ON HIM WILL BE SENT TO THE CITY COUNCIL WITH THE FAVORABLE RECOMMENDATION. I HAVE FOUR FINAL ACTION ON THE SEPTEMBER 20TH SEPTEMBER 5TH 2023 CITY COUNCIL MEETING. THAT IS THE LAST PUBLIC HEARING ANIMAL ON THE AGENDA. WE NOW WILL MOVE TO ANY PUBLIC COMMENTS ON AN ITEM THAT IS NOT ONLY AGENDA. YOU HEAR, DENYING IT WOULD LIKE TO ADDRESS, PLANNING AND ZONING ON AN ITEM NOT ONLY AGENDA PLEASE COME TO THE PODIUM. RIGHT. NEXT ITEM WILL BE STAFF TO TELL US SOMETHING WONDERFUL THAT THEY'VE DONE.

[COMMISSION AND STAFF COMMENTS]

[00:20:06]