[00:00:01]
WIFE BOUGHT HIM. YEAH. AND HE WENT BACK, GOT HIS MBA TOTALLY FREE. IT'S LIKE IT'S ALL IT'S
[BUSINESS SESSION]
IT'S A WILD. GOOD EVENING. I WOULD LIKE TO WELCOME YOU TO THE NOVEMBER 17TH, 2025 MEETING OF THE CITY PLANNING COMMISSION. BEFORE WE BEGIN, I WILL OUTLINE THE PROCEDURE THAT WE WILL FOLLOW FOR OUR PUBLIC HEARING. AS EACH AGENDA ITEM IS CALLED, THE APPLICANT OR THEIR REPRESENTATIVES AND PEOPLE ON BEHALF OF THE REQUEST WILL BE ALLOWED TO SPEAK, THEN PEOPLE AGAINST THE REQUEST WILL BE ALLOWED TO SPEAK. THERE IS OPPOSITION TO THE REQUEST. THE APPLICANT WILL BE ALLOWED TO MAKE A SHORT REBUTTAL. ALL PEOPLE WISHING TO SPEAK NEED TO COME TO THE MICROPHONE AT THE FRONT OF THE ROOM, AND PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, IF YOU DID NOT COMPLETE A SPEAKER CARD PRIOR TO SPEAKING, STAFF WILL PROVIDE ONE TO YOU. THIS IS TO ENSURE AN ACCURATE MEETING RECORD. ALL STATEMENTS MADE SHOULD BE RELEVANT TO THE AGENDA ITEM AND BE LIMITED TO THREE MINUTES. THERE ARE SEVERAL PEOPLE IN FAVOR OR OPPOSED TO REQUEST. WE ENCOURAGE YOU TO ALLOW 1 OR 2 PEOPLE TO ACT AS A SPOKESPERSON FOR THE GROUP. WHILE PUBLIC DISCOURSE IS VERY IMPORTANT TO THE COMMISSION, WE HAVE TO MAINTAIN ORDER IN THE MEETING SO THAT ALL PEOPLE MAY BE HEARD AND CITY BUSINESS MAY BE CONDUCTED. IF SO DIRECTED BY ME, THE SERGEANT ARMS SHALL REMOVE FROM THIS MEETING ANYBODY THAT BECOMES UNRULY OR PREVENTS US FROM CONDUCTING AN ORDERLY MEETING. THE COMMISSION MEMBERS HAVE REVIEWED EACH OF THESE ITEMS IN A PREVIOUS WORK SESSION THAT WAS OPEN TO THE PUBLIC. THE RECOMMENDATIONS WE MAKE TONIGHT WILL BE BASED ON THE WORK SESSION, AS WELL AS ANY ADDITIONAL INFORMATION PRESENTED HERE. AFTER COMPLETING THE HEARING ON EACH ITEM, THE COMMISSION WILL CONSIDER ACTION ON THE ITEM AND THE ACTION TAKEN TONIGHT ON ALL ITEMS, EXCLUDING PLOTS, WILL BE IN THE FORM OF A RECOMMENDATION TO CITY COUNCIL. CITY COUNCIL WILL ALSO CONDUCT PUBLIC HEARINGS ON AGENDA ITEMS, EXCLUDING PLOTS, ON TUESDAY, DECEMBER 2ND, 2025, IN THE THEATER OF THE WACO CONVENTION CENTER AT 100 WASHINGTON AVENUE.[MINUTES]
FIRST ITEM ON OUR AGENDA TONIGHT IS THE APPROVAL OF THE MINUTES OF OUR OCTOBER 28TH, 2020 WORK SESSION IN BUSINESS MEETINGS AND THE OCTOBER 20TH, 2025 SPECIAL CALL WORK SESSION.ARE THERE ANY CHANGES OR ADDITIONS? OKAY. SEEING NONE, THOSE WILL STAND APPROVED AS
[PUBLIC HEARINGS]
WRITTEN. OUR FIRST ITEM TONIGHT. WE ARE GOING TO SKIP AROUND A LITTLE BIT, BUT WE WILL START WITH ITEM Z 2544. WHAT IS CITY STAFF'S RECOMMENDATION? MR. CHAIR, MEMBERS OF THE COMMISSION, THIS IS CASE Z 2544. THE APPLICANT IS JONATHAN CANNON OF WALKER PARTNERS LLC.THE REQUEST IS TO AMEND APPROXIMATELY 10.54 ACRES, MORE OR LESS, OF THE VILLAGE PUD CONCEPT PLAN, LOCATED BETWEEN RITCHIE ROAD AND THE SINGLE FAMILY AREA, BY ONE CHANGING THE LAND USE OF 4.29 ACRES ALONG RITCHIE ROAD FROM COMMERCIAL LAND USE TO MULTIFAMILY COMMERCIAL FLEX LAND USE, AND TWO AMENDING THE PUD NARRATIVE BY UPDATING AND PROVIDING SETBACKS, STREET AND LOT OPTIONS FOR MULTIFAMILY DEVELOPMENT. THE LOCATION IS RITCHIE ROAD AND COWAN BOULEVARD. THE LEGAL DESCRIPTION FOR THE ENTIRE COLON VILLAGE BEING THAT THIS IS A CONCEPT PLAN AMENDMENT IS BEING PROPERTY LOCATED AT THE NORTHWEST SIDE OF THE INTERSECTION OF RITCHIE ROAD AND COWAN BOULEVARD, AND DESCRIBED AS APPROXIMATELY A 151.173 ACRE TRACT, MORE OR LESS LOCATED LOCATED IN THE L MARBLE SURVEY. ABSTRACT 580 IN THE CITY OF WACO, MCLENNAN COUNTY, TEXAS. THE NEIGHBORHOOD ASSOCIATION IS THE WEST WACO NEIGHBORHOOD ASSOCIATION. WE DID MAIL OUT 231 NOTICES ON NOVEMBER 6TH, INCLUDING THE NEIGHBORHOOD ASSOCIATION. WE RECEIVED ONE RETURNED IN OPPOSITION. A COUPLE CASE HIGHLIGHTS THE PROPERTY THAT YOU SEE HERE ON THE SCREEN THAT IS AFFECTED WOULD BE THE RED THE THERE WE GO, THE OUTLINED RED AREA. THAT IS THE AREA THAT'S PROPOSED TO GO FROM JUST STRAIGHT COMMERCIAL TO COMMERCIAL FLEX, GIVING THEM THE OPPORTUNITY TO EITHER DEVELOP MULTIFAMILY OR COMMERCIAL. AND THEN THE BLUE IS REMAINING AS MULTIFAMILY, HOWEVER, SOME WORDING WITHIN THE ORDINANCE THAT, AS I MENTIONED, OUTLINING SOME SETBACKS. THE APPLICANT, HOWEVER, DID NOT POST THE STATE MANDATED SIGN ON THE PROPERTY NOTIFYING OF THE ZONE CHANGE AT LEAST THE TEN DAYS PRIOR TO THE PUBLIC HEARING. AGAIN, THAT IS A STATE STATUTE REQUIREMENT ALSO ADOPTED WITHIN THE CITY OF WACO ORDINANCES. ACCORDINGLY. THEREFORE, THE ITEM WILL HAVE TO BE CONTINUED TO THE DECEMBER 15TH, 2025 PLAN COMMISSION. BUT SINCE WE DID MAIL OUT 231 NOTICES, I DO RECOMMEND THAT THOSE IN ATTENDANCE WISHING TO SPEAK ON THE ITEM STILL HAVE THE OPPORTUNITY TONIGHT IN THE EVENT THAT THEY CAN'T COME BACK IN DECEMBER. THANK YOU. SO THAT'S WHY WE MOVE THIS ITEM TO FIRST ON OUR AGENDA. WE WILL HAVE TO REHEAR IT AT THE NEXT PLANNING COMMISSION. BUT IF YOU'RE HERE TONIGHT TO SPEAK ON THIS ITEM AND WOULD LIKE TO SPEAK, WE WOULD LOVE TO GIVE YOU THE OPPORTUNITY TO DO SO. YEAH. PLEASE JUST STATE YOUR NAME AND ADDRESS FOR THE RECORD.
[00:05:07]
YES, SIR. YEAH. FOR THE RECORD, MY NAME IS CHARLES HERRON. I LIVE ON STINSON COURT, WHICH BORDERS THE PROPERTY THAT IS BEING DISCUSSED TONIGHT. ARE OBVIOUSLY WILL PROBABLY BE DISCUSSED AGAIN ON THE 15TH OF DECEMBER. I'M JUST TRYING TO FIND OUT A LITTLE MORE INFORMATION. MAKE A COMMENT OR TWO. I'M NOT EXACTLY SURE. FROM THE NOTICE THEY SENT, WHETHER THEY INTEND TO MAKE IT COMMERCIAL, WHETHER THEY INTEND TO MAKE IT MULTIFAMILY. I KNOW THERE IS CERTAINLY RULES AND REGULATIONS ABOUT THE DENSITY PER ACRE THAT CAN GO ON THAT PROPERTY. IT'S MY UNDERSTANDING IT'S ABOUT EIGHT ACRES TOTAL. AND OBVIOUSLY FROM A REAL ESTATE STANDPOINT, I WOULD CERTAINLY NOT WANT A 2 OR 3 STORY APARTMENT COMPLEX LOOKING RIGHT IN MY BACKYARD. AND I DON'T THINK ANYBODY THAT LIVES THERE WOULD EITHER. SO NICE TOWNHOMES. I DON'T KNOW REALLY WHY THEY COULDN'T MAKE THAT ANOTHER RESIDENTIAL DEVELOPMENT RIGHT UP THERE EITHER. ON EITHER THERE IS SOME PROPOSAL TO PUT A ROAD RIGHT BEHIND THAT FENCE THAT BORDERS MY PROPERTY AND MY NEIGHBOR'S PROPERTY AS WELL. AGAIN, I DON'T THINK THAT'D BE A GOOD IDEA EITHER. I KNOW THERE HAS BEEN SOME SCUTTLEBUTT OR INFORMATION PASSED AROUND ABOUT A DOLLAR TREE GOING IN THAT COMMERCIAL RESIDENCE THERE. I WOULD BE VERY MUCH OPPOSED TO SOMETHING LIKE A DOLLAR TREE GOING IN THAT NEIGHBORHOOD. OBVIOUSLY, FROM A REAL ESTATE STANDPOINT, EVERYBODY IN THAT NEIGHBORHOOD IS CONCERNED ABOUT THE PROPERTY VALUE AND WHAT CERTAIN THINGS THAT MIGHT BE BUILT THERE WOULD DO TO THOSE PROPERTY VALUES.BUT AGAIN, I DON'T THINK ANYBODY THAT LIVES IN THE THAT BACKS TO THAT PROPERTY WANTS A 2 OR 3 STORY APARTMENT COMPLEX LOOKING IN THEIR BACKYARD. SO BUT I DON'T KNOW IF ANYBODY HAS ANY MORE INFORMATION ABOUT WHAT YOU ALL KNOW. AS FAR AS WHAT'S REALLY PLANNED BACK THERE. I KNOW RYAN LINDSEY IS THE DEVELOPER, THE GUY THAT DEVELOPS AND CONTINUES TO DEVELOP CALLAN RANCH. SO CITY STAFF, DO Y'ALL HAVE ANY MORE CONTEXT? IF WE CAN GO BACK TO THE THE MAP? YEAH. SO THE AREA ACTUALLY GO BACK TO ONE MORE, PLEASE. ENRIQUE. THERE WE GO.
THIS IS WHAT'S APPROVED THERE RIGHT NOW. SO THE DARK SOLID BLUE IS APPROVED ALREADY FOR MULTIFAMILY OKAY. THE SOLID RED IS THE COMMERCIAL AREA THAT AS APPROVED NOW. SO GO FORWARD TO THE NEXT SLIDE. WHAT THEY'RE PROPOSING TO DO IS GIVE MULTIFAMILY AS AN AVAILABLE OPTION WITHIN THAT RED HIGHLIGHTED AREA. YES. THAT WOULD BE THE THE MAIN CHANGE IN THIS OPTION RATHER THAN STRAIGHT COMMERCIAL TO GIVE THEM AN OPTION OF RESIDENTIAL, MULTIFAMILY, RESIDENTIAL OR COMMERCIAL WITHIN THAT AREA. RIGHT. AND THEN WITHIN THE SOLID BLUE, IT'S MORE OF A NARRATIVE CHANGE, A WRITTEN CHANGE WITHIN THE PLAN ITSELF, ALLOWING MORE OF A TOWNHOME STRUCTURE AS AN OPTION AS OPPOSED TO JUST THE YOUR STANDARD MULTIFAMILY APARTMENT APARTMENT COMPLEX. SO IT'S GIVING DIFFERENT OPTIONS, RIGHT? AND I DON'T KNOW IF Y'ALL HAVE DRIVEN OUT IN THAT AREA. THERE'S TWO GIGANTIC APARTMENT COMPLEXES THAT JUST HAVE BEEN BUILT WITHIN A COUPLE OF MILES OF THERE. I MEAN, BIG APARTMENT COMPLEXES, THEY'RE NOT EVEN FINISHED YET, BUT THEY'RE VERY LARGE. SO I DON'T REALLY SEE THE NEED FOR ANOTHER GIGANTIC APARTMENT COMPLEX ON A ON A PROPERTY LIKE THAT. SO, BUT ANY QUESTIONS? COMMENTS? I MEAN, OBVIOUSLY FROM A SOMEWHAT SELFISH STANDPOINT, YOU JUST DON'T WANT SOMEBODY TO BUILD A GIGANTIC APARTMENT COMPLEX RIGHT BEHIND YOUR HOUSE. SO.
AND NOR WOULD I WANT A ROAD CUT THROUGH THERE EITHER. BUT I MEAN, THERE'S ENOUGH, YOU KNOW, PROPERTY IN THERE WHERE THEY COULD MOVE THAT SIGN BACK AND PROBABLY MAKE ANOTHER NICE LITTLE DEVELOPMENT IN THERE, TOO. OBVIOUSLY, THE COMMERCIAL AND MULTIFAMILY, THERE'S CERTAINLY COMMERCIAL PROPERTY IS USUALLY WORTH MORE THAN STRAIGHT MULTIFAMILY PROPERTY.
BUT SO I DON'T KNOW EXACTLY WHAT AT THIS POINT, WHAT THEY HAVE PLANNED THERE. SO I CAN ARGUE FOR OR AGAINST IT. YES, SIR. UNFORTUNATELY WE DON'T HAVE THAT INFORMATION. HAVE THAT INFORMATION EITHER. WE REALLY ARE JUST VOTING ON WHETHER OR NOT THIS PIECE OF LAND MAKES SENSE TO ALLOW FOR MULTIFAMILY JUST ON THE FRONT PART, SINCE THE BACK PART'S ALREADY BY. RIGHT? MULTIFAMILY ALLOWED, RIGHT? SO I GUESS POTENTIALLY WE COULD CONSIDER IF MAKING THE MULTIFAMILY PORTION THAT MUCH BIGGER ALLOWS A DIFFERENT TYPE OF APARTMENT
[00:10:02]
COMPLEX THAT WOULD POTENTIALLY BE HIGHER, DENSER THAN WHAT'S ALLOWED RIGHT NOW. WE I DID TAKE SOME NOTES AND WE'LL HAVE SOME MORE INFORMATION TO ADDRESS YOUR QUESTIONS AT THE DECEMBER MEETING, BUT THE APPLICANT WOULD BE HERE AT THAT MEETING AS WELL. AND THOSE WOULD BE GOOD QUESTIONS THAT HE COULD HELP ANSWER. OKAY. ALL RIGHT. THANK YOU. THANK YOU, MR. CHAIR. BACK BACK HERE IN THE CHEAP SEATS. I JUST WANT TO ADD A COUPLE THINGS. THERE'S ALREADY REGULATIONS IN THE MULTIFAMILY SECTION THAT HAS A LOWER DENSITY THAN WHAT YOU SEE FROM MOST APARTMENT COMPLEXES. IT'S 15 UNITS AN ACRE. THE GENTLEMAN SPOKE OF SOME OTHER COMPLEXES IN THE AREA. THOSE ARE HIGHER DENSITIES AT 25 UNITS PER ACRE. THEY'RE BEING BUILT. AND THEN ALSO THERE'S A MAX BUILDING HEIGHT OF JUST ONE AND TWO STORIES. SO THERE COULD NOT BE ANY THREE STORIES IN THAT BLUE AREA. AND WOULD THAT LANGUAGE EXTEND TO WHAT WE'RE APPROVING ON THE FRONT AS WELL? THAT'S CORRECT, THAT'S CORRECT. YES, SIR. ANY DO YOU NEED MY NAME, SIR? YES, THAT'D BE GREAT. ROBERT MAUCK, 2000 SLOCUM COURT. THANK YOU. ANY REASON WHY THE OTHER COMMERCIAL OR. THEY'RE STILL TRYING TO KEEP THAT ONE RED COMMERCIAL AND NOT JUST DO THE WHOLE THING? MULTIFAMILY. THE ONE THAT IS SHOWN IS COMMERCIAL. ALREADY HAS APPROVED PLANS ON IT. SO THE GAS STATION. YES, SIR. YEAH, YEAH. THE ONE THAT THEY DIDN'T MAKE US AWARE OF. HOWEVER, SORRY TO INTERRUPT. JUST TO NOTE THAT IN THE NARRATIVE FOR THE PUD, THEY'RE ONLY ALLOWED TO HAVE ONE GAS STATION SO THEY COULD NOT PUT ANOTHER GAS STATION IN THE AREA THAT'S SHOWN ON THERE. YEAH. YEAH, THAT'D BE HORRIBLE. I MEAN, MY CONCERN AGAIN WOULD BE THE DENSITY AND THE HEIGHT FOR THE PEOPLE WHO LIVE ALONG THAT STREET THAT BACK UP. I MEAN, YOU JUST DESTROYED THE VALUE OF THEIR HOME. IF YOU IF THEY HAD TWO STORIES AND SOMEBODY. BUT I NOTICED THAT THE OTHER SECTION OF CALLEN, THAT'S THE DUPLEXES THAT ARE IN THE BROWN OVER THERE. ORIGINALLY THEY WERE LISTED AS TOWNHOMES, BUT THEY BECAME DUPLEXES AND KEPT THEM LOW. AND I THINK WE WOULD ALL BE OKAY WITH THAT. OKAY. IF THAT'S WHAT WE'RE GOING TO DO, YOU START GOING HIGH. I THINK WE ALL WOULD WOULD, WOULD NOT BE OKAY WITH THAT. I THINK IT WOULD NOT BE GOOD FOR THE VALUE OF OUR PROPERTIES, AND IT DEFINITELY WOULDN'T RAISE THE VALUE OF ANYTHING ELSE. SO AND AGAIN, I'M GLAD YOU GAVE ME THE HEIGHT RESTRICTIONS BECAUSE I WAS CONCERNED LIKE THIS GENTLEMAN, AFTER SEEING WHAT'S BEING BUILT DOWN CHAPEL AND OFF OF WOODGATE, THOSE THREE STORY STUFF, THAT WOULD BE A BIG CONCERN. BUT YOU KNOW, I'M TORN BOTH WAYS. WHETHER IT BE COMMERCIAL, THERE'S A PART OF ME THAT SAYS I'D RATHER LEAVE IT COMMERCIAL, HOPING THAT HE COULD NEVER SELL IT. NOBODY WOULD EVER WANT TO BUILD THERE AND IT JUST GET LEFT. THAT WOULD BE THAT WOULD BE MY PREFERENCE. BUT IF WE HAVE TO GO MULTIFAMILY, WE GOT TO KEEP IT LOW. WE CAN'T GO TWO STORY, WE CAN'T GO THAT. SO I APPRECIATE IT. THANK YOU. ANY QUESTIONS FOR ME. THANK YOU GUYS. APPRECIATE IT. ALL RIGHT. ALL RIGHT. THANK YOU FOR YOUR SERVICE. MY NAME IS RICK SCHRADER. I LIVE ON STINSON COURT AND I JUST HAD A COUPLE QUESTIONS. ONE, I JUST WANT TO MAKE SURE THAT THAT FRONT PROPERTY IS THE ONLY PART THAT'S GOING TO CHANGE, THAT IT'S NOT GOING TO BE THE ENTIRE FRONT AND BACK, THAT IT'S GOING TO BE ZONED AS COMMERCIAL. YES, SIR. THAT IF YOU CAN FLIP BACK ONE SLIDE, THIS IS WHERE IT SITS CURRENTLY. SO IF WE DISAPPROVE THIS REQUEST IT WOULD JUST STAY AS THIS WHICH IS MULTIFAMILY AND THE TWO BLUE AND COMMERCIAL AND THE TWO RED. AND THEY'RE ASKING FOR THE ABILITY FOR THAT TOP RED TO BE MULTIFAMILY OR COMMERCIAL. OKAY. WHAT I JUST WANT TO CLARIFY IS JUST THAT ONE SECTION THAT IS CLOSEST TO RITCHIE. IT'S NOT GOING TO BE THE ENTIRE LAND ALL THE WAY TO ALL THE WAY TO THE HOUSES WERE ON WHERE WE'RE WHERE WE LIVE ON STINSON, SO WE WEREN'T SURE. WE JUST WANT TO CLARIFY. IT'S JUST THE FRONT SECTION THAT WILL BE EITHER OR. IT WON'T BE THE ENTIRE LAND.THAT IS CORRECT. WHAT YOU'RE SEEING IN THAT SOLID, DARKER BLUE THAT IS ONLY MULTIFAMILY.
OKAY. SO THAT WILL REMAIN MULTIFAMILY AND WILL NOT BE COMMERCIAL. CORRECT. THE ONLY THING IMPACTING THE MULTIFAMILY AT THIS CHANGE IS CREATING SETBACK REQUIREMENTS WITHIN THE NARRATIVE OF THE PUD, AND ALLOWING FOR MORE OF THE TOWNHOME STYLE INSTEAD OF YOUR STACKED TRADITIONAL APARTMENTS. OKAY. ALL RIGHT. AND I'M AND I, YOU KNOW, AGREE WITH SEVERAL OF THE OTHERS THAT JUST, YOU KNOW, APARTMENTS WOULD BE OUR LEAST FAVORITE AND SOME OF THE OTHER OPTIONS WOULD, WOULD BE MORE APPEALING TO THAT. SO THANK YOU. THANK YOU. IS THERE ANYBODY
[00:15:07]
ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM. OKAY. HEARING NONE, WE WILL LEAVE THE PUBLIC HEARING OPEN AND CONTINUE IT TO THE DECEMBER 15TH MEETING. MOVING BACK TO THE TOP OF THE AGENDA ITEM Z DASH 2543. WHAT IS CITY STAFF'S RECOMMENDATION? ONE SECOND, MR. CHAIR. CAN WE HAVE A MOTION TO CONTINUE THE ITEM? SORRY, MR. CHAIR, I MOVE TO CONTINUE THE ITEM TO THE NEXT MEETING. SECOND MOTION BY MR. EMBRY, SECOND BY MISS GIBBONS. PLEASE PULL THE COMMISSION. ALLEN. YAY! ELLIS. YES. EMBRY. YES. ENGLAND. YES. GIBBONS. YES. LOZANO. YES.SMITH. YES. COLE. YES. DID WE MEAN TO SKIP CAMPBELL? I'M SORRY. WHAT'S THAT? YES. YEAH.
YEAH, THAT WAS ON PURPOSE. THANK YOU. OKAY. ITEM Z DASH 2543. WHAT IS CITY STAFF'S RECOMMENDATION? OKAY, MR. CHAIRMAN, MEMBERS OF THE COMMISSION, THIS IS A REQUEST FILED BY JEREMY FULBRIGHT, A FULBRIGHT SERVICES, TO CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL OFFICE AND TO REZONE FROM C3 GENERAL COMMERCIAL DISTRICT TO R3 MULTIFAMILY RESIDENTIAL DISTRICT ON APPROXIMATELY 0.163 ACRES. PROPERTY IS ADDRESSED AS 1230 CHESTNUT AVENUE. LEGALLY DESCRIBED AS LOT 15, BLOCK SEVEN J. WEIZMAN ADDITION LOCATED IN THE NORTHEAST RIVERSIDE NEIGHBORHOOD ASSOCIATION. THIS ITEM WAS CONTINUED AT THE OCTOBER 28TH, 2025 PLANNING COMMISSION MEETING. STAFF DID HAVE THE OPPORTUNITY THROUGH OUR CODE DEPARTMENT TO TO HAVE THE PROPERTY INSPECTED, AND IT WAS VERIFIED THAT THE STRUCTURE DOES CONTAIN THREE SEPARATE DWELLING UNITS. THEREFORE, IT CAN BE IMPROVED CONSISTENT WITH THE NON-CONFORMING USE WITHOUT NEEDING THE ZONE CHANGE. THE APPLICANT HAS SUBMITTED A REQUEST, THEREFORE, TO WITHDRAW THIS APPLICATION, WE DID NOT RECEIVE ANY ADDITIONAL COMMENTS. THANK YOU. IS THE APPLICANT OR THEIR REPRESENTATIVE HERE TO SPEAK ON BEHALF OF THIS ITEM? IS ANYONE HERE TO SPEAK IN OPPOSITION TO THIS ITEM? HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION MOVE THAT WE APPROVE THE WITHDRAWAL. SECOND MOTION BY MR. SMITH. SECOND BY MR. LOZANO.
PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. YES. ELLIS. YES. EMBRY. YES. ENGLAND.
YES. GIBBONS. YES. LOZANO. YES. SMITH. YES. COLE. YES. FOR ITEM Z. DASH 25, 47 AND 48. WHAT IS CITY STAFF'S RECOMMENDATION? MR. CHAIR? MEMBERS OF THE COMMISSION. THIS IS A REQUEST FILED BY JANE KITNER KITNER AND PATE DESIGN ASSOCIATES ON BEHALF OF TRENTON SUTTON.
REQUESTS IS TWOFOLD. CASE Z 2547 IS A SPECIAL PERMIT TO ALLOW RETAIL SALES BETWEEN 7 P.M. AND MIDNIGHT IN O THREE ZONING DISTRICT. IN CASE Z 2548 IS A SPECIAL PERMIT REQUEST TO ALLOW FOR A DRIVE THRU LANE FOR A RESTAURANT IN AN O THREE DISTRICT. THE LOCATION IS 0.65 ACRES, KNOWN AS 12400 CHINA SPRING ROAD. LEGALLY DESCRIBED AS LOT ONE BLOCK ONE BLUE MOUNTAIN ADDITION, THIS IS LOCATED WITHIN THE CHINA SPRING NEIGHBORHOOD ASSOCIATION. WE DID SEND OUT 13 NOTICES MAILED ON NOVEMBER 6TH AND INCLUDING THE NEIGHBORHOOD ASSOCIATION AT THE LAST MEETING. WE DID HAVE FOUR NOTICES RETURNED. TO OPPOSE, BUT THEY WERE ACTUALLY FROM THE SAME PROPERTY OWNER WHICH WAS ADJACENT TO THIS PROPERTY. WE HAVE A TWO FOLD RECOMMENDATION REGARDING CASE Z 2547, WHICH IS THE REQUEST FOR THE EXTENDED HOURS. PLANNING STAFF RECOMMENDS APPROVAL OF THE SPECIAL PERMIT TO ALLOW EXTENDED RETAIL SALE HOURS BETWEEN 7 P.M. UP TO 11 P.M. IN AN O THREE ZONING DISTRICT, SUBJECT TO THE SPECIAL PROVISIONS AND CONDITIONS, AND BASED ON THE FOLLOWING FINDINGS ONE. THAT THE PROPOSED USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND THE PURPOSES AND INTENT OF CHAPTER 28 ZONING OF THE CODE OF ORDINANCES OF THE CITY OF WACO. TWO. THAT THE PROPOSED USE IS COMPATIBLE WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE AREA IN WHICH IT IS LOCATED.
THREE THAT THE PROPOSED USE WOULD NOT BE MORE OBJECTIONABLE TO NEIGHBORING PROPERTIES BECAUSE OF TRAFFIC CONGESTION, NOISE, FUMES, VIBRATIONS, OR ANY OTHER CHARACTERISTICS THAN ANY USE PERMITTED IN THE ZONING DISTRICT WITHOUT THE GRANT OF A SPECIAL EXCEPTION, AND FOUR THAT AVAILABLE COMMUNITY FACILITIES AND SERVICES, INCLUDING THE ROAD SYSTEM
[00:20:03]
PROVIDING ACCESS TO THE PROPOSED USE, ARE ADEQUATE FOR THE PROPOSED USE. STAFF DOES RECOMMEND OUR STANDARD SPECIAL PROVISIONS AND CONDITIONS, AND THEN SOME ADDITIONAL THAT I WOULD LIKE TO HIGHLIGHT. ONE IS THAT THE SPECIAL PERMIT MAY NOT BE TRANSFERRED OR ASSIGNED.ANOTHER IS THAT ALL SITE LIGHTING MUST BE DIRECTED TOWARD THE ESTABLISHMENT AND NOT AT ADJACENT PROPERTIES. A PRIVACY FENCE SHALL BE INSTALLED AND MAINTAINED ALONG PROPERTY LINE WITH THE ADJACENT SINGLE FAMILY LOT. THIS PERMIT SHALL ALLOW RETAIL SALES SALES BETWEEN THE HOURS OF 7 A.M. UNTIL 11 P.M. AND THE EXTENDED. AND THE EXTENDED HOURS BEYOND 7 P.M. SHALL BE LIMITED TO THE OPERATION OF A PIZZA RESTAURANT. AND NUMBER FIVE, THIS PERMIT SHALL EXPIRE ON DECEMBER 16TH, 2026, PRIOR TO EXPIRATION OF THE SAID PERIOD. PERMITTEE SHALL MAKE APPLICATION FOR RENEWAL AND THEN REGARDING CASE Z 2548, PLANNING SERVICES RECOMMENDS DISAPPROVAL OF THE SPECIAL PERMIT FOR A DRIVE THROUGH LANE FOR RESTAURANT, SUBJECT TO THE SPECIAL PROVISIONS AND CONDITIONS, AND BASED ON THE FOLLOWING FINDINGS ONE. THAT THE PROPOSED USE IS NOT COMPATIBLE WITH THE APPROPRIATE AND ORDERLY DEVELOPMENT OF THE AREA IN WHICH IT IS LOCATED. THE PROPOSED USE IS NOT COMPATIBLE.
I'M SORRY I READ THAT ALREADY. THE REQUEST A SPECIAL PERMIT WOULD ERODE THE PROTECTIONS ESTABLISHED BY THE ZONING DISTRICT AND DIMINISH THE BUFFER PROVIDED TO ADJACENT SINGLE FAMILY RESIDENTIAL PROPERTIES, THAT THE PROPOSED USE WOULD BE MORE OBJECTIONABLE TO NEIGHBORING PROPERTIES BECAUSE OF TRAFFIC CONGESTION, NOISE, FUMES, VIBRATION, OR OTHER CHARACTERISTICS THAN ANY USE PERMITTED IN THE ZONING DISTRICT WITHOUT THE GRANT OF A SPECIAL EXCEPTION. THE PROPOSED LOCATION OF THE DRIVE THROUGH ADJACENT TO A SINGLE FAMILY RESIDENTIAL LOT EXACERBATES THESE CONCERNS. ALTERNATIVE DESIGN OPTIONS, SUCH AS A DESIGNATED PICKUP OR TO GO SPACE AT THE FRONT OF THE BUILDING, ARE AVAILABLE AND WOULD COMPLY WITH THE THREE DISTRICT REQUIREMENTS WHILE MINIMIZING IMPACTS TO NEARBY RESIDENCES. AND THEN THERE IS AN ADEQUATE SUPPLY OF UNDERUTILIZED AND VACANT LAND.
APPROXIMATELY 28 ACRES ALREADY ZONED FOR COMMERCIAL USE ALONG CHINA SPRING DRIVE. FM 1637 CORRIDOR, AND AT THE INTERSECTION OF NORTH RIVER CROSSING, FM 185 AND CHINA SPRING DRIVE. THIS EXISTING INVENTORY CAN ACCOMMODATE APPROPRIATE COMMERCIAL GROWTH AND DEVELOPMENT IN THE AREA WITHOUT ENCROACHING ON ESTABLISHED RESIDENTIAL NEIGHBORHOODS. THANK YOU. IS THE APPLICANT OR THEIR REPRESENTATIVE HERE TO SPEAK ON BEHALF OF THIS ITEM? IT'S ME AGAIN. JANE KITTNER, 4915 LAKEWOOD DRIVE AND APPRECIATE YOU LISTENING TO ME AGAIN. WE HAVE A LITTLE BIT MORE INFORMATION THIS TIME THAN WE DID LAST TIME, BECAUSE IT'S JUST INTERESTING. THE MORE YOU TALK TO PEOPLE, WHAT YOU FIND OUT. BUT I WOULD LIKE TO CLARIFY THE CAR ACCESS BECAUSE WHILE THERE IS NOT A THERE'S A LITTLE BIT OF A CURVE AND SOME PART OF A DECELERATION, YOU KNOW, SHOULDER AREA WHERE THAT CUT IS, THE CUT IS STRIPED BOTH WAYS FOR CARS TO PULL IN. THERE'S THERE'S LANES STRIPED AT THAT MEDIAN WHERE A CAR CAN PULL IN FROM ONE SIDE OR FROM THE OTHER, AND THE ONE THAT IS GOES TO THE LEFT. TURN ON SYLVIA IS LINED UP DIRECTLY WITH SYLVIA EVERY MORNING AND EVERY AFTERNOON WHEN SCHOOL IS IN SESSION. CHINA SPRING ISD ONLY ALLOWS MIDDLE SCHOOL PARENTS TO EITHER COME THAT WAY OR FROM YANKEE DRIVE, SO THAT IS USED REGULARLY AS A LEFT TURN LANE TO TWO TIMES A DAY DURING THE WEEK. THERE'S ONLY ABOUT 500 STUDENTS IN THE MIDDLE SCHOOL, SO SOME OF THEM TAKE THE BUS. BUT THIS IS A REGULARLY USED ROUTE AS A LEFT TURN, AND IT IS STRIPED THAT WAY. IT'S ALSO THE ACCESS POINT FOR THE NEW CONVENIENCE STORE THAT'S GOING TO BE RIGHT NEXT TO US ON THE CORNER. ITS ADDRESS IS ACTUALLY NORTH RIVER CROSSING. THE CONVENIENCE STORE DOES NOT HAVE AN ENTRANCE OFF OF CHINA SPRING ROAD, SO IT HAS AN ENTRANCE OFF OF SYLVIA AND THEN OFF OF NORTH RIVER CROSSING. I FOUND OUT TODAY FROM PLANNING, NOT FROM PLANNING. EXCUSE ME, FROM INSPECTION SERVICES, THAT THE ENTRY DRIVES FOR THE CONVENIENCE STORE WITH SIX BACK GAS PUMPS, WHICH IS IN THAT
[00:25:05]
COMMERCIAL LOT RIGHT NEXT TO US, IS RIGHT ACROSS FROM OUR SITE. AND I'M ASSUMING SINCE THEY'RE ZONED C, THEY'LL BE ALLOWED TO BE OPEN LONGER THAN WE ARE. SO I DON'T REALLY UNDERSTAND WHY THE LEFT TURN WOULD BE THAT MUCH OF AN ISSUE FOR US, BECAUSE PEOPLE CAN GO ON OFF NORTH RIVER CROSSING AND GO AROUND THE OTHER DIRECTION IF THEY NEED TO, BUT THERE IS AN OPPORTUNITY TO STOP THERE AND WAIT FOR TRAFFIC AND GO STRAIGHT ACROSS TO SYLVIA. THE ENTRY DRIVES TO THE CONVENIENCE STORE, THE ONE THAT IS THE ONE THAT IS ON OUR SIDE, STRADDLES THE PROPERTY LINE WITH THE WITH THE O3 PROPERTY NEXT TO IT. SO IT'S GOING TO BE A SHARED DRIVE ON THAT SIDE. SO THE O3 USES SOME KIND OF COMMERCIAL PROPERTY, PROBABLY BECAUSE YOU DON'T DO A SHARED DRIVE WITH A CONVENIENCE STORE. IF YOU'RE A RESIDENTIAL USE. AND THEN THE ONE OVER ON NORTH RIVER CROSSING FOR THE CONVENIENCE STORE AND FOR THE LOT NEXT TO IT IS ACTUALLY ON THE LOT NEXT TO IT. SO THERE ARE TWO SHARED DRIVES, AND ONE OF THEM IS LINED UP PRETTY MUCH DIRECTLY WITH OUR DRIVE. SO I GUESS MY QUESTION IS IF IT'S OKAY TO DO A CONVENIENCE STORE LIKE THAT, I CAN'T SEE THAT OUR, OUR TRAFFIC OR OUR LEFT TURNS OR ANYTHING ELSE WOULD BE ANYWHERE NEAR THAT ISSUE. THE MARCOS PROPERTY, THE WAY THEY OPERATE, WHEN YOU GO INTO THE PICKUP LANE, IT DOESN'T HAVE DRIVE THRU ORDERING. WHEN YOU GO INTO THE PICKUP LANE AND YOU GET AT THE FRONT OF THE LINE, IF YOUR PIZZA ISN'T READY YET, THEN YOU'RE ASKED TO GO PARK IN. THE STAFF TAKES YOUR TAKES THE PIZZA OUT TO YOU. SO ALTHOUGH WE HAVE ROOM FOR SIX CARS THERE, WE DON'T ANTICIPATE I SHOWED FOUR BECAUSE THEY THEY HAVE THIS SITUATION IN HEWITT ALREADY. THEY'VE HAD IT FOR ABOUT THREE YEARS AND IT WORKS OUT REALLY WELL. AND IT MEANS THAT YOU DON'T HAVE SO MANY PEOPLE CLOGGING UP THE PARKING LOT AND TRYING TO BACK OUT AT THE SAME TIME. IT'S A LOT SMOOTHER, AND IT ALSO MEANS THAT THE HEADLIGHTS WILL BE HEADING TOWARDS CHINA SPRING ROAD, AWAY FROM THE RESIDENTIAL.LET'S SEE, MOST OF MARCO'S SALES ARE FOR DELIVERY. HAVE TO ABIDE BY THE THREE MINUTES. SO OKAY, BUT JUST. BUT IT'S MOSTLY DELIVERY. IT'S NOT AS MUCH PICKUP OR EAT IN. DO Y'ALL HAVE ANY QUESTIONS? SO TO BE CLEAR, YOU'RE SAYING YOU ARE IN SUPPORT OF. THERE'S TWO THINGS WE'RE EVALUATING TONIGHT. SPECIAL PERMIT TO CLOSE AT 11 I THINK. BUT IT SAYS 12 ON HERE.
BUT WE MEANT 11. IS THAT CORRECT. WE'RE WE'RE OKAY. WE'RE OKAY WITH THAT ONE. WE'RE FINE WITH THE OTHER ONE IS THE DRIVE THROUGH LANE. PICKUP LANE. WHAT'S THE DIFFERENCE? WE DON'T ORDER THEIR THEY ORDER ON THEIR PHONE OR ORDER BY PHONE AND THEN COME AND PICK UP THEIR PIZZA. SO THE ONLY DIFFERENCE IS THE SIZE OF THE THE WINDOW. IT'S NO IT'S THE AMOUNT OF TIME THEY WOULD BE ON SITE SINCE IT'S ALREADY ORDERED. THEY AREN'T QUEUING FOR ORDERING, ORDERING AND THEN QUEUING FOR PICKUP. THEY'RE JUST PICKING UP. GOT IT. THANK YOU. ANY OTHER QUESTIONS ANY MORE? IS IT. WHAT IS THE PUSHBACK I GUESS CITY STAFF'S THOUGHTS OF Y'ALL HAVING PICKUP PARKING STALLS WITH LIKE YOU SEE IT AT CHEWY'S AND STUFF WHERE YOU CAN DO A QR CODE AND STAFF CAN STILL BRING YOUR PIZZA OUT SO PEOPLE STILL DON'T EVEN HAVE TO GET OUT OF THEIR CAR. IS THAT THEY'VE JUST FOUND OUT WITH THE PIZZA THAT IT WORKS BETTER. AND I, MARCOS HAS NOT REALLY WANTING TO DO THE DEAL WITHOUT THE DRIVE THE PICKUP LANE. THANKS. OKAY. OKAY, NO FURTHER QUESTIONS. THANK YOU SO MUCH. OKAY. THANK YOU. IS THERE ANYONE ELSE HERE THAT WOULD LIKE TO SPEAK ON BEHALF OF THIS ITEM? ANYONE ELSE THAT WOULD LIKE TO SPEAK IN
[00:30:01]
OPPOSITION TO THIS ITEM? SORRY. I AM THE THE MARCOS FRANCHISEE. SO TO ANSWER YOUR QUESTION, THE THERE'S A CLEAR DIFFERENCE BETWEEN A A PICKUP WINDOW AND A AND A DRIVE THROUGH. A DRIVE THROUGH IS THERE'S A EXPECTATION THAT YOU'LL BE SITTING THERE FOR A WHILE. OUR EXPECTATION IS THAT YOU PULL UP, GRAB YOUR FOOD, AND YOU'RE OFF. OKAY. WE CURRENTLY HAVE THIS IN OUR HEWITT LOCATION, AND TYPICALLY WE DON'T GET MORE THAN THREE CARS BACKED UP BECAUSE WE WE GIVE THEM ENOUGH LEAD TIME TO HAVE IT MADE. THEN THEY SHOW UP. BUT IF THEY SHOW UP EARLY, WE JUST ASK THEM TO PARK AND THEN WE BRING IT OUT TO THEM. JUST FAR MORE EFFICIENT COST EFFICIENCY FOR US TO HAND IT THAT WAY THAN TO HAVE TO GO OUT FRONT FOR ALL OF OUR OTHER ORDERS. AS WE'RE BUILDING, AS I'M BUILDING STORES, I, I'VE KIND OF ADDED THAT. WE ALSO HAVE IT AT OUR ROBINSON LOCATION. AGAIN, WE NORMALLY DON'T GET MORE THAN THREE CARS, BUT IT'S IT'S A FAST MOVING AND LIKE YOU SAID, THE HEADLIGHTS WILL BE POINTING THE OPPOSITE DIRECTION. SO AS FAR AS CLOSING AT 11:00, WE CLOSE AT 11:00 EVERY DAY EXCEPT FOR FRIDAY AND SATURDAY. SO WE'LL JUST CLOSE AT 11:00. SEVEN DAYS A WEEK WILL SAVE ME MONEY. SO, BUT I THINK IT'S A GREAT OPPORTUNITY FOR US. IT'S A GREAT OPTION. WE ALREADY HAVE A STORE OUT THERE, BUT IT'LL BE A GREAT OPPORTUNITY TO BE RIGHT NEXT TO THE SCHOOL. A LOT OF TRAFFIC THROUGH THERE, AND WITH ALL THE STUFF THAT'S COMING DOWN. 185 IT JUST IT IT SCARES ME TO MOVE DOWN THERE. BUT IT'S ALSO VERY EXCITING BECAUSE, YOU KNOW, WE'LL BE ABLE TO ADDRESS A WHOLE DIFFERENT GROUP. SO DID I ANSWER YOUR QUESTIONS ABOUT THE MARCOS? THAT WAS GOOD.THANK YOU. I HAVE A QUESTION FOR YOU THOUGH I KNOW YOU ALL MENTIONED THE HEADLIGHTS WILL BE FACING THE OPPOSITE DIRECTION OF CHINA. SPRING WILL BE FACING CHINA SPRING HIGHWAY.
YES, MA'AM. BUT THEN I THOUGHT THEY WERE COMING IN FROM CHINA SPRING HIGHWAY. SO THE HEADLIGHTS WILL BE FACING THE RESIDENTIAL AREA. WELL, THEY'LL BE ABLE TO COME IN OFF SYLVIA.
CORRECT. AND CHINA SPRING, CAN YOU CAN YOU PUT THE MAP UP? I, I ANTICIPATE MOST PEOPLE COMING IN OFF SYLVIA. OKAY. I THAT'S THE WAY BECAUSE OF LIKE SHE SAID. CHINA SPRING ISD USES THAT AS THEIR MAIN SYLVIA AS THEIR MAIN ROAD TO GET INTO THE SCHOOL. OKAY. IT DOES HAVE A TURN LANE OFF OF CHINA SPRING TO TURN IN THERE, BUT FOR MOST PEOPLE WE FEEL IT WILL BE COMING THE OTHER WAY. COMING. IF YOU'RE COMING UP ON 85, BECAUSE I WANT TO BE ON THE GO HOME SIDE OF THE ROAD. SO THEY'RE COMING UP 185. THEY'RE GOING TO TURN LEFT ON YANKEE, RIGHT ON SYLVIA. AND THEY'LL COME RIGHT IN THAT WAY. AND AGAIN POINTING AWAY OKAY.
THAT'S WHERE I SEE THE TRAFFIC FLOWING OKAY. THANK YOU FOR CLARIFYING THAT FOR ME. THANK YOU. ANYTHING ELSE? IS THERE A PLAN IN PLACE. SAY THAT THE LINE DOES GET LONGER THAN WHAT I MEAN. I KNOW YOU SAID YOU DESIGNATE THEM TO GO TO THESE OTHER SPOTS, BUT THERE'S THERE'S ANOTHER TENANT THAT POTENTIALLY COULD BE AT THIS RESIDENCE IS WHAT IT LOOKS LIKE.
AND THAT PERSON MAY BE TAKING UP, YOU KNOW, SAY HALF THE PARKING BECAUSE THEY'RE HALF THE BUILDING. RIGHT. IS THAT AND I SEE THIS HAPPENING, YOU KNOW, AT SUPER BUSY DRIVE THRU LOCATION, ESPECIALLY LIKE THE STARBUCKS AND THE THE CHICK FIL A'S THAT ARE PUMPING THROUGH PEOPLE ALL THE TIME WHERE WE'VE GOT TRAFFIC BACKED UP ON, YOU KNOW, FRANKLIN, BECAUSE WE CAN'T RUN THEM THROUGH FAST ENOUGH. AND JAKE LOVES THAT. YEAH, WELL FOR SURE. BUT AT SOME POINT, YOU KNOW, YOU YOU CAUSE A VERY DANGEROUS SITUATION. I TRULY UNDERSTAND YOUR POINT. AND SO WHAT IS THERE A PLAN MAYBE FOR YOU GUYS IF IT DOES GET BACKED UP, DO YOU ALL HAVE SOME SORT OF ORDINANCE THAT YOU GUYS WOULD GO BY TO GET THAT RESOLVED? IF THAT HAPPENS? NO, BUT WE CAN COME UP WITH IT. I MEAN, MY UNDERSTANDING RIGHT NOW ALREADY THE OTHER LOCATION IS MORE OF A DOCTOR'S OFFICE. SO IT'LL BE THE YEAH, IT'S IT'LL BE MORE THE DAYTIME HOURS WHERE I'M MORE THE NIGHT TIME HOUR PERSON. IT'S ONLY 1200 SQUARE FEET OF A LIKE A CHIROPRACTOR'S OFFICE OR SOMETHING LIKE THAT, OR JUST A BUSINESS OFFICE. SO WE DON'T ANTICIPATE MUCH FOR PARKING. I DON'T THINK YOU'RE GOING TO USE THAT MUCH PARKING. NO. THE KEY, I MEAN, WE SEE IT CURRENT WITH OUR CURRENT CHINA SPRING STORE. CUSTOMERS COME IN, PICK UP AND AND LEAVE, EVEN THOUGH WE DO HAVE SOME DINE IN, MOST OF IT IS PICK UP AND GO. YOU KNOW, OF THOSE THE ONES THAT WE'RE NOT DELIVERING, IT'S MORE PICK UP AND GO. SO THAT'S ALWAYS A
[00:35:01]
CONCERN. PARKING SPACES AND STUFF LIKE THAT. BUT BASED OFF WHAT I SEE, YEAH, YOU JUST CAN'T LIKE FOR WHAT WE'RE DOING. YEAH. IF YOU'RE PULLING IN FROM SYLVIA, LIKE YOU SAY, MOST OF THEM ARE GOING TO COME IN. THEY DON'T HAVE ANY WAY OF GETTING YOU'RE GOING TO HAVE TO HAVE ANY WAY OF GETTING TO THE PARKING SPOTS UNLESS YOU RUN THEM THROUGH, IS HOW I'M LOOKING AT THIS SITE PLAN. THEY CAN'T GO BACK BEHIND IT. NO. YEAH. THAT'S SO THEY'RE COMING FORWARD AND THEY'LL GO INTO THE PARKING SPACE FOR THE RESIDENTIAL. YEAH. NO WE'RE NOT DOING THAT. OKAY THEN. SORRY. ONE MORE CLARIFYING QUESTION. JUST SO I UNDERSTAND, I, I DO GET THAT THIS PICKUP LINE WOULD CERTAINLY BE MORE CONVENIENT, BUT ARE YOU SAYING THAT MARCOS CAN'T GO IN THERE IF YOU DON'T HAVE A PICKUP LINE? LIKE, IS THIS A REQUIREMENT FOR THE FRANCHISE? OR. THIS WOULD JUST BE PREFERABLE BECAUSE IT ALLOWS YOU TO RUN CARS THROUGH MORE EFFICIENTLY. IT'S IT'S MY PREROGATIVE FOR OUR SPACE. FROM ALL MY LOCATIONS, I'VE PRETTY MUCH CONVERTED TO THIS. THE ONLY ONE I DON'T THIS ONE AND MY WOODWAY STORE ARE MY ONLY TWO THAT DON'T HAVE THIS. SO WE HAVE IT IN BELLE MEADE. WE HAVE IT IN ROBINSON. WE HAVE IT IN HEWITT. AND WE CHANGED THE SIGNAGE TO SAY PICKUP. WAIT, NOT NOT EVEN DRIVE SAFE PICKUP, YOU KNOW, SO IT'S NOT A IT'S NOT A DRIVE THROUGH. SO HOPEFULLY THAT CLARIFIES FOR YOU. YEAH. THANK YOU OKAY. THE BRAND JUST WANTS ME TO SELL MORE PIZZA. REALLY CARE HOW I DO IT. SO JUST SO BASICALLY YOUR PICKUP LANE WILL BE SIMILAR TO THE ONE THAT DOMINO'S PIZZA HAS ALREADY IN CHINA SPRING BECAUSE THEY HAVE A DRIVE THROUGH. CONSIDERING I BUILT THAT STORE TOO. OKAY, SO THAT'S BASICALLY HOW THAT STORE IN 2010. OKAY. SO IS IT BASICALLY IT'S THE SAME. YES. OKAY. YEAH. IT'S JUST A PICKUP. THANK YOU. AND MISS, ARE THESE TWO CURB CUTS I GUESS THAT'S A CITY ROAD. AND THAT'S PRETTY ACCURATE. AND PROBABLY BECAUSE THAT LOOKS THAT ONE CLOSER TO CHINA SPRING. THAT LOOKS LIKE I DON'T KNOW IF THAT'S LIKE TEX-DOT REQUIREMENTS. SO MANY FEET. BUT THIS IS PRETTY RELIABLE WHERE THESE DRIVEWAYS CAN EVEN GO. IT'S ABOUT THE ONLY PLACE IT'LL FIT ON THE PROPERTY WITH THE BUILDING.BECAUSE IF YOU SEE ON THAT DIAGONAL ONE THAT COMES ACROSS ON THE BACK, THAT BACKS UP TO THE RESIDENTIAL, THERE'S A 25 FOOT SETBACK THERE. YEAH. SO THIS IS ABOUT THE ONLY WAY WE CAN GET THE BUILDING ON THERE. IT'S JUST ABOUT ACROSS. SEE THE THE C2 ZONING AND THE O3 ZONING TO THE LEFT. AND THE PROPERTY LINE BETWEEN THEM RIGHT IN THERE IS WHERE THEY'RE CUT THROUGH IS AND I THINK IT'S A LOT WIDER THAN OURS. SO WE PRETTY MUCH ARE GOING TO LINE UP, I THINK WE'RE I'M STRUGGLING IS I CAN CERTAINLY RESPECT THE BUSINESS PREROGATIVE OF HAVING THIS PICKUP LINE. I TOTALLY GET IT. BUT WE'VE GOT A NEIGHBOR BACK HERE THAT'S OPPOSED AND TO SOME DEGREE, AT LEAST FROM MY PERSPECTIVE, IT'S OUR DUTY TO CONSIDER THEM LIVING THERE FIRST, RIGHT? LIKE WE WOULD DO FOR ANYONE. AND SO THIS IS WHAT I'M I GUESS WHAT I'M CONCERNED IS WHAT WE'RE TRYING TO NOT HAVE CARS STACKING UP HERE AT 10:30 P.M. ESPECIALLY IF THIS IS NOT EVEN IF THESE TWO CURB CUTS ARE TOO CLOSE OR WHATEVER THE CITY'S RULES MIGHT BE ONCE IT GETS TO THIS POINT. MAYBE STAFF THESE ROADS, THESE CURB CUTS LOOK REASONABLE. DO WE KNOW OR ARE WE DOING ALL THIS? AND THIS MIGHT NOT EVEN WORK OUT BECAUSE IF THIS WERE A TXDOT ROAD, I DON'T THINK THIS WOULD WORK. YEAH. SO UNFORTUNATELY OUR TRAFFIC ENGINEER ISN'T HERE. SHE DID REVIEW THIS. I DON'T BELIEVE THAT WAS MENTIONED IN HER COMMENTS. BUT YOU ARE RIGHT. I MEAN, IF IT WAS ON CHINA SPRING ROAD, OBVIOUSLY TEX-DOT ROAD, IT'S A DIFFERENT SITUATION ALTOGETHER. THEY CAN'T EVEN GET ONE THERE. THAT'S PROBABLY WHY THEY CAN'T EVEN GET ONE THERE, MUCH LESS TWO. RIGHT. YEAH. AND THEY AND THEY, YOU KNOW, TEX-DOT I THINK GENERALLY TRIES TO DO MORE OF A SHARED DRIVE THAN ANYTHING, YOU KNOW, WHEN IT COMES TO THEIR, THEIR ROADS, THE COMMISSIONERS I READ THIS LAST TIME, BUT SHE DOESN'T SPECIFICALLY MENTION ANYTHING ABOUT THE ACCESS POINTS. BUT THIS DOES SAY TRAFFIC IMPACT ANALYSIS STUDY IS REQUIRED. IT TRIP GENERATION. SEE, SHE GOES OVER THE NUMBERS ON THAT CONCERNS THAT THIS PROPOSED USE WILL NEGATIVELY IMPACT EXISTING CONDITION OF SYLVIA AVENUE AND ITS INTERSECTION WITH CHINA SPRING ROAD. FM 1637 AND YANKEE ROAD. EVALUATION OF INTERSECTION TRAFFIC CONTROL IS NECESSARY. THERE IS NO LEFT TURN BAY WITHIN THE EXISTING MEDIAN ON CHINA SPRING ROAD. SYLVIA AVENUE ACCOMMODATES ONE
[00:40:01]
LANE IN EACH DIRECTION. SO THOSE ARE OUR TRAFFIC ENGINEERS. COMMENTS. SO TRAFFIC WAS A NO.I DON'T KNOW IF THIS ACTUALLY HELPS EITHER SIDE, BUT CITY STAFF, ISN'T THIS JUST A ONE YEAR SPECIAL PERMIT? UNTIL THEY APPLY FOR RENEWAL? IT WOULD BE WHATEVER CONDITION YOU WANT TO PUT ON IT FOR RENEWAL. RIGHT NOW, WE DIDN'T HAVE A RECOMMENDATION OTHER THAN NOT APPROVE ON THIS ITEM OTHER THAN THE TIME LIMIT. THAT'S A ONE YEAR WE RECOMMEND ON THAT. I WAS TRYING TO THINK LIKE OUTSIDE. IF WE KNEW FOR SURE CARS WOULD NEVER QUEUE IN THE STREET, WOULD WE ACTUALLY HAVE ANY ISSUE WITH THE PICKUP WINDOW? AND IF WE COULD PUT THAT AS A SPECIAL PROVISION, THAT IF COMPLAINTS OF CARS QUEUING, THAT WE CAN TAKE AWAY THE SPECIAL PERMIT, THAT DOESN'T TOTALLY HELP YOU, BECAUSE THEN YOU COULD HAVE A MARCO'S PIZZA THAT A YEAR OR TWO FROM NOW, LOSES THE RIGHT TO DO A PICKUP WINDOW, BUT AT LEAST IT GIVES THEM A CHANCE TO OPERATE THE WAY THEY'RE SAYING THEY'LL OPERATE, WHICH IS THAT THEY PUSH CARS THROUGH. BUT IT DOES. YOU CAN YOU CAN PLACE A TIME LIMIT ON IT SIX MONTHS A YEAR FOR FURTHER REVIEW. BUT AGAIN, ONCE THE BUILDING IS CONSTRUCTED AND THAT WALK THROUGH PICKUP IS THERE, YOU KNOW, IT'S IT'S PRETTY EASY FOR ANOTHER BUSINESS THAT COULD POTENTIALLY OWN THIS PROPERTY IN THE FUTURE TO WANT TO DO THE SAME THING. BUT THEN CAN WE NOT PLACE THAT SAME LIMITATION LIKE WE DID ON THE OTHER PROPERTY, WHERE IT'S NOT TRANSFERABLE? YOU CAN, AS WE DISCUSSED AT WORK SESSION, IT'S AGAIN, IT GETS BACK TO THAT. IT'S HARD TO APPROVE ONE AND THEN NOT THE NEXT ONE. THIS IS A STRUCTURAL ISSUE. YOU KNOW THE BUILDINGS THERE AND IT'LL BE SET UP FOR IT. THE LANE WILL BE THERE. IT'LL BE PHYSICALLY BUILT. IT'S NOT JUST A A USE THAT'S NEBULOUS. IT'S AN ACTUAL TIED TO IMPROVEMENTS ON THE PROPERTY.
THANK YOU. I DON'T KNOW IF IT HELPS, BUT I DO. I WOULD HAVE A 20 YEAR LEASE. SO SAY THAT AGAIN, BOB. I WOULD HAVE A 20 YEAR LEASE. I WOULD HAVE A TEN WITH TWO FIVE YEAR OPTIONS SO THAT NO OTHER BUSINESS WOULD BE COMING IN BEFORE THE REST OF THAT GETS DEVELOPED. AND ANY OF Y'ALL THAT LIVE OUT IN CHINA SPRING KNOW THAT PLACE ROLLS UP ABOUT 830 9:00. SO THERE'S NO THERE'S NO REAL LATE NIGHT DRIVE THROUGH OR ANYTHING ABOUT THERE. SO YEAH, IF THAT HELPS YOU MOST OF WACO DOES THAT ACTUALLY. YEAH THAT'S TRUE. BUT I DID HAVE ONE QUESTION BECAUSE YOU MENTIONED THE ONE RESIDENT IN BACK, BUT WE HAD SENT SOME INFORMATION ABOUT THE TWO RESIDENTS THAT WERE ACROSS THE STREET FROM THAT PERSON THAT BOTH WERE IN FAVOR OF THE PROJECT. BUT THE PROBLEM IS THAT THE RESIDENTS, THE LOT THAT'S IN BACK OF IT, IS SO WIDE THAT IT'S THE ONLY ONE THAT GETS NOTICED ON OUR SIDE OF CHINA SPRING ROAD, EXCEPT FOR THE TWO, THE THREE AND THE C TWO, SO NOBODY ELSE GETS NOTICED BECAUSE THE 200FT DOESN'T GO PAST THAT ONE PROPERTY. BUT WE DID HAVE TWO PEOPLE ON THE OTHER SIDE OF THE STREET THAT SENT IN EMAILS APPROVING THE PROJECT. AND WITH WITH THE PICKUP LANE AND WITH THE HOURS. AND THEY WANTED TO KNOW WHEN THEY COULD ORDER PIZZA. THE ONLY PROBLEM WITH THE DECEMBER 2026 DATE IS THE THEY AREN'T GOING TO BE OPEN FOR. YEAH. YOU KNOW, YOU GOT NINE MONTHS OF CONSTRUCTION. THEY'RE ONLY GOING TO BE OPEN FOR FIVE MONTHS BEFORE WE HAVE TO APPLY AGAIN. IS THAT IS THAT A FIXED DATE OR COULD IT BE IS THAT SOMETHING THAT WE CAN TRIGGER ON SOME SORT OF APPROVAL OF CERTIFICATE OF OCCUPANCY? WE'VE TIED IT TO THE LANGUAGE TO WHERE IT STARTS WITH THE CERTIFICATE OF OCCUPANCY. THE CLOCK ONE YEAR FROM THE DATE OF ISSUANCE OF CERTIFICATE OF OCCUPANCY. WE CAN DO THAT. YEAH. WE HAVE STANDARD LANGUAGE FOR THAT THAT WE CAN ADD. WE HAVE TO DO A TRAFFIC STUDY. SO IT WILL TAKE SOME TIME. CITY STAFF I KNOW WE POTENTIALLY COULD OPEN UP, YOU KNOW, PANDORA'S BOX TO 20 YEARS FROM NOW. AND THIS MIGHT BE A CITY ATTORNEY, A QUESTION, BUT IS THERE A WAY THAT WE COULD ADD, LIKE A LOT OF REALLY STRICT LANGUAGE TO THIS, TO REALLY MAKE IT HARD FOR THE NEXT GROUP TO HAVE ANY SORT OF A DRIVE THROUGH? I MEAN, FOR ONE, BOB'S SAYING THAT THIS IS
[00:45:04]
NOT A PLACE WHERE YOU ORDER IT, SO THERE'S REALLY NO SPOT FOR A ORDER SIGN, AND THEN YOU DRIVE UP TO A WINDOW. THIS IS STRICTLY A PICKUP LINE. SO COULD YOU PUT ANY RESTRICTIONS ON. YOU KNOW, PUT SOMETHING IN THERE THAT SAYS THAT THIS IS NOT FOR ORDERING, IT'S ONLY FOR PICKUP ONLY. AND THAT MAYBE HELPS US. EXCUSE ME WHEN MARCOS IS NOT THERE, WOULDN'T IT REQUIRE AN ELECTRICAL PERMIT WHICH WOULD BE DENIED BECAUSE THEY'D HAVE TO DO TRENCHING AND THEY HAVE TO HAVE A SIGN PERMIT THEN, TOO. SO ALL OF THOSE THINGS WOULD BE TRIGGERED IF YOU TRIED TO PUT DRIVE THROUGH CONTROL STUFF. YEAH. AND IT'S PRETTY VISIBLE. SO SOMEBODY WOULD NOTICE. SPECIFYING THAT IT IS I DON'T KNOW. YEAH WE'RE OKAY WITH THAT. WE'RE OKAY.YEAH. YOU CAN CHANGE IT THAT WAY. THIS WILL GO TO THE COUNCIL PROBABLY STILL INTACT.
RECOMMENDATIONS WHATEVER. THAT. OKAY. ARE THERE ANY MORE QUESTIONS FOR THE APPLICANT? OKAY. THANK YOU ALL. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK IN OPPOSITION TO THIS ITEM? OKAY. HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN DISCUSSION OR MOTION. ONE MORE QUESTION FOR CITY STAFF. I'M GUESSING THAT WE'VE HAD THIS CONVERSATION.
THERE IS NO DISTINCTION IN THE CITY CODE FOR A PICKUP LANE VERSUS A DRIVE THROUGH LANE. SO THAT'S ONE OF THE SAME. CORRECT. WE WOULD CONSIDER THE QUEUING AND EVERYTHING THE SAME. I GUESS. NOT TO BE ANTAGONISTIC, BUT IT FEELS LIKE WE'RE LEANING ON THE IDEA THAT WE CAN'T ENFORCE A NON-PERMITTED USE DOWN THE ROAD. AND IF THAT WAS THE CASE, THEN WHAT IS THE POINT OF THE SPECIAL PERMIT USE? LIKE AT SOME POINT WE HAVE TO BE ABLE TO POLICE. IF WE GO BACK IN THREE YEARS AND THEY'RE CLOGGING UP SYLVIA LANE AND TELL THEM YOU CAN NO LONGER OPERATE THIS PICKUP WINDOW, OTHERWISE THEY COULD JUST GO BUILD THE BUILDING AND PUT A PICKUP WINDOW IN THERE WITHOUT THE SPECIAL PERMIT. IF WE CAN'T ENFORCE IT ANYWAY, I DON'T THINK IT'S THE ENFORCEMENT SIDE OF IT AS IT IS THE NEXT PERSON. EVEN IF WE HAD THE LANGUAGE, THE NON TRANSFERABILITY LANGUAGE IN THERE OF WELL YOU APPROVED THE LAST ONE, WHY CAN'T YOU APPROVE MINE. IT'S MORE THE PRECEDENT SETTING FOR IT THAN THE ENFORCEMENT OF IT.
JUST PUTTING THE THE CITY IN THAT POSITION WHERE THE BUILDINGS ALREADY BUILT, THE LANES ALREADY THERE. PREVIOUS PEOPLE HAD IT. WHY CAN'T I JUST KIND OF FORESEEING THAT AS AN ISSUE. BUT. YEAH, THAT'S JUST STAFF'S RECOMMENDATION. AND WE'RE JUST KIND OF GOING OFF OF THAT. AND WE'RE ALSO GOING OFF OF, YOU KNOW, THE COMMENTS THAT WE RECEIVED FROM THE PROPERTY OWNER. AND I THINK THE PICKUP SPACES WAS A GOOD COMPROMISE BETWEEN THE TWO. SO I'M KIND OF SITTING ON THE FENCE ON IT THERE. I MEAN, I THINK IF WE'RE GOING TO APPROVE THE SPECIAL PERMIT, THE ONLY TEETH WE HAVE IS TO LIMIT THE TIME PERIOD. AND THEN YOU LOOK AT IT IN A YEAR AFTER OCCUPANCY, AND THEN IF YOU REVOKE IT, THEN THE NEXT PERSON BUYS IT. WELL, THEY KNOW THAT SPECIAL PERMIT GOT REVOKED. SO THEY DRIVE THROUGH DIDN'T WORK. SO I THINK IF WE'RE IF WE'RE LEANING TOWARDS APPROVAL, I THINK THAT THE TIME PERIOD IS REALLY THE ONLY THE TIME PERIOD FOR REASSESSING AND THEN REISSUING THE PERMIT IS REALLY THE ONLY TEETH WE HAVE TO STOP SOME FUTURE LANDOWNER FROM SAYING THEY DID IT, WHY CAN'T I? SO I THINK IF WE'RE LEANING APPROVAL, THAT THAT WOULD BE MY ONLY THOUGHT THERE. ON THE FLIP SIDE, I UNDERSTAND STAFF'S POSITION OF THE THE RESIDENT, AND THOUGH I THINK A PICKUP LANE WOULD OBVIOUSLY BE GREAT FOR BUSINESS, IT'S CERTAINLY NOT REQUIRED TO OPEN UP A PIZZA RESTAURANT. I THINK THAT A REASONABLE COMPROMISE HAS BEEN OFFERED BY STAFF WITH THE THE PARKING SPOT PICKUP. SO I DEFINITELY SEE BOTH SIDES OF IT AND FRANKLY, COULD. DON'T HAVE A REALLY STRONG OPINION EITHER WAY, WHICH MEANS I'M PROBABLY GOING TO SIDE WITH STAFF. I THINK THAT'S ALWAYS MY DEFAULT.
IF I DON'T FEEL ONE WAY STRONGLY IS THAT I TRUST STAFF'S RECOMMENDATION. SO
[00:50:01]
THAT'S WHERE I'M AT, BUT CERTAINLY OPEN TO OTHER DISCUSSION OR THOUGHTS ON IT.FOR THE TIME PERIOD OF THEM BEING OPEN TILL 11, WAS THAT SOMETHING THAT THE NEIGHBOR SAID THAT THEY WERE GENERALLY OKAY WITH, OR WHAT WAS THE PROCESS IN APPROVING THAT THEY WERE ACTUALLY OPPOSED TO, TO BOTH, OPPOSED TO BOTH? SO WHAT WAS THE REASONING FOR APPROVING THE THEY HAD STATED CONCERNS ABOUT THE TRAFFIC, OBVIOUSLY, ON CHINA SPRING. AND, YOU KNOW, I GUESS NOTING SOME OF THE, YOU KNOW, TRAFFIC COLLISIONS, THINGS LIKE THAT, THAT THEY'RE CONCERNED ABOUT, WHAT ARE THE HOURS FOR OH THREE GENERALLY WITHOUT THE SPECIAL PERMIT. LET ME LET ME GO BACK A LITTLE BIT. I THINK WHAT YOU'RE ASKING IS WHAT IS OUR REASONING FOR WHY WE WOULD RECOMMEND THE ONE? BECAUSE LOOKING AT IT, IF THE WINDOW WASN'T THERE, THE USES WILL ALL BE WITHIN THE FRONT OF THE BUILDING CLOSEST TO CHINA SPRING, AND THE BUILDING ITSELF WOULD SERVE AS A BUFFER BETWEEN BETWEEN THE TWO USES. THAT WAS OUR THINKING ON THAT ONE. AND I'M SORRY YOUR YOUR NEXT QUESTION. 7 P.M. ACCORDING TO YES, 7 P.M. RETAIL SALES HAS TO END AT 7 P.M. SO THAT'S RIGHT. NO SPECIAL PERMIT WAS EVEN THOUGHT ABOUT THE TENANT. THE NEIGHBOR WOULD ASSUME THAT A BUSINESS COULD GO UP NEXT DOOR, AND IT COULD BE OPEN UNTIL 7 P.M. AS LONG AS IT FITS THE OH THREE AND. YEAH. CORRECT. YEAH. THE OH THREE IS THE BUFFER ZONE.
AND YOU DID SEE THAT THERE WAS AC2 ON THAT PROPERTY WHERE THE CONVENIENCE STORE IS GOING TO BE LOCATED. AND THAT WAS REZONED WITH THE INTENT THAT THE OH THREE IS STILL BE THERE AS A BUFFER. THE C TWO WAS REZONED PRETTY RECENTLY THE LAST COUPLE YEARS. I BELIEVE IT'S WITHIN THE PAST. 4 OR 5 YEARS. I'M HAPPY TO MAKE A MOTION IF THERE'S NO MORE DISCUSSION ON IT. I THINK I'VE TOLD YOU ALL WHAT I'M GOING TO SAY, SO IF ANYONE WANTS TO DISCUSS IT FURTHER, THEN NOW'S YOUR CHANCE. ALL RIGHT, WELL, THEN I GUESS WE'LL TAKE THE ACTUALLY SEE THE EASY ONE. FIRST, LET'S. I MOVE THAT WE APPROVE THE SPECIAL PERMIT FOR STAYING OPEN UNTIL 11 P.M. BASED ON STAFF FINDINGS AND CONDITIONS. SECOND MOTION BY MR. SMITH. SECOND BY MR. EMERY. PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. YES.
ELLIS. YES. EMERY. YES. ENGLAND. YES. GIBBONS. YES. LOZANO. YES. SMITH. YES. COLE. YES. OKAY.
NOW THE EASY ONES. DONE. NOW I MOVE THAT WE RECOMMEND DISAPPROVAL OF THE SPECIAL PERMIT FOR THE DRIVE THRU LANE. BASED ON STAFF FINDINGS AND CONDITIONS. I SECOND THAT AS WELL. MOTION BY MR. SMITH A SECOND BY MR. EMERY. PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. NO! ELLIS. NO. EMERY. YES. ENGLAND. YES. GIBBONS. YES. LOZANO. YES. SMITH. YES. COLE.
NO. BUT THE MOTION CARRIES. OKAY. MOVING ON TO ITEM Z. DASH 25, DASH 51. WHAT IS CITY STAFF'S RECOMMENDATION? MR. CHAIR, MEMBERS OF THE COMMISSION. THIS IS A REQUEST FILED BY JERRY DYER ON BEHALF OF TY LOONEY, GTI VENTURES FOR LAND USE DESIGNATION CHANGE AND REZONING OF 9.04 ACRES FROM OFFICE INDUSTRIAL FLEX DESIGNATION TO MEDIUM DENSITY RESIDENTIAL OFFICE FLEX AND REZONING FROM M-2 TO R3 B AND THEN ON A SECOND TRACT REZONING OF 1.36 ACRES FROM M-2 TO C-2 PROPERTY ADDRESSED AS 7324 STEINBECK ROAD. LEGALLY DESCRIBED AS APPROXIMATELY A 10.4 ACRES OUT OF THE W.L. SWAIN SURVEY. ABSTRACT NUMBER 40. BEING A PART OF LOT ONE, BLOCK ONE OF THE TATE AND CO DISTILLERY ADDITION TO THE CITY OF WACO, MCLENNAN COUNTY, TEXAS. AS PER PLAT RECORDED UNDER INSTRUMENT NUMBER (201) 904-1686 OF THE OFFICIAL PUBLIC RECORDS, MCLENNAN COUNTY, TEXAS 12 PROPERTY NOTICES WERE MAILED ON NOVEMBER 6TH, 2025. THE PROPERTY IS NOT WITHIN AN ACTIVE NEIGHBORHOOD ASSOCIATION.
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THEREFORE, NO NOTICE WAS SENT TO A NEIGHBORHOOD ASSOCIATION. NO COMMENTS WERE RECEIVED FOR THIS CASE. AS NOTED DURING THE WORK SESSION, THIS IS AN EXPANSION ON A ZONE CHANGE IN LAND USE CHANGE THAT WAS PREVIOUSLY APPROVED LATE 2023. PLANNING SERVICES RECOMMENDS APPROVAL OF THE REQUEST TO CHANGE THE LAND USE PLAN ON TRACT ONE FROM OFFICE INDUSTRIAL FLEX TO MEDIUM DENSITY RESIDENTIAL OFFICE FLEX BASED ON THE FOLLOWING FINDINGS.ADEQUACY OF PUBLIC INFRASTRUCTURE AND CONSISTENT WITH NEARBY LAND USE DESIGNATION. FURTHER EXPLANATION IS PROVIDED WITHIN THE REPORT. PLANNING SERVICES RECOMMENDS APPROVAL OF THE REQUEST TO CHANGE THE ZONING ON TRACT ONE FROM M TWO LIGHT INDUSTRIAL DISTRICT TO R3B MULTIPLE FAMILY RESIDENCE DISTRICT, BASED ON THE FOLLOWING FINDINGS. COMPREHENSIVE PLAN ALIGNMENT COMPLIANCE WITH DIMENSIONAL REQUIREMENTS SUPPORTED BY INFRASTRUCTURE. SUPPORT FOR STRATEGIC HOUSING GOALS.
COMPATIBILITY WITH SURROUNDING ZONING AND DEVELOPMENT PATTERNS OF FURTHER DETAILS OF THOSE FINDINGS ARE PROVIDED WITHIN THE STAFF REPORT. PLANNING SERVICE RECOMMENDS APPROVAL OF THE REQUEST TO CHANGE THE ZONING ON TRACK TWO FROM M TWO LIGHT INDUSTRIAL DISTRICT TO C TWO COMMUNITY COMMERCIAL DISTRICT, BASED ON THE FOLLOWING FINDINGS.
COMPREHENSIVE PLAN ALIGNMENT, COMPLIANCE WITH DIMENSIONAL REQUIREMENTS SUPPORTED BY INFRASTRUCTURE AND COMPATIBILITY WITH SURROUNDING ZONING AND DEVELOPMENT PATTERNS.
AGAIN, FURTHER DETAIL PROVIDED IN YOUR REPORT PACKET AND ON THE SCREEN THERE. THANK YOU. IS THE APPLICANT OR THEIR REPRESENTATIVE HERE TO SPEAK ON BEHALF OF THIS ITEM? IS ANYONE HERE TO SPEAK IN OPPOSITION TO THIS ITEM? OKAY. HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION. WE DO THEM ALL AT ONCE. OKAY. AND I MOVE THAT. WE RECOMMEND APPROVAL ON ALL LAND USE CHANGES AND ZONE CHANGES. BASED ON THE FINDINGS. OKAY. MOTION BY MR. SMITH, SECOND BY MR. ELLIS. PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. YES. ELLIS. YES. EMBRY. YES. ENGLAND. YES. GIBBONS. YES. LOZANO. YES.
SMITH. YES. COLE. YES. ITEM Z DASH 2552. WHAT IS CITY STAFF'S RECOMMENDATION, MR. CHAIR? MEMBERS OF THE COMMISSION. THE REQUEST FROM COLEMAN HANS, FOR LAND USE CHANGE AND REZONING 2.92 ACRES FROM OPEN SPACE AND OFFICE INDUSTRIAL FLEX TO INDUSTRIAL DESIGNATION AND REZONING FROM C THREE TO M2 LOCATION AT 2324 ROBINSON DRIVE. LEGALLY DESCRIBED AS LOT ONE, BLOCK ONE FUENTES ADDITION, LOCATED WITHIN THE ALTA VISTA NEIGHBORHOOD ASSOCIATION. 24 NOTICES WERE MAILED ON NOVEMBER 6TH, 2025, INCLUDING THE ALTA VISTA NEIGHBORHOOD ASSOCIATION.
NO OPPOSITIONS HAVE BEEN RETURNED. PLANNING SERVICES RECOMMENDS APPROVAL OF THIS REQUEST TO CHANGE THE LAND USE PLAN FROM OPEN SPACE AND OFFICE INDUSTRIAL FLEX TO INDUSTRIAL, BASED ON THE FOLLOWING FINDINGS. ADEQUACY OF PUBLIC INFRASTRUCTURE AND COMPATIBLE WITH NEARBY LAND USES. AS FURTHER NOTED, PLANNING SERVICES ALSO RECOMMENDS APPROVAL OF THIS REQUEST TO CHANGE THE ZONING FROM C THREE TO M2 BASED ON THE FOLLOWING FINDINGS. COMPREHENSIVE PLAN ALIGNMENT AS RECOMMENDED TO BE REVISED, SUPPORTED BY EXISTING INFRASTRUCTURE. COMPLIANCE WITH DIMENSIONAL REQUIREMENTS. COMPATIBILITY WITH SURROUNDING ZONING AND DEVELOPMENT PATTERNS. ALL THAT NOTED ON THE SCREEN ABOVE, AND ALSO MORE DETAILS WITHIN YOUR REPORT PACKET. THANK YOU. IS THE APPLICANT OR THE REPRESENTATIVE HERE TO SPEAK ON BEHALF OF THIS ITEM? IS THERE ANYONE THAT WOULD LIKE TO SPEAK IN OPPOSITION TO THIS ITEM? OKAY. HEARING NONE, WE'LL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION. MR. CHAIR, I MOVE THAT WE RECOMMEND APPROVAL ON BOTH THE LAND CHANGE AND THE ZONING BASED ON STAFF FINDINGS. SECOND MOTION BY MR. EMBREY. SECOND BY MR. SMITH. PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. YES. ELLIS. YES. EMBRY. YES. ENGLAND. YES.
GIVENS. YES. LOZANO. YES. SMITH. YES. COLE. YES. MOVING ON TO ORDINANCE AMENDMENTS, ITEM SIX.
WHAT IS CITY STAFF'S RECOMMENDATION? MR. CHAIR, MEMBERS OF THE COMMISSION, THIS IS A REQUEST BY THE CITY OF WACO TO CONSIDER ORDINANCE AMENDMENTS TO SECTION 20 8-1 DEFINITIONS AND ARTICLE ONE IN GENERAL OF CHAPTER 20, ZONING OF THE CODE OF ORDINANCES OF THE CITY OF WACO, TEXAS. TO AMEND THE DEFINITIONS OF AMUSEMENT, REDEMPTION MACHINE AND INDOOR AMUSEMENT FACILITY AND PROVIDING FOR PENALTIES. ON OCTOBER 21ST, 2025, THE CITY COUNCIL ADOPTED AN ORDINANCE AMENDING CHAPTER 13 LICENSES, PERMITS AND BUILDING
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REGULATIONS TO ESTABLISH A DEFINITION FOR AMUSEMENT REDEMPTION MACHINES, COMMONLY REFERRED TO AS EIGHT LINER MACHINES, AND TO PROHIBIT THEIR OPERATION WITHIN THE CITY LIMITS. BECAUSE THESE DEVICES ARE NOW BANNED WITHIN THE CITY OF WACO'S ZONING JURISDICTION, CORRESPONDING UPDATES TO THE ZONING ORDINANCE ARE NECESSARY TO ENSURE CONSISTENCY AND CLARITY FOR PROPOSED AMENDMENTS. FURTHER CLARIFY THE DEFINITION OF AMUSEMENT REDEMPTION MACHINES, AND IDENTIFY ITEMS THAT ARE NOT CONSIDERED AMUSEMENT REDEMPTION MACHINES.STAFF RECOMMENDS APPROVAL OF THESE AMENDMENTS. THANK YOU. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON BEHALF OR IN OPPOSITION TO THIS ITEM? OKAY. HEARING NONE, WE WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN A MOTION MOVE THAT WE RECOMMEND. APPROVAL. SECOND MOTION BY MISTER SMITH. SECOND BY MISS GIBBONS. PLEASE PULL THE COMMISSION. ALLEN. YAY! CAMPBELL. YAY! ELLIS. YES. EMBRY. YES. ENGLAND. YES. GIBBONS. YES. LOZANO. YES.
SMITH. YES. COLE. YES. AND WE ARE ADJOURNED AT 8 P.M. THANK YOU ALL.
* This transcript was compiled from uncorrected Closed Captioning.