Oct 14, 2021 Planning &amp; Zoning Commission

WE'RE GOING TO START OUR EVENING OFF WITH AN INVOCATION AND PLEDGE.

COMMISSIONER EMORY, UH, WAS VOLUNTEERED TO DO THE VACATION AND I WAS IN THE CORNER AFTERWARDS FOR THE PLEDGE OF EVERYBODY.

LET US PRAY.

HEAVENLY FATHER, THANK YOU FOR OUR DAY FOR OUR CITY.

FOR THOSE THAT HAVE WISHED TO VOLUNTEER, BLESS ALL THE CITIZENS OF OUR CITY.

THANK YOU FOR OUR FIRST RESPONDERS TO PROTECT US AND WATCH OVERS EVERY DAY, GUIDE OUR THOUGHTS AND OUR DECISIONS AS WE WORK TO THE BEST INTERESTS OF OUR CITY CITIZENS.

AND IN YOUR FAVOR, PLUS AS A LORD.

AMEN.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.

ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

[1. Consider approval of the following Planning and Zoning Commission meeting minutes: a) September 23, 2021, Regular Meeting]

UM, OUR NEXT ORDER OF BUSINESS IS THE APPROVAL OF MINUTES OF OUR SEPTEMBER 23RD, UH, 2021 REGULAR MEETING.

UM, UH, GENTLEMEN, HAS ANYBODY SEEN ANY CHANGES OR COMMENTS OR NEED FOR ANYTHING IN THE MINUTES BEFORE? OKAY.

IF NOT, I'M WILLING TO ENTERTAIN A MOTION TO APPROVE SECOND, MOVE THAT THE MINUTES FROM THE LAST MEETING BE, UH, ACCEPTED.

UH, THE SECOND, SECOND.

THANK YOU, COMMISSIONER.

UH, LAST MAY HAVE A ROLL CALL VOTE, PLEASE.

AND ANDREA, I'M SORRY.

I, WHEN DAVIS COMMISSIONER, EMORY COMMISSIONER HENDERSON AND COMMISSIONER MARINARA, THE MINUTES ARE APPROVED.

[2. Conduct a public hearing and consider a request to rezone Lot 4, Block 1 of Bedford Town Center Addition, located at 2248 Central Drive #112, Bedford, Texas, from Heavy Commercial/Central Business District (H/CBD) to Heavy Commercial/Central Business District/Specific Use Permit/Tobacco Products Store, specific to Section 3.2.C(7)x, Tobacco Products Store, allowing for Vapor Maven to operate a smoke shop. The property is generally located southeast of the Bedford Road and Central Drive intersection. (PZ-SUP-2021-50067)]

MOVING RIGHT ALONG, UH, TONIGHT, UH, PUBLIC HEARING, WE HAD TWO ITEMS. UM, THE SECOND ONE, UH, ON ADVICE OF THE CITY, WE'RE NOT GOING TO CONSIDER TONIGHT.

UM, I JUST HAVE A QUICK QUESTION.

JUST RULES OF ORDER.

DO I NEED TO ACKNOWLEDGE THAT THAT ITEM IS THERE AND WE'RE NOT GOING TO ADDRESS IT OR JUST IGNORE THAT? JUST ACT LIKE IT DOESN'T EXIST.

WE'LL GO WITH THAT DOOR.

NUMBER TWO.

WE, WE JUST, WE KEPT IT ON BECAUSE THERE WAS PUBLIC NOTICE JUST IN CASE ANYONE SHOWED UP, BUT IT IS YET WE HAVE REMOVED IT BEFORE IT WAS OFFICIALLY POSTED.

SO WE'RE FINE AS WELL.

I WANTED TO ASK JUST FOR LEGAL NICETIES, JUST SO NOBODY GETS IN TROUBLE SOMEWHERE DOWN THE ROAD.

EXCELLENT.

SO WE HAVE ONE ITEM TONIGHT AND IT'S ITEM NUMBER TWO.

IT IS A, UM, CONDUCT A PUBLIC HEARING AND BECAUSE IT'S A REQUEST TO REZONE LOT FOUR BLOCK ONE, A BEDFORD TOWN CENTER EDITION, EXCUSE ME, LOCATED AT 2248 CENTRAL DRIVE.

UH, NUMBER ONE 12, AND FOR TEXAS FROM HEAVY COMMERCIAL CENTRAL BUSINESS DISTRICT H CBD TO HEAVY COMMERCIAL CBD SPECIFIC USE PERMIT TOBACCO PRODUCT STORE SPECIFIC TO SECTION 3.2 POINT C SEVEN X TOBACCO PRODUCT STORE, ALLOWING FOR VAPOR MAVEN TO OPERATE A SMOKE SHOP.

THE PROPERTY IS GENERALLY LOCATED SOUTHEAST OF THE BEDFORD ROAD IN CENTRAL DRIVE INTERSECTION.

UH, LET US STEP PRESENTATION PLEASE.

FROM RETAIL USES FAST FOOD, UH, TO BIG BOX RETAIL AND THEN AUTOMOTIVE AND, UH, OFFICE USES AS WELL SHOULD BE NOTED THAT THE APPLICANT IS NOT PROPOSING TO DO ANYTHING, UH, EXTERIOR TO THE SITE.

THANK YOU, MR. CHAIRMAN COMMISSION MEMBERS, AS YOU SAY, THE PROPERTY IS LOCATED ON CENTRAL DRIVE, JUST SOUTH OF BEDFORD ROAD.

THE, UH, PROPERTY IS DEVELOPED, UH, IN 1999 WITH ABOUT 1800 SQUARE FOOT SHOPPING CENTER AND 88, UH, PARKING SPACES TO SERVE THE SHOPPING CENTER.

UM, RIGHT NOW THERE IS ABOUT TWO TO THREE VACANCIES WITHIN THE SHOPPING CENTER.

PROPERTY IS ZONED HEAVY COMMERCIAL, AND AS WE'VE ALREADY STARTED, TOBACCO PRODUCT STORE USE DOES REQUIRE AN SVP IN THE HEAVY COMMERCIAL ZONING DISTRICT.

YOU GET A LITTLE BACK BIT OF BACKGROUND.

I KNOW Y'ALL KNOW THIS, BUT JUST FOR THE PUBLIC BENEFIT.

UM, PURPOSE OF AN SUP IS REALLY TO LOOK AT THE SITE AND DETERMINE IF THE USE IS COMPATIBLE WITH THE EXISTING SITE, WHETHER IT BE THE BUILT ENVIRONMENT SURROUNDING, OR IF THERE'S SOME, UH, ZONING SURROUNDING, IF THERE'S SOME CONDITIONS OR DIFFERENT THINGS THAT NEED TO BE ADDED TO MAKE IT COMPATIBLE.

SO WE'LL GO INTO THE SURROUNDING AREA SURROUNDING AREA IS, UM, UH, LOCATED NORTH, SOUTH, EAST AND WEST ON THE SITE.

IT'S ALL ZONED HEAVY COMMERCIAL, UM, RETAIL.

OUR USES VARY

[00:05:01]

SO THEY'RE JUST GOING INTO ONE OF THE SUITES AT THE SHOPPING CENTER.

SO THERE'S NOTHING HERE IS TRIGGERING ANY TYPE OF EXTERIOR SITE PLAN REVIEW, OR ANYTHING TO THAT NATURE.

GIVE YOU AN IDEA OF A JOINING A BLOCK AND STREET CONTACTS.

THESE ARE SOME USES THAT AROUND AGAIN, ASSOCIATED RETAIL USES OFFICE USES THERE, UH, WITH THE PUBLIC HEARING REQUIREMENTS, WE DO, WE ARE REQUIRED TO PLACE A SON ON THE PROPERTY AND NOTIFY ADJOINING PROPERTY OWNERS WITHIN 200 FEET.

IN THIS PARTICULAR REQUEST, WE NOTIFIED 13 ADJOINING PROPERTY OWNERS AT THIS POINT IN TIME, WE'VE RECEIVED NO RESPONSES IN FAVOR, OREGON'S THAT REQUEST.

AND THEN LASTLY, TONIGHT, AS Y'ALL KNOW, YOU'RE HERE TO CONDUCT YOUR PUBLIC HEARING AND THEN MAKE A RECOMMENDATION TO CITY COUNCIL, UH, WITH, UH, UM, SPECIFIC USE PERMITS.

YOU CAN MAKE RECOMMENDATION APPROVE AND MAKE RECOMMENDATION TO APPROVE WITH CONDITIONS.

IF YOU BELIEVE THE OR TO SERVE AS COMPATIBILITIES WITH THE SURROUNDING AREA, OR YOU CAN DENY WITH THAT, I CAN ANSWER ANY QUESTIONS THAT YOU HAVE.

DO ANY OF THE COMMISSIONERS HAVE QUESTIONS OF STAFF? OH, WEST, HAVE THERE BEEN ANY RESPONSES SINCE THE EIGHTH FROM ANY OF THOSE? UM, WE ALREADY HAVE SEVERAL VAPE STORES IN THE CITY DON'T WANT, I DO HAVE, UH, UM, THAT'S INFORMATION THAT, TO PULL THE EXACT NUMBER.

I DON'T HAVE ANDREW LOOKS LIKE SHE'S ABOUT TO SAY SOMETHING.

SO I THINK OUR LAST COUNT WAS EIGHT.

IS THAT ABOUT THAT'S? I WAS GOING TO SAY 10 RANGE, SO YEAH, KIND OF ON THE BORDER WITH, WITH THE ULAS SEVEN IN THE CITY IN A PERFECT RIGHT.

DID Y'ALL.

WHAT ELSE FOR STAFF? OKAY.

UM, THANKS WISE, THANK YOU, UM, AT THIS TIME, UM, BUT ASK THE APPLICANT TO COME FORWARD AND ADDRESS THE COMMISSION.

UH, JUST GIVE US YOUR NAME, YOUR HOME ADDRESS, AND JUST TELL US A LITTLE BIT ABOUT THE, UM, PROPOSAL ON THE APPLICATION.

YES, PLEASE.

UH, HI, MY NAME IS ALEXANDRIA AND WOODARD.

I WORK WITH VAPOR MAVEN.

UM, I'M JUST HERE AS A REPRESENTATIVE.

UM, MY HOME ADDRESS IS, UM, 29, 15 OLD MARLIN ROAD IN WACO, TEXAS 7 78 OR SEVEN.

UM, AND I'M, I'M JUST HERE TO ANSWER QUESTIONS TO MY KNOWLEDGE.

UH, WE WANT IT TO MOVE IN TO THE AREA.

UH, I SEE THAT, UM, WHAT THEY SENT SHAWL IS WHAT WE SEND ALMOST EVERYBODY, OUR EXECUTIVE SUMMARIES AND EVERYTHING.

UM, OUR MISSION STATEMENTS, THE, THE AMOUNT OF MONEY WE HOPE TO BRING INTO THE TOWN.

UM, YEAH.

UM, YOU'RE OPERATING ANOTHER ONE IN THE REGION AND CORRECTLY REDDING 30 IN THE REGION.

DFW RE UM, NOT IN THE DFW REGION IN TEXAS.

SORRY.

UM, I KNOW THAT WE HAVE TWO OTHER LOCATIONS IN MOSQUITO.

UM, I DON'T KNOW IF YOU WOULD CONSIDER THOSE IN THE DFW REGION OR BEING IN EVERYTHING.

UH, OH, THEN YES.

UH, THERE ARE OTHERS IN THE LOCATION.

UM, COMMISSIONER OF QUESTIONS TO THE APPLICANT COMMISSIONER EMORY, UM, IN THE DOCUMENTATION THAT WAS PROVIDED, THERE WAS CONVERSATION ABOUT THIS BEING A, A MEETING AREA, AS OPPOSED TO JUST A RETAIL OUTLET WHERE PEOPLE WERE GOING TO COME TO THE FACILITY AND NETWORK AND SMOKE AND, AND SPEND TIME IN THE BUILDING AND THE FACILITY THERE WAS IN THE PROPOSAL IS THE, IS THE DESIRE OF WHAT THE BUSINESS FORMAT WOULD LOOK LIKE? COULD YOU EXPLAIN SOME OF THAT? UM, I DO NOT KNOW MANY OF OUR LOCATIONS TO BE LOCATIONS THAT WE HAVE PEOPLE HANGING OUT WITH, UH, HANGING OUT AND WE DO NOT PROVIDE, UH, LIKE ANY LOUNGING EQUIPMENT OR ANYTHING, ANY SEATING AREA FOR PEOPLE TO HANG OUT AND AROUND, MOST OF OUR LOCATIONS ARE NOT ENOUGH LIKE ENOUGH SQUARE FOOTAGE TO HAVE THAT AMOUNT OF PEOPLE IN THERE.

UM, WE DO HAVE OTHER LIKE SUPER VAPOR MAVENS THAT ARE NOT LOCATED WITHIN THIS DISTRICT OR THE STATE, UH, THAT WE DO DO THOSE WITH, BUT THAT'S NOT ANYWHERE NEAR HERE.

UM, SO I DON'T KNOW UNLESS IT WAS LIKE A COMPANY APPROVED EVENT WHEN WE WOULD EVER DO SOMETHING LIKE THAT FOR ONE OF THESE STORES HERE.

THANK YOU FOR THAT.

BECAUSE THERE WAS A LOT OF THE TEXTS, WHAT WAS WRITTEN PRESENTED TO US, HAD TO DO WITH NETWORKING AND PROFESSIONALS COMING IN AND LEARNING OUT OF VAPE AND BEING AROUND OTHER VAPING PEOPLE AND OFFER THAT, UH,

[00:10:01]

THESE LOCATIONS.

UM, I DON'T SEE IN HERE, SORRY THAT I APOLOGIZE, UH, THAT THEY WROTE THAT.

UH, BUT FOR ONE OF THESE LOCATIONS, WE WOULDN'T BE DOING THAT.

UH, WE, THE EXTENT OF THAT WOULD BE SETTING UP A DEVICE IN A STORE FOR SOMEBODY TO TAKE HOME WITH THEM, NOT TO USE AND HAVE FUN WITH THEM, THE LOCATIONS, ANY OTHER QUESTIONS FOR THE APPLICANT? UM, OKAY, THANKS.

UM, I'M GONNA OPEN THE PUBLIC HEARING IF ANYBODY WANTS TO COME AND TALK ABOUT IT AND YOU WISH TO RESPOND, YOU WILL BE ALLOWED TO DO YOU BET.

APPRECIATE IT.

THIS IS A PUBLIC HEARING.

I'M NOW GOING TO OPEN IT.

IF ANY CITIZENS WOULD LIKE TO COME FORWARD AND DISCUSS THE APPLICATION OR THE PROPOSAL, PLEASE DO SO.

I DON'T SEE ANYBODY OUT IN THE HALLWAY.

SO I'M GOING TO CLOSE THE PUBLIC HEARING.

UM, ANY FURTHER DISCUSSION AMONGST OUR COMMISSIONERS HERE OR COMMENTS ARE CONDEMNED.

WELL, I, YOU KNOW, I HAVE CONCERNED IN THAT SHOPPING CENTER AND WE'VE GOT SEVERAL RESTAURANTS AND SOME WAYS RIGHT THERE THERE'S SEVERAL RESTAURANTS IN THE AREA.

IT SEEMS LIKE KIND OF A POOR FIT FOR THAT LITTLE STRIP THERE, PICTURE IT'S RIGHT NEXT TO THE SUBWAY OR SOMETHING.

AND THEN THERE'S A, THERE'S ANOTHER LITTLE RESTAURANT ON THE CORNER FOR YOUR WRAP ON THE WAY TO WALMART.

AND THERE'S YOUR SANDWICH.

ANYBODY ELSE? NO PRESSURE, BUT WE'RE GOING TO HAVE TO MAKE A DECISION AT SOME POINT DAVIS.

AND THEN I DON'T KNOW IF I CAN ASK STAFF THIS, BUT THE LAST TWO TIMES WE APPROVED VAPE STORES, THEY WERE DENIED AT COUNCIL.

IS, IS IT LIKE A CITY PUSH TONIGHT, ALLOW THEM, OR IS THAT THE WRONG QUESTION FOR THE WRONG FORMAT? I, I DON'T KNOW IF I'D SAY THERE'S A CITY PUSH TO NOT ALLOW THEM.

I WOULD GUESS IN THOSE PARTICULAR CASES, THAT CITY COUNCIL DID NOT SIT THINK THAT THEY WERE THE BEST FIT FOR THAT AREA.

UM, I, I DON'T KNOW IF THAT, THAT WAS THE MESSAGE THAT WAS RECEIVED.

SO I SAY, I LOOKED AT THE INDIVIDUAL ONES.

THEY, THEY JUST DID NOT FEEL THEY WERE SUITABLE OR COMPATIBLE IN THOSE AREAS.

THANK YOU, COMMISSIONER ANDERSON ONE SEC.

UH, YES, I WAS JUST CURIOUS.

HAVE YOU GUYS ALREADY MOVED IN? YES, SIR.

INTERESTING.

ANYBODY ELSE? PLENTY OF STUFF ALREADY IN, IN THE PAPERWORK, DID YOU ALREADY SIGN THE LEASE AGREEMENT ALREADY SET UP, BUT YOU GOT TO GET THE USE PERMIT TO ACTUALLY GET TO I'LL ENTERTAIN A MOTION.

I MEAN, I'LL, I'LL GO AHEAD.

I JUST THINK I'D LIKE TO GET, LET YOU GUYS HAVE, WELL, MR. CHAIRMAN, I WOULD, I WOULD MOVE THAT.

WE DENY THE REQUEST OF P Z SUP 2 0 2 1 5 0 6 7 TO ALLOW THE SEP FOR THE TOBACCO PRODUCT STORE.

WELL, WHAT I WOULD SAY IS IF I'D ALMOST WANT TO TAKE THAT BACK AND HAVE SOMEBODY, IF SOMEBODY WANTS TO APPROVE IT TO MAKE A MOTION TO APPROVE, AND THEN WE REGULATE, WE CAN STILL DO IT THAT WAY.

I JUST, WELL, I JUST WANT TO, IT IT'S THE SAME QUESTION JUST COMING FROM TO SOME, BUT WE CAN, BUT IT IS A MOTION.

IT HAS BEEN SECOND SECONDED.

UM, SO IT'S ONE OF THOSE WHERE, UH, YES.

MEANS NO.

AND NO, NO MEANS YES.

YOU'RE VOTING TO DENY.

SO YES, THUMBS DOWN.

NO.

WOULD BE NOT DISAPPROVE.

UH, ANDREA ROLL CALL VOTE, PLEASE.

CHAIRMAN CARLSON.

NO VICE CHAIRMAN DAVIS.

NO COMMISSIONER EMORY.

COMMISSIONER HENDERSON.

COMMISSIONER.

MINAYA.

SO THE MOTION IS, UH, DEFEATED DOES NOT PASS, CORRECT? DOES NOT PASS TWO, THREE.

[00:15:02]

AND WHAT I SUSPECT IS AS A RESULT COMING FROM THE OTHER ANGLE, THE VOTE IS THAT, DO WE STILL NEED A MOTION TO RECOMMEND? YES.

THAT'S WHERE I WAS GETTING.

GO AHEAD.

I MOVE.

WE RECOMMEND APPROVAL OF, UH, SUP 2 0 2 1 5 0 0 6.

ALL SECOND.

I HAVE A MOTION AND A SECOND ANDREA ROLL CALL VOTE.

AND THIS, AND JUST TO CLARIFY, THIS ONE IS YES.

IS YES, NO IS YES.

TO RECOMMEND.

THE ARGUMENT FOR APPROVAL.

ALRIGHT, PLEASE.

ANDREW CHAIRMAN CARLSON, VICE CHAIRMAN DAVIS COMMISSIONER.

EMORY, NO COMMISSIONER HENDERSON AND COMMISSIONER MINAYA NO.

THE MOTION IS APPROVED.

WHEN WAS, WE'LL GO TO COUNCIL ON THIS ONE SECOND.

HERE.

I SHOULD KNOW THAT THE HEART.

NOVEMBER THE EIGHTH? YES, THE EIGHTH.