Planned Development District at Jim Miller Road
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An application for 1) a planned development district for MF-3(A) Multifamily District uses and 2) removal of a D-1 Liquor Control Overlay on property zoned CR-D-1 Community Retail District with the D-1 Overlay, on the southeast corner of South Jim Miller Road and Great Trinity Forest Way. Staff Recommendation: Approval of 1) a planned development district for MF-3(A) District uses, subject to a development plan and conditions; and 2) removal of a D-1 Liquor Control Overlay. Applicant: JPI Real Estate Acquisition LLC Representative: Tommy Mann/Jesse Copeland, Winstead PC Planner: Liliana Garza U/A From: March 20, 2025 Council District: 8 Z234-316(MP/LG)
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Flag minor amendment prohibition in Miller Road title and financing documents
Context: The April 24 CPC vote (9-2) included a condition that tree preservation boundaries 'may not be changed using minor amendment process,' an explicit procedural bar absent from standard zoning approvals and not derivable from the ordinance title alone.
Recommended: When conducting due diligence or preparing loan documents on the Z234-316 parcels, add the tree preservation condition as a non-standard encumbrance — the condition explicitly bars using the minor amendment process to adjust tree preservation boundaries, a restriction that will not surface in a standard deed search but materially constrains any future owner's or lender's ability to modify the site without a full rezoning.
Verify tree preservation covers all Miller Road phases, not just mixed-use
Context: Hampton's friendly amendment, accepted by maker Franklin at the April 24 CPC vote (9-2), explicitly extended tree preservation to all phases and barred the minor amendment process for boundary changes — a materially higher bar than a standard zoning condition.
Recommended: Pull the adopted Z234-316 ordinance and confirm tree preservation areas are mapped across every development phase — the Hampton amendment expanded the requirement from mixed-use portions only to all development. Any future boundary adjustment now requires a full rezoning amendment, not a minor amendment, adding months and significant cost to any post-entitlement site modification.
Request March CPC recording to investigate Herbert's absent vote on apartment case
Context: The March 20 CPC minutes explicitly state 'Herbert out of room, shown voting in favor' in a unanimous 12-0 vote; Herbert cast a dissenting vote at the April 24 hearing (9-2) after tree preservation conditions were introduced by amendment.
Recommended: File a records request for the March 20 City Plan Commission meeting recording and sign-in log for Z234-316 — the minutes note Herbert was 'out of room' yet recorded as voting in favor in a 12-0 result, and Herbert then reversed to a no vote at the April 24 hearing once substantive tree preservation conditions were added. Cross-referencing the two hearings may reveal whether an absent commissioner's vote was improperly counted.
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A public hearing to receive comments regarding an application for and (1) an ordinance granting a planned development district for MF-3(A) Multifamily District uses; and (2) an ordinance granting the removal of a D-1 Liquor Control Overlay on property zoned CR-D-1 Community Retail District with the D-1 Overlay, on the southeast corner of South Jim Miller Road and Great Trinity Forest Way Recommendation of Staff: Approval of (1) a planned development district for MF-3(A) District uses, subject to development plan and conditions; and (2) approval of removal of a D-1 Liquor Control Overlay Recommendation of CPC: Approval of (1) a planned development district for MF-3(A) District uses, subject to development plan and conditions with changes; and (2) approval of removal of a D-1 Liquor Control Overlay Z234-316(MP/LG)
An application for 1) a planned development district for MF-3(A) Multifamily District uses and 2) removal of a D-1 Liquor Control Overlay on property zoned CR-D-1 Community Retail District with the D-1 Overlay, on the southeast corner of South Jim Miller Road and Great Trinity Forest Way. Staff Recommendation: Approval of 1) a planned development district for MF-3(A) District uses, subject to a development plan and conditions; and 2) removal of a D-1 Liquor Control Overlay. Applicant: JPI Real Estate Acquisition LLC Representative: Tommy Mann/Jesse Copeland, Winstead PC Planner: Liliana Garza U/A From: March 20, 2025 Council District: 8 Z234-316(MP/LG)
Vote: 9 for, 2 against, 3 absent
recommend approval of 1) PDD for MF-3(A) Multifamily District uses and 2) removal of D-1 Liquor Control Overlay, subject to development plan and conditions
Friendly amendment by Hampton accepted by Franklin (maker): tree preservation area required for all development, not only mixed-use; tree preservation area may not be changed using minor amendment process
An application for 1) a planned development district for MF-3(A) Multifamily District uses and 2) removal of a D-1 Liquor Control Overlay on property zoned CR-D-1 Community Retail District with the D-1 Overlay, on the southeast corner of South Jim Miller Road and Great Trinity Forest Way. Staff Recommendation: Approval of 1) a planned development district for MF-3(A) District uses, subject to development plan and conditions; and 2) removal of a D-1 Liquor Control Overlay. Applicant: JPI Real Estate Acquisition LLC Representative: Tommy Mann/Jesse Copeland, Winstead PC Planner: Liliana Garza Council District: 8 Z234-316(LG)
Vote: 12 for, 0 against, 3 absent
hold under advisement until April 24, 2025
*Herbert out of room, shown voting in favor. Item heard individually.