[00:00:02]
LADIES AND GENTLEMEN, WE'RE GOING TO START THE PLANNING AND ZONING COMMISSION, MEETING OUR
[Call to Order]
REGULAR MEETING, IT IS NOW 5:34.I'M GOING TO ASK THAT IF YOU'VE GOT A CELL PHONE, IF YOU WOULD PLEASE PUT IT TO STUN, VIBRATE OR TURN IT OFF.
OK, SO WE'VE GOT OUR CALL TO ORDER ITEM NUMBER ONE.
[ITEM 1: Consider and take appropriate action regarding approval of the Planning and Zoning Commission Meeting Minutes from February 1, 2022.]
WE NEED TO CONSIDER AND TAKE APPROPRIATE ACTION REGARDING APPROVAL OF THE PLANNING AND ZONING COMMISSION MEETING MINUTES FROM FEBRUARY THE 1ST 2022.COMMISSIONERS, ANY QUESTIONS OR COMMENTS? I'LL ENTERTAIN A MOTION.
I'LL MAKE A MOTION TO APPROVE THE MEETING MINUTES AS WRITTEN.
I'VE GOT WILL TO APPROVE OR PUT A MOTION OUT TO APPROVE.
EILEEN THE SECOND. ALL IN FAVOR AYE, AYE.
THOSE OPPOSED. MOTION CARRIES.
AGAIN, DO I NEED TO READ ALL THIS VIDEO CONFERENCING? NO. OK, THANK YOU. OK, WE'RE FIXING TO GO INTO A PUBLIC HEARING AND WHEN WE DO THAT COMMISSIONERS WILL NOT BE ALLOWED TO ASK ANY QUESTIONS, SPEAK, COMMENT OR ANYTHING DURING THE PUBLIC MEETING OR PUBLIC HEARING.
THE COMMISSIONERS WILL RESERVE ALL QUESTIONS UNTIL AFTER THE PUBLIC HEARING IS CLOSED AND THE DISCUSSION ITEM IS OPENED.
SO WE'RE GOING TO GO INTO THE PUBLIC HEARING IS NOW OPEN AT 5:35.
[ITEM 2: CP2022-01 Commission to hold a public hearing, hear comments, and consider taking action to make a recommendation to the City Council regarding an amendment to Appendix “D,” “Comprehensive Plan,” of the Code of Ordinances of the City of Decatur, Texas, to amend the Comprehensive Plan and the Future Land Use Map of the City, for an approximate 3.035 acres of land located at 2112 Deer Park Road, Decatur, Texas, and an approximate 0.191 acres of land generally located to the centerline of Deer Park Road and adjacent to 2112 Deer Park Road, Decatur, Texas, from Estate Living (EL) Land Use Designation to Compact Neighborhood (CN) Land Use Designation. The property is more commonly referred to as 2112 Deer Park Rd., Decatur, Texas. (Application CP2022-01—Mr. Naveen Khammampati)]
ALL RIGHT. CHERYL, IS THE POWERPOINT UP? YES, MA'AM. UM, AGENDA ITEM TWO IS MR. NAVEEN, AND I'M NOT GOING TO TRY TO PRONOUNCE HIS LAST NAME.MR. NAVEEN K ON BEHALF OF TURNKEY TRACT TO AMEND THE COMPREHENSIVE PLAN AND THE FUTURE LAND USE MAP FROM AN ESTATE LIVING LAND USE DESIGNATION TO A COMPACT NEIGHBORHOOD LAND USE DESIGNATION ON APPROXIMATELY THREE POINT ZERO THREE FIVE ACRES OF LAND LOCATED AT 2112 DEER PARK ROAD, DECATUR, TEXAS.
THIS IS AN APPROXIMATE ZERO POINT ONE NINE ONE ACRES OF LAND GENERALLY LOCATED OR END, AT APPROXIMATELY ZERO POINT ONE NINE ONE ACRES OF LAND GENERALLY LOCATED TO THE CENTERLINE OF DEER PARK ROAD AND ADJACENT TO 2112 DEER PARK ROAD.
THE PROPERTY IS MORE COMMONLY REFERRED TO AS 2112 DEER PARK ROAD.
PROPERTY CURRENTLY HAS A LAND USE DESIGNATION OF ESTATE LIVING, AND THIS WAS THE DEFAULT DESIGNATION GIVEN TO A LOT OF LAND.
WE DID NOT WANT TO ANGER ANY PROPERTY OWNER BY ESTABLISHING OR SETTING A LAND USE DESIGNATION. IF YOU'LL RECALL, WHEN WE WERE UPDATING THE COMPREHENSIVE PLAN, THE APPLICANT IS PROPOSING COMPACT NEIGHBORHOOD OR CN LAND USE DESIGNATION IN TERMS OF SURROUNDING LAND USES TO THE NORTH.
YOU HAVE COMPACT NEIGHBORHOOD AND ESTATE LIVING SOUTH YOU HAVE ESTATE LIVING.
EAST IS TRADITIONAL NEIGHBORHOOD AND WEST IS COMPACT NEIGHBORHOOD, AND EACH OF THESE DESIGNATIONS HAVE WHAT IS IDENTIFIED AS A PRIMARY USE AND A SECONDARY USE SUITABLE FOR THOSE LAND USE DESIGNATIONS.
AND I'LL GET INTO COMPACT NEIGHBORHOODS SHORTLY.
THE APPLICANT IS REQUESTING A TOWNHOME RESIDENTIAL ZONING DISTRICT DESIGNATION FOR THE PURPOSE OF TOWNHOUSE DEVELOPMENT, AND TOWNHOMES ARE SINGLE FAMILY.
THEY'RE JUST SINGLE FAMILY ATTACHED.
THIS REQUEST, THIS COMP PLAN AMENDMENT REQUEST, IS BEING PROCESSED CONCURRENTLY WITH THE ZONING CHANGE APPLICATION, WHICH IS ZC2022-01 APPROVAL OF THE COMPREHENSIVE PLAN AMENDMENT MUST OCCUR BEFORE THE ZONING CHANGE CAN BE APPROVED.
NOW, IN TERMS OF THE COMPREHENSIVE PLAN AND ITS OBJECTIVES FOR COMPACT NEIGHBORHOODS, COMPACT NEIGHBORHOODS CAN SUPPORT A VARIETY OF HOUSING TYPES, INCLUDING SMALL LOT, SINGLE FAMILY, DETACHED PATIO HOMES, TOWNHOMES AND DUPLEXES IN A COMPACT NETWORK, OR COMPLETE WALKABLE STREETS THAT ARE READY TO NAVIGATE BY CAR, BICYCLE OR FOOT.
IT MAY ALSO CONTAIN A SMALL NUMBER OF COMMERCIAL BUSINESSES TO SUPPORT THE NEIGHBORHOOD.
THE PRIMARY LAND USE ARE SMALL LOT, SINGLE FAMILY, DETACHED PATIO HOMES, TOWNHOMES AND DUPLEXES. SECONDARY LAND USES INCLUDE CIVIC AND INSTITUTIONAL USES, PARKS AND OPEN
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SPACES, SMALL AMOUNTS OF NEIGHBORHOOD SERVING, RETAIL AND COMMERCIAL IN SPECIFIC LOCATIONS CENTRAL TO THE RESIDENTIAL AREAS AND WITHIN WALKING DISTANCE.THESE ARE THE LAND USE MAPS YOU HAVE THE EXISTING AND, AS I MENTIONED, ESTATE LIVING IS WHAT IS THIS EXISTING FOR THE LAND USE.
THE APPLICANT IS PROPOSING COMPACT NEIGHBORHOOD, WHICH MESHES WELL WITH THE COMPACT NEIGHBORHOOD, TO THE DESIGNATION, TO THE WEST AND TO THE NORTH.
NEXT SLIDE, PLEASE [INAUDIBLE] IN TERMS OF ZONING.
THE PROPERTY IS CURRENTLY ZONED SINGLE FAMILY ONE, WHICH IS YOUR HALF ACRE LOTS.
THEY ARE PROPOSING TOWNHOMES FOR ZONING.
NEXT SLIDE. THIS IS THE PROPOSED FLOOR PLAN.
FOR THE TOWNHOMES, NEXT SLIDE.
NEXT SLIDE. WE DID NOTIFY THIRTEEN PROPERTY OWNERS.
WE'VE RECEIVED NOTIFICATION BACK FROM EIGHT THAT ARE OPPOSED, AND THEY REPRESENT SIXTY SIX POINT SEVENTY FIVE PERCENT OPPOSITION.
THEREFORE, WHEN THE CITY COUNCIL TAKES ACTION ON THESE THIS APPLICATION, IT WILL REQUIRE A FAVORABLE VOTE, FAVORABLE VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL.
AND THIS IS INFORMATION THAT'S INCLUDED IN YOUR PACKET IT'S JUST THE THE PROPERTY OWNERS THAT ARE OPPOSED AND THE REASONS FOR THEIR OPPOSITION.
THERE IS CONCERN THAT THE TOWNHOMES WILL NOT BE CONSISTENT WITH SINGLE FAMILY DEVELOPMENT. THERE'S GOING TO BE INCREASED TRAFFIC, SAFETY IS A CONCERN.
DECREASE IN PROPERTY VALUE DENSITY APPARENTLY IS AN ISSUE.
AND THEN SOMEBODY INDICATED IT WOULD NOT BE ESTHETICALLY PLEASING, ALTHOUGH WE DON'T HAVE REALLY ANY ELEVATIONS TO SAY ONE WAY OR THE OTHER.
FROM STAFF'S PROFESSIONAL PERSPECTIVE AND STANDPOINT, COMPACT NEIGHBORHOOD IS CONSISTENT WITH THE SURROUNDING NEIGHBORHOOD AND WITH TOWNHOME, RESIDENTIAL ZONING.
STAFF IS RECOMMENDING APPROVAL OF COMP PLAN AMENDMENT 2022-01.
DO WE HAVE ANYBODY IN THE AUDIENCE THAT WOULD LIKE TO SPEAK ABOUT THIS AGENDA ITEM? THE APPLICANT IS HERE. FIRST, OK.
AND THE OWNER OF THE PROPERTY ALSO.
WHO IS THE OWNER WHO'S? OK. WOULD YOU LIKE TO SPEAK ON THAT, PLEASE COME UP TO THE MICROPHONE YES SIR GIVE US YOUR NAME AND ADDRESS.
OK, THERE YOU GO. YOU'RE GREEN.
OKAY. THANK YOU GUYS FOR LETTING ME SPEAK TONIGHT.
I LIVE AT 406 EAST WALKER HERE IN TOWN.
MY WIFE AND I PURCHASED THIS LAND ABOUT A YEAR AGO WITH THE INTENT OF BUILDING ON IT AND WITH THE HIGH COST OF CONSTRUCTION RIGHT NOW WAS NOT FEASIBLE FOR US.
SO WE BOUGHT A HOUSE HERE IN TOWN.
WE'VE BEEN TRYING TO SELL IT BASICALLY EVER SINCE THEN, WHICH HAD BEEN, I DON'T KNOW, BACK LAST SUMMER AND NOT REALLY GETTING A LOT OF BITES.
SO IT'S KIND OF HARD TO DEVELOP THIS LAND RIGHT NOW IN ANY POSSIBLE WAY.
AND THIS IS THE ONLY GOOD OFFER, THE ONLY REAL OFFER WE'VE HAD, ACTUALLY.
I DO HAVE EXPERIENCE AS THE CHAIRMAN OF PLANNING AND ZONING AND ON CITY COUNCIL IN A NEARBY TOWN. I DID PLANNING A ZONING FOR A YEAR AND THREE YEARS OF CITY COUNCIL, SO I UNDERSTAND THE GRAVITY OF MAKING DECISIONS LIKE THIS.
I KNOW IT'S NOT SOMETHING TO BE TAKEN LIGHTLY AND THAT THERE ARE CONSIDERATIONS FOR PEOPLE WHO LIVE NEAR THE PROPERTY, BUT ALSO I KNOW THAT SOMETIMES DECISIONS WERE MADE BECAUSE WE FELT IT WAS THE RIGHT THING, EVEN IF NOT THE MOST POPULAR.
AND SOMETIMES IT WAS JUST PART OF THE ONLY WAY THAT WE COULD CONTINUE TO BE A GROWING TOWN. I DON'T DO THIS BECAUSE I'M NOT THE PERSON WHO'S CONSTRUCTING ANY OF THIS.
LIKE I SAID, WE'RE UNDER CONTRACT TO SELL THIS PROPERTY, BUT I WOULDN'T BE SUPPORTIVE OF THIS IF I ACTUALLY THOUGHT IT WAS GOING TO CAUSE HARM TO PEOPLE WHO LIVE NEAR THERE.
I HAVE RELATIVES AND FRIENDS WHO LIVE ACROSS THE STREET FROM WHERE THIS PROPERTY IS, INCLUDING MY BROTHER WHO'S NOT HERE TODAY, BUT HE IS.
HE TOLD ME THAT HE DID NOT FEAR THAT THIS WAS GOING TO HURT HIM IN ANY MEANINGFUL WAY.
I DID NOTICE THAT SOME SOME OF THE PROTESTS TO THIS, LIKE SHE SAID, INVOLVED ESTHETICS,
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WHICH AGAIN, I'VE NOT SEEN AN ELEVATION OF IT OR THEY DON'T LIKE THAT IT WOULD BE INCONSISTENT WITH THE SURROUNDING NEIGHBORHOOD.BUT AS YOU COULD SEE FROM THE MAP, MOST OF THE PROPERTIES THAT TOUCH IT PERIMETER WISE ARE ALREADY ZONED AS A COMPACT NEIGHBORHOOD.
AND I BELIEVE THOSE ARE GOING TO BE DEVELOPED EVENTUALLY BY DOUBLE CREEK, WHICH, BY THE WAY, WE DID OFFER IT TO THEM TO TO BUY THIS LAND AND THEY THEY DID NOT HAVE ANY INTEREST.
WE THOUGHT IT WOULD GIVE THEM ACCESS TO DEER PARK FROM THE PROPERTY THAT THEY CURRENTLY OWN TO THE WEST OF IT.
AND I KNOW THAT THE OWNER OF DOUBLE CREEK IS ONE OF THE PEOPLE WHO DID FILE A PROTEST, ALTHOUGH I DON'T BELIEVE HE'S HERE TONIGHT.
BUT ANYWAY, I JUST I'D LIKE TO SAY THAT I AM SUPPORTIVE OF THIS.
IT DOES PROVIDE SOME HOUSING OPTIONS THAT AREN'T AS READILY AVAILABLE NEAR SEVERAL OF OUR SCHOOLS. CHURCHES HOSPITAL HERE IN TOWN.
WE'VE GOT THREE SCHOOLS THAT ARE RIGHT NEAR THERE, TWO ELEMENTARYS AND A MIDDLE SCHOOL, AND NOT EVERYBODY CAN AFFORD THE HOUSING THAT'S CURRENTLY THERE.
I'M NOT SAYING THAT THIS IS GOING TO BE CHEAP GOVERNMENT HOUSING TYPE SITUATION, BUT IT PROBABLY WILL BE MORE AFFORDABLE THAN MOST OF THE HOUSES THAT PEOPLE COULD LIVE IN AND REASONABLY WALK TO THE SCHOOLS AND BE IN THAT AREA.
AND I ALSO, I GUESS THAT'S THE BULK OF WHAT I WANTED TO SAY.
I DO UNDERSTAND THE OPINIONS OF SOME OF THOSE WHO ARE HERE THAT WOULD BE IN OPPOSITION.
ONE, ONE LAST THING. WHEN WE LIVED IN JUSTIN, WHICH IS WHERE WE MOVED TO DECATUR FROM, WE LIVED IN A NEIGHBORHOOD WHERE DIRECTLY ADJACENT TO US, THEY BUILT LARGE APARTMENT BUILDINGS AND THEN ACROSS THE STREET FROM OUR NEIGHBORHOOD, THEY BUILT A COMPACT NEIGHBORHOOD WITH, I BELIEVE, EIGHTH OF AN ACRE LOTS.
AND WE HAD NO TROUBLE SELLING OUR HOME FOR QUITE A BIT MORE THAN WE HAD PAID FOR IT ONLY FOUR YEARS PRIOR. SO WE DIDN'T SEE ANY NEGATIVE IMPACTS FINANCIALLY FROM IT AND INSTEAD, ESTHETICALLY IT HONESTLY, THEY THEY WEREN'T A PROBLEM FOR US.
YEAH. DEDRA, IF YOU GUYS DON'T MIND, I WOULD LIKE TO SPEAK FOR A FEW MINUTES.
OKAY MR. NAVEEN. GO RIGHT AHEAD.
I'M GOING TO SHARE MY SCREEN GIVE ME ONE SECOND.
NAVEEN YOU NEED TO INTRODUCE YOURSELF AND YOUR ADDRESS.
CAN YOU ALL SEE MY SCREEN? GOOD EVENING, COMMISSIONERS.
MY NAME IS NAVEEN KHAMMAMPATI AND I'M THE CIVIL ENGINEER.
AND ALSO I REPRESENT THE DEVELOPERS FOR THIS PROJECT.
MY OFFICES ARE 2770 MAIN STREET, FRISCO, TEXAS.
WHAT WE ARE PROPOSING HERE IS CONSISTING OF TWENTY SEVEN TOWNHOMES, APPROXIMATELY TWENTY SEVEN OUT OF THREE ACRES THAT COMES OUT TO BE NINE UNITS PER ACRE.
WE HAVE A TYPE OF ROADWAY THAT'S CONSISTENT WITH THE STANDARDS OF THE CITY OF DECATUR THAT WILL ALSO BE CONNECTED TO THE PROPERTY ON THE WEST THAT WILL BE USED AS A SUPPORT FOR THEM TO FUTURE ACCESS.
I BELIEVE THEY DO HAVE ABOUT FIFTY FEET OF THE FRONTAGE ON THE NORTH SIDE OF THIS PROJECT THAT WILL ALSO PROVIDE ACCESS TO THE DECATUR, THE LANIER PARK ROAD.
SO IN ADDITION TO THE IMPROVEMENTS THAT WE ARE DOING WITHIN THE DEVELOPMENT, WE ARE ALSO DEDICATING AROUND THIRTY SIX TO FORTY FEET OF THE RIGHT OF WAY FOR THE FUTURE, BE PART ROAD IMPROVEMENTS THAT'S PLANNED AS PART OF THE CAPITAL IMPROVEMENTS.
I DO UNDERSTAND THAT ONE OF THE CONCERNS THAT WE HAVE TONIGHT IS THE INCREASED TRAFFIC AND THE CITY HAS PLANS TO EXPAND THIS ROADWAY IN THE FUTURE.
I'M REALLY NOT SURE WHEN THAT EXPANSION WILL BE, BUT THERE IS A PLAN FOR THAT.
AND REGARDING THE PROPERTY VALUES, I THINK, YOU KNOW, THIS TOWNHOME DEVELOPMENT THAT WE ARE PROPOSING IS GOING TO BE CONSISTENT WITH THE CITY'S FUTURE LAND USE PLAN, WHERE THE CITY IS PLANNING FOR THE COMPACT NEIGHBORHOOD ON THE ADJACENT PROPERTIES THAT ONE OF THE ONE OF THE USE OUT OF THE COMPACT NEIGHBORHOOD IS THE ATTACHED SINGLE FAMILY.
SO I WANT TO REITERATE THAT THIS IS NOT A MULTIFAMILY DEVELOPMENT.
THIS IS A SINGLE FAMILY DEVELOPMENT, BUT THIS IS AN ATTACHED, SINGLE FAMILY DEVELOPMENT.
WE HAD A PRE-DEVELOPMENT MEETING WITH THE CITY TWO TO THREE WEEKS AGO.
WE DISCUSSED ABOUT THIS PROJECT AND THE CITY WAS SUPPORTIVE OF OUR DEVELOPMENT, AND THEY DID PROVIDE SOME INPUT, SUCH AS CONNECTING OUR ROADWAYS TO THE ADJACENT LAND SO THAT IN
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THE FUTURE, WHEN THEY DEVELOP, THEY CAN ACCESS TO THE MAIN ROADS.ALSO, REGARDING SOME OF THE UTILITIES THAT WE ARE GOING TO BE TALKING IN DETAIL AND PROVIDING DETAILED PLANS IN THE FUTURE, AND WE ARE SUBMITTING THESE PLANS FOR THE CONSTRUCTION. I WANT TO BRIEFLY GO OVER WHAT OUR PLAN IS AS FAR AS WHAT WE ARE PROPOSING.
WE ARE PROPOSING A WROUGHT IRON FENCE ALONG THE SOUTH, BE A THREE PART ROAD AND WE ARE GOING TO PROPOSE A MONUMENT RIGHT IN THE MIDDLE.
IF YOU GUYS CAN SEE THE SCREEN RIGHT HERE ON MY WHERE MY CURSOR IS, THAT'S WHERE THE MONUMENT, THAT'S HOW THE MONUMENT IS GOING TO BE LOOKING LIKE.
WE ARE PROPOSING A MONUMENT IN THE CENTER AND THEN THE LEGISLATURE.
THE FLOOR PLANS. THE FLOOR PLAN IS GOING TO BE BETWEEN FIFTEEN HUNDRED TO EIGHTEEN HUNDRED SQUARE FEET MAXIMUM.
WE CAN GO FOR TWENTY THOUSAND SQUARE FEET.
PLEASE NOTE THAT THERE IS A HIGHER DEMAND FOR AFFORDABLE HOUSING, ESPECIALLY WITH THE HOUSING MARKET LIKE THIS.
EVERYBODY YOU KNOW THE PRICE PER SQUARE FOOT IS EXTREMELY HIGH TO BUY ANY HOUSING.
SO THERE IS A THERE IS A NEED FOR AFFORDABLE HOUSING AND THESE TOWNHOMES WILL BE DEFINITELY ONE OF THE OPTIONS FOR A LOT OF FRONTLINE WORKERS, SUCH AS TEACHERS, FIREMEN, ALL THOSE GUYS LOOKING FOR A HOUSING IN THE CITY OF DECATUR.
THIS WILL BE AN OPTION FOR THEM.
THE UTILITIES REGARDING THE SANITATION AND WATER, WE ARE DOING OUR SITE IMPROVEMENT.
IN ADDITION TO WHAT WE ARE PLANNING WITHIN THE SUBDIVISION, WE ARE RUNNING A 12 INCH WATER MAIN TO THE PROJECT.
WE'RE ALSO BRINGING SANITARY SEWER ALL THE WAY FROM THE NEARBY RESIDENTIAL DEVELOPMENT, LIKE AN 18TH CENTURY SEWER RUNNING TO THE PROJECT.
WE'RE ALSO UPGRADING SOME OF THE INFRASTRUCTURE IN THERE AS WELL.
THIS IS A RENDERING VIEW OF HOW THESE HOUSING'S GOING TO LOOK LIKE AND WHAT WE'RE PROPOSING HERE. THE QUALITY DOWNTOWN DEVELOPMENT.
THIS IS IN NO WAY A COOKIE-CUTTER TYPE OF DEVELOPMENT.
THIS IS DEFINITELY GOING TO INCREASE THE PROPERTY VALUE OF THE ADJACENT PEOPLE.
I WOULD NOT DOUBT IT WOULD DECREASE THE PROPERTY VALUE SET UP.
THIS IS ANOTHER VIEW OF HOW THESE TOWNHOMES ARE GOING TO BE LOOKING LIKE.
AND WITH THAT WILL TURN OUT TO RISE FOR ANY QUESTIONS.
MR. NAVEEN THANK YOU VERY MUCH.
THANK YOU. DO WE HAVE ANYBODY ELSE WISHING TO SPEAK ON THIS? AND THEY CAN THEY SPEAK DURING.
YES, MA'AM. CAN I JUST MAKE IT CLEAR THIS IS THE COMPREHENSIVE PLAN AMENDMENT.
WE'RE NOT TALKING ABOUT ZONING JUST YET.
JUST THE COMPREHENSIVE PLAN AMENDMENT.
OK. SO DO WE HAVE ANYBODY ELSE WISHING TO SPEAK? JERRY WATSON. GOOD EVENING, JERRY.
FOR THE RECORD, I'M JERRY WATSON, I LIVE IN 2003 DEER PARK ROAD.
I'M NOT NECESSARILY AGAINST TOWNHOUSES.
I'M PARTICULARLY UP AGAINST THIS PARTICULAR HOUSE.
I BELIEVE SHE SAID. WE COULDN'T VOTE ON THE HOUSE AND WE CAN'T.
BUT THE HOUSE THAT THEY'RE PROPOSING IS WHAT MAKES IT THERE.
WE HAVE A STREET WHERE THE HOUSES ARE.
I DON'T REALLY KNOW 1700, 1800 UP ON LARGER THAN NORMAL LOTS.
WE HAVE A FROM THOMPSON STREET DOWN TO [INAUDIBLE].
IT'S. A NICE NEIGHBORHOOD HAS A VERY GOOD ATMOSPHERE.
AND WHEN THEY BUILD THESE, YOU'RE GOING TO CHANGE THAT ATMOSPHERE THERE.
I THINK THERE ARE TWENTY SIX UNITS IN THAT THREE ACRES, IF I'M NOT MISTAKEN.
THAT'S A LOT OF HOUSES ON THREE ACRES.
IF YOU BUILD THAT MANY, YOU WILL CHANGE THE ATTITUDE OF THE NEIGHBORHOOD ITS LIABILITY, AND THEREFORE YOU CHANGE THE VALUES TO THE HOUSES THEY'RE PROPOSING.
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I'M GOING TO CALL THEM AGREED PLAN.THEY HAVE THEM SQUISHED UP SO THEY CAN GET AS MANY HOUSES AS POSSIBLE ON THE LOT.
AND IF YOU LOOK AT THEIR PLAN, THEY HAVE A DOUBLE CAR GARAGE.
THE DOUBLE CAR HAS PARK ONE CAR BEHIND THE OTHER AND ON THE FIRST FLOOR TO MAKE THE GARAGE. I THINK IT IS A VERY, VERY BAD PLAN, AND THEY SAY YOU CAN'T VOTE ON THE PLAN, BUT I THINK THAT'S WHAT THAT'S WHY.
IF SOME GUY COMES UP HERE AND HE SAYS THERE'S A LOT I CAN BUY, I CAN PUT ALL THESE HOUSES ON IT, I CAN MAKE IT.
I'LL BE GONE IN A WAY THAT THAT'S NOT RIGHT.
IF THEY WOULD GO IN AND BUILD THE THE HOUSES, THE TOWNHOUSES, IT WILL GET DOWN THERE.
I WOULD BE GLAD FOR IT, BUT THEY'RE NOT PROPOSING THAT.
AND I THINK WHAT I THINK YOU WILL HAVE TO KILL THE ZONING ORDER TO GET RID OF THE.
THE PEOPLE WHO WANT TO BUILD IT.
THANK YOU JERRY. THANK YOU VERY MUCH.
MR. [INAUDIBLE] MY NAME'S WILL [INAUDIBLE] AND I'M AT 2103 DEER PARK.
MY WIFE, BRENDA, AND I MOVED IN SEPTEMBER AND WE DIDN'T HEAR ABOUT THIS UNTIL SUNDAY MORNING. AND, YOU KNOW, AFTER WORSHIP, I WAS TOLD OF IT AND IT WAS A SHOCK TO ME.
MY NEIGHBOR TO THE SOUTH HAD NOT BEEN NOTIFIED EITHER BECAUSE THEY HAD RECENTLY BOUGHT THEIR PROPERTY.
AND AS WE WENT AND TALKED TO OUR OTHER NEIGHBORS, I DID NOT FIND ANYONE WHO THOUGHT THIS WAS A GOOD IDEA.
MY PERSPECTIVE, I'M I'M REAL APPRECIATIVE THAT WE GET A CHANCE TO BE HERE, THAT I COINCIDENTALLY FOUND OUT ABOUT THIS HAPPENING.
I, MY WIFE AND I MOVED FROM DENTON, TEXAS.
I FIRST STARTED IN DENTON IN '92, AND THERE'S A LOT OF STUFF I LOVE ABOUT DENTON AFTER 30 YEARS. AND I'VE ALSO SEEN PLANNING AND ZONING GOING AMUCK IN DENTON IN SOME AREAS.
AND I WOULD NOT HAVE BOUGHT OUR HOUSE IN SEPTEMBER IF I HAD KNOWN ACROSS THE STREET THERE'S GOING TO BE TOWNHOMES AND TWENTY NINE TOWNHOMES.
AND EVERY MORNING I'VE GOT TO COME OUT OF MY HOUSE AND WAIT ON TWENTY NINE OTHER VEHICLES AS THEY'RE CIRCLING AROUND ON A STREET THAT IS ALREADY CONGESTED.
THE FEEL OF DEER PARK IS NOT CONDUCIVE FOR THIS COMPACT DENSITY.
THERE IS A REASON THAT EACH SIDE OF DEER PARK IS SINGLE FAMILY AND NOT COMPACT DENSITY UNTIL YOU MOVE A LITTLE FURTHER TO THE NORTH.
AND IT IT IS ONE THING TO SAY TO THE WEST.
OK, WE ALREADY HAVE COMPACT HOUSING, BUT IT'S A QUITE DIFFERENT TO SAY LET'S JUST ERASE THE SINGLE FAMILY ON DEER PARK AND MOVE IT OVER INTO DEER PARK, BECAUSE THEN YOU ARE SUBSTANTIALLY CHANGING EVERYTHING AROUND IT.
I AM NOT AGAINST COMPACT HOUSING.
I AM BECAUSE IN THIS ONE AREA, BECAUSE IT IS NOT CONDUCIVE OF WHAT'S THERE, AND IT WOULD HAVE AFFECTED MY BUYING THE PROPERTY FOR CERTAINLY.
AND I DO UNDERSTAND BRAD'S POINT THAT HE HAD A GOOD EXPERIENCE IN ANOTHER TOWN OVER THE LAST FOUR YEARS. AND I WILL SAY WE'VE BEEN IN A GOOD ECONOMY, YOU KNOW, OVER HISTORICALLY THE LAST FEW YEARS, AND EVERYTHING WILL SELL BETTER IN A GOOD ECONOMY, TEXAS IN GENERAL, POPULATIONS MOVING IN HERE.
I AM CONCERNED IF WE FACE INFLATION AND A DOWNTURN AND I HAVE MY HOUSE THAT I BOUGHT AND THEN THE PLANNING AND ZONING HAS SUBSTANTIALLY CHANGED IT AND CREATED A NEGATIVE IMPACT AS I'VE SEEN THIS HAPPEN IN DENTON, WHICH IS WHY I LEFT THEM IN THE FIRST PLACE.
ALSO FOR THE FACT MOVING FORWARD ON IT TODAY, SEVERAL OF US WEREN'T EVEN NOTIFIED AND I UNDERSTAND WHY WE WEREN'T ON THE PREVIOUS TAX ROLLS AND SO WE DIDN'T GET ON THE MAILING LIST. BUT THERE ARE ALSO THE IMPACTS OF TRAFFIC, AND I THINK NAVEEN DID MENTION THE CIVIL IMPACT. BUT I DO THINK A TRAFFIC STUDY IS WARRANTED.
AND THESE ELEVATIONS, NAVEEN SHOWED, ARE DIFFERENT THAN THE ONES IN THE PACKET AND ALSO DIFFERENT THAN THE FIRST POWERPOINT SHOWN THE BUT THOSE KIND OF DENSITIES AND I SPEAK ON THIS AS PROFESSIONAL LICENSED ENGINEER AND I WORK ON BUILDINGS.
I'M NOT AGAINST TOWNHOMES AND I'M NOT AGAINST HAVING THESE IN DECATUR.
BUT THERE'S A THERE'S A ROLE FOR PLANNING AND ZONING, AND WE PLACED A LOT OF TRUST AND FAITH IN PLANNING AND ZONING WHEN WE MOVED TO DECATUR BECAUSE WE HAD LOST IT IN DENTON.
[00:25:03]
AND I REALLY ENCOURAGE THE BOARD TO LISTEN TO EVERYONE ELSE WHO'S FILED COMPLAINTS AND THE REST OF MY STUFFS RELATED TO THE ZONING.BUT THIS IS EVERYTHING I'VE SAID HERE HAS ABOUT THE COMPACT DENSITY, SPECIFICALLY ON DEER PARK AT THAT JUNCTURE.
THANK YOU. THANK YOU VERY MUCH.
DO YOU HAVE ANYONE ELSE? SHIRLEY ANYONE ON JAMIE PEYTON? OH, HELLO.
THANK YOU FOR TAKING THE TIME TO LISTEN TO ME.
MY HUSBAND, JASON BOLAND AND I OWN [INAUDIBLE] STATE YOUR NAME AND ADDRESS.
YES, IT'S JAMIE PEYTON AND I OWN 2105 DEER PARK.
YES. AND SO WE CLOSED ON OUR HOUSE BACK IN SEPTEMBER AS WELL.
AND I WOULD JUST LIKE MR. [INAUDIBLE] SAID HE PRETTY MUCH TOOK THE WORDS RIGHT OUT OF MY MOUTH WHEN WE WOULD NOT HAVE PURCHASED THIS HOME IF WE WOULD KNOWN THIS.
I HAVE ALL THE REASONS THAT HE HAS, BUT A LITTLE PERSONAL.
I GREW UP IN PARADISE AND I GRADUATED THERE AND I ENJOYED THE ACRE I LIVED ON AS A KID GROWING UP, AND I MOVED TO THE CITY AND BUILT A BEAUTIFUL HOME AND REALIZED ALL THESE HOUSES WERE JUST GOING UP.
IT WAS CONGESTED AND IT JUST EVERYTHING IN ME WANTED TO COME BACK TO DECATUR AND PARADISE IN [INAUDIBLE] COUNTY, FOR MY FAMILY, FOR MY KIDS.
AND I REALLY THINK PUTTING A I'M SORRY, I'M EMOTIONAL BECAUSE IT MEANS THAT MUCH TO ME.
BUT PUTTING TOWNHOMES ACROSS FROM MY CHILDREN WHERE I'VE TRIED TO GET AWAY FROM AND BEING ABLE TO PROVIDE THAT SAFETY AND SECURITY AND THAT GREAT PLACE TO GROW UP WITH THE SCHOOL SYSTEM AND EVERYTHING, I JUST FIND IT REALLY DIFFICULT TO LOOK AT THAT EVERY MORNING TO FEEL UNSAFE AND TO JUST SEE HOW MUCH I JUST SPENT ON THIS HOME FOR MY MY FAMILY AND JUST SEE THAT THAT ALL COULD BE TAKEN AWAY JUST BY HAVING HOUSES RIGHT ACROSS THAT ARE JUST SO COMPACT. I MYSELF HAVE LOVED WISE COUNTY FOREVER, AND I'M NOT OPPOSED TO THE GROWTH AND DEVELOPMENT OF WISE COUNTY AT ALL.
IN FACT, I WANT TO BE A BUSINESS OWNER IN WISE COUNTY AT SOME POINT.
HOWEVER, I SEE THAT BEAUTIFUL PLOT OF LAND TO BE HOMES ON LARGER ACRES THAT MATCH WHAT WE ARE CURRENTLY IN RIGHT NOW.
IF YOU DON'T KNOW, DEER PARK IS ON FIVE ACRES, WHICH IS KIND OF UNHEARD OF THAT STREET.
IT'S ON QUITE A BIT OF ACREAGE RIGHT THERE.
AND SO IT JUST DOESN'T MATCH THE ESTHETIC OF PUTTING SMALLER HOMES RIGHT ON TOP.
AND I'M BY NO MEANS OPPOSED TO AFFORDABLE HOUSING.
MY HUSBAND AND I HAD TO START IN APARTMENTS WHEN WE GOT MARRIED, BUT WE WORKED VERY HARD TO BUILD TO WHERE WE'RE AT RIGHT NOW AND TO BE ABLE TO AFFORD WHERE WE'RE AT.
AND I FEEL LIKE PUTTING THAT ACROSS OF OUR FROM OUR STREET, IT'S JUST GOING TO DEFACE THE VALUE OF OUR HOME. IT'S GOING TO PROVIDE MAYBE I MEAN, THIS IS NOT 100 PERCENT CERTAIN, BUT IT COULD PROVIDE MORE CRIME.
IT COULD PROVIDE A LOT OF THINGS.
AND SO I JUST I'M VERY OPPOSED TO IT FOR THOSE REASONS.
AND WHAT MR. [INAUDIBLE] SAID, AND SO I JUST WANTED TO LET Y'ALL KNOW THAT I'M SORRY THAT I TAKE THE PERSONAL ROUTE, BUT IT JUST MEANS THAT MUCH TO ME AND I'M SO PASSIONATE ABOUT WHERE I LIVE AND DEER PARK IN THE COMMUNITY THAT IT WOULD BE VERY UNSAFE AND NOT ESTHETICALLY PLEASING AND CAUSE A LOT OF TRAFFIC AND JUST NOT THE BEST PLACE FOR IT.
DEER PARK. THANK YOU VERY MUCH FOR YOUR COMMENTS.
THANK YOU. ANYONE ELSE? CHRISTIE [INAUDIBLE].
ARE YOU IN THE ZOOM ROOM? I'M SORRY. YES, HI, I AM, CHRISTIE [INAUDIBLE].
ARE YOU ABLE TO HEAR ME? OH YEAH. OH OK.
OK. AND AND I'M A WE ARE OPPOSED.
WE ARE HAVE SEVERAL TRACTS OF LAND THAT END UP TOTALING ABOUT THIRTY FIVE ACRES JUST SOUTH OF THE THE PROPERTY IN QUESTION.
AND WE ARE OPPOSED MAINLY BECAUSE OF ESTHETICS AND AND JUST IT DOESN'T.
I'M NOT AGAINST COMPACT HOUSING, NOT AGAINST TOWNHOMES.
I JUST DON'T THINK IT'S A GOOD FIT FOR THIS SPOT.
THE REST OF THE HOMES ARE SINGLE FAMILY HOMES, AND I JUST BELIEVE THIS IS MORE MORE OF A PLACE FOR THAT.
THANK YOU, CHRISTIE. YOU'RE WELCOME.
MICHAEL THOMAS, DO YOU WISH TO SPEAK ON THIS ITEM? YES, MA'AM. I'LL JUST PUT IN A LITTLE BIT OF INFORMATION.
I LIVE AT 725 HLAVEK ROAD HERE IN DECATUR.
[00:30:04]
AND I AM MR. NEVEEN'S REAL ESTATE AGENT WORKING WITH HIM ON THIS DEAL.MY WIFE AND I AND FAMILY HAVE LIVED IN WISE COUNTY FOR MY ENTIRE ADULT LIFE.
WE USED TO LIVE ON RODDEN DRIVE THERE OFF OF DEER PARK.
WE DID HAVE A HOUSE AT ON RODDEN DRIVE THAT WE SOLD A FEW YEARS BACK WHEN WE MOVED UP TO ALVORD. AND I KNOW THAT WHEN WE PURCHASED THAT HOUSE AND SOLD THAT HOUSE, I KNOW THAT THE VALUES ON THOSE HOMES HAVE NOT GONE DOWN SINCE THE TOWNHOMES WENT IN ACROSS THE STREET.
I DO ALSO WANT TO POINT OUT THAT DOUBLE CREEK, WHO OWNS THE PROPERTY TO THE WEST, DOES HAVE ACCESS TO DEER PARK ROAD THAT IS ALREADY COMPACT FAMILY.
AND SO IF THEY CHOOSE TO DEVELOP THAT TOMORROW INTO COMPACT FAMILY, THEY'RE GOING TO BE ADDING WITH A HUNDRED PLUS OR MINUS ACRES THERE THAT THEY'VE GOT, THEY'RE GOING TO BE ADDING A SUBSTANTIAL AMOUNT OF TRAFFIC COMPARED TO WHAT THIS 2.3 BUILDABLE ACRES IS GOING TO ADD. SO I WILL I'LL LEAVE IT AT THAT, LIKE I SAID, MY INTEREST LIES IN THE FACT THAT I REPRESENT MR. KHAMMAMPATI AND JUST HOPE THAT YOU GUYS WILL TAKE THAT INTO CONSIDERATION.
CHERYL, DO WE HAVE ANYBODY ELSE? THE PHONE NUMBER 940-577-1197.
DO YOU WISH TO SPEAK? IT'S OK TO TALK, WE WON'T BITE.
I GUESS NOT. ANYONE ELSE, CHERYL? NO, SIR. OK.
DO WE HAVE ANYBODY ELSE THAT WISH TO SPEAK ON THIS ITEM AGENDA.
CECIL. YES, I'D LIKE TO JUST MAKE SOME CLARIFICATIONS.
OKAY? AND THE REASON I POINTED OUT THAT THIS IS THE COMPREHENSIVE PLAN AMENDMENT.
THERE SEEMS TO BE SOME CONFUSION THAT COMPREHENSIVE PLANNING OR THE LAND USE IS ZONING.
IT IS NOT ZONING, SO WHEN IT SAYS COMPACT NEIGHBORHOODS, THAT'S ONE THING, BUT THE UNDERLYING ZONING FOR THOSE COMPACT NEIGHBORHOOD DESIGNATED PROPERTIES IS SINGLE FAMILY.
SO MARK DUNCAN WOULD NOT BE ABLE TO DO A COMPACT DEVELOPMENT WITHOUT COMING BEFORE THIS BOARD, WITHOUT THERE BEING NOTIFICATION TO THE PROPERTY OWNERS BECAUSE IT WOULD ALSO REQUIRE A ZONING CHANGE.
SO EVEN THOUGH HIS UNDERLYING LAND USE DESIGNATION IS COMPACT NEIGHBORHOODS, THAT DOES NOT MEAN HE AUTOMATICALLY HAS THE RIGHT TO DEVELOP A DENSE, COMPACT DEVELOPMENT THAT ZONING DESIGNATION WOULD NEED TO BE CHANGED.
SO I JUST WANT TO MAKE THAT CLEAR.
THANK YOU FOR THE CLARIFICATION, DEDRA.
YOU'RE WELCOME. HI, MY NAME IS IRENE ENRIQUEZ, I'M THE 940 NUMBER I COULDN'T FIND A WAY TO UNMUTE MYSELF. ZOOM HAD ME MUTED, SO I HAD TO GOOGLE IT.
[LAUGHTER] I HAD TO GOOGLE IT, BUT I'M HERE NOW.
WHAT WAS YOUR NAME AGAIN? SO I'M IRENE ENRIQUEZ 2102 DEER PARK ROAD.
OKAY. AND SO I ALSO AGREE WITH ALL OF MY CO-NEIGHBORS HERE ON THE CALL.
ONE OF THE MANY THINGS THAT I'M JUST MOST CONCERNED ABOUT IS IN DECATUR FOR THOSE OF US WHO ARE VERY FAMILIAR WITH THIS TOWN EVERY SINGLE COMPACT HOUSING, ESPECIALLY THINGS LIKE TOWNHOMES, APARTMENTS, THINGS LIKE THAT NONE OF THEM ARE LOCATED IN AREAS IN THE MIDDLE OF A RESIDENTIAL SINGLE FAMILY HOME AREA.
THIS IS THE FIRST ONE THAT I CAN THINK OF WHERE THIS IS GOING TO BE GEOGRAPHICALLY PLACED IN AN AREA WHERE REALLY IT'S NOT CONSIDERED SOMETHING NORMAL FOR OUR TOWN.
I DO AGREE IT'S GIVEN THE AREA THAT IT'S IN, I TOO, I'M ACTUALLY WOULD BE RIGHT NEXT TO THIS COMPACT HOUSING BUILD.
SO WITH THAT, I AM CONCERNED ABOUT NOT JUST THE TRAFFIC, BUT ALSO, YOU KNOW, THE IDEA OF COMPACT HOUSING IS AFFORDABLE HOUSING.
AND SO, YOU KNOW, IT'S FOR WHATEVER REASON, YOU KNOW, MAYBE WE DON'T KNOW THE BACKGROUND OF THESE INDIVIDUALS, BUT I AM CONCERNED ABOUT THE CRIME ABOUT IN AN AREA WHERE WE'RE
[00:35:02]
IT'S A VERY QUIET AREA.WE ARE ALREADY DEALING WITH THE TRAFFIC IN THE MORNING WITH THE SCHOOLS, YOU KNOW, ARE BEING RIGHT LOCATED AND WE ACTUALLY HAVE ABOUT THREE SCHOOLS LOCATED IN OUR AREA.
SO THIS NEW BUILD WOULD SIGNIFICANTLY IMPACT THE TRAFFIC AND THE CRIME THAT WE WOULD POSSIBLY SEE. I MEAN, WE ALREADY HAD LITTLE TOWNHOMES BUILT TOWARDS THE END OF DEER PARK ROAD. APPARENTLY, ANOTHER ONE IS GOING TO BE BUILT THERE, AND IT'S ALREADY BEEN APPROVED BY THE CITY BASED ON THE MOST RECENT PUBLIC MEETING.
AND I'M CONCERNED THAT NOW THIS IS THE THIRD ONE.
AND SO WE ARE IN THE PROCESS OF SELLING OUR HOME BECAUSE OF THAT, AND I'M NOW CONCERNED OF HOW MUCH IS IT GOING TO IMPACT NOW OUR HOME TO BE SOLD.
AND IF IT DOESN'T GET SOLD, IT'S GOING TO IMPACT THE VALUE OF MY HOME.
IF IT WASN'T THE MOMENT WE FOUND OUT ABOUT THE CITY APPROVING THE 9 ACRES FOR MULTIPLE RESIDENTIAL BUILD, WE IMMEDIATELY PUT OUR HOUSE ON THE MARKET THE FOLLOWING DAY AND I'M CONCERNED ABOUT AGAIN THE VALUE OF MY HOME, THE ANY POSSIBLE CONCERN THAT INTERESTED BUYERS ARE NOW GOING TO BE HAVING TO TAKE INTO CONSIDERATION.
AND THAT'S GOING TO AFFECT MY SELL NOW.
SO NO ONE WANTS TO BE LOCATED IN AN AREA WHERE IT'S DIRECTLY NEXT TO MULTI-FAMILY TOWNHOMES OR WHATEVER YOU WANT TO CALL THIS.
SO AGAIN, THE CONCERNS OF LOUD NOISE TRAFFIC, HOW IT'S GOING TO IMPACT THE VALUE OF OUR HOMES. POSSIBLE CRIME.
AND AGAIN AGAIN, IT'S LIKE WHAT I MENTIONED IN THE BEGINNING AND NOWHERE IN DECATUR DO WE HAVE COMPACT HOUSING IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD WHERE IT'S SINGLE FAMILY HOMES? THIS ISN'T.
THIS IS COMPLETELY JUST NOT NORMAL.
AND SO I AM ALSO OPPOSING THIS IDEA.
AND SO I JUST HOPE THAT ALL OF OUR CONCERNS ARE TAKEN INTO CONSIDERATION.
OK. IF THERE'S NO OTHERS IN THE AUDIENCE THAT'S WISHING TO SPEAK ON THIS AGENDA, THEN I'M GOING TO GO AHEAD AND CLOSE THIS PUBLIC HEARING AT 6:11.
AND AT THIS TIME, THE DISCUSSION OF THE ITEM BY THE COMMISSIONERS IS OPEN, SO.
YOUR CLOSING ITEM TWO? THAT IS. ITEM ONE WAS THE MINUTES.
ITEM 3 WAS ALL RIGHT. SIT TIGHT.
APPLICANT. AS DEDRA HAS POINTED OUT, THIS OBVIOUSLY IS A TWO STEP PROCESS WHERE WE WERE LOOKING AT THE COMPREHENSIVE PLAN CHANGE AND THEN WE'LL LOOK AT THE ZONING.
SO JUST LOOKING AT THE COMPREHENSIVE PLAN CHANGE, AS I LOOK AT THE COMPREHENSIVE PLAN, I DON'T SEE ANY REASON NOT TO CHANGE, YOU KNOW, TO RECOMMEND APPROVAL TO CHANGE THIS TO A COMPACT NEIGHBORHOOD.
I DO HAVE A LOT OF QUESTIONS WITH REGARD TO CHANGING IT TO TOWNHOMES, THE ZONING TO TOWNHOMES. BUT WHEN I LOOK AT THE COMPREHENSIVE PLAN, I DON'T SEE THERE BEING AN ISSUE TO CHANGE THIS TO COMPACT NEIGHBORHOOD BECAUSE RIGHT DOWN THE LITERALLY YARDS DOWN THE STREET IS THE SAME.
THERE'S A PROPERTY THAT'S IN THAT DESIGNATION.
SO I JUST DON'T SEE AN ISSUE WITH THAT.
HMM. ANY OTHER COMMENTS OR QUESTIONS? WHAT IS THE SIZE OF A LOT IN A COMPACT NEIGHBORHOOD? IS THERE A SET SIZE? NO, THERE'S NOT A SET SIZE TERRY.
WHAT WOULD THE SALE PRICES OF THESE UNITS BE? THIS MAY NOT BE THE APPROPRIATE TIME TO ASK THAT.
WELL, YES, SIR. THE SALE PRICE OF EACH UNIT WILL BE ANYWHERE BETWEEN ONE HUNDRED AND SEVENTY FIVE DOLLARS PER SQUARE FOOT TO ONE HUNDRED AND EIGHTY EIGHTY FIVE DOLLARS PER SQUARE FOOT. HOW MANY SQUARE FEET WILL THEY BE? HOW MANY BEDROOMS AND BATHROOMS? SO IT REALLY VARIES, BUT A MINIMUM IS A TWO BEDROOM AND TWO BATH.
THE SQUARE FOOTAGE IS ANYWHERE BETWEEN FIFTEEN HUNDRED TO TWO THOUSAND SQUARE FOOT.
SO YOU'RE OVER 300,000, ROUGHLY?
[00:40:04]
THE LOWEST ONE IS 250, YEAH, THE HIGHEST PROBABLY WILL BE THREE HUNDRED THOUSAND DOLLARS.OK. THOSE ARE STARTER HOMES? RIGHT.
I WAS GOING TO SAVE MY QUESTIONS FOR THE DEVELOPER LATER, BUT SINCE WE'RE OPENING THAT UP, I'LL JUST GO AHEAD AND ASK THEM QUESTIONS.
ARE THESE FOR SALE OR FOR RENT? THESE ARE FOR SALE.
OBVIOUSLY, RIGHT? YOU'VE ALREADY ANSWERED THAT QUESTION.
I'M SORRY, ARE THESE IS THIS AN AGE RESTRICTED COMMUNITY OR IS IT AVAILABLE TO ANY AGE TO BUY? I THINK IT'S ANY AGE BECAUSE YOU SAID STARTER HOME, CORRECT? IT IS FOR ANY AGE.
WE DON'T HAVE ANY AGE TARGET THAT OUR AGE RESTRICTED.
OK. WILL THERE BE AN HOA THAT WILL GOVERN THIS DEVELOPMENT.
ARE ALL THE FLOOR PLANS THE SAME, OR DO YOU HAVE DIFFERENT FLOOR PLANS THAT YOU'RE GOING TO [INAUDIBLE] MULTIPLE FLOOR PLANS THAT YOU ARE GOING TO REUSE OR ARE THEY ALL THE SAME? THERE WILL BE MULTIPLE FLOOR PLANS.
OKAY. IS THERE ANY SORT OF AMENITY WHERE YOU KNOW, IF YOU'VE GOT KIDS IN THE NEIGHBORHOOD, CAN THEY GO SOMEWHERE TO PLAY OR ARE THEY GOING TO BE REQUIRED TO GO DOWN THE STREET TO A CITY PARK OR WHAT? YEAH. DUE TO THE NATURE OF THE SITE, YOU KNOW, WE HAVEN'T PLANNED FOR ANY AMENITY.
THERE WILL BE GOING TO THE CITY PARKS FOR RECREATION PURPOSES.
OK. AND THEN IS THAT TRUE THAT THE GARAGE LAYOUT IS ONE BEHIND THE OTHER? ONE OF THE FLOOR PLANS THAT WE SUBMITTED AND THE PERSON, THE GENTLEMAN INDICATING, YES, THAT FLOOR PLAN CALLS FOR.
I GUESS, THE QUESTION THAT I HAVE A QUESTION FOR EARL OR DEDRA.
WHEN I HAVE DONE DEVELOPMENT BEFORE I WAS ASKED TO DO A ROAD LAYOUT WHERE A FIRE TRUCK CAN GET IN AND OUT WITHOUT HAVING TO BACK UP.
AND I'M QUESTIONING THIS PARTICULAR LAYOUT, WHETHER OR NOT A FIRE, WHETHER OR NOT THAT IS ACTUALLY A REQUIREMENT AND WHETHER OR NOT THAT CAN BE DONE IS THAT? CAN WE LOOK AT THE LAYOUT OF THIS? WELL, WHAT I, EARL CAN PROBABLY BETTER RESPOND, BUT I DO KNOW THAT DEROY DID HAVE AN OPPORTUNITY TO LOOK AT THIS CONCEPT PLAN WHEN THEY CAME TO TALK TO THE DRC, AND HE DID NOT RAISE ANY OBJECTIONS WITH REGARDS TO THAT.
EARL DID YOU HAVE ANYTHING ELSE YOU CAN ADD TO THAT? ONLY THAT WE DID BRING UP THIS DISCUSSION AND [INAUDIBLE] SHOWED A SITE PLAN.
AND THE STREET THAT GOES SOUTH AND TERMINATES IN AN EASEMENT FOR A POWER LINE HAS WHAT WE CALL A HAMMERHEAD AT THE END.
THAT'S NOT THE [INAUDIBLE] WAY WE LIKE TO DO IT, BUT IT IS A VERY SHORT STREET DEROY DID SEE IT AND WAS OK WITH THE HAMMERHEAD CONCEPT, AND THAT'S WHAT MR. NAVEEN HAS SHOWN ON HIS PLAN.
SO WHILE YOU'VE GOT THIS CONCEPT PLAN UP, THIS CONCEPT PLAN DOES NOT MATCH THE PLAN THAT THE DEVELOPER SHOWED US.
IT'S QUITE A BIT DIFFERENT, ACTUALLY.
CAN THE DEVELOPER SPEAK TO THAT? WELL, YES. I THINK DEDRA SHOWED THE FIRST CONCEPT AND THAT WE SUBMITTED TO THE CITY AND IN THE APPLICATION WE DID, THIS ONE WAS THE OLD CONCEPT IN THE APPLICATION.
I CAN SHARE THE SCREEN AND SHOW THE PLAN AGAIN.
I DID HAVE ONE QUESTION FROM THAT, IF YOU DON'T MIND.
YES, SURE. GO AHEAD. OH, SO IN THE NEW PLAN YOU'VE GOT, YOU COME INTO THE DEVELOPMENT AND THEN IT TURNS SOUTH AND THEN IT ENDS IN ANOTHER T.
BUT THAT T DOESN'T CONNECT BACK TO DEER PARK.
WHAT IS? CAN YOU SPEAK TO THAT? LET ME SHARE MY SCREEN AND THEN I CAN.
[INAUDIBLE] I MIGHT ADD TO CLARIFY.
SO WHAT WAS SHOWN IN THE PLANNING PRESENTATION WAS WHAT NAVEEN'S SHOWN US THE FIRST TIME.
AND AS WE DISCUSSED THE PROJECT IN DRC, WE THOUGHT IT WAS BENEFICIAL TO HAVE THE STREET THAT RUNS EAST WEST ON DEER PARK TO EXTEND TO THE PROPERTY LINE SO IT COULD BE EXTENDED INTO A FUTURE DEVELOPMENT IN THE FUTURE TO THE WEST.
OK, SO THAT'S PROBABLY WHY NAVEEN'S GOT ANOTHER NEWER LAYOUT LIKE WHAT APPEARS ON SCREEN
[00:45:01]
NOW? CORRECT.SO ONE OF THE REQUIREMENTS WAS THAT WE CONNECT THE STREET TO THAT ADJACENT DEVELOPMENT AS WELL. SO WE THOUGHT THIS WOULD BE MORE EFFICIENT SO THAT THE PEOPLE, WHEN THEY DEVELOP, THEY CAN USE THE STREET FOR CONNECTING TO THE DEER PARK AND THE ONE THAT'S GOING SOUTH FOR THE FIRE TRUCKS TO TURN.
OH, OK. SO THIS IS THE ONE THAT DEROY REVIEWED, OR IS IT THE OTHER ONE THAT DEROY REVIEWED? DEROY REVIEWED THE OTHER ONE.
AND SEE, THAT'S THE PROBLEM WE HAVE WHEN WE MEET WITH APPLICANTS AND THEN THEY CHANGE THINGS UP. WE DON'T ALWAYS GET IT RIGHT.
SO DEROY HAS NOT SEEN THIS ONE.
SURE. AND JUST FOR THE PEOPLE IN THE COMPREHENSIVE PLAN WON'T GOVERN LAYOUT, AND EVEN ZONING WON'T GOVERN LAYOUT.
SO. THAT IS CORRECT, WILL? RIGHT. SO IT WOULD EVEN HAVE TO GO TO A PLAT THAT IT WOULD HAVE TO BE APPROVED TO APPROVE ALL OF THAT STUFF LATER.
I HAVE ANOTHER QUESTION, PLEASE.
WOULD THERE BE ANY KIND OF BARRIERS AROUND THE PROPERTY BETWEEN IT AND THE EXISTING NEIGHBORS? THE ONLY BARRIER WILL BE ON THE NORTH SIDE WHERE THEY'RE PLANNING FOR A WOODEN FENCING, AND ON THE SOUTH SIDE THERE IS AN [INAUDIBLE] EASEMENT SO THAT NATURAL VEGETATION WILL BE THE BARRIER.
OK. I'M SORRY, WHAT SIDE DID YOU SAY ON THE NORTH SIDE? ON THE NORTH SIDE A WOODEN FENCE. YES.
OK. ANY OTHER COMMENTS OR CONCERNS? GO AHEAD. I'M ON ITEM TWO ON THE COMPREHENSIVE PLAN, AND I DON'T KNOW IF I LIKE THE IDEA OF CHANGING THAT TO A COMPACT NEIGHBORHOOD WHEN WE HAVE ALL THESE BIGGER PROPERTIES THERE AND DOWN THE ROAD, NOT VERY FAR WE'VE GOT A LARGE DEVELOPMENT THAT'S BEEN PROPOSED TOWNHOUSES AND COMPACT NEIGHBORHOOD.
I DON'T LIKE THE IDEA OF JUST STICKING IN THREE LITTLE ACRES AND MAKING IT A COMPACT NEIGHBORHOOD IN THE MIDDLE OF THE LARGER LOTS, THAT'S JUST MY OPINION.
CAN I MY PROBLEM WITH THAT COMMENT, TERRY, IS THAT IT'S NOT REALLY JUST THE THREE ACRES BY ITSELF BECAUSE IT DOES ADJOIN MUCH LARGER TRACT THAT'S ALREADY DESIGNATED COMPACT NEIGHBORHOOD. CORRECT. IF THIS WAS THREE ACRES BY ITSELF, I WOULD AGREE WITH YOU.
BUT BECAUSE IT FITS RIGHT UP AGAINST THE MUCH LARGER TRACT THAT'S ALREADY COMPACT NEIGHBORHOOD, I REALLY WITH REGARD TO THIS ITEM, I REALLY DON'T SEE A REASONABLE BASIS FOR DENYING THE REQUEST, ESPECIALLY IN LIGHT OF THE FACT THAT STAFF HAS RECOMMENDED APPROVAL. AND I THINK MY THOUGHT ON THAT IS THAT THAT'S ALL BEHIND THAT PROPERTY AND THIS PROPERTY IS UP FRONT WHERE THE OTHER LARGER PROPERTIES ARE.
ANY OTHER COMMENTS, CONCERNS? IF THERE'S NO FURTHER DISCUSSION, A MOTION AND A SECOND ARE NEEDED.
I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN COMPREHENSIVE PLAN TO COMPACT NEIGHBORHOOD FOR THIS ITEM.
AND I'LL SECOND IT. I'VE GOT A MOTION TO APPROVE BY WILL.
AYE. I'M SORRY, THEN LET'S DO THIS ONE MORE TIME.
THOSE IN FAVOR RAISE YOUR HAND.
WE NEVER HAD THIS. BOY, OH BOY.
OK. I MAKE A MOTION TO APPROVE.
OK, AND TELL ME WHO WAS OPPOSED? EILEEN. NO. I'M SORRY TERRY.
GOING INTO ITEM THREE AGAIN, A PUBLIC HEARING ITEM.
[ITEM 3: ZC2022-01 Commission to hold a public hearing, hear comments, and consider taking action to make a recommendation to the City Council regarding an amendment to Appendix “B,” “Zoning,” of the Code of Ordinances of the City of Decatur, Texas, the Comprehensive Zoning Ordinance and the official Zoning Map of the City, to rezone CITY OF DECATUR, TEXAS Development Services 1601 S. State Street Decatur, TX 76234 (940) 393-0250 voice (940) 626-4629 fax]
WE'RE GOING BACK INTO A PUBLIC HEARING.LET ME GET TO WHERE I NEED TO BE.
ITEM 3 IS ZONING CHANGE 2022-01, AGAIN, THIS IS NAVEEN'S REQUEST ON BEHALF OF TURNKEY TRACT TO AMEND THE ZONING MAP FROM AN SF-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO A TOWNHOME RESIDENTIAL ZONING DISTRICT TH ON APPROXIMATELY 3.035 ACRES.
[00:50:03]
SAME PROPERTY AS BEFORE ADDRESS IS 2112 DEER PARK ROAD AND IT WOULD ALSO INCLUDE .191 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF DEER PARK ROAD.THE PROPERTY CURRENTLY HAS A ZONING DESIGNATION OF SF-1.
THE APPLICANT IS PROPOSING TO REZONE IT TO TH TOWNHOME ZONING.
THE PURPOSE IS FOR A TOWNHOUSE DEVELOPMENT.
THE ZONING CHANGE IS CURRENTLY INCONSISTENT WITH THE CURRENT DECATUR 2050 COMPREHENSIVE PLAN LAND USE MAP DESIGNATION, HOWEVER, WITH YOUR RECOMMENDATION AND WITH CITY COUNCIL APPROVAL OF THE COMPREHENSIVE PLAN LAND USE, THE ZONING CHANGE WOULD BE CONSISTENT.
SO IT'S GOING TO DEPEND ON WHAT HAPPENS AT CITY COUNCIL, WHETHER OR NOT THE ZONING CHANGE IS CONSISTENT. NEXT SLIDE, PLEASE.
I ALREADY WENT OVER THE COMPREHENSIVE PLAN OBJECTIVES FOR A COMPACT NEIGHBORHOOD.
HERE'S WHERE IT GETS TO BE A LITTLE BIT DIFFERENT TO THE NORTH, YOU HAVE SF-1 AND SF-2.
TO THE SOUTH IS SF-1 EAST IS SF-1 AND TO THE WEST IS SF-2.
BEFORE ANY DEVELOPMENT CAN OCCUR, THE APPLICANT WILL HAVE TO SUBMIT PLAT AND BUILDING PERMIT APPLICATIONS.
YOU'VE SEEN THE LAND USE MAP THE PROPOSED AND EXISTING NEXT SLIDE, PLEASE.
AGAIN, THESE ARE THE ZONING MAPS.
WHAT'S EXISTING IS, SF-1, WAS PROPOSED AS TOWNHOMES.
NEXT SLIDE. THIS IS THE NEXT SLIDE PLEASE CHERYL.
THIS IS THE LAST SLIDE OF THE FLOOR PLAN THAT WE HAVE, THERE MAY BE AN UPDATE.
NEXT SLIDE. AND WE ALREADY KNOW THIS CONCEPT PLAN HAS BEEN REVISED, SO THIS IS NOT ACCURATE. NEXT SLIDE PLEASE.
IN TERMS OF RESPONSES, SAME 13 PROPERTY OWNERS WERE NOTIFIED.
AGAIN, WE RECEIVED EIGHT NOTIFICATIONS OPPOSED TO THE REQUEST.
THE OPPOSITION HAS REACHED OVER 66 PERCENT PER THE ZONING ORDINANCE AND STATE LAW.
A FAVORABLE VOTE OF THREE FOURTHS OF ALL COUNCIL MEMBERS OR A SUPERMAJORITY OF THE CITY COUNCIL IS REQUIRED.
AND AGAIN, THESE ARE THE NOTICES THAT WE RECEIVED AND THE REASONS FOR THEIR CONCERN.
SAME CONCERNS THAT WERE OUTLINED IN THE COMPREHENSIVE PLAN AMENDMENT.
FROM A TECHNICAL STANDPOINT, STAFF IS RECOMMENDING APPROVAL OF ZONING CHANGE 2022-01.
THANK YOU, DEDRA. YOU'RE WELCOME.
DO WE HAVE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? YES SIR. THE APPLICANT GETS TO SPEAK FIRST.
OK. MR. NAVEEN, WOULD YOU LIKE TO SPEAK ON THIS? YEAH, JUST THIS, I WOULD LIKE TO REITERATE WHAT I HAVE INDICATED IN THE COMPREHENSIVE LAND USE CHANGE APPLICATION.
I JUST WANTED TO BRING IT TO YOUR ATTENTION THAT WHAT WE ARE PROPOSING HERE IS A MISSING MIDDLE CONCEPT. IT'S NOT LIKE A HIGH DENSITY APARTMENT BUILDING OR A SINGLE FAMILY DEVELOPMENT ON A HALF ACRE, OR ONE ACRE.
THAT'S BEEN CALLED AS A MISSING MIDDLE WHERE THE HOUSING PRICES ARE GOING UP.
THIS WILL BE A GREAT OPPORTUNITY FOR EITHER YOUNG PEOPLE RIGHT OUT OF THE COLLEGE OR EMPTY NESTERS TO CHOOSE THE HOMES.
I THINK WE WILL HAVE THE HOMEOWNERS ASSOCIATION TAKING CARE OF THE ENTIRE DEVELOPMENT THAT WOULD MAKE SURE THAT, YOU KNOW, THERE WILL BE NO SECURITY BREACHES OR ANYTHING.
THAT WAS ONE OF THE CONCERNS I HEAR FROM THE ADJACENT NEIGHBORS HERE.
AND REGARDING THE AESTHETICS, I DID SHARE A COUPLE OF RENDERINGS TO INDICATE THAT THIS WOULD BE A QUALITY DEVELOPMENT.
IT'S NOT GOING TO BE A COOKIE-CUTTER TYPE SUBURB.
[00:55:04]
NAVEEN. ANYONE ELSE? YES, SIR. COME UP.AND NOW SPEAKING JUST JUST TO THE ZONING, I THINK DEDRA POINTED OUT ALSO SHE'D GOTTEN ORIGINAL PLANS AND NOW THE CHANGE IS TO THE DESIGN SOME.
AND I UNDERSTAND HOW THAT HAPPENS.
I'VE WORKED IN BUILDING DESIGN FOR 20 YEARS NOW, 25, I GUESS.
AND WITH ALL DUE RESPECT, THESE DO LOOK LIKE COOKIE CUTTERS.
IF YOU PULL THAT RENDERING BACK UP, IF MR. NAVEEN COULD SHOW THAT RENDERING AGAIN, YOU'D SEE THE SAME ROOF PITCH REPLICATED OVER AND OVER AGAIN. THE ONLY THING DIFFERENT ABOUT IT'S A BLUE TRUCK IN FRONT OF ONE OF THEM, AND THE CHANGES BETWEEN THOSE FLOOR PLANS MOST LIKELY ARE NOT LOAD BEARING WALLS.
AND IF YOU LOOK AT THE AERIAL VIEW, IT IS THE DEFINITION OF COOKIE CUTTER.
AND IF YOU GO TO GOOGLE EARTH AND YOU LOOK AT EVERYTHING ELSE AROUND THIS ON DEER PARK, THAT IS NOT WHAT IS CONSISTENT WITH THE PLANNING AND ZONING OF THAT PART OF DEER PARK ROAD. AND I DO APPRECIATE THE ZONING OF SINGLE FAMILY AND SINGLE FAMILY TWO.
ALSO A LITTLE FURTHER TO SOUTH THERE'S ALSO SOME SINGLE FAMILY TWO THOSE HOUSES IN THAT RESIDENTIAL AREA IMMEDIATELY TO THE SOUTH HERE.
WHEN MY WIFE AND I WENT TO CONSIDER PURCHASING AND MOVING TO DECATUR, WE LOOKED AT THOSE AND THEY WERE NOT ALL THE SAME FLOOR PLANS AND THERE WERE NOTABLE DIFFERENCES IN THEM.
IF I WERE TO LOOK AT THE RENDERINGS THAT WE'VE SEEN HERE AND THE TWO VARIATIONS OF THE SITE LAYOUT, WHICH STILL MAY NOT BE FINAL, EVERY ONE OF THEM JUST SCREAMS COOKIE CUTTER.
AND ALL IT TAKES WHEN YOU'VE GOT 29 HIGHLY SIMILAR PROPERTIES IS ONE OF THEM TO GO INTO FORECLOSURE AND IT WILL PULL DOWN THE VALUE OF EVERY ONE OF THEM THAT IS SUBSTANTIALLY IDENTICAL BECAUSE THOSE ARE THE COMPS.
THERE IS NO COMP IMMEDIATELY AROUND THIS HOUSE THAT WILL HAVE THIS CHARACTERISTIC AND IT WILL BRING DOWN VALUES.
IF YOU HAVE 29 OF THEM THAT ARE COOKIE CUTTER AND YOU KNOW, WE'RE USING THAT WORD LOOSELY, THERE MAY BE VARIATIONS.
SOME OF THOSE FLOOR PLANS MAY HAVE NUTS AND WALNUTS IN IT.
SOME MAY HAVE CHOCOLATE CHIPS, BUT THEY'RE COOKIE CUTTER.
AND TO SAY THERE ANYTHING ELSE IS A FARCE.
AS FAR AS WHEN I ALSO LOOK AT THE ZONING OF THIS, EVEN IF I GO TO THE WEST, IT IS STILL NOT TOWNHOMES.
THERE, I THINK IT'S STILL FS-2, I BELIEVE AT THIS, I MEAN, SF-1 TO THE SF-2 IS TO THE WEST.
AND WHEN I LOOK AT THIS IN A SEA OF YELLOW, ONE OF THESE THINGS JUST DOESN'T LOOK THE SAME. AND IT'S A TRAVESTY TO SAY IT IS, AND ALL OF THESE RENDERINGS CAN BE PUT TOGETHER RATHER QUICKLY.
AND I'M CONCERNED WE'RE GOING TO BE SOLD A UNICORN AND BE DELIVERED A TWO BIT HORSE OR A JACKASS AT BEST.
AND I HAVE NOTHING AGAINST THIS, BUT I JUST KNOW UNICORNS DON'T EXIST, AND I'VE HARDLY EVER SEEN A RENDERING THAT TURNED OUT EXACTLY LIKE THE REAL THING.
AND Y'ALL ARE ALREADY SEEING THESE DESIGNS ARE EVOLVING, AND WE DON'T REALLY KNOW WHAT WE'RE GOING TO GET. WE HAVE SOME GENERAL CONCEPTIONS, AND WHEN IT GOES TO PLATTING, WHICH I GUESS WE'LL HAVE OTHER OPPORTUNITIES TO VOICE THAT THAT I LOOK FORWARD TO, HOPEFULLY WE CAN KILL THIS RIGHT HERE THIS EVENING LIKE IT NEEDS TO DIE.
THIS IS NOT AN AREA FOR TOWNHOMES.
I WANT TO SEE A LOT OF THEM IN DECATUR.
THIS IS JUST NOT IT ON DEER PARK ROAD.
ANYONE ELSE? COME ON UP. BRAD RIEGER, 406 EAST WALKER STREET, DECATUR, TEXAS.
I'LL BE QUICK SINCE YOU ALREADY HEARD MOST OF WHAT I NEED TO SAY, BUT HAVING HEARD SOME OF THEIR CONCERNS THE FIRST TIME THROUGH A COMMON ONE WAS BRINGING DOWN HOME VALUES, BRINGING IN CRIME STUFF OF THAT NATURE.
FIRST, I DON'T KNOW WHY WE WERE ASSUMING THAT PEOPLE IN TOWN HOMES ARE DEFINITELY GOING TO COMMIT CRIME, BUT I WILL SAY THAT I FEEL THAT THAT SHOULD SOMEWHAT BE PUT AT EASE BY THE PRICE POINT THAT THE DEVELOPER MENTIONED THAT 175 PER SQUARE FOOT THAT'S NOT TYPICALLY WITHIN THE BUDGET OF YOUR PETTY CRIMINALS.
[01:00:02]
AND AS FAR AS THE AESTHETICS GO, YEAH, THEY I MEAN, I'D BE DISINGENUOUS TO SAY THAT THEY DIDN'T LOOK VERY SIMILAR OR THE SAME TO EACH OTHER.I DON'T KNOW WHAT SMALL CHANGES THERE ARE ON THE INSIDE TO THEM, BUT THAT ISN'T NECESSARILY A REASON WHY IT CAN'T EXIST WHERE IT DOES.
THE OTHER HOMES THERE CAN RETAIN THEIR VALUE AROUND THAT.
LIKE I SAID, I'VE PERSONALLY LIVED THROUGH THAT AND SEEING THAT IT DID NOT HAVE A NEGATIVE EFFECT ON ME. THANK YOU.
AGAIN, NAME AND ADDRESS? YES. IF WE APPROVE THE ZONING.
NO JERRY. STATE YOUR NAME AND ADDRESS.
I LIVE AT 2003, DEER PARK ROAD.
[INAUDIBLE] QUESTION I'M CONFUSED OVER THE ZONING.
AND WHAT DID YOU CALL THE FIRST? COMPREHENSIVE. COMPREHENSIVE PLAN.
IF WE APPROVE THE ZONING NOW, HAVE WE APPROVED THEIR PLAN? DEDRA. ACTUALLY NO THEIR PLAN AND ELEVATIONS REALLY ARE IMMATERIAL AT THIS STAGE.
THEY HAVE NO BEARING ON THE ZONING OR THE COMP PLAN AMENDMENT.
ANYONE ELSE? OK, IF THERE'S NO ONE ELSE, I'M GOING TO GO AHEAD AND CLOSE THIS PUBLIC HEARING, IT WILL BE 6:35.
AND AT THIS TIME, THE DISCUSSION FOR THIS ITEM BY THE COMMISSIONERS IS OPEN.
COMMISSIONERS, ANY QUESTIONS FOR STAFF OR THE APPLICANT? ANY COMMENTS? I'VE ASKED ALL MY QUESTIONS, I'LL JUST MAKE SOME COMMENTS THAT I AM IN FAVOR OF AFFORDABLE HOUSING, AND I THINK EVERYBODY KNOWS ME THAT I'M IN FAVOR OF TOWNHOMES I'VE HAVING BUILT OVER 90 OF THEM MYSELF.
BUT THIS IS ODDLY OUT OF PLACE.
AND SO THAT I THINK THAT'S KIND OF THE WAY I WOULD LEAN ON THIS.
THE MOST CONVINCING ARGUMENT, I THOUGHT, WAS WHEN THE GENTLEMAN HELD THIS UP, YOU KNOW, SO IT'S JUST SEEMS ODDLY OUT OF PLACE TO ME.
THANK YOU. ANY OTHER COMMENTS OR QUESTIONS? GO AHEAD. I'VE LIVED IN A TOWNHOME HERE IN DECATUR.
I ENJOYED IT, I ENJOYED THE COMPANY OF THE PEOPLE THAT I GOT TO MEET AND THE CHILDREN.
BUT ONE OF THE THINGS THAT IS STANDING OUT FOR ME IS THERE IS NO GREEN SPACE THAT I CAN SEE. THERE IS NO PLACE FOR CHILDREN TO PLAY OR BE SUPERVISED TO PLAY.
AND SO I HAVE SOME GREAT CONCERN ABOUT THAT.
IF IT'S FOR ALL AGES, THEN WE'RE GOING TO NEED SOME SPACE.
THANK YOU, EILEEN. I DON'T WANT I'M TRYING TO FIGURE OUT HOW TO BEGIN THESE REMARKS.
I HAVE RESERVATIONS AND I AM SYMPATHETIC TO WHAT THOSE OF YOU WHO ARE OPPOSED TO THIS HAVE SAID. MOST OF YOU ARE NEW AND DON'T KNOW WHO I AM OR WHAT MY HISTORY IS, BUT I'VE BEEN INVOLVED WITH THE CITY, WITH ZONING AND WITH LEGAL ASPECTS FOR HALF MY LIFE, MY FATHER WROTE THE ORIGINAL ZONING ORDINANCE TO THE CITY OF DECATUR.
I SAT THROUGH LOTS AND LOTS OF MEETINGS LIKE THIS AND I FEEL COMPELLED TO OBSERVE THAT NEIGHBORS NEVER WANT CHANGE, THEY NEVER WANT SOMETHING DIFFERENT TO GO IN NEXT DOOR OR ACROSS THE STREET.
THEY ALWAYS COMPLAIN AND SOMETIMES THEY'RE RIGHT AND SOMETIMES THEY'RE WRONG.
I RESIDE THE LADY FROM ON THE TELEPHONE WHO SAID THERE'S NO OTHER TOWNHOMES IN DECATUR THAT ARE SURROUNDED BY SINGLE FAMILY HOMES IS JUST MISTAKEN.
THE UNIT THAT'S OFF OF NORTH TRINITY STREET, THE TOWNHOME DEVELOPMENT THAT'S THERE IS ESSENTIALLY SURROUNDED BY SINGLE FAMILY DEVELOPMENT, INCLUDING THE SUBDIVISION THAT I RESIDE IN. I PERSONALLY WAS NOT TERRIBLY HAPPY WHEN THAT PROPOSAL WAS MADE.
I DID NOT RAISE ANY OBJECTION TO IT AT THE TIME.
I REALLY DIDN'T THINK IT MADE SENSE AND IT WOULD SELL GIVEN THE SIZE OF THOSE AND THE PRICE POINTS AND EVERYTHING INVOLVED.
I THOUGHT IT WAS A DUMB INVESTMENT AND I HAD RESERVATIONS ABOUT WHAT IT WOULD LOOK LIKE AND HOW IT WOULD DEVELOP, AND I WAS COMPLETELY WRONG.
THAT'S A VERY NICE DEVELOPMENT.
IT HAS ADDED TO THE CITY IT HAS NOT CAUSED ANY PROBLEMS. THE FACT THAT IT ADJOINS THE SUBDIVISION WHERE I LIVE HAS NO IMPACT WHATSOEVER ON
[01:05:01]
DEVELOPABILITY OR PRICES.MOST OF THE HOMES IN MY SUBDIVISION, MY SUBDIVISION TOOK A WHILE TO FILL OUT AND MANY OF THOSE HOUSES WERE BUILT AFTER THE TOWNHOMES WERE COMPLETE, SO NOBODY WAS CONCERNED ABOUT THAT. SO I'M NOT SURE WHAT THE FINAL OUTCOME OF THIS WILL ALL BE.
IT'S GOING TO TAKE CITY COUNCIL ACTION AND IT'S GOING TO TAKE A SUPERMAJORITY IN LIGHT OF ALL OF THE OBJECTIONS, AND THOSE ARE ALWAYS DIFFICULT TO GET.
BUT I WANT ALL OF YOU WHO ARE OPPOSED TO THIS TO UNDERSTAND THAT IF YOU WIND UP LOSING AND IT WINDS UP GOING IN YOU MAY BE MORE WORRIED ABOUT PROBLEMS THAT REALLY WON'T COME TO PASS. IT MAY TURN OUT JUST FINE.
HAVING SAID THAT, I DON'T REALLY LIKE THIS LOCATION FOR THEM.
I DON'T LIKE IT FOR THE SAME REASONS THAT WILL JUST STATED.
AND SO I'VE GOT THOSE CONCERNS.
ANYONE ELSE WITH ANY COMMENTS OR CONCERNS? CECIL.
GO AHEAD, DEDRA. CECIL, THIS IS EARL.
IF I MAY THERE ARE A COUPLE OF QUESTIONS ASKED DURING THE PUBLIC HEARING THAT I CAN PROVIDE SOME ANSWERS TO IF YOU WOULD LIKE OK? OK. SO, ONE OF THE ISSUES THAT WERE BROUGHT UP WAS WHETHER OR NOT THERE SHOULD BE A TRAFFIC STUDY CONDUCTED FOR THIS DEVELOPMENT, WHETHER IT'S 26 OR 29 MONTHS, WHATEVER, IT'S SMALL ENOUGH THAT IT DOES NOT WARRANT A TRAFFIC STUDY FOR THIS SUBDIVISION.
OK. THE OTHER THING IS THAT DEER PARK IN THIS SECTION, OF THE STREET THERE IS ON THE DECATUR LONG RANGE MASTERPLAN THOROUGHFARE PLAN AS A MAJOR ARTERIAL, WHICH WILL REQUIRE 80 FEET RIGHT OF WAY.
AND THE SECTION THE STREET SECTION FOR THAT MAJOR ARTERIAL WOULD BE A FOUR LANE DIVIDED [INAUDIBLE] MEANING THAT HAS A GRASSY MEDIAN OR A FOUR LANE, WITH THE CENTER TURN LANE WHERE A CENTER TURN LANE'S APPROPRIATE.
AND THIS DEVELOPMENT WOULD BE A DEDICATED ADDITIONAL RIGHT OF WAY REQUIRED FOR THAT.
AND THE DEVELOPER POINTED OUT THERE ARE SOME KEY CAPITAL INFRASTRUCTURE NEEDS THAT THIS PROJECT WILL BUILD IT WILL NOT COST THE CITY ANYTHING MAYBE A REIMBURSEMENT AGREEMENT WITH THE IMPACT FEES TO RECOVER THE IMPACT FEE [INAUDIBLE] WELL, PORTION OF THIS WATER LINE CONSTRUCTION.
THERE IS NOT INCLUDED IN THE CITY'S CAPITAL IMPROVEMENT PLAN AT THIS POINT IN TIME TO IMPROVE DEER PARK ROAD TO A MAJOR ARTERIAL, IT'S ON THE MASTERPLAN BUT IS NOT INCLUDED IN ANY CAPITAL PROJECTS LIST YET.
OK, SO I JUST WANTED TO PUT MY RESPONSE TO SOME OF THOSE QUESTIONS THAT I REMEMBERED.
THANK YOU, EARL. OK, IF THERE'S NO MORE QUESTIONS OR COMMENTS, I'LL ENTERTAIN A MOTION.
THIS MOTION WILL BE FOR ITEM THREE ZC 2022-01.
OKAY. I'VE GOT A MOTION FOR DENIAL FROM JOHN, I'VE GOT A SECOND FROM CURTIS.
THOSE IN FAVOR, PLEASE RAISE YOUR HAND.
IN FAVOR OF THE DENIAL THAT IS CORRECT, THANK YOU.
OKAY, I'M SHOWING FIVE HANDS UP.
YEAH, SO THERE WAS ONE OPPOSED? I'M ON THE FENCE SO I'M GOING TO ABSTAIN ON THAT.
MOVING TO ITEM FOUR, WE'RE GOING BACK INTO PUBLIC HEARING IT IS NOW 6:43.
[ITEM 4: ZC2022-02 Commission to hold a public hearing, hear comments, and consider taking action to make a recommendation to the City Council regarding an amendment to Appendix “B,” “Zoning,” of the Code of Ordinances of the City of Decatur, Texas, the Comprehensive Zoning Ordinance and the official Zoning Map of the City, to rezone an approximate 0.231 acres of land located at 1303 S. Trinity Street, Decatur, Texas, and an approximate 0.071 acres of land generally located to the centerline of Trinity Street and 0.06 acres of land generally located to the centerline of Prince Street and adjacent to 1303 S. Trinity Street, Decatur, Texas, from a SF-1, Single-Family Residential Zoning District, to a 2F, Two-Family Residential Zoning District. The property is more commonly referred to as 1303 S. Trinity Street, Decatur, Texas. (Application ZC2022-02—Mr. Keith Bryan)]
DEDRA.ALL RIGHT. ITEM 4 IS MR. KEITH BRYAN'S REQUEST TO AMEND THE ZONING MAP FROM AN SF-2 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO A TWO FAMILY 2F [INAUDIBLE] TWO FAMILY RESIDENTIAL ZONING DISTRICT.
THIS IS AN APPROXIMATELY .231 ACRES OF LAND LOCATED AT 1303 SOUTH TRINITY STREET AND AN
[01:10:06]
APPROXIMATE .071 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF TRINITY STREET AND .06 ACRES OF LAND GENERALLY LOCATED TO THE CENTER LINE OF PRINCE STREET IS ALSO INCLUDED AND ADJACENT TO 1303 SOUTH TRINITY STREET.AGAIN, THE PROPERTY IS MORE COMMONLY REFERRED TO AS 1303 SOUTH TRINITY STREET.
NEXT SLIDE, PLEASE. AS I MENTIONED, PROPERTY CURRENTLY HAS A ZONING DESIGNATION OF SF-2.
THE APPLICANT IS PROPOSING TO REZONE TO TWO FAMILY RESIDENTIAL ZONING DISTRICT.
HE'S WANTING TO PUT A DUPLEX HOME ON ONE OF THE LOTS.
THERE'S ALSO A LOT SPLIT THAT'S BEING PROPOSED.
THAT'LL BE YOUR NEXT AGENDA ITEM.
THE ZONING CHANGE TO TWO FAMILY RESIDENTIAL IS CONSISTENT WITH DECATUR 2050 COMPREHENSIVE PLAN LAND USE MAP DESIGNATION FOR THE PROPERTY, WHICH IS TRADITIONAL NEIGHBORHOODS OR TN.
IN TERMS OF COMPREHENSIVE PLAN OBJECTIVES FOR THE TRADITIONAL NEIGHBORHOOD, PREDOMINANTLY SINGLE FAMILY HOUSING ON DETACHED LOTS HOMES ARE GENERALLY LOCATED IN PLATTED SUBDIVISIONS CONTAINING UTILITIES, RESIDENTIAL, STREETS AND NEIGHBORHOODS AND MAY CONTAIN A SMALL NUMBER OF CONVENIENCE COMMERCIAL BUSINESSES TO SUPPORT THE NEIGHBORHOOD.
THE PRIMARY LAND USE IS SINGLE FAMILY DETACHED HOMES, HOWEVER, DUPLEXES ARE NOT UNCHARACTERISTIC. THE SECONDARY LAND USE IS CIVIC AND INSTITUTIONAL USES WITH PARKS, OPEN SPACE, SMALL AMOUNTS OF NEIGHBORHOOD SERVING, RETAIL AND COMMERCIAL AND SPECIFIC LOCATIONS WHERE THESE NEIGHBORHOODS ARE JOINED WITH AREAS OF INCREASED ACTIVITY AND DENSITY. NEXT SLIDE, PLEASE.
SURROUNDING ZONING IS SF-2 TO THE NORTH, SOUTH, EAST AND WEST.
AND BEFORE ANY DEVELOPMENT CAN OCCUR, THE APPLICANT WILL HAVE TO SUBMIT PLAT AND BUILDING PERMIT APPLICATIONS.
THIS IS THE EXISTING LAND USE MAP.
AND AGAIN, IT'S TRADITIONAL NEIGHBORHOOD.
THIS IS THE ZONING MAP EXISTING AND PROPOSED, THERE IS A TWO FAMILY ZONING JUST ON THE OTHER SIDE OF SOUTH TRINITY STREET.
AND TO THE EAST OF SOUTH STATE STREET.
WE DID NOTIFY 13 PROPERTY OWNERS.
WE RECEIVED ONE NOTIFICATION OPPOSED TO THE ZONING CHANGE REQUESTS.
BASED ON THE TECHNICAL ASPECTS OF THE REQUEST, STAFF IS RECOMMENDING APPROVAL OF ZC2022-02.
WE HAVE MR. KEITH BRYAN ONLINE.
OK. DO WE HAVE ANYBODY IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? OK, HEARING NONE I'M GOING TO MOVE THE PUBLIC HEARING CLOSED AT 6:46.
I'LL OPEN IT UP FOR THE COMMISSIONERS ANY QUESTIONS OR COMMENTS FOR STAFF? HEARING NONE, I'LL ENTERTAIN A MOTION.
I'LL MOVE TO RECOMMEND APPROVAL.
OK, WE'VE GOT WILL TO RECOMMEND APPROVAL, THIS IS ON ITEM FOUR.
SECOND. OK. I'VE GOT TERRY BERUBE TO SECOND.
THOSE IN FAVOR RAISE YOUR HAND.
THEY WERE GOING. AMY, IF WE NEED TO TAKE A BREAK, WHAT DO WE DO? JUST SAY WE'RE GOING TO PAUSE FOR A MINUTE, OK? WE'RE GOING TO PAUSE FOR A MOMENT.
YEAH. OKAY, EVERYBODY BACK THAT NEEDS TO BE BACK. OK, WE'RE GOING TO RESUME THE MEETING.
IT IS NOW 6, WHAT DO I GOT OVER THERE, 52?
[01:15:03]
WHERE DID WE LEAVE OFF GOING INTO ITEM NUMBER FIVE?[ITEM 5: RP2022-01 Commission to hear comments and take action to make a recommendation to the City Council regarding a request to final plat Lots 2R-1 and 2R-2, Block 78, South Decatur Addition, being approximately a 0.363 acre tract of land in the City of Decatur, Wise County, Texas and being a replat of Lot 2, and part of the alley, Block 78, South Decatur Addition and more commonly referred to as 1303 S. Trinity St., Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2022-01—Mr. Keith Bryan) Or Consider and take action regarding the Applicant’s written request for an extension of the 30-day period for P&Z consideration of a request to final plat Lots 2R-1 and 2R-2, Block 78, South Decatur Addition, being approximately a 0.363 acre tract of land in the City of Decatur, Wise County, Texas and being a replat of Lot 2, and part of the alley, Block 78, South Decatur Addition and more commonly referred to as 1303 S. Trinity St., Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2022-01—Mr. Keith Bryan)]
OK, WE'RE GOING TO BE GOING BACK INTO A PUBLIC HEARING, IT IS NOW 6:53 DEDRA.ALL RIGHT, AGENDA ITEM 5 IS RRP 2021-01 THIS IS MR. KEITH BRYAN'S REQUEST THE FINAL PLAT LOTS 2R-1 AND 2R-2 BLOCK 78 OF THE SOUTH DECATUR ADDITION. THIS IS THE SAME PROPERTY, BUT IT INCLUDES ANOTHER TRACT AS THE LAST AGENDA ITEM. IT'S APPROXIMATELY .363 ACRES OF LAND.
IT'S A REPLAT OF LOT TWO AND AN ALLEY IN BLOCK 78 OF THE SOUTH DECATUR ADDITION.
THE APPLICANT IS SEEKING TO DIVIDE THE PROPERTY AND BUILD BOTH A DUPLEX AND A SINGLE FAMILY HOME. THE ADDRESS IS 1303 SOUTH TRINITY STREET.
OBVIOUSLY, THERE WILL BE A ADDRESSING REASSIGNMENT FOR THE SECOND LOT.
NEXT SLIDE. AND WE DID NOTIFY 22 PROPERTY OWNERS.
WE ONLY RECEIVED ONE NOTIFICATION BACK AND THAT PERSON WAS NEUTRAL TO THE REQUEST.
NEXT SLIDE. THIS IS A COPY OF THE PLAT EXHIBIT.
AND IT DOES REFERENCE THAT THAT ALLEY, THE APPLICANT AND THE ADJACENT PROPERTY OWNER, COMPLETED AN AFFIDAVIT, BASICALLY THE ADJACENT PROPERTY OWNER IS SAYING THAT THEY DID NOT WANT ANY PORTION OF THE ALLEY.
THEY ARE WILLING TO GIVE IT OVER TO MR. BRYAN. NEXT SLIDE, PLEASE.
THEREFORE, THE PLAT DOES MEET OUR MINIMUM REQUIREMENTS OF OUR ZONING REGULATIONS AND SUBDIVISION REGULATIONS, AND STAFF IS RECOMMENDING APPROVAL OF RP2022-01.
THANK YOU, DEDRA. YOU'RE WELCOME.
DID WE HAVE MR. KEITH BRYAN ON THE PHONE BY CHANCE? NOPE, HE'S NOT THERE. DOES ANYONE WISH TO SPEAK ON THIS AGENDA ITEM? HEARING NONE, WE'RE GOING TO CLOSE OUR PUBLIC HEARING, IT IS NOW 6:55.
AND WE'RE GOING TO OPEN IT UP FOR COMMISSIONERS, ANY COMMENTS OR CONCERNS QUESTIONS? I'M AFRAID I CAN'T HEAR WHOEVER IS SPEAKING.
MY FAULT, SORRY, I TURNED MY MIC OFF A WHILE AGO.
THIS IS MASON. IF ALL THEY HAVE IS SOME SORT OF AN AFFIDAVIT FROM AN ADJOINING OWNER THAT THEY GO TO ASSERT A CLAIM TO THE ALLEY, THAT'S NOT SUFFICIENT.
THE ALLEY HAS TO BE FORMALLY CLOSED BY ORDINANCE.
AND THEN THAT ADJOINING OWNER HAS TO DEED THEIR INTEREST IN THAT HALF OF THE ALLEY OVER TO THIS PERSON SO THAT IT CAN BE INCLUDED IN THIS PROPERTY THAT IS A TECHNICAL, LEGAL TITLE MATTER.
THAT THAT'S BEEN DONE. WELL, AND MASON, I WILL TELL YOU, I DID POSE THE QUESTION TO OUR CITY ATTORNEY AND THE RESPONSE I GOT WAS THAT AN AFFIDAVIT WOULD SUFFICE.
NOW, I DON'T KNOW IF EMILY COULDN'T SPEAK TO THAT OR NOT, BUT THAT'S THE INFORMATION THAT PATRICIA GAVE US, AND OUR THIRD PARTY CONSULTANT DID HAVE AN ISSUE WITH THAT AS WELL WITH THE AFFIDAVIT. SO LIKE DEDRA SAID, THAT WAS PATRICIA'S STANCE, AND SO I HAVEN'T LOOKED INTO IT SEPARATELY FROM PATRICIA, SO I JUST NEED TO GO BACK WITH HER AND DISCUSS THE OPPOSITION TO THAT STANCE.
SO. OK, WELL, LET ME JUST SAY I'M NOT A LAWYER ANYMORE BECAUSE I LET MY LICENSE GO BACK.
BUT AS SOMEONE WHO PRACTICED REAL ESTATE LAW FOR 36 YEARS.
THEY'VE GOT TO ACTUALLY OBTAIN TITLE.
THE DEDICATION OF THE ALLEY IN THAT LOCATION PRESUMPTIVELY CREATES OWNERSHIP ALONG THE CENTER LINE. AND IN ORDER FOR THE ALLEY TO BE INCLUDED IN, WELL, THE ALLEY CAN BE VACATED BY PLAT. SO THE TRUTH IS THEY DON'T.
YOU DON'T NECESSARILY NEED AN ORDINANCE.
THE PUBLIC RIGHT OF WAY OF THE ALLEY CAN BE CLOSED IN ONE OR TWO WAYS, EITHER THROUGH AN ORDINANCE OR BY A PLAT THAT SHOWS THAT IT'S BEEN VACATED, BUT YOU STILL HAVE THE ISSUE OF OWNERSHIP OF THE OTHER HALF OF THE ALLEY.
AND IF IT'S THIS PERSON'S INTENTION TO ASSERT OWNERSHIP TO THE ENTIRE ALLEY AND THE OTHER PERSON DOESN'T CARE, THEY CAN CERTAINLY BE DONE.
BUT IT REQUIRES A DEED NOT SPEAKING AS AN ATTORNEY ANYMORE.
JUST AS SOMEONE WHO REMEMBERS THIS, IT REQUIRES A DEED FROM THAT PERSON TO THIS OWNER TO
[01:20:03]
THE CURRENT OWNER. IN ORDER TO GIVE HIM VALID TITLE TO THAT HALF OF THE ALLEY, THEN HE CAN REPLAT IT AND THE EXISTENCE OF THE ALLEY CAN BE VACATED BY THE APPROVAL OF THE PLAT, AND THAT'S NOT A PROBLEM.NOW, HAVING SAID ALL THAT, DO YOU NOT HAVE ANY PROBLEMS WITH CREATING TWO RESIDENTIAL STRUCTURES ON A PIECE OF PROPERTY THAT SMALL THAT STRUCK ME AS BEING A LITTLE OVER? I DON'T HAVE A PROBLEM WITH THERE BEING A DUPLEX THERE, CORRECT? WELL, IT MEETS THE MINIMUM REQUIREMENTS.
YOU KNOW, OUR MINIMUM LOT SIZES ARE 5000 SQUARE FEET.
MAYBE IT'S BIGGER THAN IT LOOKS ON PAPER HERE.
I DON'T KNOW. BUT DIDN'T I HEAR YOU DEDRA SAY THAT ONE OF THESE LOTS WOULD BE SINGLE FAMILY AND THE OTHER ONE IS THE DUPLEX.
THAT'S CORRECT. THE BIGGER ONE WOULD BE THE DUPLEX AND THE SMALLER ONE SPEAKERS]. IS THE ZONING THAT WE JUST APPROVED.
IS IT JUST FOR THE DUPLEX LOT OR WAS IT FOR THE NO, NO, NO. IT WAS JUST FOR THE DUPLEX LOT.
OH, IT'S NOT FOR THE OTHER LOT NO BECAUSE THE OTHER LOT IS EVEN THOUGH THE WHOLE THING WAS ZONED 2-F, THEY COULD STILL BUILD A SINGLE FAMILY HOME ON IT. THAT IS TRUE.
BUT HE JUST DECIDED HE ONLY NEEDED TO REZONE THE PORTION OF THE SINGLE FAMILY FOR THE DUPLEX. THAT'S WHAT I WAS THINKING.
YOU KNOW, WE HAVE THE ISSUE WITH THE SHOT CLOCK FOR PLATS.
HOWEVER, MR. BRYAN DID COMPLETE A REQUEST FOR AN EXTENSION.
SO IF NEED BE, I THINK YOU GUYS COULD GRANT AN EXTENSION, A 30 DAY EXTENSION FOR THIS PARTICULAR LOT OR THIS PARTICULAR APPLICATION.
IS THAT NOT CORRECT, EMILY? YES. YEAH.
BECAUSE YOU'RE GOING TO HAVE IF YOU DON'T GRANT THE EXTENSION, MASON, YOU WOULD HAVE TO TAKE ACTION EITHER TO APPROVE, APPROVE WITH CONDITIONS OR DENY.
THOSE ARE THE ONLY THREE OPTIONS NOW.
I WAS WONDERING IF WE COULD RECOMMEND APPROVAL BASED ON Y'ALL FIGURING OUT HOW TO HANDLE THE ALLEY. WELL, THE ONLY PROBLEM WITH THAT IS IF IT TURNS OUT HE HASN'T GOTTEN A DEED FROM THE PERSON THERE IT'S HARD TO SAY WHAT KIND OF TIME DELAY MIGHT BE INVOLVED IN HIM ACTUALLY BEING ABLE TO OBTAIN THAT.
I CAN SEE THAT. I THINK CONVERSATION WITH A LAWYER OR SOMETHING.
SO. SO BEFORE. YOU KNOW, ONCE YOU APPROVE SOMETHING, IT'S APPROVED.
IT DOESN'T MATTER WHAT CONDITIONS YOU PUT ON IT, YOU'VE APPROVED IT.
SO YOU WOULD HAVE YOU'D BE HARD PRESSED TO GO BACK AND TRY TO FIX IT.
I DID SEND YOU A TEXT MESSAGE THERE.
THEY DID SUBMIT A DEED THE FIRST PART, AND THEN THEY SAID THEY NEEDED TO CHANGE IT TO AN AFFIDAVIT. HE DOES HAVE BOTH A DEED AND AN AFFIDAVIT FROM THE OTHER PROPERTY OWNER FOR THAT PORTION OF THE ALLEY.
OH, OK. THAT'S RIGHT, THAT'S RIGHT.
SO WE'RE GOOD YOU HAVE A DEED.
WELL, IT'S WELL, I MEAN, I'M NOT LOOKING AT IT, I DON'T KNOW IF IT WAS SPEAKERS]. I DON'T KNOW IF IT'S BEEN RECORDED.
THERE'S A TITLE QUESTION INVOLVED THAT THE CITY DOESN'T DIG INTO NECESSARILY, BUT.
WELL, AND HERE WAS THE ISSUE WITH THE DEED.
THE FACT THAT THE ALLEY HAD NOT BEEN CLOSED, IT WAS DIFFICULT FOR US TO SAY, WELL, HOW CAN YOU DEED SOMETHING THAT DIDN'T BELONG TO YOU? IT DOES BELONG TO THEM. THAT'S THE PROBLEM I HAD WITH COUNCIL MEMBERS YEARS. [LAUGHTER], I KNOW, I KNOW.
BUT THE PROBLEM IS, IF HE DOESN'T GET A DEED TO IT, HE DOESN'T HAVE THE AUTHORITY TO REPLAT. I MEAN, THE AFFIDAVIT MAY BE ENOUGH IF THE OTHER OWNERS ARE SIGNING OFF ON THE PLAT, BUT HE DOESN'T OWN THAT 10 FEET.
IF IT'S A 20-FOOT ALLEY, HE OWNS 10 FEET WHEN THAT'S VACATED BY THE PLAT, BUT HE DOESN'T OWN THE OTHER 10 FEET.
THE OTHER TEN FEET BELONGS TO THAT OTHER PERSON UNTIL THEY CONVEY IT TO HIM.
SO. IS THERE A WAY TO WORD THIS TO WHERE WE COULD APPROVE IT WITH CONDITIONS? I MEAN, IS HE OK WITH THE DELAY? SINCE HE SUBMITTED THAT.
HE'D BE THE ONE TAKING THE RISK. WELL, I KNOW I WOULD SAY YES, BECAUSE WE INITIALLY TOLD THEM THAT THEY WOULD PROBABLY HAVE TO GET AN EXTENSION FOR THIS BECAUSE OF THAT ISSUE.
SO WE OK, THEN I WOULD SUPPORT THE OR.
THIS IS AN EITHER OR SORT OF [INAUDIBLE], RIGHT? SO WHAT WE'RE TALKING ABOUT NOW IS AN EXTENSION. MAKING A MOTION TO EXTEND THIS FOR 30 DAYS, THE OR PART.
AM I CORRECT? THAT IS CORRECT.
OK. SO COMMISSIONERS, ANY MORE QUESTIONS OR COMMENTS? OK, HEARING NONE I'LL ENTERTAIN A MOTION.
[01:25:01]
I WOULD MAKE A MOTION THAT WE GRANT THE 30 DAY EXTENSION ON THIS MATTER FOR THE CLARIFICATION OF THE ALLEYWAY ISSUE.OK, MASON HAS MADE A MOTION TO ACCEPT OR TO APPROVE THE 30 DAY EXTENSION.
THIS IS GOING TO BE ON ITEM FIVE RP 2022-01.
LET THAT GO TO TERRY. OK TERRY BERUBE HAS SECONDED ALL THOSE IN FAVOR RAISE YOUR HAND.
OK, WE'RE GOING BACK INTO PUBLIC MEETING AGAIN, IT IS NOW 7:03.
[ITEM 6: RP2022-02 Commission to hear comments and take action to make a recommendation to the City Council regarding a request to final plat Lots 1-21, Block 1, Downwind Estates, being approximately a 4.063 acre tract of land in the City of Decatur, Wise County, Texas and being a replat of Lot 1-R, Block 11-R, North Decatur Addition, Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2022-02—Mr. David Fuller, on behalf of FX5 Real Estate Investments, LLC) Or Consider and take action regarding the Applicant’s written request for an extension of the 30-day period for P&Z consideration of a request to final plat Lots 1-21, Block 1, Downwind Estates, being approximately a 4.063 acre tract of land in the City of Decatur, Wise County, Texas and being a replat of Lot 1-R, Block 11-R, North Decatur Addition, Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2022-02—Mr. David Fuller, on behalf of FX5 Real Estate Investments, LLC)]
ALL RIGHT, THIS IS MR. DAVID FULLER'S REQUEST ON BEHALF OF FX5 REAL ESTATE INVESTMENTS LLC TO FINAL PLAT LOTS 1 THROUGH 21 BLOCK ONE DOWNWIND ESTATES.IT'S AN APPROXIMATE 4.063 ACRE TRACT OF LAND IN THE CITY OF DECATUR, AND IT'S A REPLAT OF LOT 1-R BLOCK 11-R NORTH DECATUR ADDITION? NEXT SLIDE, PLEASE.
WHAT WE HAVE BEFORE YOU AND WHICH WE'VE DONE IN THE PAST TO PROVIDE YOU WITH THE DRC COMMENTS AND THIS IS GOING TO BE THE BASIS FOR OUR RECOMMENDATION.
AS YOU CAN SEE, THEY NEEDED TO RESUBMIT.
NEXT SLIDE CHERYL. AND GO BACK.
THESE ARE ALL THE COMMENTS FROM STAFF, INCLUDING MYSELF AND EARL.
NEXT SLIDE. AND THESE ARE OUR RED LINES OF THE PLAT EXHIBIT NEXT SLIDE. IN THE NEXT FEW SLIDES ARE EARL'S RED LINES.
NEXT SLIDE. THE PLAT DOES NOT MEET THE MINIMUM REQUIREMENTS FOR THE CITY OF DECATUR ZONING ORDINANCE, DIVISION REGULATIONS OR DESIGN STANDARDS.
AS OF FEBRUARY 25TH, A 30 DAY EXTENSION HAS BEEN SUBMITTED SO THAT THEY CAN ADDRESS OUR COMMENTS AND MAYBE GO BACK AND REWORK THE LAYOUT.
THEY DID SAY THAT THEY WOULD TRY TO.
THAT THEY WOULD GET THE INFORMATION TO US FOR RECONSIDERATION FOR APRIL 5TH.
THAT'S THE NEXT P&Z MEETING BASED ON THE FACT THAT THEY HAVE NOT MET THE MINIMUM REQUIREMENTS AND SO THAT YOU GUYS DO NOT HAVE TO RECOMMEND DENIAL, STAFF IS RECOMMENDING APPROVAL OF A 30 DAY EXTENSION FOR RP2022-02.
THANK YOU, DEDRA. YOU'RE WELCOME.
DAVID FULLER, IS HE ONLINE? DO WE HAVE ANYBODY IN THE AUDIENCE WHO WISHES TO SPEAK ON THIS AGENDA ITEM? THANK YOU. WE'RE COMING OUT OF A PUBLIC HEARING, IT IS NOW 7:06.
COMMISSIONERS ANY QUESTIONS FOR STAFF? I BELIEVE STAFF HAS APPROVED OR THEY ARE RECOMMENDING THE 30 DAY PERIOD, SO I WILL ENTERTAIN A MOTION FOR THAT PART.
I'D LIKE TO MAKE A MOTION, WE HONOR THE 30 DAY EXTENSION.
OK, I'VE GOT JOHN WITH A APPROVAL TO CONSIDER THE 30 DAY EXTENSION.
OK. I GOT EILEEN WITH A SECOND.
THOSE IN FAVOR RAISE YOUR ARM, HAND FINGERS, LEGS, OK.
PUBLIC HEARING IS OVER . YEAH, NOW WE'RE GOING TO MOVE INTO A NONPUBLIC HEARING ITEM.
[ITEM 7: CONSENT AGENDA ]
ITEM NUMBER 7.THIS IS JUST A CONSENT AGENDA ITEM, AND I KNOW IT'S KIND OF WEIRD BECAUSE IT'S THE ONLY THING ON THE CONSENT AGENDA, BUT CONSENT AGENDA ITEMS LISTED ARE CONSIDERED TO BE ROUTINE BY THE PLANNING AND ZONING COMMISSION AND WILL BE RECOMMENDED IN ONE MOTION.
THERE'S NO SEPARATE DISCUSSION OF CONSENT AGENDA ITEMS UNLESS THE COMMISSIONER REQUESTS THIS, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE AGENDA AND CONSIDERED IN ITS NORMAL SEQUENCE. THE ITEM THAT'S ON THE CONSENT AGENDA IS RP2022-03.
[01:30:02]
THIS IS A REQUEST OF FINAL PLAT LOT 1 BLOCK 2 ORIGINAL TOWN OF DECATUR BY FRIEDA ON BEHALF OF THE CITY OF DECATUR.IT'S AN APPROXIMATELY 0.55 ACRE TRACT OF LAND IN THE CITY OF DECATUR.
IT'S MORE COMMONLY REFERRED TO AS 106 SOUTH TRINITY STREET.
IT'S A REPLAT OF LOTS 1, 2, 3 AND 4 BLOCK 2, ORIGINAL TOWN OF DECATUR, AND IT IS THE VISITOR CENTER PROPERTY.
YES, AND STAFF IS RECOMMENDING APPROVAL.
CECIL, I'M ON THE MAIN STREET BOARD, I NEED TO RECUSE MYSELF.
DO WE HAVE ANY QUESTIONS OR CONCERNS? MS. LASATER IS SITTING OVER THERE QUIETLY? WE DOING THE CONSENT AGENDA ALL AT ONE TIME.
OH, THIS IS JUST THE ONE ITEM IN THE CONSENT, I'M SORRY, I'M SORRY.
THAT'S ALL RIGHT. I THOUGHT THE CONSENT WAS SEVEN, EIGHT AND NINE.
MY BAD? OK, SO NO, I DON'T HAVE ANY QUESTIONS.
IT'S OK, WILL. IT'S BEEN LONG, HEARING NONE. I'LL ENTERTAIN A MOTION.
I GOT WILL TO MOTION FOR AN APPROVAL, I'VE GOT MASON DOING A SECOND.
THOSE IN FAVOR RAISE YOUR HAND, ARM, LEG.
OK. MOTION CARRIES MOVING INTO ITEM EIGHT.
[ITEM 8: SI2021-01 Follow-up discussion regarding selection criteria, process and methodology for serving on the Planning and Zoning Commission.]
S12021-01.OR SHE'S ON MUTE. YEAH, I WAS ON MUTE, SORRY.
[LAUGHTER] THIS IS THE FOLLOW UP DISCUSSION REGARDING THE SELECTION CRITERIA, PROCESS AND METHODOLOGY FOR SERVING ON THE PLANNING AND ZONING COMMISSION.
I TOOK NOTES FROM OUR LAST MEETING AND PROVIDED THEM TO YOU GUYS.
THIS IS THE LATEST APPLICATION BASED ON OUR CONVERSATION.
HOPEFULLY, YOU GUYS HAVE HAD A CHANCE TO LOOK AT IT AND WE'LL HAVE SOME INPUT.
IN TERMS OF MY NOTES, I IDENTIFIED THEM IN STEPS, FIVE STEPS, BASICALLY.
I DID RECEIVE COMMENTS BACK FROM EILEEN AND WILL AND I'VE INCLUDED THEIR COMMENTS IN THE PRESENTATION. SO YOU HAVE THE ABILITY TO REVIEW THOSE.
AND IF YOU LIKE I CAN CERTAINLY READ THOSE AS WELL FOR YOU.
HOWEVER, YOU GUYS WOULD LIKE TO PROCEED.
I'M OPEN, I DID SHARE WITH THE COUNCIL THAT WE WOULD HOPEFULLY HAVE A RECOMMENDATION TO THEM AT THEIR NEXT MEETING, WHICH IS GOING TO BE TWO WEEKS FROM THIS PAST MONDAY.
I APOLOGIZE, I DID NOT SEE THIS, I HAD NOT LOOKED OK, WELL, I MEAN, I CAN GO OVER THESE IF YOU LIKE EACH OF THE SLIDES.
NOT NECESSARILY JUST NUMBER TWO JUMPS OUT AT ME.
I MEAN, DO YOU, YOUR SPOUSE, OR EMPLOYER HAVE ANY FINANCIAL INTEREST IN MATTERS OF [INAUDIBLE]? THERE'S NO WAY A PERSON CAN POSSIBLY KNOW THE ANSWER TO THAT QUESTION AT THE TIME THAT THEY'RE MAKING THE APPLICATION BECAUSE YOU KNOW, WE ALL POTENTIALLY AT SOME POINT IN TIME WILL HAVE THAT COME TRUE, AND THAT'S WHY WE HAVE TO RECUSE OURSELVES FROM TIME TO TIME. SO I'M NOT SURE.
WELL, MAYBE IT SHOULD JUST BE WORDED TO, ARE YOU AWARE OF ANY CURRENT? CURRENT. EXACTLY. I MEAN, I DON'T HAVE A PROBLEM WITH THAT.
SAY DO YOU HAVE ANY INTEREST THAT MIGHT SOMEDAY EVER COME BEFORE US? WELL, YEAH.
AND WE HANDLED THIS, LIKE YOU SAID SO.
OK. SO DO YOU SEE WHAT WE'RE SAYING, DEDRA? CAN YOU YEAH. YOU'RE JUST SAYING CHANGE THE WORDING MAYBE TO ARE YOU AWARE OF ANY CURRENT CONFLICTS? CORRECT.
OK. JUST LIKE NUMBER THREE, SAYS ANY PENDING CLAIMS AGAINST THE CITY, IT'S THE SAME
[01:35:04]
PRINCIPLE. OK.AS FAR AS YOU KNOW. ANY OTHERS STICK OUT OR STAND OUT? WHILE MASON'S REVIEWING IT.
LET ME ASK, SO YOU'RE WANTING TO TAKE THIS BEFORE CITY COUNCIL? ARE YOU ASKING FOR ANY OF US TO COME, SPEAK OR BE PRESENT? [LAUGHTER] YOU KNOW, WILL, I THINK THAT ONLY HELPS.
OK. IF THEY KNOW THAT YOU GUYS ARE SUPPORTERS, BECAUSE SOMETIMES I THINK THEY THINK I MAKE THE DECISIONS IN A VACUUM.
OK, WELL I'M HAPPY TO BE THERE.
FOUR'S, BUT AT LEAST HAVE ONE OR TWO OF US.
WELL, AND HERE'S THE THING CECIL, IF ALL OF YOU GO, YOU HAVE TO LET ME KNOW BECAUSE WE HAVE TO POST AN AGENDA BECAUSE THERE'S GOING TO BE A QUORUM.
AND EVEN IF FOUR OF YOU WANT TO GO YOU NEED TO LET ME KNOW BECAUSE WE WILL STILL HAVE TO POST AN AGENDA.
I ACTUALLY DO HAVE SOMETHING SCHEDULED THAT NIGHT, SO IF SOMEBODY ELSE WANTS TO DO IT.
AND I WAS JUST GETTING READY TO SAY, WILL, IT PROBABLY MAKES SENSE SINCE YOU'VE BEEN THERE CONSISTENTLY BEING THE CHAMPION FOR THIS PROCESS TO HAVE THAT CONTINUITY, BUT IF YOU'RE NOT ABLE TO MAKE IT, THAT'S UNDERSTANDABLE.
I CAN PROBABLY RESCHEDULE, BUT IF SOMEBODY ELSE WANTS TO DO IT, THAT'S FINE.
WELL, I KNOW YOU AND EILEEN HAVE BEEN CONSISTENT IN YOUR ATTENDANCE.
I'M HAPPY TO RESCHEDULE AND BE THERE.
I'M SORRY, I DIDN'T MEAN TO INTERRUPT.
I HAD A QUESTION ABOUT NUMBER 12.
I THINK THERE'S A LOT OF PEOPLE IN TOWN THAT ARE SOMEWHAT SILENT BUSINESS PARTNERS.
I DON'T KNOW THAT THEY WOULD NECESSARILY WANT TO DISCLOSE THAT.
I UNDERSTAND THE REASON FOR THE QUESTION.
I DON'T KNOW, IF IT MIGHT COULD BE REPHRASED, BUT.
WELL, I WOULD HAVE A PROBLEM WITH REMOVING THAT BECAUSE IF THEY WANT TO BE A SILENT PARTNER TO BUSINESS OPERATIONS AROUND THE CITY, THEY DON'T NEED TO BE SITTING ON THIS BOARD AND NOT DISCLOSE IT. SO AND I WOULD HAVE TO AGREE WITH MASON ON THAT.
I HAD NOT THOUGHT OF IT THIS WAY.
NOW, AM I CORRECT, THIS DOES AWAY WITH THE WHOLE POINT SYSTEM? THIS BASICALLY JUST GIVES US INFORMATION ABOUT THEM FOR US TO REVIEW AND THEN COME TO A DECISION ABOUT POSSIBLY INTERVIEWING THEM ALONG THE WAY.
YES, AND IT DOES PUT THE ONUS ON YOU GUYS ONCE YOU MAKE A RECOMMENDATION.
WHY? WHY YOU HAVE CHOSEN THAT PERSON? OK, IF THERE'S MORE THAN ONE? AND JUST GOING BACK TO THE PROCESS, WE WON'T NECESSARILY INTERVIEW, WE'LL JUST RECEIVE IT. WE'LL GO THROUGH THIS AND WE'LL INTERVIEW IF THE COMMISSION DECIDES THAT AN INTERVIEW IS NECESSARY.
BUT AT THAT TIME, WE WOULD HAVE TO INTERVIEW EVERYONE.
CORRECT. YEAH, YEAH, THAT WAS THE CONVERSATION.
IN TERMS OF THE STEPS INTRODUCTION. WELL, THAT'S A TERMINOLOGY THING I THINK MAYBE.
WHERE IS IT ON THE STEPS? STEP FOUR.
IF THE COMMISSION IS IN AGREEMENT, COMMISSION WILL MAKE A RECOMMENDATION IMMEDIATELY.
HOWEVER, IF THERE'S A CLOSE CALL AND MAYBE I REWORD THAT BETWEEN THE CANDIDATES AND COMMISSION ISN'T IN AGREEMENT, THE COMMISSIONERS MAY OPT TO MEET WITH ALL THE APPLICANTS FOR THEM TO RESPOND TO FOLLOW UP QUESTIONS AND OR EACH BOARD MEMBER CAN RANK THE CLOSE CALL APPLICANTS. NOW YOU GUYS MAY WANT ME TO TAKE THAT OUT, I DON'T KNOW.
I KNOW WE TALKED ABOUT THAT FOR A LITTLE BIT.
SOME KIND OF POINT SYSTEM IF IT WERE A CLOSE CALL.
AND THE MEETING WILL BE OPTIONAL IF COMMISSIONERS DEEM NECESSARY.
HOWEVER, IF DEEMED NECESSARY, ALL APPLICANTS WILL BE MET WITH.
THAT'S GOT TO BE REWARDED DIFFERENTLY.
BUT BASICALLY, IT'S JUST SAYING THAT IF THERE'S A DECISION THAT YOU WANT TO MEET WITH AN APPLICANT, YOU'RE GOING TO NEED TO MEET WITH ALL OF THEM.
YEAH, I'D GET RID OF THE CLOSE CALL LANGUAGE.
IF THE COMMISSION DEEMS IT NECESSARY OR APPROPRIATE, THE COMMISSION MAY CHOOSE TO MEET
[01:40:02]
WITH ALL OF THE APPLICANTS.AND THEN YOU PICK BACK UP WITH FOR THEM TO RESPOND TO FOLLOW UP QUESTIONS? OKAY.
SO HOW DO YOU FEEL ABOUT THE REST OF THAT [INAUDIBLE]? IN YOUR POINT SYSTEM AGAIN? WELL, YEAH, YEAH, YOU FEEL IT'S YOU GOT A POINT.
WELL, YOU GUYS THREW THAT OUT BECAUSE IF IT WERE A CLOSE CALL, THERE NEEDED TO BE SOMETHING FOR YOU TO DECIDE ON BECAUSE YOU COULDN'T DECIDE PRIOR TO MEETING TO THEM WHO THERE'S A TIE OR IF IT'S TWO TO FOUR OR THREE TO FIVE OR I MEAN, WHAT'S THE IT JUST MEANS IF YOU GUYS CAN'T COME TO AN AGREEMENT THAT YOU WANT THIS PARTICULAR PERSON. OR A CERTAIN PERSON TO BE RECOMMENDED.
AS A PRACTICAL MATTER, IF I MEAN, I DON'T THINK WE NEED TO BE DEFINING THAT FORMULA IN THE PROCESS WE CAN DISCUSS THAT AMONG OURSELVES.
OKAY, SO I'LL TAKE OUT THAT WHOLE.
THE POINTS. AND THE CLOSE CALL VERBIAGE.
OH I SEE IT ON THE BACK SIDE. YEAH.
OKAY. YEAH, I'LL REWORD STEP FOUR AND TAKE OUT THE VERBIAGE ABOUT CLOSE CALL AND RANKING THE CLOSE CALL APPLICANTS.
INSTEAD OF SAYING IF THERE IS A CLOSE CALL ON IT, JUST SAY IF ADDITIONAL INFORMATION IS NEEDED, THE COMMISSION YEAH. YEAH, THAT'S WHAT MASON BASICALLY SAID.
THAT'S WHAT I SAID I WOULD CHANGE IT TO.
DO WE NEED TO MAKE A MOTION ON THIS TOO DEDRA? YOU WILL. ARE YOU DONE DISCUSSING? YEAH. [LAUGHTER] ALL RIGHT.
SO I'LL ENTERTAIN A MOTION ON ITEM 8 TO ACCEPT WHAT WE'VE GOT IN FRONT OF US . WITH THE AMENDMENTS.
AND SOME OF THE QUESTIONS, A COUPLE OTHER QUESTIONS.
YEAH A COUPLE OTHER QUESTIONS IN IT. RIGHT.
[LAUGHTER] SOMEBODY'S GOT TO SAY AYE.
SO FOR IT? YES. OK, SO MASON'S GOT A MOTION TO APPROVE CURTIS HAS SECONDED ALL IN FAVOR RAISE YOUR ARMS, LEGS, HANDS.
OK. UNANIMOUS DECISION MOTION CARRIES.
GOING TO ITEM NUMBER 9 S12022-02 DEDRA.
[ITEM 9: SI2022-02 Consider and take appropriate action to make a recommendation to City Council for an amendment to the City’s Subdivision Regulations to provide a three (3) year period of effectiveness for Curb, Gutter and Sidewalk Variances when use remains the same.]
ITEM 9 IS A STAFF INITIATED ITEM IT'S CONSIDER AND TAKE APPROPRIATE ACTION TO MAKE A RECOMMENDATION TO CITY COUNCIL FOR AN AMENDMENT TO THE CITY'S SUBDIVISION REGULATIONS TO PROVIDE A THREE YEAR PERIOD OF EFFECTIVENESS FOR CURB, GUTTER, AND SIDEWALK VARIANCES WHEN THE USE REMAINS THE SAME.THIS ISSUE KEEPS COMING UP AT THE CITY COUNCIL MEETING WITH REGARDS TO CURB, GUTTER AND SIDEWALK VARIANCES.
THEIR CONCERN HAD TO DO WITH IF A PROPERTY OWNER IS GRANTED A VARIANCE FOR A CURB, GUTTER AND SIDEWALK AND THEY MOVE OUT OF THEIR HOME AND ANOTHER PERSON MOVES IN.
WE WERE TELLING EVERYONE BASED ON THE OPINION THAT WE HAD RECEIVED PREVIOUSLY THAT THEY SHOULD SUBMIT FOR A NEW CURB GUTTER VARIANCE, CURB GUTTER AND SIDEWALK VARIANCE IF THEY WERE GOING TO BE DOING WORK ON THE PROPERTY.
THE COUNCIL DID NOT THINK THAT THAT WAS FAIR, THAT THAT MADE SENSE.
AND SO THEY'VE DETERMINED THAT IF THEY GRANT A VARIANCE TO ANY CURB, GUTTER, AND SIDEWALK
[01:45:02]
REQUIREMENT, SUCH A VARIANCE SHOULD REMAIN IN EFFECT FOR A PERIOD OF THREE YEARS FROM THE DATE OF THEIR APPROVAL.WE'RE BRINGING IT FORWARD FOR YOU GUYS, JUST ALSO TO INFORM YOU OF THIS DECISION AND TO GET YOUR INPUT ON IT AS WELL.
WELL, THE ONLY INPUT THAT I WOULD HAVE WOULD BE THAT THE TIMELINE SHOULDN'T BE THE ONLY FACTOR. I MEAN, IF THEY GO TO CHANGE THE ZONING OR DO SOMETHING ELSE, THEN THOSE VARIANCES MAY FALL ALL AWAY.
BUT AS LONG AS THERE ARE NO OTHER CHANGES, I DON'T KNOW THAT I HAVE A PROBLEM WITH A THREE YEAR PERIOD.
ALL RIGHT. IF WHAT THEY'RE SAYING, IT'S JUST THREE YEARS FROM THE DATE THEY APPROVE IT, THEN SOMEBODY MOVES INTO THEIR HOUSE AND THEY'RE LIVING THERE JUST ROCKING ALONG FINE, NOT MAKING ANY CHANGES.
AND ALL OF A SUDDEN, THREE YEARS DOWN THE ROAD, THE CITY'S COMING TO THEM, SAYING, HEY, YOU DO NEED TO BUILD THAT SIDEWALK, AFTER ALL.
I DON'T THINK IT'S APPROPRIATE, AND I'M NOT EVEN SURE REALLY THAT IT'S LEGAL.
BUT YOU KNOW, WHAT DO I KNOW? EXPLAIN THAT AGAIN, I'M NOT FOLLOWING WHAT YOU'RE SAYING.
WELL, WHAT IF MY UNDERSTANDING OF WHAT YOU'RE SAYING IS THAT THEY'RE SAYING THE VARIANCE IS IT'S GOOD FOR THREE YEARS, PERIOD.
THAT MEANS EVERYBODY'S GOT TO COME BACK EVERY THREE YEARS TO RENEW THE VARIANCE OR.
WELL, THEY DON'T THEIR VARIANCE IS GRANTED.
THREE YEARS LATER, LIKE MASON SAID THERE'S A KNOCK ON THEIR DOOR SAYING, EXCUSE ME, SORRY ABOUT YOUR BAD LUCK. YOU'VE GOT TO PUT IN A SIDEWALK AND A CURB OUT THERE.
YEAH, THAT JUST DOESN'T MAKE SENSE.
NO. WITH THE SAME OWNERS, SAME, EVERYTHING.
IS THAT WHAT IT'S SAYING DEDRA? I DON'T THINK SO.
I THINK EMILY PROBABLY CAN SPEAK TO THIS, SINCE THE LEGAL FOLKS ARE THE ONES THAT DRAFTED THIS. BUT I THINK WHAT IT WAS REALLY GETTING TO IS IF A PROPERTY OWNER SOLD THEIR PROPERTY AND THEY WERE GRANTED A VARIANCE, THE NEW OWNERS.
YOU'RE SAYING THE NEW THE VARIANCE WOULD CARRY INSTEAD OF THE VARIANCE TERMINATING WHEN THE OWNERSHIP CHANGED.
THAT'S RIGHT. THE CLOCK WOULD START TICKING AT THE CHANGE OF OWNERSHIP AND BE GOOD FOR THREE YEARS. I THINK THERE'S THINKING, BUT I'M NOT SURE WE'VE CAPTURED THAT.
SO. YES, I WASN'T AT THE MEETING WHERE COUNCIL DISCUSSED THIS, AND SO THIS WAS DRAFTED BASICALLY IN THE WAY MASON WAS DESCRIBING.
SO I'LL GO BACK AND REVIEW THE MINUTES AND THEN WE CAN REWORD HOW THIS IS SO THAT'S ALL I'VE GOT TO ADD ON THAT PART.
WHAT WAS THEIR INTENT? AGAIN, BECAUSE SOMEONE HAD COME TO ONE OF THE COUNCIL MEMBERS, HE HAD PURCHASED SOMEONE'S PROPERTY, THEY HAD BEEN GRANTED A VARIANCE FOR A CURB, GUTTER AND SIDEWALK.
WHEN HE PURCHASED THE PROPERTY AND CALLED US AND SAID, THIS IS WHAT I WANT TO DO TO MY PROPERTY, DOES THE VARIANCE STILL STAND? WE TOLD HIM, NO, YOU'RE GOING TO HAVE TO APPLY FOR THE VARIANCE BECAUSE IT WENT WITH THE PROPERTY OWNER. IT DID NOT GO WITH THE PROPERTY.
HE WENT TO THE COUNCIL MEMBER AND COMPLAINED.
COUNCIL MEMBER SAID THAT DIDN'T MAKE SENSE TO HIM THAT THE VARIANCE WOULD ONLY GO WITH THE PROPERTY OWNER AND NOT THE PROPERTY.
AND SO THAT'S WHY THIS WAS DRAFTED.
WELL, MY RESPONSE WOULD BE, I'M SORRY, IT DOESN'T MAKE SENSE TO THE COUNCIL MEMBER, BUT THAT'S JUST THE WAY THAT IT IS.
IT'S EITHER GOT TO BE FOREVER, SO WE NEVER HAVE AN OPPORTUNITY TO COME BACK AND CHANGE OUR MIND AND MAKE SOMEBODY PUT IN A CURB AND GUTTER AND SIDEWALKS FOR UNTIL THE END OF TIME, OR IT'S GOT TO HAVE A TERMINATION DATE AND THE ONLY LOGICAL TERMINATION DATE IS WHEN THERE'S A CHANGE OF OWNERSHIP.
SO, I MEAN, I'M NOT ON THE COUNCIL, I DON'T GET TO VOTE.
BUT YOU KNOW, IF THEY'RE ASKING WHAT? COULD PERSONALLY.
YOU KNOW, AS STAFF, WE CAN'T WE MAY THINK THOSE THINGS, BUT WE CAN'T REALLY SAY THEM.
THAT'S WHY I'M SAYING IT. I KNOW.
AND. I DON'T REALLY KNOW HOW TO RESPOND TO THAT, MASON, WITHOUT GETTING MYSELF INTO TROUBLE. GET ME IN TROUBLE.
I'M JUST SAYING YOU CAN SAY THAT, YOU KNOW, COMMISSIONER WOODRUFF'S POSITION WAS THAT IT WORKS THE WAY IT IS AND IT SHOULD BE LEFT THE WAY IT IS BECAUSE THAT'S WHAT MY POSITION IS. DEDRA.
YES, SIR. IF I UNDERSTOOD YOU CORRECTLY, YOU SAID WHAT TRIGGERED THE CONVERSATION WAS THE NEW OWNER WANTED TO MAKE A CHANGE TO THE HOUSE.
[01:50:02]
IS THAT CORRECT? IT WAS.AND THINGS CHANGE REAL QUICKLY.
WHEN HE CALLED US HE WANTED TO KNOW WHAT HE NEEDED TO DO FOR BUILDING ON HIS PROPERTY TO ADD TO THE OR TO BUILD THE HOUSE THAT HE WANTED TO BUILD.
WHEN HE SPOKE TO THE COUNCIL MEMBER, HE BASICALLY SAID, WELL, I'M GOING TO BUILD THE SAME HOUSE THAT THE PREVIOUS OWNER WAS GOING TO BUILD.
WELL, WE NEVER RECEIVED ANY PLAN, SO I'M NOT SURE HOW HE WAS GOING TO BUILD THE SAME HOUSE OR HOW WE WERE GOING TO KNOW HE WAS BUILDING THE SAME HOUSE.
SO THAT WAS MY ARGUMENT AT THE CITY COUNCIL MEETING.
IT'S LIKE THERE'S NO WAY FOR ME TO TO SAY ONE WAY OR THE OTHER, YOU KNOW, WHAT'S TRUTHFUL AND WAS NOT TRUTHFUL.
WE CAN ONLY GO BY WHAT'S SUBMITTED AND WHAT HASN'T BEEN SUBMITTED.
SO. THAT'S WHAT THE CONVERSATION WAS, JOHN, AND THEN WE WERE CHASTISED BASICALLY FOR SAYING, YOU KNOW, WHY ARE YOU MAKING THEM GO THROUGH ALL OF THIS WHEN YOU'VE ALREADY HAD A PROPERTY OWNER WHO WENT THROUGH IT BEFORE? WELL, THEN THE ANSWER TO THAT IS THAT IF IN FACT, THIS NEW OWNER PRESENTS US WITH, YOU KNOW, A PERMIT REQUEST TO BEGIN CONSTRUCTION OF EXACTLY WHAT WE ALREADY APPROVED BEFORE, IT IS ONLY WE GIVE THEM THE SAME APPROVALS WE GAVE THEM BEFORE AND WE WOULD APPROVE THE SAME VARIANCES. THEY NEVER SUBMITTED THE ORIGINAL OWNER.
IF THAT'S THEIR ONLY RESPONSE YOU CAN GIVE TO THE COUNCIL MEMBER IS IF THEY COME AND MAKE AN APPLICATION FOR THAT WE'RE NOT GOING TO GIVE THEM A HARD TIME.
YOU'RE ASSUMING, YOU KNOW, THAT WE'RE GOING TO TAKE A POSITION THAT THERE'S NO LOGICAL REASON WE WOULD TAKE.
NOW I UNDERSTAND STAFF YOU HAVE A HARD TIME SAYING THAT TO THEM, BUT I DON'T KNOW WHAT ELSE TO SAY, IT'S THERE'S NO REASON TO MAKE THIS CHANGE, IN MY OPINION.
THE WAY THIS IS CURRENTLY WORDED, SAY HOMEOWNER A, WANTS TO MAKE A MODIFICATION TO HIS OR HER HOUSE, AND WE GRANT A SIDEWALK VARIANCE.
THEY GO THROUGH WITH THAT CHANGE OR THEY DON'T.
BUT THEN THEY END UP SELLING THE HOUSE TO SOMEONE ELSE, AND THAT PERSON WANTS TO CHANGE THE HOUSE INTO A BED AND BREAKFAST DOES THAT.
THE WAY THIS IS WORDED IS THAT VARIANCE STILL IN PLACE? WELL, A BED AND BREAKFAST WOULD BE A CHANGE OF USE.
OK, GOOD. THAT'S THE WAY IT SHOULD BE AS FAR AS I'M CONCERNED.
WELL, AND THAT'S OUR UNDERSTANDING, WILL.
BUT I DON'T KNOW THAT THE CITY COUNCIL.
THEY MAY SAY, WELL, WE DON'T CARE IF IT'S A CHANGE OF USE, IF IT'S A SIMILAR USE.
I DON'T KNOW. I'M JUST TRYING TO THEY WILL BE FREE TO REGRANT THE VARIANCE AT THAT TIME.
THEY DON'T LIKE GRANTING VARIANCES, GUYS.
AND I'M SORRY BECAUSE I DON'T [INAUDIBLE].
WELL, I DON'T KNOW WHAT TO TELL YOU, GUYS I MEAN THEY'VE KIND OF PUT THE ONUS ON YOU GUYS TO WELL, THEY DIDN'T REALLY PUT THE ONUS ON YOU.
I MEAN, WE'RE BRINGING IT BEFORE YOU FOR YOUR INPUT.
I THINK THEY'RE GOING TO DECIDE ONE WAY OR THE OTHER.
AND THAT'S THEIR JOB AND THEY CAN DO THAT.
MY INPUT IS MY NOTION AND MOTION, IF IT NEEDS TO BE A MOTION, IS THAT THOSE PARTICULAR REGULATIONS ARE APPROPRIATE AS IS AND SHOULD REMAIN UNCHANGED.
SO YOU DON'T THINK THERE SHOULD BE AN EXTENSION OF THE VARIANCE? WHETHER THERE'S THREE YEARS OR 2 YEARS OR WHATEVER.
THEY SHOULD BE ANY SUCH CHANGE, I THINK THEY WORK IF EVERYBODY DOES THEIR JOB RIGHT, THEY WORK PROPERLY AND APPROPRIATELY THE WAY THEY CURRENTLY ARE.
DOES EVERYBODY ON THE COMMISSION.
HANG ON, YOU KNOW THAT'S WHERE THIS MOTION WILL COME INTO PLAY.
AM I CORRECT DEDRA? YES. UNLESS YOU GUYS STILL WANT TO DISCUSS IT.
Y'ALL STILL WANT TO DISCUSS IT, Y'ALL GOT ANYMORE COMMENTS.
WE JUST MAKE INDIVIDUAL COMMENTS AND THAT'S IT GOES BACK TO THEM OR DO WE HAVE TO MAKE A MOTION? THIS PROPERTY, THAT'S GOT THAT VARIANCE ON IT AND THIS OTHER PERSON BUYS THE PROPERTY BUT DOESN'T MAKE ANY CHANGES, THEY'RE NOT GOING TO HAVE TO PUT A SIDEWALK IN, RIGHT? NO. OK? IT'S JUST THAT THE VARIANCE WILL CARRY OVER PROPERTY, THAT, THE VARIANCE WILL EXPIRE.
WELL, THE TRUTH IS THE VARIANCE REMAINS IN EFFECT UNTIL THEY NEED SOME KIND OF A PERMIT,
[01:55:01]
WHETHER IT'S THE CONSTRUCTION PERMIT OR A CHANGE OF USE PERMIT OR SOMETHING LIKE THAT.THAT'S WHAT WILL TRIGGER THE REVIEW.
AM I CORRECT IN THAT? EMILY, WE CAN BARELY HEAR YOU, TOO.
YEAH. ONCE THE VARIANCE IS GRANTED, THE ONLY TIME IT'S GOING TO BE REVIEWED IS IF THE SAME OWNER OR A FUTURE OWNER COMES IN WITH A PERMIT REQUEST, EITHER FOR SOME SORT OF CONSTRUCTION OR FOR A CHANGE IN USE OR FOR SOMETHING LIKE THAT.
AND THAT'S THE POINT AT WHICH THE VARIANCE WILL HAVE TO BE RENEWED OR ENDED.
PRACTICALLY SPEAKING, THAT'S HOW IT WOULD PLAY OUT.
AS YOU KNOW THAT HOPEFULLY THE COUNCIL WILL UNDERSTAND THAT.
I GUESS I WILL MAKE THE COMMENT THAT THE THING THAT THEY'RE TRYING TO PREVENT ALMOST NEVER HAPPENS ANYWAY.
SO I DON'T REALLY UNDERSTAND WHY WE'RE MAKING THIS, PUTTING THIS IN PLACE WHEN IT'S REALLY JUST NOT GOING TO SOLVE.
YES, THAT'S EXACTLY WHAT IT IS.
AND THAT'S WHAT WE'RE SPENDING OUR TIME.
WELL, AFTER HEARING MASON SPEAK, I TEND TO AGREE WITH WHAT HE'S SAYING THAT THE PROCESS WORKS AS IT IS.
WE'RE GOING TO MAKE A MOTION TO DENY THIS.
[LAUGHTER] WELL, HE MAY NOT MAKE A MOTION TO DENY.
HE JUST MAY MAKE A MOTION THAT YOU KNOW THE PROCESS AS IT IS WORKS.
AND YOU KNOW, AND IT DOES NOT REQUIRE.
THERE'S NO CHANGES. YEAH, THERE'S NO.
YES. OK, THEN I'VE GOT A MOTION ON THE FLOOR.
A SECOND. OK, I'VE GOT JOHN LANIER SECOND.
ALL IN FAVOR RAISE THEIR ARM LEGS.
[ITEM 10: Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests: a. As of agenda posting, the April 5, 2022, meeting currently has no (0) new Planning applications. Submittal deadline is March 7, 2022, at 11:00 a.m.]
WELL, WHAT IS ITEM 10 [LAUGHTER].DISCUSSION OF FUTURE AGENDA, NEW BUSINESS ITEMS? OH, OK, AS OF THIS AGENDA POSTING, WE DON'T HAVE ANYTHING FOR APRIL 5TH, BUT THE DEADLINE IS NOT TILL MARCH 7TH.
SO WE'VE GOT A COUPLE MORE DAYS, THREE MORE DAYS.
WE ACTUALLY HAVE EXTENSION. OH YEAH, THE ONE, THE EXTENSIONS, THOSE.
BUT WE DON'T HAVE ANY OTHER NEW ITEMS THAT WE'RE AWARE OF JUST YET.
SO THAT'S IT. THIS P&Z MEETING IS GOING TO STAND ADJOURNED AT 7:36 P.M..
THANK YOU, DEDRA. CHERYL, THESE PAPERS, YOU WANT US, JUST THROW THEM IN THE TRASH UP HERE?
* This transcript was compiled from uncorrected Closed Captioning.