Dec 06, 2022 Planning and Zoning Commission

OKAY. MOTION CARRIES ITEM NUMBER FOUR ZC 2022-04, WHICH IS THE ZONING CHANGE FOR THE SAID SUBJECT PROPERTY.

[ITEM 4: ZC2022-04 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 1.604 acres of land for Right-of-Way, which is currently in the extraterritorial jurisdiction of the City but for which the property owner has requested annexation into the City’s corporate limits. Upon the effective date of Annexation, the property would be zoned as Multi-Family Residential (MF) Zoning District. The property is generally located in the David Moses Survey, Abstract No. 537, Wise County, Texas and generally located at the intersection of Deer Park Road and Thompson Street, adjacent to the current city limits in Decatur’s western extraterritorial jurisdiction (ETJ), Wise County, Texas, and being described by metes and bounds on the survey located at the Planning & Development Service Building, 1601 S. State St., Bldg. C, Decatur, Texas. The Commission recommendation for this item is subject to the City Council’s approval of the request for annexation and the accompanying proposed Comprehensive Plan and Future Land Use Map amendment. (Zoning Change Application 2022-04—Mr. Josh Jezek, on behalf of property owners Deer Park QOZB, LLC.)]

I'LL ASK FOR A MOTION ON THIS ONE AS WELL.

MOTION TO APPROVE THE ZONING.

I'VE GOT A MOTION FROM COMMISSIONER CROSS.

SECOND. SECOND FROM COMMISSIONER WOODRUFF.

I DID NOT JUST WANT TO MAKE SURE THAT YOU ALL KNOW.

AYE. ANY OPPOSED, NAY.

I DID NOT CAST A NAY VOTE ON THAT.

ANY OPPOSED SAY NAY.

OKAY. HEARING NONE.

MOTION CARRIES.

OKAY. GOING ON TO NON PUBLIC HEARING ITEMS. WE HAVE ONE ITEM ON A CONSENT AGENDA.

IS THAT CORRECT? THAT'S CORRECT.

OKAY. ITEM NUMBER FIVE IS A CONSENT AGENDA FOR FP2022-03 COMMISSION TO

[ITEM 5: CONSENT AGENDA]

TAKE ACTION TO MAKE A RECOMMENDATION TO THE CITY COUNCIL REGARDING A REQUEST TO FINAL PLAT LOT ONE BLOCK ONE DECATUR TA ADDITION . AND I WILL PASS THIS ON TO STAFF.

THE PRELIMINARY PLAT, I BELIEVE, WAS BEFORE YOU GUYS SEVERAL MONTHS AGO, PRIOR TO ME COMING BACK.

THEY'RE JUST FOLLOWING THE DEVELOPMENT PROCESS WITH THIS FINAL PLAT APPLICATION.

IT DOES MEET THE MINIMUM REQUIREMENTS AND STAFF IS RECOMMENDING APPROVAL.

ALL RIGHT. DOES ANYBODY HAVE ANY QUESTIONS ANY COMMENTS.

OKAY. THERE'S ONLY ONE ITEM ON THE CONSENT AGENDA.

SO WE'LL JUST LOOKING FOR A MOTION TO PASS THE CONSENT AGENDA OR RECOMMEND APPROVAL OF THIS CONSENT AGENDA.

I'LL RECOMMEND APPROVAL.

SECOND.

RECOMMENDATION, A MOTION FROM COMMISSIONER BERUBE, A SECOND FROM COMMISSIONER LANIER.

AYE. ANY OPPOSED? OKAY. MOTION CARRIES.

ALL RIGHT. SO ALSO.

I NOTICED THAT ITEMS SIX, SEVEN AND EIGHT AND NINE ARE ALL ON THE SAME PROPERTY.

[ITEM 6: Commission to hear staff comments and take action to make a recommendation to City Council regarding a request for a variance from Chapter 2, Section 201, “Street Improvements (curb/gutter),” of the City of Decatur’s Design Standards on approximately 100.0 linear feet of property located along south Church St., where adjacent to the western boundary of Lot 3, Block 6, South Decatur Addition, and more commonly referred to as 709 S. Church St., Decatur, Texas. A complete legal description of the subject property is found on the plat exhibit located in the staff report. (Application V2022-12—Mr. Hector De Avila)]

YOU WANT TO DISCUSS THOSE ALL ON THE SAME TIME.

YES. WE'VE GOT THE PRESENTATION FOR ALL OF THEM.

AND SINCE THESE ARE SUBDIVISION VARIANCES FOR CURB AND GUTTER AND SIDEWALK WILL LET EARL.

OKAY. GIVE YOU GUYS THE PRESENTATION.

OKAY. EARL, ARE YOU WITH US? YES, SIR. OKAY.

WE CAN HEAR YOU LOUD AND CLEAR.

SO WE'RE TALKING ABOUT ITEMS SIX, SEVEN AND EIGHT AND NINE.

AND THESE ARE FOR THE PROPERTY COMMONLY REFERRED TO AS 709 SOUTH CHURCH STREET.

YOU WANT TO TAKE US THROUGH THAT? YES. SO THIS IS A CORNER LOT, SO BOUNDED ON ONE SIDE BY COLLINS AND THE OTHER SIDE BY CHURCH STREET. SO THAT'S WHY WE END UP WITH FOUR VARIANCES ON THIS PROPERTY, TWO FOR SIDEWALKS AND TWO FOR CURBS.

OKAY. SO THE APPLICANTS MADE APPLICATION TO BUILD ON.

THIS IS A VACANT LOT AND THE APPLICANT'S MADE AN APPLICATION, A BUILDING PERMIT APPLICATION TO BUILD A HOME HERE.

YOU HAVE A COPY OF MY MEMO IN YOUR PACKET.

THIS PARTICULAR LOT SHOWS UP IN SOUTH DECATUR ADDITION AND ON THE OFFICIAL MAP OF THE CITY DATED 1959 AND CERTAINLY [INAUDIBLE] SUBDIVISION ORDINANCE.

AND AS FAR AS WE CAN TELL, THIS LOT'S ALWAYS BEEN VACANT.

THE CLOSEST SIDEWALKS A BLOCK AWAY.

AND WE'LL LOOK AT [INAUDIBLE] SIDEWALKS IN THE NEIGHBORHOOD.

THERE IS CURBS EXISTING IN OUR NEIGHBORHOOD.

WE'LL SEE THAT ON THE MAP IN A MOMENT TOO.

THE VARIANCE IS NECESSARY FOR THE PRESERVATION AND DEPLOYMENT OF SUBSTANTIAL PROPERTY RIGHTS.

[00:15:08]

THE VERY LIMITED SIDEWALKS.

HOWEVER, THE ADDITION OF SIDEWALKS SHOULD NOT AFFECT THE PROPERTY RIGHTS OF THE OWNER.

CURBS DO EXIST.

THE GRANTING OF THE VARIANCE WOULD NOT BE DETRIMENTAL TO PUBLIC HEALTH, SAFETY OR WELFARE OR INTEREST TO OTHER PROPERTIES.

SO AS MENTIONED BEFORE, VERY LIMITED SIDEWALKS EXIST.

THE PROPERTY'S BEEN MAPPED SINCE 1959.

THERE'S NO KNOWN RECORDS OF PEDESTRIAN ACCIDENTS OR ANYTHING.

SO WE CAN MAYBE SAY THAT THE ABSENCE OF SIDEWALKS HADN'T NECESSARILY ADVERSELY IMPACTED THE PEDESTRIAN SAFETY.

CURBS DO EXIST AT THE LOT ADJACENT TO THIS PROPERTY TO THE NORTH, AND WE'LL SEE THAT ON THE MAP.

CHURCH STREET AND COLLINS STREETS ARE CONSIDERED LOCAL STREETS.

THEREFORE, IF YOU CHOOSE TO RECOMMEND A VARIANCE, THEY WOULD NOT BE IN CONFLICT WITH THE DECATUR LONG RANGE MASTER PLAN.

AND THEN THE GRANTING OF THE VARIANCE WILL NOT HAVE THE EFFECT OF PREVENTING ORDERLY SUBDIVISION OF THE PLAN.

SO THE AREA SURROUNDING THIS PROPERTY IS BUILT OUT OF FUTURE REPLATING AND SURROUNDING PROPERTIES THAT WOULD REQUIRE CONSTRUCTION OF CURB AND SIDEWALKS, WHICH WOULD OCCUR IN A RANDOM FASHION.

AND IT'S NOT REASONABLE TO EXPECT NEARLY ALL PROPERTIES TO HAVE CURB AND GUTTER UNLESS THE CITY DOES A COMPREHENSIVE PROJECT IN THE NEIGHBORHOOD.

SO THIS MAP YOU CAN SEE THAT THE YELLOW LINE REPRESENTS EXISTING SIDEWALKS.

AND THEN THE SOLID RED LINES REPRESENT EXISTING CURBING THAT IN THE NEIGHBORHOOD.

OKAY. SO YOU CAN SEE THAT IMMEDIATELY TO THE NORTH ON THIS PROPERTY ON CHURCH STREET THERE IS AN EXISTING CURB THAT THIS PROPERTY COULD TIE INTO AND THEN WE WOULD HAVE CONTINUOUS CURB STREET FOR THAT ONE BLOCK.

SIDEWALKS ARE VERY LIMITED.

SO THAT'S THE EXTENT OF THE MAP.

AND THEN I THINK DEDRA OR MAYBE [INAUDIBLE] A REFERENCE TO THE CITY ATTORNEY.

I THINK YOU PROBABLY HAVE TO CONSIDER EACH ONE OF THESE VARIANCE REQUESTS SEPARATELY.

SO. THAT WOULD CONCLUDE THE PRESENTATION UNLESS YOU HAVE ANY QUESTIONS.

OKAY. I DON'T HAVE ANY QUESTIONS.

DO ANY OF THE OTHER COMMISSIONERS HAVE ANY QUESTIONS ON SIDEWALKS OR CURB AND GUTTER? HEARING NO QUESTIONS.

WE WILL LOOK AT ITEM SIX FIRST WHICH IS CURB AND GUTTER ALONG SOUTH CHURCH STREET, ALONG THE WESTERN SIDE OF THIS PROPERTY.

I WILL ASK FOR A MOTION ON THIS ONE.

THEY ARE REQUESTING A VARIANCE SO THAT THEY DO NOT HAVE TO BUILD CURB.

AND THIS IS THE SECTION OF STREET WHERE THERE IS CURB ON THE ADJOINING PROPERTY? YES, I THINK [INAUDIBLE].

YEAH. ON.

I THINK THAT I DON'T THINK IT'S UNREASONABLE TO ASK THEM TO GO AHEAD AND CONTINUE THAT CURBING DOWN TO THE END OF CHURCH STREET.

I DON'T FEEL AS STRONGLY ABOUT COLLINS BUT A CURB ON CHURCH STREET, WHERE YOU ALREADY HAVE A CURB DOWN THERE, IT SEEMS TO ME THAT THEY SHOULD IT SHOULD NOT BE THAT BIG A PROBLEM FOR THEM TO BUILD A CURB.

I DON'T CARE ABOUT THE SIDEWALKS.

I DON'T CARE ABOUT COLLINS STREET, BUT IT SEEMS TO ME THAT THEY SHOULD BE ABLE TO BUILD A CURB.

SORRY. I'M NOT SURE EVERYBODY'S HEARING ME, BUT.

MY FEELING WOULD BE THAT WE SHOULD NOT GRANT THEM A VARIANCE.

ANY OTHER COMMENTS? CAN I ASK A QUESTION? SURE. YOU ALREADY ASKED IF WE HAD A QUESTION AND I DIDN'T ASK.

NO, NO, BUT THAT'S OKAY.

SO WE I KNOW THE CITY COUNCIL BROUGHT UP ABOUT JUST KIND OF LETTING ALL OF THIS GO, AT LEAST FOR SIDEWALKS. I DON'T REMEMBER WHAT THEY'RE.

WHAT THEY WANTED US TO DO WITH CURB AND GUTTER.

AS FAR AS JUST DOING THE MAIN VEIN, SO TO SPEAK.

I DON'T REMEMBER ANY SPECIFIC OUTCOMES COMING OUT OF THAT CONVERSATION.

WE JUST HAD A CONVERSATION ABOUT IT.

OH. OKAY. I KNOW THAT I PERSONALLY PUT FORTH MY OWN FEELINGS ON IT WERE MORE, ALIGNED WITH

[00:20:10]

THE TOPIC OF SIDEWALKS AND NOT NECESSARILY CURB AND GUTTER.

AND SO MY ISSUES.

AND I DON'T WANT TO DIRECT THE CONVERSATION ONE WAY OR THE OTHER DECISION ONE WAY OR THE OTHER.

BUT WAS, YOU KNOW, SIDEWALKS PROBABLY SHOULD BE PUT IN WHERE THERE ARE HIGH TRAFFIC AREAS, WHICH WE SHOULD THEN REFER TO THE MASTER PLAN.

IN THIS CASE, EARL HAS TOLD US THIS IS NOT A HIGH TRAFFIC AREA.

IT IS CONSIDERED A LOCAL STREET.

SO, I MEAN, THIS IS IN REGARDS TO HOW I FEEL ABOUT SIDEWALKS.

NOW I DON'T REMEMBER ANY SPECIFIC DIRECTION COMING OUT OF CITY COUNCIL ON THAT ONE WAY OR THE OTHER.

I THINK WE JUST HAD A REALLY GOOD CONVERSATION.

OKAY, SO THEN I HAVE ANOTHER QUESTION.

MAYBE THIS IS FOR EARL.

HOW IMPORTANT ARE CURB AND GUTTER? WHAT BENEFIT DOES THAT HAVE FOR THE PROPERTY OWNER OR THE CITY ON THE STREETS? WELL, THE ADDITION OF CURB ALONG THE EDGE OF THE STREET SORT OF PROTECTS THE EDGE OF THE STREET, ESPECIALLY AS IT RELATES TO DRAINAGE.

AND ON THIS PARTICULAR LOT, THERE'S A DRAINAGE WAY THAT GOES FROM LIKE THE NORTH, ABOUT THE NORTH EAST CORNER TO ABOUT MIDWAY ALONG THE SOUTH PROPERTY LINE.

AND THEN IT CROSSES COLLIN STREET.

AND THE ISSUE TO THE PROPERTY OWNER OF POTENTIAL LOCALIZED FLOODING HAS BEEN MENTIONED.

BUT THE ADDITION OF CURB PROTECTS THE EDGE OF THE STREET AND KEEPS IT FROM RAVELING AWAY DURING THAT RAINFALL EVENTS COULD CAUSE. SO IT CERTAINLY ENHANCES THE STREET.

WELL, IT DOES CHURCH STREET HAVE A SLOPE TO IT RIGHT THERE WHERE IT'S THE WATER IS FLOWING DOWNHILL ON CHURCH STREET? YES, THE WATER THE WATER SPAWNS TO THE SOUTH ALONG CHURCH.

AND THEN I WOULD EXPECT SOME OF THIS WATER TO MAYBE MAKE THE TURN ON COLLINS STREET, [INAUDIBLE] TO MAKE ITS WAY INTO THAT DRAINAGE WAY.

SO. BUT NOT ALL OF IT.

BUT THE STORMWATER FLOWS TO THE SOUTH.

THE ADDITION OF A CURB WOULD NOT EXACERBATE ANY ISSUES IN THIS PARTICULAR AREA.

WE DON'T THINK. RIGHT? NO. NO.

SO WHAT WAS YOUR RECOMMENDATION WITH REGARD TO CURBING ON CHURCH STREET? AM I CONFUSED OR DID YOU RECOMMEND THAT THE VARIANCE BE GRANTED? HE DOESN'T RECOMMEND.

EARL.

WELL, I REALLY DON'T MAKE RECOMMENDATIONS, BUT.

OKAY. BUT IN THIS PARTICULAR CASE, THERE IS AN EXISTING CURB TO THE PROPERTY IMMEDIATELY TO THE NORTH.

SO IT'S NOT LIKE WE'D BE BUILDING A PIECE OF CURB OUT IN THE MIDDLE OF NOWHERE.

THAT'S SORT OF WHAT I'M THINKING WHEN I LOOK AT IT.

I'M NOT.

AND I KNOW THERE'S DRAINAGE ACROSS COLLINS STREET AND COLLINS IS A DIFFERENT CASE.

AND THERE'S NOT REALLY A SLOPE OF COLLIN STREET LIKE, I MEAN, THERE'S NO WATER COMING DOWN.

COLLINS AT THAT POINT, I DON'T THINK THERE'S JUST WATER COMING DOWN.

CHURCH SO MY SENTIMENT WOULD BE THAT THEY SHOULD NOT BE GRANTED A VARIANCE FOR A CURBING ON CHURCH STREET.

THEY SHOULD BE REQUIRED TO BUILD A CURBING ON CHURCH STREET.

I DON'T HAVE ANY PROBLEM WITH ANY OF THE REST OF THE VARIANCES THEY'RE ASKING FOR, BUT THAT ONE I THINK THEY SHOULD HAVE TO BUILD.

ARE YOU MAKING A MOTION ON ITEM NUMBER SIX? I GUESS IS ITEM NUMBER SIX JUST CHURCH STREET.

JUST FOR THE CHURCH STREET AND JUST FOR CURB AND GUTTER.

OKAY. WE HAVE A MOTION FOR DENIAL FOR.

AND I'LL SECOND.

AND A SECOND FOR DENIAL.

ALL THOSE IN FAVOR OF THE DENIAL SAY AYE.

AYE. ANY OPPOSED? OKAY.

MOTION, ARE THEY? THE REQUEST IS RECOMMENDED FOR DENIAL.

AND WE'LL GO ON TO ITEM NUMBER SEVEN, WHICH IS SIDEWALKS ON THE SAME STREET FOR CHURCH STREET.

[Items 7 - 9]

ANY PARTICULAR DISCUSSION ON SIDEWALKS.

WE HAVE A MOTION ONE WAY OR ANOTHER? I'LL MAKE A MOTION TO APPROVE THE VARIANCE REQUESTS.

RECOMMEND APPROVAL FOR THE VARIANCE REQUEST.

I'LL SECOND. WE HAVE A SECOND FOR THE MOTION.

[00:25:06]

MOTION CARRIES FOR ITEM NUMBER SEVEN.

ITEM NUMBER EIGHT WE'RE GOING ON TO EAST COLLINS STREET FOR CURB AND GUTTER ALONG THE SOUTHERN SIDE OF THIS PROPERTY.

ANY PARTICULAR DISCUSSION FOR THAT.

I GUESS. I GUESS I DID HAVE ONE QUESTION IS THE DRAINAGE THAT IS ALONG COMING FROM THE SUBJECT PROPERTY DRAINING TO THE SOUTH? DOES IT GO OVER EAST COLLIN STREET OR THROUGH A CULVERT UNDER COLLIN STREET? NO THERE'S A CULVERT THERE THAT CONVEYS THE WATER TO THE SOUTH.

THERE IS A CULVERT. OKAY.

ALL RIGHT. OKAY.

THAT WAS MY ONLY QUESTION.

ANY OTHER QUESTIONS OR COMMENTS? I THINK THE HOUSE, IN ANY DROUGHT FOR ANYTHING THAT MIGHT BE ADDED TO THAT LOT WOULD INCREASE THE RUNOFF FROM THAT PROPERTY TO THE STREET.

IT LOOKS LIKE IT MIGHT BE A LITTLE BETTER TO HAVE THE GUTTER THERE TO DIRECT IT WHERE IT'S NEEDED.

ON COLLINS? YES.

MY ONLY COMMENT TO THAT, JOHN, IS IF IT DOES INCREASE THE FLOW OFF OF THIS LOT IT'S GOING TO BE INCREASING THE FLOW ACROSS COLLIN STREET TO THE OTHER SIDE.

THE OTHER SIDE IS WHERE THEY NEED TO.

YEAH, IT WOULD GO THROUGH THE DIRECT IT DOWN THROUGH THE CULVERT INSTEAD OF RUNNING ACROSS THE STREET ONTO THE NEXT LOT.

YEAH. ANY OTHER COMMENTS OR QUESTIONS? OKAY, WE HAVE A MOTION TO APPROVE OR RECOMMEND DENIAL FOR THIS ITEM NUMBER? I'LL MAKE A MOTION TO DENY THE REQUEST.

OKAY. WE HAVE A MOTION TO DENY THE CURB AND GUTTER VARIANCE REQUEST.

I'LL SECOND THAT. ALSO, WE HAVE A SECOND FOR DENIAL.

OKAY. MOTION IS THE REQUEST IS DENIED FOR ITEM NUMBER EIGHT.

ITEM NUMBER NINE IS SIDEWALKS ALONG COLLIN STREET.

ANY COMMENTS OR QUESTIONS.

I WOULD MOVE THAT WE GRANT THE REQUEST FOR A VARIANCE WITH REGARD TO SIDEWALKS ON COLLINS .

WE HAVE A MOTION FOR APPROVAL TO RECOMMEND APPROVAL.

WE HAVE A SECOND.

OKAY. ALL THOSE IN FAVOR SAY AYE.

AYE. ANY OPPOSED? MOTION CARRIES TO RECOMMEND APPROVAL OF THE VARIANCE FOR ITEM NUMBER NINE.

OKAY. ITEM NUMBER 10 AND 11 AND 12.

[Items 10 - 12]

I BELIEVE WE'RE ALL IN THE SAME PROPERTY, SO WE'LL TAKE THOSE TOGETHER AS WELL.

AS LONG AS STAFF DOESN'T SEE A REASON WHY WE SHOULDN'T DO THAT.

OKAY. THIS IS IT LOOKS LIKE WE'VE GOT CURB AND GUTTER SIDEWALKS.

AND MAYBE MORE SIDEWALKS ISSUES ON FOUR ITEM NUMBER 10, 11 AND 12 FOR A PROPERTY OF 1201 WEST THOMPSON STREET IN DECATUR.

I'LL TURN IT OVER TO STAFF FOR TO EARL SPECIFICALLY TO EARL TO LEAD US THROUGH THIS.

OKAY, SO WE'LL MAKE THE PRESENTATION FOR ALL THE VARIANCES SIMULTANEOUSLY.

BUT SO THE ONE VARIANCE ALONG THOMPSON STREET IS FOR AROUND 430 FEET OF CURB AND GUTTER THAT DOES NOT EXIST.

THERE IS APPROXIMATELY 1624 LINEAR FEET OF SIDEWALK ALONG THOMPSON STREET.

AND THEN THERE'S 1730 FEET APPROXIMATELY ALONG EAGLE DRIVE.

SO THIS [INAUDIBLE] THE PURPOSE OF THE REQUEST COME ABOUT BECAUSE THE DISD HAS SUBMITTED A PLAT AND SUBMITTED A PLAT A FEW MONTHS BACK I THINK TO PLAT THE PROPERTY IT'S NEVER BEEN PLATED.

SO I'LL GO THROUGH MY MEMO REAL QUICK WITH YOU THE CONDITIONS FOR GRANTING THE VARIANCE.

SO UNDER SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE LAND SUCH AS THAT THE STRICT APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT OF REASONABLE USE OF THE LAND.

[00:30:03]

SO THIS PROPERTY IS LOCATED AND BOUNDED BY COMMERCIAL OFFICE MULTIFAMILY SINGLE FAMILY DISTRICTS.

THE PROPERTY WAS OBTAINED BY DISD IN 1971 FROM WHAT I COULD DETERMINE FOR THE PURPOSE OF OF SCHOOL CAMPUS AND HAS BEEN USED FOR THAT PURPOSE SINCE.

CURBS DO EXIST WITHIN A REASONABLE DISTANCE ON THE SAME PROPERTY AND 430 FEET ALONG THOMPSON STREET WOULD COMPLETE CURBING ALONG THOMPSON STREET ON THIS PROPERTY.

SIDEWALKS DO NOT EXIST WITHIN A REASONABLE DISTANCE, NOR DO ANY EXIST IN THE NEIGHBORHOOD.

AND I'LL COME BACK TO THAT BECAUSE WE'RE JUST SOME PROPOSED DEVELOPMENTS.

THE VARIANCE IS NECESSARY FOR THE PRESERVATION AND ENJOYMENT OF SUBSTANTIAL PROPERTY RIGHTS.

CURBS DO EXIST.

THE ADDITION OF CURBS SHOULD NOT AFFECT THE PROPERTY RIGHTS OF THE OWNER.

SIDEWALKS DO NOT EXIST, AND THE ADDITION OF SIDEWALKS SHOULD NOT AFFECT THE RIGHTS OF THE PROPERTY OWNER.

CONDITION NUMBER THREE THE GRANTING OF THE VARIANCE WOULD NOT BE DETRIMENTAL TO PUBLIC HEALTH, SAFETY OR WELFARE OR INJURIOUS TO THE PROPERTY IN THE AREA.

WE HAVE NO KNOWN KNOWLEDGE OF ANY PEDESTRIAN ACCIDENTS, AND SO WE BELIEVE THAT THE ABSENCE OF SIDEWALKS HASN'T NECESSARILY ADVERSELY IMPACTED PEDESTRIAN SAFETY ON THOMPSON STREET.

HOWEVER, WEST THOMPSON STREET IS SHOWN SCHEMATICALLY ON THE DECATUR 2050 LONG RANGE PLAN AS A MINOR ARTERIAL.

SO GRANTING OF A VARIANCE COULD BE CONSIDERED IN CONFLICT WITH THE MASTER PLAN.

AND THEN [INAUDIBLE] 4 THE GRANTING OF THE VARIANCE WILL NOT AFFECT THE PREVENTING OF ORDERLY SUBDIVISION OF OTHER LAND IN THE AREA.

SO CURRENTLY VACANT PROPERTIES ON THE NORTH SIDE OF WEST THOMPSON EXIST AT THIS LOCATION AND ARE IN DEVELOPMENT PHASES AND WILL BE REQUIRED TO CONSTRUCT CURBS.

[INAUDIBLE] EVERYBODY IS FAMILIAR WITH THE LOW WATER CROSSING ON WEST THOMPSON STREET THAT PUBLIC WORKS EVENTUALLY HAD TO PUT GATES UP TO KEEP PEOPLE FROM TRYING TO DRIVE OVER WHEN THAT STREET FLOODS.

SO BUT THE PROJECT BEING CONSIDERED ON WEST THOMPSON STREET WILL CORRECT THE WATER FROM OVERFLOWING IN THE STREET THERE.

IF WE DID BUILD CURBS ON THE SCHOOL PROPERTY BECAUSE OF THOMPSON STREET BEING RECONSTRUCTED AND THE RAISED TO ACCOMMODATE A LARGE CULVERT VERY WELL MAY REQUIRE CARRYING OUT A BRAND NEW CURB AND REBUILDING IT TO A NEW GRADE.

SO ANYWAY, HERE'S A MAP OF THE NEIGHBORHOOD, AND IT'S A LITTLE BIT DIFFERENT.

WE USUALLY SEE BECAUSE WE HAVE EXISTING CURBS SHOWN IN SOLID YELLOW.

AND THEN WE HAVE PROPOSED CURBS SHOWN IN KIND OF A DASHED LINE, AND YOU'LL SEE THOSE ALONG THE NORTH SIDE OF THOMPSON STREET AT THIS LOCATION. ALSO, YOU SEE A DASHED CURB ON DEER PARK FROM UP NORTH OF THOMPSON STREET.

ALSO, THERE WILL BE PROPOSED SIDEWALKS IN ACCORDANCE WITH THE MASTER PLAN FOR A MINOR ARTERIAL, AND THOSE WILL BE OF AT LEAST A SIX FOOT SIDEWALK TO ACCOMMODATE A HIKE AND BIKE TRAIL.

SO. SO THERE'S THE MAP.

IT'S FAIRLY CORRECT.

SO THAT WOULD CONCLUDE MY PRESENTATION.

OKAY. THANK YOU, EARL.

OKAY, SO LET'S TAKE THESE ITEMS INDIVIDUALLY AGAIN.

ITEM NUMBER TEN IS FOR A VARIANCE.

THERE'S SOMEBODY FROM CITY FOR DISD.

OH, OKAY. PERFECT, PERFECT. OKAY. THANK YOU FOR BRINGING THAT TO MY ATTENTION.

HER NAME IS CINDY TATUM.

CINDY TATUM. OKAY.

CINDY, ARE YOU ONLINE WITH US? IF YOU ARE ONLINE, I CANNOT HEAR YOU.

YOU'RE MUTED IF YOU CAN HEAR US.

CINDY, CAN YOU UNMUTE IF YOU CAN HEAR US? CINDY.

[00:35:11]

CINDY TATUM, ARE YOU WITH THIS? IF YOU CAN HEAR ME, YOU ARE MUTED AND WE CANNOT HEAR YOU.

OKAY. OKAY.

GOING ONCE, GOING TWICE.

FINAL TIME. CINDY TATUM.

OKAY. ANY OTHER PEOPLE WISHING TO SPEAK ON THIS PARTICULAR ISSUE? OKAY, SO GOING ON TO ITEM NUMBER TEN IS FOR CURB REQUESTS FOR CURBING GUTTER VARIANTS ALONG WEST THOMPSON STREET. ARE THERE ANY COMMENTS OR QUESTIONS FURTHER QUESTIONS FOR STAFF OR ANYBODY ELSE? IS THIS A REQUEST FROM THE SCHOOL? IS THAT WHAT I'M READING? THAT'S WHAT IT SOUNDS LIKE IT'S A REQUEST FROM OUR SCHOOL DISTRICT, TO NOT BUILD A CURB AND GUTTER.

I GUESS I'M NOT FOLLOWING WHY THEY NEED CURBS ON THE OPPOSITE SIDE OF THE STREET FROM THE SCHOOL.

OH, THIS IS NOT THE OPPOSITE SIDE OF THE STREET.

YEAH, RIGHT.

YEAH.

THIS WOULD BE IN FRONT OF THAT PARKING LOT IMMEDIATELY TO THE EAST OF THE SO THESE WILL BE COMING IN WITH THAT YES, YES. OKAY.

I WAS LOOKING AT ALL THE OTHER LITTLE DOTTED LINES THAT SAID PROPOSED CURB.

WHAT WE ARE TALKING ABOUT HERE IS THE GAP IN THERE.

I GOT YOU. MAKES 100% SENSE NOW.

OKAY. ANY COMMENTS? QUESTIONS? COMMISSIONER CROSS.

I WOULD THINK WITH THINGS THAT ARE IN THE WORKS TO DO SOME CHANGES IN THE SCHOOL DISTRICT IT WOULD BE BETTER TO PUT THIS ON HOLD ON THE SCHOOL SIDE.

I DON'T THINK WE SHOULD DO ANYTHING RIGHT NOW AS FAR AS INVESTMENT.

IS THAT WHAT EARL WAS SAYING IS THAT THERE IS SOME IMPROVEMENTS PLANNED FOR THIS? SOME CHANGES PLANNED.

I DIDN'T QUITE HEAR THAT.

POSSIBILITY OF THIS MIGHT NOT BE HOUSING AS MANY STUDENTS IN THE FUTURE AND.

CINDY TATUM IS ON NOW.

COMMISSIONER, IF I MAY ADD SOME CONTEXT, THE NEED FOR PLATTING EXISTS BECAUSE THE SCHOOL DISTRICT HAS A GREATER NEED OF ADDING PORTABLE BUILDINGS TO FACILITATE THE TWO CAMPUSES BEING OVERCROWDED.

SO WITHOUT SPEAKING FOR STAFF, IF I'M UNDERSTANDING CORRECTLY, THIS ISSUE IS THIS IS A NEED TO CLEAR UP AN OBSTACLE TO THE SCHOOL DISTRICT, ADDING THOSE TEMPORARY BUILDINGS, IRREGARDLESS OF WHAT THEIR GROWTH PLAN IS.

THEY HAVE TO MAKE THIS HAPPEN TO HOUSE STUDENTS.

THE PLATTING PIECE IS WHAT HAS TRIGGERED THE REQUEST FOR THE VARIANCE, IF I'M UNDERSTANDING THAT CORRECT.

BEFORE THE PLAT COULD BE FILED.

AND IT'S MY UNDERSTANDING THAT THEIR CONCERN IS THAT THEY'RE JUST PUTTING IN PORTABLES AND THIS IS AN EXPENSE THAT, YOU KNOW, IS GREAT JUST FOR THE PORTABLES.

I GUESS MY QUESTION, THOUGH, IS THIS FOLLOWS THE PROPERTY INDEFINITELY, CORRECT? IF IF THIS VARIANCE GETS APPROVED, THEN.

WHAT HAPPENS? JUST ELABORATE AGAIN AND REMIND US WHAT HAPPENS THE NEXT TIME A BUILDING PERMIT GETS IS REQUESTED TO BE PULLED FOR ANY OTHER IMPROVEMENT? DO WE HAVE TO GO BACK THROUGH THIS PROCESS OR IS THAT VARIANCE IN PLACE AND IN PERPETUITY? IF MEMORY SERVES ME, I THINK THE INTERPRETATION BY THE PREVIOUS LAND USE ATTORNEY WAS THAT THE VARIANCE GOES WITH THE PROPERTY IN PERPETUITY.

THAT'S WHAT I UNDERSTOOD.

WELL, THAT WOULD BE MY ONLY CONCERN AS COMMISSIONER IS GRANTING THIS MEANS THAT WE WOULD NOT HAVE A CARBON GUTTER THERE FOR POTENTIALLY FOREVER.

IF THE USE OF THAT PROPERTY CHANGED IT WOULD STILL FOLLOW IT.

[00:40:02]

IS THAT WHAT YOU'RE SAYING? THAT'S WHAT I UNDERSTOOD.

WELL, IT'S NOT THE OWNER ANYMORE.

I MEAN, I THINK IF AN OWNERSHIP CHANGED, IT WOULD NOT GO WITH THE PROPERTY.

IS THAT NOT MY UNDERSTANDING? WELL, AGAIN, THAT WAS THE FORMER LAND USE ATTORNEY'S INTERPRETATION.

HOWEVER, CHERYL DID REMIND ME THAT WHEN IT CAME TO CITY COUNCIL, A VARIANCE APPLICATION CAME TO CITY COUNCIL AND I BELIEVE IT WAS THE CITY'S PROPERTY.

THEY DID SOMETHING A LITTLE DIFFERENTLY.

THE VARIANCE ONLY APPLIED TO THAT PARTICULAR SCENARIO.

IF THEY DID SOMETHING ELSE ON THE PROPERTY OR BUILT ANOTHER STRUCTURE, THEN THEY WOULD HAVE TO REAPPLY FOR THE VARIANCE.

YEAH I THINK THAT'S IMPORTANT.

PERSONALLY, I WOULD THINK THAT THAT DIFFERENCE IS.

ARE YOU SAYING THAT'S SOMETHING THAT WE COULD.

IF IT'S CASE BY CASE, IT'S.

SAY THAT AGAIN, TERRY.

ARE YOU SAYING THAT WE COULD RECOMMEND THAT ON THIS PARTICULAR SITUATION? I WOULD HAVE TO LEAVE THAT UP TO THE LEGAL I'M JUST NOT CLEAR ABOUT THAT.

AND I THINK WE DID TALK A LITTLE BIT TO THE COUNCIL ABOUT IT, AND THAT WAS THEIR CONCERN AS WELL.

BUT IT SOUNDED LIKE THE WHOEVER THE ATTORNEY WAS THERE, I BELIEVE IT WAS PATRICIA AT THE TIME SAID THAT THEY COULD THEY COULD DO IT.

FOR MY PART, THIS IS THE SCHOOL WE'RE TALKING ABOUT.

I THINK WE NEED TO BE HELPFUL TO THE SCHOOL IF THIS IS SOMETHING THEY NEED IN ORDER TO MOVE AHEAD WITH THEIR PLANS, YOU KNOW, THEIR GOVERNMENTAL BODY, THEY'VE GOT AN INTEREST IN PUBLIC WELFARE JUST AS MUCH AS WE DO . AT THIS PARTICULAR ITEM ALL WE'RE TALKING ABOUT IS THE CURB AND GUTTERING ADJOINING THE PARKING LOT.

THAT'S CORRECT. WHICH, YOU KNOW, IS THE PARKING LOT GETS REDESIGNED PERIODICALLY.

THERE MAY BE NEW ENTRANCES AND EXITS.

I DON'T KNOW. I JUST DO NOT HAVE AN ISSUE WITH THIS PARTICULAR REQUEST.

OBVIOUSLY WHEN WE SHOULD BE REQUIRING THEM TO BEAR THE ADDITIONAL EXPENSE PUTTING CURB AND GUTTERING ALONG THE PARKING LOT WHEN ALL THEY'RE TRYING TO DO IS GET IT REPLANTED SO THEY CAN SPEND A SMALL FORTUNE PUTTING UP.

I AGREE TO AN EXTENT IT'S COSTING THEM MONEY TOO.

IT'S NOT ANOTHER GOVERNMENTAL ENTITY THAT.

THAT WE ALL ARE SUPPORTING.

SO IT'S REALLY ALL THE TAXPAYERS.

AND UNLESS THE ROAD IS COMPLETELY TORN OUT AND WIDENED, IT LOOKS LIKE THE CURB AND GUTTER WOULD BE IN PLACE NO MATTER WHAT THE SCHOOL DID ON THE PROPERTY TO INFINITY.

THEY MAY HAVE TO CUT IN A DRIVEWAY IF THEY RECONFIGURE THE PARKING LOTS OR DO ANYTHING LIKE THAT.

BUT THAT'S A FAIRLY SIMPLE TASK TO DO.

BUT IF THEY DO THE CURB AND GUTTER NOW, IT'S DONE FOREVER.

WE DON'T HAVE TO REVISIT THIS.

IF THEY DECIDE TO PUT MORE BUILDINGS OUT LATER ON OR IF SOMETHING ELSE CHANGES AND IT MAKES IT COHESIVE WITH EVERYTHING ELSE, THAT'S IN THE AREA.

AND I AGREE. I MEAN, I'M A TAXPAYER.

I HATE TO SEE YA SPEND A LOT OF MONEY, BUT I HATE TO TELL ONE PERSON YOU CAN DO IT AND ANOTHER PERSON YOU CAN'T.

CAN WE MAKE A.

CAN A MEMBER MAKE A RECOMMENDATION FOR APPROVAL CONTINGENT UPON IT JUST BEING FOR THIS PARTICULAR REQUEST? SO WHAT? IT SOUNDS LIKE CITY COUNCIL.

I KNOW WHICH ONE YOU'RE TALKING ABOUT THAT THEY DID THAT BEFORE.

AND IT'S OVER THERE BY THE WATER TREATMENT PLANT.

THAT'S RIGHT. RIGHT.

SO. SO IF THEY APPROVED IT BASED ON IT JUST BEING THIS PARTICULAR REQUEST AND NOT SOMETHING THAT WOULD CARRY WITH THE PROPERTY IN PERPETUITY CAN WE MAKE A SIMILAR RECOMMENDATION? IS MY QUESTION.

MY ONLY CONCERN THERE JUST BECAUSE WE'RE CONFUSED ABOUT CURB AND GUTTER ALONG THE EDGE OF THE PARKING LOT.

[00:45:17]

OKAY. MR. CHAIRMAN, IF THIS BODY IN AN ADVISORY FASHION MADE THE RECOMMENDATION TO APPROVE THE VARIANCE, IT WOULD STILL HAVE TO LAND FOR FINAL APPROVAL AT CITY COUNCIL.

THAT'S TRUE. THUS ALLOWING TIME FOR LEGAL TO CONSULT THAT ELECTED BODY AS TO A PROPER DIRECTION FOR PRECEDENCE IN PERPETUITY. THAT'S SOMETHING TO CONSIDER.

YEAH. AND I THINK AT LEAST IT WOULD BE MY RECOMMENDATION TO INCLUDE WORDING IN THAT THAT WAS A CONCERN OF OURS IS HOW LONG DOES THIS VARIANCE TAKE EFFECT.

IN OTHER WORDS, IS THERE ANOTHER TIME THAT THEY IF THEY'RE GOING TO PULL A BUILDING PERMIT TO DO ANOTHER PROJECT, DO WE NEED TO THEN LOOK AT THAT AGAIN? SO, I MEAN, I WOULD BE IN FAVOR OF APPROVING THIS TO ALLOW THEM TO GO FOR AS LONG AS IT WAS TREATED IN THE SAME MANNER AS THE WATER TREATMENT PLANT WAS DONE, WHERE THIS WAS A CASE BY CASE BASIS.

AND AS WE'RE LOOKING AT THIS PARTICULAR CASE, I WOULD BE AGREEABLE TO APPROVE THIS VARIANCE REQUEST. WELL, HERE'S MY ISSUE, IS THAT WE JUST TOLD SOMEBODY ELSE THAT WE DENIED THEIR VARIANCE REQUESTS.

AND HOW MANY FEET DO THEY HAVE ABOUT 400 THAT WE SAID.

AND THEN WE'RE GOING TO TELL THE SCHOOL THAT IT'S OKAY IF YOU DON'T PUT IT IN.

I SEE THAT TOO.

ONE OF THE CONSIDERATIONS IN THE OTHER ONE ON ABOUT THE WATER TREATMENT PLANT WAS THE ADDITIONAL DIRT WORK THAT WAS GOING TO BE REQUIRED BY THE CITY.

AND I THINK THE COST ESTIMATE WAS THREE QUARTERS OF A MILLION OR $1,000,000 IN DOING JUST THE DIRT WORK ITSELF ALONG THE ROAD AND THEN THE CURB AND GUTTERS IN ADDITION TO THAT.

AND AT THE TIME I VOTED AGAINST IT IN MY THOUGHT WAS AS BEING GOOD STEWARDS OF THE MONEY, WHETHER IT'S THE CITY OR THE SCHOOL OR AN INDIVIDUAL.

IT JUST DIDN'T MAKE SENSE TO TELL THEM YOU HAVE TO SPEND $1,000,000 TO BUILD A $30,000 BUILDING.

AND THAT WAS THE THOUGHT.

AND SO IN THIS CASE IT'S 400 FEET OF CURB AND GUTTER.

YES, I'D SAY DO IT AND BE DONE.

ITEM FOUR SPECIFIES IF CURBS WERE TO BE CONSTRUCTED ON SCHOOL PROPERTY AT THIS TIME, THEY MAY HAVE TO BE REMOVED, REPLACED TO ACCOMMODATE STREET ELEVATION CHANGES. WELL, THEY MAY HAVE, BUT THERE'S UNLESS THERE'S A PLAN TO REDO THE STREET, THEY SHOULDN'T BE.

THEY'D HAVE TO CUT IN DRIVEWAYS.

BUT I MEAN, I DON'T KNOW THE LONG RANGE PLANS FOR THE SCHOOLS BUT.

AND EARL I DON'T MEAN TO PUT YOU ON THE SPOT, BUT DO YOU RECALL THIS CONVERSATION AND WHAT HAPPENED WITH THAT CITY'S PROPERTY? DID THE PLANNING AND ZONING COMMISSION STIPULATE A CONDITION? AS I RECALL, YES.

AND LIKE JOHN WAS MENTIONING, IT WAS GOING TO COST LIKE $1,000,000 TO PUT STORM SEWER AND STUFF AND TO BUILD THE CURB.

SO, YOU KNOW, WE WERE JUST BUILDING LIKE A $20,000 SHED OUT.

SO IN THIS PARTICULAR CASE, AND I'M GOING TO SAY SOMETHING IN RESPONSE TO EILEEN THAT IF THERE'S [INAUDIBLE] MORE BUILT BY THE SCHOOL NOW AND THE RECONSTRUCTION OF THOMPSON STREET CHANGED THE GRADE, THEN THAT CONTRACTOR OR THAT DEVELOPER, IF HE HAD TO MODIFY THE GRADE AND TAKE THAT CURB OUT, HE WOULD HAVE TO REPLACE IT.

OKAY. SO, SO THE CURB, EVEN IF WE HAD TO MODIFY THE STREET GRADES, IF THE CURB'S THERE, WE'LL PUT THE CURVE BACK.

SO. I JUST I HAVEN'T SEEN DESIGN PLANS.

I DON'T KNOW HOW THOMPSON STREET'S GOING TO HAVE TO BE REGRADED AND STOPPED TO ACCOMMODATE [INAUDIBLE].

OKAY. I THINK WE'VE DISCUSSED THIS QUITE A BIT.

SO ARE THERE ANY OTHER QUESTIONS OR COMMENTS? OKAY. IF YOU GIVE US A LITTLE BIT OF TIME, CHERYL'S LOOKING UP THE MINUTES AND MAYBE WE CAN FIND THE WORDING, THE SPECIFIC WORDING TO HELP YOU.

CINDY TATUM MAYBE SHE WANTS.

[00:50:01]

YEAH. THAT'S A GOOD POINT.

THAT'S A GOOD POINT. CINDY TATUM, ARE YOU WITH US? I HAVE. YES, I HAVE.

I'M SORRY. I WAS HAVING TECHNICAL DIFFICULTIES EARLIER.

THAT'S FINE. DO YOU HAVE SOMETHING YOU WOULD LIKE TO SHARE WITH US WITH REGARD TO THESE ITEMS, THESE VARIANCE REQUESTS? YOU KNOW, WE JUST THE SCHOOL DISTRICT NEEDS TO GET THE PORTABLE BUILDING IN THERE.

WE WERE HOPING TO DO IT OVER CHRISTMAS BREAK, IF WE COULD, IF THIS VARIANCE WAS APPROVED.

YOU KNOW, AND I UNDERSTAND THE NEED FOR THE CURB AND THE GUTTERS AND THINGS, BUT JUST RIGHT NOW, THAT'S A LOT OF MONEY WHEN WE'RE GOING TO PROBABLY MAYBE GO OUT FOR A BOND TO NOT EVEN USE THAT FACILITY ANYMORE.

NOT USE WHAT FACILITY? WHAT FACILITY? THE FACILITY.

I GOT YOU. OKAY.

I SEE WHAT YOU'RE SAYING.

OKAY. HOW MUCH IS THE COST OF THE PORTABLE BUILDING THAT YOU'RE PUTTING IN? I THINK IT'S $195,000.

BUT WITH THE ELECTRICITY AND EVERYTHING ELSE, IT'D BE OVER 100.

OKAY. ONE BUILDING OR TWO OR HOW MANY BUILDINGS ARE WE TALKING ABOUT, CINDY? JUST ONE. ONE BUILDING HOUSING, TWO CLASSROOMS. ONE THIS YEAR? YES. ONE THIS YEAR. THERE ARE ALREADY TWO THERE.

THIS WOULD BE THE THIRD.

OKAY. DID YOU FIND THAT? ANY OTHER COMMENTS, CINDY? NO, UNLESS Y'ALL HAVE ANY QUESTIONS OF ME.

OKAY. ANYBODY HAVE ANY QUESTIONS OF CINDY? DO YOU ANTICIPATE ENROLLMENT TO INCREASE ENOUGH THAT YOU'LL BE PUTTING MORE PORTABLES NEXT YEAR AND THE FOLLOWING YEAR? WELL, THAT'S ALL DEPENDENT UPON.

WELL WITHIN THE NEXT TWO YEARS? YES. NO, NO, I DON'T SEE I THINK WE HAVE SOME SMALLER GRADES COMING UP THAT EVEN IF THE OTHER GRADES GREW, WE WOULD BE ABLE TO SUSTAIN WITH THREE PORTABLE BUILDINGS.

OKAY. THANK YOU.

I FOUND THE MINUTES. AND FOR THE CURB GUTTER FOR THE WASTE TREATMENT P&Z DENIED IT, RECOMMENDED DENIAL. AND THEN WHAT HAPPENED WAS, WHEN IT WENT TO CITY COUNCIL, THEY'RE THE ONES THAT.

YEAH, THEY CHANGED IT, BUT WHAT WAS THE WORDING? THEY RECOMMENDED THAT WHEN THE NEXT BUILDING, THE BIG BUILDING, CAME IN, THAT THAT'S WHEN THEY WOULD HAVE TO DO THE.

THEY WOULD REVISIT THIS PARTICULAR TOPIC? RIGHT. SO IT WAS BASED ON THAT INDIVIDUAL CASE.

OKAY. SO IF WE WERE TO PROCEED, IT SOUNDS LIKE WE COULD MAKE A MOTION TO PROCEED BASED ON THIS INDIVIDUAL CASE.

INDIVIDUAL CASE WITH WHAT THE FACTS SURROUNDING THIS PARTICULAR REQUEST.

AND THEN THAT WOULD GIVE STAFF AND LEGAL TIME TO THEN AGAIN REVIEW THAT AND GIVE ALL OF THAT INFORMATION OVER TO. AND AND CHERYL'S CHECKING THE MINUTES FOR CITY COUNCIL.

OH, I THOUGHT THAT'S WHAT I THOUGHT THAT.

NO THAT WAS P&Z.

OH OKAY.

CONDITIONS. OKAY SO PER THE RED.

THE RED YES. FOR CITY COUNCIL MEETING ON OCTOBER 11TH, 2021, CURB AND GUTTER VARIANCE HAS BEEN APPROVED AND CURB AND GUTTER DOES NOT NEED TO BE CONSTRUCTED AT THIS TIME. THE CURB AND GUTTER VARIANCE IS NOT PERMANENT.

IF THIS OR ANY OTHER ANY FUTURE PROPERTY OWNER REQUESTS ADDITIONAL PERMITS TO MAKE IMPROVEMENTS, THE PERMIT APPLICATION WILL NEED TO BE REVIEWED TO DETERMINE THE NEED FOR CURB AND GUTTER.

WHAT WAS THE MOTION AT THE MEETING AT THE CITY COUNCIL MEETING? DO YOU HAVE? THEY RECOMMENDED DENIAL AT CITY COUNCIL? NO. CITY COUNCIL WHAT WAS THE MOTION?

[00:55:12]

IT'S. I'M GOING TO GUESS THAT IT WAS SOMETHING TO THE EFFECT OF THE VARIANCE WAS GRANTED TO ENDURE UNTIL ISSUANCE OF ANY FUTURE BUILDING PERMIT.

SO DOES THE MATTER HAVE TO BE REVISITED? WHAT WOULD TRIGGER REVISITING IT WOULD BE THE REQUEST FOR ANOTHER BUILDING PERMIT.

WILL, IF I MAY, I MIGHT REMIND US.

SO AT THE WASTEWATER PLANT, WE'RE CONTEMPLATING AND PROBABLY PREDICTING A MAJOR EXPANSION PROJECT AT THE WASTEWATER PLANT WITH THE CURRENT COST ESTIMATES AROUND THE $20 MILLION DOLLAR RANGE.

OKAY. AND I THINK IT WAS KIND OF DECIDED THAT WHEN THAT PROJECT COMES ALONG, THE CITY WOULD CONSIDER LOOK REAL HARD IT INCLUDING CURB AND GUTTER AND STORM SEWER AND EVERYTHING ASSOCIATED WITH THAT FOR THE STREET ALONG THE FRONTAGE.

SO I THINK THAT'S AS I RECALL, THAT'S KIND OF THE [INAUDIBLE] OR THAT THAT THAT VARIANCE WAS GRANTED FOR.

OKAY. ARE WE GOING TO BE ABLE TO FIND THE VERBIAGE.

CAN WE MAKE A MOTION? OH ON THAT WEBSITE.

I THINK WE SHOULD JUST MAKE A MOTION EITHER APPROVING OR DENYING THE REQUEST.

LET THE COUNCIL WORRY ABOUT IT.

THE COUNCIL IS GOING TO DO WHAT THEY WANT TO DO ANYWAY.

AND THAT'S A FAIR POINT AS WELL.

ONE THING I CAN'T GET OVER IS IF WE END UP BUILDING A NEW SCHOOL SOMEWHERE ELSE, ALL OF THIS BECOMES PROPERTY THAT GETS SOLD AND TO SOMEBODY ELSE FOR SOMETHING ELSE THEY'RE GOING TO YEAH I MEAN THEY ARE GOING TO PUT IN A CURB AND GUTTER. IT NEEDS TO BE CURBED AND GUTTED AND EVERYTHING ELSE THERE WILL BE YEAH. YEAH.

I MEAN, THE ONLY REAL CONSIDERATION HERE IN MY MIND OF NOT OF IN GRANTING THE VARIANCE IS JUST MONEY, BUT IT NEEDS TO BE DONE.

WHICH IS HAS BEEN BROUGHT UP FOR YEARS THAT WE CAN'T USE THAT AS A REASON TO APPROVE A VARIANCE.

MONEY IS NOT SUPPOSED TO BE A FACTOR.

IF A MOTION IF THE VARIANCE WERE DENIED, COULD WE PUT A CONDITION ON THAT? THEY COULD GO AHEAD AND START GETTING THE BUILDINGS IN, BUT THEY COULDN'T GET THE CO UNTIL THE CURBS AND GUTTERS WERE IN OR SOMETHING TO THAT EFFECT WHERE THEY COULD GO AHEAD AND MOVE FORWARD AND GET THE KIDS IN THE CLASSROOMS THAT PUT IN THE CURBS OR GIVE THEM A CERTAIN.

PUT UP A BOND AND HAVE A COMPLETION BY A CERTAIN DATE.

COULD THAT BE DONE? I THINK THAT'S A GOOD QUESTION.

CAN WE MAKE THAT RECOMMENDATION? I'D LIKE TO SAY. YEAH.

RIGHT? YEAH.

ELECTRICITY AND WATER.

THAT'S IT. RIGHT.

OKAY. IT MAY NOT. MAY NOT BE ABLE TO GET THAT DONE.

OR PUT MONEY UP.

I THINK WE'VE HAD SOME CONTRACTORS SET MONEY ASIDE FOR LATER CONSTRUCTION.

I MEAN, MAYBE SOMETHING LIKE THAT COULD BE DONE.

WELL. YEAH, THAT'S A GOOD POINT, TOO.

THAT'S A GOOD QUICK REQUEST TOO.

THAT'S A GOOD COMMENT, TOO.

I THINK WE'VE HAD A LOT OF GOOD COMMENTS.

CAN WE READ THAT? CAN WE.

I CAN READ IT FOR YOU.

READ IT FOR US. YEAH.

COUNCIL MEMBER CARPENTER MOVED TO APPROVE THE VARIANCE V 2021-11 AS PRESENTED.

COUNCIL MEMBER HAYES SECONDED THE MOTION.

COUNCIL MEMBER ALLEN MOVED TO MAKE AN AMENDMENT TO THE MOTION GRANTING THE VARIANCE TO THIS ONE PROJECT ONLY.

COUNCIL MEMBER HILTON SECONDED THE MOTION.

THE AMENDED MOTION PASSED 6 1 0 WITH COUNCIL MEMBER CARPENTER OPPOSED.

[01:00:05]

COUNCIL PROCEEDED TO VOTE ON THE ORIGINAL MOTION.

THE MOTION WAS 1 6 0, WITH COUNCIL MEMBER CARPENTER IN FAVOR AND THE REMAINDER OF THE COUNCIL IN OPPOSITION.

OKAY. ALL RIGHT.

THANK YOU. ALL RIGHT.

WELL, THAT GIVES US SOME BACKGROUND.

LET'S SEE IF WE CAN GET A MOTION TO MOVE FORWARD.

IT'S BEEN I THINK IT'S BEEN STATED THAT THE CITY COUNCIL IS GOING TO TAKE OUR RECOMMENDATION.

THEY'RE GOING TO DO WHAT THEY'RE GOING TO MAKE.

THEY'RE THE DECISION MAKERS ANYWAY.

SO LET'S MAKE A MOTION.

SO LET ME CAN I JUST SAY ONE THING OR ASK DEDRA ONE THING, BECAUSE I KNOW THEY'VE DONE THIS IN THE PAST.

WE'VE DENIED THE VARIANCE REQUEST, BUT THEY JUST PUT THE MONEY ASIDE TO DO THE CURB LATER.

IT'S MY UNDERSTANDING, AGAIN, THE COST, BECAUSE THEY'RE GOING TO HAVE TO GIVE US AN ESTIMATE OF WHAT IT WOULD COST TO ESCROW THE MONEY SO THAT THAT WOULD BE PROBLEMATIC FOR THEM.

OKAY. OKAY.

ITEM NUMBER TEN, WE'RE LOOKING FOR A MOTION.

REGARDING THE CURB AND GUTTER VARIANCE REQUEST FOR THOMPSON STREET.

CAN I GET A MOTION? Y'ALL WON'T LIKE MY MOTION.

THEY'RE THE ESSENTIALLY THE PROPERTY OWNERS.

THEY'RE THE ONES IN CONTROL OF THIS PROPERTY.

SO THEY HAVE TO MAKE THE VARIANCE REQUEST.

THEY'RE NOT BUILDING ANYTHING THEY HAVE BEEN THERE FOR.

THEY'RE HAVING TO REPLAT BECAUSE THEY'RE BRINGING IN A BUILDING.

YEAH, THEY PLATED IT.

BRINGING IN A PORTABLE? YES. WELL, THE REASON THEY PLATTED IT IS BECAUSE THE PROPERTY WASN'T PLATTED.

NEVER BEEN PLATTED. YEAH.

IN 1971, BEFORE WE HAD ALL THESE REQUIREMENTS.

YEAH. AND THEY HAD TALKED TO US ABOUT.

YEAH. WE'VE GOT, QUITE A FEW PROPERTIES LIKE THAT.

SAME, AS EVERY OTHER PROPERTY IN TOWN REALLY? MM HMM. AND IT'S.

THAT'S A MAJORITY OF WHAT WE DO, I THINK.

OKAY, WITH RESPECT, MY POSITION HAS NOT CHANGED.

I KNOW SOME OF Y'ALL MAY NOT AGREE WITH THIS, BUT IF YOU NEED A MOTION, MY MOTION IS THAT WE GRANT THIS REQUEST.

OKAY. I HAVE A MOTION FROM COMMISSIONER WOODRUFF TO APPROVE THE VARIANCE REQUEST.

SECOND IT.

AND WE HAVE A SECOND FROM COMMISSIONER CROSS.

AYE. ALL THOSE OPPOSED SAY NAY.

NAY. ALL RIGHT.

SO THE MOTION DOES NOT CARRY.

SO IT SOUNDS LIKE WE NEED ANOTHER MOTION TO DENY THE VARIANCE REQUEST.

RIGHT? OR IS IT JUST AUTOMATICALLY DENIED.

GOES LIKE THAT I THINK.

I DON'T THINK IT'S AUTOMATICALLY DENIED.

OKAY, WE NEED ANOTHER MOTION.

MAKE A MOTION. SO I NEED SOMEONE TO MAKE A MOTION TO DENY.

I'LL MAKE A MOTION TO DENY THE VARIANCE REQUEST.

WE HAVE A MOTION TO DENY THE VARIANCE REQUEST FROM COMMISSIONER BERUBE.

I'LL SECOND IT. AND A SECOND FROM COMMISSIONER LANIER.

AYE. ALL THOSE OPPOSED SAY NAY.

NAY. ALL RIGHT. THE MOTION TO DENY THE VARIANCE REQUEST PASSED 3 TO 2.

OKAY. MOVING ON TO ITEM NUMBER 11.

THIS IS SIDEWALKS FOR THOMPSON STREET.

THIS IS A REQUEST TO A VARIANCE REQUEST NOT TO BUILD SIDEWALKS WHERE THEY ARE NOT BUILT ALONG THOMPSON STREET.

ANY DISCUSSION OR QUESTIONS.

OKAY. I NEED A MOTION.

I'LL MAKE A MOTION TO APPROVE THAT VARIANCE REQUEST.

AND I'LL SECOND THAT.

OKAY. WE HAVE A MOTION TO APPROVE AND A SECOND TO APPROVE THE VARIANCE REQUEST FROM COMMISSIONERS BERUBE AND COMMISSIONER LANIER.

OKAY. ITEM NUMBER 11 IS THE VARIANCE REQUEST FOR SIDEWALKS ALONG EAGLE DRIVE.

RIGHT. YEAH.

WE JUST DID THOMPSON STREET.

SO I SAID, DID I SAY 11? I MEANT 12. I'M SORRY.

ITEM NUMBER 12.

MOVING ON TO ITEM NUMBER 12 IS THE VARIANCE REQUEST FOR TO NOT BUILD SIDEWALKS ALONG EAGLE DRIVE.

[01:05:04]

I NEED A MOTION TO APPROVE OR DENY THAT REQUEST.

I WILL MOVE THAT WE APPROVE THAT REQUEST.

ALL RIGHT. WE HAVE A MOTION FROM COMMISSIONER WOODRUFF TO APPROVE THE VARIANCE REQUEST.

NEED A SECOND? I'LL SECOND THAT. SECONDED BY COMMISSIONER BERUBE.