[ITEM 2: RP2023-01 Commission to hear comments and take action to make a recommendation to the City Council regarding a request to final plat Lot 2A, Block 111, South Decatur Addition, being approximately a 0.30 acre tract of land in the City of Decatur, Wise County, Texas and being a replat of part of Lots 2 & 3, Block 111, South Decatur Addition, more commonly referred to as 259 East Walker Street, Decatur, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application RP2023-01—Mr. Tommy Burks, on behalf of property owner Pat Miller)]

COMMISSIONERS ANY QUESTIONS? YEAH.

I'M SORRY, PAM. WHAT WAS THAT? OH, I SEE. 249 VERSES 259.

DEDRA HAS THE ADJOINING LOT LOOKS LIKE 1603 HATCHER HAS THAT ALREADY BEEN REPLATED? IT'S NOT THAT COME OUT OF THE SAME BLOCKS OF LOTS THAT THIS DOES.

1603 HATCHER.

I'M ASSUMING THAT PROPERTY AND THIS PROPERTY WERE BOTH OUT OF THE SAME LOTS.

I WAS JUST WONDERING IF THEY'D ALREADY BEEN REPLATED.

ATTACHMENT TWO. THEY HAVE DIFFERENT NAMES.

TELL THEM TO ME. INDICATES DIFFERENT OWNERS.

YEAH. SEPARATE OWNERS.

WELL, IF IT HASN'T ALREADY BEEN REPLATED, I ASSUME IF THOSE OWNERS COME IN FOR SOME SORT OF AN APPLICATION AT SOME POINT, THAT'S WHEN IT WOULD BE REPLATED.

OKAY. I DON'T HAVE ANY OBJECTION TO THIS REPLAT.

OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION TO EITHER ACCEPT OR DENY.

I WOULD MOVE THAT. DID WE HAVE THE PUBLIC HEARING YET? OH, NO, NO, NO, NO, NO.

THERE ARE NO PUBLIC HEARINGS. OH, I THOUGHT THIS SAYS PUBLIC.

IT IS A PUBLIC HEARING. YEAH IT IS A PUBLIC HEARING.

ARE WE? OH. OH, I AM SO SORRY.

I AM SO SORRY. I DIDN'T.

IT DIDN'T EVEN DAWN ON ME WHERE I WAS.

OKAY, SO THE PUBLIC HEARING, WE CANNOT HAVE ANY COMMENTS OR ANYTHING UNTIL AFTER WE CLOSE IT.

RIGHT. SO I'M GOING TO OPEN THIS PUBLIC HEARING AT 5:35.

AND I WILL CLOSE THIS PUBLIC HEARING AT 5:37.

AND DO WE HAVE ANYBODY HERE WHO WANTS TO SPEAK? OKAY.

[00:05:02]

577 1278.

IT LOOKS LIKE THEY'RE MUTED.

(940) 577-1278. CAN YOU HEAR US? YES. DO YOU WANT TO SPEAK ON THIS PARTICULAR ITEM? I DON'T REALLY KNOW.

I JUST. WELL, IT WAS.

EXCUSE ME. BEFORE YOU DO THAT, CAN YOU GIVE ME YOUR NAME AND ADDRESS, PLEASE? DANIEL RIVAS, 1603 SOUTH HATCHER.

OH, THIS IS ONE OKAY, DANIEL, GO AHEAD.

YES, IT WAS PART OF THE.

I OWN THAT PROPERTY ON THE CORNER THAT ADJOINS WITH THAT LAND.

AND I JUST WONDER WHAT THE DEAL IS WITH THAT FENCE HAVE BEEN IN THERE FOR SO LONG IN THERE, AND I'VE BEEN THERE ABOUT 50 YEARS.

I DON'T KNOW WHAT IT LOOKED LIKE.

THEY SURVEYED AND THEY PUT THEIR STUFF INSIDE THE PROPERTY.

I MEAN, THE PROPERTY LINE.

DID YOU GET THAT, DANIEL? YES. OKAY.

HELLO. I CAN'T HEAR ANYTHING.

OKAY, MR. RIVAS, WHAT HE'S WANTING TO DO IS BUILD A SINGLE FAMILY.

OKAY. BUT THERE I THINK THAT SOME OF THAT LAND IS ON THAT LAND THAT I OWN IN THAT CORNER.

AND THAT FENCE HAS BEEN THERE ABOUT ABOUT 50 YEARS IN THERE.

AND THAT'S I DON'T KNOW IF I'M GRANDFATHERED IN WITH IT OR NOT ON MY LAND.

THAT'S MY PROPERTY. PROPERTY OWNER ADJOINS ON THE SIDE.

ON THE WEST SIDE. COULD Y'ALL PUT UP A COPY OF THE SURVEY? IT'S EXHIBIT TWO.

YEAH, WE'RE JUST GOING BY WHAT THE SURVEYOR HAS PROVIDED US.

MR. REAVIS, AS FAR AS WHAT PROPERTY BELONGS TO MR. MILLER. NOW, IF YOU THINK THAT SOME OF THAT PROPERTY BELONGS TO YOU, YOU MIGHT WANT TO TALK TO MR. MILLER. OKAY.

WELL, WE TALKED ABOUT IT BEFORE AND HE JUST LET ME HE JUST LET IT GO.

HE SAID, I DON'T. BUT THE THING IS, IS THAT LIKE I SAID, IT'S THE FENCE HAS BEEN THERE FOR 50 YEARS AND I OWNED ALL THAT LAND.

I MEAN, I OWNED THAT THING OVER 16 YEARS AGO.

I BOUGHT THAT LAND ON THE WEST SIDE OF IT.

AND I DON'T KNOW, HE TALKED ABOUT IT, BUT HE NEVER DID DO ANYTHING.

I TALKED TO HIM BECAUSE HE LIVED RIGHT BEHIND ME AT THE TIME.

AND MR. REAVIS. NOW WE'RE GOING BY WHAT THE SURVEYOR HAS SURVEYED THAT PROPERTY TO BE.

OKAY THEN. OKAY, THAT'S FINE.

AND THEN IF YOU HAVE ANY QUESTIONS. OKAY.

AND SO IS YOUR CONCERN THAT HE'S TAKING SOME OF YOUR PROPERTY? AND MY PROPERTY THAT I OWN AND IT'S IN, I MEAN THEIR SIDE OR HE'S ON MY SIDE.

I DON'T KNOW WHICH ONE, BUT THE FENCE HAS BEEN OVER 50 YEARS AND I DON'T KNOW IF I CAN BE GRANDFATHERED IN WITH THAT ON MY PROPERTY OR HE HAD TAKE THAT BACK.

I DON'T REALLY KNOW.

OKAY. WE'RE KIND OF LOST TOO.

WELL, I DON'T.

OKAY. WHAT I'D LIKE TO SUGGEST, MR. REAVIS, WOULD YOU COME TO MY OFFICE ON TOMORROW AND MAYBE I CAN TALK TO YOU AND WE CAN GET A BETTER UNDERSTANDING OF WHAT YOUR ISSUE IS? BECAUSE RIGHT NOW, I'M REALLY NOT FOLLOWING WHAT YOUR CONCERN IS.

WHERE IS YOUR OFFICE AT? WE'RE RIGHT NEXT TO THE POLICE STATION AND IN BETWEEN THE POLICE STATION AND THE FIRE STATION.

[00:10:04]

OKAY. WHAT TIME? I WOULD SAY MAYBE AROUND 10 OR 11.

OH, I DON'T KNOW WHERE I'M GOING TO BE AT THAT TIME, BUT I'LL TRY.

I MEAN, IF I DON'T, I GIVE YOU A CALL.

OKAY, THAT'LL BE FINE.

WHAT IS YOUR NUMBER IS IN HERE? OR YOU JUST CALL WHAT NUMBER? I NEED TO CALL. 940.

OKAY, BEFORE. BEFORE I GO, I NEED A I NEED TO CALL BECAUSE MAKE SURE YOU'RE THERE.

940. 393.

0252.

WHAT WAS THE LAST ONE? THE LAST.

FIVE TWO. AS I JUST GOT THE 52.

THE LAST FOUR DIGITS IS CUTTING OUT SOME REASON NOW IT'S CUTTING.

IT'S CUTTING OUT THE LAST.

I DIDN'T GET THE LAST FOUR.

0252. OKAY, I GOT IT.

I GOT IT NOW. CLEAR OUT THEN.

OKAY, WELL, I JUST.

I GIVE YOU A CALL BEFORE I GO DOWN THERE, OKAY? OKAY. THAT WILL BE FINE.

WHO? WHO DO I NEED TO TALK TO? WHO? WHAT IS YOUR NAME? DEDRA RAGLAND.

OH, OKAY.

I KNOW WHO YOU ARE. I KNOW WHO YOU ARE.

I TALKED TO YOU BEFORE.

YES, SIR. OKAY.

WELL, WE THANK YOU ANYWAY.

I JUST HAVE CONCERN THAT AND SEE WHAT WE COME UP WITH.

[LAUGHTER] OKAY, MR. REAVIS, THANK YOU VERY MUCH.

OKAY. THANK YOU. AND BYE BYE.

OKAY, COMMISSIONERS, HAVE YOU ALL HAVE DO YOU ALL HAVE ANY QUESTIONS, COMMENTS OR CONCERNS? JOHN? [INAUDIBLE] WE YEAH, WE CLOSED IT AT 5:37.

OKAY. I'M CURIOUS WHICH SURVEY LINE HE'S TALKING ABOUT ON.

IF WE COULD PUT THE SURVEY BACK ON THE BOARD.

I THINK THERE'S A SENSE.

YEAH, THAT'S A FENCE LINE.

YEAH. AND I DO RECALL ASKING THE SURVEYOR AND MR. DAVIDSON ABOUT THAT AND THEY BOTH SAID THAT MR. MILLER PROPERTY IS ON BOTH SIDES OF THAT FENCE.

WELL, CAN YOU SCROLL DOWN JUST A LITTLE BIT OR SCROLL UP TO WHERE WE CAN SEE THE NAME ON THE TOP LEFT CORNER OF THE SCREEN? OKAY. MR. REAVIS? IS THAT WHO JUST CALLED OKAY. NO, THE WAY IT.

OH YEAH. IT WAS UP THERE.

THE WAY IT LOOKS ON THE SCREEN WHERE THE X'S ARE USUALLY INDICATES THE CURRENT FENCING.

ON THE OTHER SIDE OF THE FENCE. AND IT LOOKS LIKE HIS PROPERTY WILL BECOME LARGER WITH THE NEW FENCE UP THERE.

AM I SEEING THAT CORRECTLY? THAT SHOULD ALLEVIATE HIS CONCERNS.

IF THAT'S IF THAT'S HOW IT IS, HE'LL ACTUALLY HAVE A LARGER YARD ONCE.

MR. RODRIGUEZ AND THE OTHER LOT LOOKS LIKE HE'S GOING TO BE TAKING SOME OF HIS PROPERTY.

YES, POTENTIALLY.

BUT MY ONLY.

SUGGESTION FOR WHAT IT MAY BE WORTH IS JUST ME UNDERSTANDS EXACTLY WHAT'S WHAT.

DEDRA ARE YOU? TALKING ABOUT, MR. REAVIS? YEAH, WELL, EITHER OR BOTH OF THEM.

DEDRA. I'M SORRY.

I'M SORRY. I REALLY THINK WHEN HE SEES THIS, HE WON'T HAVE A PROBLEM.

BUT IN HIS CASE AND THE OTHER PERSON'S CASE, AT SOME POINT YOU HAVE TO TELL HIM IF YOU HAVE A PROPERTY OWNERSHIP ISSUE AND YOU DON'T THINK THAT THE PERSON WHO OBVIOUSLY THE SURVEYOR IS RELYING ON DEEDS, I'M SURE THAT'S WHERE THE SURVEY LINES COME FROM.

BUT IF YOU.

[00:16:07]

I'LL RECOMMEND APPROVAL OF THE PLAT TO THE CITY COUNCIL.

OKAY. I'VE GOT A APPROVAL FROM COMMISSIONER WILL KLOSE.

I NEED A SECOND.

I'LL SECOND IT. OKAY.

I'VE GOT A SECOND FROM COMMISSIONER JOHN LANIER.

ALL IN FAVOR? AYE, AYE.

THOSE OPPOSED. OKAY.

OKAY. NOW WE'RE GOING INTO THE NON PUBLIC HEARING ITEMS.

[ITEM 3: PP2023-02 Commission to take action to make a recommendation to City Council regarding a request to preliminary plat Lots 1-8, Block A; Lots 1X-24, Block B; Lots 1- 10, Block C; Lots 1-31, Block D; Lots 1-29, Block E; Lots 1X-42, Block F; Lots 1-56, Lot G; Lots 1-10, Block H; Lots 1-17, Block I, Lots 1-32, Block J; Lot 1X, Block K; Lots CITY OF DECATUR, TEXAS Development Services  1601 S. State Street  Decatur, TX 76234  (940) 393-0250 voice  (940) 626-4629 fax 1X-29, Block L; Lots 1-52, Block M; Lots 1X-15, Block N; and Lot 1X, Block O, Vista Park, to the City of Decatur, Wise County, Texas being an approximate 89.639-acre tract of land out of the John C. Bullock Survey, Abstract No. 79 and the David Moses Survey, Abstract No. 537, City of Decatur, Wise County, Texas. A complete legal description of the property is found on the plat exhibit located in the staff report. (Application PP2021-04—Mr. Jody Boyd, on behalf of Decatur VP, LLC)]

ITEM THREE DEDRA.

THIS IS THE VISTA PARK PRELIMINARY PLAT IS MR. JODY BOYD'S REQUEST ON BEHALF OF DECATUR VP LLC.

PRELIMINARY PLAT, ALL OF THOSE LOTS.

IT'S AN APPROXIMATE 89.639 ACRE TRACT OF LAND OUT OF THE JOHN C.

BULLOCK SURVEY ABSTRACT NUMBER 79 AND THE DAVID MOSES SURVEY ABSTRACT NUMBER 537 CITY OF DECATUR, WISE COUNTY, TEXAS.

NEXT SLIDE. AND THIS INFORMATION SHOULD HAVE BEEN INCLUDED IN YOUR STAFF REPORT.

THESE ARE THE COMMENTS FROM THE DRC.

WE DID NOT GET A RESPONSE TO OUR COMMENTS UNTIL MONDAY OF THIS WEEK, AND SO STAFF DID NOT HAVE A CHANCE TO REVIEW WHETHER OR NOT ALL OF THE COMMENTS HAVE BEEN ADDRESSED.

THE APPLICANTS HAVE BEEN TOLD THAT THEY HAVE THE OPTION OF REQUESTING AN EXTENSION.

IF NOT, THEN STAFF WOULD HAVE TO RECOMMEND DENIAL OF THIS APPLICATION.

AND SO THEY DID COMPLETE THE EXTENSION AND SUBMITTED IT TO US TODAY.

YESTERDAY. YESTERDAY.

SO STAFF IS RECOMMENDING APPROVAL OF THE 30 DAY EXTENSION.

OKAY. EXTENSION ONLY.

YES. AND APPARENTLY CECIL YOU SHOULD HAVE IT IN FRONT OF YOU TO SIGN.

SO IT WILL BE ON THE NEXT AGENDA.

APRIL'S AGENDA FOR CONSIDERATION BY THE COMMISSION.

COMMISSIONERS ANY QUESTIONS? COMMENTS CONCERNS? DO WE HAVE ANYBODY IN THE AUDIENCE THAT WANTS TO SPEAK ON THIS? HOLD ON JUST A SECOND, JODY.

HELLO. THANK YOU VERY MUCH.

JODY BOYD, 311 SOUTH OAK STREET, ROANOKE, TEXAS.

YOU KNOW, WE ARE IN AN EFFORT TO ADDRESS EVERY COMMENT.

THIS IS A PRELIMINARY PLAT THAT WAS APPROVED OVER A YEAR AGO, SO IT'S EXPIRED.

SO WE HAD TO RESUBMIT IT.

SO WE'RE TRYING TO DO THAT ALONG WITH A FINAL PLAT FOR THE FIRST PHASE OF OUR SUBDIVISION WE'RE DOING BEHIND WALMART.

SO WE'RE HAPPY TO TAKE ANOTHER 30 DAYS TO JOIN THOSE TWO PLATS TOGETHER AND ANSWER ANY FURTHER QUESTIONS THAT STAFF MAY HAVE.

SO WE WOULD ASK FOR A 30 DAY EXTENSION AND WE'LL GET DOWN THE ROAD.

THANK YOU, JODY. THANK YOU, MR. BOYD. JODY? YES, SIR. OUT OF CURIOSITY, HOW MANY SINGLE FAMILY LOTS ARE YOU EXPECTING TO BE IN THIS? CURRENTLY, THE CURRENT OR THE CURRENT ZONING IS 349 SINGLE FAMILY UNITS, SO WE'RE DOING THEM IN PHASES.

THE FIRST PHASE WILL BE ROUGHLY 250 TO 260 SINGLE FAMILY LOTS.

SO MOST OF THEM IN THE FIRST PHASE.

YES, SIR. YEAH.

THE DIRT THAT WE'RE MOVING RIGHT NOW IS 150 LOTS.

WE'RE GOING TO TRY TO FOLLOW THAT UP WITH THE NEXT PHASE OF A 110 TO GET TO OUR 260 TOTAL SO.

THAT ALL THAT'S GOING IN BACK THERE IS JUST SINGLE FAMILY HOMES? CURRENTLY. YES, SIR.

WE ACTUALLY HAVE ALSO SUBMITTED A REZONING REQUEST.

WE'RE GOING TO TRY TO DO SOME TOWNHOMES AS WELL.

AND THEN RIGHT THERE ALONG THOMPSON, THERE ARE SOME COMMERCIAL A COUPLE OF COMMERCIAL PAD SITES ON THOMPSON.

[00:20:04]

VERY GOOD. WERE THERE CHANGES MADE BETWEEN THE PRELIMINARY APPROVAL AND WHAT YOU HAVE SUBMITTED THIS TIME? NO, OTHER THAN THE PHASING.

WE CHANGED THE PHASING. BUT, YOU KNOW, THIS IS THE SAME THING WE SUBMITTED OVER A YEAR AGO.

PARKS ARE STILL THERE.

YES, MA'AM.

IS A PLANNED DEVELOPMENT, SO IT WILL HAVE TO BE AMENDED TO REFLECT THE TOWNHOMES.

AND SO THEY HAVE SUBMITTED A PD AMENDMENT AS WELL.

THANK YOU. THANK YOU ALL.

APPRECIATE IT. THANK YOU FOR YOUR TIME. ANYBODY ELSE HAVE ANY MORE QUESTIONS FOR MR. BOYD? THANK YOU.

ANY MORE COMMENTS OR CONCERNS? HEARING NONE, I'LL ENTERTAIN A MOTION TO APPROVE OR DENY THE 30 DAY EXTENSION.

I WOULD OFFER A MOTION THAT WE APPROVE THE 30 DAY EXTENSION.

I'LL SECOND. OKAY.

I'VE GOT A MOTION TO APPROVE FROM COMMISSIONER WOODRUFF.

I NEED A SECOND.

I'VE GOT A SECOND FROM COMMISSIONER EILEEN.

ALL THOSE IN FAVOR? AYE. AYE. THOSE OPPOSED.

MOTION CARRIES.

GOING ON TO ITEM FOUR.

GO BEARS.

[ITEM 4: V2023-01 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 76.5 linear feet of property located along east Walker St., where adjacent to the southern boundary of Lot 2A, Block 111, South Decatur Addition, and more commonly referred to as 259 E. Walker Street, Decatur, Texas. A complete legal description of the subject property is found on the plat exhibit located in the staff report. (Application V2023-01—Mr. Tommy Burks, on behalf of property owner Pat Miller)]

DEDRA.

ITEM 4 IT'S A VARIANCE FOUR AND FIVE.

AND SO EARL SMITH WILL GIVE YOU INFORMATION WITH REGARDS TO THESE TWO ITEMS. CAN YOU GUYS HEAR ME OKAY? YES, SIR. BUT I'M HAVING SOUND HEARING PROBLEMS ON THIS ANYWAY.

OKAY, SO THIS IS A VARIANCE REQUEST FOR PROPERTY KNOWN AS EAST WALKER. IT'S SO WE ASK THE FOUR QUESTIONS AND, I THINK.

YOU CAN SEE THAT THE VARIANCE IS FOR 76.5FT OF CURB ON WALKER STREET AND 76.5FT OF SIDEWALK ON WALKER ALSO.

SO THIS IS THE SAME.

THIS IS THE REPLAT YOU GUYS JUST CONSIDERED A MOMENT AGO.

AS A MATTER OF FACT. OKAY.

SO WE ASKED FOR QUESTIONS UNDER SPECIAL CIRCUMSTANCES OR CONDITION AFFECTING THE LAND INVOLVED THAT WOULD DEPRIVE THE APPLICANT OF REASONABLE USE. SO THE PROPERTY IS LOCATED SURROUNDED BY SINGLE FAMILY.

IT WAS PLATTED AS THE SOUTH DECATUR ADDITION IN THE ORIGINAL AND MAP DATED 1959, PRIOR TO THE CITY HAVING A SUBDIVISION ORDINANCE. AS FAR AS WE CAN TELL, THE LOT HAS ALWAYS BEEN VACANT.

SO THE CLOSEST SIDEWALK IS A BLOCK AWAY AND NO OTHER SIDEWALKS EXIST IN THE NEIGHBORHOOD .

CURBS DO EXIST IN THE NEIGHBORHOOD.

WE'RE LOOKING AT A MAP AT THE MOMENT TO SEE HOW CLOSE THEY ARE.

HOLD ON JUST A SECOND.

CAN WE DO ANYTHING WITH THE SOUND? AS HE FADES IN, FADES OUT? OR IS IT JUST HIS VOICE? OKAY, EARL, WE'RE HAVING A GREAT DIFFICULTY UNDERSTANDING EXACTLY WHAT YOU'RE SAYING.

SO IF YOU COULD MAYBE GET A LITTLE BIT CLOSER TO THE MICROPHONE.

GO AHEAD. IS THAT A LITTLE BETTER? IT'S A LOT BETTER. THANK YOU.

OKAY. SO QUESTION TWO.

VERY LIMITED SIDEWALKS EXIST IN THE NEIGHBORHOOD.

THE ADDITIONAL SIDEWALKS SHOULD NOT AFFECT THE PROPERTY RIGHTS OF THE OWNER.

ALTHOUGH THERE ARE NO SIDEWALKS WITHIN A REASONABLE DISTANCE AND CURBS DO EXIST BUT ARE VERY LIMITED.

AND WE'LL SEE THE MAP IN A MINUTE.

QUESTION THREE THE GRANTING OF THE VARIANCE WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE OR INJURIOUS TO OTHER PROPERTY.

SO WE SEE VERY LIMITED SIDEWALKS EXIST.

THE PROPERTY WAS MAPPED IN 1959.

WE HAVE NO RECORD OF PEDESTRIAN ACCIDENTS OR ANYTHING.

SO WE COULD SAY THAT WE BELIEVE THAT THE ABSENCE OF SIDEWALKS IS NOT NECESSARILY ADVERSELY IMPACTING PEDESTRIAN SAFETY.

LIMITED CURBS DO EXIST.

EAST WALKER IS CONSIDERED A LOCAL STREET AND THEREFORE GRANTING OF A VARIANCE WOULD NOT BE IN CONFLICT WITH THE DECATUR 2050 LONG RANGE MASTER PLAN.

AND THEN QUESTION FOUR THE GRANTING OF THE VARIANCE WILL NOT HAVE THE EFFECT OF PREVENTING ORDERLY SUBDIVISION OF OTHER LAND IN THE AREA.

[00:25:01]

SO THE AREA IS PRETTY MUCH BUILT OUT.

FUTURE REPLATING SURROUNDING PROPERTIES THAT WOULD REQUIRE CONSTRUCTION OF SIDEWALKS AND CURBS WOULD OCCUR IN A RANDOM FASHION.

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

OKAY, SO THERE SHOULD BE A MAP THAT WE CAN LOOK AT NEXT.

BUT CHERYL, DO WE HAVE THAT? YEAH. SO YOU CAN SEE THAT THE PROPERTIES HIGHLIGHTED IN YELLOW AND CALLED THE SUBJECT PROPERTY.

THE RED LINES DEPICT EXISTING SIDEWALKS AND CURBS ARE SHOWN AS YELLOW LINES.

SO YOU CAN SEE THE PROXIMITY OF SIDEWALKS AND CURBS.

THERE IS NO SIDEWALKS THAT COULD BE TIED ONTO NOR CURBS AT THIS PROPERTY.

BUT THEY DO EXIST IN THE NEIGHBORHOOD.

OKAY. WE DO NOT HAVE THAT.

OH, YEAH. SOMETHING. YEAH.

YEAH, GO AHEAD, EARL.

I BELIEVE YOUR RED AND YELLOW ARE BACKWARDS.

I BELIEVE YELLOW IS SIDEWALKS, AND RED WOULD BE AN INDICATION OF EXISTING CURBS.

NOW HE'S TALKING. I THINK, THOUGH, JOHN, AROUND THE SUBJECT PROPERTY ITSELF, WHICH IT'S VERY FAINT AND YOU CAN BARELY SEE IT.

RIGHT. I SEE IT THERE.

BUT IF YOU LOOK AT THE LEGEND THAT'S RED AS EXISTING SIDEWALKS AND THERE ARE NO SIDEWALKS, WHERE MOST OF THE RED.

WHERE THE CURBS ARE, THE RED IS THE CURBS.

THE RED IS. CAN YOU HEAR THEM, EARL? MIXED UP. RED LINE IS EXISTING CURB.

YEAH, IT'S BACKWARDS.

YEAH, IT IS BACKWARDS. OKAY.

THAT IS CORRECT.

THAT'S JUST NOT WHAT THIS.

THIS IS CHERYL'S FAULT, ALL MINE.

MINE IS WRONG. SORRY.

CHERYL I CANNOT HEAR ANYTHING IF ANYBODY'S ADDRESSING ME.

I PUT MY. I THINK I'M ALL CLEAR.

EARL. CAN YOU NOT HEAR THEM? NO, I CAN HEAR YOU NOW.

I'M SO SORRY, EARL.

WE'RE HAVING ISSUES WITH OUR SOUND.

I DO.

EARL. CAN YOU HEAR ME? YES. OKAY.

ALL RIGHT. GO AHEAD. WELL, I'M JUST ON COLLEGE, NOTHING WAS MARKED.

AND ARE THERE NOT ANY CURBS ALONG THAT STRETCH OF COLLEGE? THERE'S. YEAH.

TERRY THERE'S A LOT OF COLLEGE STREET THAT IS NOT CURBED.

OKAY. AND THAT IS A TXDOT.

THAT IS A TXDOT MAINTAINED FACILITY.

OKAY. SO.

WE WOULDN'T HAVE MARKED IT ANYWAY.

YEAH, I KNOW. AND WHEN I DROVE BY, I THOUGHT MAYBE IT WAS DOWN THE BLOCK.

OKAY. THANK YOU. ANY OTHER QUESTIONS FOR EARL COMMISSIONERS? I DON'T HAVE ANY. EARL, THANK YOU.

I DON'T HAVE ANY QUESTIONS.

I GUESS MY COMMENT WOULD BE, GIVEN THE NATURE OF THE PROJECT INVOLVED A NEW CONSTRUCTION HOME, I WOULD THINK IT WOULDN'T BE TOO MUCH TO ASK TO GO AHEAD AND IT WOULD BE WISE.

ACTUALLY, IT WOULD BE MY RECOMMENDATION AS A BUILDER TO GO AHEAD AND PUT IN THE CURB SINCE YOU'RE DOING THE DRIVEWAY ANYWAY, IT'S NOT GOING TO BE THE ENTIRE

[00:30:01]

LENGTH OF THE FRONTAGE.

SO IT YOU KNOW, IT'LL BE THE ENTIRE LENGTH MINUS THE DRIVEWAY WIDTH.

I DON'T PARTICULARLY HAVE A PROBLEM WITH GRANTING A VARIANCE FOR THE SIDEWALK, BUT IT WOULD BE MY RECOMMENDATION THAT YOU JUST GO AHEAD AND PUT THE CURB IN.

SO AND FOR WHATEVER IT'S WORTH, I AGREE WITH BOTH OF THOSE.

I AGREE. AND I WOULD POINT OUT, EVEN THOUGH THE ADJACENT PROPERTY DOESN'T SHOW TO HAVE ANY CURBS, AS WE JUST DISCUSSED, THOSE TWO LOTS TO THE WEST OF THIS, AT SOME POINT IN TIME, ARE GOING TO NEED TO BE REPLATED.

BECAUSE THEY HAVE NOT CURRENTLY BEEN REPLATED AND THEIR CONFIGURATION CHANGES WITH THIS AND WITH THE OWNERSHIP ON THE GROUND TOO, APPARENTLY.

SO WHENEVER THOSE PEOPLE DO COME IN TO REPLAT THEIRS, CURBING PROBABLY OUGHT TO BE ADDRESSED.

AND AGAIN, I'M NOT I DON'T CARE ABOUT SIDEWALKS IN THIS PARTICULAR AREA, CERTAINLY NOT IN FRONT OF THIS LOT.

BUT I THINK IT OUGHT TO BE CURBED.

AND RIGHT ACROSS THE STREET, PART OF THAT IS CURBED.

EXACTLY. EXACTLY.

SO I, I WOULD BE IN FAVOR OF DENYING THE REQUEST OF THE CURBS AND GRANTING THE REQUEST AS TO THE SIDEWALKS.

AND JUST TO BE CLEAR, DEDRA, IF THE VARIANCE WERE TO BE GRANTED FOR THE SIDEWALK OR EITHER ONE OF THEM, THERE'S A TIME INVOLVED NOW, WE'VE APPROVED THAT, RIGHT? WAS IT A TWO YEAR OR THREE YEAR OR SOMETHING LIKE THAT? 3 YEARS. THREE YEARS. OKAY.

OKAY. ALL RIGHT.

OH, RIGHT, RIGHT, RIGHT, RIGHT.

OKAY. JUST WANT TO REMIND EVERYBODY ABOUT THAT AND MYSELF, MYSELF INCLUDED.

OKAY. OKAY.

ANY OTHER QUESTIONS, COMMENTS OR CONCERNS? OKAY. I'LL ENTERTAIN A MOTION TO ACCEPT OR DENY ON ITEM FOUR FOR THE CURB AND GUTTER.

SO SINCE I MADE THE COMMENTS, I'LL MAKE THE RECOMMENDATION TO DENY THE VARIANCE REQUEST FOR THE CURB AND GUTTER FOR THIS ITEM. RECOMMEND DENIAL FOR THE CURB.

I'LL SECOND.

OKAY, I'VE GOT A DENIAL ON ITEM FOUR FROM COMMISSIONER KLOSE.

I'VE GOT A SECOND FROM COMMISSIONER WOODRUFF ON ITEM FOUR AS WELL.

ALL IN FAVOR? AYE, AYE.

THOSE OPPOSED.

OKAY, MOVING ON TO ITEM FIVE.

[ITEM 5: V2023-02 Commission to hear staff comments and take action to make a recommendation to City Council regarding a request for a variance from Chapter 1, Section 106, “Sidewalks,” of the City of Decatur’s Design Standards on approximately 76.5 linear feet of property located along east Walker St., where adjacent to the southern boundary of Lot 2A, Block 111, South Decatur Addition, and more commonly referred to as 259 E. Walker Street, Decatur, Texas. A complete legal description of the subject property is found on the plat exhibit located in the staff report. (Application V2023-02—Mr. Tommy Burks, on behalf of property owner Pat Miller)]

I'LL ENTERTAIN A MOTION TO ACCEPT OR DENY THE SIDEWALK VARIANCE.

I'LL MAKE A MOTION TO ACCEPT THE SIDEWALK VARIANCE.

OKAY. I'VE GOT A MOTION TO ACCEPT FROM COMMISSIONER LANIER.

I NEED A SECOND.

I'LL SECOND. I'VE GOT A SECOND FROM COMMISSIONER BERUBE.

THOSE IN FAVOR? AYE. AYE.

THOSE OPPOSED. OKAY.

[ITEM 6: 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 4, 2023, meeting currently has no (0) new Planning applications. Submittal deadline was March 6, 2023, at 5:00 p.m. (The meeting will be an in person meeting with potential virtual attendance of staff and members of the public unless otherwise determined.)]

ITEM SIX DEDRA.

AGENDA ITEM SIX.

WE'VE IDENTIFIED SOME NEW APPLICATIONS.

THE SUBMITTAL DEADLINE WAS MONDAY, THIS PAST MONDAY, 5:00 P.M..

JUST THE PARK WILL NEED TO PROVIDE US WITH A COMPREHENSIVE PLAN AMENDMENT AT THE TIME.

PROPERTY. THE LAND USE IS NOT MATCHING? WELL THEY DO HAVE THE 2050 LAND USES, BUT THOSE WERE BASED ON THE PREVIOUS LAND USES AND NOT ON THE PLANNED DEVELOPMENT ACTUAL USES THAT THEY'RE PROPOSING.

SO THEY'VE GOT TO ADJUST THAT NOW.

WE'VE GOT THE PLANNED DEVELOPMENT APPLICATION FOR VISTA PARK.

WE'VE GOT THE PRELIMINARY PLAT, WHICH YOU GUYS JUST CONTINUED FOR 30 DAYS.

THEY'VE SUBMITTED A FINAL PLAT FOR VISTA PARK.

AND WE'VE GOT A ZONING CHANGE ON COLORADO STREET AND A COUPLE OF VARIANCES.

AND FOR CURB AND GUTTER AND SIDEWALK FOR COLORADO STREET.