[00:00:03]
[ITEM 1: Consider and take appropriate action regarding approval of the Planning and Zoning Commission Meeting Minutes from March 7, 2023.]
ANY QUESTIONS, COMMENTS OR CONCERNS? HEARING NONE. I'LL ENTERTAIN A MOTION TO ACCEPT OR DENY.WHAT IS THIS ON? I'M SORRY. WE DIDN'T HEAR YOU.
AND YOU ARE? JAMES ROWE AND KELLY JACOBSON.
HAVE YOU GOT THEM DOWN? 940577 NUMBER.
WHAT IS YOUR NAME? ON OUR ZOOM MEETING 940577.
(940) 577-0125. OR IS THAT AN 8 OR A 9? 0195. OKAY, GO AHEAD.
ALL RIGHT. WELL, THEN WE JUST LEAVE THEM BE.
OKAY. I'VE GOT A MOTION TO ACCEPT FROM TERRY.
SECOND. I'VE GOT JOHN LANIER AS MY SECOND.
THOSE OPPOSED? OKAY. MOVING TO PUBLIC HEARING.
[ITEM 2: CP2023-02 Hold a public hearing and make a recommendation to City Council on the request of Decatur VP, LLC to amend the Comprehensive Plan and Future Land Use Map for an approximate 62.97 acres of land located east of Deer Park Road and north of West Thompson Street from Traditional Neighborhood (TN) to Community Commercial (CC) and Compact Neighborhood (CN) for Vista Park Planned Development. (Comprehensive Plan Amendment Application 2023-02—Mr. Jody Boyd’s request on behalf of Decatur VP, LLC)]
ITEM NUMBER TWO.AND THE COMMISSION IS GOING TO MOVE INTO THIS PUBLIC HEARING ITEM AT THIS TIME.
AND ALSO, IF YOU'VE GOT A CELL PHONE, PLEASE TURN IT TO SILENT OR VIBRATE STUN.
OKAY. WE'RE GOING TO GO TO ITEM TWO AND WE'RE GOING TO OPEN THIS AT 5:35.
[00:07:30]
OKAY. HEARING NONE, I'M GOING TO CLOSE THIS PUBLIC HEARING.COMMISSIONERS QUESTIONS, COMMENTS, CONCERNS.
THIS IS EARL. I HATE TO INTERRUPT.
WE WEREN'T ABLE TO HEAR ANYTHING EITHER.
IF SHE'S TALKING, WE STILL CAN'T HEAR HER.
CAN YOU HEAR ME NOW? YEAH. ALL RIGHT.
OKAY. ANY COMMENTS? COMMISSIONERS ANYTHING.
OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION FOR DENIAL OR APPROVAL ON AGENDA ITEM TWO.
I'LL MAKE A MOTION TO APPROVE.
OKAY. I'VE GOT A MOTION TO APPROVE COMMISSIONER BERUBE.
THAT'S A MOTION TO RECOMMEND APPROVAL.
RECOMMEND TO RECOMMEND APPROVAL.
OKAY. I'VE GOT COMMISSIONER SHELBY TO DO MY SECOND.
THOSE OPPOSED? OKAY. MOTION CARRIES.
OKAY. WE'RE GOING BACK INTO PUBLIC HEARING ON ITEM NUMBER THREE.
[ITEM 3: PD2023-01 Hold a public hearing and make a recommendation to City Council on the request of Decatur VP, LLC to rezone approximately 9.44 acres of property located east of Deer Park Road and north of West Thompson Street from Single-Family Residential, SF-2 to Townhouse, TH to allow townhomes and from Commercial C-2 to Commercial C-1 for Vista Park Planned Development. (Application PD2021-03—Mr. Jody Boyd’s request on behalf of Decatur VP, LLC)]
IT IS NOW 5:42, DEDRA.OKAY, DEDRA, HOLD ON JUST A SECOND.
CAN YOU ALL HEAR HER NOW, THOSE OF YOU ON THE LINE? YES, I CAN HEAR HER NOW.
VERY GOOD. TO REZONE APPROXIMATELY 9.44 ACRES OF PROPERTY LOCATED EAST OF DEER PARK ROAD AND NORTH OF WEST THOMPSON STREET FROM SINGLE FAMILY RESIDENTIAL SF2 TO TOWNHOUSE (TH) TO ALLOW TOWNHOMES AND FROM COMMERCIAL C2 TO C1 FOR VISTA PARK PLANNED DEVELOPMENT.
THE APPLICATION IS PD2023-01 NOT 2021-03.
[00:10:03]
THIS IS MR. JODY BOYD'S REQUEST ON BEHALF OF DECATUR VP, LLC.STAFF IS RECOMMENDING THAT THE COMMISSIONERS TABLE PD2023-01.
THE APPLICANT HAS NOT SUBMITTED THEIR RESPONSES TO THE CITY STAFF FOR REVIEW BASED ON THE COMMENTS WE HAD WHEN THE APPLICATION WAS SUBMITTED. UM, AS OF THE POSTING OF THE P&Z AGENDA ON MARCH 31ST, 2023, AND TO DATE WE STILL HAVE NOT RECEIVED ANY RESPONSE.
OKAY. THANK YOU DEDRA DO WE HAVE ANYBODY IN THE AUDIENCE OR ONLINE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? WOULD YOU COME UP AND STATE YOUR NAME AND ADDRESS, PLEASE.
YES, SIR. HELLO JODY BOYD, 311 SOUTH OAK STREET, ROANOKE, TEXAS. YEAH, WE HAVE ESSENTIALLY WE'RE FINE WITH TABLING THIS.
SO WE'VE KIND OF PUT THIS ON THE BACK BURNER.
DO WE HAVE ANYBODY ON THE LINE WISHING TO SPEAK ON THIS AGENDA ITEM? OKAY. HEARING NONE I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING.
COMMISSIONERS, ANY QUESTIONS, COMMENTS OR CONCERNS? OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION TO TABLE.
ARE YOU. ARE YOU LOOKING AT ME? OKAY, SO IT WOULD BE A MOTION TO POSTPONE TO A DATE CERTAIN, WHICH WOULD BE THE NEXT P&Z MEETING.
OKAY. A MOTION TO POSTPONE TO THE NEXT MEETING.
THIS WILL BE ON AN ITEM NUMBER THREE PD202023-01.
I'LL ENTERTAIN A MOTION TO APPROVE OR DENY.
I'VE GOT COMMISSIONER LANIER TO APPROVE.
NO. ARE YOU APPROVING YES. AND THEN I'VE GOT COMMISSIONER EILEEN TO SECOND.
THOSE OPPOSED? MOTION CARRIES.
OKAY, MOVING TO ITEM NUMBER FOUR, PUBLIC HEARING ITEM.
[ITEM 4: ZC2023-03 Hold a public hearing and make a recommendation to City Council on the request of DM Land Holding LLC to rezone approximately 0.471 acres of land located at 1603 N. Colorado Street from a Single-Family Residential Zoning District (SF-2) to a Two-Family Residential Zoning District (2F). (Zoning Change Application 2023-0 —Mr. Dustin Hunter, on behalf of property owner DM Land Holding LLC.)]
WE'RE GOING BACK INTO PUBLIC HEARING.THIS IS MR. DUSTIN HUNTER'S REQUEST ON BEHALF OF DM LAND HOLDING LLC TO AMEND THE ZONING MAP FROM SF2 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT 2F TO A TWO FAMILY RESIDENTIAL ZONING DISTRICT.
THE PROPERTY IS APPROXIMATELY 0.471 ACRES OF LAND LOCATED AT 1603 NORTH COLORADO STREET.
AND THE PROPERTY IS MORE COMMONLY REFERRED TO AS 1603 NORTH COLORADO STREET.
UM THE APPLICANT IS REQUESTING A ZONING CHANGE FROM SF2 TO 2F OR DUPLEX.
HE IS PROPOSING A DUPLEX DEVELOPMENT.
THE ZONING CHANGE TO TWO FAMILY IS CONSISTENT WITH OUR DECATUR 2050 COMPREHENSIVE LAND USE MAP.
THE LAND USE DESIGNATION IS COMPACT NEIGHBORHOOD.
NEXT SLIDE. AGAIN, COMPACT NEIGHBORHOOD DOES SUPPORT DUPLEXES.
NEXT SLIDE. AND THE SURROUNDING ZONING IS ALL SINGLE FAMILY.
HOWEVER, THERE IS A DUPLEX ZONING TO THE EAST AND WE WILL SHOW YOU THAT IN THE NEXT SLIDE.
WE DID NOTIFY 12 PROPERTY OWNERS WITHIN 200FT.
WE DID NOT RECEIVE ANY RESPONSES BACK.
AND STAFF IS RECOMMENDING APPROVAL OF ZC2023-03.
DO YOU HAVE ANYBODY IN THE AUDIENCE OR ONLINE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? YEAH. YES.
OKAY. IF YOU WOULD GIVE ME YOUR NAME AND YOUR.
JUST A MOMENT. I'M SORRY, MA'AM.
WAS ASKING ABOUT OPENING, BUT YOU ALREADY OPENED.
[00:15:01]
YOU'RE FINE. I'VE ALREADY OPENED.OKAY, GO AHEAD. IDENTIFY YOURSELF, PLEASE.
OKAY. IT'S JAMES ROWE AND KELLY JACOBSON.
WE'RE AT 1607 COLORADO AND GOING FROM A SINGLE FAMILY TO A DOUBLE.
AND WITH IT BEING A RENTAL PROPERTY, OUR CONCERN WOULD BE HOW LONG WOULD RENTERS REALLY WANT TO STAY IN THERE? SO WOULD IT BE A BIG TURN OF OF FAMILIES CONTINUOUSLY THAT WE DON'T KNOW AND THINGS THERE I KNOW THE WHISTLE BOTHERS US IN OUR HOUSE BUT WE OWN IT SO WE'RE CONCERNED WITH THAT.
AND WE ALSO TOOK CARE OF THAT PROPERTY FOR YEARS AND STUFF.
AND WE DON'T WANT TO HAVE IT WHERE IF THE OWNER SELLS TO SOMEONE ELSE AND THEY DON'T KEEP UP THE PROPERTY AND STUFF TOO. OKAY.
THANK YOU. DO WE HAVE ANY OTHER COMMENTS? ONE OTHER COMMENT.
IF IT'S GOING TO BE AS BIG AS A DUPLEX AS OFF OF MACDONALD, IT'S GOING TO COVER THAT WHOLE LOT.
OKAY, BECAUSE IT'S NOT VERY BIG.
THE LIGHT'S NOT NEARLY AS BIG AS THE OTHER TWO FAMILIES OWNED PROPERTIES.
SO I DON'T THINK THAT'S GOING TO BE A CONCERN.
AND THEY DO HAVE LOT COVERAGE REQUIREMENTS.
OKAY. DO WE HAVE ANYONE ELSE WISHING TO SPEAK? OKAY HEARING NONE. I'M GOING TO CLOSE THIS PUBLIC HEARING AT 5:50 AND OPEN IT UP COMMISSIONERS, QUESTIONS, COMMENTS OR CONCERNS? HEARING NONE I'LL ENTERTAIN A MOTION.
I'M SORRY. JUST TO CLARIFY, WE'RE TALKING STRICTLY ABOUT ZONING.
IS THAT CORRECT? IS THAT CORRECT DEDRA? I BELIEVE THE PROPERTY IS CURRENTLY ALREADY PLATTED, SO YOU GUYS WOULD NOT SEE IT AGAIN.
OKAY. THEY WOULD JUST HAVE TO MEET THE CITY REQUIREMENTS FOR SETBACKS AND GREEN SPACES.
THAT'S CORRECT. EVERYTHING ELSE.
ANYONE ELSE? OKAY. I'LL ENTERTAIN A MOTION TO MAKE A RECOMMENDATION TO CITY COUNCIL.
I'VE GOT COMMISSIONER HICKS WITH A MOTION TO APPROVE THE RECOMMENDATION.
I'VE GOT COMMISSIONER LANIER WITH A SECOND.
THOSE OPPOSED? OKAY. MOVING TO NON PUBLIC HEARING ITEMS. DEDRA ITEM NUMBER FIVE.
[ITEM 5: PP2023-02 Consider and make a recommendation to City Council regarding a request from Decatur VP, LLC for a preliminary plat of an approximate 89.639-acre tract of land to create 349 lots located east of Deer Park Road and north of West Thompson Street in the City of Decatur, Wise County, Texas for Vista Park Planned Development. (Application PP2023-02—Mr. Jody Boyd, on behalf of Decatur VP, LLC)]
ITEM FIVE IS PRELIMINARY PLAT 2023-02 MR. JODY BOYD ON BEHALF OF DECATUR VP, LLC FOR PRELIMINARY PLAT OF AN APPROXIMATE 89.639 ACRE TRACT OF LAND TO CREATE 349 LOTS LOCATED EAST OF DEER PARK ROAD AND NORTH OF WEST THOMPSON STREET IN THE CITY OF DECATUR WISE COUNTY, TEXAS, FOR THE VISTA PARK PLANNED DEVELOPMENT. THE PROPERTY IS MORE COMMONLY REFERRED TO AS VISTA PARK PLANNED DEVELOPMENT.IT'S ALSO IN YOUR STAFF REPORT.
NEXT SLIDE. AND THERE'S QUITE A FEW, NOT ONLY FROM PLANNING, BUT PUBLIC WORKS, BUILDING INSPECTIONS.
SOME THEY'VE ADDRESSED, OTHERS THEY'VE NOT.
THE BIGGEST STICKING POINT HAS BEEN WITH THE GAS WELL OPERATORS.
THEY HAVE NO ISSUES WITH RELOCATING GAS LINES OR EASEMENTS, ETCETERA.
NEXT SLIDE. THE PLAT CURRENTLY DOES NOT MEET THE MINIMUM REQUIREMENTS OF THE CITY OF DECATUR ZONING ORDINANCE, SUBDIVISION REGULATIONS, OR THE DESIGN STANDARDS, BUT MOSTLY THE SUBDIVISION REGULATIONS.
[00:20:02]
WE DID PROVIDE THE APPLICANT WITH OUR COMMENTS ON MARCH 17TH, 2023 IN ORDER TO ALLOW THEM TIME TO SUBMIT REVISED DOCUMENTS. HOWEVER, AT THE TIME OF THE AGENDA PREPARATION FOR POSTING, WE HAD NOT RECEIVED ANYTHING TO DATE.STAFF IS RECOMMENDING DENIAL OF THE PRELIMINARY PLAT APPLICATION 2023-02 AND THE DEFICIENCIES ARE SPECIFICALLY CITED IN ATTACHMENTS 1 THROUGH 8 OF THE DRC REVIEW COMMENTS AS SHOWN IN THE STAFF REPORT.
AND WE DID CONFER WITH OUR LEGAL TEAM AND THEY ALSO SUPPORT THIS RECOMMENDATION.
COMMISSIONERS QUESTIONS ? YES, SIR. YES.
COME ON UP. ALL RIGHT, WELL, WE'RE HERE AGAIN.
JODY BOYD, 311, SOUTH OAK STREET, ROANOKE, TEXAS.
THANK YOU. GOOD TO SEE EVERYONE AGAIN.
AS YOU ALL KNOW, WE CAME HERE A MONTH AGO, ASKED FOR A 30 DAY EXTENSION.
THE MAIN HICCUP, AS DEDRA HAS SAID, HAS BEEN THE OIL AND GAS COMPANY.
TO DATE, WE HAVE NOT BEEN ABLE TO GET THE OIL AND GAS COMPANY TO AGREE TO APPROVE OUR PLANS.
I'M NOT SURE EXACTLY HOW WE'RE SUPPOSED TO COMPEL THEM TO GIVE US A LETTER TO APPROVE OUR PLANS.
WE'VE NOW AGREED TO MODIFY OUR LAYOUT IN ORDER TO ACCOMMODATE.
YOU KNOW, WE'VE CHANGED OUR ENGINEERING TO ACCOMMODATE THEIR GAS PIPELINE BECAUSE THEY REFUSE TO EVEN LOWER IT OR RAISE IT FOR US, EVEN THOUGH WE SAID WE'D PAY FOR IT TO LOWER IT SO WE COULD PUT A ROAD ACROSS THE TOP OF IT.
THEY'VE REFUSED TO TO WORK WITH US ESSENTIALLY.
SO WE'RE KIND OF AT LOGGERHEADS WITH THE OIL AND GAS COMPANY AT THIS POINT.
THEY HAVE NO INTEREST IN OUR SUBDIVISION GOING THROUGH OR NOT GOING THROUGH.
THEY HAVE NO VESTED INTEREST IN NEW HOUSING FOR THE CITY OF DECATUR.
THEY'RE SIMPLY THERE. THEY WERE THERE FIRST.
THEY HAVE THEIR FACILITIES THERE.
I FOUND OUT SINCE THE LAST TIME WE WERE HERE.
ESSENTIALLY, THEY DON'T HAVE TO DO ANYTHING IF THEY DON'T WANT TO.
NOW, WE'RE NOT CHANGING WHERE THEIR LINES ARE LOCATED, WHERE THEIR WELLHEAD IS LOCATED OR OTHERWISE.
AND WE'RE IN THE PROCESS OF REDESIGNING OUR ENGINEERING TO ACCOMMODATE THAT.
PART OF THE ISSUE IS THE TIMING FOR US AS WE'VE KIND OF GONE UNDER CONSTRUCTION WITH THE GRADING PLANS, WE NEED TO GET A PRELIMINARY PLAT AND A FINAL PLAT APPROVED SO THAT WE CAN GET CONSTRUCTION PERMITS APPROVED THROUGH ENGINEERING AND CONTINUE ON WITH OUR CONSTRUCTION PROJECT.
SO WHAT I WOULD ASK TONIGHT IS THAT WE ASK FOR A RECOMMENDATION FOR APPROVAL TO CITY COUNCIL WITH THE CONDITION THAT WE PROVIDE STAFF THE COMMENTS 1 THROUGH 8 AS DEDRA HAS LISTED HERE, AND WE'RE GOING TO DO OUR BEST TO CONTINUE TO ASK THE OIL AND GAS COMPANY FOR A LETTER.
BASED ON THE CAVEAT THAT WE GET THOSE THINGS, THE STAFF THAT THEY WANT AND WE'RE GOING TO DO OUR BEST TO GET THE LETTER FROM THE OIL AND GAS COMPANY AND I'M HAPPY TO ANSWER ANY QUESTIONS ABOUT OUR OUR OUTREACH TO THEM.
SO HAPPY TO ANSWER ANY QUESTIONS.
WHAT ARE YOUR OPTIONS IF THEY CONTINUE TO SAY NO? DO YOU HAVE TO REDRAW THE WHOLE.
WELL, YES, WE'LL HAVE TO REDRAW SOME OF IT.
WE'LL HAVE TO CHANGE OUR ACCESS ROAD OFF OF DEER PARK.
WE'LL HAVE TO MOVE THAT ROAD FROM THEIR PIPELINE.
SO YEAH, THERE'LL BE SOME THINGS THAT WILL HAVE TO CHANGE ULTIMATELY GOING FORWARD.
[00:25:06]
MOST OF THOSE THINGS IN THE 1A WON'T HAVE TO CHANGE OTHER THAN THE ACCESS ROAD THAT'S THERE SOUTH OF THE CHURCH.SO, YOU KNOW, WE'RE DOING OUR BEST TO GET THIS THING DONE AND GET DOWN THE ROAD AND KEEP GOING.
AND, YOU KNOW, WE'RE GOING TO CONTINUE TO DO THAT AND TRY TO DO OUR BEST FOR THE CITY OF DECATUR.
COMMISSIONERS. ANY MORE COMMENTS, CONCERNS OR QUESTIONS? I'M WONDERING IF WE CAN MOVE INTO EXECUTIVE SESSION TO CONSULT WITH OUR ATTORNEY.
OKAY. WE'RE GOING TO MOVE INTO AN EXECUTIVE SESSION.
SO WE'RE GOING TO. SO WHAT I'M HEARING IS THAT COMMISSIONER BERUBE WOULD LIKE LEGAL ADVICE.
YEAH. AND CHAIRMAN, YOU WENT INTO EXECUTIVE SESSION AT 5:58 P.M.
WOULD YOU ANNOUNCE WHEN YOU'RE COMING OUT? OKAY, WE'RE OUT AT 6:10.
THANK YOU. WE'RE OUT OF EXECUTIVE SESSION AT 6:10.
AND THESE ARE BASED UPON DEFICIENCIES CITED AND I THINK IN ATTACHMENTS NUMBER 1 THROUGH NUMBER 8.
SO WITH THAT IN MIND, I'LL ENTERTAIN A MOTION TO RECOMMEND DENIAL OR APPROVAL, AND I WILL FOLLOW THAT UP WITH A SECOND. SO RIGHT NOW I'LL ENTERTAIN A MOTION COMMISSIONERS.
I'LL I'LL RECOMMEND DENIAL FOR THE REASONS STATED BY STAFF IN THE REPORT.
OKAY. I'VE GOT COMMISSIONER BERUBE TO RECOMMEND DENIAL BASED ON STAFF REPORTS.
I'LL SECOND, I'VE GOT COMMISSIONER LANIER WITH THE SECOND.
AYE. AYE. THOSE OPPOSED? OKAY, MOVING ON TO ITEM SIX.
DEDRA. ITEM SIX IS THE FINAL PLAT FOR THE SAME PROPERTY THE VISTA PARK PLANNED DEVELOPMENT.
AGAIN, MR. BOYD IS THE REPRESENTATIVE FOR DECATUR VP, LLC.
THE FINAL PLAT IS FOR A 37.515 ACRE TRACT OF LAND TO CREATE 150 LOTS LOCATED EAST OF DEER PARK ROAD AND NORTH OF WEST THOMPSON STREET.
YOU CANNOT HAVE A FINAL PLAT WITHOUT A PRELIMINARY PLAT.
STAFF IS RECOMMENDING DENIAL OF THE FINAL PLAT.
BECAUSE THE PLAT DOES NOT ADDRESS THE COMMENTS THAT STAFF PROVIDED THE APPLICANT.
WE SENT THE COMMENTS AGAIN ON MARCH 17TH.
WE HAVE NOT RECEIVED ANY RESPONSES TO OUR COMMENTS AND STAFF.
AND THESE ARE BASED ON THE DEFICIENCIES CITED IN ATTACHMENTS 1 THROUGH 8 OF THE STAFF'S REPORT.
THANK YOU. COMMISSIONERS, ANY QUESTIONS OR COMMENTS? OKAY. HEARING NONE ON ITEM NUMBER SIX.
[ITEM 6: FP2023-02 Consider and make a recommendation to City Council regarding a request from Decatur VP, LLC for a final plat of an approximate 37.515-acre tract of land to create 150 lots located east of Deer Park Road and north of West Thompson Street in the City of Decatur, Wise County, Texas for Vista Park Planned Development, Phase 1A. (Application FP2023-02—Mr. Jody Boyd, on behalf of Decatur VP, LLC)]
I'LL ENTERTAIN A MOTION TO RECOMMEND DENIAL OR APPROVAL.I'LL RECOMMEND DENIAL OF ITEM SIX AS WELL.
OKAY. I'VE GOT COMMISSIONER BERUBE FOR DENIAL.
OKAY. COMMISSIONER CROSS IS MY SECOND.
[ITEM 7: V2023-03 Consider and make a recommendation to City Council regarding a request from DM Land Holding LLC for a variance from requirements to install curb and gutter on property located at 1603 N. Colorado Street, Decatur, Texas, along N. Colorado Street. (Application V2023-03—Mr. Dustin Hunter, on behalf of property owner DM Land Holding LLC)]
I BELIEVE ITEM SEVEN STARTS WITH THE VARIANCES.AND SO EARL WILL GIVE YOU YOUR PRESENTATIONS FOR THESE ITEMS. GOOD EVENING, EVERYBODY.
UH, SO, UM, I HAVE PRESENTED A MEMO FOR, UH, VARIANCE NUMBER 202
[00:30:03]
3-03 AND 2023-04, WHICH IS THE VARIANCE REQUEST FOR CURB AND SIDEWALK ON COLORADO ADDRESS KNOWN AS 1603 COLORADO STREET LOT ONE R, BLOCK 29 GAGE MCCOY EDITION.AND MR. CHAIRMAN, I WOULD REMIND YOU WHEN THE COMMISSION PREPARES TO TAKE ACTION, IT'LL TAKE TWO SEPARATE ACTIONS, THEY HAVE TO BE ADDRESSED SEPARATELY. OKAY, SO WE WE ASK FOUR QUESTIONS.
THE FIRST QUESTION IS THAT THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING LAND INVOLVED SUCH THAT THE STRICT APPLICATION OF THE PROVISIONS OF THE ORDINANCE WOULD DEPRIVE THE APPLICANT OF REASONABLE USE OF THE LAND.
MY FINDING IS THAT THE PROPERTY IS LOCATED AND SURROUNDED BY SINGLE FAMILY DEVELOPMENT.
THE PROPERTY WAS FINAL PLATTED IN 1958 AND REPLATTED IN 2021 AND HAS BEEN VACANT SINCE.
THE AREA IS COMPLETELY BUILT OUT.
VERY LIMITED CURBS AND SIDEWALKS EXIST IN THE NEIGHBORHOOD.
IN FACT, CLOSEST IS ONE BLOCK AWAY.
MY FINDING IS THAT VERY LIMITED CURBS AND SIDEWALKS EXIST IN THE NEIGHBORHOOD.
THE FINDINGS ARE THAT VERY LIMITED CURBS EXIST IN THE NEIGHBORHOOD AS SAME WITH SIDEWALKS.
COLORADO STREET IS CONSIDERED A LOCAL STREET.
QUESTION FOUR THE GRANTING OF THE VARIANCE WILL NOT HAVE THE EFFECT OF PREVENTING THE ORDERLY SUBDIVISION OF OTHER LAND IN THE AREA IN ACCORDANCE WITH THE PROVISIONS OF THE ORDINANCE. MY FINDINGS ARE IS THAT THE AREAS SURROUNDING IS BUILT OUT.
IN YOUR PACKET, THERE IS A MAP THAT SHOWS VARIANCES THAT HAVE BEEN GRANTED IN THE NEIGHBORHOOD.
AREN'T THEY COLORED UP THERE, THOUGH? DARK GREEN.
ONE, TWO, THREE. ONE, TWO, THREE.
SIDEWALK IN FRONT OF I BELIEVE IT'S 1603.
THE HOUSE RIGHT NEXT DOOR TO THE NORTH OF THIS PROPERTY.
NOT A SIDEWALK, BUT A CURB AND GUTTER.
UM, BASED ON, UH, I COULD HAVE MADE AN ERROR, JOHN, BUT BASED ON MY, UH, OBSERVATION, THERE WAS NOT A CURB TO CONNECT TO.
OKAY. I JUST DROVE BY ON THE WAY UP HERE.
I THOUGHT THERE WAS IN THE HOUSE IMMEDIATELY NEXT DOOR.
CURB, NOT SIDEWALK, BUT CURB AND GUTTER.
LOOKING FOR THE DECATUR MAP TO SEE IF I CAN ZOOM IN.
DID ANYONE ELSE DRIVE BY HAPPEN TO NOTICE IF THERE WAS?
[00:35:23]
THIS PROPERTY IS TO THE WEST OF WHAT'S ON THE SCREEN.DO YOU HAVE GOOGLE EARTH EARL? YEAH, I'M LOOKING. YOU COULD SCROLL OVER YOUR PICTURE TO THE EAST OR TO THE RIGHT.
YES, MA'AM. AND WHEN IT A LITTLE BIT MORE.
COULD BE READ OFF THE SCREEN ON THE LOWER LEFT CORNER.
I BELIEVE. IT SHOULD BE COLORADO STREET ON THE LEFT SIDE OF THE SCREEN.
IT APPEARS THAT JOHN'S CORRECT.
OKAY. ANY OTHER QUESTIONS OF EARL OR FOR STAFF ? OKAY, ON ITEM SEVEN, I'LL ENTERTAIN A MOTION TO APPROVE OR DENY.
I RECOMMEND DENIAL FOR THE CURB AND GUTTER.
YEAH, JUST FOR V2023-03 CURB AND GUTTER.
OKAY. I'VE GOT COMMISSIONER LANIER TO DENY.
I'VE GOT COMMISSIONER BERUBE SECOND.
THOSE OPPOSED? OKAY. ITEM NUMBER EIGHT.
[ITEM 8: V2023-04 Consider and make a recommendation to City Council regarding a request from DM Land Holding LLC for a variance from requirements to install sidewalk on property located at 1603 N. Colorado Street, Decatur, Texas, along N. Colorado Street. (Application V2023-04—Mr. Dustin Hunter, on behalf of property owner DM Land Holding LLC)]
LET ME GO AHEAD AND VOTE ON IT.OKAY. THAT WOULD BE V2023-04, AND THAT WOULD BE A VARIANCE TO INSTALL SIDEWALKS.
I'LL ENTERTAIN A MOTION TO EITHER APPROVE OR DENY.
I'LL MAKE A RECOMMEND APPROVING THAT VARIANCE.
OKAY. COMMISSIONER BERUBE TO APPROVE THE SUGGESTING TO APPROVE TO THE VARIANCE.
I'VE GOT COMMISSIONER LANIER TO DO THE SECOND.
THOSE IN FAVOR? AYE. THOSE OPPOSED? NAY. MOVING ON TO ITEM NINE, DEDRA.
[ITEM 9: V2023-05 Consider and make a recommendation to City Council regarding a request from Top Ridge Homes for a variance from requirements to install curb and gutter on property located at 1180 W. Main Street, Decatur, Texas, along W. Main Street. (Application V2023-05—Mr. Nocona Mundy, on behalf of property owner Top Ridge Homes)]
EARL. OKAY. THIS WOULD BE A VARIANCE REQUEST FOR CURBS AND SIDEWALKS ON WEST MAIN STREET.ADDRESS 1180 WEST MAIN, KNOWN AS LOT ONE BLOCK, ONE WEST RIDGE ESTATES, AND AGAIN ONE MEMO TO ADDRESS BOTH CURBS AND SIDEWALKS.
AND JUST AS A REMINDER, IT WILL TAKE TWO SEPARATE ACTIONS.
OKAY. THE FIRST QUESTION I'M GOING TO SKIP READING THE QUESTION.
I SEE THE PROPERTY IS LOCATED SURROUNDED BY SINGLE FAMILY DEVELOPMENT AND VACANT LAND.
THE LOT WAS PLATTED IN JUNE 2022 AND VARIANCES REQUESTED ARE A RESULT OF PLATTING.
TO OUR KNOWLEDGE, THE LOT HAS ALWAYS BEEN VACANT.
EARL LET ME INTERRUPT YOU, YOU MADE A COMMENT EARLIER THAT IT'S GOING TO TAKE TWO VOTES.
THERE'S TWO VARIANCES, TWO VARIANCES, ITEM NINE AND ITEM TEN.
AND THERE'S I MEAN, I JUST WANT ONE ONE MEMO TO ADDRESS BOTH ISSUES.
OKAY. BUT IT'LL TAKE SEPARATE ACTIONS.
TO OUR KNOWLEDGE, THIS LOT HAS ALWAYS BEEN VACANT.
THE OWNER IS IN THE PROCESS OF CONSTRUCTING A NEW HOME.
THE CLOSEST SIDEWALK WILL BE OVER 1,000FT AWAY AFTER A COMPLETION OF A DEVELOPMENT ON ROSE AVENUE.
THE CLOSEST CURBS ARE APPROXIMATELY 620FT WEST ON SENDERO STREET.
NO OTHER CURBS OR SIDEWALKS EXIST IN THE NEIGHBORHOOD.
[00:40:01]
QUESTION TWO VERY LIMITED SIDEWALKS AND CURBS EXIST IN THE NEIGHBORHOOD.THE ADDITION OF SIDEWALKS AND CURBS SHOULD NOT AFFECT THE PROPERTY RIGHTS OF THE OWNER, ALTHOUGH NO CURBS OR SIDEWALKS WITHIN A REASONABLE DISTANCE OF THIS PROPERTY EXIST. QUESTION THREE VERY LIMITED SIDEWALKS EXIST.
THEREFORE, IT COULD BE BELIEVED THAT THE ABSENCE OF SIDEWALKS IS NOT NECESSARILY ADVERSELY IMPACTED PEDESTRIAN SAFETY, CURBS DO NOT EXIST IN A PROPERTY PROXIMITY OF THE PROJECT.
QUESTION FOUR SOME VACANT PROPERTY DOES EXIST IN THE PROXIMITY OF THE PROJECT FUTURE REPLATTING OF SURROUNDING PROPERTIES THAT WOULD REQUIRE CONSTRUCTION OF SIDEWALKS AND CURBS WILL LIKELY OCCUR IN A RANDOM FASHION.
AND THEN YOU WILL SEE A MAP THAT I HAVE PREPARED ON THAT MAP.
YOU CAN SEE HIGHLIGHTED IN YELLOW THE SUBJECT PROPERTY.
THAT LOCATION IN THE SOLID RED LINES PORTRAY EXISTING CURB AND GUTTER.
AND THAT DEVELOPMENT WILL CONSTRUCT CURBS AND SIDEWALKS ALONG THEIR PROPERTY FRONTAGE.
BUT IT'S STILL ABOUT 1,000FT AWAY AS YOU DRIVING DISTANCE.
AND THEN JUST TO NOTE THAT THERE WAS A VARIANCE GRANTED IN 2018 FOR CURB AND SIDEWALK ON WEST ROSE AVENUE, WHICH IS IN THE PROXIMITY.
I'M HAPPY TO ANSWER ANY QUESTIONS.
THANK YOU, EARL. COMMISSIONERS, ANY COMMENTS, QUESTIONS OR CONCERNS FOR STAFF OR FOR EARL? OH, BUDDY. OKAY.
HEARING NONE, I'LL ENTERTAIN A MOTION TO APPROVE OR DENY ITEM NINE, WHICH IS V2023-05.
THIS WILL BE FOR CURB AND GUTTERS.
I'D LIKE TO RECOMMEND APPROVAL FOR THE VARIANCE FOR SIDEWALKS, CURBS AND GUTTERS.
OKAY. I'VE GOT COMMISSIONER LANIER TO APPROVE THE VARIANCE FOR CURB AND GUTTERS.
COMMISSIONER HICKS, TO DO MY SECOND.
THOSE IN FAVOR? AYE. THOSE OPPOSED? NAY. OKAY.
MOVING ON TO ITEM TEN, WHICH IS V VICTOR V2023-06.
[ITEM 10: V2023-06 Consider and make a recommendation to City Council on a request from Top Ridge Homes for a variance from requirements to install sidewalk on property located at 1180 W. Main Street, Decatur, Texas, along W. Main Street. (Application V2023-06—Mr. Nocona Mundy, on behalf of property owner Top Ridge Homes)]
THIS WILL BE TO APPROVE OR DENY A VARIANCE FOR SIDEWALKS.OKAY. I'VE GOT COMMISSIONER CROSS WITH A MOTION TO APPROVE.
I'LL SECOND. I'VE GOT COMMISSIONER LANIER WITH MY SECOND.
THOSE IN FAVOR? AYE, AYE, AYE.
THOSE APPROVED. THOSE DENY? [LAUGHTER] MOTION CARRIES.
OKAY, NOW FOR YOUR INFORMATION, ITEM NUMBER ELEVEN, DEDRA.
[ITEM 11: Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests: a. As of agenda posting, the May 2, 2023, meeting currently has no (0) new Planning applications. Submittal deadline was April 3, 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 ELEVEN WE JUST TRY TO GIVE YOU GUYS AN INDICATION OF WHAT'S COMING UP.THE APPLICATION ACTUALLY HAS BEEN SUBMITTED.
WE JUST DON'T HAVE THE RESPONSE TO OUR COMMENTS BACK.
AND THEN WE HAVE A PRELIMINARY PLAT FOR CHISHOLM EDITION THAT'S SUPPOSED TO BE TURNED IN.
SO. SO WE'RE GOING TO BE QUITE BUSY NEXT MONTH AS WELL.
VERY GOOD. ANY QUESTIONS, COMMENTS.
AND YOU KNOW, WE SHOULD HAVE ALSO ADDED WE MAY HAVE TO HAVE A SPECIAL MEETING.
IT JUST DEPENDS ON WHAT HAPPENS AT CITY COUNCIL WITH REGARDS TO THOSE TWO PLAT APPLICATIONS.
OKAY. BUT WE'LL KEEP YOU POSTED.
THANK YOU. ANY OTHER QUESTIONS? COMMENTS. HEARING NONE, IT IS 6:28 AND THIS MEETING IS ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.