Oct 31, 2023 Planning and Zoning Commission Special Meeting

[*Meeting joined in progress*]

[ITEM 1: Consider and take appropriate action regarding approval of the Planning and Zoning Commission Meeting Minutes from October 3, 2023.]

[00:00:18]

AYE.

[INAUDIBLE]

[ITEM 2: Consider and take appropriate action regarding approval of the Planning and Zoning Commission Joint Workshop Meeting Minutes from October 9, 2023.]

[ITEM 3: SUP2023-06 Hold a public hearing and make a recommendation to City Council regarding a request from Justin Rie, on behalf of High Boot Hunting Dogs & Obedience, to allow dog training in a C-1, Restricted Business Zoning District, on approximately 0.021 acres of land located at 307 W. Main St. Ste. B. (Specific Use Permit Application 2023-06—Mr. Justin Rie, on behalf of High Boot Hunting Dogs and Obedience)]

THIS IS MR. JUSTIN RIE'S REQUEST ON BEHALF OF HIGH BOOT HUNTING DOGS AND OBEDIENCE TO GRANT A SPECIFIC USE PERMIT TO ALLOW DOG TRAINING IN A C-1 RESTRICTED BUSINESS ZONING DISTRICT.

THE PROPERTY IS APPROXIMATELY 0.021 ACRES OF LAND LEGALLY DESCRIBED AS LOTS 1-6 BLOCK 15 F [INAUDIBLE] AND THE PROPERTY IS MORE COMMONLY REFERRED TO AS 307 WEST MAIN STREET, SUITE B.

UM, IF YOU WILL RECALL, THE DECATUR ZONING ORDINANCE WAS AMENDED AND ADOPTED IN MARCH 23RD, 2015.

ARTICLE 6.

USE REGULATION SUBSECTION 6.1.2.

TABLE 7 PERMITTED USE CHART OF APPENDIX B PROVIDES THAT DATE.

THAT SHOULDN'T BE DAYCARES.

THAT SHOULD BE DOG TRAINING FACILITIES ARE PERMITTED WITH AN APPROVED SPECIFIC USE PERMIT OR KENNELS IN CERTAIN ZONING DISTRICTS, INCLUDING THE C-1 WELL RESTRICTED BUSINESS ZONING DISTRICT.

THE PROPOSED DOG TRAINING FACILITY AND SITE PLAN ARE IN SUBSTANTIAL COMPLIANCE WITH THE CRITERIA FOR GRANTING AN SUP.

THERE ARE SOME CONDITIONS THAT HAVE BEEN IMPOSED WHICH WILL GO THROUGH.

THIS IS THE EXISTING LAND USE MAP.

AGAIN, IT'S C-1A AND THEN THE EXISTING ZONING.

I'M SORRY LAND USE IS.

DOWNTOWN. THE EXISTING ZONING IS C-1A.

AND THAT'S THE PROPERTY LOCATION.

IT'S A SUBLEASE.

NEXT SLIDE.

THERE WERE 17 PROPERTY OWNERS THAT WE NOTIFIED.

THERE WAS ACTUALLY ONE IN FAVOR THAT WE RECEIVED TODAY.

THE ADDRESS IS 103 SOUTH LANE STREET.

MR. MAHAFFEY OR MAHAFFEY? IS IN FAVOR.

STAFF IS RECOMMENDING THAT ADDITIONAL CONDITIONS BE IMPOSED FOR APPROVAL OF THE SUP.

AND THESE CONDITIONS WERE DISCUSSED WITH THE PROPERTY OWNER.

AND HE HAS AGREED THAT NO DOGS ARE TO BE KEPT OVERNIGHT OR BOARDED AT THIS LOCATION.

PROOF OF UP TO DATE RABIES VACCINATIONS FOR ALL DOGS ON SITE MUST BE KEPT AT THIS LOCATION BY THE APPLICANT OWNER AND THE APPLICANT MUST MAINTAIN ALL RECORDS AND HAVE THEM AVAILABLE UPON REQUEST BY THE DECATUR DECATUR POLICE DEPARTMENT AND OUR ANIMAL CONTROL.

AND STAFF DOES RECOMMEND APPROVAL OF SUP 2023-06 WITH ADDITIONAL CONDITIONS.

DO WE HAVE THE APPLICANT HERE? WOULD YOU LIKE TO SAY ANYTHING, SIR? JUST PUSH THAT BUTTON.

GIVE ME YOUR NAME AND ADDRESS, PLEASE.

YES. GOOD EVENING.

MY NAME IS JUSTIN RIE.

MY ADDRESS IS AT 138 HAWK RIDGE, DECATUR 76234.

I APPRECIATE Y'ALL LETTING ME COME IN TONIGHT.

UM, I DON'T REALLY KNOW WHAT I'M SUPPOSED TO SAY, SO I'LL BE PRETTY QUICK ABOUT IT.

[00:05:02]

IT'S PRETTY MUCH IT'S GUIDED MY ENTIRE LIFE.

MY PARENTS OWNED A RETRIEVAL DOG BUSINESS WHEN I WAS A CHILD.

I TRIED MY HARDEST TO GET OUT OF IT.

SO I JOINED THE MARINE CORPS WHEN I WAS 17 YEARS OLD.

I THOUGHT I WAS RUNNING AWAY FROM DOGS BECAUSE IT WAS, YOU KNOW, IT WAS A CHORE FOR ME.

I DIDN'T I DIDN'T KNOW THE PASSION I REALLY HAD BEHIND IT I WAS A YOUNG KID, JOINED THE MARINES DURING THE IRAQ AFGHANISTAN WAR, AND LO AND BEHOLD, RAN DOGS A LOT MORE AND A LOT MORE PLACES THAN I THOUGHT I WAS GOING TO.

AND AGAIN, THAT'S CHANGED MY LIFE.

YOU KNOW, I'M BACK BACK NOW.

BEEN ABLE TO DO A LOT, GIVE A LOT TO THE COMMUNITY.

I DO EMPLOY. YOU KNOW, I EMPLOY NINE DIFFERENT DISABLED VETERANS FROM DIFFERENT BRANCHES OF THE MILITARY.

I'VE GOT SOME OTHER DOG TRAINING BUSINESS SETUPS IN OTHER PARTS OF THE METROPLEX.

THIS IS HOME FOR ME.

IT'S HOME FOR MY WIFE, MY CHILD.

MY SON ATTENDS YOUNG ELEMENTARY.

WE'RE GOING TO BE HERE PROBABLY TILL THE DAY THAT WE PASS.

WITH THAT BEING SAID, YOU KNOW, I REALLY WANT TO BE HERE IN DECATUR.

I'VE GOT TEN ACRES OF PROPERTY OUTSIDE IN THE COUNTY.

I'VE TRAINED A LOT OF DOGS HERE.

A LOT OF THESE CLIENTS, THEY COME OUT TO MY HOME.

IT COSTS ME A LOT OF MONEY.

I'VE GOT A REALLY NICE FACILITY OUT THERE, BUT I WANT TO GIVE BACK A LITTLE BIT MORE AND BE ABLE TO DO MORE.

I DO HAVE A LOT OF OUT OF TOWN CLIENTELE.

I'M LOOKING FOR A LITTLE BIT OF OFFICE SPACE WHERE, YOU KNOW, I CAN UTILIZE THAT TO FILE PAPERWORK AND ALL THAT.

I CAN ALSO UTILIZE IT TO CONDUCT, YOU KNOW, PRIVATE LESSONS FOR OBEDIENCE DOGS HERE IN TOWN WITHOUT HAVING TO HAVE COMPLETE STRANGERS AT MY HOME AND MY WIFE, YOU KNOW, ASK ME QUESTIONS THAT SOMETIMES I DON'T HAVE THE ANSWER TO.

WE'RE JUST LOOKING TO GROW A LITTLE BIT.

THAT'S ALL WE'RE TRYING TO DO.

SO WITH THAT BEING SAID, IF UNLESS YOU HAVE ANY SPECIFIC QUESTIONS FOR ME, THAT'S THAT'S ABOUT WHAT I GOT ON THAT.

JUSTIN THANK YOU. YES, SIR.

APPRECIATE YOU ALL FOR YOUR SERVICE.

MY PLEASURE. DO WE HAVE ANYONE ELSE IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS? YES, SIR. COME ON UP, PLEASE.

NAME AND ADDRESS, PLEASE.

MY NAME IS CURTIS MAHAFFEY, P.O.

BOX 601, DECATUR, TEXAS.

AND MR. MAHAFFEY, WHAT IS YOUR PHYSICAL ADDRESS? I'M A PROPERTY OWNER OF THAT PROPERTY AND THE PROPERTY BEHIND IT AS WELL.

I HAVE NO OBJECTION.

I'M IN FAVOR OF THE RESPONDENT TO HAVE THAT THERE.

ANOTHER FELLOW VETERAN TOO.

AND IS THERE ANY QUESTIONS YOU ALL HAVE FOR ME? THANK YOU FOR YOUR SERVICE.

IT'S THE BEST COUNTRY IN THE WORLD.

ABSOLUTELY. THANK YOU, THANK YOU.

DO WE HAVE ANYONE ELSE WISHING TO SPEAK ON THIS? DO WE HAVE ANYBODY ONLINE? OKAY. IF NO ONE ELSE WISHES TO SPEAK, THEN I'M GOING TO GO AHEAD AND CLOSE THIS PUBLIC HEARING MEETING.

IT IS NOW 5:40.

OKAY. COMMISSIONERS.

QUESTIONS. COMMENTS.

CONCERNS. I JUST HAVE A QUESTION ABOUT YOUR DOG TRAINING BUSINESS.

IT LOOKS LIKE WE'RE TRYING TO IMPOSE OR WE WANT TO IMPOSE RABIES VACCINATIONS.

DO YOU REQUIRE VACCINATIONS OF OTHER KINDS FOR THE DOGS THAT YOU TRAIN OR NOT? CAN YOU? DO YOU REQUIRE THE DOGS THAT YOU TRAIN OR BOARD THAT THEY ARE UP TO DATE ON ALL OF THEIR SHOTS? YEAH. SO RABIES IS A STATE REQUIREMENT.

SO WE'RE 100% BACK BEHIND THAT.

WITH THAT BEING SAID, BECAUSE WE ARE PROFESSIONALS, WE'VE BEEN DOING THIS FOR A LONG TIME.

WE REQUIRE EVERYTHING ELSE AS WELL.

BORDETELLA, LEPTO, EVERYTHING THAT YOU CAN IMAGINE.

THEY HAVE TO HAVE IT TO EVEN WALK INTO THE FACILITY.

TO BE HONEST WITH YOU, WE WON'T EVEN TOUCH THE DOG IF THE DOG ISN'T VACCINATED.

THERE ARE SPECIAL OCCASIONS BECAUSE NOW THAT HUMANS HAVE GOTTEN THEIR HANDS ON DOGS FOR A LONG TIME, THERE ARE DOGS OUT THERE THAT ARE ILL RESPONSIVE TO CERTAIN CERTAIN TYPES OF MEDICINE.

IN VERY RARE SCENARIOS, YOU'LL SEE A DOG THAT THAT CAN'T TAKE SOMETHING THAT'S KIND OF SECONDARY TO WHAT THEY'RE REQUIRED TO HAVE BY LAW.

THOSE ARE EXTREMELY RARE CASES.

I THINK IN 15 YEARS OF THIS PROFESSION, I'VE SEEN IT TWICE, TO BE HONEST WITH YOU.

WITH THAT BEING SAID, WITH THOSE CIRCUMSTANCES, WE'LL USUALLY DO IN-HOME AT THAT POINT SO WE CAN KEEP THE DOG SAFE.

THANK YOU. JUSTIN, BEFORE YOU LEAVE, HOLD ON.

DO WE HAVE ANY OTHER QUESTIONS FOR HIM? ANYONE OKAY.

GO AHEAD. ALL RIGHT.

THANK YOU, THANK YOU.

THAT'S ALL RIGHT. COMMISSIONERS ANY OTHER QUESTIONS THAT YOU WISH TO DISCUSS OR CONCERNS?

[00:10:04]

AND THEN I'VE GOT MASON WOODRUFF AS A SECOND.

THOSE IN FAVOR? AYE.

THOSE OPPOSED.

OKAY. MOTION CARRIES.

OKAY. MOVING INTO NONPUBLIC HEARING ITEMS.

[ITEM 4: PP2023-07 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 397 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 PP2023-07—Mr. Jody Boyd, on behalf of Decatur VP, LLC)]

ITEM NUMBER FOUR IS VISTA PARK PRELIMINARY PLAT.

I'M NOT GOING TO READ ALL OF THAT, BUT ON BEHALF OF DECATUR VP, LLC, MR. JODY BOYD WANTING TO PRELIMINARY PLAT, THIS PROPERTY IS APPROXIMATELY AN 89.639 ACRE TRACT OF LAND OUT OF THE JOHN BULLOCK SURVEY, ABSTRACT NUMBER 79 AND THE DAVID MOSES SURVEY ABSTRACT NUMBER 537.

NEXT SLIDE GREG. CURRENTLY, THE PLAT DOES NOT MEET THE MINIMUM REQUIREMENTS OF THE CITY OF DECATUR ZONING ORDINANCE, SUBDIVISION REGULATIONS, AND THE DESIGN STANDARDS.

AS OF OCTOBER 31ST, 2023.

I'M NOT SURE.

FRIDAY, OCTOBER 27TH.

STAFF HAD NOT HAD TIME TO REVIEW THOSE COMMENTS AND AS SUCH IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE.

YOU CAN EITHER APPROVE THE PRELIMINARY PLAT WITH CONDITIONS, APPROVE IT DIRECTLY, OR APPROVE IT WITH DENIAL OR DENIAL WITH REASONS.

I'M SORRY I SAID THAT WRONG.

APPROVAL. APPROVAL WITH CONDITIONS OR DENIAL WITH REASONS.

AND AT THIS TIME, I'D LIKE TO HEAR FROM TROY OR JODY TO SEE IF THEY WANT TO DO THE 30 DAY EXTENSION, OR HOW THEY WANT TO HANDLE THIS.

WE'VE BEEN THE REASON EVERYBODY'S LOOKING AT ME IS BECAUSE WE'VE BEEN TRYING TO WORK OUT THIS TIMELINE HERE.

WELL, REALLY FOR TODAY AND THEN SINCE ABOUT 45 MINUTES AGO AND THE LAST I UNDERSTOOD THEY WANTED TO REQUEST THE EXTENSION, BUT THEY DIDN'T WANT A FULL 30 DAYS BECAUSE OF SOME BUSINESS ARRANGEMENTS THAT THEY HAVE THAT ARE PRESSING AND TIME SENSITIVE.

SO I WAS CONVERSING WITH DEDRA ABOUT WHAT MIGHT BE POSSIBLE TO RECONVENE THIS BODY, AND THAT'S KIND OF WHERE WE ARE.

AND WE DIDN'T GET ALL OF THAT FINISHED BEING DISCUSSED BEFORE THE ITEM CAME BEFORE YOU.

DO YOU DO YOU WANT TO RECESS FOR A FEW MINUTES AND LET US TRY TO WORK THAT OUT OR.

WHAT ARE YOU THINKING? WELL, I KNOW THAT THIS HAS BEEN A HEADACHE AND FOR THE BUILDER.

AND I KNOW THAT THEY'VE BEEN JUMPING THROUGH HOOPS TRYING TO GET THIS HERE.

AND OF COURSE, IT'S FRUSTRATING BECAUSE SOMETIMES YOU DON'T KNOW ABOUT CERTAIN THINGS UNTIL YOU SUBMIT ANSWERS TO THE QUESTIONS THAT THE CITY HAD. AND THEN NOW THE CITY COMES BACK WITH ADDITIONAL QUESTIONS OR REQUESTS, BUT THEY DIDN'T KNOW WHAT TO DO UNTIL THEY ACTUALLY HEARD FROM YOU THE FIRST TIME.

SO I UNDERSTAND THE FRUSTRATION.

MY QUESTION IS, IF WE GRANT A 30 DAY EXTENSION, THEY DON'T HAVE TO TAKE THE FULL 30 DAYS, DO THEY? THEY CAN COME BACK IN IN TWO DAYS IF THEY WISH, AS LONG AS WE CAN CONVENE, RIGHT? YES. AS LONG AS IT'S WHEN YOU CAN CONVENE.

AND WE NEED THREE DAYS NOTICE, OF COURSE, TO POST THAT.

BUT STAFF STILL HASN'T DELINEATED THE EITHER THE REASONS FOR DENIAL OR THE CONDITIONS FOR ACCEPTANCE.

DO WE KNOW WHEN THAT MIGHT HAPPEN? UM, YES.

MY GOAL IS TO GET IT DONE THIS WEEK.

OKAY, SO WE'RE LOOKING AT POSSIBLY NEXT WEEK THEN TRYING TO CONVENE.

Z FOR NOVEMBER IS THE FIRST TUESDAY, WHICH IS THE 7TH, RIGHT? YEAH. ARE WE STILL GOING TO HAVE THAT?

[00:15:01]

YEAH, THAT MAKES SENSE TO ME.

AND IF IT'S NOT READY, I DON'T I DON'T THINK WE HAVE TO SCHEDULE A MEETING TONIGHT.

I THINK IF IT'S NOT READY FOR THE MEETING ON THE 7TH, I DON'T SEE ANY REASON WHY WE CAN'T JUST WAIT TILL THEY'RE ALL READY.

AND THEN DEDRA CAN SEND OUT THE EMAIL OR WHATEVER AND SAY EITHER THE NORMAL REGULARLY SCHEDULED MEETING OR ANOTHER SPECIAL MEETING.

YES. I THINK THIS BODY AND THAT'S ASSUMING EVERYTHING'S CORRECT, EVERYTHING'S ADDRESSED.

AND YES, AS LONG AS ALL ALL THE I'S ARE DOTTED AND THE T'S ARE CROSSED.

YES. ARE YOU OKAY WITH THE.

YEAH, WE ARE. I THINK ULTIMATELY OUR GOAL IS TO TO STAY ON THAT CITY COUNCIL MEETING OF THE 13TH.

SO IF WE COULD GIVE STAFF THE REST OF THIS WEEK AND MONDAY OF NEXT WEEK AND MEET, RECONVENE ON THE 7TH, I THINK THAT'S APPROPRIATE.

WE'D BE FINE WITH THAT.

OKAY. DEDRA ARE YOU OKAY WITH THAT TO RECONVENE ON THE 7TH? YES, WE'LL PROBABLY HAVE TO MEET IN THE ANNEX SINCE THERE'S VOTING GOING ON IN HERE.

OKAY. OKAY, THEN I THINK FORMALLY WE'D REQUEST A CONTINUANCE OR AN EXTENSION UNTIL THE FOLLOWING MEETING ON THE 7TH TO FINISH.

WELL, I'D SAY ASK FOR THE FULL 30 DAYS IN CASE IT WINDS UP TAKING LONGER THAN THAT.

BUT IF IT'S READY IN TIME TO GET IT ON THE AGENDA POSTED AND EVERYTHING, THEN LET'S JUST MEET ON THE 7TH.

AND YOU BET AND MY PARTNER TROY'S GOT THAT EMAIL ALREADY SENT RIGHT NOW, SO WE'VE REQUESTED IT OFFICIALLY.

OKAY? OKAY.

ONE MINUTE. ALL RIGHT.

YEAH. FAIR ENOUGH.

THANK YOU. THANK YOU ALL. APPRECIATE IT.

THANKS FOR WORKING WITH US . I WOULD MOVE THAT WE APPROVE THE REQUEST FOR A 30 DAY EXTENSION, WITH THE CLEAR UNDERSTANDING THAT IF THE.

IF STAFF IS READY FOR US TO PROCEED, SOONER THAN WE WILL PROCEED SOONER.

IT'S JUST A MATTER OF SCHEDULING IT AND DOING IT.

SO AT WORK, IF STAFF IS APPROVED BY A REGULAR MEETING ON THE 7TH, THEN WE'LL WE DO IT ON THE 7TH.

WE'LL DO IT ON THE 7TH. OKAY.

OKAY. YEAH, SHE'S JUST SAYING IN THE ANNEX.

AT THE ANNEX. OKAY.

I'LL SECOND YOU WERE GOING TO SAY.

NO. YEAH.

NO, JUST WHAT CHERYL WAS SAYING.

OH, OKAY. VERY GOOD. ALL RIGHT.

I'VE GOT A MOTION TO APPROVE OR RECOMMEND APPROVAL.

I NEED A SECOND. SECOND.

OKAY, I'VE GOT A SECOND.

MASON MADE THE APPROVAL ON THE AND JOHN LANIER MADE THE SECOND.

THOSE IN FAVOR? AYE, AYE.

THOSE OPPOSED.

MOTION CARRIES.

YOU'RE WELCOME. WE'RE TRYING WITH YOU.

YES. YES, SIR.

VERY GOOD. HOPEFULLY.

THANK YOU. YEAH.

THANK YOU. YEAH. OKAY.

[ITEM 5: Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests: a. A special meeting will be needed once Staff has determined that submittal is complete for: PP2023-04 Vineyards at Decatur, Lot 1, Block 1 PP2023-07 Vista Park b. As of agenda posting, the December 5, 2023, meeting currently has no (0) new Planning applications. Submittal deadline is November 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.)]

UM, WITH WHAT YOU GUYS JUST DID TODAY OBVIOUSLY, THERE MAY OR MAY NOT NEED TO BE A SPECIAL MEETING FOR VISTA PARK.

WE'RE HOPING NOT THAT YOU'LL HAVE TO HAVE IT ON YOUR REGULAR NOVEMBER 7TH MEETING.

WE'RE STILL WAITING TO HEAR BACK FROM VINEYARDS OF DECATUR, WHICH IS PRELIMINARY PLAT 2023.04 WHENEVER THEY SUBMIT, THEN WE'LL HAVE 15 DAYS TO GET IT ON YOUR RADAR.

UM, AS OF AGENDA POSTING, THE DECEMBER 5TH, 2023 MEETING CURRENTLY HAS NO NEW PLANNING APPLICATIONS.

HOWEVER, THE SUBMITTAL DEADLINE IS GOING TO BE NOVEMBER 6TH, SO WE'LL KNOW THEN BY YOUR NOVEMBER 7TH MEETING IF THERE'S GOING TO BE APPLICATIONS.

AND THAT'S IT. THANK YOU ALL.

IT IS NOW 5:50 AND THE P&Z MEETING IS ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.