[ITEM 2: PP2023-10 Consider and make a recommendation to City Council regarding a request from Zheeno Rostam to preliminary plat an 8.496-acre tract of land in the David Moses Survey, Abstract Number 537, in the City of Decatur, Wise County, Texas. ]

THANK YOU. IT IS NOW OPENED.

IT'S 5:32 DEDRA.

OH. I'M SORRY. AGENDA ITEM TWO IS ZHEENO ROSTAM'S REQUEST ON BEHALF OF DECATUR DEER RUN INVESTORS, LLC TO PRELIMINARY PLAT NOUVELLE TERRACE LOFTS ADDITIONS TO THE CITY OF DECATUR.

IT'S APPROXIMATELY 8.496 ACRES OF LAND IN THE DAVID MOSES SURVEY ABSTRACT 537.

PROPERTY IS MORE COMMONLY REFERRED TO AS 700 SOUTH DEER PARK ROAD.

NEXT SLIDE. AND IT'S MY UNDERSTANDING YOU GUYS DID LOOK AT THIS LAST MONTH, YOU GRANTED A 30 DAY, EXTENSION TO THE APPLICANTS. HOWEVER, THE PLAT STILL DOES NOT MEET THE MINIMUM REQUIREMENTS FOR THE CITY OF DECATUR'S ZONING ORDINANCE, SUBDIVISION REGULATIONS, AND THE DESIGN STANDARDS.

MORE SO THE SUBDIVISION REGULATIONS, WE'VE NOT RECEIVED ANY ADDITIONAL 30 DAY EXTENSIONS TO DATE.

THE APPLICANT WAS PROVIDED THE COMMENTS BY THE DRC ON JANUARY 29TH, 2024, IN ORDER TO ALLOW THEM TO SUBMIT REVISED DOCUMENTS.

HOWEVER, AT THE TIME OF THE AGENDA, WE HAD NOT RECEIVED A RESUBMITTAL.

THE APPLICANT HAS NOT SUBMITTED THEIR REVISED DOCUMENTS AS OF THURSDAY TODAY, FEBRUARY 1ST, 2024.

IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE, STAFF HAS POSTED THIS ITEM FOR THE COMMISSION TO EITHER RECOMMEND APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL OF PP2023-10, STAFF IS RECOMMENDING DENIAL OF THE PRELIMINARY PLAT APPLICATION BASED ON THE SPECIFIC DEFICIENCIES WE PROVIDED IN YOUR STAFF REPORT AND THAT WERE SUBMITTED TO THEM AS OUR COMMENTS.

IS THE APPLICANT HERE? DO WE HAVE ANYBODY ON IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? DO WE HAVE ANYBODY ONLINE? OKAY. HEARING NONE, I'M GOING TO GO AHEAD AND CLOSE THIS PUBLIC HEARING ITEM.

I'M SORRY. THIS NON PUBLIC HEARING ITEM AT 5:34.

COMMISSIONERS. QUESTIONS? COMMENTS. OKAY.

HEARING NONE, I'LL ENTERTAIN A MOTION.

I'LL MOVE THAT WE ACCEPT THE STAFF'S RECOMMENDATION AND DENY THE REQUEST.

SO LET ME LET ME CLEAN THAT UP JUST A LITTLE BIT, IF I COULD.

SO YOU'RE RECOMMENDING TO THE CITY COUNCIL THAT IT BE DENIED? I AM RECOMMENDING TO THE CITY COUNCIL THAT THE STAFF'S RECOMMENDATION BE ACCEPTED AND THE REQUEST BE DENIED.

THANK YOU. OKAY, I'VE GOT COMMISSIONER WOODRUFF RECOMMENDING TO CITY COUNCIL THAT THE PLAT BE DENIED.

[00:05:03]

I NEED A SECOND.

SECOND. OKAY.

I'VE GOT COMMISSIONER LANIER SECONDED.

ALL IN FAVOR? AYE, AYE. THOSE OPPOSED? OKAY GOING INTO NON PUBLIC HEARING ITEM NUMBER THREE.

[ITEM 3: PP2023-11 Commission to take action to make a recommendation to the City Council regarding a request to preliminary plat Lots 1X, 2X, 5X, 6X, 1-114, Block 1, Lots 1-17, Block 2, Lots 4X, 1-81, Block 3, Lots 3X, 1-13, Block 4, Lots 1-25, Block 5, Lots 1-11, Block 6, Lots 1-6, Block 7, Meadow Creek Addition, to the City of Decatur, Wise County, Texas, being an approximate 137.02-acre tract of land, of which 83.22 acres is in the William S. Hogue Survey, Abstract Number 385, Wise County, Texas, and of which 53.80 acres is in the Smith Bowen Survey, Abstract Number 51, City of Decatur, Wise County, Texas.]

AND I'M GOING TO OPEN THAT UP.

IT IS NOW 5:37 DEDRA.

THIS IS JODY BOYD'S REQUEST ON BEHALF OF RICK AND DEREK MCCARLEY TO PRELIMINARY PLAT MEADOW CREEK ADDITION TO THE CITY OF DECATUR IT'S APPROXIMATELY 137.02 ACRES OF LAND, OF WHICH 83.22 ACRES IS [INAUDIBLE] I DIDN'T CATCH IT.

I THINK IT'S IN THE, IT'S IN AN ABSTRACT.

OKAY. [INAUDIBLE] ABSTRACT.

IT'S MY THINKING.

AND 53.80 ACRES IN THE SMITH BOWEN SURVEY ABSTRACT NUMBER 51 PROPERTY IS MORE COMMONLY REFERRED TO AS 3363 SOUTH FM.

730. JUST A SECOND IN THE [INAUDIBLE].

OKAY. NEXT SLIDE.

ALL RIGHT. WE ARE THIS PLAT.

YOU ALSO SAW, LAST MONTH, AND THEY REQUESTED A 30 DAY EXTENSION.

AND THE PLAT DOES NOT MEET THE MINIMUM REQUIREMENTS OF THE CITY OF DECATUR ZONING ORDINANCE, SUBDIVISION REGULATIONS AND THE DESIGN STANDARDS, BUT MORE SPECIFICALLY, THE SUBDIVISION REGULATIONS.

THEY'RE STILL TRYING TO GET ENLINK TO GIVE THEM A LETTER OF ACCEPTANCE.

AND THAT IS THE ONLY FACTOR THAT'S KEEPING THIS PRELIMINARY PLAT FROM BEING RECOMMENDED FOR APPROVAL.

APPLICANT WAS PROVIDED COMMENTS ON JANUARY 23RD, 2024 AND THE APPLICANT HAS NOT SUBMITTED REVISED DOCUMENTS AS OF THURSDAY, FEBRUARY 1ST TODAY, IN ACCORDANCE WITH THE PROVISIONS OF THE CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE.

WE ARE PULLING THIS ITEM FOR THE COMMISSION TO EITHER RECOMMEND APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL.

STAFF DOES RECOMMEND DENIAL OF THE PRELIMINARY PLAT.

DO WE HAVE THE APPLICANT HERE? NAME AND ADDRESS. HELLO AGAIN.

JODY BOYD, 404 NORTH OAK STREET, ROANOKE, TEXAS 76262, I THINK.

HOW IS EVERYONE TONIGHT? APPRECIATE YOUR TIME.

AS DEDRA STATED, THE WE'RE STILL DOWN TO THE REMAINING ISSUE FOR THIS GOING FORWARD WITH OF THE AGREEMENTS WITH THE PIPELINE COMPANIES.

JUST FOR EDIFICATION PURPOSES, WE HAVE EMAIL AGREEMENTS FROM ENLINK THAT SAYS THEY AGREE TO NEGOTIATE A FACILITY RELOCATION AGREEMENT TO MOVE THE PIPELINES ACROSS OUR PROPERTY.

I REACHED OUT TO STAFF, SPOKE WITH WAYNE, SPOKE WITH PAM AS WELL.

YOU KNOW, WE JUST WE THINK WE COMPLY WITH THE LETTER OF THE ORDINANCE BUT STAFF DOESN'T AGREE.

SO WE'RE NOT GOING TO BE DISAGREEABLE ABOUT THAT.

YOU KNOW, SPECIFICALLY, PART OF THE ISSUE WITH THIS IS IT'S ONE THING TO LAY OUT HOW THE PIPELINE GOES ACROSS THE PROPERTY, RIGHT, WITH AN EASEMENT, WHICH WE'VE DONE, THAT WE PROVIDED THE PRELIMINARY PLAT TO THE PIPELINE, FOLKS.

THE OTHER ISSUE IS WHERE THAT PIPELINE GOES RELATIVE TO THE ELEVATION.

SO THERE COULD BE 15 OR 20 FOOT CUTS ACROSS THIS PROPERTY, BUT WE DON'T KNOW THAT UNTIL WE GET TO THE DEPTHS OF THE CONSTRUCTION PRINTS.

WELL, THOSE CONSTRUCTION PRINTS HAVE TO BE BASED ON A PRELIMINARY PLAT.

SO WE'RE KIND OF, YOU KNOW, IN MY OPINION, GETTING THE CART BEFORE THE HORSE JUST A LITTLE BIT.

SO WE'RE ASKING SPECIFICALLY TONIGHT THAT YOU WILL RECOMMEND APPROVAL WITH THE CONDITION THAT WE GET AGREEMENTS SIGNED BY THE PIPELINE COMPANIES THAT ARE ACCEPTABLE TO STAFF BEFORE WE DO A FINAL PLAT.

WHAT THAT LETS US DO IS GET THE CONSTRUCTION PRINTS DOWN THE ROAD FAR ENOUGH, AND THE NEGOTIATION WITH THE PIPELINE COMPANIES DOWN THE ROAD, SO WE CAN SPECIFY WHERE IT'S GOT TO GO VERTICALLY AND HORIZONTALLY.

JUST FOR YOUR EDIFICATION, I PRINTED OFF THE EMAILS HERE AND I LOOK BACK.

MY FIRST CORRESPONDENCE WITH ENLINK WAS MARCH OF 2022.

SO WE'VE BEEN TALKING TO THEM FOR QUITE A WHILE NOW.

IN FACT, WE HAD TO WRITE A CHECK FOR ALMOST $20,000 TO GET THEM TO STUDY THE THE ISSUES SO THAT WE COULD GET TO A FACILITY RELOCATION AGREEMENT.

YOU KNOW, WE'RE TRYING OUR BEST TO GET THIS ACROSS THE FINISH LINE.

[00:10:02]

WE'D APPRECIATE, RECOMMENDATION WITH CONDITIONS, THE CITY COUNCIL.

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT P&Z MIGHT HAVE OF ME.

THANK YOU, THANK YOU.

I'LL BE AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU ALL. DO WE HAVE ANYONE ELSE IN THE AUDIENCE WISHING TO SPEAK ON THIS AGENDA ITEM? DO WE HAVE ANYBODY ONLINE? OKAY. DEREK WOULD YOU LIKE TO SPEAK? NO, MA'AM. THANK YOU.

OKAY. OKAY.

HEARING NONE, I'M GONNA GO AHEAD AND CLOSE THE NON PUBLIC HEARING ITEM.

IT IS NOW 5:42.

WE'LL OPEN IT UP COMMISSIONERS.

QUESTIONS, COMMENTS OR CONCERNS? IF WE APPROVED IT WITH CONDITIONS, IS THERE A TIMELINE ON THAT? LIKE WHAT WOULD IT BE IF IT WERE CLEARED WITHIN 30 DAYS OR PRIOR TO OUR NEXT MEETING? OR IS IT DOES THE CONDITIONS, ARE THEY ALLOWED AN INDEFINITE AMOUNT OF TIME TO CLEAR THOSE? IT WILL GO TO THE CITY COUNCIL FOR CONSIDERATION WITH YOUR RECOMMENDATION, AND CERTAINLY THE APPLICANT COULD GET IT CLEARED UP BEFORE THEN. JUST MEANS IF THEY DON'T GET IT CLEARED UP PRIOR TO THEN.

IT'LL GO SO CITY COUNCIL THEN IF THEY FOLLOWED P&Z RECOMMENDATION, WHICH THEY DON'T HAVE TO, BUT IF THEY DID THEN IT WOULD BE APPROVED WITH THAT CONDITION THAT THAT LETTER.

I KNOW JODY PROBABLY MEANT TO SAY A LETTER INSTEAD OF AGREEMENT.

THE ORDINANCE REQUIRES A LETTER OF ACCEPTANCE OF APPROVAL.

AND SO THAT'S WHAT WE NEED FROM THE OPERATOR.

BUT CAN WE, CAN THE CONDITION WE IMPOSE INCLUDE A TIMELINE? I DON'T THINK 30 DAYS.

SO YOU'LL BE MAKING A IF YOU MADE THAT RECOMMENDATION, YOU WOULD RECOMMEND TO THE CITY COUNCIL THAT THEY APPROVE THE PRELIMINARY PLAT WITH THE CONDITION THAT WE BEFORE THEY ARE ABLE TO DO ANYTHING, INCLUDING GET A FINAL PLAT THAT THEY SHOW THE LETTER OF ACCEPTANCE FOR APPROVAL FROM THE OPERATOR.

WHAT I'M ASKING IS, CAN WE SAY THAT IF THEY HAVE FAILED TO OBTAIN SUCH A LETTER WITHIN A YEAR, THAT THE PRELIMINARY PLAT WOULD LAPSE? NO. THERE IS A LAPSE TIME FOR THE PRELIMINARY PLAT.

[INAUDIBLE] I BELIEVE IT'S TWO YEARS.

ONE YEAR. SO IT WILL LAPSE.

SO IT'S GOT A BUILT IN ONE.

IT DOES.

OKAY. OKAY.

THANK YOU. AND WE CAN APPROVE IT WITH THE CONDITIONS? YOU CAN DENY, OR YOU CAN RECOMMEND DENIAL WITH ALL THE REASONS SPECIFIED, WHICH IS WHAT STAFF HAS RECOMMENDED THAT YOU DO. BUT YOU ALSO HAVE THE CHOICE TO APPROVE WITH CONDITIONS, AND IN THIS CASE, THE CONDITION WOULD BE THE LETTER FROM THE OPERATOR, THE GAS OPERATOR.

AND IF WE DENY IT, THE APPLICANT CAN COME BACK IN AND REAPPLY AGAIN, CAN'T HE? THE RECOMMENDATION FOR DENIAL WILL GO TO CITY COUNCIL.

[INAUDIBLE] CORRECT.

BUT THEN THEY WOULD HAVE TO START OVER.

LARGELY. OKAY.

DEDRA. CAN YOU ADDRESS THAT? IF THEY'RE DENIED BY THE CITY COUNCIL, THEY HAVE THE ABILITY TO RESUBMIT AT ANY TIME.

RIGHT. AND THE CITY COUNCIL, THAT'S WHAT I WHEN I SAY START OVER, THAT'S WHAT I'M TALKING ABOUT.

WELL, BUT THEY'RE NOT STARTING OVER.

THEY'RE RESUBMITTING TO ADDRESS WHATEVER THAT DEFICIENCY IS, IS WHEN YOU START OVER, YOU'RE APPLYING, REAPPLYING.

THAT'S HOW WE SEE STARTING OVER.

I'M STILL NOT UNDERSTANDING THE DIFFERENCE BETWEEN THE TWO.

THEY WOULD SUBMIT A WHOLE NEW APPLICATION FEES, RIGHT? ETC. RIGHT.

THEY DON'T HAVE TO DO THAT IF THEY'RE DENIED BY CITY COUNCIL.

ALL THEY'RE DOING IS RESUBMITTING.

STATING THAT THEY'VE MET THE THE REQUIREMENTS FOR DENIAL, AND WE HAVE 15 DAYS TO GET IT IN FRONT OF CITY COUNCIL.

OKAY, AND CITY COUNCIL DENIES IT, THEY CAN COME BACK AND REAPPLY.

THEY DON'T START ALL THE WAY OVER, WHICH IS WHAT DEDRA IS SAYING.

THEY DON'T START ALL THE WAY OVER.

BUT IF THE ONLY THING WRONG WITH THAT PLAT IS THAT THERE'S NO OPERATOR LETTER, THEN THEY AND THERE'S NO TIME PERIOD FOR THEM TO

[00:15:03]

HAVE THAT LETTER.

THEY'VE GOT THEY'VE GOT THIS, PRELIMINARY PLAT THAT'S BEEN DENIED BECAUSE OF THIS REASON.

AND IF THEY CURE THE REASON AND THEY DON'T HAVE A TIME PERIOD IN WHICH TO CURE IT, BUT IF THEY CURE THE REASON, THEN STAFF HAS 15 DAYS TO EVALUATE WHETHER OR NOT THEY HAVE CURED THE REASON.

AND GET IT BEFORE THE CITY COUNCIL, CORRECT? OKAY. WHAT? WHAT IS THE REASON? WHAT IS WHY DO YOU HAVE A WHY ARE YOU OPPOSED TO WHAT THEY ARE REQUESTING, WHICH IS TO APPROVE IT WITH THIS CONDITION SO THAT THEY HAVE SOMETHING THEY CAN THEN SHOW TO IN LENGTH? THAT DOES NOT SOUND UNREASONABLE TO ME.

SO. WE HAD A LEGAL INTERPRETATION AT ONE POINT THAT CONDITIONAL APPROVAL IS AN APPROVAL.

WELL, IT IS PROVIDED THAT THEY MEET THE CONDITION, AND THAT CONDITION IS THE ONLY BASIS FOR YOUR CURRENT OBJECTION.

AM I MISSING SOMETHING, PAM? NO. YOU'VE STATED IT CORRECTLY.

I THINK THAT STAFF HAS DONE AN EXEMPLARY JOB HERE.

I'M NOT COMPLAINING ABOUT THE JOB [INAUDIBLE].

ABSOLUTELY. BUT WHAT I WAS GOING TO SAY IS WHAT I WOULD EXPECT FROM STAFF IS IF SOMETHING DOESN'T MEET THE ORDINANCE, THAT THEY WOULD RECOMMEND DENIAL.

I WOULD EXPECT THAT.

SO. YOU CAN STILL DENY IT SO.

AND I'M CURIOUS WHY JODY WHY YOU WANT THAT APPROVAL? IT SEEMS A PRETTY EASY PROCESS ONCE YOU GET IT REMEDIED TO JUST GET IT DONE THEN.

YEAH, AND I'LL ADDRESS THAT SPECIFICALLY.

SO IN ORDER FOR US TO MOVE FORWARD WITH THE PROJECT, THE SORRY JODY BOYD, 404 NORTH OAK STREET, ROANOKE, TEXAS.

SO TO ADDRESS THAT DIRECTLY, YOU KNOW, YOU BASE YOUR CONSTRUCTION PRINTS OFF A PRELIMINARY PLAT, RIGHT? SO YOU DON'T JUST GO OUT AND START BUILDING CONSTRUCTION PRINTS WILLY NILLY.

YOU HAVE TO HAVE A PROCESS BY WHICH YOU DO THOSE CONSTRUCTION PRINTS.

SO THE PRELIMINARY PLAT IS WHAT SETS THE THE BASELINE FOR HOW WE DEVELOP THE CONSTRUCTION PRINTS.

AND THEN THOSE PRINTS ARE THEN CODIFIED IN A FINAL PLAT.

SO THE REASON WE WANT TO GET THIS APPROVED WITH CONDITIONS IS TWOFOLD.

ONE, SO THAT WE HAVE A LITTLE BIT OF CERTAINTY ON HOW WE'RE GOING TO GO FORWARD WITH OUR CONSTRUCTION PRINTS.

AND NUMBER TWO, THAT'S ONE OF THE NUMBER ONE CAVEATS WE HAVE TO HAVE WITH OUR INVESTORS AND OUR BANKING PARTNERS TO CLOSE THE PROPERTY.

SO OUR INTENTION IS ONCE THIS PRELIMINARY PLAT IS APPROVED WITH CONDITIONS WE WOULD REQUEST, WE'LL TAKE THAT APPROVAL TO OUR BANK, TO OUR INVESTORS, TO OUR BUILDER PARTNERS, AND WE'LL CLOSE THE PROPERTY.

AND WHILE WE'RE IN THE PROCESS OF CLOSING THE PROPERTY, WE'RE ALSO ON THE BACK OF HOUSE DOING OUR CONSTRUCTION PRINTS AND OUR FINAL PLAT.

SO I APPRECIATE THE TIMING OF WHAT YOU GUYS ARE SUGGESTING, WHAT I WOULD REQUEST IS THAT WE TIE THAT TIMING TO THE FINAL PLAT.

YOU KNOW, IT'S NOT GOING TO TAKE US A YEAR.

YOU KNOW, FRANKLY, WE'VE DONE A LOT OF WORK ON THIS TO TRY TO GET IT DOWN THE ROAD.

IF WE CAN GET AN APPROVED PRELIMINARY PLAT FROM Y'ALL AND FROM CITY COUNCIL, THAT LETS US TAKE THE NEXT STEP IN THE DEVELOPMENT PROCESS TO ACTUALLY PURCHASE THE LAND.

AND THEN WE CAN GET THE AGREEMENT, THE LETTER OF AGREEMENT THAT WE NEED FROM THESE PIPELINE OPERATORS.

NOW, THEY'VE SAID BY EMAIL THEY AGREE THAT THEY'RE GOING TO MOVE THEM.

WE'VE AGREED WE'RE GOING TO PAY FOR IT.

IT'S JUST THAT THAT EMAIL DOES NOT SUFFICE FROM FROM STAFF'S PERSPECTIVE AS A LETTER OF ACCEPTANCE FOR AN AGREEMENT, WHICH, YOU KNOW, I UNDERSTAND THAT WE'RE HERE TO WORK WITH STAFF. WE'RE NOT TRYING TO ARGUE THAT POINT.

SO THAT'S THAT'S THE ISSUE DIRECTLY IS WE GOT TO GET THIS THING CLOSED.

WE NEED TO GET DOWN THE ROAD ON OUR CONSTRUCTION PRINT SO WE CAN START DELIVER THESE LOTS FOR OUR BUILDER PARTNERS.

THANK YOU. YES, MA'AM.

ANYBODY ELSE? ANY OTHER QUESTIONS FOR JODY? OKAY. THANK YOU. ANY MORE COMMENTS WELL, IT SEEMS TO ME LIKE IT'S BEEN ALMOST TWO YEARS TO GET TO THIS POINT WITH THE C OMPANY.

THERE'S NOTHING SAYING IT WON'T BE TWO MORE YEARS BEFORE WE GET A LETTER FROM THE COMPANY.

I MEAN, WE DON'T KNOW.

SO. OKAY, BUT MY POINT IS, THEY'VE BEEN WORKING REALLY HARD.

THAT'S TRUE. BUT IF THEY IF THEY CAN'T GET THE LETTER OF APPROVAL WITHIN THE ONE YEAR PERIOD THAT IS SPECIFIED, THEN IT WILL WIND UP BEING DENIED.

AND THEN THEY GOT TO COME BACK AGAIN IF THEY I'M SYMPATHETIC TO THEIR PLIGHT, AND I CAN UNDERSTAND WHY ENLINK MAY SAY WE'RE NOT GOING TO SIGN A LETTER UNTIL WE SEE SOME CONSTRUCTION PLAN.

SO WE CAN'T DO THE CONSTRUCTION PLANS UNTIL WE KNOW WE HAVE A PRELIMINARY PLAT THAT'S BEEN APPROVED.

WHEN THE PRELIMINARY PLAN HAS THE CONDITIONS.

I JUST DON'T SEE THE PROBLEM WITH THIS.

AND BECAUSE OF THAT, I'LL OFFER A MOTION THAT WE RECOMMEND TO CITY COUNCIL THAT THEY APPROVE THE PRELIMINARY PLAT WITH THE CONDITION THAT

[00:20:06]

NO FINAL PLAT BE APPROVED UNTIL THE LETTER OF APPROVAL FROM ENLINK HAS BEEN RECEIVED.

IS THAT GOOD ENOUGH, PAM OR DO YOU NEED MORE? WELL, IT WAS REALLY GOOD.

I WONDER IF YOU WERE INTENDING THAT EVEN THE PRELIMINARY PLAT WILL NOT BE FINALLY APPROVED UNTIL THE CONDITION IS MET.

LIKE THIS. THAT'S NOT WHAT HE'S SAYING.

THEY WOULD LIKE THE PRELIMINARY PLAT TO PLAT AND NO FINAL PLAT BE APPROVED UNTIL SUCH TIME THAT IS WHAT WOULD HAPPEN.

YES. WITH THE CONDITIONAL APPROVAL.

YES, SIR. OKAY, THAT'S MY MOTION.

OKAY. CLARIFICATION.

I HAVE A QUESTION.

THAT BASICALLY MEANS THAT THEY REALLY CAN'T DO ANY CONSTRUCTION UNTIL THAT LETTER IS IN PLACE, CORRECT? NO CONSTRUCTION. THEY CAN'T DO ANY CONSTRUCTION UNTIL THE FINAL PLATS HAVE BEEN APPROVED.

AND THEN PERMITS ARE ISSUED FOR CONSTRUCTION.

IS THAT CORRECT? CORRECT. OKAY, COMMISSIONERS, I'VE GOT A MOTION ON THE FLOOR BY COMMISSIONER WOODRUFF FOR APPROVAL WITH CONDITION FOR RECOMMENDATION OF APPROVAL WITH RECOMMENDATION, WITH, CONDITION CONDITIONS.

I NEED A SECOND. I'LL SECOND THAT.

OKAY. I'VE GOT A SECOND FROM COMMISSIONER LANIER.

ALL IN FAVOR? AYE, AYE.

THOSE OPPOSED? AYE. MOTION CARRIES.

OKAY GOING BACK INTO NONPUBLIC HEARING ITEMS? IT IS NOW 5:52.

[ITEM 4: CONSENT AGENDA]

DEDRA. ITEM FOUR.

THAT'S ON THE. THAT'S ON THE CONSENT AGENDA.

I'M SO SORRY, Y'ALL.

IT IS THE REQUEST FROM MR. RYAN OLSEN.

I'M SORRY.

OWEN TO FINAL PLAT, LOT ONE, BLOCK A CARSON ADDITION.

THIS FINAL PLAT APPLICATION.

OKAY. RYAN OWEN.

NO, THIS IS ACTUALLY CAROL ANN CARSON'S PRELIMINARY PLAT APPLICATION.

AND IT'S NOT A FINAL PLAT.

CHERYL. IT SAYS PRELIMINARY PLAT, FINAL PLAT.

RYAN OWEN, BRAD EUBANKS.

IT'S ACTUALLY CAROLYN ANN CARSON'S FINAL PLAT OH, WHY IS THAT DIFFERENT? IT IS. THAT'S WEIRD.

IT'S FINAL PLAT 2024-01.

THAT'S NOT RIGHT. CARSON ADDITION BEING ALL OF A CALLED 0.603 ACRE TRACT CONVEYED TO MR. J.E. THE LATE J.E.

CARSON AND THE LATE BETTY CARSON.

AND YOU SEE WHAT THE RECORDED VOLUME AND PAGE NUMBER IS.

THE FINAL PLAT DOES MEET THE MINIMUM REQUIREMENTS.

AND AGAIN THIS IS JUST CONSENT AGENDA ITEM.

PAM, ARE WE GOING TO HAVE ISSUES WITH THE.

HAVING THE WRONG [INAUDIBLE] IT'S RIGHT ON THE AGENDA.

AND SO IT'S WRONG IN THE PACKET, BUT IT'S RIGHT ON THE AGENDA.

IT'S RIGHT ON THE AGENDA.

BUT WRONG ON THIS POWERPOINT.

OH NO IT'S FINE.

YEAH. THANK YOU.

AND YOU'VE CLEARED IT UP FOR ANYBODY THAT'S WATCHING OR THAT'S HERE INTERESTED.

IT'S BEEN MADE CLEAR.

THANK YOU. GOOD.

ALL RIGHT. YOU CAN TAKE ACTION.

OKAY. DO WE HAVE ANYBODY WISHING, IS THE APPLICANT HERE? DOES ANYBODY WISH IN THE AUDIENCE TO SPEAK ON THIS AGENDA ITEM? DO WE HAVE ANYBODY ONLINE? OKAY. WE'RE GOING TO CLOSE THIS NON PUBLIC HEARING ITEM.

IT IS NOW 5:55.

COMMISSIONERS QUESTIONS COMMENTS OR CONCERNS.

I'M JUST CURIOUS WHAT TRIGGERED THE APPLICATION.

I'M SORRY. WHAT DID YOU SAY? WHAT TRIGGERED THE APPLICATION? IF THEY'RE ADDING ON TO THE BUILDING OR.

[INAUDIBLE] THIS APPLICATION CAME IN WHILE DEDRA WAS OUT, AND MISS CARSON JUST WAS CLEARING THIS UP. AND THAT THAT PROPERTY HAD NEVER BEEN PLATTED.

AND IN ORDER TO MOVE FORWARD, SHE WANTED TO HAVE IT PLATTED.

[00:25:02]

IT WAS A REQUEST ON BEHALF OF THE THE PROPERTY OWNER.

SHE'S JUST CLEANING IT UP. JUST CLEANING IT UP.

OKAY. THE OTHER THING IS, IT'S IN PROBATE, AND THEY WANT IT PLATTED.

OKAY AND STAFF DOES RECOMMEND APPROVAL.

OKAY. ANY OTHER QUESTIONS? OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION FOR RECOMMENDATION.

I'D LIKE TO RECOMMEND APPROVAL TO CITY COUNCIL.

OKAY. I'VE GOT A RECOMMENDATION FOR APPROVAL TO RECOMMEND THIS TO CITY COUNCIL FROM COMMISSIONER LANIER.

I NEED A SECOND.

I'LL SECOND. OKAY.

I'VE GOT A SECOND FROM COMMISSIONER CROSS.

ALL IN FAVOR? AYE AYE AYE.

THOSE OPPOSED MOTION CARRIES.

PUBLIC HEARING ITEMS.

[ITEM 5: SUP2024-01 Hold a public hearing and make a recommendation to City Council regarding a request from Deborah Lusk to allow a Boarding or Rooming House in a C1, Restricted Business Zoning District, on approximately 0.645 acres of land located at 1900 W. US Highway 300 Business, Decatur, Texas. ]

ITEM FIVE DEDRA.

YOU WANT TO OPEN UP THE PUBLIC HEARING? PUBLIC HEARING.

OH PUBLIC HEARING ITEM IS OPEN AT 5:56.

THANK YOU CECIL.

AGENDA ITEM FIVE IS A SPECIFIC USE PERMIT 2024-01.

THIS IS MISS DEBORAH LUSK REQUEST TO GRANT A SPECIFIC USE PERMIT TO ALLOW A BOARDING OR ROOMING HOUSE IN A C-1 RESTRICTED BUSINESS ZONING DISTRICT.

THE PROPERTY IS APPROXIMATELY 0.645 ACRES OF LAND, AND IS LEGALLY DESCRIBED AS JB WILLIAMS SURVEY.

ABSTRACT NUMBER 880 PROPERTY IS MORE COMMONLY REFERRED TO AS 1904 WEST US HIGHWAY 380 BUSINESS.

THE DECATUR ZONING ORDINANCE IS YOU GUYS MAY RECALL, WAS AMENDED AND ADOPTED IN MID MARCH 2ND, 2015.

ARTICLE SIX USE REGULATIONS DOES PROVIDE THAT BOARDING AND ROOMING HOUSES ARE PERMITTED WITH AN APPROVED SPECIFIC USE PERMIT IN CERTAIN ZONING DISTRICTS, INCLUDING THE C-1 RESTRICTED BUSINESS ZONING DISTRICT.

THE PROPOSED APPLICATION FOR A BOARDING OR ROOMING HOUSE AND SITE PLAN IS IN COMPLIANCE WITH GRANTING THE SUP, AS LONG AS THE FOLLOWING CONDITIONS ARE ADHERED TO AND OR MET.

UNDER THE PLANNING LIST OF CONDITION THE ZONING ORDINANCE DOES INDICATE THAT PARKING SHALL BE PROVIDED PER SECTION 7.3, AND THERE WILL BE A DETAILED, MORE DETAILED INFORMATION A COUPLE OF SLIDES FROM NOW, BUT TO PROVIDE SCREENING PER SECTION 7.5.2, PROVIDE TRASH RECEPTACLE PER 7.41 UNDER THE FIRE DEPARTMENT, THE INSTALLATION OF FIRE SUPPRESSION AND FIRE ALARM MONITORING WITH PER THE NFPA 101, CHAPTER 33 AND 34 AND IFC 2018 FLOOR PLAN IS NEEDED, DISPLAYING EMERGENCY EGRESS ROUTES, EMERGENCY EGRESS SIGNS TO BE MOUNTED AT EXITS, FIRE EXTINGUISHERS AND THEN UNDER THE BUILDING DEPARTMENT OF CERTIFICATE OF OCCUPANCY SPECIFIC OCCUPANCY CLASSIFICATION AND AN R OCCUPANCY REQUIRES A FIRE SPRINKLER.

THIS INFORMATION HAS BEEN PROVIDED TO THE APPLICANT, BUT IT'S NOT INTENDED TO BE ALL INCLUSIVE.

THERE MAY BE ADDITIONAL REGULATIONS AND REQUIREMENTS THAT MAY BE APPLICABLE PER THE CITY'S ORDINANCES.

NEXT SLIDE.

THIS IS THE EXISTING LAND USE MAP AND THE EXISTING ZONING MAP.

AGAIN IT'S IN THE C-1 ZONING DISTRICT RESTRICTED BUSINESS.

NEXT SLIDE.

AND THIS IS THE PROPOSED SITE PLAN AND FLOOR PLAN.

IT'S AN EXISTING RESIDENTIAL STRUCTURE.

AND THERE WILL NEED TO BE SOME CONVERSION OF THAT STRUCTURE.

NEXT SLIDE.

WE DID RECEIVE A LETTER OF INTENT FROM MRS. LUSK. NEXT SLIDE.

AND WHEN WE SENT OUT THE NOTIFICATION, WE SENT OUT A 200 FOOT NOTIFICATION AND THAT WAS 12 PROPERTY OWNERS.

HOWEVER, WE HAVE RECEIVED 24 AND THERE'S PROBABLY MORE.

THIS IS 25 NOTICES OPPOSED OF THE REQUEST.

OBVIOUSLY, MRS.

[00:30:01]

LUSK IS IN FAVOR.

SO THAT'S HER PROPERTY IN GREEN OR PROPOSED PROPERTY IN GREEN.

ON JANUARY 29TH, 2024, WE HAD RECEIVED 27% OPPOSITION AND PER THE ZONING ORDINANCE AND, STATE LAW A FAVORABLE VOTE OF THREE FOURTHS OF ALL MEMBERS OF THE CITY COUNCIL IS REQUIRED TO APPROVE ANY CHANGE IN ZONING WHEN THERE'S A WRITTEN PROTEST SIGNED BY AT LEAST 20% OF EITHER THE AREA OF THE LOTS, OR LAND COVERED BY THE PROPOSED CHANGE, OR THE AREA OF THE LOTS OF LAND IMMEDIATELY ADJOINING THE AREA COVERED BY THE PROPOSED CHANGE AND EXTENDING 200FT FROM THE AREA HAS BEEN FILED WITH THE CITY.

AND LIKE I SAID, WE'RE AT 27%.

NEXT SLIDE.

THERE WAS A LETTER OF SUPPORT THAT THE APPLICANT DID SUBMIT FROM I BELIEVE MISS MCCULLUM.

NEXT SLIDE.

AND THAT THAT LETTER IS IN YOUR PACKET.

WE DID, LIKE I SAID, RECEIVE A NUMBER OF OPPOSITION TO THIS APPLICATION, WHICH IS ALSO INCLUDED IN YOUR REPORT. NEXT SLIDE.

TO SUMMARIZE WHAT WE'RE SEEING AS THE CONCERNS TRAFFIC SECURITY, NO AREA SECURITY AGAINST THESE WITH QUESTIONABLE DECISION SKILLS, SAFETY, PROXIMITY TO THEIR NEIGHBORHOOD.

DOESN'T WANT THIS USE AROUND THEIR KIDS, HAS KIDS AND FEARS FOR THEIR SAFETY, AND DOESN'T WANT CRIMINALS IN THEIR YARD.

AND THEN THESE ARE ALL THE OPPOSITION LETTERS.

IN TERMS OF THE CONDITIONS THAT NEED TO BE THAT WE FEEL NEED TO BE IMPOSED.

THERE'S OFF STREET PARKING REQUIREMENTS, AND IT'S A MINIMUM OF FIVE THAT'S REQUIRED PER THE ZONING ORDINANCE.

THE SCREENING, THE ZONING ORDINANCE DOES TALK ABOUT SCREENING WHEN YOU HAVE NON RESIDENTIAL AND MULTIFAMILY AREAS WITH SCREENING WALLS.

IF THEY'RE ADJACENT TO A SINGLE FAMILY OR RESIDENTIAL PLANNED DEVELOPMENT DISTRICT.

THE MULTIFAMILY AND THE NON RESIDENTIAL USES SIDE OR BACK UP ON A SINGLE FAMILY IF THEY SIDE OR BACK UP ON A SINGLE FAMILY RESIDENTIAL DISTRICT, THEY HAVE TO PROVIDE A SOLID MASONRY WALL OF NOT LESS THAN SIX FEET, NOT MORE THAN EIGHT FEET.

NEXT SLIDE.

WHEN THE SCREENING IS REQUIRED BETWEEN NONRESIDENTIAL AND RESIDENTIAL USES, IT SHALL BE THE RESPONSIBILITY OF THE NON RESIDENTIAL USE TO CONSTRUCT AND MAINTAIN THE SCREENING WALL.

AND THEN IT TALKS ABOUT THE PLACEMENT OF THE SCREENING WALL.

TRASH RECEPTACLES ARE ALSO REQUIRED.

ALL COMMERCIAL PROPERTIES SHALL PROVIDE A TRASH DUMPSTER LOCATION, MEANING THE SCREENING AND CONSTRUCTION REQUIREMENTS IS DESIGNATED IN OUR DESIGN STANDARDS. FIRE DEPARTMENT, RESIDENTIAL CARE AND BOARDING REQUIRES INSTALLATION OF THE FIRE SUPPRESSION AND FIRE ALARM PER THE CHAPTERS INDICATED EARLIER, INCLUDE A FLOOR PLAN DISPLAYING EMERGENCY EGRESS ROUTES FROM THE FURTHEST POINTS IN THE BUILDING, EMERGENCY EGRESS SIGNS TO BE MOUNTED AT EXITS, FIRE EXTINGUISHERS TO BE MOUNTED WHERE READILY ACCESSIBLE IN AN EMERGENCY, AND.

AT INTERVALS WHERE A PATH OF TRAVEL DOES NOT EXCEED 75FT OF DISTANCE, A CERTIFICATE OF OCCUPANCY FOR THE USE WILL NEED TO BE PROVIDED PRIOR TO OCCUPANCY OF THE FACILITY, IF IT IS APPROVED.

INFORMATION TO DETERMINE THE SPECIFIC OCCUPANCY CLASSIFICATION WILL NEED TO BE PROVIDED TO THE BUILDING DEPARTMENT.

AND THE REQUIREMENTS OF THE USE WILL NEED TO BE MET.

INFORMATION NEEDED WILL INCLUDE, BUT IS NOT LIMITED TO NUMBER OF OCCUPANTS, THE LEVEL OF CARE PROVIDED, FACILITIES PROVIDED, AND THE LEVEL OF CHANGE BEING MADE TO THE FACILITY.

[00:35:02]

AN R OCCUPANCY WILL REQUIRE A FIRE SPRINKLER BASED ON THE OCCUPANCY CLASSIFICATION.

I BELIEVE THAT STAFF IS RECOMMENDING APPROVAL OF THE SUP WITH THE ADDITIONAL CONDITIONS LISTED ABOVE.

HERE WE GO. IS THE APPLICANT HERE OR DO WE HAVE ANYBODY WISHING TO SPEAK ON THIS AGENDA ITEM? OKAY, COME ON UP.

NAME AND ADDRESS, PLEASE.

I'M SORRY. PUSH THAT BUTTON ON YOUR.

YEAH. THERE YOU GO.

IT'S GOOD. NOW PUSH IT AGAIN.

IT'S ON NOW. OKAY.

NOW. YEAH.

HI. MY NAME IS DEBORAH LUSK, AND I OWN THE PROPERTY AT 1904 WEST BUSINESS 380.

I ALSO OWN THE PROPERTY RIGHT NEXT TO IT, WHICH IS WHERE I HAVE MY OUTPATIENT TREATMENT PROGRAM AT 1900 WEST BUSINESS 380.

I HAVE BEEN PROVIDING TREATMENT IN DECATUR CITY FOR 29 YEARS.

I HAVE SEEN THOUSANDS OF PEOPLE IN THIS COMMUNITY OVER THE LAST 29 YEARS.

AT THIS POINT IN TIME, WE HAVE AN 82% SUCCESS RATE IN HELPING PEOPLE TO REMAIN CLEAN AND SOBER.

THAT'S WHAT THE PROBATION DEPARTMENT, MYSELF AND MY STAFF, WE HAVE DONE EVERYTHING POSSIBLE TO HELP THIS COMMUNITY TRY TO BUFFER SOME OF THE PROBLEM THAT'S GOING ON.

I, I CAME ACROSS THIS HOUSE KIND OF UNEXPECTEDLY BECAUSE I WANTED THE BUILDING NEXT TO IT, AND THE OWNERS WOULDN'T SELL WITHOUT THIS HOUSE.

AND SO, AS YOU KNOW, WE'RE TALKING WITH THE PROBATION OR WHATEVER, I AM GETTING PHONE CALLS OVER THE LAST FEW MONTHS FROM PROBATIONERS THAT ARE DOING WONDERFUL, HAVE SUCCESSFULLY COMPLETED RESIDENTIAL AND OUTPATIENT TREATMENT AND ARE WORKING, BUT ARE FINDING THEMSELVES WITHOUT A PLACE TO LIVE, WHETHER THEY HAVE THE JOB THAT CAN AFFORD THE $1,800 OR $2,000 A MONTH RENT, AND OR ARE LIVING WITH FAMILIES THAT HAVE ALCOHOL OR DRUG PROBLEMS, AND THEY WANT OUT OF THAT SITUATION.

SO WE THOUGHT THIS WOULD BE A GREAT OPPORTUNITY TO GIVE THEM A PLACE.

AND IT'S NOT LONG TERM.

THIS IS JUST TO HELP THEM GET ON THEIR FEET.

THE COMMUNITY HAS JUMPED IN AND HELPED IN EVERY WAY POSSIBLE TO REBUILD THIS HOUSE AND MAKE IT VERY PRETTY.

AND WAYNE HAS WITNESSED HOW MUCH WORK THAT HOUSE HAS BEEN DONE TO.

I AM, I'VE GOT A COMMERCIAL BUILDING NEXT TO ME.

WE'VE GOT A MASSIVE AMOUNT OF PROPERTY THAT GOES WITH THIS HOUSE, AND WE'RE VERY PROUD OF IT.

AND SO, YOU KNOW, I WILL DO I'M NOT SURE BECAUSE 200FT² FROM THE READ ON THOSE THINGS, THAT'S WAY PAST 200FT².

THAT'S ON A WHOLE NOTHER ROAD BEHIND US.

SO I AM WILLING TO PUT A PRIVACY FENCE OR WHATEVER THEY'RE ASKING A CONCRETE WALL OR CAN IT JUST BE A PRIVACY FENCE, WHICH IS WHAT A LOT OF THOSE HAVE AROUND THEIR OWN PROPERTIES.

BUT THESE PEOPLE ARE NOT PEOPLE THAT ARE HARMFUL.

I HAVE BEEN WORKING MY WHOLE LIFE WITH THESE PEOPLE WHO ARE IN THE COURTHOUSES THAT ARE IN ALL OF THESE BUSINESSES, AND THE BUSINESSES ARE WILLING TO HIRE AND HELP IN WHATEVER WAY POSSIBLE.

DECATUR IS PHENOMENAL ON HELPING, RIGHT? SO BECAUSE THEY GET A DWI AND THEY DON'T WANT TO MOVE BACK INTO A HOUSE WHERE DRINKING IS STILL GOING ON AND THEY WANT TO SAVE MONEY AND BE ABLE TO GET ON THEIR OWN. I'M ALL FOR IT.

I'M THERE TO HELP, AND I'VE BEEN HERE FOR 29 YEARS TO DO THAT, AND I'M A VERY VIVACIOUS WOMAN.

THERE IS NOT GOING TO BE ANYBODY IN THAT HOUSE THAT'S HARMFUL.

I HAVE SECURITY MEASURES IN THAT HOUSE THAT TELL ME WHEN THAT DOOR OPENED AND WHEN IT SHUTS.

I'VE GOT CAMERAS.

THERE ARE THESE. THEY'RE NOT GOING TO HURT ANYBODY.

IN 29 YEARS, NOT ONE TIME HAS POLICE BEEN CALLED TO MY FACILITY.

NOT ONE TIME.

THERE'S NOTHING TO BE AFRAID OF.

NOTHING. IF THERE WAS SOMETHING TO BE AFRAID OF, THEY WOULDN'T BE IN THAT HOUSE.

[00:40:05]

THEY WOULDN'T EVEN BE RECOMMENDED TO BE IN THAT HOUSE.

THEY WOULDN'T EVEN BE IN MY OUTPATIENT FACILITY.

THEY WOULD BE LOCKED UP OR IN A RESIDENTIAL TREATMENT.

SO I AM ASKING FOR THE OPPORTUNITY.

I AM VERY, VERY GLAD THAT YOU ALL ARE HEARING ME OUT AND LISTENING TO ME.

BUT WE ALL HAVE A PASSION TO BE ABLE TO CLEAN OUR COMMUNITY UP AND MAKE IT AS SAFE AS POSSIBLE.

AND THIS HOUSE IS SAFE, AND I WANT ALL OF THOSE NEIGHBORS TO UNDERSTAND THAT THIS ISN'T A HARMFUL THING.

THIS IS A HELPFUL THING.

OKAY. THANK YOU, THANK YOU.

DO WE HAVE ANYBODY ELSE WISHING TO SPEAK ON THIS AGENDA ITEM? OKAY. IS EVERYBODY GOING TO BE TALKING OR DO WE HAVE JUST ONE PERSON, ONE REPRESENTATIVE? OKAY. I THINK THAT MIGHT EXPEDITE THINGS.

MY NAME IS DWIGHT REEVES.

I LIVE AT 402 SOUTH BOSQUE DRIVE, DECATUR, TEXAS.

I'VE LIVED IN THAT AREA FOR 42 YEARS.

I'VE BEEN IN THE SHADOW OF THE OF THE SHERIFF'S DEPARTMENT AND THE JAIL EVER SINCE IT'S BEEN BEEN SET UP OUT THERE.

WE FEEL VERY COMFORTABLE WITH THE WAY THE JAIL HANDLES THE INMATES AND WHAT GOES ON WITH THE SHERIFF'S DEPARTMENT.

WE'RE APPREHENSIVE ABOUT I DON'T ABOUT THIS HOUSE GOING IN IN OUR NEIGHBORHOOD.

AND SO AS A.

I FEEL THAT DEBORAH FEELS SECURE IN WHAT SHE'S DOING.

WE JUST HAVE QUESTIONS ABOUT PEOPLE ROAMING AROUND IN AREAS IN OUR NEIGHBORHOOD THAT MAY OR MAY NOT JUST THEY MAY JUST BE GOING FOR A WALK, BUT THAT'S SOMETHING THAT WE KNOW OUR NEIGHBORS AND WE DON'T KNOW THEM.

AND SO I FEEL LIKE THAT WE WOULD DEFINITELY OPPOSE THIS, THIS, ZONING CHANGE.

AND THANK YOU FOR LISTENING TO ME.

THANK YOU DWIGHT.

LORI SHERWOOD, 208 MEADOWBROOK LANE, DECATUR, TEXAS.

MY CONCERN WITH THIS IS, IS, PROBABLY 50% OF OUR NEIGHBORHOOD ARE OLDER WOMEN OR SINGLE WOMEN.

AND, I APPRECIATE THE CAUSE.

I THINK IT'S ADMIRABLE, BUT WHAT WASN'T ADDRESSED WAS WHAT IS HAPPENING WHEN THESE PEOPLE ARE NOT IN THE HOME.

ARE THEY OUT WALKING TO 380 TO GET SOMETHING TO DRINK OR SOMEPLACE TO GO? WE HAVE ENOUGH TRAFFIC ISSUES IN OUR NEIGHBORHOOD, AND WE ARE JUST HIGHLY CONCERNED THAT THE INDIVIDUALS IN THIS HOUSE, WHEN THEY'RE NOT IN THE HOUSE, WHERE THEY'RE GOING TO BE AT, AND WHO'S GOING TO BE KEEPING TRACK OF THEM.

SO THAT'S MY CONCERN.

THANK YOU. OKAY. THANK YOU.

ANYONE ELSE.

CECIL WE HAVE A REQUEST FROM ONE OF THE FOLKS THAT SUBMITTED THEIR OPPOSITION FOR US TO READ IT TO YOU GUYS.

YEAH. IT WAS IN YOUR PACKET.

OKAY.

MIC] YOU'RE OKAY IF WE JUST READ THIS? WE DON'T HAVE TO READ IT OUT LOUD.

NAME AND ADDRESS.

MY NAME IS GUY PEGUES, 1803 OAK MEADOW DRIVE, DECATUR.

OUR PROPERTY ACTUALLY TOUCHES AND COINCIDES WITH DEBORAH'S PROPERTY.

I CERTAINLY YOU WE SENT THE LETTER IN.

YOU CAN READ THE LETTER SO YOU UNDERSTAND OUR OPPOSITION TO IT.

I THINK THAT MY COMPASSION FOR WHAT SHE'S TRYING TO DO IS OVERCOME BY THE SECURITY OF THE NEIGHBORHOOD AND WHAT HAVE YOU.

WE ALREADY OUR PROPERTY IS SUCH THAT WE ALREADY EXPERIENCE A NUMBER OF PEOPLE TAKING LATITUDE TO WALK AROUND OUR PROPERTY, WALK THEIR DOG ON OUR PROPERTY, ETC.

[00:45:01]

SO, YOU KNOW, THAT'S CERTAINLY SOMETHING THAT'S OF CONCERN TO US.

SO MY AS I SAID, MY COMPASSION IS FOR HER INTENT IS JUST OVERRULED BY THE SECURITY AND THE POTENTIAL PROPERTY VALUE DECLINE IN OUR NEIGHBORHOOD.

OKAY. THANK YOU.

DO WE HAVE ANYONE ELSE WISHING TO SPEAK ON THIS? I LIVE AT, MY NAME IS TONY HURST.

I LIVE AT 1703 OAK MEADOW DRIVE.

IT'S ALSO CONCERNED BECAUSE WE, I DO HAVE SOME CHILDREN IN THE NEIGHBORHOOD, AND WE ALSO HAVE A LOT OF ELDERLY, TOO.

SO SAFETY IS A BIG CONCERN.

I'M GOING TO PIGGYBACK, LIKE THE REST OF THEM SAID, WE ALREADY HAVE ENOUGH TRAFFIC THAT COMES THROUGH.

IT'S A FAIRLY QUIET, SAFE NEIGHBORHOOD.

WE WANT TO KEEP IT THAT WAY.

AND WOULD YOU GUYS WANT SOMETHING LIKE THAT IN YOUR NEIGHBORHOOD? AND SO I'M JUST GOING TO LEAVE IT AT THAT.

I DON'T THINK IT'S GOING TO BE GOOD FOR THE FOR THE NEIGHBORHOOD.

OKAY. THANK YOU.

WE HAVE ANYONE ONLINE.

OKAY HEARING NONE, THEN I'M GOING TO GO AHEAD AND CLOSE THIS, PUBLIC HEARING.

IT IS NOW 6:17.

COMMISSIONERS. QUESTIONS, COMMENTS OR CONCERNS.

I WOULD LIKE TO. I'M NOT SURE HOW I'M GOING TO VOTE ON THIS YET, BECAUSE I AM EXTREMELY SYMPATHETIC TO THE NEEDS AND THE PURPOSES SERVED BY SOBER LIVING FACILITIES. I'VE GOT SOME EXPERIENCE WITH THAT, NOT PERSONALLY LIVING WITH THEM, BUT I UNDERSTAND.

AND, HONESTLY, I WOULD LIKE TO TELL THE LAST GENTLEMAN WHO SPOKE THE QUESTION, WOULD YOU LIKE SOMETHING LIKE THAT IN YOUR NEIGHBORHOOD IS OFFENSIVE.

I PROBABLY WOULDN'T BE WILD ABOUT IT IN MY NEIGHBORHOOD, BUT I WOULD NOT COME HERE AND OPPOSE IT BECAUSE THEY'RE IMPORTANT FACILITIES.

HAVING SAID ALL THAT.

WHAT WE'RE HERE BEING REQUESTED TO APPROVE IS A SPECIAL USE PERMIT.

AND THE PURPOSE OF LAYERING INTO AN ORDINANCE.

THE REQUIREMENT FOR A SPECIAL USE PERMIT IS TO CREATE AN ADDITIONAL LEVEL OF DISCRETION AND JUDGMENT FOR US TO APPLY AS TO WHETHER A PARTICULAR APPLICATION IS A GOOD IDEA FOR THAT USE IN THAT VICINITY.

AND THE OPPOSITION OF THE NEIGHBORHOOD IS SIGNIFICANT AND IS A SIGNIFICANT FACTOR.

I'M ALSO GOING TO SAY SOMETHING THAT IS A GOOD REASON I DON'T PLAN TO RUN FOR OFFICE, BECAUSE IT'S NOT GOING TO MAKE ME POPULAR WITH THE RESIDENTS OF THE NEIGHBORHOOD.

BUT EVERY TIME ANYTHING COMES UP IN THE CLOSE VICINITY OF THIS NEIGHBORHOOD, THE NEIGHBORHOOD SEEMS TO RISE UP IN RIGHTEOUSLY INDIGNANT OPPOSITION, AND I FIND THAT TROUBLING.

COMMISSIONERS. DO Y'ALL HAVE ANYTHING ELSE? ANY OTHER QUESTIONS? COMMENTS? I HAVE A COUPLE OF QUESTIONS.

NOT SPECIFICALLY, BUT GENERALLY WHERE WOULD THE FUNDING COME FROM? IS THAT BECAUSE IT LOOKS LIKE IT WOULD BE A TREMENDOUS EXPENSE TO GET THIS STARTED AND TO BUILD THE THE BRICK, SIX FOOT TALL BRICK FENCE ALL THE WAY AROUND THE ENTIRE PROPERTY.

KIND OF MY CONCERN IS, IS THE THE FUNDING SUSTAINABLE, OR WILL THEY GET PEOPLE IN THERE AND THEN, NOT BE ABLE TO PROVIDE THAT SERVICE ANY LONGER? NAME AND ADDRESS AGAIN.

SO FAR I GOT TO DO SOMETHING.

NAME AND ADDRESS.

OH, DEBORAH LUSK 1900 WEST BUSINESS, 380 DECATUR.

THANK YOU. SO FAR, I'VE SPENT MY WHOLE RETIREMENT ON THIS HOUSE TO GET THIS UP AND RUNNING, AND I HAVE A LOT OF COMMUNITY HELP, BUT, NO, I DON'T HAVE FUNDING.

BUT I DO WORK TWO JOBS, AND I'M WILLING TO DO WHATEVER IT TAKES TO TRY TO HELP.

I DO ALSO WANT TO MAKE A COMMENT.

THERE WILL BE NO HARDCORE CRIMINALS IN HERE.

WE'RE TALKING ABOUT MAYBE SOMEBODY WHO'S HAD A DWI OUT OF NINE MONTH RESIDENTIAL.

THERE ARE NO SEX OFFENDERS ALLOWED IN THIS HOUSE.

THEY HAVE TO PASS DRUG SCREENS.

PROBATION IS OVER THERE TWICE A WEEK.

AANAS OVER THERE WE HAVE SPONSORS AND THEY ARE IN MY TREATMENT PROGRAM RIGHT NEXT DOOR.

SEE SO I'M THERE EVERY DAY.

THEY HAVE AT 10:00 CURFEW AT NIGHT.

THEY'RE WORKING ALL DAY.

THEY COME HOME, THEY TAKE THEIR SHOWER, WATCH TV AND GO TO BED.

NOBODY ELSE IS ALLOWED IN THE HOUSE.

THERE ARE PERIMETERS, YOU KNOW, WE.

MY BACKYARD IS TO WHERE BACK THERE.

[00:50:04]

YOU KNOW, THEIR STREET THAT THEY GO ON IS WEST BUSINESS 380.

NOT IN THAT NEIGHBORHOOD.

THERE WOULD BE NO REASON FOR THEM TO BE OVER THERE.

SO, YES, I'M WILLING TO, I'M I'M.

I MEAN, I CAN ONLY IMAGINE WHAT THIS CONCRETE WALL YOU'RE ASKING FOR IS GOING TO COST.

BUT, YOU KNOW, I DO HAVE A LOT OF SUPPORT IN ALL OF THESE BUSINESSES THAT ARE HIRING AND HELPING ADDICTS AND ALCOHOLICS TO GET ON THEIR FEET. SO I'M ASKING, IS IT A POSSIBILITY FOR ME TO PUT UP A TALL PRIVACY FENCE THAT YOU CAN'T SEE OVER? IT WOULD BE A QUESTION FOR STAFF, BUT AS I READ THE PAPERS, IT'S SPECIFIED A BRICK FENCE.

OH, A BRICK FENCE.

YEAH, OKAY. CONCRETE.

I FORGOT EXACTLY WHAT WAS STATED, BUT.

YEAH. OKAY. SOMETHING.

YEAH. PRETTY EXPENSIVE AND PERMANENT.

THAT'S WHY I WAS CONCERNED ABOUT, YOU KNOW, I DON'T WANT TO SEE YOU GET STARTED IN THIS AND THEN JUST FALL OUT ON IT.

WELL, IF I AM WHEN I STARTED THIS, I'M TAKING IT ALL THE WAY TO THE FINISH.

I'M GOING TO BE THAT.

WHO SELECTS THE PEOPLE THAT GO THERE.

DO YOU HAVE THAT SELECTION? OKAY. YES. PROBATION IS THE ONE THAT WILL SAY, HEY, I'VE GOT SOMEBODY THAT NEEDS A PLACE TO LIVE.

I DON'T LIKE WHERE HE'S LIVING NOW.

AND HE WOULD DO BETTER GETTING ON HIS FEET IF HE HAD A PLACE FOR A COUPLE, THREE MONTHS, SIX MONTHS IN ORDER TO SAVE ENOUGH MONEY TO GET HIS OWN PLACE TO LIVE.

SO BETWEEN ME AND THE PROBATION DEPARTMENT, RIGHT ACROSS THE STREET HERE, WE'VE COLLABORATED AND WORKED VERY HARD TO FOR THE SUCCESS OF OUR PEOPLE.

YES. HOW MANY DO YOU.

SORRY, I'VE GOT TWO MORE QUESTIONS.

GO AHEAD. HOW MANY RESIDENTS DO YOU PLAN? NO MORE THAN SIX EVER.

SIX EVER. OKAY.

AND MY LAST QUESTION IS KIND OF FOR STAFF IF THIS WERE TO BE PERMITTED AND SHE CHOSE IN A YEAR OR TWO TO TEAR DOWN THAT HOUSE AND BUILD A LARGER FACILITY THAT WOULD HOUSE TEN PEOPLE, WELL, I'M TOO OLD.

I UNDERSTAND YOU MAY SELL IT TO SOMEONE NEXT YEAR.

WE JUST DON'T KNOW. THAT'S WHAT WE HAVE TO LOOK AT AS A GROUP IS WHEN WE PERMIT SOMETHING.

SOMETIMES ITS LONGEVITY IS INDEFINITE AND WANT TO SEE IF IF THAT.

WELL, THIS HOUSE, ACCORDING TO THE PREVIOUS OWNERS, HAS ALWAYS BEEN A RENTAL HOUSE.

IT'S ALWAYS BEEN A RENTAL HOUSE.

THE PEOPLE THAT LIVED IN IT THE LAST TIME, WERE NOT OF THE BEST BEHAVIORS.

RIGHT. SO, WHEN THEY TOLD THEM THEY HAD TO LEAVE AND IT'S BEEN SITTING THERE FOR 18 MONTHS.

THE WORST EYESORE I'VE EVER SEEN IN MY LIFE WHEN I LOOKED AT IT COMPLETELY ENGULFED IN WEEDS AND IT WAS HORRIFIC.

AND NOW IT IS, YOU KNOW, IT'S REMODELED, IT'S BEAUTIFUL.

AND, YOU KNOW, WE WILL DO WHATEVER IT TAKES TO HELP THESE PEOPLE.

YOU KNOW, I KNOW THEIR CONCERNS, BUT I THINK THEY'RE NOT UNDERSTANDING THAT THESE PEOPLE ARE LIVING IN THE NEIGHBORHOODS NEXT TO THEM ANYWAY.

OKAY. THANK YOU, THANK YOU, THANK YOU.

OKAY, COMMISSIONERS, I'LL ENTERTAIN A MOTION OH. I'M SORRY. JOHN'S QUESTION IS REALLY FOR STAFF.

WHAT ARE THE PARAMETERS ON A SPECIAL USE PERMIT AND HOW LONG DO THEY LAST? DO THEY TERMINATE? IF THE PROPERTY CHANGES OWNERSHIP? THEY THEY DO.

THEY GO WITH THE USE WITH THE USE, A CHANGE OF OWNERSHIP WOULD NOT TERMINATE THE SPECIAL USE.

NOT UNLESS THEY CHANGE THE USE.

OKAY. SO WITH THAT DEDRA, IF A NEW PERSON BOUGHT IT, COULD THEY TEAR DOWN THE HOUSE AND BUILD A BIGGER FACILITY THERE THAT WOULD HOUSE EIGHT PEOPLE, TEN PEOPLE.

SOMETHING LIKE THAT.

YES, SIR. OKAY.

UNLESS YOU RESTRICT.

THE NUMBER OF FOLKS TO SIX OR FOUR OR SOME OTHER, SO WE CAN BUILD THAT REQUIREMENT, THAT RESTRICTION OF SIX INTO THE SPECIAL USE PERMIT.

ABSOLUTELY. OKAY.

SO IS THAT SOMETHING THAT WE NEED TO PUT INTO A RECOMMENDATION? YES, YOU CAN MAKE THE RECOMMENDATION TO APPROVE WITH THE CONDITIONS AS SPELLED OUT BY STAFF IN ADDITION TO R ESTRICTING THE NUMBER OF I DON'T KNOW, WHAT ARE THEY CALLED RESIDENTS OR TO SIX.

INCLUDING AN ADMINISTRATOR.

WHATEVER ELSE.

DOES THE SUPERMAJORITY REQUIREMENT APPLY TO THIS BODY AS WELL? I'M TALKING TO STAFF.

[00:55:01]

NOT NECESSARILY.

NO, I MEAN DOESN'T APPLY.

YOU MAY WANT TO CONSIDER IT IN THINKING ABOUT YOUR RECOMMENDATION, BUT IT DOESN'T APPLY.

WELL, I MEAN, IT APPLIES TO COUNCIL BECAUSE IT DOES APPLY TO COUNCIL.

YES. IT DOES NOT APPLY TO US.

CORRECT. IT DOESN'T LIMIT YOU.

OKAY. SUPERMAJORITY, THE SUPERMAJORITY REQUIREMENT THAT THE COUNCIL WILL BE UNDER BECAUSE OF THE ANY OTHER COMMENTS? QUESTIONS? OKAY.

HEARING NONE, I'LL ENTERTAIN A MOTION FOR APPROVAL FOR RECOMMENDATION TO CITY COUNCIL.

I HAVE A QUESTION.

DO WE HAVE ANYTHING SIMILAR IN DECATUR? I WOULD HAVE TO ASK, CHIEF.

I DON'T THINK SO.

AND HAVE ANOTHER QUESTION.

ARE THESE GOING TO BE LIMITED TO PEOPLE THAT LIVE IN WISE COUNTY, OR THAT ARE PEOPLE IN OUR COMMUNITY? THEY'RE NOT GOING TO BE COMING FROM EAST DALLAS OR WHEREVER.

AND THEY CANNOT, AM I? DID YOU SAY THEY WON'T HAVE GUESTS IN THE HOUSE? SO WHERE WILL THEY HAVE GUEST? WHERE WILL THEY VISIT WITH FRIENDS? I'M SORRY. I'M SORRY I DID IT.

NAME AND ADDRESS.

DEBORAH LUSK, 1900 WEST BUSINESS.

THANK YOU. DEBORAH. OKAY.

NO, THE HOUSE HAS A CURFEW AT 10:00.

ALL RIGHT. SO, THE WEEKENDS, THEY ARE PERMITTED TO HAVE A FAMILY MEMBER OVER.

SOME MIGHT WANT TO HAVE THEIR CHILDREN OVER TO COME AND VISIT.

YOU KNOW, IF THEY HAVE VISITATION, THEY'RE WELCOME TO DO THAT.

BUT THE HOUSE CLOSES DOWN AT TEN.

THAT MEANS ALL ACTIVITY CEASES.

IS THERE A TIME LIMIT ON THE DURATION OF TIME WHERE PEOPLE ARE ALLOWED TO STAY THERE? LIKE, ARE THEY IN AND OUT WITHIN 90 DAYS OR SOMETHING? WELL, WE ARE GOING TO BE PUSHING AND ADVOCATING FOR THEM WITH THEIR JOBS AND HOW TO SAVE MONEY.

WE'RE GOING TO DO BUDGETING AND WE HAVE CLASSES FOR THAT AS WELL.

SO WE ALSO ARE LOOKING AT, OKAY, WHERE CAN THEY GO TO OR LIVE.

YOU KNOW WHO IS RENTING RENTAL SPOTS.

HOW MUCH MONEY WILL THEY HAVE TO SAVE.

ALL OF THAT IS GOING TO BE TAUGHT TO THEM.

AND WE'RE GOING TO BE ADVOCATES FOR HELPING THEM.

NOT JUST ME, BUT THE PROBATION DEPARTMENT AS WELL.

DOES THAT ANSWER YOUR QUESTION? YEAH.

BUT [INAUDIBLE] I UNDERSTAND ALL THAT AND I APPRECIATE THAT, BUT.

BUT THERE'S TIME LIMIT.

I HAVEN'T BUILT A TIME LIMIT IN THERE.

SOME MAY BE A LITTLE BIT LONGER THAN OTHERS.

SO, YOU KNOW, ANYWHERE I'M, I'M GOING TO GO WITH KNOWING HOW LONG IT TAKES SOMEONE TO COMPLETELY, SUCCESSFULLY COMPLETE THAT PROGRAM THAT WE ARE OFFERING ON AN OUTPATIENT TO GET STABILIZED FINANCIALLY IS ABOUT SIX MONTHS.

OKAY. SO IT'S NOT GOING TO BE LIKE A YEAR.

OH NO NO NO NO NO NO NO NO.

NO, I MEAN, THE PURPOSE OF THE FACILITY IS TO TRANSITION THEM OUT OF THE FACILITY AND BACK INTO EXACTLY AND BACK INTO THE COMMUNITY STABLE.

YES. DEBORAH, BEFORE YOU LEAVE, HOLD ON.

OKAY. DOES ANYBODY ELSE HAVE A QUESTION? YEAH, I GUESS I HAVE A QUESTION.

BECAUSE I'M KIND OF CURIOUS.

I MEAN, I THINK THE FACILITY SOUNDS GREAT AND NEEDED, BUT THERE'S A LOT OF OPPOSITION TO IT.

SO I HAVE SYMPATHY IN THAT RESPECT AS WELL.

BUT I'M WONDERING IF YOU'VE MET WITH ANY OF THESE PEOPLE PRIOR TONIGHT.

AND. OKAY, BECAUSE I WAS LOOKING ON THE CIRCLE AND I SAW TWO BACKYARDS, SO I'M KIND OF WONDERING WHY WAY OVER THERE, ARE THEY EVEN HAVING A OPPOSITION COUNTING AS OPPOSED IF THEY'RE NOT EVEN WITHIN THE 200FT²? DEDRA AM I CORRECT THAT IF THEY'RE THAT FAR AWAY, THEY DO NOT COUNT TOWARDS THE PERCENTAGE? YOU GOT TO BE INSIDE THE CIRCLE TO COUNT TOWARDS THE PERCENTAGE THAT.

YES, YES.

OKAY, I UNDERSTAND. THANK YOU.

COME ON BACK UP, DWIGHT.

YEAH. COME ON UP.

ARE YOU? [INAUDIBLE] DWIGHT REEVES, 402 SOUTH BOSQUE DRIVE, DECATUR, TEXAS.

I GUESS MY THOUGHT.

AND I WOULD NOT LIKE TO BE IN YOU GUYS POSITION ON THIS, BUT THIS IS SIMILAR TO THE COFFEE SHOP DEAL THAT WE OPPOSED EARLIER.

[01:00:04]

I UNDERSTAND THAT DEBORAH IS SO INTENT ON THIS AND I UNDERSTAND HER PASSION ON THIS, BUT ONCE SHE SELLS THAT PROPERTY, HAD IT BEEN THE COFFEE SHOP, IT COULD HAVE IT WOULD HAVE BEEN SOMETHING ELSE AND SOMETHING THAT PROBABLY COULD POSSIBLY THAT THE NEIGHBORHOOD WOULD NOT HAVE ACCEPTED THAT TIME.

SO IN THE LONG TERM, ON THE PROPERTY, NO MATTER WHAT THE USE IS RIGHT NOW, ONCE IT SELLS, NO ONE HAS CONTROL OF IT BUT THE NEW OWNER AND WHATEVER THEY WANT TO USE IT FOR, YOU'VE ZONED IT FOR THAT PARTICULAR THING.

THIS. THIS IS NOT A ZONING.

THIS IS A SPECIAL USE PERMIT OKAY. OH, I'M SO SORRY.

THE ZONING IS C-1, EVEN THOUGH SPECIFIC USE PERMITS ARE PROCESSED LIKE ZONING CHANGES, IT IS NOT A ZONING CHANGE.

OKAY? MEANING BECAUSE IT'S ALREADY C-1, IT CAN BE A BUSINESS CAN GO IN THERE.

THAT WOULDN'T BE OUR BUSINESS.

WE WOULDN'T EVEN BE CONCERNED WITH THAT PERIOD.

OKAY. THIS IS FOR THE SPECIFIC USE PERMIT FOR THE PURPOSE OF USING IT AS A HALFWAY HOUSE FOR A SOBER LIVING.

AND THAT'S REALLY THE ONLY ISSUE HERE.

IF IT CHANGED OWNERSHIP, ANOTHER OWNER COULD CONTINUE THAT USE.

OKAY. BUT WITH SIX RESIDENTS, IF WE BUILT THAT INTO IF THAT'S WHAT WE IF WE BUILD THAT INTO THE COMMERCIAL USE.

THANKS. ANY OTHER QUESTIONS? OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION TO APPROVE RECOMMENDATION TO CITY COUNCIL, OR DENY.

I'LL MAKE A MOTION TO RECOMMEND DENIAL TO CITY COUNCIL.

I'LL SECOND IT. OKAY.

I'VE GOT A MOTION FOR DENIAL FROM COMMISSIONER LANIER AND A SECOND FROM COMMISSIONER BERUBE TO RECOMMEND DENIAL. THOSE IN FAVOR? AYE AYE. AYE AYE AYE.

THOSE OPPOSED.

NAY. NAY.

YOU GET TO VOTE? YEAH I KNOW.

YOU'RE WELCOME. NAY.

THAT LEAVES US WITH NO RECOMMENDATION.

NO RECOMMENDATION.

I WOULD THEN, IN THE ALTERNATIVE, OFFER A MOTION THAT WE APPROVE THE REQUEST FOR A SPECIAL USE PERMIT WITH THE ADDITIONAL CONDITION THAT NO MORE. THERE BE NO MORE THAN FIVE RESIDENTS WITHIN THE HOUSE AT ANY TIME, INCLUDING ANY RESIDENT SUPERVISOR.

NO MORE THAN SIX INDIVIDUALS COULD BE RESIDING THERE AT ANY GIVEN TIME.

DID I MISS SOMETHING PAM? CECIL DID YOU VOTE? YES I DID.

HE VOTED NAY, NAY ON THAT LAST MOTION.

SO NOW MASON IS MAKING A NEW MOTION WITH AN ADDITIONAL.

THE MOTION WAS VOTED DOWN TO DENY.

SO I AM NOW OFFERING A MOTION TO APPROVE IT WITH THE CONDITION OF A MAXIMUM OF SIX PEOPLE THERE.

OKAY, YOU CAN DO THAT BECAUSE I THOUGHT THE DENIAL WOULD STAND.

NO, THE DENIAL FAILED FOR THAT MOTION.

THIS IS A DIFFERENT MOTION.

THE MOTION WAS TO DENY HE VOTED NAY, WHICH MEANS HE VOTED.

WE ARE OKAY, RIGHT, PAM? YEAH, OKAY.

YES. OKAY.

I'LL SECOND. OKAY.

WE'VE GOT A MOTION FOR APPROVAL OR RECOMMENDATION TO CITY COUNCIL, WITH THE, CONDITIONS OF NO MORE THAN SIX ADDED TO WHAT STAFF HAS GOT ALREADY.

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

I'VE GOT A SECOND FROM COMMISSIONER CROSS.

THOSE IN FAVOR? AYE, AYE.

THOSE OPPOSED? NAY, NAY.

I. OKAY.

GOING TO, NONPUBLIC HEARING.

I'M SORRY. PUBLIC HEARING ITEM SIX.

IT IS NOW 6:36.

SO LET ME MAKE SURE THAT I HAVE CORRECT NOTES.

SO THE LAST MOTION, RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE SUP WITH THE LIMITATION THAT THERE BE NO MORE THAN SIX RESIDENTS.

[01:05:01]

THAT'S CORRECT. IT PASSED 3 TO 2.

THAT'S CORRECT. THANK YOU.

FIVE RESIDENTS AND, WELL, A TOTAL OF SIX RESIDENTS.

BUT THAT WOULD INCLUDE A RESIDENT CANDIDATES AND YEAH IF THERE IF THERE IS ONE.

THANK YOU. GUY, IF YOU DON'T MIND STICKING AROUND ANY LONGER I'D KIND OF LIKE TO TALK TO YOU ALL AFTER THIS IS OVER, IF THAT'S OKAY.

I WOULD LIKE TO TALK TO YOU ALL AFTER THIS IS OVER, IF THAT'S OKAY WITH YOU.

I WILL ALSO POINT OUT THAT IF THE CITY COUNCIL VOTES LIKE THIS, Y'ALL WILL WIN BECAUSE IT WILL BE A SUPERMAJORITY REQUIREMENT THERE.

AND WE DID NOT HAVE A SUPERMAJORITY HERE, SO I'M NOT SURE WHAT THEY'LL DO.

OKAY. MOVING TO ITEM SIX, PUBLIC HEARING ITEM I THINK WE OPENED THIS UP AT 6:36, DEDRA.

[ITEM 6: SUP2024-02 Hold a public hearing and make a recommendation to City Council regarding a request from Matthew Cooke to allow a detached Accessory Dwelling in a SF-2, Single-Family Residential Zoning District, on approximately 0.22 acres of land located at 305/307 S. Trinity Street. ]

THIS IS, AGENDA ITEM SIX.

IT'S MATTHEW COOKE'S REQUEST TO GRANT A SPECIFIC USE PERMIT TO ALLOW A DETACHED ACCESSORY DWELLING AND AN SF TWO SINGLE FAMILY RESIDENTIAL ZONING DISTRICT PROPERTY IS APPROXIMATELY 0.22 ACRES OF LAND, AND ITS LEGAL DESCRIPTION IS BLOCK THREE STRATTON ADDITION.

EXCUSE ME PROPERTY IS MORE COMMONLY REFERRED TO AS 305 SOUTH TRINITY.

NEXT SLIDE. THE ZONING ORDINANCE, WHICH WAS AMENDED IN 2015 AND DOES STIPULATE THAT AN ACCESSORY DWELLINGS ARE PERMITTED WITH AN APPROVED SPECIFIC USE PERMIT.

IN CERTAIN ZONING DISTRICTS, INCLUDING THE SF-2 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT.

THE STRUCTURE FOR THE PROPOSED DETACHED ACCESSORY DWELLING HAS BEEN IN EXISTENCE SINCE 1940, PER THE WISE COUNTY APPRAISAL DISTRICT.

THE SITE PLAN THAT WAS SUBMITTED IS IN SUBSTANTIAL COMPLIANCE WITH THE CRITERIA FOR GRANTING MIC].

DO WE HAVE THE APPLICANT HERE? DO YOU HAVE ANYBODY IN THE AUDIENCE WISHING TO SPEAK? DO WE HAVE ANYBODY ONLINE? HEARING NONE, I'M GOING TO CLOSE THIS PUBLIC HEARING ITEM.

IT IS NOW 6:39.

COMMISSIONERS, ANY QUESTIONS, COMMENTS OR CONCERNS? OKAY. HEARING NONE, I'LL ENTERTAIN A MOTION FOR RECOMMENDING APPROVAL TO CITY COUNCIL ON SUP 2024-02.

I'LL MAKE A MOTION TO RECOMMEND APPROVAL TO CITY COUNCIL.

OKAY, I'VE GOT A MOTION FROM COMMISSIONER BERUBE FOR APPROVAL.

I NEED A SECOND.

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

ALL IN FAVOR? AYE, AYE.

THOSE OPPOSED? VERY GOOD. FOR YOUR INFORMATION.

[ITEM 7: Discussion of future agenda new business items, staff requests and potential special called meeting and/or workshop requests: a. As of agenda posting, the March 5, 2024, meeting currently has no (0) new Planning applications. Submittal deadline was February 5, 2024, at 5:00 p.m. ]

IN THE POSTING THE MARCH 5TH, 2024 MEETING CURRENTLY HAS NO NEW PLANNING APPLICATIONS, SO WE WILL LET YOU KNOW IF SOMETHING CHANGES, BUT THE SUBMITTAL DEADLINE IS FEBRUARY 5TH.

TUESDAY. YEAH.

MY DAYS ARE MIXED UP AT 5:00.

SO WE THEY STILL HAVE A FEW, FEW MORE DAYS TO SUBMIT TO US.

MONDAY. YEAH, OKAY.

BUT AS OF RIGHT NOW, WE DON'T HAVE ANYTHING.

[01:10:01]

NOPE. DEDRA.

BUT THINGS CAN CHANGE QUICKLY.

THE MEETING WILL BE IN THE ANNEX NEXT DOOR.

THE MARCH ONE, IF WE HAVE ONE.

IF WE HAVE ONE, IT'LL BE NEXT DOOR.