[*A portion of the meeting does not contain audio]
[00:00:16]
TO PRELIMINARY PLAT NOUVELLE TERRACE LOFT ADDITION TO THE CITY OF DECATUR.
[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.]
IT'S AN APPROXIMATELY 8.496 ACRE TRACT OF LAND IN THE DAVID MOSES SURVEY ABSTRACT 537.PROPERTY IS MORE COMMONLY REFERRED TO AS 700 SOUTH DEER PARK ROAD.
YOU GUYS HAVE SEEN THIS APPLICATION SEVERAL TIMES.
THE PLAT, AS WE HAVE MENTIONED BEFORE, DOES NOT MEET THE MINIMUM REQUIREMENTS OF THE CITY'S ZONING ORDINANCE, SUBDIVISION REGULATIONS, AND THE DESIGN STANDARD, BUT MORE SPECIFICALLY, THE SUBDIVISION REGULATIONS.
AS OF MARCH 26, 2024, A 30 DAYS EXTENSION HAS NOT BEEN SUBMITTED.
THE APPLICANT WAS PROVIDED THE COMMENTS.
IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 212 OF THE TEXAS LOCAL GOVERNMENT CODE, STAFF POSTED THE ITEM FOR THE COMMISSION TO RECOMMEND APPROVAL, APPROVAL WITH CONDITIONS OR DENIAL TO THE CITY COUNCIL TO ENSURE COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT.
STAFF IS RECOMMENDING DENIAL OF THE PRELIMINARY PLAT APPLICATION, BUT JUST SO YOU ARE AWARE, THE APPLICANT IS REQUESTING CONDITIONAL APPROVAL OF THE PLAT.
AS I MENTIONED, MR. ROSTRUM ZENO IS HERE IF YOU WANT TO HAVE HIM SPEAK OR ASK QUESTIONS.
IT'S TECHNICALLY NOT A PUBLIC HEARING, BUT YOU DO HAVE THAT FLEXIBILITY.
ZENO. HOW DO YOU PRONOUNCE YOUR LAST NAME? ROSTRUM?
>> THIS IS MR. ALI, I'M SORRY.
IT'S NOT ON YOUR END. IT'S ON OUR END.
>> MY THING SAYS STAFF RECOMMENDS CONDITIONAL APPROVAL.
>> PLEASE COME ON UP AND GIVE US YOUR NAME AND ADDRESS.
>> ALI, 5509 SNOW BERRY DRIVE, PLANO, TEXAS.
>> WE ARE REQUESTING FOR A CONDITIONAL APPROVAL FOR THE DECATUR DEER RUN PROJECT AT NOUVELLE TERRACE AND ZENO ROSTRUM IS OUR ARCHITECT.
>> YEAH. YOU HAD SOME CONDITIONS?
>> YEAH. THE ONLY CONDITION WHICH IS PENDING RIGHT NOW IS A SIGNATURE FROM THE GAS COMPANY.
>> ZENO, CAN YOU CAN YOU HEAR US?
>> THEY WILL ONLY SIGN THE DOCUMENT WHEN THEY PHYSICALLY DO THE WORK.
THE CITY AND THE OTHER, THEY WERE ASKING FOR THE SIGNATURE BEFORE THE WORK IS DONE.
>> I'M SORRY. IT'S VERY SIMILAR TO THE ISSUE WITH THE PARK OR MEADOW CREEK.
>> THAT YOU GUYS GAVE THE CONDITIONAL APPROVAL ON LAST MONTH? THE SAME ISSUES.
>> AWESOME. GOOD AFTERNOON, EVERYBODY.
AS MR. MIR MUHAMMAD ALI MENTIONED, WE ARE OBVIOUSLY PENDING THAT FINAL SIGNATURE FROM ENLINK AND OF COURSE, THAT IS CURRENTLY PENDING.
THEY WILL NOT BE SIGNING OR GIVING US THAT SIGNATURE UNLESS THE ACTUAL WORK HAS BEEN COMPLETED.
AT THIS STAGE OF OUR PRELIMINARY PLAN,
[00:05:01]
WE ARE HUMBLY REQUESTING A CONDITIONAL APPROVAL IN ORDER FOR US TO MOVE FORWARD TO ALSO SATISFY MOVING DEADLINE FOR THEM.>> I HAVE A QUESTION BECAUSE I'M UNCLEAR ABOUT SOMETHING WITH MEADOW CREEK.
YOU RECOMMENDED THIS BODY, RECOMMENDED APPROVAL WITH THE CONDITION THAT THE GAS WELL OPERATOR LETTER COME IN BEFORE THE FINAL PLAT COULD BE APPROVED.
WHAT I'M HEARING MR. ROSTRUM SAY IS THAT, SO NO CONSTRUCTION CAN OCCUR.
I WANT NEDRA TO JUMP IN BECAUSE I MAY MISUNDERSTAND SOMETHING.
BUT MY UNDERSTANDING IS THAT NO CONSTRUCTION CAN OCCUR UNTIL AFTER THE FINAL PLAT IS APPROVED.
THE WORK, IT SOUNDS LIKE IS NOT GOING TO BE DONE UNTIL AFTER THE FINAL PLAT IS APPROVED.
BUT THE CONDITIONAL APPROVAL THAT YOU GUYS GAVE TO MEADOW CREEK WAS BEFORE THE FINAL PLAT COULD BE APPROVED, THE LETTER WOULD NEED TO COME IN.
>> THAT'S CORRECT. WE'RE STILL NOT CLEAR FROM THE SERVICE PROVIDERS WHAT THAT MEANS.
I MEAN, THEY'RE NOT TALKING TO US.
THEY'RE NOT TELLING US WE'RE NOT GOING TO SIGN ANYTHING UNTIL SUCH AND SUCH IS DONE.
WE'RE HEARING THIS FROM THE DEVELOPER AND FROM MEADOW CREEK.
WHAT WE HEARD FROM THEM IS THAT THEY CAN'T DO THE FINAL PLAT UNTIL.
>> THIS BODY RECOMMENDED APPROVAL.
THEN THE CITY COUNCIL APPROVED?
>> NOT PUTTING A FINAL PLAT BEFORE THEM UNTIL THE LETTER CAME IN.
>> THAT'S A BIT OF A DISCREPANCY FROM WHAT MR. ROSTRUM JUST SAID.
BECAUSE IT SOUNDS LIKE HE'S SAYING THAT THE PROVIDER WON'T GIVE THE LETTER UNTIL THE WORK HAS BEEN DONE, BUT THE WORK CAN'T BE DONE UNTIL THE FINAL PLAT IS APPROVED?
>> NO, MA'AM. MAY I QUICKLY JUMP IN?
>> WE DO HAVE AN INITIAL SIGNATURE FROM ENLINK.
WE DO HAVE A SIGNATURE THAT WE PROVIDED TO CITY OF DECATUR, AND THAT IS AN INITIAL SIGNATURE.
BUT THE ACTUAL FINAL SIGNATURE FOR THE RIGHT OF WAY IS WHAT CITY OF DECATUR DOES REQUEST.
WE ARE IN THE SAME, BASICALLY BOAT THAT WOULD NEED A CONDITIONAL APPROVAL IN ORDER FOR US TO MOVE FORWARD WITH THE FINAL PLAT.
>> YEAH, IT SOUNDS LIKE THE SAME THING.
YOU GUYS WILL BE ABLE TO CONSTRUCT OR RELOCATE THE LINE ACCORDING TO ENLINK AND THEN THEY WILL BE ABLE TO GIVE YOU THE LETTER, SO THAT YOU CAN PREPARE YOUR FINAL PLAT.
IS THAT IS THAT THE CORRECT UNDERSTANDING?
>> THAT IS THE CORRECT UNDERSTANDING.
>> OKAY. THEN WE'RE ALL ON THE SAME PAGE.
>> ME TOO A LITTLE BIT IN ALL HONESTY.
>> RIGHT NOW, STAFF IS RECOMMENDING DENIAL.
HOWEVER, WE WOULD LIKE TO GO AHEAD AND GO FORWARD WITH THIS IF WE CAN, AND IF WE CAN, WE NEED TO MAKE A RECOMMENDATION FOR APPROVAL WITH THE CONDITION THAT THEY WILL NOT SUBMIT A FINAL PLAT.
WELL, PAM CAN PROBABLY GIVE YOU THE LEGAL TERM.
>> WHAT CHERYL JUST PULLED UP WAS THE RECOMMENDATION THAT CAME OUT OF THIS BODY ON THE OTHER PROJECT, IF YOU LOOK AT UNDERNEATH THOSE UNDERLINES, THE PLANNING AND ZONING COMMISSION RECOMMENDED CONDITIONAL APPROVAL WITH THE CONDITION THAT NO FINAL PLAT BE APPROVED AND NO CONSTRUCTION BE ALLOWED UNTIL THE ACCEPTANCE LETTER OF APPROVAL FROM THE SERVICE PROVIDER ENLINK IS RECEIVED.
SO THAT WAS THE MOTION THAT YOU MADE IN THE LAST SIMILAR CASE IF YOU CHOOSE TO DO THE SAME TONIGHT.
DOES THAT SEEM TO MAKE SENSE FOR YOU GUYS?
>> THEY WOULD NOT SIGN WITHOUT THE ACTUAL WORK BE COMPLETE.
>> I HAVE A COUPLE OF WHEN YOU GET READY.
>> THAT PHRASING CONFUSES ME BECAUSE YOU CAN'T DO THE WORK UNTIL THE FINAL PLAT IS APPROVED.
>> WELL, IT SAYS NO CONSTRUCTION.
I THINK THAT'S A LITTLE DIFFERENT.
>> CORRECT ME IF I'M WRONG, THE FIRST THING WHICH NEEDS TO HAPPEN IS FOR THAT GAS LINE TO MOVE.
[00:10:01]
THAT'S A VERY FIRST STEP TO HAPPEN.>> REQUESTING FOR AN APPROVAL FOR THAT FIRST STEP TO HAPPEN SO THAT, YOU KNOW, WE CAN GET THAT OUT OF OUR WAY AND WE CAN REQUEST THE CITY AGAIN FOR A FULL CONSTRUCTION.
WE ARE TO EXTEND TROPHY RIDGE ACCORDING TO OUR CIVIL PLANS.
IN ORDER FOR US TO DO THAT, WE WILL HAVE TO ADDRESS THAT GAS PIPE THAT RUNS UNDERNEATH TROPHY RIDGE BEING EXTENDED, AND THEREFORE, WE CANNOT DO ANY CONSTRUCTION UNTIL THAT PIPE IS RELOCATED, PER RECOMMENDATIONS OF LINK AND THEIR INSPECTIONS, TO MAKE SURE EVERYTHING IS ON THE UP AND UP ON OUR END AND THEIR END, AND AT THAT POINT WE COMPLETE THAT SIGNATURE WHICH IS THE RIGHT OF WAY MOVEMENT SUBMITTED TO THE CITY ALONG WITH OUR FINAL PLAT, AND WE WILL BE MOVING FORWARD WITH CONSTRUCTION WITH EVERYBODY'S BLESSINGS.
>> I SEE THE CITY ENGINEER ON EARL, CAN YOU SHED LIGHT ON WHAT IS BEING DISCUSSED? YEAH. THE PROCESS FOR RELOCATING THE LINE IN RELATION TO THE FINAL PLAT IN RELATION TO APPROVAL FOR CONSTRUCTION.
>> OKAY. TYPICALLY, THE DEVELOPERS NEED APPROVAL OF A PRELIMINARY PLAT THAT FREES THEM UP TO PROCEED WITH THEIR PREPARATION OF CONSTRUCTION DOCUMENTS, THE PLANS FOR THE PROJECT AND THE FINAL PLAT.
BECAUSE WHEN HE TURNS HIS FINAL PLAT IN, HE WILL HAVE AN APPROVED SET OF CIVIL PLANS FOR THE PROJECT.
THAT'S GOING TO BE STREETS, WATER, SEWER, DRAINAGE, ANY RELOCATIONS OF OTHER UTILITIES THAT HAVE TO OCCUR.
NOW, THEY HAVE SHOWN ON THEIR PRELIMINARY PLAT WHERE THEY'RE GOING TO RELOCATE THE EXISTING GAS LINE, WHICH IS OKAY WITH THE CITY, IT'S OUT OF OUR WAY, AND THEY SHOW WHERE A PROPOSED EASEMENT WILL GO WHEN THAT LINE GETS RELOCATED.
TO ME, THE CONDITIONAL APPROVAL, WITH THE WAY WE GET TANGLED UP WITH THE GAS LINE OPERATORS AND THINGS, I THINK WE'RE GOING TO SEE IT MORE AND MORE WITH OTHER PROJECTS THAT HAVE CONFLICTS WITH THESE OTHER UTILITIES.
I'M WITH US NEEDING CERTAIN APPROVALS FROM GAS LINE OPERATORS.
>> I'M SORRY TO INTERRUPT, BUT I WANT TO MAKE SURE BECAUSE I NEED TO STAY MENTALLY ON TRACK WITH WHAT YOU'RE SAYING TOO.
SO YOU GOT TO THE POINT OF CONSTRUCTION PLANS AND CIVIL PLANS.
WHEN THIS GAS LINE MOVE PLACE AND BY WHOM?
>> WELL, IT GETS IT GETS MOVED BY THE DEVELOPER, AND IT HAS TO GET MOVED BEFORE THEY CAN START OTHER UTILITY AND STREET CONSTRUCTION FOR THEIR PROJECT.
>> WOULD THAT BE AFTER FINAL PLAT?
>> IT'LL BE DURING FINAL PLAT.
IF THEY TURNED IN A FINAL PLAT THAT SHOWED A NEW UTILITY EASEMENT FOR THE GAS LINE THAT MATCHED WHAT THEY SHOW ON THE PLENARY PLAT.
IT WOULD BE APPROVABLE BY ME, BY THE CITY ENGINEER.
>> THIS IS THE PART I'M REALLY ASKING.
THEY CAN'T DO ANY CONSTRUCTION UNTIL AFTER THE FINAL PLAT IS APPROVED, CORRECT?
>> TYPICALLY, YES, THAT'S CORRECT.
>> YEAH, AND LEGALLY, THAT'S CORRECT.
>> CORRECT ME IF I'M WRONG, SO THE FIRST, SO WE ARE AGAIN, DEVELOPERS AND OWNERS, AND THE ENLINK IS THE COMPANY WHO HAS THE PIPELINE AND THEY WILL NOT ALLOW US TO TOUCH THEIR LINE OR EVEN MOVE THEIR LINE.
IF WE GET THE CONDITIONAL APPROVAL, IT'S UPON THEM LINK TO MOVE THEIR OWN LINE TO THE NEW LOCATION THAT WE ARE SHOWING ON THE TROPHY, RICH.
THAT WILL ALLOW THEM TO PHYSICALLY MOVE THE LINE.
THEN FOR US TO AGAIN SUBMIT A FINAL PLAT WITH THAT NEW LOCATION OF THE LINE SO THAT YOU CAN APPROVE THE FINAL PLAT.
>> NOW, I THINK YES, AND THE CITY MANAGER OF COURSE,
[00:15:01]
IS PULLING THIS ALL TOGETHER.ENLINK IS GOING TO MOVE THAT LINE. NOT YOU.
>> YEAH, NOT US. ENLINK WILL MOVE THE LINE.
>> SURE. CAN YOU PUT THAT BACK UP THERE? WHAT THE VERBIAGE WAS,.
>> COMMISSIONERS, FROM MY STANDPOINT, THAT WORKS WHAT WE JUST ARRIVED AT, AND IF WE NEED TO CLARIFY THAT FURTHER, THAT GOT CONFUSING, THEN WE CAN DO THAT.
BUT I UNDERSTAND NOW AND THAT PROCESS WORKS.
>> WHAT WE WOULD LIKE TO DO THERE IS TO GIVE A CONDITIONAL APPROVAL.
>> I HAVE ONE OTHER QUESTION, IF YOU DON'T MIND.
>> THIS IS THE ONLY ISSUE THAT NEEDS TO BE ADDRESSED.
I JUST WANTED TO MAKE SURE THAT THERE WEREN'T OTHER OUTSTANDING ISSUES.
>> WELL, I'M CONFUSED BECAUSE WHAT I PRINTED OUT ON MY AGENDA TONIGHT SAID THE STAFF RECOMMENDS CONDITIONAL APPROVAL, BUT UP HERE TONIGHT, IT SAID THAT THEY RECOMMENDED DENIAL, SO WHAT IS STAFF RECOMMENDING?
>> STAFF IS RECOMMENDING DENIAL.
AND WHY DOES AND WHAT YOU DID ON THE OTHER?
>> BECAUSE IT DOESN'T MEET THE LETTER OF THE ORDINANCE.
BECAUSE THEY DON'T HAVE THE LETTER.
>> IF I MAY. THE STAFF'S JOB IS TO PROTECT THE PUBLIC HEALTH WELFARE AND SECURITIES AND THEIR ACTION BY DENYING IS MOST APPROPRIATE.
THIS IS WHERE YOUR BODY GETS TO FUNCTION IN ITS FULLEST CAPACITY AND MAKING A LOGICAL DECISION BASED ON ALL THE FACTS.
STAFF HAS DONE A FANTASTIC JOB IN THIS CASE AND OTHER CASES OF ENSURING THAT THEIR STATEMENT IS IN THE BEST INTEREST OF PUBLIC HEALTH, WELFARE AND SAFETY.
IF YOU SO CHOOSE TO TAKE THIS PATH TONIGHT, YOU'RE ALLOWING A CONDITIONAL APPROVAL THAT WILL LET THE REST OF THE PROCESS TAKE PLACE.
RELOCATING THAT GAS LINE BETWEEN THE PRELIMINARY PLANTING STAGE AND THE FINAL PLANTING STAGE UNLOCKS THE PROJECT, ALLOWING FOR STAFF'S WISHES TO BE CARRIED OUT AND CAPTURED AT THE FINAL PLAT VIA THE MOVEMENT OF THE GAS LINE.
I HOPE THAT HELPS TO CLEAR THAT UP.
OF COURSE. DID THAT HELP MISS TERRY?
>> ANY OTHER QUESTIONS? PAM, HELP ME HOLD MY HAND ON THIS ONE.
I UNDERSTAND THAT WE WOULD LIKE TO RECOMMEND A CONDITIONAL APPROVAL WITH THE CONDITION THAT NO FINAL PLAT CAN BE APPROVED AND NO CONSTRUCTION CAN BE ALLOWED UNTIL THE ACCEPTANCE LETTER OF APPROVAL FROM THE SERVICE PROVIDER ENLINK HAS RECEIVED IS THAT CORRECT?
>> IF THAT'S THE MOTION YOU'D LIKE TO ENTERTAIN, SOMEBODY WOULD LIKE TO MAKE THAT MOTION. YES, SIR.
>> HEARING THAT, HAS ANYBODY GOT ANY OTHER QUESTIONS BEFORE WE MOVE? OKAY. I'LL ENTERTAIN A MOTION TO RECOMMEND APPROVAL OR DENIAL.
>> I WOULD LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL TO THE CITY COUNCIL, A CONDITIONAL APPROVAL OF THIS PRELIMINARY PLAT, ON THE CONDITION THAT NO FINAL PLAT BE APPROVED AND NO CONSTRUCTION BE ALLOWED UNTIL THE ACCEPTANCE LETTER OF APPROVAL IS RECEIVED FROM THE SERVICE PROVIDER ENLINK.
>> I'VE GOT A MOTION FOR RECOMMENDING APPROVAL FROM COMMISSIONER CLOSSY, I NEED A SECOND.
>> I'VE GOT A SECOND FROM COMMISSIONER LANIER.
>> THOSE OPPOSED? MOTION CARRIES.
>> GOOD LUCK WITH THE PROJECT.
WE'RE NOW GOING TO GO INTO PUBLIC HEARING ITEMS, AND WHEN WE'RE IN PUBLIC HEARING, THE COMMISSION IS NOT ALLOWED TO ASK QUESTIONS, RESPOND TO QUESTIONS, OR COMMENT.
DURING THE PUBLIC HEARING, THE COMMISSIONERS WILL RESERVE ALL QUESTIONS UNTIL AFTER THE PUBLIC HEARING IS CLOSED AND THE DISCUSSION ITEM IS OPENED.
WE'RE GOING TO MOVE INTO PUBLIC HEARING ITEM 3.
[ITEM 3: SUP2024-03 Hold a public hearing and make a recommendation to City Council regarding a request from Sharon Hernandez to allow a Restaurant in a C-1, Restricted Business Zoning District, on approximately 0.675 acres of land located at 603 W. Main Street, Decatur, Texas.]
IT IS GOING TO OPEN UP NOW AT 5:50. DEDRA?>> THIS IS MISS SHARON HERNANDEZ'S REQUEST TO GRANT A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN A C1 RESTRICTED BUSINESS ZONING DISTRICT.
THE PROPERTY IS APPROXIMATELY 0.675 ACRES, LEGALLY DESCRIBED AS LOT 9RSL BROWN ADDITION PROPERTY IS MORE COMMONLY REFERRED TO AS 603 WEST MAIN STREET,
[00:20:02]
AS YOU GUYS KNOW, AND WE CONTINUE TO REMIND YOU THAT THE ZONING ORDINANCE WAS AMENDED AND ADOPTED ON MARCH 23, 2015.ARTICLE 6 DOES PROVIDE THAT RESTAURANTS ARE PERMITTED IN CERTAIN ZONING DISTRICTS, INCLUDING THE C1 RESTRICTED BUSINESS ZONING DISTRICT WITH A SPECIFIC USE PERMIT.
THE PROPOSED APPLICATION FOR A RESTAURANT AND THE SITE PLAN AREN'T IN COMPLIANCE WITH GRANTING THE SUP.
STAFF IS RECOMMENDING NO ADDITIONAL CONDITIONS AND STAFF IS RECOMMENDING APPROVAL OF SUP 2024-03.
HERE YOU HAVE THE EXISTING LAND USE, EXISTING ZONING, AND THEN THE RESPONSE MAP.
WE DID SEND IT OUT TO 33 PROPERTY OWNERS AND DID NOT RECEIVE ANY RESPONSES BACK.
THAT'S THE PROPOSED SITE PLAN AND FLOOR PLAN.
>> OH, THAT'S IT. I THOUGHT YOU WERE SAYING IS IT.
>> COULD WE HAVE ANYONE IN THE AUDIENCE THAT WISHES TO SPEAK ON THIS AGENDA ITEM? YEAH. COME RIGHT ON UP.
GIVE US YOUR NAME AND ADDRESS.
I'M HERE ON BEHALF OF MY MOM, SHARON WITH CHERRY PIE & CO.
>> WHAT ARE YOU ALL GOING TO MAKE?
WE'RE GOING TO BE SERVING BREAKFAST AND LUNCH AT MAIN STREET CAFE.
>> I COULDN'T ASK THAT QUESTION.
I JUST WANTED TO PUT THAT OUT THERE.
>> I CAN GO OVER THE MENU IF YOU'D LIKE.
>> DO YOU HAVE ANYTHING ELSE TO SAY?
>> THAT'S ALL RIGHT. JUST A MOMENT.
DO WE HAVE ANYONE ELSE WISHING TO SPEAK ON THIS AGENDA ITEM? NOBODY ONLINE? HEARING NONE, THEN WE'RE GOING TO GO AHEAD AND CLOSE THIS.
WE'LL OPEN THIS UP FOR DISCUSSION COMMISSIONERS. 5:54. CROSS, GO AHEAD.
>> NO, I HAD A QUESTION FOR YOU.
I JUST WANT TO KNOW HOW LONG YOU'VE ESTIMATED IT WILL TAKE YOU TO GET IN AND OPEN UP.
>> WELL, WE HAVE EVERYTHING PRETTY MUCH READY TO GO AS FAR AS SETTING IT UP.
I KNOW THAT WE STILL HAVE TO DO OUR OCCUPANCY IN THE HEALTH INSPECTION WITH JOHNNY.
>> HAVE YOU ALREADY GOT THE SAMPLES MADE?
>> OH, YEAH. WE ALWAYS HAVE SAMPLES.
>> YES. WHERE'S YOUR PARKING FOR THE BUSINESS?
>> IT'S GOING TO BE ACROSS THE STREET, JUST AS IT WAS BEFORE WHEN IT WAS MAIN STREET CAFE.
>> I DIDN'T KNOW IF THAT WAS ACTUALLY PART OF THAT, OR IF IT IS JUST A COURTESY AGREEMENT TO PARK THERE.
>> THANK YOU. THEN I'LL ENTERTAIN A MOTION TO RECOMMEND APPROVAL OR DENIAL OF THIS SUP2024-03, AGENDA ITEM 3.
>> I'LL MAKE A MOTION TO APPROVE.
>> I'VE GOT A MOTION TO APPROVE FROM COMMISSIONER CROSS.
>> I'VE GOT A SECOND FROM COMMISSIONER BERUBE.
>> THOSE OPPOSED? MOTION CARRIES.
WE'RE GOING TO GO BACK INTO PUBLIC HEARING ON ITEM 4.
[ITEM 4: SUP2024-04 Hold a public hearing and make a recommendation to City Council regarding a request from Amy Brent to allow a Veterinarian Clinic with Indoor Pens Only in a C-1, Restricted Business Zoning District, on approximately 0.462 acres of land located at 700 W. Walnut Street, Decatur, Texas. ]
IT IS NOW 5:55, DEDRA?>> TO GRANT A SPECIFIC USE PERMIT TO ALLOW A VET CLINIC WITH INDOOR PENS ONLY IN A C-1 RESTRICTED BUSINESS ZONING DISTRICT.
THIS PROPERTY IS APPROXIMATELY 0.462 ACRES OF LAND, LEGALLY DESCRIBED AS BLOCK 151, TARLETON ADDITION, AND THE PROPERTY IS MORE CURRENTLY, OR MORE COMMONLY REFERRED TO AS 700 WEST WALNUT STREET.
[00:25:01]
AGAIN, THE ZONING ORDINANCE THAT WAS AMENDED IN 2015 DOES ALLOW FOR A VET CLINIC WITH INDOOR PENS WITH AN APPROVED SPECIFIC USE PERMIT IN CERTAIN ZONING DISTRICTS, INCLUDING THE C-1 ZONING DISTRICT.THE PROPOSED APPLICATION FOR OUR VET CLINIC WITH INDOOR PENS ONLY DOES AND THE SITE PLAN ARE IN COMPLIANCE WITH GRANTING THE SUP.
THERE ARE NO ADDITIONAL CONDITIONS THAT WE'RE REQUESTING OR RECOMMENDING BEING PLACED ON THE APPLICATION, AND STAFF IS RECOMMENDING APPROVAL OF SUP2024-04.
>> WE HAVE ANYBODY IN THE AUDIENCE WISHING TO SPEAK ON THIS AGENDA ITEM? DO WE HAVE ANYBODY ONLINE, SHERYL? HEARING THAT, THEN WE'RE GOING TO GO AHEAD AND CLOSE THIS PUBLIC HEARING.
IT IS NOW 5:57, AND WE'LL OPEN IT UP FOR QUESTIONS.
COMMISSIONERS, ANY COMMENTS, CONCERNS?
>> I READ IN THERE WHERE THEY DON'T PLAN TO HAVE ANY ANIMALS OVERNIGHT AND THERE'S, I THINK, A LOT OF TREATMENT PROCEDURES FOR ANIMALS.
I BELIEVE SPAYING USUALLY REQUIRES AN OVERNIGHT STAY.
I'M JUST CURIOUS IF THEY'LL BE SELECTIVE IN THE PATIENTS, FOR LACK OF A BETTER WORD, THAT THEY TAKE, OR DO THEY HAVE ANOTHER AREA THAT THEY KEEP PETS IN OVERNIGHT IF NEEDED, OR WHAT ARE THE PLANS FOR THAT?
>> I REALLY CAN'T ANSWER THAT, JOHN? I DON'T KNOW IF WAYNE HAD AN OPPORTUNITY TO SPEAK TO HIM OR NOT, BUT [INAUDIBLE].
>> I WISH I COULD SPEAK TO THAT QUESTION SPECIFICALLY, I DON'T KNOW.
THAT IS WHAT THEY HAD DISCUSSED IN THEIR PLAN WAS THAT IT WOULD NOT BE FOR ANYTHING OVERNIGHT ON THAT, BUT NO LARGE ANIMALS OR ANYTHING LIKE THAT.
>> IF WE APPROVE THIS, SIR, THEY WOULD BE ABLE TO KEEP ANIMALS OVERNIGHT IN THE INDOOR PENS I ASSUME.
>> BUT THAT'S NOT REALLY RELEVANT TO OUTDOOR CAGES.
>> RIGHT THERE IN HER LETTER IT SAYS, I DO NOT BOARD ANIMALS AND THERE WILL BE NO OUTSIDE CAGES, PENS.
I'LL BE OPEN MONDAY TO FRIDAY.
HOWEVER, BUT IT DOESN'T SAY ANYTHING IN THERE ABOUT OVERNIGHT FOR A SURGERY.
>> I GUESS MY QUESTION IS, JUST FOR CLARIFICATION THERE.
IF A VET HAS OVERNIGHT PETS THAT DOES NOT REQUIRE AN SUP.
>> WE ONLY REQUIRED AN SUP IF IT HAD OUTDOOR CAGES.
THAT'S WHAT I WAS UNDER THE IMPRESSION OF.
JUST THE FACT THAT IT'S A VET REQUIRES OUR OKAY.
>> UNLESS THERE'S SOME RESTRICTIONS PLACED ON IT, EVEN THOUGH HER INTENT AT THIS TIME IS TO NOT HAVE BOARDING OR OUTSIDE CAGES.
IF IT'S APPROVED, SHE COULD DO THAT IN THE FUTURE. IS THAT CORRECT?
>> I REMEMBER CORRECTLY THE SPECIFIC LANGUAGE IN THAT IS NO OUTDOOR PENS IN THE C-1 ZONING DISTRICT, SO THEY WOULD NOT BE ALLOWED TO HAVE THAT NO MATTER WHAT.
NOW, AS FAR AS THE OVERNIGHT STAY, I THINK THAT WOULD HAVE TO BE SOMETHING.
>> YOU WOULD PLACE A CONDITION.
>> THAT WOULD BE PLACED ON IT.
>> YEAH, IF THAT WERE A CONCERN.
>> NOW I DON'T KNOW THAT THAT WOULD PRESENT AN ISSUE OR NOT.
>> I DON'T SEE ANY NEIGHBORS HERE ARGUING THE FACT.
>> MY CONCERN WAS THE NEIGHBORS, IF YOU HAVE DOGS IN THERE, AND THEY'RE AWAY, THERE BY THEMSELVES, THEY'D BE BARKING.
>> CAN WE REPEAT? PEOPLE PROTESTING, AND NO ONE HERE PRESENT TO ARGUE THE CASE THAT THERE WAS GOING TO BE NOISE.
>> ANY OTHER QUESTIONS OR COMMENTS? HEARING NONE, I'LL ENTERTAIN A MOTION FOR RECOMMENDATION FOR APPROVAL OR DENIAL ON SUP2024-04.
>> I'LL MAKE A MOTION TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE SUP.
>> I'VE GOT A RECOMMENDATION FOR APPROVAL FROM COMMISSIONER KLOSE. I NEED A SECOND.
>> I'VE GOT A SECOND FROM COMMISSIONER BERUBE. ALL IN FAVOR, AYE?
>> THOSE OPPOSED? MOTION CARRIES.
THEN WE'RE GOING TO MOVE ON INTO ITEM 5 FOR YOUR INFORMATION ONLY. DEDRA?
[ITEM 5: 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 2, 2024, meeting currently has no (0) new Planning applications. Submittal deadline was March 4, 2024, at 5:00 p.m. ]
[00:30:05]
>> WELL, THE NEXT SUBMITTAL DATE OR DEADLINE WAS MARCH 4TH.
WE DID NOT HAVE ANY APPLICATIONS, SO IT DOESN'T LOOK LIKE WE WILL BE MEETING UNLESS, OF COURSE, ONE OF THE ONES THAT APPLICATIONS THAT WERE DENIED WAS DENIED, WHICH SHERYL TOLD ME WAS WITHDRAWN SO YOU WON'T HAVE ANY MEETING.
>> ANY OTHER QUESTIONS, COMMISSIONERS?
>> THE PLANNING & ZONING COMMISSION MEETING IS OVER. IT IS NOW 6:01.
>> GOOD JOB.
* This transcript was compiled from uncorrected Closed Captioning.