Aug 19, 2024 Zoning Board of Adjustment

OKAY, IT'S 3:35.

[Call to Order]

[00:00:07]

OKAY. ANYONE MAY JOIN THE MEETING VIA CONFERENCE OR VIA TELEPHONE BY CALLING (346) 248-7799 WITH ID AND PASSWORD.

IF YOU JOIN THE MEETING VIA VIDEO CONFERENCING AND WANT TO ADDRESS THE BOARD ON AN AGENDA ITEM, YOU WILL NEED TO HAVE YOUR CAMERA ON AND HOLD UP YOUR HAND WHEN THE CHAIRMAN CALLS FOR PUBLIC COMMENT, AND YOU WILL BE RECOGNIZED BY THE CHAIRMAN TO ADDRESS THE BOARD, AND WILL BE ALLOWED A TOTAL OF THREE MINUTES TO PROVIDE COMMENTS REGARDING THE POSTED AGENDA FOR WHICH THE REQUEST TO SPEAK WAS SUBMITTED, AND YOU MAY SPEAK DURING THIS ITEM OR DURING THE BOARD'S CONSIDERATION OF INDIVIDUAL ITEMS AND ACCORDING TO CITY COUNCIL RULES OF PROCEDURE.

THE THREE MINUTES TIME PERIOD MAY BE EXTENDED TO SIX MINUTES.

IF A TRANSLATOR IS REQUIRED FOR A NON-ENGLISH SPEAKER TO COMMUNICATE HIS OR HER COMMENTS REGARDING THE POSTED AGENDA ITEM FOR WHICH HE REQUESTS TO SPEAK WAS FILED. YOU MAY ALSO EMAIL YOUR COMMENTS TO BE READ AT THE MEETING TO W.S.

SMITH AT DECATUR.

TEXAS.ORG OR CHERYL HUGHES AT TEXAS STATE.GOV [INAUDIBLE] BEFORE DURING THE MEETING.

PLEASE PROVIDE YOUR NAME, ADDRESS AND AGENDA.

ITEM NUMBER ONE. DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE JUNE MINUTES OF THE JUNE 17TH MEETING.

[ITEM 1: Discuss and take appropriate action regarding June 17. 2024, ZBA Minutes.]

I WILL SECOND.

MOTION MADE? YOU MAKE THE MOTION? MAKE THE MOTION TO. YOU MAKE THE MOTION.

I'M CHAIRING. MOTION MADE BY MASON.

SECONDED BY SENATOR.

ANY DISCUSSION? ALL IN FAVOR, SAY AYE.

AYE. ALL OPPOSED.

SAME SIGN. MOTION PASSES.

ITEM NUMBER TWO.

[Items 2 - 4]

SO WE WOULD LIKE TO TABLE THIS AGENDA ITEM AND BRING IT BACK BEFORE YOU AT THE NEXT REGULARLY SCHEDULED ZONING BOARD OF ADJUSTMENT MEETING AND THAT IS FOR ALL THREE OF THE VARIANCES THAT ARE IN THAT SO [INAUDIBLE].

I BELIEVE YOU HAVE TO VOTE ON THE TABLE.

WELL, AND YES, THE WAY YOU WOULD WORD THAT IS A MOTION TO POSTPONE TO A DATE CERTAIN.

WHICH IS THE NEXT COUNCIL MEETIN [INAUDIBLE] ZBA.

MEETING. OKAY.

SOMEONE WOULD NEED TO MAKE A MOTION TO MOVE THE AGENDA ITEM TO A DATE.

CERTAIN BEING THE NEXT WE NEED.

DO WE NEED A DATE IN THERE? YOU CAN SAY THE NEXT ZBA MEETING.

THAT'S OKAY. WE'LL MAKE A MOTION TO TABLE THE ITEM FOR THE NEXT ZBA MEETING IN SEPTEMBER.

MOTION MADE BY MASON.

HAVE A SECOND? SECOND [INAUDIBLE] SECONDS.

ANY OTHER DISCUSSION? BUSTER, DO WE NEED TO DO THAT ON ALL THREE? THANK YOU.

[INAUDIBLE]. I SAID YOU SAID AGENDA ITEM TWO, DIDN'T YOU? YEAH, I JUST I DIDN'T SPECIFY.

OKAY. IF YOU'D LIKE TO DO ALL THREE, YOU CAN GO AHEAD AND GO AHEAD AND MAKE A MOTION TO TABLE THE TWO REMAINING AGENDA ITEMS AS WELL FOR OUR NEXT MEETING IN SEPTEMBER.

SECOND? SECOND.

ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE.

AYE. MOTION PASSES.

ALL RIGHT, SO WE WILL NEED TO OPEN A PUBLIC HEARING FOR AGENDA ITEM

[ITEM 5: The Board to hold a public hearing, consider and take action on a request for a variance from the City of Decatur's Zoning Ordinance regarding parking for the property proposed as Lot 1R, Block 1, Marketplace Addition and more commonly referred to as 1202 South FM 51, City of Decatur, Wise County, Texas. The request is for a variance to the City of Decatur Code of Ordinances, Appendix B. "Zoning," Article 7, "Development Standards," Section 7.3, "Off Street Parking and Loading Regulations," Subsection 7.3.3, "Parking Requirements Based Upon Use." The following parking requirements apply to the property located in the C-2, Thoroughfare Business District: One (I) space for each two hundred (200) square feet of floor area, pursuant to section B of subsection 7.3.3. The variance request seeks to reduce the minimum calculated parking space requirement from one hundred and forty-one (141) parking spaces to one hundred and twenty-nine (129) parking spaces. (ZBA Application 2024-10 -Suzanne Shelton, on behalf of 4S Market Place LP)]

SECOND. DO YOU WANT NOW? YOU'RE GOOD. OKAY.

WE'LL NEED TO OPEN UP PUBLIC HEARING FOR THIS.

OKAY. OPEN A PUBLIC HEARING FOR ITEM NUMBER FIVE AND STATE THE TIME, PLEASE.

[00:05:03]

ITEM NUMBER 5 AND YOU HAVE TO STATE THE TIME FOR THE 3:40.

OKAY. SO AGENDA ITEM NUMBER FIVE IS MISS SUZANNE SHELTON'S REQUEST ON BEHALF OF 4S MARKETPLACE, L.P. FOR A VARIANCE TO THE PARKING SPACE REQUIREMENTS.

THE VARIANCE IS TO REDUCE THE MINIMUM PARKING SPACE REQUIREMENT FOR RETAIL FROM 141 PARKING SPACES TO 129 PARKING SPACES.

THE APPLICANT WILL PROVIDE A TOTAL OF 129 PARKING SPACES.

WHICH IS A DIFFERENCE OF 12 PARKING SPACES BETWEEN THE 141 AND THE 129.

THIS IS PROPOSED A PROPOSED REPLAT OF LOT ONE, BLOCK ONE MARKETPLACE ADDITION THAT WILL BE MOVING FORWARD LATER ON.

AND THEY DO ARE SHORT ON THEIR PARKING, AND WE'D LIKE TO GIVE THEM SOME HELP ON THAT.

THEY ARE PROVIDING SOME MORE PARKING SPACES, BUT THIS WOULD BE A VARIANCE FOR A TOTAL OF 12 PARKING SPACES THAT THEY WOULD NOT HAVE TO PROVIDE AND THE SITE PLAN IS THERE.

YOU CAN SEE THAT THEY ARE PROPOSING ADDITIONAL PARKING SPACES.

IS THAT IN THE NEXT ONE? NO. DO YOU HAVE THE ADDITIONAL PARKING SPOTS? YES. OKAY.

13 PROPERTY OWNERS WERE NOTIFIED OF THIS VARIANCE REQUEST FROM THE PROPERTY OWNER.

WE DID NOT RECEIVE ANY RESPONSES FOR THE VARIANCE AND SO WE HAVE THE EXISTING PARKING THAT'S AT THE FRONT.

EVERYBODY'S PROBABLY FAMILIAR WITH THE LOWE'S MARKETPLACE THAT'S OUT ON SOUTH 51.

THERE'S THE EXISTING PARKING SPACES THAT ARE IN THE FRONT.

THERE'S 76 PARKING SPACES AT THE FRONT OF THE STORE.

THEY HAD BEEN USING THE PARKING SPACES FROM THE ADJACENT WENDY'S, WHICH WAS ALL ONE LOT IN THIS.

THEY ARE PROPOSING THAT THOSE TWO LOTS BE SEPARATED.

SO YOU'LL HAVE ONE FOR WENDY'S, ONE FOR THE LOWE'S MARKETPLACE.

THEY ARE PROPOSING AN ADDITIONAL 53 PARKING SPACES AT THE REAR OF THE BUILDING FOR THIS AND THAT WOULD MAKE UP THE DIFFERENCE AND LEAVE A DEFICIT OF 12, WHICH THEY ARE ASKING FOR A VARIANCE FOR ITS 53 THE REQUIREMENT.

SO THE TOTAL REQUIREMENT FOR THIS IS 141 OKAY.

THEY WITH THE ADDITIONAL PARKING SPACES THAT THEY'RE PROVIDING AT THE REAR OF THE STORE, THEY ARE PROVIDING 129 SPACES. I'M ASSUMING MOST OF THOSE ARE GOING TO BE FOR EMPLOYEES IN THE REAR, BUT WILL THERE BE ENOUGH SPACES LEFT FOR FOR CUSTOMERS IF THEY NEEDED OVERFLOW INTO THE BACK? SO THE THE ADDITIONAL PARKING THAT THEY HAVE RIGHT NOW IS IN THE WENDY'S PARKING LOT.

SO THERE'S A SHARED PARKING BETWEEN THOSE TWO LOT OR BETWEEN THE ONE LOT THAT'S THERE NOW.

SO THESE ADDITIONAL PARKING SPACES THAT THEY'RE PROVIDING IN THE REAR AREN'T ANY FURTHER AWAY THAN THE WENDY'S PARKING WAS BEFORE.

SO RIGHT NOW IF SOMEBODY, IF IT FLOWS IS PACKED, THEY JUST GO ACROSS THE LANE THERE TO WENDY'S AND PARK.

IS THAT MY UNDERSTANDING. THEY COULD YES.

THEY CAN COUNT BOTH SETS OF PARKING, BOTH PARKING SPACES THAT ARE IN BOTH PLACES.

WELL IF I READ THAT CORRECTLY, THEY'RE PROPOSING A PROPERTY LINE DIVISION BETWEEN WENDY'S, I GUESS THEN MAYBE THEY'RE GOING TO SELL IT OR SOMETHING.

I DON'T KNOW, BUT I'M NOT SURE ON THAT.

BUT IT'S IN THE PAST IT'S BEEN LOWE'S PARKING RIGHT ALL THE WAY OUT.

YES AND NOW IT'S GOING TO BE WENDY'S AND THEN LOWE'S.

THEY ARE REPLANTING THE PROPERTY TO CREATE TWO SEPARATE LOTS AND ALL OF THE PARKING HAS TO BE ON THE SAME LOT.

OKAY AND SO NOW THAT THEY'RE SEPARATING THESE LOTS, THEY'RE LOSING THE PARKING THAT WOULD HAVE BEEN COUNTED IN THE WENDY'S PARKING LOT.

WILL THAT BE MARKED SOME WAY? BECAUSE THEY JUST GOT THROUGH STRAPPING THAT LOT IN FRONT OF LOWE'S? YES WELL, SO FOR THE WENDY'S OR FOR THE LOWE'S PARKING.

SO THEY WILL ADD THE ADDITIONAL PARKING SPACES AT THE REAR OF THE LOWE'S.

OKAY. HOW MANY PARKING SPOTS DID THEY LOSE AT WENDY'S AND THEN HOW MANY ARE THEY ADDING WITH THIS PROJECT SPECIFICALLY?

[00:10:08]

BUT THEY HAD 23 AT WENDY'S.

THIS IS SHOWING 31.

YEAH 31 AND THEY LOST THAT WHOLE LOT AND SO THEY'RE MAKING UP BY ADDING I'M TAKING A FEW EXTRA SPACES BACK BEHIND THE BUILDING TO MAKE UP FOR IT.

CORRECT. OKAY.

SO IT'S REALLY STILL A NET PARKING POSITIVE.

IT IS.

YEAH, I'M JUST ASKING FOR MY OWN INFORMATION BECAUSE OBVIOUSLY NOBODY HAS A PROBLEM WITH IT THERE.

OKAY. PARKING IS ALWAYS A BIG POINT TO BE DISCUSSED ANYTIME YOU HAVE PROPERTY.

WELL, I SHOP AT LOWES A LOT AND I HAVE NEVER SEEN THAT LOT CROWDED, AND I DON'T GUESS I'VE EVER PAID ANY ATTENTION IF SOMEBODY WAS IN THAT LOT GOING INTO WENDY'S.

IT JUST NEVER DAWNED ON ME BECAUSE I NEVER THOUGHT WENDY'S LOT WAS THAT FULL UNLESS IT WAS AT LUNCH, MAYBE.

RIGHT. ANY OTHER TIME, THERE'S NOT A REQUIREMENT FOR THEM TO PARK IN EITHER PLACE.

AND, YOU KNOW, STILL, IF SOMEBODY PARKS IN THE WENDY'S PARKING LOT, THEY COULD STILL GO TO THE LOWE'S.

BUT LOWE'S IS PROVIDING ITS OWN PARKING THAT MEETS THE REQUIREMENT AS LONG AS WE HAVE THE VARIANCE THAT'S IN PLACE WITH THAT.

OKAY AND THE PARKING IS BASED ON THE TYPE OF USE THAT'S THERE.

YOU TAKE THE SQUARE FOOTAGE AND DIVIDE IT BY THE NUMBER FOR THE TYPE OF USE THAT YOU HAVE.

200 ONE FOR EVERY 200FT².

OR IN THIS CASE, IT'S 200FT², ISN'T IT, CHERYL? YES. ONE FOR EVERY 200FT² OF SPACE THAT'S AVAILABLE THERE.

THAT'S THE MINIMUM PARKING REQUIREMENT THAT THE ORDINANCE CALLS OUT.

IS THIS JUST THIS IS JUST CURIOSITY.

IS THIS JUST THE PARKING DIRECTLY IN FRONT OF LOWE'S, OR DOES THIS BLEED OVER TO THE DOLLAR TREE? AND THOSE ARE SEPARATE PARKING? YES. THAT'S A SEPARATE LOT ALREADY AS IT STANDS.

YES. OKAY. SO THE LANE BETWEEN LOWE'S AND THE DOLLAR TREE IS SEPARATES THOSE TWO LOTS.

YES. YEAH.

NOT ON THE SOUTH SIDE AND NORTH SIDE IS DOLLAR TREE.

RIGHT. OKAY.

ALL RIGHT. ANY OTHER QUESTIONS? SO BEING A PUBLIC HEARING, WE WOULD NEED TO CALL FOR ANY PUBLIC INPUT.

YOU ALL HAVE ANY QUESTIONS? NO QUESTIONS. OKAY.

DO WE GO AHEAD AND VOTE? WE HAVE NO ONE ONLINE THAT WANTS TO SPEAK TO THIS AND YOU MIGHT CHECK WITH AND SEE IF THERE WAS ANYBODY IN THE AUDIENCE THAT WANTED TO SPEAK WITH IT.

IS THERE ANYONE IN THE AUDIENCE NEEDS TO TALK OR NEED A QUESTION? OKAY AND THEN CLOSE THE PUBLIC HEARING.

CLOSE THE PUBLIC HEARING AT 3:47.

48. CLOSE ENOUGH AND THEN WE WOULD HAVE A VOTE.

OKAY. TWO TO APPROVE.

I SECOND THE MOTION.

MOTION TO APPROVE HAS BEEN BROUGHT BY BUSTER AND SECONDED BY SAMER.

ANY MORE QUESTIONS? OKAY. ALL IN FAVOR, SAY AYE.

AYE. ALL OPPOSED, THE SAME SIGN.

MOTION PASSES.

[INAUDIBLE] ALL RIGHT.

I'LL GIVE HER A HARD TIME.

ALL RIGHT. ANYWAY, SO AGENDA ITEM SIX IS NEW AND OR FUTURE BUSINESS ITEMS ON THIS.

[ITEM 6: New and/or future business items. a. As of agenda posting, the September 16, 2024, meeting currently has no (0) ZBA Planning application. Application submittal deadline was Monday, August 19, 2024, by 5 p.m. (The meeting will be an in person meeting with potential virtual attendance of staff and members of the public unless otherwise determined.)]

SO AS OF THE POSTING ON SEPTEMBER 2016, THE SEPTEMBER 16TH, 2024 MEETING WILL CURRENTLY HAVE THE THREE ITEMS THAT WE TABLED TODAY.

THERE MAY BE ADDITIONAL ITEMS THAT COME UP THROUGH THE MONTH.

WE'LL NOTIFY YOU AS SOON AS WE HAVE ANYTHING FOR THAT MEETING WILL BE IN PERSON WITH THE POTENTIAL FOR VIRTUAL ATTENDANCE UNLESS

[00:15:01]

THAT'S IT. [INAUDIBLE].

WHENEVER YOU'RE READY.

* This transcript was compiled from uncorrected Closed Captioning.