Sep 11, 2023 Planning and Zoning

[1. Call to Order.]

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CALL TO ORDER THE DUNCANVILLE PLANNING AND ZONING COMMISSION REGULAR MEETING TODAY IS MONDAY

[2. Receive Public Comments on items not listed on the agenda, limit 2-minutes per individual speaker.]

[3. Approve minutes for the Planning and Zoning Commission regular meeting on July 10, 2023, and cancelled meeting on August 14, 2023.]

UNDER ITEM NUMBER FIVE, WHICH IS CONJUNCTION WITH THE PUBLIC HEARING. FOR AN S U P FOR SCHOOL BUSINESS, TRADE OR VOCATIONAL SCHOOL ON THE SECOND PAGE OR ON THE ON THE BACKSIDE OF THAT AGENDA ITEM IN THE VERY LAST SENTENCE. IT READS THE VOTE WITH CAST FOUR. ZERO AGAINST WITH COMMISSIONER WILL THERE UH, ABSTAIN AND WHICH I THINK SHOULD BE ABSTAINING THAT WAS COMMISSIONER WHEN. AND WITH THAT CORRECTION, UM. ARE YOU OKAY WITH THAT AMENDMENT, OKAY? AND SO WHEN WE READ THEM WHEN WE READ THE MOTION, AND WE'LL JUST READ IT IN THE MINUTES AS A AS AMENDED FOR WHOEVER THE MOVEMENT WILL BE FOR THE MINUTES, OKAY, THAT'S RIGHT. ALRIGHT WITH THAT IN MIND NOW ENTERTAIN A MOTION. UM TO APPROVE THE JULY 10TH 2023 MINUTES AS AMENDED, AND THE AUGUST 14TH 2023 MINUTES. SO MOVED. WE HAVE A MOTION BY COMMISSIONER WHEN IS THERE A SECOND COMMISSIONER? WILL ER ALL THOSE COMMISSIONERS? IS THERE ANY DISCUSSION? HEARING NO DISCUSSION, OR, UM, ALL THOSE VOTING IN FAVOR. UM PLEASE USE YOUR BUTTONS. NOT WORKING. OKAY WELL, ALL THOSE PAPERS SAY, I SUPPOSE. ALRIGHT MOTION CARRIES

[4. Consider a request (2023-21) for approval of a Final Plat by Chad T. Gossett, applicant, representing Kizee Group LLC, owner, to plat from James Anderson ABST 17 PG 141, TR 54 ACS 0.9753, to Kizee Addition, Block A, Lot 1, more commonly known as 111 West Danieldale Road, in the City of Duncanville, Dallas County, Texas.]

ABSTRACT 17 PAGES. 141 CHECKED 50 FOR BEING SOME 0.9753 ACRES MORE COMMONLY KNOWN AS 111 WAS DANIEL DEL ROAD IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. THE REQUEST IS TO PLATT.

THE PETITION PROPERTY. PROJECT SCOPED IS THAT THE SUBJECT PROPERTY IS CURRENTLY UNPLANTED.

THIS WILL BE THE FIRST TIME WE WERE PLANNING. THE PROPERTY IS LOCATED WITHIN THE JAMES ANDERSON SURVEY. ABSTRACT NUMBER 17 AREAS WE PLANTED IS APPROXIMATELY 0.97 ACRES. THIS

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THEY'VE HAD THOSE PROBLEMS EVER SINCE. THE PROPERTY HAS BEEN THERE BECAUSE THEY'RE KIND OF LANDLOCKED THERE. BUT THE ACCESS TO OUR PROPERTY IS FROM DANIEL DALE. NOT FROM MAIN STREET.

THANK YOU. THANK YOU. ANYONE ELSE HERE DESIRING TO SPEAK ON FOR AGAINST THIS THIS APPLICATION. I THINK NOT IN HEARING NINE COMMISSIONERS ENTERTAIN EMOTION. IT IS UM. 7 16 AND NOW ENTERTAIN EMOTIONAL CLOSE THE PUBLIC HEARING. THANK YOU. COMMISSIONER WILL OR FOR YOUR MOTION. IS THERE A 2ND 2ND ? THANK YOU, COMMISSIONER RODRIGUEZ FOR YOUR SECOND ALL THOSE VOTING IN FAVOR TO CLOSE THE PUBLIC HEARING. SAY, AYE, AYE. ANY OPPOSE. MOTION CARRIES.

ALRIGHT COMMISSIONERS. IS THERE A MOTION TO APPROVE THIS REQUEST? I'D LIKE TO MAKE A MOTION APPROVE ITEM NUMBER FOUR. THANK YOU, COMMISSIONER RODRIGUEZ FOR YOUR MOTION OF

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[5. Consider a request (2023-22) for approval of a Replat by Willis A. Yehl, applicant and owner, to replat from Irwin Keasler Dev Red Bird 5, Block 28, Lots 3 and 4, ACS 1.3937 CALC, to Irwin Keasler Development, Red Bird Addition, Unit No. 5, Lot 3R, Block 29, more commonly known as 807 Sherrill Boulevard, in the City of Duncanville, Dallas County, Texas.]

THE PETITION PROPERTY. THE SUBJECT PROPERTY IS CURRENTLY APPLIED AS LOTS THREE AND FOUR BLOCK 29 EARLY IRWIN KIESLER DEVELOPMENT REDBIRD UNIT EDITION NUMBER FIVE AREA TO BE REPLIED AS APPROXIMATELY 1.434 ACRES THIS IS A, UH IMAGE OF THE RE PLATT. SHOWING THREE ARE LIKE 29 COMBINATION OF THE TWO LOTS. UH IMAGE ON THE LEFT IS AN AERIAL SHOWING 807 CHERYL. BOULEVARD.

IMAGE ON THE RIGHT IS A, UM SIMILAR IMAGE WITH THE ZONING SHOWING SINGLE FAMILY 10 RESIDENTIAL DISTRICT ON THE SUBJECT PROPERTY. WITH NOOR TO THE NORTH AND TO THE SOUTH. 10 MILLIONS WERE SENT OUT, ONE REPLIED IN FAVOR. WE HAD NO RESPONSES IN OPPOSITION TO THIS REQUEST. THANK YOU. STAFF IN SANFORD QUESTIONS, THANK YOU. COMMISSIONERS. ANY QUESTIONS FOR STAFF? I THANK YOU HEARING AFTER COMMUNITY. I DO HAVE A QUESTION FOR YOU, MR WARREN. WHAT WHAT? WHAT IF ANY OF THE EXISTING LOT PATTERN IN THE AREA? SO THE EXISTING LOT PATTERN, UH, FOLLOWS A SINGLE FAMILY 10. ZONING ZONING. UM DOESN'T NATION HAS, UH, APPROXIMATELY 10,000 SQUARE FEET. UM AND, UH, SIMILAR . SO LIKE WITH LIGHT WEIGHTS AND DIMENSIONS, IS THERE ANY. I'M USED TO, AND I THINK YOU KNOW WHERE I'M GETTING READY TO GO. IS THERE ANY PARTICULAR REASON OR HOW CAN WE AS A COMMISSION WHEN WE'RE LOOKING AT PLANNING CASES GETTING THE ACTUAL LOT PATTERN IN THE SUBJECT AREA I'M UNABLE TO DECIPHER AS TO WHETHER OR NOT THIS PLANNING REQUESTS WILL COMPLY WITH EXISTING LOT CONFIGURATION AND THE LOT PATTERN BECAUSE I DON'T I CAN'T TELL FROM THE INFORMATION. WHAT WHAT'S THE YOU KNOW WHAT'S THE WIDTH AND THE LIGHT DEPTH? SO IS THERE ANY WHAT STAFF REACTION TO THAT IT IS, IT IS CERTAINLY A DEVIATION FROM THE FROM THE LOT PATTERN. HOWEVER, IF YOU LOOK DIRECTLY ACROSS THE STREET, THE , UH BUT THE TWO LOTS ARE LARGER. LOTS UM THEN THE LOTS EVEN ON CHERYL GOING NORTH. UM. WHICH KIND OF GOES BACK TO MY QUESTION. IS THERE ANY I THINK THAT'S HELPFUL BECAUSE I CAN LOOK AT IT AT THE AT THE PLAT MAP AND SAY, WELL, IT SEEMS IT WILL BE ALMOST LIKE THE LOT ACROSS THE STREET. BUT BUT WOULD THAT BE? YOU KNOW, SETTING UP THEN A NEW PATTERN I CAN'T TELL . BECAUSE ORDINARILY, YOU KNOW YOU WOULD YOU COULD YOU COULD. YOU COULD SEE I'M ASKING STAFF TO HELP ME WITH UNDERSTANDING WHAT'S THE MATH AROUND THE AREA AND THE SUBJECT AREA? IT WILL CERTAINLY BE A DEVIATION FROM THE FROM THE LOT PATTERN OF ALONG CHERYL, WHERE THE EXISTING EXISTING HOMES ARE. IT'S TOO LOTS OF BEING COMBINED INTO ONE BY ITS VERY NATURE WILL DEVIATE FROM THE BLOCK PATTERN, OKAY? AND SO EVEN IN LIGHT OF. SO WILL IT DEVIATE BY, WITH OR WITHOUT DEVIATE BY DEATH WITH WITH UM.

BY HOW MUCH ON THE AVERAGE OF IN THE WHOLE SUBJECT AREA DOUBLE BECAUSE IT'S TOO, OKAY. SO STAFF . STILL RECOMMENDS APPROVAL OF THIS PLANNING REQUEST, EVEN THOUGH IT DOES UH, YES, I WOULD.

I WOULD RECOMMEND APPROVAL OF THIS REQUEST. ALL RIGHT. COMMISSION RODRIGUEZ. HAVE A QUESTION FOR STAFF. MR WARREN, THIS THIS LOT YOU KNOW, STAFF HAS RECOMMENDED APPROVAL FOR RE PLATT ON THIS STICK LOT. IT'S GOING TO BE PROBABLY THE LARGEST LOT IN THE ENTIRE AREA. AND WE'RE TRYING TO MAINTAIN CONSISTENCY WITH THE S F 10. ARE WE DEVIATING THAT MUCH? BECAUSE I'M LOOKING DIRECTLY TO THE NORTH OF THAT THE LOT IN FRONT OF IT. AND THIS IS GOING TO BE PROBABLY LOOKS LIKE IT'S FROM MY VOLUNTEER IT RIGHT ABOUT A THIRD. LARGER IN. IF WE ALLOW

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I THINK CERTAINLY ANY ANY TYPE OF CHANGE WILL WILL HAVE AN IMPACT. UM, DEPENDS. ON ON YOUR PERSPECTIVE OF IF THE LARGER LIGHT IS A NEGATIVE OR IF IT'S A IF IT'S A POSITIVE. LET ME LET ME SEE IF I CAN'T ASK IT FOR ME DIFFERENTLY. WHAT FACTORS SHOULD THIS BODY CONSIDER IN APPROVING? A RESIDENTIAL REPLAY. UM. IF IT IF IT MEETS THE MINIMUM REQUIREMENTS OF THE ZONING STANDARDS. THE WE CERTAINLY WANT TO MAKE SURE THAT IT, UH IT FOLLOWS THE. CONFERENCE OF PLAN IS ANOTHER ANOTHER COMPREHENSIVE PAYING THAT IT CAN MEET THE LOTS OF THE LIFE SIZE. OF BEING EXISTING AREA DENSITY RESIDENTIAL AREA IS UM. SHOWS ON THE FUTURE LAND USE PLAN MAP.

WHICH WOULD BE CONSISTENT WITH THE REQUEST. AH TO IT CERTAINLY DOESN'T MAKE FOR MORE DENSITY.

CORRECT. WHAT ABOUT LOT? WITH DEPTH AND PATTERN AND EXISTING RESIDENTIAL NEIGHBORHOOD. UM. I IF THE IF THEY COMMISSION WANTS TO CONSIDER THAT, I MEAN, IS THAT OUT OF CONSIDERATION AND RESIDENTIAL REPLAYED AS TO WHETHER OR NOT IT CONFORMS WITH EXISTING LOT PATTERN AND IN THE NEIGHBORHOOD, AND THEN DO YOU WOULD LOOK TO WITH AND DEBT OF A LOT. SO YOU WOULD CERTAINLY MAKE WANT TO ENSURE THAT THE LOT. WITH IN DEPTH MEET THE MINIMUM REQUIREMENTS. AH! NO DUE REGARD TO EXISTING LOT PATTERN. I'M SORRY. UM YOU CERTAINLY COULD. BUT. THAT'S NOT A NECESSARILY A MINIMUM REQUIREMENT IS THE EXISTING LOT PATTERN. I'M SORRY. COULD YOU GO BACK AND SAY THAT THAT MINIMUM REQUIREMENT IS THE LIGHT PATTERN? AH WELL. IT WOULD BE DIFFICULT TO ALLOW FOR RE PLATZ. IF THE IF BY IF THEY HAD TO BE AN EXACT, LET'S LET'S SAY, FOR EXAMPLE, THE MINIMUM LOT WITHIN 75 FEET. UM. YOU WOULD NOT BE ALLOWED TO DO A REPLAY IT EVERY SINGLE TIME. IT HAD TO BE 75 FT. AND I THINK THAT'S WHEN WE GET INTO LOT PATTERN. SURE OKAY, SO YOU MAY HAVE A HOME THAT FRONT 75. YOU MAY HAVE ANOTHER ONE AT 77. YOU MAY HAVE ANOTHER 80. BUT RARELY WOULD YOU SEE 1 60? BECAUSE THEN THAT WOULD BE AN EROSION OF THE EXISTING RESIDENTIAL LOT PATTERN AND EXISTING ZONE NEIGHBORHOOD CORRECT. UM. YES I SUPPOSE. I SUPPOSE IT WOULD. UM HOWEVER, I WOULD. I WOULD CAUTION. THE AH! LIKE COMMISSION TO LIMIT THE ABILITY TO REPLY. IT, UH BASED OFF HER DIMENSIONS. THAT MEETS THE MINIMUM REQUIREMENTS. OF THE OF THE ZONING CODE, SO I MIGHT HAVE UNDERSTAND YOUR CAUTION TO THIS BODY TO BE THAT IF IT MEETS THE MINIMUM. LOT REQUIREMENTS.

DON'T REALLY PAY ATTENTION TO THE EXISTING LOT PATTERN AND JUST THAT THAT THAT'S THE THAT'S THE THAT'S THE MARKER. YES THAT'S WHAT THAT'S. THAT'S WHAT I HEAR STAFF SAYING. THAT'S WHAT THAT'S WHAT YOUR STOP SAYING, HOWEVER, I'M NOT A COMMISSIONER , AND I'M NOT. I'M NOT THE ONE WHO WOULD BE MAKING THAT DETERMINATION. IF. IF THE COMMISSION WANTS LOT PATTERN TO

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UH UM. I GUESS, UH, LOOKING TO, UH UH, PREDICTION. THAT IT WOULD BECOME NOOR, BASED OFF OF THE SURROUNDING THE SURROUNDING ZONING. UM RATHER THAN TAKING ANY CONSIDERATION THAT REQUESTS THAT'S SUBMITTED IN THE MERIT OF THE OTHER REQUESTS. COMMISSIONER WHEELER. MR WARREN.

DOES THIS APPLICATION FOR REPLAY? MADE THE MINIMUM. REGARDLESS OF SIZE, BIGGER, SMALL DOES IT MEET THE MINIMUM STANDARDS? I MAY BE ANSWERING MY OWN QUESTION, BECAUSE YOU BROUGHT IT. FORWARD. FOR US TO APPROVE OR DISAPPROVE A RECOMMENDATION. DOES IT MEET THE MINIMUM STANDARDS? THE SPECIFICS. CITY STANDARDS REGARDLESS OF SIZE. ARE YOU WITH ME? YES IT DOES. IT MEANS THAT IT MEETS THE REQUIREMENTS OF, UH OF BEING A REPLY. IT UM TO ANSWR QUESTION. OKAY? HAVING ESTABLISHED THAT. AND WE HAVE THE. DECISION AS TO WHETHER WE APPROVE OR DISAPPROVE FOR RECOMMENDATIONS. SO WOULD IT BE YOUR RECOMMENDATION? THAT. THESE STANDARDS ACCORDING TO SIZE IN THE FUTURE BE CHANGED. ACCORDINGLY. AS OPPOSED TO US A NINE OR A PROVEN. SO I BELIEVE WHAT YOU'RE ASKING ME. IF IT IS, IF MY RECOMMENDATION IS TO APPROVE THE REPLAY IT AS SUBMITTED IN MY ANSWER WOULD BE YES. I WOULD NOT RECOMMEND THAT WE CHANGE THE ZONING DESIGNATION OR THE DIMENSIONS OF SINGLE FAMILY 10 TO MEET THE SPECIFIC REQUEST. UM BUT I DO. I DO BELIEVE THAT, UM, WITH RESPECT TO PROPERTY RIGHTS AND UH UM.

THE ABILITY FOR PROPERTY OWNER TO REPLACE THEIR PROPERTY. I THINK THAT UH UM. STAFF WOULD BE IN SUPPORT. OF THAT REQUEST. OKAY THAT'S RUNNING NOW. THANK YOU. ALL RIGHT. ANY MORE QUESTIONS FOR STAFF ON THIS ITEM? ANYONE HERE? WISHING TO SPEAK ON FOR AGAINST ITEM NUMBER FIVE. IF YOU PLEASE COME DOWN AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. YES MY NAME IS ROBERT SLATEN. I LIVE AT 8 18 SHARE A BOULEVARD. WHICH IS THE CORNER LOT THAT YOU SEE

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THAT'S WHERE THAT LINE. AT AT THIS POINT, THE REASON I'M IN FAVOR OF IT. IS BECAUSE A LOT OF HOMES AROUND THERE ARE CUSTOM HOMES. THIRD. THE WAY IT DID NOW , WHEN YOU GET AROUND OVER ON SOME OF THE OTHER STREETS THAN THEY DO GO TO, I GUESS WHAT WOULD BE STANDARD SUBDIVISION? AS YOU WERE SAYING 75 FT. SO ON BUT IN THROUGH THIS AREA IF YOU'VE EVER DRIVEN IT YOU'LL SEE. MOST EVERY SINGLE HOME IS A CUSTOM HOME. BECAUSE OF THE TERRAIN. BECAUSE OF THAT. THAT'S WHY WE LIKE IT THAT WAY. BUT THE AMBIANCE OF IT. AND SO I'M IN FAVOR OF IT. THE OTHER THING ABOUT FOOD LOTS. MINE USED TO BE TWO. BUT WHEN YOU HAVE ONE STRUCTURE AND CERTAIN PARTS OF IT, EVEN IF IT'S A SEPTIC LINE CROSSES THAT BARRIER THAT FACE OF PROPERTY IS RENDERED USELESS.

BECAUSE YOU CAN'T SELL A PIECE OF PARTLY EVEN IF YOU WANTED TO. WITH UTILITIES ARE. MR SLADE, WOULDN'T I HATE TO INTERRUPT YOUR TIME SPEAKING, WOULD THAT BE? WOULD YOU BE FAMILIAR WITH THE TERM KIND OF BUSY BARRED SORRY, BARRED. THE BAR THAT NEVER NEVER MIND THE QUESTION.

YEAH NEVER MIND THE QUESTION. OKAY BUT I UNDERSTAND YOU'RE SAYING THE UTILITIES IS WHAT CREATED YOUR TWO LIVES BEING ONE CORRECT, OK? YEAH BECAUSE IT HAPPENED TO BE THE GENTLEMAN PUT THE SEPTIC ON THAT SIDE. VERSUS THIS SIDE, AND SO THE OTHER LOT JUST ALRIGHT, I RESTRUCTURED EVERYTHING, AND THAT'S THANK YOU, MR LANE. BUT I'M IN IN FAVOR OF IT. ALL RIGHT. THANK YOU. ANYONE ELSE DESIRE TO SPEAK ON FOR AGAINST ITEM NUMBER FIVE. ALRIGHT HEARING NINE IT IS 7 34 COMMISSIONERS. DO I HEAR A MOTION TO CLOSE THE PUBLIC HEARING? THANK YOU, COMMISSIONER WILLIAMS, THEIR 2ND 2ND COMMISSIONER RODRIGUEZ COMMISSIONERS. UM, IS THERE A MOTION FOR ITEM NUMBER FIVE. I'D LIKE TO MAKE A MOTION ON ITEM NUMBER FIVE ON STAFF'S RECOMMENDATION FOR APPROVAL ON THE REFLEX. OKAY SO THE MOTION FOR APPROVAL? YES ALL RIGHT. IS THERE A SECOND COMMISSIONER WILL ER, UM CHRISTIAN RODRIGUEZ WITH THE MOTION COMMISSIONER WHEELER WITH THE SECOND DISCUSSION. ALL RIGHT. ALL THOSE VOTING IN FAVOR SAY, AYE AYE OPPOSED. MOTION CARRIES. THANK YOU. NUMBER SIX. THANK YOU, COMMISSIONER DAVIS. THE NEXT ITEM IS TO CONSIDER

[6. Consider a request (2023-23) for approval of a Replat by Bryan Connally of CBG Surveying Texas LLC, applicant, representing Veronica Meza and Juan Alejo, owners, to replat from Winona Gardens 2, Block 3 E66 Ft Lot 4, to Winona Gardens Addition, Block 3, Lot 4R, more commonly known as 1302 West Ridge Drive, in the City of Duncanville, Dallas County, Texas.]

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THANK YOU. I'LL DROP IN, MR WARREN. WHAT'S THE EXISTING LOT PATTERN IN THE NEIGHBORHOOD? SO THE LOCK PATTERN, UH VARIES, BUT IT'S. PRETTY MUCH AH, THESE LOTS THAT ARE, UM APPROXIMATELY UM.

200 FT DIVIDED BY THREE THIRDS. SO APPROXIMATELY 66 FT. UH WHY'D SO THIS ONE COMES IN AT 66 FT.

YEAH, OKAY. UM AND IT HAS AND IT DOES HAVE THE REQUIRED DEPTH, RIGHT? UM, LET ME CHECK MY NOTES. SO. MUCH LIKE IN THE LAST CASE, UM IN SOME REGARDS. THIS IS THE OPPOSITE OF THE LAST CASE, AND SO I'M JUST CURIOUS INSOFAR AS SO THERE ISN'T NECESSARILY AN ESTABLISHED PATTERN WITHIN THIS NEIGHBORHOOD , BUT BUT THIS ONE GETS YOU SOMEWHERE WITHIN THE NEIGHBORHOOD OF IT, RIGHT? UM SO YOU WERE TELLING US THAT THERE'S A COMMISSION THAT WE SHOULD AVOID MAKING EVERY SINGLE LOT, YOU KNOW UNIFORM IN TERMS OF ITS I WOULDN'T SAY THAT THAT THAT WAS MY CHARACTERIZATION OF IT WOULD BE IMPOSSIBLE TO REPLACE IT. IF. IF EVERY SINGLE LIFE HAD TO BE THE EXACT SAME, OKAY, SO HOW DOES THIS ONE RACK AND STACK IN REGARD TO THAT? SO, UH AND.

ROCKING STAT. IT'S A IT FITS. IT FITS THE NEIGHBORHOOD. THE NEIGHBORHOOD, OK, SECOND QUESTION FOR YOU IS SO THIS THIS REQUEST DOES FIT THE NEIGHBORHOOD. IN TERMS OF LOT DIMENSION AND PATTERN, OKAY? SECOND QUESTION FOR YOU IS DO DOES THIS COMMISSION ORDINARILY ARE WE ORDINARILY EXPECTED TO TAKE NOTICE OF WHETHER OR NOT UTILITIES. FROM A CODE PERSPECTIVE CAN BE PLACED AT THE PROPERTY. I'VE NEVER IN IN IN IN MY REPLANT EXPERIENCE, UM BEEN ASKED TO TAKE NOTICE OF THAT FACT. I KNOW THAT THERE ARE CERTAIN CONSIDERATIONS THAT THE SUBDIVISION REVIEW COMMITTEE WILL TAKE NOTE OF. I KNOW THERE ARE OTHER UM, YOU KNOW, YOU KNOW, AFTER IT LEAVES US OR BEFORE, BUT I GUESS I'M TRYING TO GET A SENSE OF. I THINK IT WAS A POINT TO TAKE NOTICE IN THIS INSTANCE. AND I JUST WANT TO UNDERSTAND THE SOURCE AND THE RECURRENCE OF THAT, ACTUALLY, YES. SO THE SOURCE CAME ACTUALLY FROM OUR PUBLIC WORKS DEPARTMENT. UH, THAT UH, THAT THIS. PARTICULAR LOT WOULD BE UNDEVELOPED DOUBLE BECAUSE OF THE BUT LIKE YOU MENTIONED THE UTILITIES BEING A FACTOR. UH SO WHEN THIS BECAME KNOWN TO THE PLANNING STAFF PLANNING STAFF PROMPTLY, UM REACH OUT TO THE CITY ATTORNEY FOR ADVICE ON HOW TO PROCEED. WITH THIS PARTICULAR PARTICULAR CASE. AND THEN UPON THE ADVICE OF THE CITY ATTORNEY.

THAT'S WHEN THE OPTIONS CAME ABOUT OF OBTAINING. AND AN OPPORTUNITY TO OBTAIN. UH, SEWAGE. UH, FROM THE COUNTY. WHICH WAS WAS BUT NONE OF THOSE MR WARREN WHILE I MAY BE PERSONALLY INTERESTED IN THAT, BUT NONE OF THAT ARE CONSIDERATIONS FOR THIS BODY TO MAKE WHEN TRYING TO DETERMINE A RESIDENTIAL REPLAYED, UM, KIND OF BASED ON EVEN THE CRITERIA WE WENT OVER IN THE LAST CASE, CORRECT. UH YES. SO THE LAST CASE, I WOULD SAY IS WELL, DIFFERENT PERIOD. I MEAN IN RESIDENTIAL REPLAY. I THINK THERE'S MULTIPLE, UH CONSIDERATIONS, EVEN SOME THAT I WAS UNAWARE OF AH, THAT WAS MADE AWARE TO ME BY PUBLIC WORKS

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COMMISSIONER WIN. AND CAN YOU USE YOU USE YOUR MIC, PLEASE? FOR SWAG. IT SO WHEN THE RECOMMENDATION WAS MADE THAT YOUNG REACH OUT TO THE. PEOPLE WHO ACTUALLY OKAY AND THERE THEY WERE FINE WITH THIS. OH I DON'T KNOW IF I WAS THE CORRECT WORD, BUT WE DID. WE DID BREAK THE BAD NEWS. WE GAVE THE OPTIONS THAT OKAY, PERHAPS YOU CAN GO THROUGH THE COUNTY. THAT'S AN OPTION. WE AND, UH BUT WE DID BREAK THE BAD NEWS THAT UNFORTUNATELY, OUR RECOMMENDATION HAD CHANGED BASED OFF OF THE AH, THE NEWFOUND INFORMATION FROM PUBLIC WORKS AND THEN THE DETERMINATION FROM OUR CITY ATTORNEY. I'VE GOT A QUESTION, MR WARREN. I'M ASSUMING THIS AREA IS ON SEPTIC.

CORRECT. THERE IS A WATER LINE RUNNING IN FRONT OF THE PROPERTY THAT RUNS PARALLEL OR HORIZONTAL , ALL THE WAY ACROSS ITS SERVICE PROVIDES WATER SERVICE TO EVERY SINGLE RESIDENT ON THAT STREET.

HERE HERE'S A QUESTION I GOT AS THE COMMISSIONER SETTING UP IS THAT FROM A LEGALITY STANDPOINT IS I'M LOOKING AT THIS WELL. IF CLIENT HAD PROVIDED PROOF THAT THERE WAS SOMETHING THERE BEFORE 1978 WOULD HAVE BEEN OKAY. IS IT WAS THAT MY CORRECT MY INTERPRETATION OF THAT, SO IT THE AGAIN. IT'S THE WAY THAT THE ORDINANCES WRITTEN. IT'S THAT ONCE YOU BECAUSE THE EXISTING PLAN WAS DONE PRIOR TO THIS DATE , HOWEVER, IF WE AN ACT TO THE RE PLATT. THEN WE ARE NULLIFYING THAT THAT DATE THAT THAT WAS BEFORE 1978. NOW THE NEW DATE WOULD BE 2023. AND THIS, UH.

THIS UH, BUILDING OFFICIAL CLOSET WOULD WOULD BE LOST. WOULD NOT BE ABLE TO BE UTILIZED. SO WHERE DOES THAT LEAVE THE LANDOWNERS FOR US THAT PROPERTY 11. IT'S JUST LIKE OUR TO OWN A PIECE OF LAND. AND THE CITY IS TELLING ME THAT. HEY, I CAN'T REPLANT IT BECAUSE THERE'S NOT A SEPTIC TANK. WELL, I'M TRYING TO PUT A SEPTIC TANK INTO THE INTO THE TRACK OF LAND, BUT I'M NOT BEING ALLOWED TO BECAUSE OF ACCORD OF ORDINANCE FROM 1978 , AND WE'RE AT 2023 NOW. WHAT OPTIONS? DO WE HAVE? I THINK THE , UH, THE PRIMARY OPTION THAT WAS COMMUNICATED WAS TO OBTAIN A UH UM. AND AGAIN. THIS ISN'T MY FORTE. BUT IT'S THROUGH THE COUNTY. THAT'S UH TWO TEAMS SO SEWARD RATHER THAN THROUGH THROUGH THE CITY. HOWEVER. THAT PROCESS IS DONE, AND I DON'T THINK THE COUNTY IS GOING TO DO THAT ANYTIME SOON, AT LEAST, NOT IN MY LIFETIME. AND THAT STREET AND THAT WAS THAT WAS MY QUESTION. QUESTIONS COMMISSION TO REALIZE THAT YOU'RE PRESSING A BUTTON. SO IN OTHER WORDS, JUST LEFT DORMANT FOR NOW, RIGHT? IS THAT RIGHT? UM YES. IF WE'RE IF WE'RE DENYING THE RECOMMENDATION IS TO THE TO DENY THE REPLAY IT THEN THEN, YES, IT WOULD BE OKAY, SO AND SO AND SO AND ANSWERING A WORKING WITH CHAIR DAVIS'S QUESTION. AT THIS PARTICULAR TIME. EVERYTHING IS SITUATIONAL, BASED ON. WHAT YOU COME UP WITH NOW, THAT WOULD CAUSE IT TO CHANGE. SO THERE IS NOTHING IN A 123. DIMENSION REGARDING PROPERTIES. BASED ON THE PROBABILITY OF CHANGES REGARDING TO WHAT YOU MAY FIND. IS THAT RIGHT THIS SITUATION THAT. THAT THE THAT THE CLAUSES BASED OFF OF THE 1978 DATE? YES. ANY OTHER DISCUSSION ON THIS AGENDA. ALRIGHT IF THEIR EMOTION . FOR AGENDA ITEM NUMBER SIX. OH, PASTOR. AGENDA ITEM NUMBER

[00:40:31]

UM MAKING PLATT REQUIP MAKING PLAT APPROVAL REQUEST ON THE BASIS OF UTILITIES AND THE ABILITY TO GET THEM IN AND OUT OF THE PROPERTY WHILE I AM AWARE OF OTHER CONSIDERATIONS THAT ARE IMPORTANT, I THINK TO THE QUALITY OF LIFE AND IN WILL WELL BEING AND SAFETY OF THE CITY.

BUT THAT ITEM IS NOT ONE THAT'S BEFORE ME. UM TODAY, SO WITH THAT I WILL BE SUPPORTING THE MOTION. UM AS COMMISSIONER WIN HAS HAS HAS STATED THANK YOU. ANY OTHER. COMMENTS ON THIS COMMISSIONER RODRIGUEZ. I, TOO AM IN SUPPORT OF THE REPLAY. THESE ARE VERY UNIQUE CIRCUMSTANCES AND AGAIN. I DON'T THINK WE'RE APPOINTED. HERE IS A UTILITY COMMISSIONERS AND TO MAKE THOSE DETERMINATIONS I THINK THAT FALLS UPON AND ANOTHER BODY. THEREFORE I TOO, WILL RECOMMEND APPROVAL FOR REPLAY. ALL RIGHT. CLOSE PUBLIC HEARING. WE HAVE THE MOTIONS. WE HAVE A COMMON SIDE OF THE WAY. ALL RIGHT. SO NOW IT'S TIME TO VOTE. ALL THOSE VOTING IN FAVOR.

UM PLEASE RAISE YOUR HAND SAYING YES. RIGHT. UNANIMOUS. ANY OPPOSED. MOTION CARRIES. THANK YOU. ITEM NUMBER SEVEN. THANK YOU. CHAIR. DAVIS NEXT ITEM IS TO CONDUCT A PUBLIC HEARING FOR

[7. Conduct a public hearing (2023-24) for consideration and action regarding the request of Ravi Murjani, applicant and owner, for a zoning change from DD, Downtown District to LOR, Local Office Retail District on AMG Merrill ABST 884, PG 075, TR 40, ACS 0.1368, more commonly known as 106 East Freeman Street, in the City of Duncanville, Dallas County, Texas.]

[00:45:12]

DISTRICT. UNIFIED BLUE TO A LITTLE BIT OF RED, A LITTLE BIT OF RED AND THEN AT WHAT POINT IS THE SHIP NO LONGER A SHIP. IS IT DIFFERENT SHIP? COMPLETELY RIGHT . SO JUST TO BE PHILOSOPHICAL WITH YOU ALL TODAY, UM, BUT AGAIN. RECORD ON A CASE BY CASE BASIS. THIS IS THE REQUEST THAT WAS MADE. UH STAFF IS BEHOLDEN TO BRING IT BRING IT FORWARD TO THE TO THE COMMISSION, UH, AND TO BE CONSIDERED ON ITS MERITS, AND, UM THAT'S WHERE WE ARE TODAY. WELL, LET ME LET ME GET INTO THAT THEN. THIS APPLICANT IS REQUESTING THIS. ACTION. IN ORDER TO FACILITATE THE LEASING.

OF THE SPACE CORRECT. UH YES, I BELIEVE THAT. I BELIEVE THE OWNER, UH, ACTUALLY HAS A SPACE IN THE BUILDING. AND THEN THERE'S. UH ANOTHER SPACE THAT IS LEASED OUT, AND THEN THERE'S ONE MORE SPACE THAT IS VACANT AND HAVING A HARD TIME BEING BEING LEASED OUT. AND I DON'T KNOW IF THE APPLICANT IS HERE TODAY. I BELIEVE THEY ARE BUT IF NOT THE AFRICAN HERE, OKAY, WELL, HOLD MY QUESTIONS FOR THAT, OKAY? ALRIGHT ANY OTHER QUESTIONS FOR STAFF COMMISSIONERS? ALL RIGHT. THANK YOU. ALL RIGHT. UM IS THERE ANYONE DESIRING TO SPEAK ON FOR OR AGAINST THIS THIS ITEM AND IF YOU COME DOWN AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD HELLO. GOOD EVENING. MY NAME IS ROBBIE MORE JOHNNY? I'M THE OWNER OF 106 EAST FREEMAN STREET . I REQUESTED A ZONING CHANGE WASN'T AWARE OF THE DOWNTOWN DISTRICT UNTIL AFTER I PURCHASED THE BUILDING. I NEED THAT BUILDING. I WAS PURCHASED FOR MY REAL ESTATE OFFICE AND YOU CAN SEE YOU CAN SEE THERE'S MY REAL ESTATE AGENTS THE LADIES OVER THERE. AND WE WOULD LIKE TO OPERATE OUR REAL ESTATE OFFICE FROM THERE AND BE ABLE TO LEASE OUT THE UNITS NEXT DOOR UNTIL WE GROW RIGHT NOW. WE'RE NOT ABLE TO GROW AS WE'RE NOT ALLOWED TO PUT A SIGN OUTSIDE THE BUILDING BECAUSE OF THE ZONING AND I'VE HAD THAT PROBLEM SINCE I'VE PURCHASED THE BUILDING. ALL RIGHT, UM. WHAT TYPE OF OPERATOR ARE YOU ATTEMPTING? SO I UNDERSTAND THAT YOU CURRENTLY FUNCTIONED AS A REAL ESTATE. UM UM, OFFICE OR CORRECT TERM AGENCY. I DON'T KNOW WHAT YOU CALL IT. THE STATE UM PEOPLE PLAYED. THE QUESTION IS WHAT OPERATOR ARE YOU ATTEMPTING TO DRAW IN? AND THEN I GUESS, BECAUSE. I WANT TO TALK A LITTLE ABOUT USES AND THE AND THE AND THE AND THE UNIVERSE OF POTENTIAL USE USES UNDER THE ZONING DESIGNATION THAT YOU'RE ASKING FOR, AND THEN KIND OF CHINA. BALANCE THAT AGAINST WITH THE VISION, OR YOU KNOW HOW DOWNTOWN WAS START OF AND, YOU KNOW, BALANCE OUT THE TWO WORLDS AND TWO COMPETING INTERESTS FOR THE LACK OF A BETTER TERM. SO IF YOU COULD JUST TELL ME A LITTLE BIT ABOUT WHAT YOU'RE THINKING ABOUT DOING IN THAT SPACE? YES. SO WHAT WE'RE PLANNING TO DO FOR RIGHT NOW IS WE'RE PLANNING TO GROW IN TERMS OF AGENTS, AND IT'S SUPPOSED TO BE USED MAINLY FOR OFFICE. USE FOR CLASSES. UM TRAININGS. WE DO GET CLIENTS TO COME IN BY APPOINTMENT USUALLY DON'T GET ANY WALK INS AT THE TIME, OF COURSE, BECAUSE THERE'S NO SIGN, BUT WE'RE NOT PLANNING WHERE IT'S GOING TO BE OPEN AND THERE'S GOING TO BE A LOT OF TRAFFIC. IT'S MAINLY FOR AGENTS TO USE AS AN OFFICE AND BE ABLE TO LEASE OUT THE YOU KNOW, PROPERTY NEXT DOOR WITHOUT AN ISSUE WHERE THEY CAN HAVE A SIGN. IT USED TO BE AN EVENT CENTER BEFORE AND I DID TALK TO THE AUGUSTIN GARCIA WITH THE

[00:50:04]

HAVE A COMPETITIVE REAL ESTATE BUSINESS. IN CONJUNCTION WITH YOURS. WOULD YOU LEAST ME THAT? ADDITIONAL SPACE. HOPEFULLY NOT IF I CAME TO YOU. AND I SAID, I HAD A SMALL CONVENIENCE STORE.

BASED ON THE APPLICATION OF THE ZONING. WOULD YOU LEAVE ME THAT SPACE? NO. WHY BECAUSE IT'S A CONVENIENCE STORE AND THERE'LL BE A LOT OF TRAFFIC AND THERE'S LIMITED PARKING, SO WE WANT TO LIMITED TO A COMPANY LEASE IT OUT TO A COMPANY. BASICALLY, THAT WOULD HAVE VERY MINIMUM TRAFFIC, OKAY? THAT'S WHAT I WANT TO HEAR. UM CHRIS RODRIGUEZ . I'VE GOT SOME QUESTIONS FOR YOU, SIR. I THINK INITIALLY. YOU KNOW, LOOKING AT THIS CASE AND. THIS ZONING IS DOWNTOWN DISTRICT. AH! ALWAYS HAS BEEN. I THINK THERE'S PERMITTED USES THAT ARE BEEN POSTED BEEN MADE PUBLIC ON OUR WEBSITE AS WELL AS MAYBE OTHER WAYS OF GETTING THAT INFORMATION. AND WE'RE HAVING TO LOOK AT THIS CASE INDIVIDUALLY AS COMING IN, AND WE WANT TO TAKE ONE PIECE OF THE JURISDICTIONS VISION FOR THAT AREA. AND MAKE HIS ZONING CHANGE TO ALLOW THE USES THAT YOU YOU WANT TO PROPOSE TO THE JURISDICTION. AND. I'M TRYING TO GET A BETTER PERSPECTIVE ON IS IT GOING TO BE JUST A FULL BLOWN OUT OFFICE? OR IS IT GONNA BE? ARE YOU GONNA HAVE SOME RETAIL IN THERE? ARE YOU GOING TO HAVE DISPLAYS YOU'RE GONNA HAVE SOMETHING IN THERE. I'M JUST TRYING TO PUT SOMETHING TOGETHER IN MY MIND. YES SIR. SO IT'S GOING TO BE A REAL ESTATE OFFICE AND THAT'S IT. NOTHING RETAIL. UM, THE TENANT OR THE CLIENT THAT WE HAVE NEXT DOOR? IT'S A, UH MAN. WHAT DO YOU CALL IT? EYELASHES. SHE DOES EYELASHES BY APPOINTMENT ONLY. SO WHENEVER YOU DRIVE BY DOWN, DRIVE DOWN THROUGH THAT STREET, YOU WILL NOT SEE HEAVY TRAFFIC AT ALL.

AND WE WANT TO KEEP IT THAT WAY TO A MINIMUM. SO YOU ONLY ENTIRE BUILDING. YES SIR. AND WHAT'S LEASED OUT IS THE ONE TO MY RIGHT TO YOUR LEFT. IS THAT WHERE THE EYELASH PLACES THAT? YES NEXT TO THE BIG, BEAUTIFUL GLASS DOOR. YEAH YOU SEE THOSE TWO SMALL DOORS, SO, YES, IT'S THE SAME TENANT FOR BOTH OF THOSE, UM, UNITS BECAUSE THEY'RE SMALLER ONE SMALLER IN THE MIDDLE. AND THEN THERE'S THE ONE ON THE RIGHT. SO IT IS A FOR EYELASHES. ALL RIGHT. THANK YOU.

BYE APPOINTMENT. COMMISSIONER WIN. SO THE UNIT THAT YOU'RE WANTING TO LEASE OUT? IS IT THE 1068 OR ONE OF THE TWO? ONE OF THE ONES TWO DOORS. WHICH ONE ARE YOU WANTING TO LEASE OUT OF THE LEASE OUT IS THE SECOND AND THE THIRD, THE B AND C, WHICH YOU SEE TO THE RIGHT. THE TWO INDIVIDUAL DOORS. AND THE ONE WITH THE BIG GLASS DOORS THAT'S LIKE THE ENCORE OFFICE. AND FOR US TO GET ASSIGNED THERE TO PUT OUR REAL ESTATE SIGN. WE NEED A PERMIT, AND THAT'S WHY I HAD SPOKEN TO SOMEONE FROM PLANNING AND ZONING DUNCANVILLE. THEY WON'T GIVE YOU A PERMIT UNTIL YOU HAVE THE L. O. R. YES RIGHT NOW, THE WAY IT'S ZONED. IT DOES NOT PERMIT FOR THOSE TYPES OF SIGNS. THAT MIGHT YEAH, OKAY. YES I WAS AWARE OF IT BEFORE I PURCHASED THE BUILDING. THEN I WOULD HAVE MADE SURE THAT I GOT APPROVED OR I WOULD HAVE LOOKED FOR ANOTHER LOCATION. YOU KNOW, BECAUSE I DON'T WANT TO HAVE PROBLEMS BECAUSE THIS HAS BEEN HAPPENING SINCE LATE MARCH. OF THIS YEAR AND JUST BEEN DRAGGING THANK YOU. STAND BY. IF THERE ANY MORE QUESTIONS, I DO HAVE A QUESTION FOR STAFF. UM JUST JUST REALLY QUICK TO STANDBY. IF THERE THANK YOU. MR WARD CAN CAN THE APPLICANT PARK THE BUILDING. CAN THEY PARK THIS USE THERE? SO . DEPENDS ON THE USE WHAT GOES

[00:55:07]

WITH THE SURROUNDING SURROUNDING PARKING AREA IN THE, UH, FOR EXAMPLE, UM, MAIN STATION. UM.

BUT AGAIN, THERE'S NOT MUCH PARKING ON ON SITE. THAT'S THAT'S A THAT'S AN ACCURATE ASSESSMENT. CORRECT AND THE REASON I ASK IS AND I KNOW TO SOME, IT MAY SEEM IS BEING DIFFICULT, BUT IT'S AN ATTEMPT TO ACTUALLY BE BALANCED AND FAIR AND THOROUGH BECAUSE WHAT WE DON'T WANT TO DO IS APPROVED, YOU KNOW, INADVERTENTLY APPROVED ZONING REQUESTS AND MAKE A CHANGE THAT THEN CAN'T BE PARKED AND THEN IT HAS TO COME BACK BEFORE US, AND I THINK THAT WE'VE LOOKED AT BEFORE SOME OTHER STUDIO USES AND OTHER THINGS. IN THE SAME AREA THAT HAS COME IN AND ASK FOR A GREATER RELAX, ATION IF YOU WILL OF THE PARKING REQUIREMENTS BECAUSE OF ITS USE. SO DO YOU? DO YOU HAVE ANY KIND OF REACTION TO THAT? IN TERMS OF THAT LEVEL OF ANALYSIS, I THINK BEING HELPFUL FOR US. IN MAKING A DECISION TODAY. UM. WHEN THERE'S A WILL. THERE'S A WAY BUT THERE'S NOT. THERE'S NOT VERY THERE'S, UH, THERE'S NOT AN AMPLE AMOUNT OF PARKING. THERE'S A LARGE PARKING LOT. FOR TYPICAL L O R USE. OKAY. I HAVE A QUESTION. UM PREVIOUSLY AS CHAIRPERSON HAS NOTED. THERE HAVE BEEN THESE CHANGES WHERE TO THE ZONING AND I REMEMBER ASKING , UM, YOU AT WHAT WHAT POINT AND WHAT PERCENTAGE OF THIS AREA THAT WE'VE DESIGNATED LIKE FOR THE DOWNTOWN THERE. THIS THIS THAT WHOLE AREA? AT WHAT POINT DO WE SAY THAT? WE'VE CHIPPED AWAY ENOUGH. THAT WE HAVE REALLY MADE THAT, UM INEFFECTIVE THAT WE DON'T HAVE ENOUGH. BUILDINGS TO ACTUALLY SUSTAIN OUR OUR VISION. AND THAT'S YOU KNOW, THAT'S THAT'S MY THAT'S. THAT'S THE THING FOR ME. UM ON OUR ON THE DOCK AND BILL, UM, WEBSITE WHERE IT SHOWS THE AREA THAT WE , UM WE HAVE DESIGNATED AS THE DOWNTOWN. DOES THAT? THE DESK.

IS THAT HIGHLIGHTED ENOUGH THAT PERSONS SUCH AS THE APPLICANT TODAY CAN SEE THAT WHAT THEY'RE BUYING UM, THIS THIS THE BUILDINGS OR THE FACILITIES, THE EDIFICES THAT ARE DOWN THERE THAT THEY ARE ACTUALLY IN THAT ZONE. YES, I WOULD SAY SO. AND I'D LIKE TO ASK THE GENTLEMAN IN QUESTION. UM. PRIORITY YOU'RE PURCHASING THIS BUILDING THE PEOPLE THAT WERE IN THE BUILDING PRIOR TO YOU. WHAT WERE THEY USING IT FOR? IT WAS AN EVENT CENTER. THE WHOLE BUILDING. AND SO, BUT YOU WERE NOT AWARE OF HIS DESIGNATION. AND SO THAT'S IN THE AND YOUR. I GUESS I WOULD SAY DEALINGS WITH IT THAT YOU GO TO A REAL ESTATE. AGENT I'M A REAL ESTATE BROKER, SO I WAS WORKING ON THE BUYER SIDE AND THERE WAS A LISTING AGENT FOR THE SELLER AND THE LISTING AGENT DID NOT MAKE ME AWARE THAT THERE'S A ZONING PARTICULAR ZONING AND THEY WERE AWARE WE WERE GOING TO HAVE A ROASTED OFFICE THERE. EVEN THE SELLER WAS AND THEY DID NOT TELL US AT ANY POINT WHILE THE PROPERTY WAS UNDER CONTRACT THAT THERE WAS GOING THAT I WOULD HAVE TO REZONE IT. IF THAT WAS THE CASE, I KNOW REZONING. I'VE NEVER DONE IT SO I WOULD HAVE STOPPED THE PROCESS AT THAT POINT. AND FIRST CONFIRM IF THEY CAN BE CHANGED BEFORE CONTINUING THROUGH WITH

[01:00:03]

WE WILL MY BROKER PURCHASE THIS PROPERTY AND IT'S MAKING IT BEAUTIFUL, AND I'M EXCITED THAT WE ARE PART OF THE DOWNTOWN DUNCANVILLE. I DIDN'T KNOW THAT EITHER. BUT WHEN I DRIVE OVER THERE AND GO WOW, HOW NICE, WONDERFUL. WE DO WANT TO BE A PART OF DUNCANVILLE, THE COMMUNITY. WE ALSO WANT TO BE PART OF YOU KNOW THE BEAUTIFUL DOWNTOWN AREA. WE REALLY REALLY WOULD WANT TO BE A PART OF IT. WE ARE HAVING SOME HICCUPS. WE WOULD LIKE TO GET OVER THE HICCUPS WITH YOUR PERMISSION. WE DO ALSO WANT TO GET CONNECTED WITH THEATER THAT'S IN THE AREA . WE WANT TO GET CONNECTED WITH THE SCHOOLS. IN THE AREA BECAUSE , OF COURSE, AS WE KNOW THOSE ARE OUR LEADERS RIGHT? TOMORROW'S LATER NOW. WE WERE NOT AWARE THAT THERE WAS GOING TO BE SOME ZONING. WE AS AGENTS. WE BASICALLY WORK. ALL DAY, BUT WE'RE NOT PARKED. WE MIGHT BE THREE CARS, TWO CARS, FOUR CARS, SO IT'S NEVER FULL. OR WOULD CAR SO BETWEEN EIGHT HOURS OR 12 HOURS WERE COMING AND GOING, SO IT'S NEVER APART. PARKING LOT THAT'S FULL. YOU CAN DRIVE FURTHER. YOU'D BE ONE CAR, MAYBE ME OR WE COULD HAVE THREE CARS, SO THERE'S ALWAYS PARKING SPACE.

MY TIME IS OVER. THANK YOU. MR HAD A QUESTION. COMMISSIONER RODRIGUEZ IF YEAH, WE HAVE A QUESTION FOR YOU, MR VELEZ. THANK YOU VERY MUCH FOR COMING UP AND SPEAKING ON BEHALF OF YOUR TENANT, BUT I'VE GOT A QUESTION. IT'S TYPICALLY I THINK PARKING WAS HAS BEEN BROUGHT UP.

I THINK IT'S BEEN BROUGHT UP AS AS PART OF A BUT THERE COULD BE AN ISSUE IF SOMETHING IS APPROVED TO GO IN THERE, BUT I THINK AS IF YOU'RE IN A REAL ESTATE AGENT, YOU I WOULD THINK THAT THIS IS PUBLIC INFORMATION THAT THIS IS A DOWNTOWN DISTRICT . WE HAVE A COMPREHENSIVE PLAN IN PLACE. AND WE'VE HAD A LOT OF CASES IN THE PAST AND I CAN'T GO BACK. I JUST GOT TO FOCUS ON YOUR CASE. IS YOU KNOW, WE'LL MAKE CONCERNS IS APPROVING. SOMETHING THAT'S PART OF OUR COMPREHENSIVE PLAN. IT'S ALREADY PART OF DOWNTOWN DISTRICT. IS WHAT EFFECT IS IT GOING TO HAVE, AND I UNDERSTAND IT'S PROBABLY A GREAT BUSINESS YOU'RE IN. YOU WANT TO TEAM UP WITH THE SCHOOLS AND THE THEATER AND ALL THAT OTHER GOOD STUFF, BUT YOU KNOW, WE'VE GOT TO FOCUS ON THE PERMITTED USES FOR THE DOWNTOWN DISTRICT. AND YOU KNOW, I'M SORRY. THAT HAPPENED TO YOU. BUT THAT'S THAT'S KIND OF THE QUESTION I'M DEALING WITH IS HOW CAN YOU CONVINCE US CONVINCES BOARD AND THE JURISDICTION THAT THIS IS GOING TO FOLLOW WITHIN. WHAT THE CITY'S VISION IS. WELL AGAIN, UH, WE HAVE NOT HAD ANY PROBLEMS. PARKING WISE IS IT'S NOT LIKE WE HAVE TO GO AROUND THE CORNER OR UP THE STREET TO FIND A PARKING BECAUSE OF OUR LIMITED TIME. AH, GOLDMAN IN AND OUT 10 MINUTES TO HOURS AND THAT'S IT BETWEEN EIGHT HOURS. ACTUALLY, WE JUST CAME TO WORK AT 4 30. AND SO ALL DAYS BEEN PART THREE NOW. THERE IS PEOPLE THAT DO PARK IN OUR PARKING LOT WHEN THERE'S THEATER GOING ON ACROSS THE STREET IN THE EVENING. BUT I MEAN, THAT'S YOU KNOW, THAT'S THEM. NEEDING EXTRA PARKING SPACE, SO THEY PARKED THERE SOMETIMES. WHEN I LEAVE AT 7 30, THEY'RE HAVING AN EVENT. YOU KNOW THEY'RE STARTING TO PARK. WHICH YOU KNOW THAT MIGHT BE SOMETHING, BUT AGAIN, IT'S THERE'S STILL SPACE AVAILABLE. NOW AS YOU WERE ASKING ABOUT REAL ESTATE AND DID WE NOT NOTICE? IT WAS NOT TRANSPARENCY. IT WAS NOT THERE. UM I NOW KNOW THAT AS I DRIVE IN TO DUNCANVILLE, I DO SEE DOWNTOWN DISTRICT OR THE MARKET. YOU KNOW EVENTS THAT'S HAPPENING. UH SO MANY SETTLED FIRST SATURDAY OF THE MONTH AND THINGS LIKE THAT, AND THAT IS SOMETHING. WE'RE REALLY EXCITED TO BE A PART OF AS AS OUR BROKER HAS BOUGHT THE BUILDING FOR US. ENCORE FINE PROPERTY. SO AGAIN, I HOPE THAT YOU CAN VOTE ON IT. ALL RIGHT.

[01:05:07]

I DO HAVE THE CONCERN THAT YOU KNOW AGAIN IN OUR MATERIAL. UM HAVING THE BENEFIT OF THE CONSIDERATION OF STAFF, MAKING THE CONSIDERATION ABOUT PARKING AND SOME OF THE OTHER THINGS AND HELPING THE APPLICANT KIND OF WALK THROUGH THAT, AND EXPERIENCE WHAT THAT MAY LOOK LIKE, AND THAT BEING A PART OF WHAT WE CONSIDER BECAUSE I THINK WE'VE KIND OF LOOKED AT IT AND OTHER CASES, BUT IT WAS MISSING IN THIS PIECE, AND SO I THINK IT GENERATED THE ADDITIONAL QUESTIONS AND CONCERN AND EVEN RESPONSE FROM THE APPLICANT AS IT RELATES TO THAT, BECAUSE OF THE ABSENCE OF THAT INFORMATION. SO WITH THAT I WILL SUPPORT THIS AND HOPEFULLY OTHER COMMISSIONERS CAN IDENTIFY WITH THE REASONS THAT UNDERPINNED MY SUPPORT. SO I THINK COMMISSIONER WILLERS LIGHTED OKUDA LIKE YOUR SONG ANY OTHER COMMISSIONERS WOULD WOULD COMMENT.

COMMISSIONER WIN YES. UM MY COMMENT IS THAT I'LL GO. I AM VERY EMPATHETIC. TO THE CLIENTS WHO WHO HAVE COME BEFORE US. UM, I. THERE IS A PHRASE THIS IS, UH , IGNORANCE OF THE LAW IS NO EXCUSE. AND THE THING IS, THAT'S WHY I WAS ASKING STAFF WHETHER OR NOT THE INFORMATION AS FOR AS HOW UM WHAT? THESE UM, BUILDINGS HOW THEY ARE DESIGNATED AND SINCE IT IS PUBLIC KNOWLEDGE THAT THAT'S WHAT WE UM, THAT'S WHAT WE'RE LOOKING TO. THE BEST FEATURE OF DUNCANVILLE AS FAR AS HOW WE HAVE SEEN IT, AND SO IN THAT REGARD, I CANNOT APPROVE THIS. THANK THANK THANK YOU FOR THANK YOU FOR THAT. COMMISSIONER WILLARD? YES? UM WOW, I AM UNDERSTANDING. TO THE COMMISSIONER'S COMMENTS. I DISAGREE THAT THIS IS NOT IGNORANCE BECAUSE THIS SHOULD HAVE HAPPENED. BEFORE AND THIS AH! BUSINESS MERCHANT. SHOULD HAVE BEEN TOLD. AND THERE SHOULD HAVE BEEN AN ACKNOWLEDGEMENT. I'M SURE IF HE WERE TALL. THAT THERE WAS A RESTRICTION IN THIS

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COMMISSIONERS ALL THOSE VOTING IN FAVOR OF ITEM NUMBER SEVEN. PLEASE RAISE YOUR HAND AND SUPPORT. YOU HAVE THREE VOTING IN FAVOR ANY IN OPPOSITION? COMMISSIONER WIN AN OPPOSITION SO VOTING IN FAVOR COMMISSIONERS DAVIS WILLER. AND RODRIGUEZ VOTING IN OPPOSITION COMMISSIONER WHEN THE MOTION CARRIES THANK YOU. I HAVE NUMBER EIGHT. THANK YOU. CHAIR DAVIS.

[8. Continue discussion pertaining to the five-year Comprehensive Plan update.]

IF YOU, UM ADAMS TO GO OVER THE CAVE IN ROAD, LOW DENSITY RESIDENTIAL PROPOSAL IN WHICH PROPERTY SOUTH OF CAVE IN UM WILL BE, UH, PROPOSED TO BE LOADED C RESIDENTIAL THAT'S CURRENTLY PARKS AND OPEN SPACE. THERE'S A PORTION OF THE UH, DOWNTOWN DISTRICT EXPANSION, UH, ALONG WHEATLAND ROAD. THAT WOULD, UM CONNECT THE CURRENT OR THE FORMER COUNTY TAX OFFICE.

AND WE LEARNED PLAZA AND COMBINE THEM INTO THE DOWNTOWN DISTRICT. AND THEN THERE'S OPPORTUNITY AREA FOR EXPANSION AND WHICH THE CENTER RIDGE APARTMENTS, UH, WOULD BE INCLUDED IN THE OPPORTUNITY AREA FOR AH, IN WHICH, UH UM GRANT MONIES COULD BE SOUGHT OUT. FOR UM, FOR THIS AREA. IN WHICH THE THIS AREA COULD BENEFIT. UH UM. UH THAT DISCUSSIONS HAVE BEEN, UH MADE FOR THIS AREA. THERE'S ALSO BEEN DISCUSSIONS ABOUT AH ENTERTAINMENT DISTRICT AND FAIR MEADOWS IN WHICH THIS THIS AREA BETWEEN DUNCANVILLE AND MAIN STREET COULD POTENTIALLY BE SIDE OUT FOR ENTERTAINMENT DISTRICT OR ENTERTAINMENT DISTRICTS DISTRICTS ELSEWHERE. THAT CONCLUDES STATUS UPDATE. WE'LL STAND FOR QUESTIONS, ALRIGHT. QUESTIONS ANY QUESTIONS FOR STAFF? I HAVE A QUESTION FOR STAFF. WILL THERE BE OPPORTUNITY? UM TWO FOR US, YOU KNOW, I KNOW THAT WE GO THROUGH THESE COMPREHENSIVE ITEMS YOU KNOW, UPDATES AND POTENTIAL CHANGES TO THE COMPREHENSIVE PLAYER. ONE OF THE FEW. I THINK I THINK EVERYTHING THIS COMMISSION DOES IS IMPORTANT WORK, BUT ONE OF THE FEW FUN PIECES OF IMPORTANT WORK IS WORKING THROUGH THE COMPREHENSIVE PLAN, UM AND PROVIDING INPUT AND FEEDBACK TO STAFF BECAUSE EVENTUALLY YOU KNOW, SUBSEQUENT BODIES BEHIND US WILL BE ASKED TO LOOK TO THE COMPREHENSIVE PLAN. JUST THE WHOLE DISCUSSION WE JUST HAD WAS THE RESULT OF AT ONE POINT IN TIME. A BODY YOU KNOW, MADE SOME DECISIONS ABOUT WHAT THE DOWNTOWN CORRIDOR SHOULD LOOK LIKE AND HOW PARKING SHOULD BE CONFIGURED AND ALL OF THOSE THINGS THAT GO INTO A COMPREHENSIVE PLAN. AND SO YOU KNOW, HERE WE ARE WANTING TO EXPAND THAT. WILL THERE BE AN OPPORTUNITY FOR THIS COMMISSION IN A WORKSHOP OF BRIEFING SCENARIO TO BE ABLE TO BECOME MORE INTIMATE? UH UM AND INTERACTIVE WITH STAFF ON WHAT'S THE VISION? WHAT ARE THE REALITIES ON THE GROUND AND IMPOSSIBILITIES AS WE CONTINUE TO MOVE TOWARDS UPDATING A COMPREHENSIVE PLAN? BECAUSE QUITE HONESTLY, I DON'T KNOW. I DON'T KNOW. IF WE ARE MAXIMIZING , I GUESS THE FULL OPPORTUNITY TO DO IT. YOU KNOW, JUST KIND OF HEARING IT, YOU KNOW, FIVE MINUTES KIND OF AT THE END, AS IT RELATES TO UPDATES TO THE TO THE COMPREHENSIVE PLAN. YES AND I THINK, UH, I THINK THAT WOULD BE VERY BENEFICIAL TO HAVE A WORKSHOP. A WORKING WORKSHOP. UH PERHAPS A SPECIAL MEETING OUTSIDE OF OUR NORMAL MEETINGS. SINCE WHEN YOU DO MEET ONLY ONCE A MONTH. AH A MEETING WHERE WE'RE, UM AGAIN. CORN ISSUES BUT BEING ABLE TO POST AND NOTIFY

[01:15:09]

ALL RIGHT. HEARING. NONE. UM DO IT CULTURAL HERE. ALL RIGHT, SO IT'S A 25 TO BE SAFE. IS THERE COMMISSIONER THEY WANTED THE DESIRES TO CLOSE THE PUBLIC HEARING ON UH, THANK YOU, MR WHEELER. THANK YOU, COMMISSIONER RODRIGUEZ FOR YOUR SECOND BY WAVE OF THE COMMISSIONER WIN FOR YOUR AUDITORY AUDIBLE THICKET. ALL THOSE VOTING IN FAVOR SAY AYE. HE OPPOSED. ALL RIGHT. I'M

[9. Discuss legal procedures and duties with the City Attorney.]

PERFECT. THERE WE GO. OKAY UM, PROVIDED THIS PRESENTATION. TO THIS BODY BACK IN APRIL. I'M NOT SURE IF EVERYBODY WAS HERE. SO WOAH! WE CAN GO THROUGH IT RATHER QUICKLY. IF YOU WOULD LIKE. UM OKAY? OR IS THERE SOMETHING IN PARTICULAR THAT YOU WANTED? ME TO COVER ON IT. I

[01:20:09]

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