[1. Call to Order]
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APPROXIMATELY 7:01 P.M. UH, TODAY IS FEBRUARY 12. 2024 AND. UH, TODAY'S MEDIA IS DUNCANVILLE PLANNING AND ZONING COMMISSION REGULAR MEETING. UH, AT THIS MOMENT, I'D LIKE TO CALL A MEETING TO ORDER ALSO WOULD LIKE . TO RECEIVING A PUBLIC COMMENTS ON ITEMS THAT ARE NOT LISTED. ON THE AGENDA FOR TONIGHT. IF THERE'S ANYBODY HERE IN THE PUBLIC THAT WOULD LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA. P, UH, FEEL FREE TO DO SO, UH OR IF YOU CAN FILL OUT A CITIZEN PUBLIC UH, COMMENT CARD FOR THE STAT FOR THE CITIZENS THAT ARE HERE ARE SPEAKING IN FAVOR OF A CASE OR A AGAINST A CASE OR JUST HAVE A COMMENT REGARDED THE SPECIFIC CASE. MAKE SURE THAT EVERYONE FILLS OUT A CITIZEN PUBLIC COMMENT CARD AND GIVES IT TO THE, UH, CITY STAFF PRIOR TO IT. IS THERE ANYONE IN HERE WHO WOULD LIKE TO SPEAK ON ANYTHING? THAT IS NOT ON THE AGENDA TONIGHT? SEEING NONE HEARING NONE, UH, LIKE TO ENTERTAIN EMOTION AND CLOSE THE PUBLIC HEARING. MOTION. MAYBE THE 1ST AND 2ND MOTION. PUBLIC HEARINGS NOW CLOSED. MR WARREN.
WE'D LIKE TO MOVE TO ITEM NUMBER THREE, THE APPROVAL OF THE MINUTES FROM THE PREVIOUS
[3. Approve minutes for the Planning and Zoning Commission regular meeting on January 8, 2024.]
PREVIOUS MEETING. RIGHT ITEM NUMBER THREE LIKE TO APPROVE. ENTERTAIN A MOTION FOR APPROVAL OF THE MINUTES FROM JANUARY. 8TH 2024 AND ENTERTAIN MOTION. A 1ST AND 2ND MOTION TO APPROVE. KIND OF CLOSE CLOSE. THE DRAWING. I THINK ON, UH, WE CAN MOVE ON TO ITEM NUMBER FOUR, RIGHT? WAS THERE A VOTE FOR THE ITEM THREE. ALL IN FAVOR, ALL IN FAVOR OF CLOSING. ITEM NUMBER THREE.SORRY. I. WE HAVE A UNANIMOUS VOTE FOR BRINGING ITEM THREE. IN THAT CASE, I'LL DO ITEM NUMBER
[4. Conduct a public hearing (2024-01) for consideration and action regarding the request of Sambatek, applicant, representing Hajoca Corporation, for a Specific Use Permit (SUP) to allow for the Use “Building Materials Sales” on Crestview, Blk C, Lots 20, 20.1, and 21, more commonly known as 624, 626 and 628 Crestside Drive, in the City of Duncanville, Dallas County, Texas.]
FOUR. RIGHT. THANK YOU. UH, WHICH IS TO CONDUCT A PUBLIC HEARING? UH WELL, I WROTE THAT TWICE JUST TO MAKE SURE THERE'S EMPHASIS. UH, 2024 01, WHICH IS IDEAL OR APPROPRIATE, BECAUSE WE'RE HEARING IT AGAIN FOR CONSIDERATION AND ACTION REGARDING THE REQUEST OF SAM TAG APPLICANT REPRESENTING A JOKER CORPORATION FOR A SPECIFIC USE PERMIT TO ALLOW FOR THE USE BUILDING MATERIAL CELLS ON CRESTVIEW BLOCK SEA LOTS, 20, 20.1 AND 21 AS ADVERTISED AT THE TIME OF APPROVAL, WHICH IS WHEN UH, REP. PLATTED INTO ONE LOT MORE COMMONLY KNOWN AS 324326 AND 328 CREST SIDE DRIVE IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. THE REQUEST, AS STATED PREVIOUSLY IS FOR AN SEP TO ALLOW OPERATION OF THE USE BUILDING MATERIAL CELLS ON THE PROPERTY. THE DEFINITION FOR BUILDING MATERIAL CELLS IS A RETAIL ESTABLISHMENT FOR THE SALE OF BUILDING MATERIALS SUCH AS LUMBER, HARDWOOD, STONE BRICK OR SIMILAR MATERIALS AND IN THIS CASE BEING PLUMBING SUPPLY MATERIALS FALLING UNDER THE SIMILAR MATERIALS UMBRELLA. THE FUTURE OF LAND USE MAP, UH, DESIGNATES THIS PROPERTY IN OPPORTUNITY AREA ONE. UH WHICH GIVES A SPECIAL UH, CONSIDERATION AS A TARGETED AREA FOR DEVELOPMENT? REDEVELOPMENT AND ALSO GIVE SPECIAL PRIVILEGES LIKE PARKING REDUCTION. UH, THE ZONING DISTRICT IS C COMMERCIAL DISTRICT. SHOWN ON THE IMAGE ON THE RIGHT. UH, WHERE IT'S THE PROPERTY IS SURROUNDED BY A COMMERCIAL WITH, UH, INDUSTRIAL USE TO THE NORTHWEST. IMAGE ON THE LEFT IS AN AERIAL SHOWING THE VACANT TRACT. AND THIS IS MORE INFORMATION ABOUT THE AERIAL. WE HAD 20 MILLION. SO NOW WE HAD ONE REPLY IN FAVOR. ONE REPLY IN OPPOSITION. THIS REQUEST IS TENTATIVELY SCHEDULED TO PROCEED TO THE TUESDAY MARCH 5TH 2024 CITY COUNCIL HEARING. THIS IS A, UH, SPECIFIC USE SITE , UH, PERMIT SITE PLAN SHOWING THE ORIENTATION OF THE BUILDING ALONG THE CREST SIDE DRIVE. WITH A AERIAL ON THE NEXT SLIDE, SHOWING THE PARKING AND THE CONFIGURATION. OF THE APPROACH.HERE'S A LANDSCAPE PLAN, SO THAT ALL UH LANDSCAPE REQUIREMENTS ARE MET AND HAVE BEEN SATISFIED BY THE DEVELOPMENT REVIEW COMMITTEE. HERE. THE ELEVATIONS OF THE PROPERTY FROM THE EAST WEST, NORTH AND SOUTH. THIS IS THE PROPOSED SITE PLAN BEING ALMOST 18,000 SQUARE FEET, UH,
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WITH A. UH ZOOMED IN ON THE PROPOSED OFFICE AREA. SHOW. UH DIFFERENT AREAS FOR, UH, OFFICES, TRAININGS AND SALES AND SHOWROOM FRONT. WITH A LARGER, UH, WAREHOUSING IN THE IN THE REAR. SO THE SPECIFIC USE PERMIT. THERE ARE CERTAIN CONSIDERATIONS IN SECTION D. OUR PART D OF SECTION 6.05. THAT'S UH, WE'VE HEARD BEFORE IN SHOP BE MET. BUT UH IN REVIEW AS THIS CASE WAS HEARD LAST UH, PLANNING AND ZONING COMMISSION MEETING. THAT UH, PERHAPS A TIME PERIOD SHOULD BE IMPOSED ON THE SPECIFIC USE PERMIT THAT IT WILL NOT BE UNLIMITED, RATHER FOR A LIMITED PERIOD OF TIME. HOWEVER UPON FURTHER EXAMINATION OF THE, UH, CONFERENCE ZONING ORDINANCE, UM AND I REALLY SHOULD HAVE UH, BEEN ABLE TO PROVIDE THIS INFORMATION TO YOU AT THE PREVIOUS MEETING, SO I APOLOGIZE FOR NOT BEING ABLE TO DO SO. BUT I DO HAVE IT TODAY AND I'M UH, HAPPY TO SHARE. THAT THE, UH, TAX DOES READ THAT THE SPECIFIC USE PERMIT MAY BE ISSUED FOR AN UNLIMITED OR LIMITED PERIOD OF TIME, MEANING THAT IT CAN. IT CAN BE AN UNLIMITED. BUT THERE'S ALSO ARE THE UM. PART OF THE RIGHTS AND RESPONSIBILITIES OF THIS COMMISSION CAN ISSUE FOR A LIMITED PERIOD OF TIME. THE SECOND SECTION GOES ON TO SAY THAT SPECIFIC USE PERMITS SHALL ONLY BE ISSUED FOR A LIMITED PERIOD OF TIME. IF THE USE IS INTENDED TO BE TEMPORARY AND DOES NOT REQUIRE SUBSTANTIAL INVESTMENT INTO THIS SITE. SO AS WE EXAMINE AS A STAFF EXAMINED THE, UH, MERITS OF THIS REQUEST. IT IS EVIDENT THAT THE INTENDED USE IS NOT TEMPORARY. AND IT IS NOT, UH UNSUBSTANTIAL. INVESTMENT INTO THE SITE. IN FACT, IT IS QUITE A SUBSTANTIAL INVESTMENT IN IS INTENDED TO BE USED FOR A LONG TIME. THEREFORE STAFF RECOMMENDATION IS FOR APPROVAL. AND FOR A UNLIMITED UH SUP. ON THE SITE, UH, STAFF WILL STAND FOR QUESTIONS. AND I LOOK FORWARD TO, UH, ANSWERING ANY OF THAT THE COMMISSION MAY HAVE.THE INTERPRETATION OF THAT LANGUAGE TO LIMITED AND UNLIMITED AND. I THINK THAT I THINK WE CLEARED THAT UP EARLIER IN A DISCUSSION ON THIS PARTICULAR CASE AND UH, UH, I DON'T KNOW IF MY COLLEAGUES HAVE ANY QUESTIONS REGARDING THIS PARTICULAR CASE, I THINK WE HAVE ONE. GO AHEAD, COMMISSIONER. I HAVE A QUESTION. UH, IT'S NOT ABOUT WHETHER YOU KNOW THE USE OR ANYTHING LIKE THAT. BUT I UM, NOTICED THE DIFFERENT NAMES AND WHEN WE WERE TALKING ABOUT IT ON THE LAST TIME WE WERE TALKING ABOUT IT WAS MOS. AND THEN I SEE TWO DIFFERENT NAMES. CAN YOU? UM, TELL ME WHO EXACTLY. WHO ACTUALLY OWNS THIS, UM, PROPERTY I THINK IT HAD ON HERE. IT WAS HOKA, UH, CORPORATION. BUT IT WAS SIGNED BY SOMEONE ELSE. YES AND, UH, I THINK THAT THE, UH UH , APPLICANT IN THE AUDIENCE WOULD WOULD DO A BETTER JOB EXPLAINING THE DIFFERENCE THAN ME, HAZARDING A, UH EDUCATED UH, AS I KNOW IT, UH, THEY THEY'LL BE ABLE TO TELL YOU TELL IT TO YOU STRAIGHT. THANK YOU. ANY OTHER QUESTIONS. RIGHT? I'D LIKE TO MAKE THE MOTION ON CLOSE THE PUBLIC HEARING ON ITEM NUMBER FOUR. AND, UH, SORRY. WE ASK IF THERE'S ANYBODY IN FAVOR IN OPPOSITION TO THE REQUEST. I'M SORRY ABOUT THAT. IS THERE ANYONE IN OPPOSITION OR IN FAVOR OF THIS CASE? IT WOULD LIKE TO SPEAK TONIGHT OR DO WE HAVE THE APPLICANT HERE TONIGHT THAT WOULD LIKE TO SPEAK TO US. YOU SHOW ONE OF THE CARDS ANSWER. DOES HE NEED TO FILL IN OUT, MR WARREN? NOT. UH, NO, WE CAN. WE CAN HAVE THEM FILL ONE OUT LATER. BUT JUST TAKE YOUR NAME AND ADDRESS AND WE'LL BE ABLE TO GET HIS NAME AND RECORD. JUST NA ME AN ADDRESS HERE. MY NAME IS
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COREY B. I'M AT FIVE BROOKWAY COURT. UM TO YOUR QUESTION EARLIER, UH, THE DIFFERENCE? UH BETWEEN HAJO AND MORE SUPPLY. UH HOJO IS JUST THE PARENT COMPANY. IT STANDS FOR HAINES JONES AND CADOR BERY. IT'S THE THREE GENTLEMEN THAT ORIGINALLY STARTED THE COMPANY AND THEN MORE SUPPLY IS JUST A DOING BUSINESS AS TITLE UM, SO IT'S THE SA ME EXACT COMPANY. ANY OTHER QUESTIONS THAT I COULD ANSWER. NO, SIR. THANK YOU. THERE'S ANYONE ELSE THAT WOULD LIKE TO SPEAK. ON ITEM NUMBER FOUR. AND HERE, NO. SORRY, COMMISSIONER. GO AHEAD. UH, I HAD A QUESTION THAT I CAME. UM NATHAN, I BELIEVE YOU SAID THERE WAS ONE IN OPPOSITION THAT WAS S SUBMITTED. YES COULD YOU PROVIDE THE DETAILS ON WHAT LET ME SEE IF I HAVE THE SLIDE. LET ME LET ME SEE. PARDON ME. I DON'T RECALL THE EXACT. I. I DON'T I MAY HAVE OVERLOOKED IT. I DIDN'T RECALL SEEING IT IN THE PACKAGE. THAT THAT RESPONSE WAS JUST RECEIVED TODAY, SO IT'S NOT IN THE PACKAGE. THANK YOU. DO YOU RECALL WHAT THE, UM THE COMMENTS WERE MRS ROMERO. OK? UM. YEAH, I DON'T. I DON'T HAVE THE, UH, THE DETAILS. UH, I CAN I APOLOGIZE. WE KNOW IF THAT PERSON IS HERE TO TONIGHT TO SPEAK OR WE DON'T. I. I DON'T KNOW IF THAT PERSON IS HERE TONIGHT OR NOT, THAT IS, UH ANYONE IN OPPOSITION OR IN FAVOR OF SPEAKING IN THIS CASE HERE TONIGHT? YEAH, I DON'T. I DON'T THINK ANYONE'S HERE. SORRY. I, UM. FEELS INCOMPLETE TO TAKE A VOTE WITHOUT KNOWING WHAT'S IN THE OPPOSITION. UM, I HAVE THE EMAIL ON MY PHONE IF YOU WANNA LOOK AT IT I THINK THAT WOULD HELP US IF WE CAN GET IT ON SCREEN OR. THANK YOU, MR ROMERO AND, UH, ALSO READ INTO THE RECORD. IT'S FROM A, UH LAURIE WILSONS. GOOD. GOOD EVENING. WE LIVE WE LIVE AT 611 CRESTS SIDE DRIVE. DUNCANVILLE DALLAS, TEXAS 75137. WE RECEIVED THE LETTER ABOUT THE SPECIFICS PERMIT TO ALLOW FOR THE USE OF THE BUILDING MATERIAL SALES ON CRESTVIEW BLOCK C LOTS 20, 20.01 AND 2162 AND. 628 CREST SIDE DRIVE. WE'RE NOT IN FAVOR OF GRANTING THE ZONING REQUEST FOR THE FOLLOWING REASONS. IN THE BEGINNING, WE WERE NOTIFIED THAT THIS AREA WAS GOING TO BE A WAREHOUSE ONLY. WE DID NOT HAVE A PROBLEM WITH THAT. THEN IT WAS CHANGED TO BUILDING MATERIAL CELLS. WE WERE NOT HAPPY WITH THE CHANGE AND REALIZED IT COULD CAUSE MORE ISSUES IN THIS AREA TO THIS ISSUE, INCLUSIVE INCLUDE . UH, INCREASED TRAFFIC, WHICH POSES A SAFETY CONCERN FOR MY CHILDREN AND FAMILY. THREE INCREASED CRIME CRIMINALS WILL WILL SEE AN OPPORTUNITY AND TAKE IT IT IF THE AREA IS NOT UNDER HEAVY SURVEILLANCE. AND FOR THIS WILL ALSO INCREASE NOISE IN THE AREA, WHICH JUST DRIVES MY FAMILY'S PEACE OF MIND. THANK YOU. THANK YOU. UM I BELIEVE WE DISCUSSED THIS LAST TIME. UM OR MAYBE THE GENTLEMAN. SHE SHARED. THAT IT'S FOR THE TRAFFIC PATTERN AND TRANSPORTATION THAT ALL OF THAT HAD BEEN TAKEN INTO CONSIDERATION. IS THAT CORRECT? CORRECT? ANY ADDITIONAL QUESTIONS. YEAH. ALL RIGHT. THANK YOU, MR WM. I LIKE TO MAKE A MOTION. I'M SORRY. UH, ENTERTAIN A MOTION FOR ITEM NUMBER. SORRY. THE CLOSED PUBLIC HEARING. YEAH, CLOSE CLOSE THE PUBLIC HEARING. AT 716. RIGHT? COMMISSION SCHOOL ENTERTAIN A[00:15:06]
MOTION ON ITEM NUMBER FOUR. WELL, LET'S LET'S VOTE ON CLOSING THE PUBLIC HEARING OR THE I'M SORRY. THAT'S LET'S VOTE ON CLOSING THE, UH SURE YOU'RE SORRY ABOUT THAT WE HAD. WE HAD A FIRST AND A SECOND. AND THEN NOW LET'S VOTE. ALL RIGHT, SO WE TAKE A MOTION ON VOTE FOR THE CLOSING PUBLIC HEARING. MOTION HAS BEEN MADE AND SECONDED. AND NOW THE NOW IT'S TIME TO VOTE.WE TAKE A VOTE. ON ITEM NUMBER FOUR. NO CLOSING THE HEARING. ALL THOSE IN FAVOR. I OK, I HAVE IT WONDERFUL. NOW THAT WILL BE DISCUSSION FOR, UH, THE COMMISSIONERS. UH, AMONGST AMONGST THEMSELVES ARE QUESTIONS FOR THOSE IN THE AUDIENCE OR OR STAFF. I LIKE TO WE HAVE ANY MOTIONS TO? I'M SORRY. DO WE HAVE ANY DISCUSSION ON ITEM NUMBER FOUR. COMMISSIONERS. MY DISCUSSION IS THAT THE DEFINITION OF. UH UNLIMITED WOULD MEAN THAT THERE IS A MAJOR INVESTMENT. UH, IN THIS PROPERTY. AND SO WHEN WE LOOK AT OR DEFINE WHAT A MAJOR INVESTMENT IS, UH, EXPANDING ON THAT, SO WE CAN UNDERSTAND EXACTLY WHAT THAT ENTAILS. SO THE LANGUAGE ALBEIT SAYS SUBSTANTIAL INVESTMENT. WHICH UH , IS A BIT VAGUE, SAY HOW MUCH BUT I THINK, UH, IN THIS INSTANCE WHERE YOU'RE GOING FROM A VACANT LOT. IN FACT, THREE LOTS THAT WAS REPLANTED INTO ONE LARGER, LARGER LOT AND THEN A MULTIMILLION DOLLAR INVESTMENT.
IN MY OPINION, IT IS SUBSTANTIAL AND TO SAY IT ISN'T IS, UH UH, UH, AGAINST, UH, STAFFS. REC.
UH, I GUESS RECOMMENDATION WOULD ALSO STAFFS OF OPINION. I THINK IF THERE'S SOMETHING LIKE A, UM A CHANGE OF OWNERSHIP ON AN EXISTING STRUCTURE. THAT MAY NOT BE IN A SUBSTANTIAL INVESTMENT.
IN FACT, STAFF WOULD SAY THAT IS NOT A SUBSTANTIAL INVESTMENT THAT IS MERELY A TURNKEY CHANGE OF OPERATION. UH, FOR EXAMPLE, A BUSINESS THAT, UM MAYBE A RESTAURANT AND THEN IT'S CHANGING TO A RESTAURANT WITH THE DRIVE THROUGH THAT WOULD REQUIRE NO SPECIFIC USE PERMIT.
MAYBE THAT IS NOT A SUBSTANTIAL INVESTMENT IN STAFF WITH CONSIDER THAT IN THE RECOMMENDATION. BUT IN THIS CASE GOING FROM A VACANT LOT TO A MULTI MILLION DOLLAR, UH, SITE UH, THAT WOULD GENERATE, UH. A LOT OF A LOT OF TAX INCOME IS SUBSTANTIAL, UH, INVESTMENT IN SOMETHING THAT STAFF SUPPORTS. M I TEND TO AGREE WITH STAFF BASED UPON A VERY FAMILIAR WITH THE AREA AND VERY FAMILIAR WITH THE ACTUAL TRACK OF LAND ACTUALLY DROVE BY THERE AND LOOKED AT IT, AND I SAW THE CURRENT OPERATION THAT BACKS UP INTO THE PROPOSED. TRACK OF LAND AND, YOU KNOW, I.
I THINK I'M JUST LIKE MY COLLEAGUES WERE WHAT DEFINED THAT UNLIMITED TERM USE. FOR SOME REASON, THAT'S WHAT CAUSES GOING BACK AND FORTH ON THIS SHELVING THAT AND. AND FROM THE LAST MEETING WE HAD BACK IN IN JANUARY. SO YOU KNOW THAT THAT WAS MY ONLY HANG UP. IS THAT HOW IS THAT GONNA AFFECT ANYTHING THAT WE DECIDE IN THE FUTURE MOVING FORWARD IN OUR COMPREHENSIVE PLAN? WELL, THEY'RE GOING TO HAVE TO EITHER. REZONE IT OR SOMETHING. IT'S GONNA HAVE TO HAPPEN. AFTER THE FACT WHETHER WE GO FORWARD WITH THIS THING OR NOT, UH, WOULD THAT UNLIMITED OR LIMITED PERIOD OF TIME NOW I THINK WE HAVE THE OPTION OF LEASING. TIME CONSTRAINTS ON THIS THING, YOU KNOW IF MY COLLEAGUES AGREE, OR WE CAN GO WITH STAFF RECOMMENDATION AND MOVE FORWARD WITH THE UNLIMITED OR PERMANENT. UH, SPECIFIC USE PERMIT ON THIS.
PARTICULAR CASE. BASED ON UM THE LANGUAGE THE STAFF HAS PROVIDED FOR FROM SECTION 6.05, WHERE IT SAYS THAT THE SPECIFIC USE PERMIT SHALL ONLY BE ISSUED FOR A LIMITED TIME. IF IT'S TEMPORARY, OR IF IT'S NOT A SUBSTANTIAL INVESTMENT. BASED ON THE REGULATIONS THAT'S IN THE BOOK. I BELIEVE WE'RE WE'RE. REQUIRED FOR IT TO BE UNLIMITED BECAUSE IT DOESN'T MEET THE QUALIFICATIONS FOR IT TO BE ISSUED FOR A LIMITED PERIOD OF TIME. YEAH, WELL, IT FALLS
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WITHIN THAT PARTICULAR THIS CASE FALLS WITHIN THAT PARTICULAR ITEM. UH, 6.05 POINTS ON THIS SPECIFIC USE PERMIT. SO, BUT, YOU KNOW. AFTER EVALUATING THIS WHOLE THING, AND THEN EVEN FROM LAST MONTH'S MEETING, YOU KNOW, I, I WOULD TEND TO AGREE WITH STAFF AND KIND OF MOVE FORWARD WITH ISSUING THIS SUP. UH, IN THAT PARTICULAR STAFF RECOMMENDATION FORMAT. ANY OTHER QUESTIONS. COMMISSIONERS. THOUGHTS RECOMMENDATIONS. ANYTHING FOR DISCUSSION. WELL, MY RECOMMENDATION IS, UM, THAT WE ACCEPT, UM UM, WITH THE STAFF HAS COME UP WITH PRIMARILY BECAUSE, UM, THIS IS A SIGNIFICANT AND A SUBSTANTIAL AMOUNT OF INCOME THAT'S BEING USED TO, UM BUILD THIS. WHERE WELL, NOT REALLY A WAREHOUSE BUT A HUGE UM, UM, BUILDING THAT WILL, UM. WILL BE ABLE TO REALLY GIVE A LOT TO THE TAX AND TO PROVIDE, UM POSSIBLE JOBS FOR MORE OF THE PEOPLE THAT ARE HERE AT DUNCANVILLE. AND, UM AS YOU SAY, IF IT WAS SOMETHING THAT WAS GOING TO BE UM THEY WERE GOING TO THROW UP SOMETHING THAT THEY COULD MOVE WITH LATER. UM THEN THAT WOULD BE A PROBLEM FOR ME. BUT THIS ISN'T SOMETHING THAT YOU CAN BUILD ON THAT MUCH PROPERTY AND THAT HUGE OF A STRUCTURE AND THEN TRY TO MOVE IT, SO I'M I'M VERY COMFORTABLE.UM, WITH ACCEPTING STAFF'S RECOMMENDATION. THAT EMOTION. UH, WELL, WELL, WE'LL START WITH IT SOUNDED LIKE ONE. RIGHT. WELL I THINK WITH THAT BEING SAID, I THINK IF EVERYONE AGREES WE CAN MOVE FORWARD AND, UH, UH, ENTERTAIN MOTION ON THIS PARTICULAR CASE. UH, NO, NO.
THAT YEAH, THAT. WELL, WE HAVE 1ST AND 2ND MOTION. WE TAKE A VOTE. RAISE YOUR HAND. I DON'T THINK THE SCREEN IS WORKING, BUT I MOTION IS, UH, THE. YES, WE'RE ALL IN FAVOR. YEAH, WE ARE. ANY OPPOSED ANY OPPOSED. THE EYES. HAVE IT EYES HAVE IT? IT'S BEEN IMPROVED. YEAH, WE CAN MOVE ON
[5. Conduct a public hearing (2024-06) for consideration and action regarding the request of Robert Brown, applicant, representing Metro Housing LLC, owner, to include a Specific Use Permit (SUP) for Short-Term Rental on Block 12, Lot 6, Dville Estates No. 3, more commonly known as 235 Greenstone Court, Duncanville, Dallas County, Texas.]
TO ITEM NUMBER FIVE. THANK YOU. VICE CHAIR RODRIGUEZ. THE I'M FIVE IS CONDUCTING A PUBLIC HEARING 2024-06 FOR CONSIDERATION AND ACTION REGARDING THE REQUEST OF ROBERT BROWN APPLICANT REPRESENTING METRO HOUSING LLC OWNER TO INCLUDE A SPECIFIC PERMIT SPECIFIC USE PERMIT. PARDON ME. UH, FOR SHORT TERM RENTAL ON BLOCK 12 LOT SIX DEVILLE ESTATES NUMBER THREE MORE COMMONLY KNOWN AS 235, GREENSTONE COURT. DUNVILLE. DALLAS, TEXAS, DALLAS COUNTY, TEXAS. THE REQUEST IS FOR AN SEP FOR A SHORT TERM RENTAL. SHORT TERM RENTAL IS DEFINED AS A RESIDENTIAL UNIT OFFERED FOR RENTAL TO GUEST FOR RESIDENTIAL PURPOSES FOR A PERIOD OF 1 TO 30 NIGHTS. EXAMPLES INCLUDE BUT ARE NOT LIMITED TO AIRBNB VACATION RENTALS BY OWNER HOME AWAY AND OTHER BROKERS. SO SUCH SUCH RENTALS MAY INCLUDE A SHARED ROOM, A SINGLE ROOM OR THE ENTIRE DWELLING UNIT. THESE USES ARE ARE CONDUCTED BY THE HOMEOWNER OR TENANT, NOT BY A HOTEL OR OTHER BUSINESS. THE FUTURE LAND USE MAP DESIGNATION IS LOW DENSITY RESIDENTIAL. THE ZONING DISTRICT IS SF 10 SINGLE FAMILY RESIDENTIAL DISTRICT. THE IMAGE ON THE LEFT IS AN AERIAL SHOWING THE SUBJECT PROPERTY IN THE CUL DE SAC, UH, KNOWN AS GREENSTONE COURT. IT IS, UH ADJACENT TO GREENSTONE AND ROMA STREET TO THE SOUTH, WHERE SINGLE FAMILY 10 RESIDENTIAL DISTRICT SURROUNDS THE ENTIRE, UH, RESIDENTIAL AREA. 19 MILLIONS WERE SENT OUT. WE HAD ONE RESPONSE IN FAVOR. UH WE HAD NO OFFICIAL RESPONSES IN OPPOSITION. UH, HOWEVER, UH, THERE WAS A, UH, A PHONE CALL THAT I DID RECEIVE TODAY. UH, IN OPPOSITION. UM WELL. MORE. LIKE UH, SPECULATION, UH, OF THE REQUEST. THE REQUEST IS TENTATIVELY SCHEDULED TO PROCEED TO THE TUESDAY MARCH 5TH 2024 CITY COUNCIL HEARING. STYLES RECOMMENDATION IS APPROVAL WITH THE USUAL CONDITIONS FOR A SHORT TERM RENTAL. THOSE BEING NO ALLOWED AND RUCKUS. NOISES MAY BE PRESENT, UH TO ON THE PROPERTY BETWEEN THE HOURS OF 10 P.M. AND 7 A.M. THE SAP WILL BE REMOVED IT. LO LOCATION RECEIVES THREE SUBS SUBSTANTIATED[00:25:05]
COMPLAINTS FROM NEIGHBORING PROPERTY OWNERS FOR EXCESSIVE NOISE OR TRAFFIC WITHIN A 24 MONTH PERIOD. THE PROPERTY MUST CONTINUE TO BE IN GOOD STANDING BY NOT HAVING ANY OUTSTANDING ISSUES RELATED TO TAXES OR CODE COMPLIANCE PROVISIONS OR REPORT MUST BE PERMITTED MUST BE SUBMITTED TO PLANNING STAFF ANNUALLY. THAT INDICATES THE FOLLOWING THE NUMBER OF NIGHTS THAT THE UNIT WAS WRITTEN AS A SHORT TERM RENTAL IN THE PREVIOUS YEAR, PROOF OF PAYMENT OF HOT TAXES. UH PROOF OF CURRENT PROPERTY INSURANCE. THE PROPERTY WILL BE SUSPENDED OR REMOVED FROM THE REGISTRATION LIST FOR ONE YEAR. IT FALSE OR MISLEADING INFORMATION IS PROVIDED. THERE HAS BEEN A VIOLATION OF THE TERMS, CONDITIONS OR RESTRICTIONS OF THE HOT TAX HAS NOT BEEN PAID IN A TIMELY MANNER. UH, CONTAINED OPERATION OF A SHORT TERM RENTAL FOLLOWING SUSPENSION OR REMOVAL FROM THE REGISTRATION LIST WILL BE CONSIDERED A VIOLATION OF THE CITY OF DUNCAN BILLS. CONFERENCE OF ZONING ORDINANCE. THANK YOU. STAFF WILL STANFORD QUESTIONS MEASURES. I. I HAVE A QUESTION. UM IN THE DEFINITION. IT SAYS THAT THESE USES ARE CONDUCTED BY THE HOME OWNER OR TENANT, NOT BY A HOTEL OR OTHER BUSINESS. THIS PROPERTY IS OWNED BY AN LLC. UM.IT IS OWNED BY I. I UNDERSTAND THAT THE, UH LLC THAT OWNS IT IS A WELL I GUESS IT'S NOT A SOLE PROPRIETOR BECAUSE IT'S AN LLC. BUT IT'S LIKE A IT'S FOR TAX PURPOSES. THE OWNER, UH, HAS IT AS AN LLC. SO DOES THAT MEAN THAT IT'S NOT CONSIDERED A BUSINESS. UM NO, IT'S JUST IT.
IT'S JUST THE OWNERSHIP. THEY THEY'RE NOT OPERATING AS A BUSINESS. THEY'RE THEY'RE OPERATING AS JUST THE OWNERSHIP IS A CORPORATION. WILL THE SPECIAL USE PERMIT BE ISSUED TO ROBERT BROWN OR METRO HOUSE? NEITHER IT ISSUED TO THE PROPERTY. IT'D BE ISSUED TO THE PROPERTY AND THE PROPERTY IS OWNED BY METRO HEALTH. THAT'S CORRECT. YOU. I BELIEVE I BELIEVE THE PROPERTY OWNER IS IN ATTENDANCE AND I THINK THEY MIGHT BE ABLE TO SHED MORE SHED MORE LIGHT. UH THAN I CAN IF NOT, YOU CAN ASK ME AGAIN. I HAVE A QUESTION. I THINK THAT I ASKED THIS BEFORE, BUT I FORGOTTEN. IS THERE A PERCENTAGE OF, UM. THE SHORT TERM PROPERTIES THAT THE CITY HAS SAID THAT THEY DO NOT WANT TO GO . IS THERE A LIMIT TO THE NUMBER THAT WE WILL ACTUALLY APPROVE TO BE OPERATING IN THE CITY OF DUNCANVILLE AT ANY GIVEN TIME? I DON'T I DON'T BELIEVE SO. I DON'T THINK WE HAVE A CAP OR A PERCENTAGE I KNOW FOR, UH CERTAIN BUSINESSES OR USES, I SHOULD SAY, LIKE, UH OR UH, DOLLAR AND DIME STORES. THE DOLLAR STORES. THEY HAVE TO BE A CERTAIN DISTANCE AWAY FROM EACH OTHER, SO THEY'RE NOT UH, TO THEY HAVE TO BE SPREAD APART. UH, I DON'T THINK THERE'S ANY SUCH RESTRICTION FOR SHORT TERM RENTAL. HOWEVER, THERE IS NO UH, SAFE HAVEN FOR A SHORT TERM RENTAL. THERE'S NO UH, ZONING THAT IS ALLOWED BY RIGHT EVERY SINGLE SO SHORT TERM RENTAL IS SCRUTINIZED. UH, AND COMPELLED TO OPERATE THROUGH THE THIS PROCESS OF OBTAINING AN SUP. SO IT'S A CASE BY CASE BASIS. IT HAS TO BE OPERATED TO THOSE LENSES. ARE YOU AWARE OF THE NUMBER THAT ARE PRESENTLY OPERATING HERE IN DUNCANVILLE? UM RIGHT NOW, WE ONLY HAVE FOUR THAT HAVE RE, UH, ACQUIRED AN SUP AND OUR REGISTERED. WE DO HAVE MORE IN THE CITY THAT WE HAVE REACHED OUT TO WITH NOTICES, THOUGH. SO FOR LEGAL AND WE WOULD PREFER THEM TO OPERATE LEGALLY AND GO THROUGH THIS PROCESS. IS THERE A CAP ON THE NUMBER OF SHORT TERM RENTALS IN INDIVIDUAL CAN HAVE OR A COMPANY. I DON'T BELIEVE SO. SO IF I WANT FIVE HOUSES, I COULD HAVE FIVE FOR SHORT TERM RENTALS IF I GOT APPROVAL YES. ANY OTHER QUESTIONS. COMMISSIONERS. WELL, MY QUESTION IS. UH AS FAR AS THE SHORT TERM RENTAL STANDARDS THAT ARE ALREADY SET BY THE CITY OF DUNCANVILLE, AND THERE'S ALREADY AN ORDINANCE IN PLACE BEFORE THEY, UM, APPLY FOR THE SUP ARE THEY REQUIRED TO COMPLETE THE SHORT TERM RENTALS? UH REGISTRATION BEFORE THEIR, UH, CAN APPLY FOR THE SUP? UH, NO.
BEFORE THEY, UH, OBTAIN THEIR, UH, THEIR REGISTRATION PROCESS, SO IT'S A THEY THEY HAVE TO GET THE SEP STEP ONE. THIS IS THE FIRST NOT THE LAST STEP. THERE'S MORE REGISTRATION AND ANNUAL, UM
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UH, INSPECTION THAT GOES INTO THESE, UH, THESE PROPERTIES. OK SO IF THEY WERE TO GET THE SUP FROM THE COMMISSION TODAY, AND THEN THE, UM UH, REGISTRATION. THE PEOPLE WHO DID THE INSPECTION BECAUSE IT HAS TO BE INSPECTED TO MAKE SURE IT IT REQUIRES UP TO THE SPECS. UM DID NOT PASS THEY WOULD HAVE TO COMPLY WITH GETTING THOSE, UH, PARTICULAR THINGS, UM, UP TO STANDARD BEFORE THEY'LL BE ISSUED A PERMIT CORRECT BEFORE THEY'RE ABLE TO OPERATE. SO AFTER APPROVAL. LET'S LET'S KIND OF WALK THIS THING THROUGH AFTER APPROVAL FROM PNZ AND THEN COUNCIL. UH I GUESS IT'S MORE OF AN ADMINISTRATIVE TYPE PAPERWORK IF THEY GET APPROVAL TOWARD THE END, AND THEN AFTERWARDS, CODE ENFORCEMENT OR ANYBODY TAKES OVER IN THE IF THERE'S ANY ISSUES THAT DEVELOP AFTER THE FACT. UH YES. SO THERE IS THE CONDITIONS, UH, PLACED ON, UH, ON THE PROPERTY. UH, THREE COMPLAINTS IN A 24 MONTH PERIOD WILL RESULT IN, UH REVOCABLE OR, UH, BE HAD THE SEB BEING REMOVED . UM ALSO, UH, FALSE OR MISLEADING INFORMATION BEING PROVIDED, UH, WILL UH, IN VIOLATION OF THE CO AND RESULT IN THE SUS THE SPECIFIC USE PERMIT BEING REMOVED. THAT'S TEXT AND LANGUAGE. THAT'S UH, IN THE UH, SHORT TERM RENTAL. UH, ORDINANCE AS WELL AS UH, OWNERSHIP TRANSFER. UM. SO THAT'S A. THAT'S A DIFFERENT CAVEAT. THAT'S NOT WHAT IS BEFORE TODAY. TODAY IS NOT ABOUT TRANSFER OWNERSHIP OF THE, UH OF THE PROPERTY. UM IN THE IN THE INSTANCE OF A OF A TRANSFER OF OWNERSHIP. THE SEP UH, WOULD BE TIED TO THE PROPERTY. SO THE UM, THE PROPERTY OWNER WOULD HAVE THE OPTION TO, UH, LIKE LIKE CASE WE HAD NOT TOO LONG AGO ON SAN PEDRO AVENUE. UH, TO REMOVE THE SEP. WHICH IS ON THE. WE WOULD HAVE TO RESEND IT IF YOU SUP IF THAT HAPPENED, OR YEAH, GO AHEAD, COMMISSIONER. THANK YOU. UM DO WE KNOW IF THE FOUR OTHER PROPERTIES THAT ARE LEGAL IF THEY'RE OWNED BY, UM LLC OR INDIVIDUALS OR BUSINESSES, IN MY KNOWLEDGE ARE INDIVIDUALS. THANK YOU. I TH I THINK, IN THIS INSTANCE THE, UH THE LLC IS, UH, SPEARHEADED BY THE, UH THE APPLICANT. UM BUT AGAIN, THAT WILL BE A GOOD QUESTION FOR THE APPLICANT AND ONE THAT IS NEEDS TO BE ASKED AND NEEDS TO BE ANSWERED. FOR THE RECORD. ANY OTHER QUESTIONS. COMMISSIONERS. BEEN GOOD. ON. UH NOT WITHIN.NOT WITHIN 200. FT, OR, UM AND I THE IMMEDIATE AREA NOW. ANY OTHER QUESTIONS. MR WARREN. I HAVE A QUESTION. UH, THE SHORT TERM RENTALS THAT WE DO HAVE HERE IN DUNCANVILLE AS FAR AS THEIR, UM RECORD. FOR SAFETY TRAFFIC, AND, UH UH, MAKING SURE THAT THE, UH SHORT TERM TRANSITIONAL PEOPLE WHO ARE MOVING IN AND OUT OF THE NEIGHBORHOOD ARE NOT CAUSING ANY OTHER SAFETY CONCERNS. UM, HOW ARE WE LOOKING WITH THAT IN DUNCANVILLE? I'VE NEVER BEEN APPROACHED WITH THE, UH UN UN F ON, UH. THE UNCOMFORTABLE TASK OF REMOVING SEP FOR A SHORT TERM RENTAL. THAT'S NOT SOMETHING THAT I'VE HAD TO DO. WE HAVEN'T RESCINDED ANYTHING HERE RECENTLY. SUP WAYS ON ONE, THE ONE I JUST PEDRO. YEAH BECAUSE THE APPLICANT INTENDED TO OPERATE AS AN SEP WENT THROUGH THE WHOLE PROCESS. AND THEN, UH, ENDED UP HAVING A TRADITIONAL.
UH, RENZO, UH, UM IN IT. AT THE UM AT THE PROPERTY. SO THAT'S KIND OF THE SPECIAL CASE THEY AND AN OUTLIER. REALLY? YEAH, BUT I TH I THINK MY ONLY CONCERN IS WARREN WOULD BE THE TRANSFER OWNERSHIP. WE CAN'T STOP PEOPLE FROM TRANSFERRING OWNERSHIP OF PROPERTIES FROM ONE TO ANOTHER.
BUT IT'S I. I KNOW IT'S A LEGALITY ISSUE OF PROVEN AN SUP ON A SPECIFIC PROPERTY, AND THEN
[00:35:04]
SOMEONE TRANSFERS OWNERSHIP TO SOMEONE ELSE AND SOMEONE ELSE AND SO ON. THIS THING KEEPS GOING ON AND ON AND ON AND ON AND ON. AND I. I THINK THAT WAS JUST SOMETHING THAT KIND OF TRIGGERED. THAT I HAD NOTICED IN THE PAST COUPLE OF YEARS UNTIL WE HAVE STARTED HAVING THIS DISCUSSION HERE EARLIER. SO UH, I THINK WE CAN ADDRESS THAT WITH THE APPLICANT. IF THE APPLICANT IS HERE ONCE WE GET THERE'S ALSO THE, UH, THE FACTOR OF, UH, PERIODIC AND, UH, INSPECTION.THAT HAS TO BE APPLIED FOR, UH, PAID OR AND COMPLETED. IS IT A YEARLY I? I BELIEVE IT'S EITHER ANNUALLY OR TWO YEAR EVERY TWO YEARS. AND MAYBE I THINK IT'S EVERY TWO YEARS IF IT'S UH, THE SAME OWNER. IF THERE'S A CHANGE OF OWNERSHIP, I THINK IT'S INITIAL AND THEN. THERE'S A BUILT IN OFFICIAL WILL DO THAT INSPECTION OR IS IT CODE ENFORCEMENT? OR IS THE IS THE OFFICE OF BUILDING INSPECTIONS? OK, THANK YOU. UM, WHO IS RESPONSIBLE FOR MAKING SURE THAT THE OCCUPANTS ARE STAYING WITHIN THAT GUIDED PERIOD OF 1 TO 30 DAYS? UM. SO. THE AIR AIRBNB, UM AND BURBO LISTINGS. ARE FOR, UH, TYPICALLY 1 TO 30 DAYS. UM I GUESS THE POLICING WE WERE NOT MONITORING. THE UH I GUESS IT'S THE IN THE ANNUAL REPORT. THAT'S WHERE THAT'S TURNED OVER. UH, THAT STATES, THE OH, THE GUEST AND THE NOT THE NUMBER OF NIGHTS THE UNIT WAS RENTED. UM SO IT'S IN, THE ANNUAL REPORT. OK, WELL, THAT KIND OF CONCERNS ME A LITTLE BECAUSE IT'S IN THE ANNUAL REPORT. THAT IS, UH, KEPT BY THE OWNER. AND AS FAR AS THE CITY IS CONCERNED, UM, MAKING SURE THAT ANNUAL REPORT IS CORRECT AND LEGITIMATE. UH, YOU JUST TALKED ABOUT. YOU HAD TO RESCIND ONE BECAUSE THEY WERE RENTING LONG TERM. AND SO I WANNA CLARIFY THAT WE DIDN'T RESCIND IT BECAUSE THEY WERE RENTING LONG TERM. UH, THEY, UH THEY NO LONGER WERE OPERATING AS A SHORT TERM RENTAL. BECAUSE IT WAS A, UH MORE TRADITIONAL SITUATION WHERE IT'S A LONG TERM RENT RENTER. UM SO IT WASN'T RESCINDED OR OR BECAUSE OF ANY, UH UH, BAD. A BAD ACTING IS, UH, JUST A CHANGE OF USE. BUT IT WAS THAT THE SEPS IS A, UM IT. WE'RE UH, MAINTAINING A ACT OF MAINTENANCE OF THE ZONING MAP RATHER THAN A, UM, AN ACTION AGAINST THE PROPERTY OWNER.
WELL, MY. QUESTION STILL, IT'S KIND OF UP IN THE AIR ABOUT YOU KNOW, MAKING SURE THAT WHAT WE'RE READING OR WE'RE BUYING INTO IS ACTUALLY WHAT'S GOING ON WITH THAT 1 TO 30 DAY, UH, DOCUMENT THAT AND THEN WHAT THE CITY HAS IN PLACE AS FAR AS THE ZONING OFFICER, OR IS IT BEING UM, IS IT BEING ASSESSED? ONCE THEY REGISTER WITH, UH, CITY OF DUNCANVILLE THAT THEY HAVE X AMOUNT OF PEOPLE STAYING X AMOUNT OF TIMES BECAUSE THEY HAVE TO SIGN A CONTRACT, SAYING HOW LONG THAT PERSON IS GONNA BE STAYING RIGHT? AND THOSE ARE, UH, TYPICALLY UM UH, CATALOGED OR, UH, KEPT LOGGED. UH, BY THE UM, BROKER. BEING AIRBNB OR VERB . IT'S NOT A IT'S NOT A EXPELS, EXCEL STRATE SPREADSHEET THAT THE OWNERS INPUT AND FUDGING THE NUMBERS. IT'S UM, DOCUMENT THAT THE OFFICIAL DOCUMENTATION. I THINK I MAY BE ABLE TO HELP POLICE. SO IF IT'S A TRADITIONAL . RENTAL AS DEFINED AS MORE OR LONG TERM RENTAL IS DEFINED AS MORE THAN 30 DAYS. IS THERE A FEE TO THE HOMEOWNER OR THE TENANT THAT THEY PAY TO THE CITY? UM THERE'S A. THERE'S A REGIS. THERE'S A RENTAL REGISTRATION PROCESS IS THE FEES IS IT IN THE HOMEOWNER'S BEST INTEREST IF THEY'RE NOT RUNNING? IS THERE? A, UM IF THEY'RE NOT RUNNING A SHORT TERM RENTAL. IS IT IN THEIR BEST INTEREST TO CONTINUE TO SAY YES, I'M RUNNING ONE BECAUSE THE FEES ARE CHEAPER OR IT'S LESS. HOW HASSLE OR IS IT IN THEIR BENEFIT TO REPORT? I'M NO LONGER RUNNING AS A SHORT TERM RENTAL, CORRECT BECAUSE THE, UH, GOING TO THE SEP PROCESS IS FAR MORE RIGOROUS.
IT'S MORE EXPENSIVE. UM YOU'RE UNDER A MICROSCOPE. AND SO YOU YOU GET TO THE PRO UNTIL YOU GET
[00:40:05]
APPROVAL. UM TRADITIONAL RENTAL. IT'S PERMITTED BY RIGHT. IT'S A IT'S A YOU DON'T HAVE TO GO BEFORE CITY COUNCIL TO RENT YOUR RENTS A PROPERTY. UH, AS A LANDLORD. UM, BUT FOR A SHORT TERM RENTAL YOU DO. SO MY THOUGHT WAS IT WOULD BE IN THE HOMEOWNER WOULD. LIKELY POLICE THEMSELVES BECAUSE IT'S AN EASIER PROCESS IF THEY'RE DOING THE LONG TERM RENTAL AS OPPOSED TO THE SHORT TERM. I SUPPOSE SO, YES. PLEASE.CORRECT SO WE WOULD JUST JUST LIKE WE DID ON, UM 502 SOUTH OR NOT SOUTH SAN PEDRO AVENUE. WE WOULD, UM. WE WOULD MAINTAIN THE ZONING ORDINANCE ACCURACY. TO REFLECT THE, UH REALITY OF THE LAND USE. SO IF THERE IS A SHORT TERM RENTAL, UH, SEP, AND THERE'S NO LONGER OPERATING AS A SHORT TERM RENTAL. UM THEN. THAT'S THE OPPORTUNITY TO RESCIND THE SP ON THE PROPERTY.
ANY OTHER QUESTIONS FOR MR WARREN. YOU'RE NOT HEARING IT. LET'S LET'S HEAR FROM, UH, ANYONE IN FAVOR OF OPPOSITION TO THEIR HOUSE. WE HAVE ANYONE IN FAVOUR OR IN? A OPPOSITION TO, UH CASE NUMBER. FIVE. OR WOULD YOU STATE YOUR NAME ADDRESS? YOU YOU COULD STEP UP TO THE PODIUM.
I APOLOGISE. I SHOULD HAVE WAITED TILL YOU GET TO THE PODIUM. THAT'S THAT'S FINE.
ROBERT BROWN. I'M THE OWNER. I KNOW THERE'S A LOT OF QUESTIONS, BUT I HAVE ANSWERS.
COMMISSIONERS. WE HAVE THE APPLICANT, MISTER BROWN. THANK YOU SO MUCH. I. I BELIEVE, THOUGH, THERE WAS A REQUEST FOR A NAME AND ADDRESS. YES. MY ADDRESS IS 616 CRESTS SIDE DRIVE. FOR ELLIS OAK. COURT WAX IN TEXAS. THAT'S MY PHYSICAL ADDRESS. MY HOME ADDRESS. THANK YOU, MR W. I KNOW YOU HEARD PART OF MY QUESTION EARLIER. UM THE ORDINANCE SAYS THAT THESE USERS OR CONDUCTED BY HOMEOWNER OR TENANT, BUT NOT BY A HOTEL OR OTHER BUSINESS BEING THAT THE PROPERTY IS OWNED BY AN LLC. UM COULD YOU EXPLAIN HOW THIS QUALIFIES AS BEING. NOT OPERATED BY A BUSINESS. THE ONLY REASON WHY I MADE IT AT LLC IS BECAUSE IT NOT ONLY TAX PURPOSES IS FOR MY IS FOR MY OWN PROTECTION AS FAR AS THE HOUSE IS CONCERNED. SORRY. OOPS. CAN YOU HEAR ME? YES IT IS FOR IS FOR A LAYER OF PROTECTION. SO IF SOMETHING WAS TO HAPPEN. WE COULD DEAL WITH IT A DIFFERENT WAY. IT'S JUST IT'S JUST A LEGAL MATTERS. SOMETIMES PEOPLE TRIP ON THE SIDEWALK AND THEY DECIDE TO SUE. THEY CAN SUE MY COMPANY. AND I'LL BE THERE TO REPRESENT. SO IT SOUNDS LIKE.
YOU'RE GETTING SOME OF THE BENEFITS OF BEING A BUSINESS. AS EVEN A HOMEOWNER. I STILL GET THE BENEFITS OF A BUSINESS. BECAUSE EVEN IF I RENTED IT LONG TERM I WOULD GET THE SAME BENEFITS. BECAUSE IT IT IT'S THE SAME PURPOSE. BUT IN THE IN THIS INSTANCE FOR THE SHORT TERM RENTAL YOU. THE REQUEST IS FOR US TO RECOGNIZE YOU AS A HOMEOWNER RATHER THAN A BUSINESS TO INS TO ISSUE THE SPECIAL USE PERMIT. I'LL DEFINITELY THE HOMEOWNER. YEAH I'M ON IT. I WOULDN'T. I WOULDN'T STAND HERE AS A BUSINESS AND REPRESENT IT AS A BUSINESS. I AM THE HOMEOWNER. I TAKE FULL RESPONSIBILITY. SO, UM. I RAN A SHORT TERM RENTAL PROPERTY MANAGEMENT COMPANY. YEAH. AND SO I UNDERSTAND. HAVING MY NAME AS THE PROPERTY OWNER. AND HOW YOU CAN SCALE THAT. YES THAT IS MY CONCERN. IT'S STILL IT'S STILL OUR HOUSE. SO WE HAVE THE RIGHT TO LET WHOEVER STAY THERE OR NOT STAY THERE, SO WE WON'T WE? WE DON'T ALLOW PARTIES. WE DON'T ALLOW LIKE ANY KIND OF FUNCTIONS LIKE THAT IS FOR PEOPLE THAT GUESS THAT ONE OF YOU TO GO TO
[00:45:06]
LIKE. IMPORTANT EVENTS OR THEY WANNA GO. SO A CHURCH EVENT THAT'S LOCAL OR CLOSE BY LIKE, UM, FRIENDSHIP WEST WAS HAVING AN EVENT. PEOPLE LIKE THAT WOULD WANT TO STAY THERE. YOU KNOW.NORMALLY WE DEAL WITH THE CHURCHES WE DEALT. WE DEALT WITH A LOT OF PEOPLE THAT UPSTANDING WE DON'T TRY TO PUT ANYBODY IN THE HOUSE. WE SCREEN THEM AHEAD OF TIME. SO IF THEY HAVE A GOOD IF THEY HAVE A GOOD RECOMMENDATION FROM AIR BNB, THEN THEY COULD MAKE IT THROUGH OUR DOORS. IF THEY DON'T, THEN WE DON'T BECAUSE WE WOULD GET WE WOULD GET THE SAME CRITICISM TOO. LIKE THEY WOULD THEY WOULD BE ABLE TO TELL THE WHOLE WORLD HOW THEY FELT ABOUT OUR HOUSE, YOU KNOW? SO SAME HERE. UH, REVIEW OF ONE STAR DOES NOT BODE WELL FOR YOU IF YOU GET ONE STAR KILLS YOU. UNDERSTOOD? THANK YOU. YES, MA'AM. WELL, WE HAVE CAMERAS. I HAVE A CAMERA AT THE FRONT AND AT THE REAR. ONLY PUT RING CAMERAS BECAUSE IT CAN CATCH ANY ACTIVITY AND IT NOTIFIES US IMMEDIATELY. SO IF SOMEBODY'S DOING SOMETHING, WE GET NOTIFIED PRETTY QUICK AND I COULD RESPOND PRETTY QUICKLY. I COULD CALL TO CALL THE POLICE. ONE WAY OR ANOTHER. WE'RE GONNA RESPOND. I'M NOT JUST GONNA LET PEOPLE DO ANYTHING AT MY HOUSE BECAUSE AGAIN, IT'S MY HOUSE IS AN INVESTMENT. I DON'T LIKE SEEING MY STUFF TORN DOWN OR MISUSE MISHANDLED. HONESTLY.
SIR. DO YOU HAVE ANY OTHER PROPERTIES IN DUNCANVILLE? YEAH ON 616 CRESTS SIDE DRIVE. THAT'S MY SHOP. WELL, I'LL BE RIGHT DOWN THE SOUTH RIGHT DOWN THE STREET FROM MOORE'S. I DEAL WITH MOORES A LOT. I'M A CONTRACTOR. SO I'M ELECTRICAL CONTRACTOR. WE DO BRICKS AND STRA GENERATORS.
SO, YEAH, WE DEAL WITH A LOT OF ELECTRICAL. A LOT OF PLUMBING. A LOT OF HOUSES WE BUILD FROM THE GROUND UP. SO I MEAN, IT IS WHAT IT IS AT THE END OF THE DAY. I'M FULL GROWTH INSIDE THE METROPLEX AS WELL AS STABILITY. I DON'T WANNA SEE I DON'T WANNA SEE DUNCANVILLE NOT BEING ABLE TO SUSTAIN I'D RATHER BE INSIDE DANVILLE, HELPING IT SUSTAIN. I HAD A LOT OF PEOPLE THAT'S LOCAL. I TAKE A LOT OF A LOT OF FAMILIES. INSIDE OF DUNVILLE AND ALL AROUND THE METROPLEX. YES, SIR. THANK YOU. COMMISSIONERS. ANY QUESTIONS? YES, I HAVE A QUESTION. YES, I OK, MR. BROWN YOU YOU'RE APPLYING AND YOU'RE REPRESENTING NATURAL HOUSING LIMITED LIABILITY CORPORATION.
HOW MANY OTHER PEOPLE ARE A PART OF THIS CORPORATION? IT'S ONLY ME AND MY WIFE. NO ONE ELSE.
THIS IS ME AND THAT WOMAN YOU SEE BACK THERE? MY BOSS. IT'S JUST US. YEAH. AND I WAS ON A THAT WAS ON A REFERRAL FROM AN ATTORNEY WHEN WE CAUSE WE FLIP PROPERTIES SO HE'S LIKE, IN ORDER FOR YOU TO PROTECT YOURSELF. YOU GOTTA PUT THESE PROPERTIES UNDER LLC IN ORDER FOR IT TO IN ORDER FOR IT TO PROTECT YOU. SO WE JUST FOLLOWED DIRECTION FROM AN ATTORNEY WHEN WE DID THAT. AND IN THIS PARTICULAR INSTANCE BECAUSE OF THE WAY DUNCANVILLE ORDINANCE READS. I THINK IT'S ACTUALLY MORE OF A HINDRANCE. AND SO I'M JUST SHARING MY OPINION FROM THE STANDPOINT OF THE WAY THE ORDINANCE READS. IT'S SOUNDS LIKE THE CITY TRUST HOMEOWNERS.
TO TAKE CARE OF THE PROPERTY AND TAKE CARE OF THE NEIGHBORHOOD AND CARE ABOUT THE NEIGHBORHOOD MORE THAN THEY DO BUSINESSES. AND THAT PROTECTION AND THAT THAT GAP THAT IT GIVES YOU AS A BUSINESS IS SEEN AS A RISK. BASED ON HOW THEY THEY'VE WROTE IT. SO. SO IN THIS PARTICULAR INSTANCE IT SOUNDS LIKE THE REQUEST IS I WANT THE PROTECTION. OF BEING A BUSINESS.
AND THEN I ALSO WANT YOU TO LOOK AT ME AS A HOMEOWNER. WHOSE VESTED INTO THE COMMUNITY I AM INVESTED IN THE COMMUNITY, AND I AM I'M STABLE IN THE COMMUNITY I'VE BEEN IN. I'VE BEEN IN DUNVILLE SINCE 1995. MY BUSINESS HAS BEEN RUNNING AND OPERATING SINCE THEN. MY COMPANY'S CALLED RELIABLE RESOURCES. RELIABLE HANDYMAN AIN'T BUT DB A RELIABLE RESOURCES. WE'VE BEEN ESTABLISHED BACK THEN, AND IT'S HARD FOR A BUSINESS, ESPECIALLY A BLACK OWNED BUSINESS TO SURVIVE EVEN TWO YEARS. SO FOR ME TO STAND HERE IN FRONT OF YOU AND BE HERE AFTER ALL THESE
[00:50:02]
YEARS, I'M MORE THAN INVESTED IN KEEPING UP MY PROPERTIES. ANYTHING GOES WRONG. ANY SMALL LITTLE DETAIL? PLUMBING? WHATEVER. I'M THERE, I'M FIXING IT. THE SAME WAY I TREAT MY CLIENTS. I DON'T LEAVE THEM FESTERING STANDING THERE WAITING OR NOT EVEN KNOWING WHEN WE'RE SHOWING UP. NO, THEY GET TEXT. THEY KNOW WHEN WE'RE COMING. THEY SEE US EN ROUTE, SO I MEAN IT. AT THE END OF THE DAY. I'M MORE THAN JUST THE OWNER. YEAH, I'M A BUSINESS, BUT I RESPECT EVERY OWNER. INCLUDING MY OWN STUFF. I GOTTA TREAT IT LIKE THAT. I DON'T I DON'T WANT NOBODY GOING IN TREATING IT. OPPOSITE OF WHAT I WOULD. SO THAT'S WHY WE KIND OF SCREEN THEM PRETTY CLOSE. I DON'T I DON'T WANT JUST ANYBODY GOING UP IN MY HOUSE, TO BE HONEST WITH YOU. WHAT IS YOUR SCREENING PROCESS? OK ONCE ONCE WE'RE NOTIFIED AND. WE HAVE OTHER PROPERTIES AND OTHER PLACES. BUT ONCE WE'RE NOTIFIED, WE WOULD ACTUALLY CHECK WITH AIRBNB SEE HOW MANY HOW MANY NIGHTS OR HOW MANY YEARS OR HOW MANY TIMES THEY STAYED IN AIR BN BS AND WHAT THEIR TRACK RECORD IS WHAT THEIR HISTORY IS, IF THEY HAVE ANY COMPLAINTS AND WE NEED TO KNOW IF THEY EVEN HAD PARTIES OR ANYTHING LIKE THAT. WE ASK PEOPLE. WHAT ARE YOU GONNA BE HERE FOR? WE ASK HIM. WHAT ARE YOU DOING WHILE YOU'RE HERE? IF WE DON'T ASK THESE QUESTIONS, WE REALLY MAKE A LOT OF COURSE, LIKE A LOT TO US. BUT WITH THE CAMERAS WE GOT IN PLACE. THEY CAN'T LIE TOO LONG. BECAUSE IF THEY START DOING STUFF THAT WE KNOW IS INAPPROPRIATE, WE'RE GONNA SHUT THEM DOWN. AND AIRBNB GIVES US THE RIGHT TO REMOVE THEM OUT OF OUR PROPERTY. THEY CAN'T STAY IF WE SAY GO, THEY GOTTA GO. IT'S STILL OUR PROPERTY. ANY OTHER QUESTIONS.THANK YOU, SIR. NO PROBLEM. WE HAVE ANYONE ELSE WHO WOULD LIKE TO SPEAK IN FAVOR OF OR AGAINST? SAYING NO HEARING NONE. WE MAKE A MOTION. CLOSE. TAKE A BOAT. AY, EVERYBODY SAY A. SO WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING AND TO VOTE AS WELL. IS THERE ANY DISCUSSION AMONGST THE COMMISSIONERS? YEAH, I THINK WE NEED TO I HAVE, UH, MOTION FOR DISCUSSION OR POOL OF THIS CASE, ANY RECOMMENDATIONS? I'M TORN. I BELIEVE IN, UM WHAT ROBERT MR ROBERT BROWN. SHARED AND HIS COMMITMENT TO THE COMMUNITY. AND HOW HE'S TAKEN CARE OF HIS BUSINESS AND HOW HE WILL TAKE CARE OF HIS PROPERTY. AND YET WHEN I READ THE DEFINITION. BASED ON WHAT I'M READING. HE DOESN'T QUALIFY FOR SUP BECAUSE HE'S IN BUSINESS. AND SO THAT'S WHERE I'M AT. IF ANY COMMISSIONER HAS COMMENTS OR QUESTIONS. WELL. I THINK. MY INTERPRETATION OF THIS GENTLEMAN'S PETITION FOR AN SUP. I THINK WHAT HE WAS TRYING TO EXPLAIN THAT HE CREATED THE LLC IN ORDER TO PROTECT THEMSELVES FROM A LIABILITY STANDPOINT. I MEAN, I. I PERSONALLY DONE IT MYSELF, NOT NOT ON PROPERTY, BUT CREATED AN LLC ON RECOMMENDATIONS OF ATTORNEYS AND IT SOUNDS LIKE THAT'S WHAT HAPPENED TO MR BROWN, UH, BECAUSE HE'S GOT MULTIPLE LOCATIONS. AND BASED UPON THAT PEOPLE FALL, PEOPLE SUE AND THAT CREATES A WINDOW OF OPPORTUNITY FOR SOMEONE. AND I ALSO LOOKED AT THAT. AND THAT WAS ALSO A QUESTION IN MY MIND WHEN I LOOKED AT IT LIKE, WELL, WHY WOULDN'T MR BROWN PROCEED WITH HIM BEING THE APPLICANT AND THE OWNER. HE IS THE OWNER. I MEAN, QUITE HONESTLY, I JUST LOOKED ON. DECA D WELL, WELL, WE WAS HE WAS SPEAKING. AND. YOU KNOW, I, I WOULD BE IN FAVOR AND GRANTING MR BROWN BASED UPON THAT INFORMATION THAT I HAVE AND THAT WE HAVE AVAILABLE TO US. AND HIS SINCERITY IN APPROACHING US WITH HIS APPLICATION AND HIS EXPLANATION OF WHY HE'S MOVING IN THAT DIRECTION. UH, IS SOMETHING TO CONSIDER. I BELIEVE . AND I'M SURE HE DID THAT FOR, UH, LI LIABILITY REASONS, TOO, BECAUSE I'M INSURANCE, TOO, IS VERY HIGH. EVEN THOUGH HOMEOWNERS INSURANCE WILL COVER
[00:55:01]
US. ON CERTAIN THINGS, AND, UH, I DON'T KNOW HOW HE FOLLOWS TAXES. I HAD NO CLUE HOW HE HANDLES THOSE THINGS, BUT THAT'S SOMETHING THAT CAN TAKE CONSIDERATION. SO I THOUGHT MY THOUGHT IS HE FILED. OR HE CREATED THE LLC. FOR THE PROTECTION. THAT COMES FOR BEING A BUSINESS. AND SO EITHER YOU'RE A BUSINESS OR YOU'RE NOT A BUSINESS. SO IF YOU CREATED THE LLC FOR THE PROTECTION OF BEING A BUSINESS, THEN YOU'RE A BUSINESS AND BASED ON HOW THE REGULATION IS WRITTEN YOU. DO NOT QUALIFY TO OPERATE IT AS A AND IF I IF I MAY JUST GOING BACK TO THE, UH, ORDINANCE NUMBER UH, 2419 THAT, UH, ESTABLISHES. UH SHORT TERM RENTAL. THE AND THE DEFINITION SECTION WHEN, WHEN DEFINING OWNER AND PERSON PERSON MEANS AN INDIVIDUAL CORPORATION BUSINESS TRUST ESTATE TRUST. PER PER, UH, PARTNERSHIP OR ASSOCIATION. TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST OR ANY OTHER LEGAL, UH OR COMMUNITY IN ENTITY . SO I WANT TO BE CLEAR THAT, UH, JUST FROM STAFFS, UH. WORDSWORTH THAT A, UH THAT A BUSINESS IS, UH AND THERE'S A DIFFERENCE BETWEEN A BUSINESS, BUT A PERSON IN THIS DEFINITE IN THE ORDINANCE. UH, CAN BE A CORPORATION. THANK YOU, MISTER HORRY. APPRECIATE THAT BECAUSE THAT CLEARS UP A LOT FOR ME. BECAUSE IF HE IS A CORPORATION, AND THEY ARE A CORPORATION, AND USUALLY CORPORATIONS THAT ARE BUSINESSES ARE REGISTERED AND HAVE SOME TYPE OF NP I OR IEN NUMBER THAT IDENTIFIES THEM AS A BUSINESS. SO WHEN THEY'RE DOING THEIR TAX WITH THAT, LLC THEY CAN FILE UNDER THAT IP N OR EIN NUMBER. UH, BECAUSE THAT QUALIFIES YOU AS A BUSINESS, BUT WITH THAT BEING SAID THAT THAT DOES FALL UNDER THAT HEADING. IT MAKES A DIFFERENCE FOR ME NOW BECAUSE UNTIL YOU SAID THAT IT DIDN'T WELL, I. OH I'M LIKE YOU. I HAVE AN LLC. AND UM, EVEN THOUGH IT MAY BE CONSIDERED A BUSINESS I'VE BEEN TOLD THAT IT IS. YOU KNOW, IT IS LIKE THE QUOTE. IT IS A BUSINESS BUT NOT NORMALLY WHAT IS CONSIDERED A BUSINESS WHEN I SAW THAT WHEN IT SAID NOT A HOTEL OR OTHER BUSINESS THAT THAT PUT THAT IN AN ENTIRELY DIFFERENT SORT OF GENRE, BECAUSE TO COMPARE IT TO A HOTEL, WHICH WE KNOW CAN BE HUGE AND LARGE AND MULTIFACTORAL AND THEN SAY BUSINESS WOULD MEAN FOR ME THAT THERE WAS ALSO A VERY LARGE, UH, CORPORATION. NOT ONE OR TWO PEOPLE AND THE ONLY ISSUE HERE. IS THAT WE CAN HAVE WE'VE HAD. YOU KNOW, WE HAVE PEOPLE COME AND THEY WANT TO HAVE AN SUP FOR SHORT TERM RENTAL, BUT THEY CAN COME AND SAY MY NAME IS JAMES BROWN. AND I WANT TO RENT THIS HOUSE BUT STILL HAVE A, UM, A BA A REAL BUSINESS AND THEN WE DON'T KNOW THAT BECAUSE WE THERE ARE APPROACHING US AS THE AS THE PERSON WHO ACTUALLY OWNS THAT PROPERTY. AND SO, UM, IT THE FACT THAT HE HAS THE EXPANDED DEFINITION IS GOOD, BUT IT ALSO MIGHT BE BE APPROPRIATE TO MAYBE EVEN HAVE SOMETHING THAT LISTS THAT FA FA PERSON COMES BEFORE THE CITY COUNCIL PLANNING AND ZONING AND IT HAS AN LLC THAT HAS ONE OR TWO PEOPLE, AND THEY'RE TRYING NOT TO HAVE THE ALL THAT EXTRA LIABILITY THAT COMES WHEN YOU ARE TRYING TO, LIKE, SAVE ON YOUR TAXES THAT IT MIGHT ACTUALLY BE SPECIFICALLY SAID IN THERE AND JUST AS A FOLLOW UP, I HAVE A NUMBER OF L LLC S, SO I UNDERSTAND BEING A DISREGARDED ENTITY FOR TAX PURPOSES AND WHY PEOPLE SET IT UP. UM, SET IT UP IN THE BENEFITS OF THAT. UM THE DIFFERENCE. THE DIFFERENCE FOR ME NOW IS HOW THE DEFINITION IS LISTED AS A PERSON FOR THE CITY. UM THE OTHER PART OF THAT, THOUGH, IS TODAY THERE ARE ONE OR TWO. TOMORROW. THEY COULD BE 50. WE DON'T KNOW. WELL I THINK ONE OF THE CONCERNS IS JUST WHAT IT'S NOT EVEN A CONCERN. IT'S MORE OF A COMMENT AND THE APPLICANT CAME TO STAFF WITH AN APPLICATION AND IT'S LISTED AS I'M ASSUMING THAT'S ROBERT BROWN IS THE APPLICANT. ON THE APPLICATION. SO HIS NAME. HIS NAME APPEARS AT SOME POINT AS PART OF THE PUBLIC RECORD ON HIS[01:00:08]
DOCUMENTS, AND HE SUBMITTED FOR A PETITION FOR AN SUP. UH I THINK, MISS, UH ROMERO HAS THAT APPLICATION. SO. YOU KNOW, KIND OF NOT VERY CONCERNED WITH METRO HOUSING. I UNDERSTAND MY COLLEAGUES IS CONCERNED, BUT I THINK IT ALL GOES BACK TO THE INITIAL APP APPLICATION THAT WAS SUBMITTED TO STAFF TO THE JURISDICTION. REVIEW WHICH SPECIFICALLY STATES HIM AS THE APPLICANT. OWNER BUT AND WE'RE SHOWING HE'S REPRESENTING METRO HOUSING. LLC BUT THE DIFFERENCE IS THAT THE PROPERTY ON D CD IS OWNED BY METRO HOUSING. SO IF THE CITY HAS A CONCERN IF THEY IF THERE NEEDS TO BE A FINE A TICKET. IT'S NOT GOING TO ROBERT BROWN IF THERE NEEDS TO BE AND YOU KNOW, I DON'T WANNA. SAY THIS IS GONNA HAPPEN. BUT IF THERE'S SOMETHING THAT HAPPENS, THE SAME, UM DISTANCE THAT HE HAS FROM LIABILITY FOR HIS BUSINESS. IF SOMEONE TRIPS ON THE SIDEWALK IS THE SAME DISTANCE HE WILL HAVE FROM THE CITY BECAUSE HE'S AN LLC, AS OPPOSED TO CURRENTLY OUR FOUR OTHER LEGAL UM AIRBNB PROPERTIES, WHICH I BELIEVE ARE OWNED BY PEOPLE. AND SO THAT WAS MY CONCERN. BEING THAT THE CITY HAS DEFINED A PERSON AS AN INCLUSIVE DEFINITION FOR AN LLC IS A, UH AS A PERSON. I'M LESS CONCERNED NOW. BASED ON WHAT'S ON THE BOOKS, BUT THAT'S WHERE MY THOUGHT WAS. YES, MA'AM. SO IF A NOTICE OF VIOLATION WAS ISSUED, OR PROPOSE GONNA BE ISSUED. I THINK IT WOULD BE ISSUED TO THE LEGAL REPRESENTATIVE OF THAT LLC OR THE APPLICANT OR THAT PERSON THAT'S ON PROPERTY. I MEAN, I'VE SEEN IT HAPPEN OUT IN OTHER JURISDICTIONS WHERE CODE ENFORCEMENT SHOWS UP ON SOME OF THESE, UH, TEMPORARY. HOUSES THAT THEY USE FOR AIRBNBS AND WHOEVER THEY WHOEVER IS THERE IS GONNA GET A TICKET, YOU KNOW, CODED FOR SHOWS UP WITH WITH ENFORCEMENT CITY ATTORNEY AND THE MARSHAL. WHOEVER'S THERE AT THAT LOCATION IS GONNA GET A TICKET. SO UH, I UNDERSTAND MY COLLEAGUE'S CONCERN. UH, JUST UH, I THINK THAT IT KIND OF HELPS MEDIATE PROVIDE SOME RELIEF TO ME. AND, UH, IS THE FACT THAT UH, THE APPLICANT HAS MADE A VALID EFFORT TO COME UP AND PLEAD HIS CASE IN THE FACT THAT HE OWNS ANOTHER BUSINESS HERE IN THE DUNCANVILLE AREA. UH YOU KNOW, SAYS A LOT FOR THIS PARTICULAR CASE. I THINK THAT YOU KNOW, WE SHOULD ALSO CONSIDER THAT UH, MOVING FORWARD . I UNDERSTAND. MY COLLEAGUES HAVE CONCERNS REGARDING, UH, WHO'S GONNA BE HELD ACCOUNTABLE AND YOU KNOW, METRO HOUSING. THE CITY HAS TOOLS AND ASSETS OUT THAT THEY EXERCISE IN ORDER TO ENFORCE THESE UH, VIOLATIONS AND I GUARANTEE YOU IF MR BROWN'S CREATING SOME VIOLATIONS AND SOME LAWS FROM SMOKE OUT THERE AT 235 GREENSTONE, SOMEBODY'S GONNA SHOW UP. YOU KNOW, WE'VE GOT A VERY EFFECTIVE POLICE FORCE AND CODE ENFORCEMENT. AND THE KIND OF EMBARRASSING BUT I EVEN HAD TO GO TO FORCE IT COME TO MY HOUSE. AND UH, SO YOU KNOW , WITH THAT BEING SAID, YOU KNOW, I. I THINK HE'S GOT A VALID CASE. I THINK THAT MR BROWN IS SENT SINCE HERE PERSON AND IT AND YOU KNOW HE WANTS TO MOVE FORWARD WITH THIS PARTICULAR, UH, ITEM. IS THERE ANY OF THE COMMENTS OR QUESTIONS REGARDING THIS? THERE AIN'T NO HEARING NONE. ENTERTAIN MOTION. A SECOND, A MOTION. ANYONE ELSE? YEAH. ALL IN FAVOR. ALREADY VOTE. I. OK? WE HAVE, UH FOR EYES AND ONE NOSE. MR BROWN. YOUR ITEMS HAVE BEEN APPROVED.[Items 6, 7 & 8]
[01:05:05]
RIGHT ON THE NEXT ITEM, MR WARREN, CAN WE ROLL SIX AND SEVEN TOGETHER BECAUSE THERE'S A RESCINDING THOSE TWO. WELL, I THINK THE THERE'S 30. SORRY. THREE. AND, UH, IF IT PLEASES THE COMMISSION. YES. SURE. SO THE NEXT THREE CASES ARE TO RES, UH, RESCIND THE EXISTING, UH, UM . I'LL. I'LL READ EACH ONE. HOW ABOUT THIS? UH, SO THE NEXT THREE ITEMS ARE TO RESCIND EXISTING SPECIFIC USE PERMITS. UH THE FIRST BEING, UH, ON PROPERTY 310 EAST REDBURN LANE, WHICH WAS PREVIOUSLY UH, CLASSIFIED AS RELIGIOUS INSTITUTION. UM, WHICH IN.MODERN C, UH, LANGUAGE WOULD BE A PLACE OF WORSHIP, WHICH IS PERMITTED BY RIGHTS. UM AND THE NEXT. UH CASE TO BE RESCINDED IS ON, UH, 928 SOUTH CEDAR RIDGE DRIVE, UH, WHICH IS PREVIOUSLY CATEGORIZED AS A COSMETOLOGY SCHOOL IN CEYLON, WHICH NEEDED AN SUP. UH TODAY THAT IS NOT ON AN LOR. IT IS APPROVED. UH BY OUR NOT APPROVE, RIGHT, BUT IS PERMITTED BY RIGHT AND, UH, THE FINAL OF THE THREE IS 1210 SOUTH MAIN STREET, WHICH IS A BARBER SCHOOL PREVIOUSLY, UH PREVIOUS LANGUAGE. NOW THE TERMINOLOGY WOULD BE SCHOOL BUSINESS, TRADE OR VOCATIONAL IN LOR IS PERMITTED BY RIGHTS. ALL THREE ITEMS ARE UNTIL OUR, UH RECOMMENDED BY STAFF FOR APPROVAL. THANK YOU. MAKE SURE THERE'S ANY QUESTIONS ON FOR MISTER WARREN ON ITEMS. 67 AND.
EIGHT KIND OF ROLLED ALL THESE THREE TOGETHER BECAUSE WE'RE JUST RESCINDING THOSE UNLESS SOMEONE HAS QUESTIONS ON WE CAN GO OUT AND BUY THEM. YOU HAVE A QUESTION? I WANT.
ASK IF THERE'S ANYBODY IN FAVOR OF OPPOSITION TO THESE REQUESTS. IS THERE ANYONE HERE TONIGHT? I FAVOR OR IN OPPOSITION TO ANY OF THESE REQUESTS. ITEMS NUMBER SIX. UH, ITEM NUMBER SEVEN AND ITEM NUMBER EIGHT. WE'LL TAKE ITEM NUMBER SIX FIRST. BEING DONE HERE. NONE. BUT NOW CLOSED.
THAT'S MY THAT'S, UH, WE NEED A MOTION TO CLOSE THE PUBLIC HEARING. GET IT. SECOND. WE HAVE 1ST AND 2ND MOTION CLOSE VOTE HEARING. THEY CLOSE. AYE. I SAW IT. ANY DISCUSSION. ANY DISCUSSION ON ITEM NUMBER 67 OR EIGHT. PERHAPS A MOTION. I THINK . SEE? SEE NO DISCUSSION. GO AHEAD. THAT WE HAVE 1ST AND 2ND TAKE A VOTE. AYE. YOU GUYS HAVE IT? YEAH. ITEM 67 AND EIGHT.
BEEN IMPROVED. WELL DONE. UM ON TO ITEM. UH, NUMBER NINE. THANK YOU. COMMISSION COMMISSIONERS.
[9. Continue Discussion pertaining to the five-year comprehensive plan.]
UH THE, UH, ITEM IS TO CONTINUE DISCUSSION PERTAINING TO THE FIVE YEAR CONFERENCE OF PLAN UPDATE. UH, THE DATA IS, UH PRETTY CUT AND DRY. WE ARE, UH, FINALIZING THE RFQ. TO SEND OUT TO, UH, CONSULTANTS. I'VE BEEN MEETING WITH THE CITY, OUR NEW CITY MANAGER, UH, DOUGLAS FINCH.HE IS, UH, VERY INTRIGUED. AND, UH, HAS SOME REALLY BIG IDEAS. UH, FOR DUNCANVILLE, UH, PARTICULARLY WITH PLANNING. HE DOES HAVE A PLANNING BACKGROUND. UH WHICH IS, UH, MAYBE PERHAPS A LITTLE INTIMIDATING, BUT ALSO THIS, UH, REASSURING AT THE SAME TIME. UM, THERE'S A BIT OF UM, I DON'T WANNA SAY DIVISION, BUT, UH. I ALSO DON'T WANT TO SAY FACTIONS, BUT THERE'S MANY DIFFERENT BOARDS AND COMMISSIONS THAT HAVE, UH, THE DESIRE TO HAVE, UH, A PLAN. UH A VISION WITH CONSULTANTS. BUT IF WE HAVE FIVE DIFFERENT BOARDS AND COMMISSIONS WITH FIVE DIFFERENT PLANS. IT'S NOT GONNA BE UNIFY THERE. AND WE DISJOINTED UH ALL FORWARD LEANING, BUT DISJOINTED.
UH SO REALLY, WE NEED TO HAVE, UH COLLABORATION AND A UNIFIED PLAN. SO WHEN WE'RE LOOKING AT OUR FIVE YEAR COMPREHENSIVE PLAN UPDATE, UH, WE NEED TO BE A COGNITIVE OF UH, THE DIFFERENT
[01:10:01]
DEPARTMENTS AND, UH, WITHIN THE STAFF AND ALSO THE DIFFERENT BOARDS AND COMMISSIONS AND THEIR AIMS AND ASPIRATIONS. SO THAT'S ONE THING THAT STAFF IS CONSIDERING, UH, WITH THE UM WITH THE, UH, LANGUAGE OF THE RFQ BEING THE REQUEST FOR QUALIFICATIONS FOR A COMPREHENSIVE PLAN UPDATE SENT OUT INTO, UH, THE UH, ETHER OF CONSULTANTS. SO ONCE THAT HAPPENS, WE WILL. WE WILL HAVE A UM, OPPORTUNITY TO REVIEW AND GRADE THE, UH THE INCOMING RFQS THE PROPOSALS. THEY'LL PREPARE A PACKET EACH OF THE CONSULTANTS AND THEN UM, WE'LL WE ORDER THIS . I ACTUALLY HAD THE PLEASURE OF SERVING ON THE, UH UH, FOR, UH, THE LAD PROPERTY IS DOING A MASTER PLAN. UH AND I WAS ABLE TO SEE THE RFQ PROCESS, SO THAT'S REALLY THE FIRST TIME I'VE BEEN INVOLVED IN RP PROCESS . UH, SO I FEEL LIKE I'M BETTER EQUIPPED NOW BEING THROUGH THAT PROCESS, UH AND BEING ABLE TO BE PART OF THAT, UH, A TEAM. SO UM, THAT'S THE UPDATE FOR, UH I BECOME A PLAN UPDATE. I'M OPTIMISTIC THAT, UH, AT THE NEXT MEETING WE WILL BE ABLE TO, UH HAVE THAT COMPLETED THAT RFQ COMPLETED SENT OUT AND HOPEFULLY EVEN, UH, ABLE. TO HAVE A SPECIAL MEETINGS WITH THE WITH THE SELECTED UM CONSULTING GROUP OR FIRM. AND HAVE A SPECIAL MEETING WITH THE UH, THE THIS, UM COMMISSION. OTHER COMMISSIONS, PERHAPS AS WELL.AND BEING ABLE TO, UM. EN ALL THE. OH, THE OPEN AND FAIR READINGS ACT BECAUSE IT IT'S THERE'S SPECIAL RULES WITH THE AND THERE'S A QUORUM OF ANY BODY OF MEMBERS. UM. SO THAT'S WHAT I THAT'S WHAT I'VE GOT FOR THE FIVE YEAR CONFERENCE OF PLAN UPDATE AND I'M HAPPY TO ANSWER QUESTIONS IF YOU HAVE ANY BECAUSE I STUMBLED THROUGH THAT THAT EXPLANATION OF WHERE WE'RE AT YES, MISS THOMPSON. RIGHT? YES SO, UM, THE TIME PERIOD WILL BE ONE OF THE THINGS THAT WE PUT INTO THE RFQ. IF YOU CAN DELIVER BY SIX MONTHS, THEN THAT MAY BE SOMETHING THAT WE LOOK AT. IF THEY SAY OH, SOMETHING US TWO YEARS TO COMPLETE THIS, UH, WE'RE PROBABLY NOT GONNA GET PICKED. THAT'S THAT'S YOU'RE GONNA GET A LOT OF SCORE. UH, SO HAVING A REAL ESTATE TIMELINE AND ACTUALLY BEING ABLE TO PRESENT A TIME ON THAT'S NOT ONLY REALISTIC BUT SOMETHING THAT HAS THE APPROPRIATE AMOUNT OF, UH ALLOCATION. FOR UH, PUBLIC INPUT. UH, INPUT FROM OUR BOARDS OF COMMISSIONS. INPUT FROM STAFF. UH AND THE EXPERIENCE THAT THEY'VE HAD IN THE PAST WITH SIMILAR CITIES, UM PLACES THAT WE ASPIRE TO BE LIKE, UM WHO WE REALLY WANNA BE AS A CITY IN THE FUTURE. I THINK THOSE ARE THINGS THAT WE WANT TO BE ABLE TO GRADE. UM AND, UH I MAY BE TROLLING OFF FROM YOU, THE ORIGIN OF YOUR QUESTION. BUT UH, TO ANSWER THE TIME FRAME. UH BY NEXT MEETING IN MARCH, I WOULD LIKE TO UH, IF NOT HAVE A, UM CONSULTANT SELECTED AT LEAST HAVE THE RFQ. UH, PROCESS BEING ABLE TO, UH BE AT A PLACE WHERE WE ARE SELECTING THE CONSULTANT.
R. REALISTICALLY IT IS FREEZING NICK NICKELS STILL INVOLVED IN 100% SO THAT IF, IF FREEZE NICKELS, UH, SAYS YES, WE HAVE THE RIGHT PRICE. WE HAVE THE EVERYTHING LOOKS GOOD. THEY WOULD PROBABLY GET A BETTER, UH, MAYBE A BIGGER BUMP BECAUSE THEY DID THE FIR. THEY DID THE INITIAL ONE THEY MAY HAVE. UH, AN ADVANTAGE. THEN LET'S JUST PICK IT. UH KIMBERLEY AND HORN, WHO DID NOT DO THE DO THE FIRST. UH UM THIS THING'S BEEN GOING ON FOR AT LEAST FOUR YEARS, AND I KNOW MY COLLEAGUES. SOME OF THEM MAYBE SERVED ON OTHER BOARDS, AND WE COME FROM DIFFERENT WALKS OF LIFE AND WE'RE COMING INTO AND THEN WE'RE TRYING TO CLOSE HIM. YOU'VE ONLY BEEN HERE ABOUT A YEAR AND A HALF, TWO YEARS, SOMETHING PRETTY CLOSE. IS THAT I THINK. THEY WOULD WANNA HAVE SOMETHING PUT IN IN AT LEAST LOOKING AT THE COMPREHENSIVE PLAN, WITH ALL DUE RESPECT AND CAUSE THEY'VE GOT OPINIONS AS WELL, TOO. I. I KNOW THERE WAS SOME THINGS THAT WE HAD DONE LIKE 34 YEARS AGO WHERE WE MET WITH THE COUNCIL, THE MAYOR UH, ECONOMIC DEVELOPMENT CITY ATTORNEY WE MET WITH THE ENTIRE STAFF OVER AT THE LIBRARY. I FORGET WHO WAS ANNETTE WAS THERE
[01:15:04]
I THINK, BUT I DON'T KNOW WHO WAS THERE OTHER THAN THE PLANNER AT THE TIME. BUT I THINK THAT WOULD HELP BE HELPFUL TO OUR COLLEAGUES AS A TEAM. TO KIND OF GET SOME SORT OF INSIGHT BECAUSE I KNOW THIS HAS BEEN GOING ON FOR A WHILE. WELL IN THE IN THE DRAFT THAT I'VE BEEN PREPARING, I ABSOLUTELY HAVE THE END OF THE TEXT OF ONE OF THE QUALIFICATIONS IS THAT THERE WILL BE A WORKSHOP WITH THIS WITH THIS COMMISSION. AND NOT JUST ONE WORKSHOP, BUT MULTIPLE WORK WORKSHOPS. UH, IN WHICH IF WE HAVE THE A QUORUM, IT WILL HAVE TO BE OPEN TO THE PUBLIC.WHICH IS WE'VE DONE IT IN THE PAST I'VE DONE IN THE PAST. THIS IS MY BACKGROUND WITH, UH UM, PREVIOUS WORK EXPERIENCE, HAVING, UH. I GUESS THIS IS JUST A STORY TIME. BUT, UH, I WAS, UH, WORKING FOR THE CITY OF DALLAS. MY SPECIALTY WAS AN AUTHORIZED HEARINGS AND, UH, CODE AMENDMENTS, SO AN AUTHORIZED HEARING IS A, UH, CO IS A ZONING CHANGE THAT'S INITIATED BY THE CITY PLANNING COMMISSION, WHICH IS SIMILAR TO OUR PLANNING AND ZONING COMMISSION OR A CITY COUNCIL AT LARGE. UH SO IT'S A ZONING CHANGE. IT'S BEING IMPOSED. ON A PROPERTY OWNER. THAT MAY NOT WANT IT. SO THERE'S A LOT OF NEGOTIATION AND PERSUASION AND, UH BACK AND FORTH IN A LOT OF STAKEHOLDERS AND INTERESTS, UH, BUTTING HEADS AGAINST EACH OTHER . UH SO IT'S I'M NO STRANGER TO, UM, THAT ENVIRONMENT AND I THINK THAT'S GONNA BE IMPORTANT TO HAVE PUBLIC AND COMMISSION AND STAKEHOLDERS AND DEVELOPERS AND EVERYBODY ELSE. SO WE HAVE WE HAVE THAT PLAN FOR THE CURRENT BOARD BECAUSE I KNOW THERE'S A LOT OF THESE CASES THAT I MEAN, YOU'RE JUST NOT HEARING, BUT THERE'S A LOT OF VERBIAGE AND LANGUAGE IN THAT COMPREHENSIVE PLAN THAT ADDRESSES A LOT OF THE QUESTIONS THAT WE ASK HERE AS FAR AS SHORT TERM RENTALS, LONG TERM RENTALS THE DEFINITION OF WHAT HAPPENS HERE. WHAT HAPPENS THERE? BECAUSE, I DID NOTICE THAT IN A COMPREHENSIVE PLAN THAT READING THROUGH IT, AND OVER THE PAST FOUR YEARS GOING OVER IT, UH YOU KNOW, I WAS LIKE, ARE WE EVER GONNA GET THROUGH AND FINALIZE THIS SAME, BUT I THINK IT'S IMPORTANT THAT AT AT SOME POINT IN THE NEAR FUTURE IS THAT WE GET SOME INVOLVEMENT WITH THE CURRENT BOARD TO GET A BETTER INSIGHT OF KIND OF WHERE WE'RE AT, BUT ABSOLUTELY I THINK IT NEEDS TO BE THIS BOARD. I THINK THIS BOARD OR THIS COMMISSION SORRY THIS COMMISSION NEEDS TO HAVE WORKSHOPS. BUT MORE THAN THAT, I THINK THIS COMMISSION NEEDS TO, UH, COLLABORATE WITH OTHER BOARDS AND COMMISSIONS. UH, BECAUSE. IT'S A IT'LL BE HARD TO, UH OR BE A TRAVESTY IF THE PARKS BOARD WAS NOT, UH, CONSIDERED WHEN WE THIS COMMISSION CONSIDERS THE PARKS PLAN BECAUSE THEY MAY BE DOING, UH, THINGS THAT YOU KNOW, UH WE CAN'T EVEN DREAM, BUT THEY ALREADY HAVE EARMARKED FOR EXAMPLE, SO UM, IT'S EXCITING.
IT'S EXCITING TIME. I THINK THERE'S A LOT OF OPPORTUNITY FOR THE CITY. I'M REALLY, UH. UH HONORED TO BE IN THIS POSITION WHERE I CAN, UH, IMPACT, PERHAPS A LITTLE BIT OF POSITIVE CHANGE.
THE COMMUNITY THAT I DEARLY CARE ABOUT. AND UH AND I SEE THAT, UH, THAT HEART IN IN ALL OF YOU AS WELL. RIGHT, UM QUESTION IS YOU MENTIONED THAT UH, A LOT OF IT IS COMING TOGETHER, BUT IT'S RATHER DISJOINTED. AS FAR AS, UM . IDEAS AND PERCEPTIONS BASED ON WITH THIS FIVE YEAR COMPREHENSIVE PLAN IS AND WHERE, HOW MANY YEARS INTO THIS THAT WILL BE THE SIX YEAR IT'S 2017 WAS. THAT WAS OUR LAST CONFERENCE AND PLAN. AND NOT ONLY WAS IT THE LAST COMPREHENSIVE PLAN, BUT IT IS OUR FIRST COMPREHENSIVE PLAN. I'LL BE IT. THERE WAS COVID IN BETWEEN, BUT WE'RE PAST COVID, AND WE CAN NO LONGER USE THAT AS AN EXCUSE. IT'S TIME TO GET THIS DONE. AND WE NEED TO GET IT DONE. BIG PICTURE OF WHAT IT LOOKS LIKE. WHERE ARE WE? HOW CLOSE ARE WE TO IT? WHAT WHERE ARE WE REALLY IN THE BIGGER PICTURE OF PUTTING THIS PLAN TOGETHER? I'M I'M I'M COMING FROM A DIFFERENT YES, OK, SO I'M RATHER NEW TO THIS COMMISSION.
BUT OUR GOAL AND OUR FOCUS WAS THE, UH, AESTHETICS IN THE HOUSE . I WAS ON THE DUNCANVILLE NEIGHBORHOOD VITALITY COMMISSION . OK AND THAT NEIGHBORHOOD VITALITY WAS, UH, BRINGING IN PEOPLE FROM DIFFERENT PLACES AND TOUTING THE HOW DO YOU SAY THE SMALL TIME BUT THE CHARM IN THE HOUSING AND WHAT WE HAD AVAILABLE AND KEEPING THAT AS WELL AS ATTRACTING YOUNGER, DIVERSE PEOPLE. INTO OUR NEIGHBORHOODS. OK, SO. ON TRANSFERRING FROM THAT COMMISSION TO THIS COMMISSION. SAYING, OK? HOW ARE WE WORKING TOGETHER? RIGHT AND I THINK THE
[01:20:08]
ANSWER WE'RE DOING TO ANSWER THAT RIGHT NOW. WE'RE NOT UNLESS YOU'RE DOING INDEPENDENTLY. MY AIM WITH THIS CONSCIENCE PLAN IS TO BRING THOSE THOSE IDEAS TOGETHER THOSE BOARDS AND COMMISSIONS TOGETHER INTO ONE ROOM WHERE WE CAN ALL HAVE THOSE DISCUSSIONS, AND IT'S GONNA BE HARD, BECAUSE, UH, THERE'S QUORUM ISSUES. THERE'S UH THERE'S UH UM. UH QUORUM, MEANING NOT NOT SHOWING UP. BUT CORN BEING HAVING TO NOT, UH, NOTIFY THE MEETING AND HAVING ROGER'S RULES AND, UH. SIMILAR TO HOW WE DID WITH THE, UH, THE JOINT MEETING OF THE UH, ECONOMIC DEVELOPMENT CORPORATION AND THE PLANNING AND ZONING COMMISSION FOR THE LAST PROPERTY. UH, WHO LEADS THAT MEETING. WHO'S THE CHAIRPERSON OF THAT MEETING? UH FOR EXAMPLE.UH WHO'S THE SPEAKER? BECAUSE YOU HAVE TWO DIFFERENT SPEAKERS. SO THERE'S A LOT OF SEMANTICS AND A LOT OF THESE ARE UP, BUT THE BOTTOM LINE IS WE HAVE TO WORK TOGETHER. WE HAVE TO GET ALL THESE, UH, THESE IDEAS AND PERSPECTIVES INTO INTO INTO 11 VISION FORWARD. SO UH, HOW LONG IT'S GONNA TAKE, UM. I'M GONNA ROLL MY SLEEVES AND MAKE SURE THAT WE GET THIS RQ OUT. UM THIS MONTH. SO NEXT TIME THAT I SEE YOU, I CANNOT SAY THE SAME THING. I'VE SAID FOR THE LAST SIX THAT THESE A RE THE IDEAS WE HAVE, AND THIS IS WHAT WE'RE GETTING AT. WE HAVE A WE HAVE A PATH FORWARD. ALL RIGHT. THANK YOU, MR WARREN. ANY QUESTIONS? NO QUESTIONS. I JUST WANNA COME IN STAFF ON ADDING THE, UM LIKE SECTION 6.05 DEFINITION KIND OF REGULATIONS, AND, UM, I DON'T MAY HAVE DONE THAT BEFORE. AND FOR WHATEVER REASON, IT POPPED OUT AT ME THIS MEETING AND I APPRECIATE THE BACKGROUND INFORMATION AND THE REGULATIONS. THANK YOU. THANK YOU, MR. FOR ALL YOUR HARD WORK. I KNOW YOU DO A LOT OF AND, UH, HAVE A LOT OF SUPPORT NOW. YEAH I GOOD TEAM BEHIND ME. SEE THAT? OK, ANYTHING ELSE FOR TODAY? ALL RIGHT. WELL, THERE'S ONE MORE ITEM I BELIEVE. ESTABLISH. AND IT'S UH, IT'S ITEM 10. ADJOURNMENTS ADJOURNMENT. MAKE A MOTION. SECOND THERE. IS 824. 824 AND THE DANVILLE PLAIN ZONING COMMISSION IS ADJOURNED FOR THE EVENING. ALL RIGHT. THANK YOU.
* This transcript was compiled from uncorrected Closed Captioning.