[1. Call to Order.]
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GOOD EVENING, EVERYONE. IT IS 701 IN THE EVENING. TODAY IS MONDAY. APRIL 10TH 2023, I HEREBY CALL TO ORDER THE DUNCANVILLE PLANNING AND ZONING COMMISSION REGULAR MEETING. AT
[2. Receive Public Comments on items not listed on the agenda, limit 2- minutes per individual speaker.]
THIS TIME ITEM NUMBER TO RECEIVE PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA. SO AT THIS TIME, WE WILL OPEN THE FLOOR. FOR ANY INDIVIDUALS WISHING TO HAVE PUBLIC COMMENTS ON ANY AGENDA ITEMS THAT ARE NOT LISTED ON THIS EVENING'S AGENDA. ALRIGHT WELL, WE WILL HEREBY CLOSED THE PUBLIC HEARING. UH, I'M SORRY. OKAY COULD YOU PLEASE APPROACH THE PODIUM AND GIVE US YOUR NAME AND ADDRESS? AS THE FIRST MATTER. OKAY YES. THANK YOU, MR MILL.UM, I DO HAVE YOUR PUBLIC YOUR CITIZEN PUBLIC COME IN. AND YOU ARE HERE THIS THIS EVENING TO SPEAK ON AN ITEM NOT ON THE AGENDA. SO AT THIS TIME, I WILL, UM, ALLOW YOU TO PROCEED WITH YOU. YOU HAVE TWO MINUTES. COULD YOU PLEASE RESET, MR ALL RIGHT.
THANK YOU, MR MILHAM. ARE THERE ANY OTHER SPEAKERS WISHING TO EXPRESS ANY PUBLIC COMMENTS ON AN AGENDA ITEM THAT'S NOT LISTED ON TONIGHT'S AGENDA? WE HAVE ITEM NUMBER 10. THANK YOU. ITEM NUMBER 10 IS CONTINUED DISCUSSION PERTAINING TO THE FIVE YEAR COMPREHENSIVE PLAN AND UPDATE UM. MY APOLOGIES AND DISCUSS PROPOSED PLANS. UM REGARDING OPPORTUNITY A THE LAB PROPERTY, SO I WOULD ASSUME THAT ANYONE WISHING TO SPEAK ON FOUR AGAINST OR ABOUT THE LAB PROPERTY IN GENERAL WOULD WOULD SPEAK ON ITEM NUMBER 10. OKAY? AND SO AND JUST SO THOSE OF YOU ALL WHO ARE HERE DESIRING TO SPEAK ON THAT, UM, I DO INTEND TO TAKE ITEM NUMBER 10 BEFORE WE TAKE ITEM NUMBER NINE. MR WARREN , WHICH IS RELATED TO THE ORIENTATION, UM, WITH THE CITY ATTORNEY IN ORDER THAT YOU ALL MIGHT NOT BE KEPT. WAITING AS WE GO THROUGH OUR ORIENTATION TO EXPRESS ANY OF YOUR COMMENTS THAT YOU WISH TO RELATES TO THE LAB. ALL RIGHT. ARE THERE ANY OTHERS WISHING ON ITEM NUMBER TWO TO SPEAK ON ANY AGENDA ITEM THAT'S NOT LISTED ON TONIGHT'S AGENDA. ALRIGHT HEARING NONE. THEN WE WILL NOW, UM MOVE TO ITEM NUMBER THREE AND I WILL
[3. Approve minutes for the Planning and Zoning Commission regular meeting on March 13, 2023.]
ENTERTAIN A MOTION APPROVING THE MINUTES FROM THE PLANNING AND ZONING REGULAR MEETING ON THAT WAS HELD ON MARCH 13TH 2023. THANK YOU. COMMISSIONER WILL, ER IS THERE A 2ND 2ND? THANK YOU, COMMISSIONER RODRIGUEZ ALL THOSE VOTING IN FAVOR OF APPROVING THE MINUTES FROM MARCH. 13TH SAY I ANY OPPOSED. SAME SIGN HEARING NINE. MOTION CARRIES. THANK YOU. WE WILL NOW MOVE TO ITEM NUMBER[4. Consider a request (2023-07) for approval of a replat by Jose Villa, applicant and owner, to replat from Carder Crest, Block A, Lots 11 and 12, to Carder Crest Addition, Lot 12R, Block A, more commonly known as 704 North Main Street, in the City of Duncanville, Dallas County, Texas.]
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FOUR, MR WARREN. THANK YOU. I DON'T FOUR IS CONSIDERED A REQUEST FOR APPROVAL OF A REPLACED BY JOSE VM APPLICANT AND OWNER TO REPLY IT. FROM CARTER CREST BLOCK A LOTS 11 AND 12 DO CARTER CREST EDITION 12 R BLOCK, A MORE COMMONLY KNOWN AS SEVEN OH FOUR NORTH MAIN STREET IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. THE REQUEST IS TO ALLOW A REPLY TO THE PETITION. PROPERTY ZONING DISTRICT IS DUNCANVILLE, DOWNTOWN DUNCANVILLE DISTRICT GENERAL MAIN STREET FRONTAGE. UH THE CODE AND SECTION REQUIREMENTS ARE FOUND IN ARTICLE THREE SECTION D PROCEDURE PROCEDURE FOR APPROVAL OF REPAP PLANTS AND OUR CODE OF ORDINANCES. THIS IS A IMAGE OF THE REPLY IT SHOWING LOT 12 R BLOCK A ON THE NORTHEAST CORNER OF NORTH MAIN STREET AND EAST FAIN STREET. UH IMAGE ON THE LEFT IS A AERIAL SHOWING THE EXISTING LOT 11 AND LOT 12 SUBJECT PROPERTY. 704 NORTH MAIN STREET WITH THE IMAGE ON THE RIGHT BEING A ZONING MAP SHOWING THE DOWNTOWN DUNCANVILLE DISTRICTS AND BLUE 12. MILLIONS WERE SENT OUT. WE HAD ZERO REPLIES IN FAVOR AND ZERO REPLIES IN OPPOSITION TO THIS, UH, RE PLATT REQUEST. THANK YOU. THANK YOU, MR WARREN. UM, COMMISSIONERS. ARE THERE ANY QUESTIONS FOR STAFF? OFFICIAL RODRIGUEZ. I GOT IT. I GOT A QUESTION ON THIS PARTICULAR PROPERTY, I GUESS JUST BY LOOKING AT THE PRELIMINARY PLATFORM UPON UP THE TRACKS.THAT IDENTIFIED THAT THAT'S PART OF THE DOWNTOWN DISTRICT. RIGHT? IT IS. YEAH, RIGHT. THAT'S MY ONLY QUESTION. THANK YOU. AND MR MR WARREN, THIS PARTICULAR REQUEST IS TO AFFECT SUBDIVIDE THIS PIECE OF PROPERTY CORRECT. ME YES, IT IS. IT IS A SUBDIVISION. IT'S COMBINING TWO LOTS INTO ONE LARGER LOT. RIGHT WELL, YEAH, THE OTHER WAY AROUND, OKAY? WHAT WOULD. UM THIS CHANGE DUE TO THE SURROUNDING LOT PATTERN. SO THE LAW PATTERNS ARE CURRENTLY SET.
AH BEING. PRETTY MUCH IDENTICAL 150. BY 75 FT. IT WOULD, IN ESSENCE, ALLOW FOR THE, UH THE DEVELOPMENT OF THE PROPERTY. TWO. UH TO OCCUR IN ACCORDANCE WITH THE DRC, THE DEVELOPMENT REVIEW COMMITTEE'S SUGGESTIONS AND COMMENTS. AH FOR DEVELOPMENT OF THE PROPERTY. ALL RIGHT.
COMMISSIONER WILLER. VERY QUICKLY. LET ME UNDERSTAND. THEY ARE THE SAME SIZE, RIGHT? BASICALLY BRING THEM TOGETHER. YES. AH! COMMISSIONER THOMPSON. UM MY QUESTION IS, IS THERE PROPOSED DEVELOPMENT FOR THIS ONCE THESE LOTS OF REPLIED IT AND WHAT IS THE TIMELINE? AND WHAT IS THE FUTURE PLANS? SO UH , THIS IS A PREREQUISITE TO, UH TO MOVING FORWARD WITH WITH THE WITH THE DEVELOPMENT PLANS. AH! MEETING WITH THE DEVELOPMENT REVIEW COMMITTEE. UH THERE'S UH , PROPOSAL FOR A RESTAURANT, A OFFICE SPACE AND THEN, UH, ADDITIONAL RETAIL SWEETS. UH THAT ARE NOT YET DETERMINED. WHAT THE WHAT WOULD HOUSE BE HOUSED THERE? UM. THERE WOULD BE A PLAZA AREA. IN THE IN THE MIDDLE OF THE OF THE PROPERTY. AND AH, UM. THIS WAS THE REPLY.
IT WAS A CONDITION. FOR THOSE FOR THOSE PLANS TO MOVE FORWARD. WHAT KIND OF TIME FRAME ARE YOU TALKING OR OR DO YOU RIEGER TO MOVE FORWARD? THE APPLICANT IS EAGER TO MOVE FORWARD WITH THE
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PROJECT SO SOON. THANK YOU. ALL RIGHT. ANY UM ANY OTHER QUESTIONS REGARDING I GUESS THIS WAS THE ITEM NUMBER FOUR. RIGHT? ALL RIGHT. THANK YOU. AT THIS TIME. IT IS 7 11, AND I'LL NOW OPEN THE PUBLIC HEARING. UM ON THIS PARTICULAR ITEM. ARE THERE ANY INDIVIDUALS HERE WISHING TO SPEAK ON FOR OR AGAINST ITEM NUMBER FOUR IS READ INTO THE RECORD. SAYING NO SPEAKERS. UM COMMISSIONERS, I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING FOR ITEM NUMBER FOUR.THANK YOU, COMMISSIONER WILLERS, THEIR 2ND 2ND. THANK YOU, COMMISSIONER RODRIGUEZ. ALL THOSE VOTING IN FAVOR SAY AYE. I . AS HAVING THANK YOU. THE PUBLIC HEARING STANDS CLOSED AT 7 12. COMMISSIONERS I WILL NOW ENTERTAIN A MOTION TO APPROVE ITEM NUMBER FOUR IS READ INTO THE RECORD. I LIKE TO MAKE A MOTION APPROVE ITEM NUMBER FOUR FOR RE PLATFORM PROPOSED DEVELOPMENT ON THIS PROJECT. RODRIGUEZ FOR YOUR EMOTION. IS THERE A SECOND TO COMMISSIONER RODRIGUEZ IS MOTION. THANK COMMISSIONER WILL ER UM IS THERE ANY DISCUSSION? HEARING NO DISCUSSION. ALL THOSE VOTING IN FAVOR SAY AYE. ANY OPPOSED. SAME SIGN. AS I HAVE IT. MOTION
[5. Consider a request (2023-10) for approval of a replat by Dwayne Copeland of PJB Surveying, applicant, representing Jerry Childress, owner, to replat 634 Crestside Drive, 1307 Crest Lane Drive and 1303 Crest Lane Drive from Crestview, Block C, PT LT 22, and Crestview, PT LTS 0023 and 24, and Crestview, Block C, PT Lots 22-24, to Crestview Addition, Lots 22R and 23R, Block C, more commonly known as 634 Crestside Drive and 1307 Crest Lane Drive and 1303 Crest Lane Drive , in the City of Duncanville, Dallas County, Texas.]
CARRIES. THANK YOU. ITEM NUMBER FIVE, MR WARREN. THANK YOU. ITEM FIVE. CONSIDER A REQUEST FOR APPROVAL OF A REPLACED BY DWAYNE COPELAND OF P. J B SERVING APPLICANT REPRESENTING JERRY, CHILDREN'S OWNER TO RE PLATT 634 CRUST SIDE DRIVE, 13 OH, SEVEN. CHRIS LANE DRIVE AND 13 OH THREE CHRIS LANE DRIVE FROM CRESTVIEW BLOCK C PART. OF LOT 22 CRESTOR. YOU PART OF LOTS 23 24 CRESTOR, YOU BLACK SEA PARTS OF LOTS 22 THROUGH 24 TO CRESTVIEW EDITION LOST 22 R AND 23 R BLOCK SEE MORE COMMONLY KNOWN. AS 634 CRESTVIEW DRIVE. AND 13. OH, SEVEN, CREST LANE DRIVE AND 13 OH THREE CHRIS LANE DRIVE IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. REQUEST IS TO ALLOW REPLY TO THE PETITION PROPERTY. THE ZONING DISTRICT IS A COMMERCIAL DISTRICT. THE CODE AND IN SECTION AND REQUIREMENTS IS FOUND IN ARTICLE THREE. PART D PROCEDURE PROCEDURE FOR APPROVAL OF RE PLATZ FOUND WITHIN OUR CODE OF ORDINANCES. THIS IS A THE IMAGE OF THE REPLY. IT AH, SHOWING IN THE, UH, THE. I GUESS THIS SOUTHWEST CORNER QUADRANT OF CRESTVIEW AND, UH, REQUEST LIEN DRIVE AND CREST SIDE DRIVE. BEING BLOCKED C 22 R AND BLOG SI A LOT. 23 ARE SO THESE TWO LOTS ARE WHAT WOULD BE HORIZONTAL IN NATURE WHERE THE REST OF THE LOT PATTERN WILL BE VERTICAL IN NATURE. AND, UH, IN THE NEXT IMAGE. WE CAN KIND OF SEE WHY. AH THAT'S THAT CONFIGURATION IS PROPOSED. AH 13 OH, THREE CHRIS LANE DRIVE ESSENTIALLY WOULD BE REMAINING THE SAME. AH! AS FAR AS THE, UH . THEY CAN LOCK CONFIGURATION, UH, WITH RESPECT TO LOCK CONFIGURATION. UH 6 34 CREST SIDE DRIVE. SHOWN IN THE RED OR PINK OUTLINE. IS AN ISOLATED PARCEL. IT HAS NO ACCESS. IT HAS NO ABILITY TO REACH EITHER CREEKSIDE DRIVE OR CHRIS LANE DRIVE. IT'S KIND OF A CONUNDRUM OF A OF A PARCEL. UH AND THEN 13 OH, SEVEN CHRIS LANE DRIVE. AH! HAD DOES HAVE ACCESS TO CHRIS LANE DRIVE. UH SO THROUGH THIS REQUEST, IT IS THESE THIS LOCK CONFIGURATION IS ABLE TO HAVE ACCESS TO CREST LANE DRIVE AND ALSO TO BE UTILIZED. AH BY THE BY THE PROPERTY OWNER TO LEASE THE LEAST THE, UM, THE PROPERTY. WHERE PREVIOUSLY UNABLE TO DO SO. 17 MAILINGS WERE SENT OUT. WE HAD ZERO REPLIES IN FAVOR. ZERO APPLIES IN OPPOSITION, AND[00:15:03]
ONCE AGAIN, YOU'RE ABLE TO SEE UH LOT 22 23 24. UH PARTIALLY BEING 13. OH, THREE CRESTLINE DRIVE, AND THEN PARTIAL PARCEL LOT. PART OF LOT 22 BEING 6 34 CREST SIDE DRIVE. AND THEN, UH, PIECES OF LOTS 23 24. BEING 13 OH, SEVEN CHRIS LANE DRIVE. THANK YOU. STAFF. WILL STANFORD QUESTIONS, ALL RIGHT. THANK YOU, MR WARD. UM, ARE THERE ANY QUESTIONS FOR STAFF? YES, COMMISSIONER WILLARD. SO LONDON UNDERSTAND? THE PROPERTY IS BEING PURCHASED. RELEASE. SO THE PROPERTY UH IT'S CURRENTLY THE OWNERSHIP WILL NOT CHANGE. HOWEVER THE OWNERS OF THE PROPERTY DO YOU WANT INTEND TO LEASE THE PROPERTY? TO A NEARBY BUSINESS, UH, TO ALLOW FOR THAT BUSINESS THAT UTILIZE THE PROPERTY. THE PROPERTY IS CURRENTLY VACANT. UH NO. THE PROPERTIES NOT CURRENTLY VACANT , AND ACTUALLY, THE PROPERTY IS INTENDED TO BE ENHANCED. UM BY THE BY THE LI SEE OF THE OF THE NEIGHBORING BUSINESS. UH SO THAT'S THE INTENT FOR THE REPLY.IT TO ALLOW FOR THAT ENHANCEMENT TO TAKE PLACE. THANK YOU. MISSION. REALLY? ARE THERE ANY OTHER QUESTIONS FOR STAFF? HEARING, MR WARREN, JUST HELP ME OUT REALLY QUICK. UM WHERE IS CHRIS SIDE DRIVE? CHRIS SIDE DRIVE IS THE DRIVE THAT IS NORTH. YOU CAN SEE ON THE ON THE IMAGE ON THE ON THE RIGHT BEING THE OKAY SO CHRIS LANE. THERE'S A CLASS CREST LANE DRIVE AND EXPRESSED SIDE DRIVE THE CREST LANE DRIVE IS A IS A MISERABLY POOR NAME FOR A ROAD AS IT HAS A SUFFIX RIGHT IN THE NAME OF A STREET, RIGHT? SO. THIS REQUEST IS TO TAKE 13 OH, SEVEN CHRIS LANE DRIVE. AND IT WOULD THEN. ASSUME OR CONSUMED 6 34 CREEK. CHRIS SIDE DRIVE, CORRECT, OKAY? AND SO NOW THIS NEW WHOLE PARCEL WOULD BE THEN ADDRESSED AT 13. OH, SEVEN CHRIS LANE DRIVE, AND THEN WITH THE OTHER FACING WELL , I WON'T EVEN GET INTO THAT WITH THE OTHER WITH THE OTHER.
13 OH, THREE BEING CRESTLINE DRIVE, CORRECT. THAT'S CORRECT. OKAY, UM NOW YOU TALKED ABOUT THE INGRESS AND EGRESS TO WHAT NOW IS 6 34. WHERE IS THAT? ON THIS MAP. HOW HOW WOULD I GET TO IT RIGHT NOW? IF I JUST CAN NOT HAVE TO DRIVE OVER. OVER, UH BACON, LANDER. VEGETATION VEGETATION. EXACTLY I GOT IT. ALL RIGHT. I'M CLEAR NOW. ALL RIGHT, THANK YOU. ALRIGHT I DON'T THINK EITHER ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT. THANK YOU, MR WARREN. IT IS 7 18, AND I WILL, UM, NOW OPEN THE PUBLIC HEARING FOR ITEM NUMBER FIVE IS READ INTO THE RECORD. IS THERE. ANYONE HERE WISHING TO SPEAK ALL FOR AGAINST ITEM NUMBER FIVE. IF YOU GIVE US YOUR NAME AND YOUR ADDRESS, MY NAME IS COREY BOUQUET. I LIVE IN MANSFIELD. ACTUALLY FIVE BROCKWAY COURT. UM, BUT I'M BUSINESS OPERATOR RIGHT NEXT TO THE PROPERTY. THERE WILL BE THE LEAST SEE, UM, JUST IF YOU GUYS HAVE ANY QUESTIONS ALL RIGHT. THANK YOU SO MUCH FOR BEING HERE TODAY, AND WE WILL. WE WILL STAND BY IF THERE ANY QUESTIONS. THANK YOU. ANYONE ELSE SPEAKING DESIRING TO SPEAK ON FOR OR AGAINST THIS ITEM? ALRIGHT HEARING NONE. COMMISSIONERS WILL DO I HEAR A MOTION OUR ENTERTAIN A MOTION RATHER CLOSE THE PUBLIC HEARING. SOME OF YOU, COMMISSIONER WILL IS THERE A SECOND? THANK YOU, COMMISSIONER THOMPSON. THE PUBLIC AREAS, STAMPS CLOSED. IT'S BEEN MOVED AND SECONDED THAT WE CLOSED THE PUBLIC HEARING AT 7 20 IS ANY DISCUSSION. ALL THOSE VOTING IN FAVOR, SAY AYE. ANY OPPOSED. MOTION CARRIES THE PUBLIC HEARING STANDS CLOSED AT 7 20. UM COMMISSIONERS OUT, ENTERTAIN A MOTION TO APPROVE ITEM NUMBER FIVE IS READ INTO THE RECORD. WITH EMOTION. ALL RIGHT. THANK YOU. COMMISSIONER RODRIGUEZ FOR YOUR FOR YOUR MOTION. THANK YOU, COMMISSIONER WITH OR YOUR SECOND UM, IS THERE ANY DISCUSSION OF ITEM NUMBER? FIVE. HEARING THAT ALL THOSE VOTING IN FAVOR SAY AYE. ANY OPPOSED. AS HAVE IT, UM
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MOTION CARRIES. ITEM NUMBER FIVE IS APPROVED. THANK YOU. NUMBER SIX, MR WARREN. THANK YOU. ITEM[6. Conduct a public hearing (2023-08) for consideration and action regarding the request of Hani Elkady, applicant, representing, CWS Real Property Holdings LLC, owner, to include a Specific Use Permit “SUP” for Auto Repair and Services, Minor (No Outside Storage) on Irwin Keasler Shopping Village, TRS 6 and 8, 0.7143 ACS, more commonly known as 315 West Camp Wisdom Road, in the City of Duncanville, Dallas County, Texas.]
SIX CONDUCT A PUBLIC HEARING FOR CONSIDERATION ACTION REGARDING THE REQUEST OF ANY L GAVE THE APPLICANT REPRESENTING C W S REAL PROPERTY HOLDINGS LLC OWNER TO INCLUDE A SPECIFIC USE PERMIT. FOR AUTO REPAIR AND SERVICES. MINOR NO OUTSIDE STORAGE ON IRWIN KEESLER SHOPPING VILLAGE TRACK SIX AND EIGHT BEING, UH, 80.7143 ACRES MORE COMMONLY KNOWN AS 315 WEST CAMP WISDOM ROAD IN THE CITY OF DUNCANVILLE DOLLS COUNTY, TEXAS. THE REQUEST WAS TO OBTAIN A SCP FOR OTTAWA. REPAIR AND SERVICES. MINOR NO OUTSIDE STORAGE. THE FUTURE LAND USE MAP DESIGNATION AS OPPORTUNITY AREA OF FIVE. THE ZONING DISTRICT IS L O. OUR LOCAL OFFICE RETAIL DISTRICT IN L O R A S D P IS REQUIRED FOR AUTO REPAIR. AND SERVICES. MINOR. THE DEFINITION FOR AUTO REPAIR SERVICES. MINOR NO OUTSIDE STORAGE IS AS FOLLOWS MINOR REPAIR OR REPLACEMENT OF PARTS, TIRES, TUBES AND BATTERIES, DIAGNOSTIC SERVICES, MINOR MAINTENANCE SERVICES, SUCH AS GREASE OIL. SPARK PLUG AND FILTER CHANGING TUNE UPS ABOUT FLOOR REPAIR EMERGENCY ROAD SERVICE REPLACEMENT OF STARTERS, ALTERNATORS HOSES AND BRAKE PARTS, PERFORMING STATE INSPECTIONS AND MAKING MINOR REPAIRS NECESSARY TO PASS INSPECTION. NORMAL SERVICING OF AIR CONDITIONING SYSTEMS, WINDOW TINTING, INSPECTIONAL SERVICES, DIAGNOSTICS AND OTHER SIMILAR MINOR. SERVICES FOR MOTOR VEHICLES EXCEPT HEAVY LOAD VEHICLES, BUT NOT INCLUDING ANY OPERATION NAMED UNDER AUTO REPAIR SERVICES, MAJOR RECORD TOWING SERVICES OR ANY OTHER SIMILAR USES MAY INCLUDE THE RETAIL SALES, AUTO PARTS NO OUTSIDE STORAGE EXISTS. THE IMAGE ON THE LEFT IS THE AERIAL OF THE SUBJECT. PROPERTY, UH, BEING NORTHWEST OF THE INTERSECTION OF NORTH BONNEVILLE ROAD AND CAMP WISDOM ROAD. AND THE IMAGE ON THE RIGHT SHOWS.THE ZONING BEING LOCAL OFFICE, RETAIL AND RED WITH GENERAL OFFICE READS OUT DISTRICT TO THE EAST AND, UH, AND MULTI FAMILY 21 RESIDENTIAL TO THE NORTH. A SITE PLAN LAYOUT IS AS FOLLOWS ON THE LEFT WITH A U SHAPE SITE PLAN LAYOUT AROUND THE STRUCTURE . THE LANDSCAPING PLAN SHOWING JUST OVER 20. OF THE REQUIRED. UH UM. LANDSCAPE REQUIREMENT FOR NEW DEVELOPMENT. THE ELEVATION SHOWING, UH, SIX BAYS ON THE WESTERN EAST. IN THE NORTH AND SOUTH ELEVATION. OF THE STRUCTURE. AND THE FLOOR PLAN LAYOUT. WITH SIX BAYS AND A CUSTOMER LOUNGE AREA WITH OFFICE AND RESTROOMS, THINGS OF THAT NATURE. CONSIDERATIONS FOR SPECIFIC USE PERMITS. ARE AS FOLLOWS PROPOSED USES CONSISTENT AND COMPATIBLE WITH ADJACENT LAND USE AND ZONING PROPOSED USES CONSISTENT WITH ARCHITECTURE AND CHARACTERISTICS OF THE ADJACENT PROPERTIES. THE PROPOSED USE MAY PROMOTE INNOVATIVE USE OF MODERN DEVELOPMENT CONCEPTS WITHOUT HAVING AN ADVERSE IMPACT ON ADJACENT PROPERTIES. PROPOSED USE IS CONSISTENT WITH THE GOALS AND OBJECTIVES OF THE CITY PROPOSED USES AN ENHANCEMENT OR IMPROVEMENT BEYOND THE MINIMUM STANDARDS SET FORTH BY THE ZONING ORDINANCE. THE PROPOSED USE WILL NOT BE DETRIMENTAL TO THE GENERAL HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. PROPOSED USE OF STABILIZED AND IMPROVED PROPERTY VALUES WITHIN THE CITY. THE PROPOSED USE WOULD PROTECT AND ENHANCE CITY'S ATTRACTIVENESS TO RESIDENTS, BUSINESSES, TOURISTS AND VISITORS THE PROS USE WOULD STRENGTHEN AND HELP DIVERSIFY THE ECONOMY OF THE CITY. THERE WERE NINE MAILING SENT OUT. WE HAD NO RESPONSES IN FAVOR OR IN OPPOSITION TO THIS REQUEST IS TENDERLY SCHEDULED TO PROCEED TO THE TUESDAY MAY 2ND 2023 CITY COUNCIL HEARING THANK YOU. STAFF. FULL STANFORD QUESTIONS.
THANK YOU, MR WARREN. COMMISSIONERS ARE THERE ANY QUESTIONS FOR STAFF? HEARING, MR YEAH, COMING SHORT RICA'S. WARREN JUST JUST OUT OF CURIOSITY. THERE'S AN EXISTING CAR WASH THERE IS THE OUTLOOK. IT MADE ANY INDICATION OF WHAT THEY'RE GOING TO KEEP THAT STRUCTURE AND JUST ADD ONTO IT CONVERTED OR THE APPLICANT IS HERE TODAY, AND THEY CAN SPEAK TO THAT IS UNDERSTANDING THAT IT WILL BE A NEW STRUCTURE. UM THEY MAY UTILIZE SOME COMPONENTS, BUT
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, UH, TO ACHIEVE THE AH, THE ELEVATIONS IT HAD TO BE SUBSTANTIALLY SIGNIFICANTLY DIFFERENT. THANK YOU, SIR. OKAY COMMISSIONERS. ANY OTHER QUESTIONS FOR STAFF? UM MR MR WARREN. JUST A COUPLE FOR ME. UM CONSIDERING I DID SEE THE PROPOSED ELEVATIONS AND WHAT I THINK WOULD BE THE NEW CONSTRUCTION. THAT WAS IN THE MATERIAL. MY QUESTION, I GUESS KIND OF AS IT RELATES TO THAT IS WHAT TYPE OF LANDSCAPING REQUIREMENTS OR ANYTHING WITH THAT TRIGGER, BECAUSE I KNOW THAT IN THAT PARTICULAR FRONTAGE OR YOU KNOW THAT PARTICULAR STRIP OF CAMP WISDOM. IT'S LAID OUT LIKE KIND OF L O. R YOU WOULD SEE TRADITIONALLY, AND IT'S VERY LITTLE LANDSCAPING, YOU KNOW, BUFFER OR ANYTHING TO THE STREET. YOU KNOW, PROMISED STREETSCAPE PERSPECTIVE. SO I'M JUST WONDERING THAT IF THIS WOULD BE A NEW DEVELOPMENT, WHAT TYPE OF TRIGGERS FROM A LANDSCAPE PERSPECTIVE, UM, WOULD COME INTO PLAY. YES. SO, UH, THE FULL EXTENT OF OUR LANDSCAPING ORDINANCE WOULD BE IN EFFECT AS IT IS A NEW DEVELOPMENT. UH AND THE APPLICANT HAS INDICATED AND EXPRESSED THAT THEY WOULD MEET THAT THOSE REQUIREMENTS WITH WITH A 20% LANDSCAPED AREA. WITH CANOPY, TREES AND SHRUBS SHOWN IN THE IN THE IMAGE ON THE RIGHT. UM. NO IT SEEMS TO ME THAT YOU KNOW THIS REQUEST FOR AN S U P UM, IT'S COMING WITH PROPOSED, OR AT LEAST IN THE MATERIAL, IT SEEMS PROPOSED SIGNIFICANT. UM INVESTMENT INTO THE PROPERTY. FOR EXAMPLE, SO WHICH THEN LEADS ME TO MY QUESTION IS WHAT PERIOD FOR SPECIAL USE PERMIT HAS BEEN REQUESTED. UM. THERE HAS NOT BEEN A DEFINITE PERIOD, UH, REQUESTED THAT SOMETHING THAT THE APPLICANT CAN, UH, CAN SPEAK TO AS THEY ARE HERE TODAY AND AS WELL AS THE COMMISSION CAN ATTRIBUTE AT THE PLEASURE OF THE COMMISSION. UM IN OTHER INSTANCES. ENTITY THEMED OR IS IT COME IN TO SEE MR WARREN THAT SOMETIMES AN ISSUE PB ACCOMPANIED WITH THE DEVELOPMENT PLAN, OR SOMETHING LIKE RELATED TO WHAT THEY INTEND TO DO WITH THAT SITE IN CONJUNCTION WITH THAT TO BE EVALUATED AS TO ITS APPROPRIATENESS. UM. I WILL SAY THAT THE APPLICANT HAS SATISFIED THE REQUIREMENTS FOR AN SCP APPLICATION APPLICATION, AND I UNDERSTAND SO. UH I GUESS THE IF I'M UNDERSTANDING CORRECTLY, THE QUESTION IS THAT YOU WOULD YOU WANT TO SEE MORE JUST SAYING IS THAT IS THAT IS THAT A IS THAT A COMMON PRACTICE? OR IS THAT A PRACTICE THAT'S BEEN SEEN BEFORE THAT AN S U P APPLICATION BE ACCOMPANIED WITH SOME TYPE OF DEVELOPMENT PLAN THAT KIND OF BRINGS TO GROUND YOU KNOW THE WHOLE PICTURE OF WHAT THEY INTEND TO DO WITH THAT USE, SO I WILL. I WILL SAY THAT THE APPLICANT WAS HESITANT TO, UH, TO BRING FORTH A ROBUST, UH AND COMPLETE. THE PICTURE WITHOUT WITHOUT FIRST HAVING LEAST KNOWING THAT THE SCP WOULD BE SUCCESSFUL BEFORE GOING THROUGH. UH BUT WE DO HAVE, UH, A GOOD IDEA THAT THE PRODUCT WILL BASED OFF OF WHAT THE ELEVATIONS LOOK LIKE. AND THE TRACK RECORD OF THE OF THE, UM. OTHER TYPES OF DEVELOPMENTS THAT THIS APPLICANT HAS HAS DONE WITHOUT THROUGHOUT THROUGHOUT THE AREA. UH, THAT THE DEVELOPMENT WOULD BE SOMETHING THAT IS WORTHY OF AN SCP AND STAFF'S OPINION. THANK YOU. COMMISSIONERS ANY OTHER QUESTIONS FOR STAFF.COMMISSIONER THOMPSON. THANK YOU. UM MY QUESTION IS ABOUT THE APPLICANTS AND IF THEY HAVE EXPERIENCE IN OTHER AREAS. NEARBY IN THIS TYPE OF BUSINESS, OR IS THIS THE FIRST TIME FOR THEM? NO THEY DO HAVE SEVERAL MAKE HIM TESTED THIS AS I'M SURE THEY'RE VERY EAGER TO DO IT SITTING IN THE THIRD ROW OR SO, UM, BUT THEY WERE ABLE TO, UH, VERY IMPRESSIVELY ABLE TO CONVEY, UH, SUCCESSFUL BUSINESSES THAT THEY HAD BUILT OF THIS NATURE. AND IN DFW.
THANK YOU. COMMISSION AND ANY OTHER QUESTIONS FOR STAFF. HEARING NONE. THANK YOU, MR WARREN. WE WILL. NOW IT'S 7 31 AND WE WILL OPEN THE PUBLIC HEARING FOR ITEM NUMBER. FIX. HI
[00:30:13]
IF YOU GIVE US YOUR NAME AND ADDRESS GOOD AFTERNOON. MY NAME IS HENNY AL QADI. 31 20 ASHWOOD COURT. RICHARDSON TEXAS 75082. UM, I JUST WANT TO TELL YOU THAT AFTER THE ASSUMED B WAS THE APPROVAL. THERE WILL BE A FULL SET OF DOCUMENTS THAT WE HAVE TO WORK WITH THE CITY TO ACCEPT.EVERYTHING WILL BE DETAILS OF THE ELEVATION DETAILS OF THE BUILDING DETAILS OF THE STRUCTURE. I MEAN, IT WAS JUST NOT DON'T TAKE IT AND GO AND BUILDERS LIKE THAT, SO THERE WILL BE A LOT MORE. DOCUMENTS. TO APPLY FOR A BUILDING PERMIT AFTER THAT. AND THEN WE WILL BUILD SOMETHING THAT YOU WILL BE PROUD OF AND WE WILL BE PROUD OF. IT'S NOT OUR WE BUILD OVER 26 BUILDINGS LIKE THAT. SO WE AND WE LOVE TO TAKE PRIDE OF OUR BUILDINGS. IT'S NOT ONLY CITY APPROVAL. WE LIKE TO BUILD BEAUTIFUL BUILDINGS DEFINITELY WILL BE A LOT MORE BEAUTIFUL THAN WHAT'S THERE. NOW THERE'S NO LANDSCAPING THERE AT ALL. TODAY THERE WAS BUILDINGS ARE VERY OLD DETERIORATED AND EVERYTHING ELSE. I'M HERE FOR YOU HAVE ANY QUESTIONS FOR ME? GLADLY ANSWER. THANK YOU SO VERY MUCH FOR BEING HERE IN STANDBY IF WE HAVE ANY QUESTIONS FOR YOU, THANK YOU. THANK YOU, SIR. THANK YOU. ANYONE ELSE DESIRING TO SPEAK ON FOR AGAINST ITEM NUMBER SIX. ALRIGHT COMMISSIONERS. ANY QUESTIONS FOR ANY OF OUR SPEAKERS? COMMISSIONER WIN. NO MY, MY PARTNER. I'M THE BUILDER, ACTUALLY, BUT THE OWNERS WILL BE OPERATING IT. IT'S NOT GONNA BE FOR LESS TIME. I HAVE A QUESTION SINCE YOU YES, SIR. SORRY. I'M ASSUMING THIS IS GOING TO BE A FULL BLOWN OUT DEVELOPMENT BASED UPON WHAT WE'RE SEEING HERE ON THE YES TO PRETTY MUCH AND JUST KIND OF QUESTION IS FAR AS THE TERMS ON THIS S U P. WHAT DO YOU LOOKING FOR? BECAUSE THIS IS SOUNDS LIKE A PRETTY SIGNIFICANT INVESTMENT ON BEHALF OF THE OWNERS AND CONSTRUCTION PROJECT WELL OVER A MILLION DOLLARS, SO WHAT? WHAT KIND OF TIME FRAME ARE YOU LOOKING FOR? AS FAR AS AN ISSUE? P IS CONCERNED ONCE WE ONCE WE GET PAST THIS AND GET TO THE MAY 2ND I THINK MEETING AND WE'LL PASS IT. WE'LL START WORKING RIGHT AWAY TO PROVIDE THE CITY ON ON THE WHOLE PERMIT SET TO GET BUILDING PERMITS. AND ONCE WITH THE BUILDING PERMIT, WE CAN START NEXT DAY. SO ON ON YOUR S U P. WHAT ARE YOU LOOKING FOR? A YEAR? TWO YEARS, FIVE YEARS. 10 DON'T THINK IT COMES IN. IT WAS A TIME, BUT I MEAN, IF IT COMES OUT WOULD SAY BETWEEN A YEAR TWO YEARS. I THINK YOU WANT MORE THAN THAT ON THAT LARGE OF AN INVESTMENT. I MEAN, I MEAN, WHAT DO YOU MEAN BY THAT BY WELL? YOU CAN PUT, WE CAN PLACE TERMS ON THESE S U. P S SO IF YOU COME INTO THE BOARD AND SAY THEY ARE LOOKING FOR AN S, U P M MAKING A BIG INVESTMENT HERE, AND IT'S GONNA I'M GONNA BE HERE FOR 10 YEARS. I WOULD LIKE TO SEE S U P TO BE IN PLACE FOR THIS TEAM. I WOULD THINK THAT ONCE WE OPEN IT WILL BE THERE FOR FOREVER FOREVER. I MEAN, ONCE DEFINITE WOULD THAT'S TOTALLY AGREE. I WOULD DO THE SAME THING I'VE BEEN SO THROUGH MANY AS UPS AND I NEVER HEARD THIS BEFORE THAT TERM. I MEAN, NORMALLY, PEOPLE WANT TO KNOW. WHEN WE'RE GOING TO START BUILDING IT BECAUSE WE DON'T WANT TO TAKE AN ISSUE P AND JUST SIT DOWN AND DO NOTHING. SO WHAT I'M SAYING WE'RE GONNA I MEAN, HOPEFULLY WE'LL BE DONE WITH IT AND READY TO OPEN WAS IN BETWEEN 1 TO 2 YEARS. YEAH THAT'S FINE.
COMMISSIONERS IF I MAY INTERRUPT FOR JUST A MINUTE, BY THE WAY, I'M COURTNEY MORRIS. I'M YOUR CITY ATTORNEY, DIDN'T I? UM YOUR S U. P ORDINANCE OR YOUR CODE OF ORDINANCES AND SECTION SIX POINT OH, FIVE ADDRESSES THE TIME LIMITS FOR US UPS, AND IT DOES INDICATE THAT A SPECIFIC USE PERMIT MAY BE ISSUED FOR AN UNLIMITED OR LIMITED PERIOD OF TIME. PRIOR TO THE EXPIRATION OF A SPECIFIC USE PERMIT WITH A LIMITED PERIOD OF TIME THE OWNER MAY APPLY FOR AN EXTENSION. UM THE. A SPECIFIC USE PERMIT SHOP SHALL ONLY BE ISSUED FOR A LIMITED PERIOD OF TIME. IF THE
[00:35:06]
USE INTENDED TO BE TEMPORARY, IF THE USE IS INTENDED TO BE TEMPORARY AND DOES NOT REQUIRE A SUBSTANTIAL INVESTMENT INTO THE SITE. SO THOSE ARE YOUR GUIDELINES ON S UPS. THAT'S NOT OUR CASE FOR SURE. WELL, WE HAVE A LOT OF INVESTMENT, SO AND THIS THING IS NOT GOING TO GO AWAY. I MEAN, SO, SO WE WOULD LIKE AN UNLIMITED. THANK YOU. AND LET ME JUST GIVE YOU I THINK A LITTLE BACKGROUND THANK YOU FOR THAT. AND THANK YOU FOR THE QUESTION. AND THANK YOU, UM, MADAM CITY ATTORNEY FOR THAT INPUT. UM SPECIAL USE PERMITS, AND I'LL JUST SAY JUST AS A POINT, JUST TO KIND OF ROUND THIS OUT. THIS HAS NOTHING TO DO WITH YOUR CASE, BUT ESPECIALLY USE PERMITS EXIST WHEN AN APPLICANT IS REQUESTING FOR YOUTH IN A ZONING DESIGNATION OR CATEGORY. THAT'S NOT ALLOWED FOR IN A PARTICULAR AREA. AND SO ONE OF THE CONSIDERATIONS THAT THAT CAN BE MADE AS AS OUR CITY ATTORNEY HAS , UM, SHARED WITH US IS THE AMOUNT OF THE INVESTMENT AND THERE'S THERE WAS NOWHERE IN THE DOCUMENTS THAT SUGGESTED HOW LONG THE APPLICANT REQUESTING, AND SO OUR QUESTION TO YOU, I THINK FROM COMMISSIONER RODRIGUEZ AND KIND OF I THINK I STARTED THAT WAS UH, AROUND JUST THE VESTMENT AND HOW LONG YOU INTENDED TO OPERATE JUST SO WE COULD UNDERSTAND UNLIMITED PREPARED TO NEED UNLIMITED TIME. OKAY THANK YOU FOR THAT. THANK YOU FOR THAT. THANK YOU, SIR. ALL RIGHT. ANYTHING ELSE ON ITEM NUMBER SIX. COMMISSIONER WIN.FOR STAFF. OKAY, COMMISSIONER WIN QUESTION FOR STAFF.
WHY. UM IT'S 100 S U P PRIMARILY BECAUSE OF THE ZONING ZONING DESIGNATION. UH IF YOU'LL SEE ON THE IMAGE ON THE RIGHT, THE LIGHTER RED IS L, O R. AND THE DARKER RED IS GR GENERAL OFFICE RETAIL DISTRICT IN A MORE INTENSE OF DISTRICT. IT IS ALLOWED BY RIGHT, BUT IT'S BUT IN A LESS INTENSE DISTRICT IT'S STILL PERMITTED, BUT IT HAS TO GO THROUGH THIS PROCESS TO ENSURE THAT IT'S KIND OF A CASE BY CASE BASIS. FOR A SPECIFIC USE. PERMIT. UM. FOR THIS USE IN A IN A LOCAL OFFICE RETAIL DISTRICT. NO IT IS REQUIRED WITHIN SCP. ANY OTHER QUESTIONS FOR STAFF OR ANY OTHER QUESTIONS AS IT RELATES TO ITEM NUMBER SIX. ALRIGHT COMMISSIONERS. I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING ON ITEM NUMBER SIX. THEY DO.
COMMISSIONER WILLERS THEIR SECOND THANK YOU, COMMISSIONER WIN, UM, ALL THOSE VOTING IN FAVOR TO CLOSE THE PUBLIC HEARING AT 7 39 SAY I MOTION CARRIES. I WILL NOW ENTERTAIN A MOTION FOR ITEM NUMBER SIX. I'D LIKE TO MAKE A MOTION FOR APPROVAL ITEM NUMBER SIX WITH A THANK YOU FOR THE MOTION WILL NOW HEAR YOUR MOTION COMMISSIONER RODRIGUEZ. LIKE TO, UM RECOMMEND APPROVAL FOR AN ISSUE P FOR AN INDEFINITE TIME BASED UPON THE PLANS THAT WERE SUBMITTED FOR THIS PROJECT. IS THERE A SECOND? COMMISSIONER WIN, UM, SUCK IT. IS THERE ANY DISCUSSION? UM YES, I WOULD JUST LIKE TO COME IN THAT I AM, UM I AM PLEASED TO SEE THIS, UM SPECIAL USE PERMIT COME IN, AND THE INVESTMENT THAT THE APPLICANT DOES INTEND TO MAKE IN THIS AREA, AND I THINK THAT IT DOES. GO A LONG WAY IN TERMS OF ENHANCING, UM THAT CAT WISDOM CORRIDOR AND I THINK THAT IT WILL. IT WILL BE A WELCOME SIGHT. THIS LOCATION. ONE OF THE THINGS UM I'LL JUST SIMPLY SAY IS THAT YOU KNOW WHEN WE WHEN WE MAKE THE DECISION AS A COMMISSION, UNITED TO UM, PASS IT INDEFINITE ISSUE P. THEN WE HAVE INVARIABLY CHANGED THE ZONING. UM FOR THIS PIECE OF PROPERTY ON CAMP WISDOM, BECAUSE WE HAVE ALLOWED THAT USE INDEFINITELY. UM AND SO I JUST POINT OUT THAT YOU KNOW, WE MAKE THAT DECISION. UM, I THINK I
[00:40:07]
ZWEIG OPEN, WHEREAS ESPECIALLY USE PERMITS, YOU KNOW, FOR A PERIOD OF 25 YEARS OR 20 YEARS, SUBJECT TO RENEWAL AND RE APPLICATION AT THAT TIME ALLOWS THIS THIS BODY 20 YEARS FROM NOW TO EVALUATE THAT USED TO MAKE SURE THAT IT'S STILL COMPATIBLE WITH THE USES AND THE VISION AND THE PRACTICALITIES ON THE GROUND ON CAMP WISDOM. AND SO I JUST WANT TO ILLUMINATE THAT, UM, YOU KNOW, NOT THAT ONE WAY OR ANOTHER, BUT JUST FACTUALLY IN IN IN THE IN THE MOTION. THAT IS BEFORE US WOULD WOULD CHANGE THAT ZONING, UM, INDEFINITELY FOR THIS PIECE OF PROPERTY, AND I JUST WANTED TO HIGHLIGHT THAT. SO WITH THAT, UM, I WILL ASK, ARE THERE ANY OTHER COMMENTS? WITH YOU. I THINK I SPEAK VERY LOUD. COMMISSIONER WILNER NECESSARILY NEED MIKE. BUT I CAN ASSURE YOU, SIR. WELL, THANK YOU. MAKING THE MOVE THAT YOU HAVE AND THIS COMMUNITY WE THINK IT'S WELL. FIRST. FOR THIS COMMUNITY, AND WE THINK, AND WE HOPE QUESTION YOU ABOUT YOU.COME BACK TO US WITH THE INFORMATION THAT IT'S GOING TO BE HERE FOR A WHILE. WE WALK.
THANK YOU, MR WILLARD. ANY OTHER COMMENTS. ALL RIGHT, ALL THOSE VOTING IN FAVOR SAY AYE. ANY VOTING OPPOSED. MOTION CARRIES. THANK YOU. I DON'T NUMBER SEVEN, MR WARREN. THANK YOU. ITEM SEVEN
[7. Conduct a public hearing (2023-09) for consideration and action regarding the request of Hani Elkady, applicant, representing CWS Real Property Holdings LLC, owner, to include a Specific Use Permit “SUP” for Auto Repair and Services, Minor (No Outside Storage) on Candlelight Estates 3rd Inst, Block L, PT Lot 1, ACS .422, more commonly known as 419 East Danieldale Road, in the City of Duncanville, Dallas County, Texas. (Part 1 of 2)]
CONDUCTED PUBLIC HEARING FOR CONSIDERATION AND ACTION REGARDING THE REQUEST OF AND I ALCALA APPLICANT REPRESENTING C W S REAL PROPERTY HOLDINGS LLC OWNER TO INCLUDE A SPECIFIC USE PERMIT FOR AUTO REPAIR SERVICES . MINOR NOT OUTSIDE STORAGE ON CANDLELIGHT ESTATES, THIRD INSTALLATION BLOCK L PART OF LOT ONE. AH! BEING 0.4 TO TWO ACRES MORE COMMONLY KNOWN AS 4, 19 EAST DANIEL DEL ROAD IN THE CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. THE REQUEST IS TO OBTAIN A S U P FOR A AUTO REPAIRS SERVICES. MINOR NOTES THAT STORAGE THE FUTURE LAND USE MAP DESIGNATION IS OPPORTUNITY AREA NINE, THE MAIN STREET DISTRICT. THE ZONING DISTRICT IS L O. OUR LOCAL OFFICE RETAIL DISTRICT. THE DEFINITION OF AUTO REPAIR. AND SERVICES. MINOR NO OUTSIDE STORAGE IS NOT CHANGED SINCE THE PREVIOUS READING. THE IMAGE ON THE LEFT IS THE AERIAL OF THE SUBJECT PROPERTY. BEING ON THE NORTHWEST CORNER OF CANDLELIGHT AVENUE AND DANIEL DELVE ROAD.IMAGE ON THE RIGHT. IT IS A EXCUSE ME. A ZONING MAP SHOWING THE SUBJECT PROPERTY BEING OH, OUR LOCAL OFFICE RETAIL DISTRICT AND THE LIGHTER RED WITH THE GENERAL OFFICE RETAIL DISTRICT TO THE EAST, SINGLE FAMILY RESIDENTIAL TO THE NORTH. AND L. O. R TO THE SOUTH. THE SITE PLAN. LAYOUT UH, IS A LITTLE BIT SMALLER THAN THE PREVIOUS. AH. PREVIOUS OUT. ITEM. LANDSCAPING PLAN US ALSO MEETS 20. REQUIREMENT. SO FOUR PLAN LAYOUT SHOWING FOR BAYS. WITH THE CUSTOMER LOUNGE. AND THE ELEVATIONS OF THE PROPERTY. BEING SOMEWHAT SMALLER, WITH ONLY FOUR BASES AS OPPOSED TO SIX DAYS. AND THE PREVIOUS, UH, PREVIOUS ITEM. CONSIDERATIONS FOR SPECIFIC PERMITS ARE FOUND IN SECTION 6.5 D OF OUR CONFERENCE AND ZONING ORDINANCE.
10 MAILINGS WERE SENT OUT. WE HAD ZERO RESPONSES IN FAVOR. ZERO REPLIES AN OPPOSITION. THIS REQUEST IS ALSO TENTATIVELY SCHEDULED TO PROCEED TO THE TUESDAY MAY 2ND 2023 CITY COUNCIL HEARING. THANK YOU. STAFF. WILL SANFORD QUESTIONS? THANK YOU, MR WARREN. UM, COMMISSIONERS. ARE THERE ANY QUESTIONS FOR STAFF. MR WARREN, UM, IN THE STAFF REPORT, IT SAYS THERE ARE SIGNIFICANT DESIGN IMPROVEMENTS WITH THIS REQUEST, AND IT GOES ON TO STATE LANDSCAPE. IMPROVEMENTS ARE PROPOSED IN EXCESS OF 20% LANDSCAPING REQUIREMENT. AND I SEE A LANDSCAPE PLAN HERE. DOES THAT CONFIRM ERM OR SOLIDIFIED. WHAT KIND OF WALK ME THROUGH
[00:45:05]
THAT IN TERMS OF THAT KIND OF CARRYING THROUGH FROM YOU KNOW SUCH AN APPROVAL TODAY KIND OF GOING FORWARD. YES SO THE ANALYSIS FROM THE STAFF REPORT IS DERIVED FROM THIS LANDSCAPE PLAN SHOWING, UH, 20% IN EXCESS OF 20% IN LANDSCAPING. ALL RIGHT. ANY OTHER QUESTIONS FOR STAFF. COMMISSIONER RODRIGUEZ. SWORN ON LOOKING AT THIS PARTICULAR PLAN TO LOOK INTO ONE PREVIOUS TO THIS. IT'S OBVIOUSLY , IT'S THE SAME APPLICANT AND. THE ONLY QUESTION ON ON THIS ONE IS ALSO GOING TO BE CONSIDERED DEVELOPMENT. FROM THE GROUND UP AS A PREVIOUS ONE. I'M ASSUMING MAKING THAT ASSUMPTION BASED UPON THE DRAWINGS AND WHAT I'M LOOKING AT AGAIN. ON ON THIS PARTICULAR PROPERTY. I'M VERY FAMILIAR WITH THE AREA. THE AREA SURROUNDING THE. THIS PARTICULAR PROPERTY IS ZONE L O R. YES, IT IS. IT IS ALSO ZONE. L O. R. OKAY? THIS. SO WE DON'T ANTICIPATE ANY FURTHER CHANGES ON DOWN THE ROAD AS FAR AS RESIDENTIAL COMING INTO PLAY BECAUSE IT'S CLOSE TO A LOT OF DEVELOPMENT OVER ON DANIEL, DALE AND MAIN STREET, AND WE CAN SEE THAT KIND OF EXPANDING OUT A LITTLE BIT IS A I DON'T. I DON'T KNOW IF WE'VE HAD ANY FURTHER INTEREST AS FAR AS FUTURE DEVELOPMENTS IN THAT AREA FOR MIXED USE OR ANYTHING LIKE THAT COMING UP IN THE FUTURE. NOT THAT I'M AWARE OF THE ONLY RESIDENTIAL COMPONENT THAT I CAN SPEAK TO IS NORTH OR ON THE OTHER SIDE OF HALO STREET AND THE PROPERTY AND THE NEIGHBORHOOD TO THE NORTH. UM. THE, UH. THE SIZE OF THE OF THE PROJECT IS THERE'S SIMILARITIES AS THEY'RE BOTH CONVERTING, UH, PREVIOUSLY OPEN BAY. UH, CAR WASHES. THERE WERE, UM.CONDUCTED MANUALLY. THEY'RE NOT DRIVE THROUGH CAR WASHES. CARWASHES UH, WITH THE WAND THAT USED TO SPRAY THE SPRAY THE VEHICLE. INSERT THE QUARTERS. UM SO THIS WAS KIND OF, IN ESSENCE , BE A MINOR AUTO JUNIOR. IF YOU LOOK AT THE OTHER ONE BEING OLD LARGER, UM. SIX BAY STRUCTURE WITH NO OUTSIDE STORAGE OR ANYTHING THAT CORRECT. THIS IS YES. ONCE AGAIN. NO OUTSIDE STORAGE A LOT, OKAY? THAT'S THE ONLY QUESTION I HAD THE CONDITION OF THE S U P NO, THAT'S THE CONDITION OF THE USE OF THE YOUTH. OKAY? THANK YOU, SIR. ANY OTHER QUESTIONS FOR STAFF. ALL RIGHT. THANK YOU, MR WARREN. UM MOVING NOW OVER THE PUBLIC HEARING FOR ITEM NUMBER SEVEN ANYONE DESIGNED TO SPEAK ON FOR AGAINST ITEM NUMBER SEVEN. HI YOU HAVE TO REPEAT MY NAME AGAIN AND JUST GIVE US YOUR NAME AND ADDRESS AGAIN. AND IF YOU HAVE ANY ANY AL QADI 31 20 ASHWOOD COURT. RICHARDSON TEXAS 75082. THANK YOU. I'M HERE FOR ANY QUESTIONS. I GUESS WE LOVE YOUR CITY. THAT'S WHY WE'RE GONNA DO TWO IN THE SAME TIME. SO WHAT? IF YOU GUYS HAVE ANY QUESTIONS I WOULD GLADLY ANSWERED. THANK YOU. ALRIGHT WE'LL STAND FOR QUESTIONS. DO YOU HAVE ANY QUESTIONS, MR WILSON? OKAY SAME THING JUST TO A LESSER DEGREE. IS THAT RIGHT? SAME THING, BUT IT'S SMALLER A LITTLE BIT BECAUSE THE LAND WILL NOT ALLOW BIGGER THAN THAT. ALL RIGHT. THANK YOU. THANK YOU ANY OTHER ANY OTHER QUESTIONS? YEAH. ALL RIGHT. THANK YOU. ANYONE ELSE DESIRE TO SPEAK ON FOR AGAINST ITEM NUMBER SEVEN. COME DOWN AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. GOOD EVENING, EMILY BRIDGES FOR 18 OLEANDER 75137. THAT IS WHERE A CAR WASH CURRENTLY IS. AND MY CHILDREN AND I CLEAN UP LITTER THERE ALL THE TIME. I WAS HOPING THAT IF THAT BUSINESS EVER DID CHANGE THAT NOTHING AUTOMOTIVE WOULD GO IN THERE, ESPECIALLY CONSIDERING THAT THAT IS THE WALK ABILITY PATH THAT DUNCANVILLE IS NOW TRYING TO CONSIDER SO I DON'T THINK WALKING IN FRONT OF AN AUTOMOTIVE SHOP IS ACTUALLY IDEAL. AND IT IS LITERALLY WITHIN BLOCKS OF MY HOUSE, SO I WOULD LIKE TO OPPOSE THAT. THANK YOU VERY MUCH. ALL RIGHT. ANYONE DECIDED TO SPEAK ON FOR AGAINST THIS ITEM. THINGS DONE IN
[00:50:05]
HEARING NINE COMMISSIONERS ARE ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. THANK YOU.COMMISSIONER WILL ER, UM TO IS THERE A SECOND? THANK YOU. COMMISSIONER WIN FOR YOUR SECOND TO CLOSE THE PUBLIC HEARING AT 7 51 ALL THOSE VOTING IN FAVOR SAY AYE. ANY OPPOSED. MOTION CARRIES THE PUBLIC HEARING ON STANDS CLOSE COMMISSIONS. I WILL ENTERTAIN A MOTION. IN REGARD TO ITEM NUMBER SEVEN. ALRIGHT, COMMISSIONER RODRIGUEZ. YOUR MOTION. WHAT? WHAT WAS THE NATURE OF YOUR EMOTION MADE NATURE, UM, MOTION TO APPROVE. MOTION. OKAY MOTION TO APPROVE.
COMMISSIONER RODRIGUEZ IS COMMISSIONER RODRIGUEZ IS MOTION IS TO APPROVE ITEM NUMBER SEVEN BASED UPON SUBMITTED UM, INFORMATION. IS THERE A SECOND TO THAT MOTION? UH, COMMISSIONER WILLER SECONDS. COMMISSIONER RODRIGUEZ IS MOTION. IS THERE ANY DISCUSSION? UM MY ONLY DISCUSSION POINT REPEATS FROM THE PREVIOUS ITEM, WHICH IS THE GRANTING OF IT. INDEFINITE ISSUE. P. IN FACT, CHANGES THAT ZONING UM, AND RESTRICTS THE CITY'S ABILITY TO BE ABLE TO MANAGE THAT YOU SEND DETERMINE ITS COMPATIBILITY. UM WITH SURROUNDING PROPERTIES. AS WELL AS WHAT IT NEEDS TO BE IN THE FUTURE. SO UH, ANY OTHER DISCUSSION OR ITEM NUMBER SEVEN.
COMMISSIONER WITH THANK YOU, UM THANK YOU FOR THOSE REMARKS. ANY OTHER. COMMENTS ON ITEM NUMBER SEVEN. MY QUESTIONS THAT I HAD FROM MR WARREN ABOUT. WHAT'S IN THE FUTURE FOR THAT AREA. YOU KNOW, OBVIOUSLY WHAT WE DECIDE HERE TO MOVE FORWARD WITH IS GOING TO CREATE AN IMPACT IN THAT AREA. IS CONSIDERED TERM LIMITS ON THE SECOND LOCATION. IT'S A SMALLER LOCATION ADJACENT TO RESIDENTIAL EVEN THOUGH IT'S SURROUNDED BY ALL OUR IS IT SOMETHING THAT WE SHOULD CONSIDER AND TAKE IN CONSIDERATION MOVING FORWARD ON THIS PARTICULAR LOCATION? OR IF THERE'S A CHANGE OF OWNERSHIP, I MEAN THERE'S THINGS I THINK WE CAN DO FOR CONDITIONS ON THIS ONE. UM I GUESS. MY FIRST. QUESTION TO YOUR QUESTION WOULD BE. IS THAT A QUESTION FOR STAFF? UM ARE YOU ASKING STAFF? IS THERE SOMETHING IN THE PROJECTED FUTURE? UM IN OR AROUND THIS PARTICULAR UM, SIDE THAT THIS COMMISSION SHOULD CONSIDER I THINK STAFF ANSWERED THAT EARLIER AND SAID HE WASN'T ALL RIGHT. THEN I GUESS MY QUESTION THEN MY SECOND QUESTION , THEN, IF THAT'S NOT A QUESTION FOR STAFFING, UM BACKSTROM RODRIGUEZ MY QUESTION THEN FOR YOU. IS ARE YOU PROPOSING SOME CONDITIONS? IN THE FORM OF SOMETHING MODIFIED MOTION. I THINK IT WAS PROPOSED TO MODIFIED MOTION ON THIS PARTICULAR PROPERTY. ALL RIGHT.
WELL ALL RIGHT, SO JUST AS A POINT OF ORDER, WE'RE GONNA WITHDRAW YOUR PREVIOUS MOTION TO APPROVE FOR AN INDEFINITE PERIOD OF TIME. AND, UM, WE WILL NOW HEAR. ANY SUBSTITUTE MOTION TO THE PREVIOUSLY WITHDRAWAL MOTION. YEAH. SO I WOULD LIKE TO PROPOSE AN EMOTIONAL EMOTION.
WITH CONDITIONS OF A TENURE TERM LIMIT ON THIS ONE. BECAUSE OF ITS PROXIMITY OF TWO RESIDENTIAL AREAS, EVEN THOUGH IT'S SURROUNDED BY ALL OUR WE HAVE NO INDICATION OF WHAT'S GOING ON THAT AREA. IT IS ADJACENT TO TWO. RESIDENTIAL AREAS, AND I KNOW THEY'RE MAKING AN INVESTMENT. ANOTHER LOCATION. I APPLAUD THAT, BUT, YOU KNOW. NO I'M UNFORTUNATELY WE'RE PAST THAT. WE'RE PAST THAT POINT IN TIME. UNFORTUNATELY. GO AHEAD AND WELL, SO YOUR MOTION IS TO APPROVE FOR 14 YEARS. MY MOTION IS TO APPROVE WITH TERM LIMITS ON THIS PARTICULAR ONE. OKAY TRYING TO MAKE SURE I KEEP THE MOTION BECAUSE YES, LIKE YOU WERE GOING INTO THE COMMENTS.
YOU KNOW, I JUST WANTED TO. SO YOUR MOTION RIGHT NOW IS TO APPROVE THIS APPLICATION FOR A 10 YEAR. PERIOD OF TIME. 20 YEARS. MAKE IT 20 YEARS. I'M SORRY. SO YOUR MOTION IS TO
[00:55:09]
APPROVE THIS APPLICATION FOR A 20 YEAR PERIOD. OKAY? ANY OTHER. CONDITIONS OR ANY OTHER ITEMS AS IT RELATES TO THE TO THE MOTION AND CONDITIONS OF THE MOTION. NO. ALRIGHT COMMISSIONER WILLARD , DO YOU DO YOUR SECOND REMAIN IN PLACE FOR THIS MOTION? OKAY COMMISSIONER WILLER HAS WITHDRAWN HIS SECOND FROM THE MOTION. IS THERE. A SECOND TO COMMISSIONER RODRIGUEZ IS REVISED MOTION OF A 20 YEAR APPROVAL PERIOD FOR ITEM NUMBER SEVEN. HEARING NON COMMISSIONER RODRIGUEZ YOUR MOTION BILLS FOR THE LACK OF A SECOND. IS THERE A SUBSTITUTE MOTION? COMMISSIONER WILLARD I WOULD BE IN CLIMB TO AGREE WITH LIMITATION. BUT WE'VE BEEN A. BY 10 YEARS. SOMEWHERE IN THERE. SO WHAT IS YOUR MOTION? EMOTION IS TO APPROVE WITH, LIKE FIVE YEARS. BASED ON . BEINGS THAT MAY OCCUR. RESIDENTIAL E. AND THE EXPANSION OF PROPERTY FOR CITY USING, OKAY? OKAY? SO COMMISSIONER WILL OR YOUR MOTION IS TO APPROVE ITEM NUMBER SEVEN FOR A FIVE YEAR PERIOD. IS THERE A SECOND? OKAY COMMISSIONER, WILLARD, YOUR EMOTION DIES. UH, FOR THE LACK OF A SECOND. IS THERE A SUBSTITUTE MOTION? UM I'M YOU HAVE A COMMENT. YES OKAY. GO AHEAD. GO AHEAD. THANK YOU. I'M IN AGREEMENT WITH COMMISSIONER WIN BECAUSE I THINK THAT WE SHOULD GO FORWARD WITH THE PREVIOUS SUB. AND THAT WAS GREAT , BUT I THINK IN LIEU WHERE THIS IS LOCATED, AND THE PLAN THE CITY'S PLAN FOR THIS AREA, I'M A LITTLE HESITANT TO SAY YES, LET'S DO AN AUTO REPAIR SHOP RIGHT THERE BECAUSE IT MAY IMPACT WHAT'S IN THE PLANS FOR THE DUNCANVILLE ROAD PROJECTS. THANK YOU. THANK YOU FOR THAT. COMMISSIONER THOMPSON. HEARING NONE. I WILL MAKE YOURSELF TO EMOTION IF YEAH, HEARING NOT I MOVE THAT WE APPROVE ITEM NUMBER SEVEN FOR A 10 YEAR PERIOD OF TIME. UM AND I AND IF I HAVE A SECOND TO THAT THAN I HAVE COMING OKAY. ALRIGHT. COMMISSIONER RODRIGUEZ, UM SECONDING, UM, MY MOTION FOR A 10 YEAR PERIOD. UM MY ONE AND ONLY COMMENT REALLY REPEATS WHAT THE PREVIOUS COMMENT HAS BEEN IS, UM, I THINK THAT WE NEED TO FOR ME. I WANT TO BALANCE THE INVESTMENT. UM WITH THE ABILITY TO BE ABLE TO RECRUIT TWO FOR THE BUSINESS OWNER TO RECOUP WHATEVER INVESTMENT THEY'VE MADE IN THIS AREA, BUT AT THE SAME TIME NOT GIVING AWAY THE CITY'S OPPORTUNITY AND RIGHTS. TO MANAGE THIS YOUTH THROUGH THE ISSUE. P PROCESS I DON'T ANTICIPATE IN 10 YEARS THAT IT BEING A CONTENTIOUS RENEWAL LIKE SOME ISSUE, PS AND OTHER CITIES AND JURISDICTIONS ARE CONTENTIOUS BECAUSE THEY NEVER WASN'T USED. THAT WAS WANTED. I THINK IT'S JUST FOR ME NOT WANTING TO BE ABLE TO JUST NOT NOT. I DON'T BELIEVE IN INDEFINITE ISSUE P S. I THINK THOSE ARE ZONING CHANGES. UH OUT NOW. UH BUT THAT'S JUST ME. BUT BUT I'M WILLING TO HEARING HEARING EVERYONE'S THOUGHTS AND COMMENTS. UM I MAKE THE MOTION FOR A 10 YEAR PERIOD. ARE THERE ANY OTHER COMMENTS ON THE MOTION? ALRIGHT HEARING. ALRIGHT. I'M HEARING NINE.COMMISSIONER UM, HEARING NONE ALL THOSE VOTING IN FAVOR OF APPROVING ITEM NUMBER SEVEN FOR A PERIOD OF 10 YEARS. UM SAY AYE. UM, THAT WOULD BE COMMISSIONER DAVIS, COMMISSIONER RODRIGUEZ AND COMMISSIONER UM. WILLER VOTING IN FAVOR. DO I HEAR COMMISSIONERS WHEN THOMPSON VOTING IN OPPOSITION? YES, OKAY. SO THAT IS A 3 TO 2 VOTE. SO THE MOTION THE MOTION CARRIES.
ALRIGHT ITEM IS APPROVED FOR A 10 YEAR PERIOD. I'M SORRY. DID YOU HAVE A POINT, MR WARREN? I BELIEVE I MAY BE INCORRECT, BUT I BELIEVE YOU NEED FOUR VOTES TO BE TO PROVE AS WE HAVE. IT'S A SEVEN MEMBER. BODY. I BELIEVE YOU NEED FOUR OF SEVEN VOTES, RIGHT? SEVEN MEMBER BODY. BUT
[01:00:05]
LET ME JUST CONFIRM WITH THE CITY ATTORNEY. IS IT THE TOTAL NUMBER OF SEATS OR IS IT THE TOTAL NUMBER OF INDIVIDUALS AND ATTENDANCE AT THE AT THE MEETING? WHAT. LET ME LOOK AT YOUR CODE OF ORDINANCE AND SEE WHAT THE VOTE IS REQUIRED ON THIS. I'M NOT POSITIVE. OKAY WELL, WHY DON'T WE JUST HOLD ITEM NUMBER SEVEN AND EXTENSION? AFTER ALL, OF THAT WE WILL HOLD ITEM NUMBER SEVEN AND EXTENSION AND ABSTENTION UNTIL THE CITY ATTORNEY IS ABLE TO DETERMINE.UM WHAT ARE WHAT ARE WHAT ARE RULES DICTATE AS IT RELATES TO CARRIAGE OF THE MOTION. VERY GOOD, OKAY? ALL RIGHT. WE WILL THEN. UH UM. HOLDING SEVEN IN THE BANDS WILL COMMIT MOVED TO I WANT TO MOVE TO I REALLY DON'T WANT TO MOVE. WELL WE'RE JUST WAITING FOR TO DECIDE WHAT THIS WAS CALLED BECAUSE YOU'VE ALREADY VOTED. WE'RE JUST DIDN'T PASS OR FAIL. YEAH YEAH, BUT I'M JUST ON MY WHAT I WANT SO UM. ALL RIGHT. WHILE OUR CITY TRAINING RESEARCH IS ITEM NUMBER SEVEN. UM I'D LIKE TO MOVE TO ITEM NUMBER EIGHT, WHICH IS TO CONDUCT A PUBLIC HEARING. ON
[8. Conduct a public hearing (2022-37) for consideration and action regarding a request of the City of Duncanville for a text amendment to the Comprehensive Zoning Ordinance to allow Carports by right where currently a Specific Use Permit (SUP) is required.]
TEXT AMENDMENT. UM TO OUR COMPREHENSIVE ZONING ORDINANCE STAFF. I'LL LET YOU GO AHEAD.THANK YOU VERY MUCH. OUR NEXT ITEM IS TO CONDUCT A PUBLIC HEARING FOR CONSIDERATION THE ACTION REGARDING THE REQUEST OF THE CITY OF DUNCANVILLE FOR A TEXT AMENDMENT TO THE CONFERENCE ZONING ORDINANCE. TO ALLOW CARD PORTS BY RIGHT WHERE CURRENTLY A SPECIFIC USE PERMIT IS REQUIRED.
SO THE REQUEST AS YOU CAN SEE IN THE CHART BELOW THE CURRENT USE CHART. AT THE VERY TOP CARPORTS REQUIRING S U IN THE RESIDENTIAL ZONING. UH, DESIGNATIONS. S F 43 THROUGH MF 21. THE PROPOSAL IS TO CHANGE THE USE CHART AND EFFECTIVELY THE PROPOSAL. YOU START, WILL, UH THE CARDBOARD WILL BE ALLOWED BY RIGHT WHERE SPECIFIC USE PERMIT WAS PRETTY WAS PREVIOUSLY. ARE CURRENTLY REQUIRED. ALSO SECTION 4.4 B THREE B ONE CALLS OUT THAT A CARPORT MAYBE HE CAN PROVIDED IN LIEU OF A GARAGE OR REPORTED TODAY UPON THE APPROVAL OF A S U P THIS TEXT I MENTION THE PASS WILL NOTIFY THE REQUIREMENT FOR A SPECIFIC USE PERMIT IN THIS SPECIFIC SECTION. AH STAFF ALONG WITH THE DIRECTION OF COUNCIL WAS FOUND THAT IT'S QUITE BURDENSOME FOR APPLICANTS TO GO THROUGH THE SCP PROCESS FOR CARPORT. UM EXPENSIVE AS WELL AND THIS DIRECTION. HAS LED TO THIS THIS TEXT AMENDMENT THAT ARE BRINGING FORTH HIS BODY TODAY. UM. THE UM I GUESS. THAT CONCLUDES STAFFS STAFFS COMMENTS ON ON THIS ON HIS ITEM. THANK YOU, MR WARREN. AND TO CLARIFY OUR ACTION TODAY IS TO SIMPLY CONDUCT THE PUBLIC HEARING AS A RELATIONSHIP DESIGN OF CORRECT UH, YES. WELL TO MAKE A RECOMMENDATION THAT COUNCIL, UH PERTAINING TO THIS TESTAMENT AND ACTION, OKAY? MY BAD. OK, THANK YOU. ANY QUESTIONS FOR MR WARREN AS IT RELATES TO ITEM NUMBER EIGHT. ALRIGHT I WILL. THANK YOU, MR WARREN. IT IS 805 AND WE WILL NOW OPEN THE PUBLIC PERIODS OR ANYONE DESIRE TO SPEAK ON FOR AGAINST ITEM NUMBER EIGHT. ALRIGHT IF YOU COME ON DOWN AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD RIGHT, MALAM 6 23 SOUTH ALEXANDER AVENUE. AS A HOMEOWNER WHO IS INTERESTED IN INSTALLING THE CARPORT. UM I WOULD JUST LIKE TO SAY THAT IT WOULD BE NICE NOT TO HAVE AH, THE ADDITION OF, UH. TRYING TO WORK THROUGH AN S U P AND OBTAIN APPROVAL. WHEN. IT'S UH, PRETTY STRAIGHT FORWARD TO GO WITH A SOLID MANUFACTURER AND THE HALL GETS IN THE HOMEOWNERS INTEREST. TO, UM. TO REALLY RESEARCH BEFORE THEY PUT IN AN ITEM IS EXPENSIVE AS A CARDBOARD. THANK YOU. ANYONE ELSE TO START DESIGNING TO SPEAK ON FOR OR
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AGAINST ITEM NUMBER EIGHT. HEARING. NONE INSANE. NONE. THANK YOU. COMMISSIONERS I WILL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. COMMISSIONER WILLARD THANK YOU FOR YOUR MOTION TO CLOSE THE PUBLIC HEARING AT 806. IS THERE A SECOND THANK YOU, COMMISSIONER THOMPSON ALL THOSE VOTING IN FAVOR TO CLOSE THE PUBLIC HEARING IN EIGHT OH, SIX. AI.THE OPPOSED MOTION CARRIES THE PUBLIC HEARING STANDS. CLOSE COMMISSIONERS. I WILL ENTERTAIN A MOTION. UM IN REGARD TO ITEM NUMBER EIGHT. COMMISSIONER WIN THANK YOU FOR YOUR MOTION TO APPROVE ITEM NUMBER EIGHT IF THEY'RE SECOND TO COMMISSIONER WIN. COMMISSIONER RODRIGUEZ. IS THERE ANY DISCUSSION ON ITEM NUMBER EIGHT? HEARING NO DISCUSSION ALL THOSE VOTING IN FAVOR OF APPROVAL OF ITEM NUMBER EIGHT SAY I ANY OPPOSED. DURING THE OPPOSITION MOTION CARRIES ITEM NUMBER EIGHT IS APPROVED. THANK YOU. I'M AT THIS TIME, WE WILL NOW MOVE TO ITEM NUMBER 10.
UM MR WARREN. MR CHAIRMAN, IF I MAY INTERRUPT. OH DO NOT SEE ANYTHING IN YOUR CODE OF
[7. Conduct a public hearing (2023-09) for consideration and action regarding the request of Hani Elkady, applicant, representing CWS Real Property Holdings LLC, owner, to include a Specific Use Permit “SUP” for Auto Repair and Services, Minor (No Outside Storage) on Candlelight Estates 3rd Inst, Block L, PT Lot 1, ACS .422, more commonly known as 419 East Danieldale Road, in the City of Duncanville, Dallas County, Texas. (Part 2 of 2)]
ORDINANCES THAT REQUIRES A SUPERMAJORITY VOTE ON AN SCP. ARE YOU? CAN YOU TELL ME WHERE YOU THINK IT IS? UM I BELIEVE BECAUSE IT'S A SEVEN MEMBER BODY . IT JUST REQUIRES A SIMPLE MAJORITY OF FOUR VOTES. FOR ANYTHING TO PASSWORD BEFORE VOTES. MR MR WARREN. THAT WOULD BE TRUE OF A BOARD OF ADJUSTMENTS. BUT DON'T THINK IT'S TRUE OF THE PLANNING AND ZONING. OKAY? AND I THINK THE DISTINCTION WOULD BE THE QUASI JUDICIAL PROBABLY NATURE OF THE BOARD OF ADJUSTMENT CONFIGURATION. AS OPPOSED TO THIS BECAUSE BECAUSE YOU'RE MAKING A RECOMMENDATION OF THE CITY COUNCIL, RIGHT, JUST SIMPLY MAKING A RECOMMENDATION TO CITY COUNCIL. FURTHER. UH UM. THAT WOULD MEAN JUST A FEW WEEKS AGO , WE WOULD NOT BE ABLE TO TECHNICALLY CONDUCT ANY BUSINESS WITH ANYONE BEING IN OPPOSITION TO ANYONE. ZONING GRACE. WE ONLY HAVE FOUR MEMBERS OF THE COMMISSION, RIGHT? SO UM SO I AM OUT OF HERE. YOU TO SAY THAT THAT DOES NOT REQUIRE A SUPERMAJORITY VOTE OF THE ENTIRE BODY. RIGHT. IT JUST A MAJORITY OF THOSE PRESENT. THANK YOU. ALL RIGHT. SO. THANK YOU, MADAM CITY ATTORNEY FOR THAT INFORMATION, SO LET ME READ TO HEAR. UM OKAY , SO NOW WE WILL TAKE BACK UP. WAS THAT I AM NUMBER SEVEN. UM AND THE MOTION. THAT I MADE WAS TO APPROVE. THE ZONING THIS S U P APPLICATION FOR 18 YEAR PERIOD. AND IT WAS SECONDED BY COMMISSIONER RODRIGUEZ ASSUME YOUR SECOND REMAINS IN PLACE. UH SO ALL THOSE VOTING IN FAVOR OF APPROVAL THAT SAY I VOTING IN FAVOR IS COMMISSIONER DAVIS, COMMISSIONER RODRIGUEZ AND COMMISSIONER WILLARD VOTING IN OPPOSITION. OUR COMMISSIONERS WIN AND COMMISSIONER TUFTS. MOTION CARRIES ITEM NUMBER SEVEN IS THANK YOU. OKAY? NOW WE WILL[10. Continue discussion pertaining to the five-year comprehensive plan update. Discuss proposed plans regarding Opportunity Area 8, Ladd Property]
MOVE TO ITEM NUMBER 10. THANK YOU VERY MUCH. I DON'T 10 IS AN UPDATE FROM STAFF TO THE PLANNING AND ZONING COMMISSION ABOUT THE FIVE YEAR CONFERENCES PLAN UPDATE AND ALSO THERE IN OPPORTUNITY. AREA. EIGHT FLAT PROPERTY. UH STAFF, UH, IS HERE TO STAND BEFORE AND SAY THAT WE'RE STILL GATHERING THE INPUT FROM THE COMMUNITY MEETINGS, UH , WITH OUR UTD STUDENTS WORKING DILIGENTLY TO COMPLETE THEIR FINDINGS AND, UH AND PREPARED REPORTS TO BRING BACK BRING IT BACK TO US. UM I AM EAGER TO ALLOW THOSE IN ATTENDANCE TO SPEAK. AND SO WITHOUT FURTHER ADO, I WOULD YIELD THE FLOOR TO THOSE IN THE AUDIENCE. OKAY, MR. UM WARREN. THANK YOU FOR THAT.AND BEFORE I LET YOU GO, LET ME JUST ASK, SO WE JUST HAVE IT ON THE RECORD, AND WE JUST KIND OF OUT HERE IN THE OPEN. I KNOW THAT YOU ALL ARE WORKING CLOSELY WITH FOCUS YOU TO ARLINGTON TO UPDATE THE FIVE YEAR COMPREHENSIVE PLAN TO DALLAS. UT DALLAS. I'M SORRY I'M IN THE WRONG CITY. WORKING WITH YOU TO DALLAS AND, UM, TO UPDATE THE COMPREHENSIVE PLAN. IS THERE ANY PROJECTED TIMETABLE? UM AROUND WHEN YOU KNOW WHEN. SIGNIFICANT MILESTONE IS EXPECTED TO BE REACHED. AND WHAT DID THE LOOK LIKE? AND THAT QUESTION, THEN PERTAINS TO ANY RECOMMENDATIONS TO AMEND THE TEXT. UM OF THE ZONING ORDINANCE THAT WOULD ALLOW FOR, UM WHAT. WHAT WOULD
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EVENTUALLY COME TO BE CONTEMPLATED IN THE OPPORTUNITY AREA THROUGH THE COMPREHENSIVE PLAN. YES SO, UH, STAFF IS WORKING WITH THE DEADLINE THIS WEEK TO HAVE A, UH, A DEFINITION . FOR NATURE PRESERVE. TO BE PRESENTED TO THE CITY ATTORNEY SO THAT IS A MILESTONE THAT STAFF IS WORKING TOWARDS THERE'S ALSO, UH THE UH UM. SEMESTER IS RAPIDLY COMING TO A CLOSE. AND SO THE CAP STONES. THE CAPSTONE STUDENTS ARE WORKING. UH TO, UH , TO GET THEIR FINDINGS TO US OF THE PROJECT. VERY VERY SOON. OKAY NO. OKAY. AND I WILL ASSUME YOU KNOW NO SOONER THAN THAN THE CITY CAN GET CLOSER TO A DEFINITION FOR THIS TYPE OF VIEWS. WE WILL EVENTUALLY SEE IT AS THIS BODY. UM AND THEN IT'LL IT'LL IT'LL ROLL THROUGH. OKAY. THANK YOU FOR THAT. ALL RIGHT.UM THANK YOU. ANY OTHER COMMISSIONERS ANY QUESTIONS BEFORE BEFORE WE HEAR FROM THE PUBLIC ON THIS ITEM? RIGHT? THANK YOU, MR WARREN. THANK YOU. RIGHT. IT IS, UH 8 12 AND I'LL OPEN THE PUBLIC HEARING FOR ITEM NUMBER 10. UM I HAVE A COUPLE SPEAKER CARDS, UM, FOR THIS ITEM, BUT IF THERE'S ANYONE DESIRE TO SPEAK ON FOR AGAINST UM, ITEM NUMBER, 10. I WOULD ASK THAT YOU TO COME AND GIVE US YOUR NAME AND ADDRESS FOR THE RECORD AND ANY COMMENTS YOU MAY HAVE. NO 10 CORRECT. YES BRIDGES FOR ONE NIGHT OLEANDER 75137. I AM IN SUPPORT OF CHANGING THE ZONING FOR THIS PIECE OF PROPERTY. TWO GREEN SPACE PRESERVATION TO PROTECT IT IN PERPETUITY DESIGNATED AND NATURE PRESERVE. YOU SPOKE ABOUT ENHANCEMENT WHEN CREATING A NEW BUILDING. THERE'S A LOT TO BE SAID AS IN LEAVING NATURE AS IT IS WITH A LITTLE BIT OF ENHANCEMENT IN THAT AREA. YOU KNOW, SO I'M IN SUPPORT. THANK YOU VERY MUCH. THANK YOU. ANYONE ELSE DECIDING TO SPEAK ON POOR AGAINST ITEM NUMBER 10? MARK GRAHAM 14 SANTA FE TRAIL. UH I'M REALLY NOT SURE WHAT ELSE WE CAN SAY ABOUT THIS. I THINK EVERYONE'S HEARD EVERYTHING THAT COULD POSSIBLY HERE. I'M FOR IT, NATURE PRESERVE. AND THERE ARE A LOT, UM THERE ARE SO MANY PEOPLE THAT ARE NOW USING IT AND THOSE PEOPLE. OR ALL ASKING. WHAT IS THE WHAT IS THE DELAY? I KNOW YOU HAVE A JOB TO DO. BUT IF THERE'S ANY WAY TO EXPEDITE THIS CITY COUNCIL HAS SAID, WE ONE OF THE ORDINANCE. UM. IF IT TAKES YOU GUYS APPROVING AND THE PARKS DEPARTMENT APPROVING JUST AN EXPEDITED A LITTLE BIT. WE NEED AN ORDINANCE TO PROTECT THAT LAND. THAT'S NOT GONNA HAPPEN WITHOUT YOU GUYS. UM. RIGHT NOW. THE WE COULD BE COLLECTING FUNDS. WE CAN'T DO ANYTHING UNTIL THERE'S AN ORDINANCE DOWN THERE. IT IS IMPERATIVE THAT WE START TRYING TO ACTUALLY PROTECT WHAT WE HAVE. SO I HOPE YOU GUYS CAN IN SOME SORT OF EXPEDIENT WAY. RECOMMEND WHAT NEEDS TO BE DONE. WHAT IT COMES DOWN TO IS Y'ALL CAN RECOMMEND WHAT YOU WANT TO AND IT'S STILL GOING TO COME DOWN TO A NATURE PRESERVE IS A IT'S KIND OF A GROWING THING THAT YOU KNOW? IS THERE GONNA BE BUILDINGS THERE? THEY'RE NOT GOING TO BUILDINGS THERE. THAT WILL ALL COME AFTER AN ORDINANCE AND WHATEVER YOU GUYS DECIDE. SO UM, THE LAST THING I'VE INVITED YOU GUYS TO COME DOWN BEFORE. UH, APRIL 23RD TEXAS PARKS AND WILDLIFE WILL BE DOWN THERE. DOING A BIO BLITZ.
WHICH IS FASCINATING. IT'S FUN. IT IS RESEARCH. WE HAD PEOPLE LAST YEAR ABOUT 80 PEOPLE, NATURAL MASTER NATURALISTS. SOME OF THOSE FOLKS HAVE COME BACK OVER THE LAST YEAR. EXPECT MORE THIS YEAR. EXPECT MORE CITIZENS WERE DOWN THERE. AND IT STARTS AT ONE PM APRIL 23RD. AND WE'LL GO UNTIL PEOPLE ARE SICK OF BEING THERE. AND IF YOU HAVEN'T BEEN DOWN THERE, AND IT'S A GOOD TIME BECAUSE THE GENTLEMAN FROM TEXAS PARKS AND WILDLIFE IS AN EXPERT. HE'S A BIOLOGIST. YOU CAN LEARN A LOT FROM ME, AND HE MAKES IT FUN. SO IF YOU EVER WANT TO COME DOWN THAT'S A GOOD
[01:15:04]
TIME. THANK YOU. THANK YOU. ANYONE ELSE DESIRE TO SPEAK ON FOR. LADIES AND GENTLEMEN, JIM JONES, 16 27 NOB HILL CIRCLE. ON THE PRESIDENT OF THE NECK AND BILL NATURE CONSERVANCY, WHICH IS THE FRIENDS OF GROUP. FOR THE TRIALS OF LEAD NATURE PRESERVE. AND IF YOU DIDN'T HAVE A CHANCE TO GO TO ANY OF THE TOWN HALL MEETINGS ON THE LAD PROPERTY. UM . THERE WAS THE SIXTH TIME THAT THE POPULIST OF DUNCANVILLE HAS COME OUT AND SUPPORT OF THE NATURE PRESERVE. AS AS THE MAYOR SPOKE WHEN HE SPOKE FOR THE TOWN HALL. THAT A PREPONDERANCE OF 100% OF THE INDIVIDUALS PARTICIPATING IN THE ROOM WERE IN FAVOR OF A NATURE PRESERVE. BETWEEN THE TWO MEETINGS THERE WERE SOMEWHERE BETWEEN 253 100. PEOPLE DON'T KNOW HOW MANY WERE ON THE ZOOM CALL. UM BUT I WANT TO MAKE A CLARIFICATION. SO ZONING IS WHAT WE'RE HERE FOR. UM AND SO WRECKED ZONING WAS RECOMMENDED FOR GREEN SPACE. PRESERVATION DISTRICT, AND SO REGARDING THAT THE PROPOSAL FOR THE CHARLES ATHLETE NATURE PRESERVE. UM THERE'S A BACKYARD DESTINATION AND RETREAT FROM OVERCROWDED CONCRETE, LEADING SPACES TO LEARN, EXPLORE AND RELAX SPECIFICALLY REGARDING DEVELOPMENT. IT WOULD INCLUDE AS RECOMMENDED AND PROPOSED AND AS WELL AS ENDORSED BY BOB LADD, WHO'D BEEN HERE TWICE SO FAR. UM IN AGREEMENT WITH THE CHARLES AND FLAT NATURE PRESERVE IS IT WOULD ONLY HAVE NOMINAL AND MINIMALLY INVASIVE STRUCTURE. SO WANTING TO SAY THE MAYOR MISREPRESENTED THE VISIONS PROPOSAL AND NO ONE IN THE COMMITTEE ENDORSES A LARGE IMPACT STRUCTURE SUCH AS A MUSEUM. THE PROPOSAL FOR THE NATURE AND EDUCATION CENTER WOULD BE A LIVING, LOW IMPACT, MULTI USE STRUCTURE WOULD BE REGENERATIVE, OPEN AIR STRUCTURE, AND I WOULD CONNECT VISITORS TO LIGHT AIR AND NATURE. AND WOULD SERVE AS A SITE FOR OUTDOOR MEETINGS AND EDUCATIONAL ADVANCE. SO THAT IS HOW MINIMAL IT IS. ALL RIGHT.THANK YOU VERY MUCH. ANY OTHER. DESIRING TO SPEAK ON FOR AGAINST THIS ITEM. YOU YOU ARE MORE THAN WELCOME TO SPEAK ON OR AGAINST. I HAVE NUMBER 10 AS WELL. GIVE US YOUR NAME AND ADDRESS AGAIN.
ROY SMILE 6 23 SOUTH ALEXANDER AVENUE. UM. DUNCANVILLE HAS VERY LIMITED SPACE. AND. EVEN LESS.
IS THIS SPACE THAT REMAINS WILD TO THIS DAY? ALL ACROSS TEXAS. WILD ECOSYSTEMS ARE DISAPPEARING AT A PHENOMENAL RATE. AND. THE VALUE OF A WILD SPACE. WHAT ONLY CONTINUED TO ACCELERATE. SO IF DUNCANVILLE ACTS NOW TO CREATE A PRESERVE IT WILL BE WORTH. BEFORE CHIN IN THE FUTURE. TO HAVE THAT LAND PRESERVED. UM AND THAT IS SOMETHING TO CONSIDER. THANK YOU. ANY OTHERS IN THE GULF WAR AGAINST ASYLUM. COMMISSIONERS ARE THERE ANY COMMENTS THAT YOU HAVE? WHILE THIS IS A CONTINUING DISCUSSION AS THIS AGENDA ITEM? ARE THERE ANY COMMENTS FROM THE COMMISSIONERS FROM THE SOUTH? COMMISSIONER RODRIGUEZ. CHEERS. THANK YOU VERY MUCH. WELL YOU KNOW, APPLAUD THE FACT THAT YOU GUYS ARE HERE AND I, YOU KNOW, I CONCUR WITH YOUR VISION. I COULD SEE THIS NATURE AREA BECOMING REALITY. IT'S BEEN SITTING VACANT THERE FOR YEARS. YOU KNOW , I THINK EVEN STAFF AND US ARE LOOKING FORWARD TO LOOKING AT SOME KIND OF PLAN. I THINK THAT HAS TO BE PROPOSING. I'M GLAD YOU'RE GETTING SUPPORT FROM SOME OF THE CITIZENS IN THE CITY, DUNCANVILLE, AND I'M EXCITED FOR YOU AND LOOKING FORWARD TO SEEING SOMETHING. AND I THINK MY COLLEAGUES ARE TOO AS I THINK WE ALL FEEL THAT THERE IS A NEED FOR THIS TYPE OF FACILITY IN OUR CITY AND AGAIN, YOU KNOW, I'VE BEEN HIT 35 YEARS, AND THAT THING'S BEEN VACANT FOR 35 YEARS. SO WHY NOT TAKE ADVANTAGE OF IT NOW? THANK YOU. COMMISSIONERS, ANYBODY ELSE OR ANYONE ELSE? ONE OF THE THINGS THAT I'D JUST LIKE TO SAY THANK YOU AGAIN FOR YOUR CONTINUED VIGILANCE AND SUPPORT OF AND VISION FOR THIS PARTICULAR PIECE OF PROPERTY. I THINK I WAS KIND OF EARLY ON IN IN IN IN SAYING, YOU KNOW, SOMETIMES IT'S JUST IT'S JUST GOOD TO BELIEVE
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THINGS. THE WAY THEY ARE, UM, FOR GOOD REASON. I THINK I THOUGHT SAID THAT EARLY ON, HOWEVER, UH UM I JUST WANT TO POINT OUT AND JUST ILLUMINATE COUPLE OF FACTS THAT I THINK ARE IMPORTANT AS WE MOVE FORWARD WITH TIMELINES AND GOALS AND IT REALLY WHAT WE'RE LOOKING AT IN TERMS OF SEEING THE VISION OR WHATEVER BECOME A REALITY. THE FIRST IS UM, GETTING TO WHERE WE'RE ABLE TO AMEND THE DUNCANVILLE COACHABLE ORDINANCES ZONING TO ALLOW FOR THIS USE OR YOU KNOW ANY OTHER KIND OF USE WITHIN THE NEIGHBORHOOD OF THIS SO TO ME, THAT'S KIND OF NUMBER ONE. NUMBER TWO FROM THAT IS THEN ANY WORK AND INPUT AND UPDATE TO THE COMPREHENSIVE PLAN THAT THAT GOES IN SUPPORT OF OR FURTHERANCE OF SUCH AN IDEA AS THIS BECAUSE WE MADE DETERMINED ACROSS OUR COMPREHENSIVE PLAN. THERE ARE OTHER OPPORTUNITY, UM , FOR A USE. THAT THAT WE DETERMINED THAT WE NEED AND ONE IN THE CITY. AND THEN THIRD IS THE ACTUAL APPLICANT FOR SUCH A PROJECT LIKE THIS IS THE CITY AND HAVING THAT APPLICATION COME FORWARD TO THIS BODY FOR US TO BE ABLE TO EVALUATE IT. ON ITS MIRROR. IT'S I THINK THAT TO ME IS THE THREE PART RECIPE IN ORDER TO SING THIS, YOU KNOW, KIND OF ALL THE WAY THROUGH AND SO I LOOK FORWARD TO SEEING THOSE THINGS AS THEY DEVELOP. UM AND I JUST WANTED TO PUT THAT THAT COME IN OUT OFFICIALLY, UM AND ON THE RECORD AS IT RELATES TO THE LAB PROPERTY AND WHAT OPPORTUNITIES WE HAVE IN THE FUTURE. UM AS IT RELATES TO NATURE PRESERVES HERE AND ELSEWHERE WITHIN THE CITY. ALL RIGHT. ALRIGHT WELL, WE WILL CONTINUE OUR DISCUSSION. I AM NUMBER 10. THANK YOU ALL SO MUCH FOR BEING HERE TODAY. ALRIGHT WELL, I THINK THAT LEAVES US WITH ITEM NUMBER NINE, UM, WHICH[9. Conduct orientation with the City Attorney.]
IS CONDUCTED ORIENTATION WITH THE CITY ATTORNEY. THANK YOU. OKAY, UM. I BELIEVE IT. DID YOU? DO YOU HAVE A HANDOUT THAT LOOKS VERY AGO, OKAY? DO YOU WANT ME TO COME DOWN THEIR PRESENTATION? TO THE HANDOUT. DO EITHER ONE. DO YOU HUNT? I BELIEVE IT'S THE SAME ONE. YEAH. SHOULD BE. AND AGAIN I'M COURTNEY MORRIS. AND I'M YOUR CITY ATTORNEY TONIGHT AND SO UM, I UNDERSTAND. ONE OR TWO OF YOU ARE NEW. ON THE BOARD. OKAY SO FOR SOME OF YOU, THIS IS GOING TO BE A REMINDER OF WHAT YOU DO, AND FOR SOME OF YOU, IT'S GOING TO BE RELATIVELY NEW INFORMATION. SO WHAT IS ON OUR AGENDA NOT TO DISCUSS OUR ZONING IN THE COMPREHENSIVE PLAN. WHAT YOU'RE ZONING DISTRICTS ARE SPECIFIC USE PERMITS, WHICH WE'VE WE'VE GONE THROUGH A FEW TONIGHT. PLANNED DEVELOPMENTS. PLATZ AND SUBDIVISIONS, OTHER ZONING RELATED ISSUES AND THE TEXAS OPEN MEETINGS ACT AND TEXAS PUBLIC INFORMATION ACT. SO WE'LL START WITH. YOU KNOW WHAT WHAT ZONING IS AND HOW IT WORKS WITH THE COMPREHENSIVE PLAN. SO ZONING IS THE REGULAR REGULATORY TOOL. WHOSE PURPOSE IS TO IMPLEMENT THE CITY'S MASTER PLAN AND GOD, YOUR GROWTH AND DEVELOPMENT. AND IT SOUNDS LIKE RIGHT NOW Y'ALL ARE IN THE MIDDLE OF AN UPDATE OF YOUR COMPREHENSIVE PLAN. SO YOU'RE PROBABLY VERY FAMILIAR WITH WHAT I'M TALKING ABOUT. UM, ZONING AS YOU ARE AWARE, AS FOUND IN TEXAS , LOCAL GOVERNMENT CODE CHAPTER 2 11 AND THE DUNCANVILLE ZONING.ORDINANCE. UM ZONING PROVIDES LONG RANGE DEVELOPMENT GOALS. WITH PROVISION FOR LAND USE TRANSPORTATION AND PUBLIC FACILITIES. YOU'RE ZONING ORDINANCE DOES NOT APPEAR TO ADVANCE. IF A ZONING ORDINANCE DOES NOT APPEAR TO ADVANCE THE MASTER PLAN, THEN IT'S SUBJECT TO ATTACK. UM, BEING. UNCONSTITUTIONAL OR BEING A TAKING OF SOMEONE'S LAND. UM SO . THE BIG THING IS THAT WE NEED TO MAKE SURE OUR ZONING ORDINANCE UM, ADVANCES THE MASTER PLAN. AND EVALUATED ZONING DISPUTE BACK COMPARING THE ZONING ACTION TO THE CURRENT EDITION OF THE COMPREHENSIVE PLAN. AND YOU WOULD BE SURPRISED HOW OFTEN WE SEE THAT VERY THING WHERE SOMEBODY COMES IN FOR A ZONING CHANGE, AND WE GO LOOK AT THE COMP PLAN. AND WHILE IT MIGHT NOT BE WHAT EVERYBODY WANTS IT'S WHAT WE HAVE ON THE COMP PLAN. THAT'S WHAT WE ANTICIPATED GROWTH TO LOOK LIKE. SO IT CAN. UH IT IS YOUR POINT. YOUR COMPREHENSIVE PLAN IS YOUR
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LONG RANGE PLANNING TOOLS, SO THE FACT THAT YOU ARE LOOKING AT IT IN FIVE YEAR INCREMENTS IS SERVES YOU WELL. UM OKAY. SO YOUR COMPREHENSIVE PLAN. HAS TO BE DESIGNED TO LESSEN CONGESTION ON STREETS. TO SECURE SAFETY FROM FIRE, PANIC AND OTHER DANGERS TO PROMOTE HEALTH AND GENERAL WELFARE. TO PROVIDE ADEQUATE LIGHT AND AIR. TO PREVENT OVERCROWDING, OVERCROWDING OF LAND AND TO AVOID UNDUE CONCENTRATION OF POPULATION. OR TO FACILITATE THE ADEQUATE PROVISION OF TRANSPORTATION, WATER, SEWERS, SCHOOLS, PARKS AND OTHER PUBLIC REQUIREMENTS. AND BY THE WAY, I TEND TO TALK FAST, SO IF YOU HAVE ANY QUESTIONS, JUST STOP.JUST START TALKING. DON'T RAISE AND JUST START TALKING. OKAY SO YOU'RE ZONING DISTRICTS ARE LOCATED IN YOUR CODE OF ORDINANCES AT ARTICLE TWO. AND AS YOU'RE, I'M SURE YOU'RE ALREADY AWARE YOU'VE GOT SEVERAL RESIDENTIAL ZONING DISTRICTS FROM S F 43 ESTATES, WHICH ARE ONE ACRE LOTS WITH 2500 SQUARE FOOT LIVING AREA. ALL THE WAY DOWN TO YOUR MULTI FAMILY DISTRICTS WHERE YOU'VE GOT 21 DWELLING UNITS PER ACRE OR WITH AN 800 FT SQUARE FOOT AVERAGE LIVING AREA WITH THE SMALLEST LIVING AREA AVAILABLE. OF 450 SQUARE FEET. SO FROM ONE ACRE TO, UH, 21 PER BAKER. UH IT'S QUITE A SPREAD. UM, SO BASICALLY DUNCAN VILLAS DESIGNED TO ACCOMMODATE INTENSIVE USE AND LESS INTENSIVE USE, WHICH IS A GOOD THING. YOUR NON RESIDENTIAL DISTRICTS, AS YOU WERE DISCUSSING TONIGHT INCLUDE YOUR LOCAL OFFICE. RETAIL YOUR NEIGHBORHOOD OFFICE, RETAIL GENERAL OFFICE RETAIL. COMMERCIAL AND INDUSTRIAL. AND IF YOU HAVE ANY QUESTIONS AGAIN ABOUT ANY OF THE ZONING DISTRICTS JUST SHOUT OUT A QUESTION. UM THEN YOU'VE GOT YOUR SPECIAL. DON'T ZONING DISTRICTS, YOUR DOWNTOWN DUNCANVILLE DISTRICT, WHICH IS INTENDED TO BE A PEDESTRIAN ORIENTED. MIXED USE URBAN DEVELOPMENT. WITH ACCESS TO RAIL , TRANSIT, SHOPPING, EMPLOYMENT HOUSING. NEIGHBORHOOD RETAIL AND TO REALLY BE A CENTER OF COMMUNITY LAUGH, AND THEN YOU'VE GOT THE ABILITY TO DO PLANNED DEVELOPMENTS. AND THAT'S REALLY WHERE, UM YOU CAN CREATE. UM UM , ZONING DISTRICT THAT DOESN'T CURRENTLY EXIST THAT THAT MAY FIT AN AREA BETTER THAN ITS CURRENT ZONING. UM IT REALLY ALLOWS FOR NEW AND INNOVATIVE CONCEPTS THAT ARE NOT CURRENTLY PERMITTED IN OTHER ZONING DISTRICTS. SO WHAT DO YOU DO AS A BODY YOU CONSIDER ZONING MAP CHANGES, WHICH IS A REZONING AND ZONING CODE CHANGES, WHICH ARE TAX CHANGES. WOULD YOU HAD ONE OF THOSE ON YOUR AGENDA TONIGHT AS WELL? UM WHEN YOU HAVE A REZONING AH, THAT IS WHERE THE LEGISLATURE EVERY TWO YEARS.
WHEN THEY'RE IN SESSIONSTART TRT WHAT CITIES CAN DO AND WHAT THEY CAN'T DO, AND TIMEFRAMES AND SHOT CLOCKS AND ALL OF THOSE THINGS, SO THAT'S THE ONE THAT PUTS YOUR CITY STAFF AND, UM YOU AS A BOARD AND CITY COUNCIL UNDER THE MOST PRESSURE. UM THE STAFF HAS 10 DAYS TO WHEN THEY RECEIVE A ZONING ROOM REZONING REQUEST TO DETERMINE IF THAT REQUEST IS COMPLETE. IF IT IS COMPLAINT. IF IT'S INCOMPLETE THAN THE APPLICANT HAS GOT 45 DAYS TO SUBMIT ADDITIONAL INFORMATION. UM IF THEY DO NOT, THEN THE APPLICATION EXPIRES, AND THEY HAVE TO START ALL OVER.
UM IF THE APPLICATION IS COMPLETE, THEN YOU HAVE 30 DAYS TO REVIEW THAT REZONING REQUEST THE STAFF HAS TO PROVIDE NOTICE AND PUBLIC. THE STAFF HAS TO PUBLISH NOTICE THAT THERE'S GOING TO BE A PUBLIC HEARING. AND A PUBLIC HEARING IS REQUIRED NOT ONLY FOR REZONING, BUT ALSO FOR TEXT CHANGES. AS YOU KNOW, BECAUSE YOU JUST HAD A PUBLIC HEARING ON BOTH THOSE THINGS.
OKAY SO IN SECTION 303 IS YOUR ZONING USE CHART. THESE ARE ALL YOUR LAND USES. I THINK WE'VE WE'VE KIND OF GONE THROUGH THAT QUITE A BIT TONIGHT WITH WITH THIS STUFF THAT WAS ON YOUR AGENDA. BUT IF YOU LOOK AT YOUR ZONING USE CHART THE BLACK DOTS INDICATE THE USE IS AUTHORIZED
[01:30:02]
WITHOUT ANY IT IS ABSOLUTELY YOU CAN DO IT IN THAT ZONING DISTRICT. THE EMPTY CIRCLES. OUR USES THAT REQUIRE AN S U P IN THAT DISTRICT AND IF THERE'S NO CIRCLE THAN IT IS NOT ALLOWED IN THE DISTRICT, SO IF YOU WERE GOING TO DO SOMETHING THAT WOULD BE AN AREA THAT YOU WOULD DO LIKE A PLANNED DEVELOPMENT. ANY QUESTIONS QUESTIONS ON YOUR ZONING NOOSE CHART. OKAY? SO WHAT DO WE DO WITH THE USE IS NOT LISTED ON THE CHART. JUST THE VERY THING YOU DID TONIGHT.A SPECIFIC USE PERMIT IS REQUIRED. WHEN AN APPLICATION FOR SPECIFIC USE COMES IN, THEN YOU HAVE THE CITY HAS TO PROVIDE NOTICE, BOTH IN THE NEWSPAPER AND INDIVIDUAL NOTICE TO ANYBODY WITHIN 200 FT. OF THAT REQUEST THAT THERE'S GOING TO BE A PUBLIC HEARING. WIRE. YES. THE CODE REQUIRES A MINIMUM OF 200 FT. SOME CITIES DO MORE, BUT EVERYBODY HAS TO DO A MINIMUM OF 200. YES FOR A ZONING CHANGE. ACTUALLY S UPS ARE NOT IN THEY'RE NOT IN THE CODE. THEY'RE NOT IN CHAPTER TILL 11. BUT ANY ZONING CHANGE AND IN ESSENCE, AN SUV IS A ZONING CHANGE. THEN WE REQUIRE THAT 200 FT NOTICE. YES. BUT THE CITY CAN ELECT MORE AND SOME CITY SOUTH. AND THEN AS YOU KNOW, THE YOUR THIS BODY. THE PLANNING AND ZONING COMMISSION MAKES A RECOMMENDATION TO COUNCIL ON WHAT TO DO WITH THAT SPECIFIC USE PERMIT. AND AGAIN, UM AND. THE CHAIRMAN MENTIONED SEVERAL TIMES THAT S U P IS CONSIDERED A ZONING CHANGE. IT DOES IT THE MAP. THE DESIGNATION OF AN S U P IS ADDED TO YOUR MAP. THEY CAN BE LIMITED IN DURATION. THEY CAN BE UNLIMITED IN DURATION, BUT IT IS, IN FACT A ZONING CHANGE. YOU CAN PUT CONDITIONS ON S UPS, AND YOU CAN RECOMMEND THAT THOSE CONDITIONS BE COMPLIED WITH BEFORE ANY KIND OF CERTIFICATE OF OCCUPANCY IS ISSUED. UM SPECIFIC USE. PERMIT CANNOT BE ENLARGED OR MODIFIED LATER OR SIGNIFICANTLY CHANGED FROM THE APPROVED SITE PLAN UNLESS AN AMENDED AS UPS GRANTED AND YOU CAN AMEND AN SUV. UM SO PLANNED DEVELOPMENTS. THOSE THOSE ARE KIND OF THOSE ARE IN MY WORLD. THOSE ARE KIND OF FUN BECAUSE IT LETS US DO THINGS THAT AREN'T IN THE RULES. AH SO A PLAN DEVELOPMENT IS A SPECIFIC ZONING CLASSIFICATION WITH UNIQUE PERMISSIBLE USES AND USE REGULATIONS. IT USUALLY ARISES BECAUSE OF AN AGREEMENT MADE WITH AN OWNER OR DEVELOPMENT DEVELOPER. IT TAKES THERE'S A FIVE STEP PROCESS TO GET A PLAN DEVELOPMENT NUMBER ONE. YOUR CODE REQUIRES A PRE APPLICATION MEETING THE DEVELOPER IN THE CITY GET TOGETHER AND TALK ABOUT WHAT THE PLAN IS AND WHAT WHAT KIND OF FACILITIES THE DEVELOPER WANTS TO PUT IN, UM HAVING THAT PRE APPLICATION MEETING REALLY EXPEDITES THE PROCESS OF GETTING THAT PLAN THROUGH. THE PLANNING AND ZONING COMMISSION AND THROUGH THE CITY COUNCIL. SO THAT AFTER THE PRE APPLICATION, MEANING THE PLAN DEVELOPMENT APPLICATION FOR REZONING, UM, COMES IN TO THE CITY. UM, THAT IS REVIEWED. ONCE THAT IS REVIEWED, AND, UM. APPROVED IN THERE, THE DEVELOPER WILL SUBMIT A PRELIMINARY PLATT ONCE THE PRELIMINARY PLATT IS APPROVED AND THE INFRASTRUCTURE IS, UH, LAID OUT. THEN THE CITY WILL SEE A FINAL PLATT. UM THE THERE'S A DIFFERENCE BETWEEN APPROVALS OF PRELIMINARY PLATZ AND FINAL PLANTS IN THAT ONCE IT GETS TO A FINAL PLOT IF THE DEVELOPER MEETS ALL THE REQUIREMENTS OF THE CODE THAT IS NOT DISCRETIONARY. THE FINAL PLAN MUST BE APPROVED AT THAT POINT.
PRELIMINARY PLANTS ARE DIFFERENT. THOSE YOU HAVE DISCRETION AND APPROVAL. BUT ONCE YOU GET TO THE FINAL AND STAFF BRINGS IT TO YOU, AND THEY SAY THE DEVELOPERS MET EVERYTHING. YOU DON'T HAVE ANY DISCRETION IT IT MUST BE APPROVED AT THAT POINT. UM AND THEN YOU'LL SEE A SIDE PLAN AND THEN, UM DEVELOPMENT STARTS AND YOU HAVE THIS NEW CREATIVE PLAN
[01:35:04]
DEVELOPMENT THAT THAT WORKS WELL FOR YOUR HOPEFULLY, KNOCK ON WOOD WORKS WELL FOR YOUR COMMUNITY. YES, YES.HMM. WELL, AND THAT'S WITH ANY PLANT. PLATT NOT JUST PLANNED DEVELOPMENTS. YEAH. THE PRELIMINARY PLAN IS WHERE YOU DO ALL OF THE ADJUSTMENTS AND YOU SEE, YOU KNOW. HAVE YOU ADDRESSED DRAINAGE? HAVE YOU ADDRESSED X Y AND Z. WHATEVER THE X Y AND Z YES. BUT THEN ONCE IT GETS TO THE FINAL PLUS STAGE , THAT'S WHERE YOU'VE LOST THAT. THAT'S WHERE YOU DON'T HAVE DISCRETION BECAUSE THE DEVELOPERS DONE EVERYTHING YOU ASKED HIM TO DO. SO. HMM WELL, NOW LET'S TALK ABOUT PLANTS AND SUBDIVISIONS. I GUESS I JUMPED THE GUN THERE A LITTLE BIT ON THAT DISCUSSION. UM OKAY. SO PLATS ARE GOVERNED BY CHAPTER 2 12 OF THE LOCAL GOVERNMENT CODE AND APPENDIX B OF THE DUNCANVILLE CODE. SUBDIVISION IS A DIVISION OF LAND AND TWO OR MORE PARTS BY USING MEATS AND BOUNDS DESCRIPTIONS FOR THE PURPOSE OF LAYING OUT SUBURBAN LOTS OR BUILDING LOTS OR ANY LAUNCH STREETS OR ALLEYS OR PARKS OR OTHER PORTIONS INTENDED FOR PUBLIC USE. OR THE USE OF PURCHASERS OR OWNERS OF LOTS FRONTING THERE ON AN ADJACENT THERE, TOO. THAT'S A MOUTHFUL. PLATT UM, IS NOT REQUIRED IF THERE ARE NO PUBLIC IMPROVEMENTS. THE TRACK HAS ACCESS AND IT IS LARGER THAN FIVE ACRES. THAT'S THE ONLY TIME OF PLATTS NOT REQUIRED. I THINK WE'RE GOING TO GET INTO THAT. WELL, NO, WE'RE ACTUALLY NOT. SO, UM, WHAT YOUR. APPENDIX B PROVIDES AND HONESTLY, I'VE GOT IT RIGHT HERE. BUT I DON'T KNOW ALL THE PROVISIONS OF IT. BECAUSE I DON'T COME TO YOUR MEETINGS. VERY WELL. THE FIRST TIME I'VE BEEN TO ONE, UH BUT WHEN YOU'RE LOOKING AT A PRELIMINARY, PLATT YES, YOU KNOW. I'M SURE THERE'S A PLATTER APPLICATION PROCESS. AND I'M SURE IN THAT PROCESS IT PROBABLY ADDRESS THIS DRAINAGE AND INFRASTRUCTURE AND PLOTTING AND . ALL OF THIS.
WELL AND I SEE A LOT OF THAT, YOU KNOW, IS A CHANGE IN THE IN THE ESTABLISHED PATTERN. IS THAT SOMETHING YOU WANT TO SEE? UM, MAYBE MAYBE NOT. UM WHAT I SEE MAINLY THE PROBLEMS I SEE IN PRELIMINARY PRELIMINARY PLANTS MAINLY HAVE TO DO WITH DRAINAGE. HAVE THEY ACCOUNTED FOR? YOU KNOW THEY'RE GOING TO BUILD. 50 HOUSES. WELL THAT'S REDUCED THE IMPERVIOUS COVER NOW WHAT? WHERE'S ALL THAT WATER GOING TO GO AND HAVE THE ACCURATELY ACCOUNTED FOR WHERE THAT WATER'S GOING? I DON'T KNOW. IF YOU GUYS HERE IN DUNCANVILLE HAVE AS MUCH TROUBLE AS SOME OF OUR OTHER CITIES. BUT SOME OF OUR CITIES HAVE BIG TROUBLE WITH WITH WATER AND WHERE THAT WATER IS GOING TO GO. SO, UM. IF SOME OTHER CITIES HAVE ISSUES WITH. AH TREE PRESERVATION. I DON'T KNOW IF YOU HAVE A LOT OF THAT. UM BUT THOSE ARE KINDS OF THINGS THAT YOU CAN REQUIRE THE DEVELOPER TO ADDRESS. UM, AND MAKE SURE THAT THAT WERE THERE SAYING THEY'RE GOING WITHOUT WATER. IT'S ACTUALLY GOING THERE. UM IF IT DOESN'T MAKE SENSE IF GRADES DON'T MAKE SENSE TO YOU MAKE THEM EXPLAIN IT TO YOU. WELL, PRELIMINARY PLATZ. WE'RE TALKING ABOUT PRELIMINARY PUTS FINAL PLATES OR DIFFERENT DEAL. BUT YEAH, MR WARREN, BY THE TIME HE BRINGS IT TO YOU, HE'S GONE THROUGH ALL THIS WITH THE DEVELOPER. YEAH. HE'S HE'S LOOKED AT WHAT THE DEVELOPER
[01:40:07]
PROVIDED AND SAID THIS MEETS OUR REQUIREMENTS. YEAH. HE'S GONE THROUGH A THOROUGH REVIEW. TO SAY THE APPLICATION IS COMPLETE . IT ADDRESSES EVERYTHING THAT WE REQUIRE IN THE APPLICATION.BECAUSE IF HE IF HE'S GOT 10 DAYS TO LOOK AT IT AND SAY THE APPLICATION IS COMPLETE, OR IT'S NOT COMPLETE. AND IF HE TELLS YOU KNOW THE DEVELOPER, OKAY? YOU HAVEN'T ADDRESSED WHERE THE WATER IS GOING. UM THEN THE DEVELOPER IS GOING TO HAVE 45 DAYS TO CORRECT THAT OR START ALL OVER. NOW WHAT I CAN TELL YOU IS. AND WHAT I HAVE FOUND BASED ON MY VERY OWN BACKYARD.
THE DEVELOPER SAID THE WATER WAS GOING TO GO IN A NATURAL DRAINAGE AREA. WILL IT DID? UNTIL THE DEVELOPMENT WAS COMPLETE, AND NOW IT'S CREEPING INTO MY BACKYARD. BECAUSE THEY DIDN'T REALLY ADDRESS THE ACTUAL FLOW OF WATER. THE ACTUAL AMOUNT THAT THEY WERE GOING TO HAVE THE COVERAGE OF THOSE LOTS. SO THOSE ARE THINGS YOU HAVE THE ABILITY TO QUESTION JUST BECAUSE THEY'VE PROVIDED. A PLAN FOR DRE, AND I KNOW I TALKED ABOUT WATER BECAUSE THAT'S THE ONE THING THAT WE TALKED ABOUT ALL THE TIME. UM IF YOU SEE SOMETHING IN A PLAN, AND YOU'RE LIKE I JUST DON'T KNOW IF THIS IS ADDRESSED. THEN YOU HAVE THE NOT JUST THE RIGHT BUT THE RESPONSIBILITY AS THIS BODY TO QUESTION IT AND SAY, OKAY, I WANT TO KNOW HOW YOU KNOW I WANT MORE DETAIL ABOUT WHAT THIS LOOKS LIKE. AND I'M SORRY, BECAUSE I KNOW YOU'RE JUST WANTING TO PUNCH ME IN THE BACK OF THE HEAD FOR A SECOND THAT, BUT BUT BUT IT'S TRUE. I MEAN, THAT'S WHAT YOU DO AND YOU HAVE THERE. I MEAN, I KNOW HE'S A PROFESSIONAL, AND HE DOES HIS JOB. UM I KNOW THE PEOPLE WHO APPROVED THE DEVELOPMENT JUST UP FROM MY HOUSE OR PROFESSIONALS, AND THEY DID THEIR JOB. BUT IT JUST SO HAPPENED THAT WHEN. WATER STARTED FLOWING AND GOD DECIDES HOW MUCH IS COMING DOWN ONE TIME. IT UM YOU KNOW IT CHANGE, THINGS CAN CHANGE. FROM PLANTS TO REALITY. SO YEAH, I ENCOURAGE YOU TO IF YOU'VE GOT QUESTIONS ASKED BECAUSE THAT'S WHAT HE'S HERE FOR, IS TO ANSWER THOSE QUESTIONS OR MAKE THE DEVELOPER ANSWER ON FOR YOU. OKAY? SO MOVING ON TO ZONING RELATED ISSUES. UM, THESE ARE KIND OF THE BIG ONES THAT WE SEE. UH PROTEST SPOT ZONING TAKING NONCONFORMING USES AND STRUCTURES, MORATORIUMS, VESTED BRATS AND PUBLIC SCHOOLS. THE FIRST AND THAT WE SEE THE MOST OF HIS PROTESTS. AND REALLY, WE DON'T SEE THAT MANY PROTESTS OR AT LEAST I DON'T UM, BUT A PROTEST HAS TO BE IN WRITING. IT HAS TO BE SIGNED BY AT LEAST 20% OF THE OWNERS AND THE 200 FT AREA. AND IF YOU DO HAVE A PROTEST, THEN YOU DO HAVE TO HAVE A SUPERMAJORITY VOTE. YES YES, THAT'S ON A ZONING. WELL, THAT'S ON A ZONING CHANGE ANY ANY TIME YOU'VE GIVEN NOTICE, AND YOU'VE HAD A PUBLIC HAIR. YOU GET A PROTEST? YEAH. YEAH.
YES. YEAH SO WHEN WE WHEN THE CITY SENDS OUT THAT NOTICE IF THERE'S 20% OF THE PEOPLE WHO PROTEST THEN TO APPROVE WHATEVER HAS BEEN REQUESTED, REQUIRES A THREE QUARTER VOTE. OF THE MEMBERS, SO THAT'S WHEN YOU'RE SEVEN. COME INTO PLAY, AND YOU'VE GOT TO MAKE SURE YOU'VE GOT ENOUGH HERE TO COVER THAT THREE QUARTERS.
I BELIEVE SO ANYTIME THERE IS A WRITTEN PROTESTS. FINAL PLACE, AND THAT'S THE DIFFERENCE.
PRELIMINARY PLATZ. ONE THING A FINAL PLAN IS A IS A DIFFERENT ANIMAL BECAUSE IT'S ALREADY BEEN APPROVED. AND THAT'S SIMPLY WHAT YOU EXPLAIN TO AND REALLY DO YOU EVEN SEND OUT NOTICE ON YOU? DON'T SEND 200 FT NOTICE ON A FINAL PLAN, DO YOU? BECAUSE WE'VE ALREADY DONE IT ON THE YEAH. SO I DON'T BELIEVE THAT NOTICE GOES OUT. BUT REGARDLESS, I'VE SEEN 100 TIMES WHEN PEOPLE COME IN BECAUSE THEY DIDN'T COME IN. WHEN THE PRELIMINARY PLATT WAS BEING CONSIDERED, AND THEY
[01:45:03]
COME IN THE FINAL AND NOBODY WANTS IT. WATER. WILL THEY MISSED THEIR WINDOW COMPLYING? FINAL IS THE FINAL.RIGHT? HMM. RIGHT WELL, YOUR PROTEST IS A VERY SPECIFIC THING . IT'S GOVERNED BY THE LOCAL GOVERNMENT CODES. SO IT HAS TO BE IN WRITING AND IT HAS TO BE 20% OF THE PEOPLE. OTHERWISE.
IT'S NOT AN OFFICIAL PROTEST AND YOU GO ON WITH YOUR NORMAL VOTING PROCEDURES. MM. SPOT ZONING. JUST DON'T DO IT. AH IT'S THE SICK, SINGLING OUT AND REZONING OF A SMALL TRACK FOR PREFERENTIAL TREATMENT DIFFERENT FROM THE SURROUNDING LAND AND UNSUPPORTED BY CHANGES IN CONDITIONS. UM, A LOT OF PEOPLE SAY WELL IN THAT JUST TO PLAN DEVELOPMENT. UM NO, IT'S NOT.
IT'S REALLY MORE OF A QUID PRO QUO KIND OF SITUATION. OKAY, WELL, IF YOU'RE WE'RE GONNA WE'RE GONNA DO THIS VERY SPECIAL THING FOR YOU BECAUSE SOME REASON OTHER THAN IT'S GOOD FOR THE COMMUNITY. TAKINGS THERE ARE SEVERAL KINDS OF TAKINGS. WELL THERE'S ACTUALLY TWO PHYSICAL INVASION AND A REGULATORY TAKING PHYSICAL INVASION. THAT'S WHERE WE GO IN, AND WE TAKE THE LAND THE ACTUAL PROPERTY ITSELF. WOULD YOU GUYS DEAL WITH OUR REGULATORY TAKINGS? AND THAT IS WHEN YOU DEPRIVE YOU. THERE'S A DEPRIVATION OF ALL ECONOMICALLY BENEFICIAL USE. AND REASONABLE INTERFERENCE MEASURED BY THE SEVERITY OF THE ECONOMIC IMPACT AND INTERFERENCE WITH THE OWNERS, DISTINCT INVEST INVESTMENT BACKED EXPECTATIONS. SO WHEN WE. WHEN SOMEBODY BUYS LAND, AND IT'S ZONED. ONE THING. AND WE GO IN AND REZONE IT ON THE CITY'S OWN REQUEST. OR OR YOU KNOW, WE CHANGE THE ZONING FOR AN AREA. AND. OR ACTUALLY, THE MORE THE ONE THAT I'VE SEEN.
MOST RECENTLY WAS WE HAD A PIECE OF PROPERTY ON OUR COMPREHENSIVE PLAN ZONED AS ONE TYPE OF RESIDENTIAL UH AND. BUT IT WAS AT THAT POINT. ZONED. UH, LIKE RESIDENTIAL. I THINK IT WAS R ONE. SO IT WAS ONE ANCHOR. BUT ON THE COM PLAN, IT WAS A HARD DENSITY, SO THEY BOUGHT IT AND THEY WENT TO REZONE IT AND WE WEREN'T GOING TO LET THEM REZONE IT. WELL THAT'S WHEN YOU START GETTING INTO REGULATORY TAKINGS BECAUSE WE SET ON OUR COMP PLAN. THIS IS WHAT WE THINK THIS PROPERTY SHOULD BE. BUT NOW WE'RE NOT GONNA APPROVE IT BECAUSE SOMEWHERE ALONG THE WAY WE CHANGED OUR MIND, AND WE DIDN'T UPDATE ARQAM PLANT. UM THAT'S WHEN YOU GET INTO A REGULATORY TAKING ALSO, YOU KNOW IF WE WENT IN AND DID A BLANKET REZONING WHERE WE WERE TAKING, YOU KNOW, PEOPLE BOUGHT A PIECE OF PROPERTY WITH A CERTAIN INVESTMENT IN MIND THAT THAT'S WHERE YOU GET INTO THOSE THINGS . HOPEFULLY THE CITY STAFF. REMEDIES THOSE BEFORE THEY GET TO TAKING, BUT SOMETIMES WE DON'T SOMETIMES THERE'S NOTHING WE CAN DO, BUT JUST FOUGHT THAT BATTLE AND HOPE THAT WE'VE GOT ENOUGH LEGAL UNDERPINNING TO WIN THE BATTLE. TAKINGS CASES. UM.
THE MAYHEW K SOUND OF SUNNY VILLE. THAT WAS ONE WHERE THE CITY REFUSED TO CHANGE. ONE ACRE MINIMUM LOT SIZE. UM AND THE CITY LOST. UM THIS PARTICULAR DEVELOPER HAD GONE IN AND GONE TO THE CITY WITH A BUNCH OF DIFFERENT PLANS TRYING TO GET SOMETHING APPROVED. AND THE CITY JUST DIDN'T WANT ANYTHING SMALLER THAN ONE ACRES. OUR ONE ACRE LOTS AND THEIR, UM LEGAL UNDERPINNING FOR THEIR ARGUMENT WAS NOT REAL SOUND. SO CITY LOSS ENDED UP HAVING TO PAY QUITE A BIT OF MONEY. UM FLOWER MOUND WAS A DIFFERENT WELL, I'M GONNA SKIP SHEFFIELD BECAUSE GLENN
[01:50:04]
HATS BECAUSE IT'S PRETTY SIMILAR. UH TO THE MAKE YOUR CASE, BUT THE FLOWER MOUNTAIN CASE WAS INTERESTING BECAUSE IN THAT ONE, THE DEVELOPER WE APPROVED EVERYTHING, BUT THEN WE WANTED THE DEVELOPER TO WIDEN THE STREET THAT WAS OUTSIDE OF THE DEVELOPMENT. SO THE DEVELOPER SAID. OKAY, I'LL DO IT. BUT I'M GONNA SEE YOU OVER IT BECAUSE I DON'T THINK I SHOULD HAVE TO. AND THE DEVELOPER ONE SO WE CAN'T REALLY MAKE DEVELOPERS DO THINGS THAT ARE NOT WITHIN THEIR DEVELOPMENT. UM BUT AGAIN PLANNED DEVELOPMENTS. YOU CAN MAKE ANY KIND OF DEALS YOU WANT TO MAKE. NONCONFORMING USES STRUCTURES AND LOTS UM AGAINST STRUCTURE A LOT THAT PREDATES THE EFFECTIVE DATE OF YOUR ZONING REGULATION. UM THAT'S HOW A NONCONFORMING SITUATION OCCURS . A NONCONFORMING USES ONE THAT WAS THAT EXISTING USES NO LONGER ALLOWED IN THE ZONING DISTRICT. SO YOU KNOW IF SOMETHING GOES FROM, UM UM COMMERCIAL TO RESIDENTIAL. YOU'RE NOT GOING TO ALLOW ANY MORE COMMERCIAL USES IN THE AREA. UM STRUCTURES.THAT'S THE ONE I SEE THE MOST OF WHERE YOU'VE GOT, UM SETBACKS. THAT'S THE BIGGEST ONE THE ONE I SEE THE MOST SETBACKS OR HOT RESTRICTIONS THAT ARE NO LONGER BEING MET BECAUSE THE. THE RULES CHANGED, UM. USUALLY IT WHAT? WHAT? I SEE A LOT OF HIS SETBACKS WHERE THEY WERE. THE CITY MAY HAVE GONE FROM A REQUIRING A 10 FT. SETBACK TO A 20 FT SETBACK. AND NOW EVERYBODY'S GOTTA, UM, STORAGE BUILDING. THAT'S IN THE SETBACK SO AS SOON AS THAT STORAGE BUILDING THERE IS NO LONGER IN USE OR COLLAPSES. YOU GOTTA MOVE IT INTO AND MORE FEET. UM AND LIKE DIMENSIONS. THAT'S ANOTHER ONE WHERE YOU MAY HAVE BEEN AT A AND, UH, YOU KNOW, A HALF ACRE ZONING DISTRICT, AND THEN IT GETS MOVED TO A ONE ACRE ZONING DISTRICT. AND SO THE LOT NO LONGER FITS THE DIMENSIONS. AND THOSE. NONCONFORMING USES CAN EVENTUALLY BE ELIMINATED BY ABANDONMENT. USUALLY THAT'S SIX MONTHS. UM BUT DESTRUCTION WITHOUT RESTORATIONS, STORAGE BUILDING BURNS DOWN. YOU DON'T REBUILD IT FOR 12 MONTHS. YOU DON'T GET TO PUT IT WHERE IT WAS. AND AMORTIZATION, WHICH, UH, THE CITY COUNCIL AND THE ZONING BOARD OF ADJUSTMENTS WOULD SET AN AMORTIZATION SCHEDULE AND THAT'S WHEN EVERYBODY COMES IN COMPLAINING THAT HAS THAT SITUATION. UM OKAY . SO VESTED, ROTS VESTED RIGHTS ARE GOVERNED BY CHAPTER 2 45 OF THE LOCAL GOVERNMENT CODE. UM A PERMIT APPLICATION IS TO BE REVIEWED BASED ON THE REGULATIONS IN EFFECT WHEN THE APPLICATION IS FIRST FILED. LATER REGULATORY CHANGES AFFECTING THE PROJECT WILL NOT APPLY TO THE PROJECT. SO IF RULE IF I FILE AN APPLICATION AND THE RULES CHANGE HERE, BUT THE DECISION IS NOT MADE UNTIL HERE. THEN I GET THE BENEFIT OF THE RULES THAT WERE IN PLACE WHEN I MADE MY APPLICATION. UM. VESTED RIGHTS ARE DESIGNED TO PROTECT THE PRIVATE PROPERTY AND DEVELOPMENT RIGHTS OF LANDOWNERS FROM THE APPLICATION OF RETROACTIVE RULEMAKING BY CITIES AND OTHER GOVERNMENTAL ENTITIES. UM. IN MY CAREER. I'VE ONLY DEALT WITH VESTED RIGHTS A COUPLE OF TIMES. UM BUT IT SEEMS TO BE IN THE HILL COUNTRY. THEY DEAL WITH IT QUITE A BIT. AROUND SAN ANTONIO AND AUSTIN. MORATORIUMS MORATORIUMS ARE RESOLUTIONS OR ORDINANCES THAT PROHIBIT THE SUBMISSION. OR ACCEPTANCE OF PERMIT APPLICATIONS OR ISSUANCE OF NEW PERMITS. THAT WOULD BE. YOU'D PUT IN A MORATORIUM IN PLACE IF YOU'RE GETTING READY TO MAKE A BIG CHANGE TO YOUR ZONING CODE. THAT WAY. YOU DON'T HAVE TO DEAL WITH CHAPTER 2 45 VESTED RIGHTS BECAUSE YOU'RE NOT ACCEPTING PERMITS OR YOU'RE NOT TAKING APPLICATIONS. BECAUSE YOU WANT TO GET THOSE RULE CHANGES TAKEN CARE OF. AH! WE'LL SEE. THAT'S PRETTY MUCH THAT. OKAY PUBLIC SCHOOLS ARE PRETTY MUCH EXEMPT FROM ZONING REQUIREMENTS. UH FOR PURELY EDUCATIONAL FACILITIES. BUT, UM. THINGS LIKE BUS BARNS, MAINTENANCE FACILITIES. THOSE ARE SUBJECT TO ZONING. UH, REQUIREMENTS. SO THAT IS IT. FOR WHAT YOU GUYS DO WHAT YOU GUYS
[01:55:04]
SEE. NOW WE'LL TALK ABOUT THE TEXAS OPEN MEETINGS ACT BRIEFLY. UM THE PLANNING AND ZONING COMMISSION AND THE ZONING BOARD OF ADJUSTMENTS ARE SUBJECT TO THE TO THE TEXAS OPEN MEETINGS ACT. EVERY REGULAR SPECIAL OR CALLED MEETING, INCLUDING WORKSHOPS. MUST BE OPEN TO THE PUBLIC UNLESS A PORTION IS AUTHORIZED TO BE CLOSED BY THE ACT. AND THAT WOULD BE IN YOUR CASE. MOST LIKELY IT WOULD ONLY BE FOR LEGAL ADVICE. THE ACT REQUIRES 72 HOURS AND POSTED NOTICE BEFORE A MEETING MAY BE HELD. UM. WHAT OUR SECRET DELIBERATIONS OR WHY ARE THEY A PROBLEM? UH, BASICALLY DON'T CONTACT EACH OTHER BY TELEPHONE . EMAIL TEXT MESSAGE, SOCIAL MEDIA OR SOCIAL MEDIA. FOR THE PURPOSE OF ARRIVING OUT OF DECISION OR CONSENSUS CONCERNING PUBLIC BUSINESS. SO YOU WANT TO TALK TO EACH OTHER? YOU WANT TO GO HAVE COFFEE AT DAIRY QUEEN. I DON'T CARE. JUST DON'T TALK ABOUT THE BUSINESS THAT YOU DO ON THIS BOARD THERE. UM THE GOLDEN RULE IS IF THE PUBLIC IS DEPRIVED OF THE OPPORTUNITY TO SEE AND HEAR YOU IN ACTION.CONDUCTING BUSINESS, THEN DO NOT ENGAGE IN THAT BUSINESS INSTEAD , WAIT TO CONDUCT BUSINESS AT A PROPERLY NOTICED MEETING. NOW CLOSED MEETINGS. UM. ARE LIMITED TO THE SPECIFIC PURPOSES SPECIFIC PURPOSES SET OUT IN THE ACT. THEY ALSO MUST BE NOTICED. BE ON YOUR AGENDA. MOST OFTEN FOR YOU. LIKE I SAID, IT'S TO SEEK THE ADVICE OF AN ATTORNEY. AND TO GO INTO CLOSED SECTION SESSION. YOU HAVE TO OPEN THE PUBLIC MEETING. UM AND THEN GO INTO YOUR CLOSED SESSION.
DISCUSS WHATEVER YOU'RE GONNA DO. YOU CAN'T TAKE ANY VOTES OR ANY OFFICIAL ACTION WHILE YOU'RE IN CLOSED SESSION. UM, BUT THEN YOU COME OUT OF YOUR CLOSED SESSION, RECONVENE AND TAKE WHATEVER ACTION THAT YOU YOU NEED TO TAKE. IF ANY, AND THEN AN AGENDA HAS TO BE KEPT OF THAT, UH, A CERTIFIED AGENDA HAS TO BE KEPT. WHICH MOST CITIES AND I'M SURE THIS CITY DOES IT AS WELL. BUT I'M GONNA MENTION IT'S THE CHAIRMAN'S RESPONSIBILITY TO MAKE SURE THAT AGENDA IS KEPT SO THERE YOU GO. AH OKAY, SO I'VE GOT A QUICK LITTLE Q AND I HEAR COULD COMMUNICATIONS BETWEEN PUBLIC OFFICIALS. ON A FACEBOOK PAGE OR TWITTER ACCOUNT CONSTITUTE VIOLATION OF THE TEXAS OPEN MEETINGS ACT. YES COMMUNICATION AMONG A QUORUM OF COUNCIL MEMBERS OUTSIDE OF AN OPEN MEANING WOULD CONSTITUTE A VIOLATION OF THE ACT. I DON'T KNOW HOW INVOLVED ANY OF YOU ARE IN SOCIAL MEDIA. BUT JUST DON'T TALK ABOUT THE BUSINESS YOU DO ON THIS BOARD. ON YOUR SOCIAL MEDIA PAGE. IT IT'S JUST JUST TOO EASY TO COME BACK AND BUY YOU. YOU KNOW IF YOU WANT TO SAY THE CITY OF DUNCANVILLE IS HOSTING SPRING FLING, EVERYBODY COME THAT'S NOT THE BUSINESS OF THIS BOARD AND POST AWAY. BUT IF YOU WANT TO SAY WE'RE CONSIDERING, UM. ALLOWING. MINOR AUTOMOBILE REPAIR. NOW YOU'RE TALKING ABOUT BUSINESS OF THIS BOARD. AND THAT COULD GET YOU INTO TROUBLE. UM AT THE SAME TIME, I SAY THAT I'M TELLING YOU , I'M NOT STEPPING ON YOUR FIRST AMENDMENT RIGHT TO TALK ABOUT WHATEVER YOU WANT TO TALK ABOUT.
BUT IT IS A FINE LINE. SO BE CONSCIOUS OF IT AND DECIDE FOR YOURSELF. IF IT'S WORTH IF WHAT YOU'RE PUTTING OUT THERE IS WORTH WHAT. YOU KNOW IF YOU JUST PUT IT OUT THERE AND THEN YOU DON'T COMMENT AGAIN. YOU'RE OKAY. THE PUBLIC CAN COMMENT ON IT. YOU DON'T COMMENT. YOU'RE STILL OKAY? BUT IF CHAIRMAN DAVIS PUTS IT OUT THERE AND THEN MR WHEELER AND MISS THOMPSON AND MS RODRIGUEZ ARE MR RODRIGUEZ. NOW YOU'VE HAD FOUR PEOPLE COMMENT ON ONE POST. YOU GOT A QUORUM. YOU MAY HAVE A MEETING. SO IT'S JUST BEST TO NOT COMMENT ON ANYBODY ELSE'S POSTS. UM AND YEP. YOU'RE PROBABLY BETTER OFF SAYING COME TO THE PLANNING AND ZONING COMMISSION BECAUSE WE'RE CONSIDERING A LOT OF IMPORTANT STUFF. INSTEAD OF SAYING WE ARE CONSIDERING WHETHER OR NOT TO ALLOW A MINOR. GARAGE. REPAIR SHOP TO COME IN. ANYWAY AGAIN, NOT TRAMPLING YOUR FIRST
[02:00:08]
AMENDMENT RIGHTS. CITIZEN APPEARANCE. CITIZENS HAVE THE RIGHT TO SPEAK AT PUBLIC MEETINGS. UM, AT THE. COMMENTS SECTION THAT THAT THE CITIZENS COMMENT AS YOU DID IT TONIGHT IS DURING THE OPEN MEETING. THEY CAN COMMENT ON ANYTHING THAT'S NOT ON THE AGENDA, BUT YOU DON'T COMMENT. THEY SAY SOMETHING? YOU KNOW YOU CAN SAY THANK YOU. WE'LL HAVE STAFF ADDRESS IT AND THEN YOU CAN DECIDE LATER IF YOU WANT TO PUT ON YOUR AGENDA FOR ANOTHER MEETING. AH! SO THAT COVERS THAT PRETTY QUICK. VIOLATIONS OF THE OPEN MEETINGS ACT. ACTION TAKEN CAN BE SET ASIDE. UM. IT'S ALSO A MISDEMEANOR, BUT BUT IT CAN ALSO BE CURED AT A SUBSEQUENT MEETING . SO IF YOU TAKE AN ACTION THAT'S IN VIOLATION OF THE OPEN MEETINGS ACT. YOU CAN COME BACK AT A REGULAR UH, PUBLISHED NOTICED MEETING AND FIX THE PROBLEM. UM. IT CAN ALSO BE A MISDEMEANOR FOR MEMBERS TO KNOWINGLY CONSPIRED TO CIRCUMVENT THE ACT BY PARTICIPATING IN ILLEGAL CLOSED MEETINGS, INCLUDING WALKING QUORUM, WHICH IS YOUR FACEBOOK.DAISY CHAIN PHONE CALLS AND SO FORTH. UM. AND IT IS A CRIME TO DISCLOSE THE CERTIFIED AGENDA OR RECORDING OF THE CLOSED MEETING. SO EVEN THOUGH WE'RE REQUIRED TO KEEP THOSE AGENDAS NOBODY CAN EVER SEE THOSE AGENDAS. OKAY SO THE PUBLIC INFORMATION ACT THE ACT MAKES PUBLIC THAT IS, IT GIVES ACCESS TO THE PUBLIC TO ALL INFORMATION THAT IS CREATED , COLLECTED, ASSEMBLED OR MAINTAINED UNDER A LAW OR ORDINANCE OR IN CONNECTION WITH TRANSACTION OF OFFICIAL CITY BUSINESS. THIS INCLUDES EVERY FORM OF INFORMATION THAT THE CITY OWNS OR HAS ACCESS TO.
THAT'S YOUR EMAILS, TEXT, SOCIAL MEDIA POSTS, PAPER AND ELECTRONIC RECORDS, VIDEO RECORDINGS, AUDIO RECORDINGS, WHATEVER IT HAPPENS TO BE. UM SO IF YOU HAVE EMAIL THAT COMES TO YOUR PERSONAL EMAIL ACCOUNT THAT IS A PUBLIC RECORD. MAKE SURE THAT YOU DO NOT DELETE OR DESTROY THOSE EMAILS. PUT THEM IN A FOLDER SOMEWHERE. UM I USED TO SAY, SEND THEM TO THE CITY SECRETARY UNTIL CITY SECRETARY STARTING JUST WANT TO LITERALLY SLIT MY THROAT OVER THAT ONE. SO KEEP THEM IN A JUST CREATE A FOLDER. SET THEM ASIDE THAT WAY , IF THE RECORD IS EVER REQUESTED, ALL YOU'VE GOTTA DO IS SEND IT THEN, TOO. THE RECORD THE PERSON DOING THE REQUESTING WHICH IS SOMEBODY FROM THE CITY. SO THAT THEY CAN BE DISCLOSED. BECAUSE IF YOU DESCRIBE DESTROY THEM, THAT IS ALSO A CRIME. UM. YOUR EMAIL COMMUNICATIONS TEXT MESSAGE SO SOCIAL MEDIA POSTS.
THAT RELATE TO CITY BUSINESS OUR PUBLIC INFORMATION AND ARE GENERALLY SUBJECT TO DISCLOSURE AND RESPONSE TO A REQUEST FROM A CITIZEN. HOME PERSONAL EMAIL, TEXT MESSAGES AND SOCIAL MEDIA POSTS ON PERSONAL COMPUTERS. AND DEVICES ARE PUBLIC RECORDS IF THEY RELATE TO CITY BUSINESS.
NOBODY CAN MAKE US TURN OVER PICTURES OF YOUR KIDS OR YOUR GRANDKIDS, BUT ANYTHING YOU POST ABOUT YOUR BUSINESS HERE. THEY CAN MAKE US TURN OVER. UM. THE ACT REQUIRES PRESERVATION AND TRANSFER OF PUBLIC INFORMATION HELD BY THE TEMPORARY CUSTODIAN. YOU'RE THE TEMPORARY CUSTODIAN.
UM EVEN WHEN YOU'RE NOT ON THIS BODY. YOU'RE STILL THE TEMPORARY CUSTODIAN. SO ONCE YOU CREATE THAT FILE, AND YOU THROW THOSE EMAILS OR TEXT MESSAGES OR WHATEVER OVER THERE JUST LEAVE IT ALONE UNTIL SOMEBODY ASKS FOR IT. AND IF THEY NEVER DO THEN THANK GOODNESS THEY NEVER DID ASK FOR IT. BUT MAKE SURE YOU PRESERVE ANY, UH, INFORMATION YOU HAVE ABOUT YOUR BUSINESS ON THE THIS BODY. SO A QUICK NOTE AGAIN ABOUT SOCIAL MEDIA AND I KNOW I'M JUST HAMMERING YOU ABOUT THIS, BUT IT JUST IT. PEOPLE GET CAUGHT UNINTENTIONAL . I MEAN, NOBODY CAN EVER SAY THAT YOU POSTED INTENTIONALLY ON YOUR SOCIAL MEDIA ACCOUNT, TRYING TO DO THE BUSINESS OF THE GOVERNMENT. BUT IT HAPPENS BY ACCIDENT. SO WHAT YOU WANT TO DO IS AVOID THE APPEARANCE THAT
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MEMBERS ARE DELIBERATING THE POSTINGS. UM AND COMMENTS ON THOSE POSTINGS. UM SO AGAIN.WHEN YOU POST SOMETHING THAT HAS TO DO WITH YOUR BUSINESS, YOU'RE A TEMPORARY RECORDS CUSTODIAN.
IT CAN BE CONSTRUED AS AN ILLEGAL MEETING. AND YES, AGAIN . I'M GOING TO SAY I'M NOT TRYING TO STEP ON YOUR FIRST AMENDMENT RIGHTS. AND, UM. WE RECOMMEND IF YOU DO POST ON YOUR SOCIAL, YOUR SOCIAL MEDIA THAT YOU INCLUDED DISCLAIMER STATEMENT THAT SAYS, THESE ARE MY OWN PERSONAL OPINIONS AND DO NOT NECESSARILY REFLECT THE POSITION OF THE CITY OF DUNCANVILLE. BOARD OR COMMISSION , OF WHICH I MAY BE A MEMBER. AND UM, THAT ANY MEDIA INQUIRIES SHOULD BE REFERRED TO THE CITY MANAGER'S OFFICE. SO IF YOU DO POST ON YOUR IF YOU'LL JUST STICK THOSE TWO LITTLE DISCLAIMERS ON THERE THAT WAY, UM. YOU HAVE LESS OF A CHANCE OF THE POST BEING EVER BEING CONSTRUED AS A MEETING. YEAH SO NOW WE'RE GOING TO TALK BRIEFLY ABOUT CONFLICTS OF INTEREST. CHAPTER 1 71 OF THE TEXAS LOCAL GOVERNMENT CODE. UM DEALS WITH CONFLICTS OF INTEREST. A MEMBER COMMITS AN OFFENSE IF HE OR SHE KNOWINGLY PARTICIPATES IN A VOTE OR DECISION ON A MATTER INVOLVING A BUSINESS ENTITY OR REAL PROPERTY IN WHICH THE OFFICIAL HAS A SUBSTANTIAL INTEREST. AND A SUBSTANTIAL INTEREST IS DEFINED AS SEVERAL THINGS ONE OF BUSINESS INTEREST. WHERE YOU OWN AT LEAST 10% SHARE OF THE VOTING STOCK OR $15,000 FAIR MARKET VALUE OF THE BUSINESS OR YOU RECEIVE FUNDS EQUALING 10% OF YOUR GROSS INCOME. FROM THE BUSINESS. SO SO THAT'S A BUSINESS INTEREST. A REAL PROPERTY INTEREST IS UH, IT IS REASONABLY FORESEEABLE THAT AN ACTION ON THE MATTER WILL HAVE SPECIAL ECONOMIC AFFECT DISTINGUISHABLE FROM ITS EFFECT ON THE PUBLIC. SO. IF YOUR OFFICIAL IF YOUR INTEREST EITHER EQUITABLE OR LEGAL OWNERSHIP HAS A FAIR MARKET VALUE OF $2500 OR MORE IN REAL PROPERTY. THEN YOU HAVE A SUBSTANTIAL INTEREST IN THE REAL PROPERTY AND YOU NEED TO RECUSE YOURSELF FROM VOTING ON ANYTHING THAT HAS TO DO WITH THAT PIECE OF REAL PROPERTY. UM . SO WE'VE TALKED ABOUT BUSINESS. WE TALKED ABOUT REAL PROPERTY. THE FINAL INTEREST IS YOUR FAMILY MEMBERS. UM A SUBSTANTIAL INTEREST IS RELATIVE IN THE FIRST DEGREE BY EITHER CONTENT, GWYN ITTY OR AFFINITY.
AND I LOVE THESE LITTLE TABLES BECAUSE I CAN I'M ALWAYS SOMEBODY 72ND COUSIN REMOVED, BLAH, BLAH, BLAH, BLAH. SO BASICALLY IN THIS LITTLE TABLE, YOU ARE THE CENTER OF THE UNIVERSE ALWAYS LIKE TO BE THE CENTER OF THE UNIVERSITY. SO ON THE FIRST DEGREE OF CONSTANT GWYN ITTY UM, WE'RE TALKING ABOUT PARENTS AND CHILDREN. FIRST DEGREE OF AFFINITY WE'RE TALKING ABOUT YOUR SPOUSE. SO THE SECOND DEGREE THIRD DEGREE FOURTH DEGREE YOU DON'T HAVE TO PAY AS MUCH ATTENTION TO AS YOU DO THOSE FIRST DEGREE LEVELS. IF YOU DISCOVER THAT YOU HAVE A CONFLICT OF INTEREST, YOU HAVE TO FILE AN AFFIDAVIT REVEALING THE NATURE AND EXTENT OF THE INTEREST. WITH THE BOARD OR COMMISSION SECRETARY. AND YOU HAVE TO ABSTAIN FROM PARTICIPANTS PARTICIPATION IN THE MATTER WHICH MEANS NOT JUST LEAVE THE DIOCESE BUT LEAVE THE ROOM. SO THAT THERE CAN NEVER BE A QUESTION OF WHETHER YOU WERE INVOLVED IN THE VOTE ON THE MATTER. AND FINALLY, I THINK, FINALLY, WE'RE GETTING CLOSE TO THE END THE CITY CODE OF ETHICS.
TO AVOID THE APPEARANCE OR RISK OF IMPROPRIETY. A CITY CITY OFFICIAL, WHICH INCLUDES BOARDING COMMISSION MEMBER SHALL NOT TAKE ANY OFFICIAL ACTION. THAT'S SUBSTANTIALLY AFFECTS AND I POSITIVE WAY THE ECONOMIC INTEREST OF THE OFFICIAL HIS PARENT, CHILD, STEP CHILD, SPOUSE OR OTHER FAMILY MEMBER WITHIN THE SECOND DEGREE, OKAY, THAT'S WHY I PUT THIS IN HERE BECAUSE THE CODE SAYS ONE THING, THE STATE CODE SAYS ONE THING. YOUR CODE OF ETHICS, SAYS
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ANOTHER. THE SECOND DEGREE OF CONCEPT GWYN ITTY OR AFFINITY, SO WHEN YOU GO BACK TO THAT TABLE GO. TWO STEPS ABOVE YOU, THE CENTER OF THE WORLD. UM TO MAKE SURE THAT YOU ARE NOT VIOLATING THE CITY CODE OF ETHICS. UM MY BUSINESS ENTITY IN WHICH THE OFFICIAL KNOWS OR SHOULD HAVE KNOWN THAT HE OR A FAMILY MEMBER WITHIN THE SECOND DEGREE OF CONSTANT GWYNEDD E.OUR SECOND DEGREE HOLDS AN ECONOMIC INTERESTS DEFINED AS LEGAL OR EQUITABLE PROPERTY OR CONTRACTUAL INTEREST VALUED AT $50,000 OR MORE. A BUSINESS ENTITY. IN WHICH ANY. OF THE SECOND DEGREE RELATIVES HOLDS AN ECONOMIC INTEREST, A BUSINESS ENTITY OR NONPROFIT ENTITY FOR WHICH THE OFFICIALS SERVES AS AN OFFICER OR DIRECTOR. OR IN ANY OTHER POLICY OR POSITION. SO MAKE SURE. IF YOU THINK YOU HAVE AN INTEREST MAKE SURE YOU TALK TO STAFF ABOUT IT. AND IF YOU DETERMINE YOU DO FILE THE APPROPRIATE FORMS. MM HMM. OKAY AND THE KIND OF ETHICS ACTUALLY GOES QUITE FAR. SEVERAL. GOES BEYOND THE STATE LAW. UM THE CODE OF ETHICS PROVIDES A PERSON OR BUSINESS ENTITY FROM WHOM THE OFFICIAL DIRECTLY OR INDIRECTLY HAS SOLICITED. WITHIN THE PAST 24 MONTHS AND OFFER OF EMPLOYMENT OR BUSINESS OPPORTUNITY. HAS RECEIVED AND NOT REJECTED AN UNSOLICITED OFFER OF EMPLOYMENT OR BUSINESS OPPORTUNITY, OR HAS ACCEPTED AN OFFER OF EMPLOYMENT OR BUSINESS OPPORTUNITY, WHICH IS BINDING OR EXPECTED. BY THE PARTIES TO BE CARRIED OUT. THESE ALL REQUIRE DISCLOSURE AND RECUSAL. UM AND THEN THERE ARE SPECIAL CITY ETHICS CODE FOR LAND MATTERS IN ANY MATTER BEFORE THE PLANNING ZONING COMMISSION OR THE ZONING BOARD OF ADJUSTMENTS IN WHICH ANY MEMBER HAS A FINANCIAL INTEREST IN ANY PROPERTY WITHIN 200 FT OF THE MATTER BEFORE IT. YOU HAVE TO DISCLOSE THAT EXISTENCE. UH, THAT INTEREST. BY FILING A STATEMENT WITH THE SECRETARY AND RECUSE YOURSELF. ON THOSE MATTERS AS WELL. THE MEMBER MAY SPEAK AS A MEMBER OF THE PUBLIC ON THE AUTUMN AND THEN MUST LEAVE THE ROOM. LAND MATTER IS INTERPRETED BROADLY TO INCLUDE ZONING PERMIT REQUESTS AND VARIANCES. AND THAT IS THE END OF MY PRESENTATION. YOU'RE WELCOME. THANK YOU SO MUCH, AND YOU KNOW CALL, MR HAGAR. YEAH, I'M SURE YOU ALL HAVE PROCEDURES FOR. WE CHARGE EVERY TIME WE TALK TO YOU.
* This transcript was compiled from uncorrected Closed Captioning.