Jan 12, 2026 Planning and Zoning

[1. Call to order and confirm a quorum]

[00:00:07]

RIGHT. GOOD EVENING. TODAY IS MONDAY, JANUARY 12TH, 2026. IT IS 7:00 IN THE EVENING. AND I HEREBY CALL THE DUNCANVILLE PLANNING AND ZONING COMMISSION REGULAR MEETING TO ORDER. WE'LL NOW ENTER INTO ROLL CALL. WHEN I CALL YOUR NAME. IF YOU WOULD PLEASE INDICATE PRESENT. TO MY FAR RIGHT. IF YOU GIVE US YOUR NAME AND JUST COME THIS WAY, WE'LL JUST. WE'LL JUST GO DOWN AND DO IT THAT WAY. ROLL CALL DANIELLE GIRARDI, PRESENT. ISAIAH SALAZAR HERE. JARED DAVIS PRESENT. BAILEY. WIN. PRESENT. ALL RIGHT. ALL RIGHT. RECOGNIZING THAT THERE ARE FOUR PRESENT, WE HAVE QUORUM TO TO MOVE FORWARD. ITEM NUMBER TWO. IS THERE ANYONE HERE WISHING TO SPEAK ON AN AGENDA ITEM THAT'S NOT LISTED TONIGHT? IF YOU WOULD PLEASE INDICATE AT THIS TIME AND APPROACH THE PODIUM. IF THERE'S ANYONE HERE DESIRING TO SPEAK ON ANY ITEM NOT LISTED ON TONIGHT'S AGENDA. SEEING NONE, I MOVED THAT AT 701. WE HEREBY CLOSE THE PUBLIC COMMENT PERIOD IN RELATION TO ITEM NUMBER TWO. AND IF I HAVE A SECOND. SECOND. THANK YOU, MR. SALAZAR. ALL THOSE VOTING IN FAVOR, PLEASE SAY I, I. HEARING NONE. THE PUBLIC COMMENT PERIOD STANDS CLOSED AT 702 IN THE EVENING. WE WILL NOW MOVE TO ITEM NUMBER THREE. CONSIDER

[3.A. Consider approval of the minutes from the Planning and Zoning Commission Meeting held on December 8, 2025.]

[4.B. ZONE-2025-00004: Request from Caroline Rosendall (owner) and Ruth Carlson (applicant) for a Specific Use Permit (SUP) to allow for Temporary Workforce Housing in a residential neighborhood on real property located at 710 Markwood Drive, legally described as Block 16, Lot 25, Irwin Keasler Development Red Bird No. 4 Addition, City of Duncanville, Dallas County, Texas.]

OKAY, COOL. THANK YOU. GOOD EVENING COMMISSIONERS AGAIN. MY NAME IS DESIREE POWELL. I'M THE CITY PLANNER IN REFERENCE TO CASE ZONE DASH 202500004 REQUEST FROM CAROLINE ROSENDAHL, OWNER AND RUTH CARLSON, APPLICANT FOR A SPECIFIC USE PERMIT TO ALLOW FOR A TEMPORARY WORKFORCE HOUSING OR TWH USE IN A RESIDENTIAL NEIGHBORHOOD ON REAL PROPERTY LOCATED AT 710 710 MARK WOOD. THAT'S AN ERROR ON STAFF. WE'LL NEED TO UPDATE THAT LEGALLY DESCRIBED AS I GOT IT HERE. BLOCK 16, LOT 25 ERWIN KESSLER DEVELOPMENT. REDBIRD NUMBER FOUR ADDITION, CITY OF DUNCANVILLE, DALLAS COUNTY, TEXAS. THE APPLICANT IS REQUESTING TO ALLOW FOR A TEMPORARY WORKFORCE HOUSING USE AND A RESIDENTIAL NEIGHBORHOOD. THE WAY OUR ZONING CODE READS THIS USES REQUIRES AN SUV IN ALL OF OUR SINGLE FAMILY ZONING DISTRICTS. THE APPLICANT CURRENTLY OWNS AND OPERATES THREE OTHER TEMPORARY WORKFORCE HOUSING PROPERTIES IN THE CITY.

ALL ARE LOCATED IN SINGLE FAMILY ZONING DISTRICTS. IF YOU SEE HERE, THESE ARE THE THREE THAT THEY OWN AND OWN AND OPERATE. 103 SOUTH CAPRI DRIVE, 822 CHERYL BOULEVARD AND 350 LINCOLN DRIVE, AGAIN ALL IN A SINGLE FAMILY ZONING DISTRICT. ALL THREE PREVIOUS PROPERTIES HAVE ALSO GONE THROUGH THE PROCESS AND WERE APPROVED IN 2024, SO THEY ARE UP AND OPERATING FOR THIS PARTICULAR HOME. THEY ARE PLANNING TO HOUSE FIVE PEOPLE. THE OCCUPANTS ARE ALLOWED TO STAY UP TO SIX MONTHS OR UNLESS THEY WANT TO RENEW THEIR LEASE. IN ADDITION TO THE CPS ITSELF, THE PROPERTY WOULD HAVE TO COMPLY WITH THE SUPP ALONG WITH THE REQUIRED RENTAL INSPECTION AND PAY ANY REQUIRED FEES AS PART OF THE RENTAL INSPECTION PROGRAM. THE PROPERTY WILL ALSO HAVE TO FORMALLY REGISTER AS PART OF THE CITY'S RENTAL

[00:05:04]

THE THE YELLOW LINE IS SHOWING THE PROPERTIES THAT IT TOUCHED. AND THEN IT'S KIND OF HARD TO SEE. BUT THE RED IS THE SUBJECT PROPERTY. AND THEN AGAIN AN AERIAL VIEW OF THE PROPERTY.

THIS IS A SITE PLAN THAT THE APPLICANT SUBMITTED SHOWING HOW THE GARAGE CARS WILL BE PARKED, HOW PEOPLE WILL USE THE CARS. THEY HAVE FIVE SPACES, THREE ON CONCRETE SLAB AND THEN TWO GARAGE, GARAGE, GARAGE, PARKING SPACES. AND THESE ARE JUST FLOOR PLANS SO YOU CAN SEE HOW THE HOUSE IS LAID OUT, THE NUMBER OF BEDROOMS, BATHROOMS, THINGS OF THAT NATURE. STAFF SENT OUT 20 MAILERS. WE RECEIVED ZERO IN SUPPORT AND ZERO IN OPPOSITION AS OF TODAY, AND STAFF RECOMMENDS APPROVAL OF THE SUPP. WITH THE EXPIRATION OF TEN YEARS FROM THE CITY COUNCIL APPROVAL DATE IN ALIGNMENT WITH THE OTHER THREE. THEY ALSO HAVE A TEN YEAR EXPIRATION DATE AND THEN THE SORRY. ON THE PREVIOUS SLIDE, THE OPTIONS ARE APPROVAL, APPROVAL WITH CONDITIONS DENY OR TABLE. ALL RIGHT. THANK YOU MISS POWELL FOR THAT. STAFF MEMBERS, ARE THERE ANY QUESTIONS FOR MISS POWELL? I HAVE SOME QUESTIONS. YES, CHAIR.

VICE CHAIR ONE I'M WONDERING DOES THE PLANNING DEPARTMENT KEEP UP WITH THE NUMBER OF TEMPORARY WORK HOUSES OR APPROVALS THAT ARE IN A NEIGHBORHOOD? YES, MA'AM. SO BETWEEN US AND OUR RENTAL INSPECTOR AND BUILDING BUILDING INSPECTIONS, WE KEEP STARTING TO KEEP A TRACK. SO THIS PARTICULAR OWNER IS OWNS ALL OF THEM. SO ALL WE HAVE RIGHT NOW IS THREE AND A POSSIBLE. WELL I'M I'M NOT MEANING LIKE HOW MANY THEY HAVE LIKE SAY THE NEW PLACE THAT THEY'RE WANTING TO PUT ONE UP. YES, MA'AM. HOW MANY ARE IN THAT NEIGHBORHOOD? AS FAR AS WE KNOW, NONE. ALL RIGHT. COLLEAGUES, ARE THERE ANY OTHER QUESTIONS? YEAH. GO AHEAD. MR. SALAZAR, CAN YOU HEAR ME? I COULDN'T OKAY, SO I'M JUST WONDERING IF STAFF IS, LIKE, PROVIDING SOME SORT OF AD BASED ON, LIKE. GOING WRONG WITH THE CPS FOR. CORRECT. AND SO THAT'S PART OF THE SOP FOR TEMPORARY WORKFORCE HOUSING AS FAR THEY HAVE AS TO ESSENTIALLY VERY CLOSELY FOLLOW THE SAME SP REQUIREMENTS AND CONDITIONS THAT WE HAVE FOR SHORT TERM RENTALS. AND SO THEY HAVE A CERTAIN AMOUNT OF NOISE, NOISE COMPLAINTS OR CITATIONS THAT THEY RECEIVE IF THEY HAVE OTHER ISSUES THAT ARE EITHER CAUGHT OUT BY POLICE CODE ENFORCEMENT ISSUES, THOSE ARE OUTLINED AS A CONDITIONS, IF THOSE THINGS OCCUR, THAT GIVES US GROUNDS TO REVOKE THE SP PROCESS ON LIKE A. NOT FOR US. AND SO THAT'S WHERE THE LINE DRAWS FOR STAFF. I WILL LET THE APPLICANT OR THE OWNER SPEAK TO IT AS WELL. BUT I BELIEVE THEY WORK WITH THE TEXAS WORKFORCE COMMISSION, AND SO THEY DO THE VETTING THROUGH THAT PROCESS. UNFORTUNATELY, WE DO NOT DO THAT PROCESS RIGHT. I JUST WANT TO MAKE SURE THAT THERE'S SOME SORT OF VETTING PROCESS HAPPENING TO MAKE SURE THAT WE'RE NOT JUST BRINGING, YOU KNOW, BAD PEOPLE INTO OUR, YOU KNOW, NEIGHBORHOOD. UNDERSTANDABLE. SO THAT THAT RELIES ON SOLELY WITH THE OPERATOR AND THE MANAGER OF WHO THEY ALLOW, WHAT THEY ALLOW. AND THEN THE BEST THING THAT WE THE BEST THAT WE CAN DO IS COMMUNICATE WITH THEM. BUT AS FAR AS RIGHT NOW, OUR TEMPORARY WORKFORCE HOUSING ORDINANCE, WHEN IT WAS WRITTEN, DID NOT INCLUDE THAT AS ONE OF THE REQUIREMENTS. OKAY, MISS POWELL, ALLOW ME TO ASK YOU A PHILOSOPHICAL QUESTION BEFORE I ASK YOU A PRACTICAL QUESTION. OKAY. MY PHILOSOPHICAL QUESTION IS IF IF IF A RESIDENT OR A COMMUNITY MEMBER NOTICES NOISE AND I'M MOVING THE REALIZED THE PHILOSOPHICAL BECAUSE I'M MOVING BEYOND WORK TEMPORARY WORKFORCE HOUSING, I'M ALSO LOOKING AT SHORT TERM RENTALS.

AND I MAY BE ONE OF THE PEOPLE WHO ARE AROUND THIS DIESE THAT WHEN WE FIRST KIND OF STARTED ON THIS ROAD, AND I THINK IT'S KIND OF BACK TO WHAT VICE CHAIR WYNNE WAS ASKING IF IF A MEMBER OF THE COMMUNITY OR PUBLIC HAS A CONCERN OR AN ISSUE WITH AN OPERATOR, HOW WOULD THEY MAKE THE CITY AWARE OF THEIR ISSUE? AND THEN HOW WOULD CALLING AN SUP HOLDER INTO COMPLIANCE WORK? SO THEY WOULD, BECAUSE THAT'S THE BEAUTY OF AN SUP, RIGHT, IS THAT YOU CAN MONITOR AND MANAGE

[00:10:04]

GOOD DEAL. ALL RIGHT. THANK YOU. GO AHEAD, MR. SALAZAR. SORRY, IT'S MY MIC WORKING. OH, HERE WE GO. SO I'M JUST A BIT WEARY ON THE LACK OF DATA THAT WE HAVE. AND I FEEL LIKE THESE APPLICANTS MAY BE IN A REALLY GOOD SPOT TO WHERE THEY CAN KIND OF ABUSE IT RIGHT NOW, BECAUSE WE DON'T HAVE THE DATA. WE DON'T HAVE THE INFORMATION TO KNOW IF THIS IS A REALLY GOOD IDEA AND THEY'RE TEN YEARS LONG. CORRECT. SO IF SOMEBODY IS LIVING NEXT DOOR THE NEXT TEN YEARS, THEY COULD BE, YOU KNOW, LIVING THROUGH SOME SITUATIONS THEY DON'T WANT TO LIVE THROUGH. THAT'S POSSIBLE. HOWEVER, EVEN WITH THAT TEN YEAR EXPIRATION, IF THERE ARE ISSUES, LET'S SAY WITHIN THE FIRST YEAR, THAT ISSUE, AGAIN, LIKE THE CHAIR DAVIS MENTIONED, ALLOWS US TO STEP IN TO TRY TO MITIGATE OR SUP ISN'T FOREVER. EVEN WITH THE TEN YEARS, WE COULD STILL STEP IN AND SAY WE ARE HAVING CONSISTENT ISSUES. THEREFORE, THESE ARE OUR GROUNDS AFTER STAFF REVIEW TO REVOKE IT OR SHORTEN THAT TIME FRAME. OKAY. ALL RIGHT. THANKS.

NO PROBLEM. ALL RIGHT. ANY OTHER QUESTIONS COMMENTS OR FOR FOR STAFF. ALL RIGHT. HEARING NONE. THANK YOU SO VERY MUCH. YES, SIR. THANK YOU. IT IS NOW 714 IN THE EVENING. AND WE OPEN THE PUBLIC HEARING ON ITEM NUMBER B. FOUR B. IS THERE ANYONE HERE DESIRING TO SPEAK ON FOR OR AGAINST THIS APPLICATION FOR A SPECIAL USE PERMIT? IF YOU SO DESIRE, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS FOR THE RECORD. HI. NICE TO SEE YOU ALL. MY NAME IS RUTH CARLSON. I AM CAROLINE ROSENDAHL'S. MOM AND DADDY IS BACK THERE AND HE CAN ANSWER QUESTIONS TOO. BUT ANYWAY, SHE OWNS THE PROPERTY AND SHE'S JUST HAD A BABY AND SHE'S MOVED OFF TO LANCASTER, SO SHE'S ASKED ME TO BE THE ONE TO TAKE CARE OF HER PROPERTY. AND WE HAVE BEEN. TEMPORARY WORKFORCE HOSTS FOR THIS IS GOING INTO OUR SECOND YEAR NOW, AND IT WE

[00:15:04]

AND YOU KNOW, IF IF THINGS DON'T GO RIGHT, IT'S IN LIKE IF THEY'RE ON A LEASE WITH US, A SHORT MID TERM LEASE, IT'S IN THERE THAT WE CAN GIVE THEM A THREE DAY NOTICE TO QUIT. SO WE HAVE HAD A VERY GOOD EXPERIENCE WITH OUR PEOPLE. WE DON'T HAVE PEOPLE. THERE'S NO PARTIES. NO.

YOU KNOW, BECAUSE THEY DON'T KNOW EACH OTHER. FOR ONE THING YOU KNOW THEY ARE COMING ALL DIFFERENT STRANGERS MAYBE LIKE RIGHT NOW IN ONE OF MY PLACES, I HAVE A ELECTRICAL ENGINEER WHO IS DOING CONTRACT WORK AT IN ARLINGTON WITH MOTOR COMPANY THERE. IS IT GM ANYWAY? AND THEN I MIGHT HAVE SOMEONE WHO'S A NURSE WHO'S HERE FOR A SHORT TERM NURSING THING AND WORKS AT CHARLTON. AND SOMETIMES I'VE HAD STUDENTS AND I HAVE A PROFESSOR AT DBU, SHE'S A CHOIR, SHE'S DOCTOR MORRISON, AND SHE HAS A SHE'S A CHOIR AND VOICE PROFESSOR, AND SHE LIVES IN HOUSTON BUT DRIVES UP DURING THE WEEKDAYS. IT GOES BACK DOWN, BUT SHE STAYS. I MEAN, SHE'S BEEN WITH US IN, IN OUR OWN RESIDENCE, FOR OUR OWN HOMESTEAD FOR A COUPLE OF YEARS NOW AND KEEPS ON DOING THAT. SHE IS AMAZING. ANYWAY, SO THAT'S THAT'S HOW HOW WE DO.

AND WE BECOME FRIENDS WITH PEOPLE. AND SOMETIMES WE DON'T BECAUSE THEY HAVE TO LEAVE. BUT ANYWAY, DO YOU HAVE ANY QUESTIONS? RIGHT. THANK YOU SO MUCH FOR YOUR FOR YOUR PRESENTATION. I'LL, I'LL PAUSE HERE. AND I SEE VICE CHAIR NGUYEN IS ON THE READY. IF THERE'S ANYBODY ELSE DO LET ME KNOW. GO AHEAD WITH YOUR QUESTION, VICE CHAIR. YES. WHAT I WANT TO KNOW IS WHAT IS YOUR OCCUPANCY RATE FOR THE HOMES? YOU ALREADY HAVE NEARLY 100%.

THERE ARE A LOT OF PEOPLE WHO NEED A PLACE LIKE SOME OF THEM NEED TO FIND AN APARTMENT, AND THEY DON'T HAVE THE MONEY TOGETHER YET. AND SO THEY'RE WITH US FOR A LITTLE WHILE, A FEW MONTHS WHILE THEY GET THEMSELVES TOGETHER. SO RIGHT NOW I HAVE WELL OUT OF OUR PRESENT HOUSES. I HAVE 15 ROOMS AND TWO ROOMS ARE EMPTY FOR A LITTLE WHILE, AND IT MAY BE THAT NEXT WEEK SOMEONE WILL. OR TOMORROW, OR TONIGHT SOMEONE WILL ASK. AND THEN I START THE PROCESS OF VETTING AND FINDING OUT IF IT'S A GOOD FIT FOR THEM. AND I ALSO THINK ABOUT THE OTHER PEOPLE WHO ARE IN THAT PARTICULAR HOUSE, WHEREAS AN EMPTY ROOM AND I THINK, IS THIS PERSON GOING TO FIT WITH THESE PEOPLE SO THAT WE DON'T HAVE CONFLICT? I DON'T WANT I DO NOT LIKE CONFLICT. WELL, LASTLY, I NOTICED THAT IT SAYS THAT YOU COULD HAVE AT LEAST FIVE. SO IS THAT HOW MANY YOU NORMALLY HAVE OR IS THAT. YEAH, THEY'RE IN TO TO THE HOUSES. THERE ARE FIVE BEDROOMS. AND THEN IN ANOTHER HOUSE THERE ARE THREE. YEAH. THANK YOU SO MUCH. YEAH. ALL RIGHT. ANY OTHER. YEAH. MR. RODDY, HAVE YOU HAD ANY ISSUES WITH ANY OF YOUR TENANTS TO SAY, LIKE, HAVE THERE BEEN ANY, ANY TIMES THAT YOU CAN REMEMBER THAT YOU'VE HAD TO TERMINATE A LEASE? WHAT WE DO IS IF IT'S NOT WORKING WELL, LET'S SAY THEY'RE BEHIND ON THEIR MONEY, YOU KNOW, AND WE REALIZE THAT IT'S NOT A GOOD FIT FOR THEM. WE'LL SAY, YOU KNOW, OKAY, YOU NEED TO START LOOKING FOR ANOTHER PLACE THAT'S MORE SUITABLE FOR YOU. YOU KNOW, WE HAVEN'T WE HAVEN'T HAD TO KICK ANYBODY OUT WITH LEGAL ACTION. WE WE WE TRY OUR BEST NOT TO DO THAT. AND YEAH, WE DON'T LIKE TROUBLE. ALL RIGHT. THANK YOU. SEEING NO OTHER QUESTIONS.

THANK YOU SO MUCH FOR THAT. I KNOW WE HAD ONE TO SPEAK ON. IS THERE ANYONE ELSE DESIRING TO

[00:20:05]

IS THERE A SECOND? SECOND? THANK YOU, MISS WYNN. ALL THOSE VOTING IN FAVOR TO CLOSE THE PUBLIC HEARING AT 720 IN THE EVENING. PLEASE DO SO BY YOUR VOTING INDICATORS FOR VOTING IN FAVOR. MOTION PASSES. WE STAND WITH THE WITH THE PUBLIC HEARING BEING CLOSED AT 720. IS THERE A MOTION OR IS THERE ANY ANY IS THERE A MOTION ON THIS PARTICULAR ITEM FOR BE. OKAY.

THANK YOU. VICE CHAIR NGUYEN. HER MOTION IS TO APPROVE THE APPLICATION WITH AN EXPIRATION OF TEN YEARS FROM THE CITY COUNCIL'S APPROVAL DATE. IS THERE IS THERE A SECOND TO THAT MOTION? THANK YOU, MR. SALAZAR, FOR THAT SECOND. IT'S BEEN MOVED AND SECONDED TO APPROVE THIS APPLICATION FOR A TEN YEAR PERIOD. IS THERE ANY DISCUSSION ON THIS ITEM? SEEING NONE AND HEARING NONE, I'LL SIMPLY SAY BEFORE WE TAKE THE VOTE, IS THAT I THANK YOU FOR THAT MOTION. I SUPPORT THIS MOTION. I THINK THIS OPERATOR HAS PROVEN THEMSELVES FOR A COUPLE TIMES OVER, THAT THEY REALLY HAVE A GRASP ON HOW TO SUPPORT INDIVIDUALS WITH ANOTHER FORM OF HOUSING. AS WE LOOK IN OTHER CITIES, WHEN WE LOOK AT ACCESSORY DWELLING UNITS AS OTHER WAYS TO HOUSE INDIVIDUALS, IT MOVES US OUT OF THE SPACE OF WHAT WE TRADITIONALLY THINK ABOUT IN TERMS OF SHORT TERM RENTALS. AND I THINK THAT THIS IS IMPORTANT AS WE THINK ABOUT OUR GROWING, EXPANDING ECONOMY AND BEING ABLE TO ATTRACT TALENT HERE TO THE DALLAS FORT WORTH AREA. AND WITH DUNCANVILLE NATURALLY BEING A RESIDENTIAL ORIENTED COMMUNITY, I THINK THAT THIS IS THIS IS COMPLEMENTARY IN THIS WAY. AND THEN I'M REASSURED AND ENSURED BY THE VIRTUE OF HOW AN SUP OPERATES. AND I THINK THAT'S IMPORTANT, AS WE LOOK AT ALL SUPS, IS THAT THERE IS A METHOD IN WHICH WE CAN CALL INDIVIDUALS INTO COMPLIANCE, SHOULD WE SUSPECT THERE'S ANYTHING AFOOT. THAT'S THE BEAUTY AND USE OF A SPECIAL USE PERMIT, BECAUSE WHAT IT ALLOWS IS A USE TO BE USED ON A SPECIAL BASIS, WITH CONDITIONS AND WITH THE ABILITY TO BE ABLE TO CALL THEM INTO COMPLIANCE. AND SO WITH THAT, I EAGERLY SUPPORT THE PASSAGE OF OF THIS PARTICULAR ITEM. SO WITH THAT BEING SAID, ALL THOSE VOTING IN FAVOR TO APPROVE THIS APPLICATION FOR A TEN YEAR PERIOD, PLEASE DO SO BY YOUR VOTING INDICATORS. ALL RIGHT. MR. YEP. YOU'RE IN. OH IT'S ME. I THOUGHT. I ONLY SEE THREE VOTING, ALL FOUR VOTING IN FAVOR. MOTION APPROVED UNANIMOUSLY. THANK YOU SO VERY

[4.A. ZONE-2025-00003: Request from Tim Maiden (owner) for a Specific Use Permit (SUP) to allow an event center and outdoor pickleball courts on real property located at 202 W. Center Street, 3.35 acres, legally described as Block 8 & part of Block 7, Original Town Duncanville, City of Duncanville, Dallas County, Texas.]

JUST BACKGROUND ABOUT THE PROPERTY AND THE PROJECT ITSELF. THE PROPERTY WAS PREVIOUSLY OWNED BY A CHURCH THAT UTILIZED THIS PARTICULAR BUILDING, BUILDING ONE FOR A VARIETY OF CHURCH RELATED PROGRAMS, ACTIVITIES AND PROGRAMING, ETC. THE PROPOSED USES FOR THE EVENT CENTER STAFF HAS AND STAFF REVIEW HAS BEEN USED FOR EVENTS PRIOR TO A CERTIFICATE OF OCCUPANCY BEING UTILIZED TO TO UTILIZE THE BUILDING IN SUCH WAY AS AN EVENT CENTER. AS WE MENTIONED, DUE TO THE ZONING OF THE PROPERTY, WHICH IS DOWNTOWN DUNCANVILLE, GENERAL MAIN

[00:25:02]

AND SO THAT'S SOMETHING THAT OUR BUILDING OFFICIAL HAS MADE NOTE OF AS A CONCERN OF IF AND WHEN THERE IS ANOTHER USER OR OPERATOR, HOW WILL THEY GET IN AND OUT EASIER AGAIN, CANNOT BE ACCOMMODATED AS MARKED ON THE SITE PLAN. THE PROPOSAL. THE PROPOSED EVENT CENTER DOES NOT FULLY ALIGN WITH THE INTENTION OF DOWNTOWN, GENERAL DOWNTOWN OR GENERAL MAIN STREET, THE ZONING DISTRICT AND THE ATTENTION THAT'S SET IN OUR ZONING ORDINANCE AS WELL AS THE COMPREHENSIVE PLAN. WE HAVE HAD SOME ISSUES WITH THE USE OF THE BUILDING, AGAIN, NOT SO PERMITTING, BUT ALSO, AGAIN, AS IT STANDS TODAY, THE USE IS AN ILLEGAL USE BECAUSE THE ZONING DOES NOT ALLOW FOR IT. STAFF ALSO DID RESEARCH AND FOUND THAT THERE WAS A PROPOSED SDP FOR AN EVENT CENTER AT THE PROPERTY TO THE EAST 200 WEST CENTER THAT USED TO BE THE FUNERAL HOME THAT THE CITY OWNS. THAT WAS DENIED IN 2022. SO KIND OF USING THAT IN THE SAME SENSE OF OBVIOUSLY DIFFERENT PEOPLE WERE NOTIFIED, DIFFERENT PEOPLE WERE MADE AWARE OF IT.

BUT WE DID FIND SOME SUPPORTIVE INFORMATION THAT THAT WAS A HUGE TO DO WITH THAT PROPERTY.

SO THE CURRENT ZONING, LIKE I MENTIONED IS DOWNTOWN DUNCANVILLE, GENERAL MAIN STREET. SO WITH THAT BLUE STAR IS ON THE MAP AND THIS ORANGE AREA RIGHT HERE. AND THEN THE FUTURE LAND USE MAP DESIGNATION IS DOWNTOWN DISTRICT. JUST THE CURRENT ZONING MAP AGAIN, DOWNTOWN DUNCANVILLE, THIS PURPLISH BLUE AREA, THE BUFFER MAP. AGAIN, THE YELLOW REPRESENTS ALL THE PROPERTIES THAT WERE TOUCHED AND GOT A NOTICE. THIS IS THE THE MAP FOR DOWNTOWN. SO THE SUBDISTRICT AREAS. AND SO WE HAVE CORE MAIN STREET, GENERAL MAIN STREET AND URBAN LIVING. SO WE JUST WANTED TO GIVE YOU AN IDEA OF WHERE THIS ACTUALLY LIES ON THE MAP GEOGRAPHICALLY. AND THEN AGAIN AERIAL OF THE PROPERTY. AND JUST TO AGAIN FOCUS ON THE PRIMARY PURPOSE OF THIS SUP IS FOR THE BUILDING THAT IS BOXED IN RED. AND THEN THIS IS FROM GOOGLE. SO IT'S A LITTLE OUTDATED. THIS PART RIGHT HERE IS NOW THE PICKLEBALL COURTS SITE PLAN. SO YOU CAN SEE THIS BETTER IN YOUR PACKET LAID OUT OF WHAT THE APPLICANT IS PROPOSING, HOW THE SITE WILL BE USED WITH THE PICKLEBALL COURTS AND THE EVENT CENTER, AS WELL AS SOME OF THE OTHER USES THAT ARE EXISTING TO THE BUILDING IN THE BUILDING TO THE EAST OF THE PROPERTY LANDSCAPE PLAN. AGAIN, THESE ARE ALL PART OF THE SUBMITTAL SITE PLAN LANDSCAPE WHEN THEY ARE APPLICABLE. THE LANDSCAPE PLAN. WE DID NOT HOLD THE APPLICANT TO THE FULL EXTENT AGAIN EXISTING BUILDINGS. SO WORK WITH WHAT WE HAVE. STAFF SENT OUT 31 MAILERS. WE RECEIVED FOUR RESPONSES IN SUPPORT AND TWO IN OPPOSITION. STAFF RECOMMENDS DENIAL OF THE PROPOSED SUP DUE TO INCOMPATIBILITY, INCOMPATIBILITY WITH THE SURROUNDING LAND USES AND THEN THE MISSING REQUIRED OPERATIONAL PERMITS. HOWEVER, WE ARE MOSTLY FOCUSING ON THE INCOMPATIBILITY INCOMPATIBILITY WITH THE SURROUNDING LAND USES, AND SO THE OPTIONS FOR CONSIDERATION FOR THE COMMISSION ARE APPROVE APPROVAL CONDITIONS. DENY OR TABLE. THANK YOU. THANK THANK YOU, MISS POWELL. AND. COULD YOU GO BACK TO AND I APPRECIATE YOUR OPTIONS FOR CONSIDERATION. COULD YOU GO BACK TO SLIDE NUMBER FIVE PLEASE. WE'RE LOOKING AT FOR STAFF CONCERNS THAT I ASSUME INFORM OR INFUSE STAFF'S RECOMMENDATION WOULD. SO BULLET NUMBER ONE INADEQUATE LOADING AND UNLOADING AREA. I THINK YOU MENTIONED IN OUR BRIEFING EARLIER THAT THAT WAS DISCOVERED AT SOME POINT BETWEEN, YOU KNOW, THE POSTING OF THIS AGENDA AND TODAY BY THE BUILDING OFFICIAL, IS THAT WAS THAT YOUR TESTIMONY EARLIER OR DID I MISUNDERSTAND? NO, SIR. SO THE LOADING AREA WE HAD ALREADY MENTIONED AS PART OF THE CONDITIONS THAT WAS NOT CHANGED IN THE IN OUR RECOMMENDATION. SO THAT WAS ORIGINALLY PART OF THE CONDITIONS. OKAY. I DON'T WANT TO USE MY TIME HERE TO GET BACK IN, INTO THE BACK AND FORTH ON THE CONSISTENT AND THE DIFFERENT STAFF REPORTS AND RECOMMENDATIONS AND THE UNDERPINNING REASONS FOR THAT.

MY QUESTION TO YOU SIMPLY WAS, WAS THIS SOMETHING THAT WAS BROUGHT TO OUR ATTENTION AS YOU REPRESENTED JUST ABOUT 30 MINUTES EARLIER, AS IT RELATES TO WHAT THE BUILDING OFFICIAL DETERMINED AFTER POSTING THIS AGENDA ON THE EIGHTH. THIS WAS IN THE PACKET BEFORE WE CHANGED IT. SO THE BUILDING OFFICIAL HAD ALREADY MADE NOTE OF IT. WOULD LOADING AND UNLOADING AREAS SIMILAR TO THE BULKHEAD AREAS. THOSE ARE NOT NECESSARILY CONSIDERATIONS THAT WE GIVE OR NEED TO GIVE WHEN MAKING A SUPP DETERMINATION, BECAUSE THIS WOULD BE HANDLED

[00:30:04]

SO AS IT RELATES TO THIS PARTICULAR APPLICATION, ALL THE SPECIAL USES THAT ARE BEING ASKED. CORRECT. SO WE DID LOOK AT THAT WITH THE DOWNTOWN DUNCANVILLE DISTRICT THAT ARE IN YOUR PACKET, AS WELL AS THE ORDINANCE ITSELF. WHEN THEY CHANGED IT AND ADOPTED THE DOWNTOWN DUNCANVILLE DISTRICT, WHAT THE INTENTION WAS, WHAT THE CITY AT THE TIME WANTED TO SEE AND WHAT WHAT THAT'S LOOKED LIKE, AS WELL AS THE DOWNTOWN MASTER PLAN BASED ON THAT. YES, IT TALKS ABOUT WE WANT MORE COMMERCIAL ACTIVITY, WE WANT MORE ENTERTAINMENT. AND THAT'S WHY WE MENTIONED THAT IT WHILE N EVENT CENTER CAN GENERATE ENTERTAINMENT AND ACTIVITY ACTIVITY THAT THEY'RE LOOKING FOR AS FAR AS A MIX OF USES, RESTAURANTS, RETAIL SHOPPING, THAT KIND OF THING. SO TO THE QUESTION I ASK YOU, HAS THERE BEEN ANY SIDE BY SIDE ANALYSIS BETWEEN WHAT IS IN THAT PARTICULAR PLAN AND WHAT'S BEFORE US TODAY TO UNDERSTAND WHERE IT IS CONGRUENT AND INCONGRUENT, BASED ON THE INTENTION OF THE DOWNTOWN MASTER PLAN THAT YOU JUST CORRECT, JUST JUST A SIDE BY SIDE, BASED ON OUR STAFF REPORT, THAT'S THE THAT'S THE SIDE BY SIDE THAT WE WANTED TO PRESENT TO Y'ALL. I THINK I UNDERSTAND ITEM NUMBER THREE. THE OTHER ITEM I HAVE A QUESTION ABOUT IS ITEM NUMBER FOUR. YES, SIR. SUP.

WAS THIS WAS IT THIS APPLICANT REQUESTING. NO, SIR. THIS WAS NOT THIS APPLICANT. IT WAS A DIFFERENT APPLICANT. THIS IS A DIFFERENT PROPERTY. WAS THE APPLICANT REQUESTING THE SAME TYPE OF USE THIS. YES. EVENT CENTER. OKAY. AND WAS IT? IT WAS AN EVENT CENTER. DO YOU HAVE ANY INTEL AS TO WHERE IT DID NOT SATISFY THE ELEMENTS OF WHAT WE LOOK FOR IN A SPECIAL USE PERMIT? THAT ONE HAD A LOT MORE PUBLIC PUSHBACK. SO THEY HAD MUCH, MANY MORE PEOPLE WHO RESPONDED AND OPPOSITION. BASED ON WHAT WE FOUND IN THE SHAREPOINT, THEY DIDN'T HAVE A GREAT TRACK RECORD OF WHAT WHAT THEY LOOKED AT AND WHAT THEY DIDN'T. STAFF LOOKED AT THAT FROM THE THE PUBLIC OPPOSITION AND WHAT THEY PRESENTED. SAME THING, AN EXISTING BUILDING.

OKAY. THE REASON I ASK THIS BECAUSE THESE ARE THE FOUR THINGS THAT YOU LIST THAT INFORM YOUR DENIAL OR YOUR RECOMMENDED DENIAL. AND YES, SIR. SO SO BASED ON THAT LIMITED INFORMATION, YOU INCLUDE THIS. OKAY. EXCUSE ME, MR. CHAIR. I ALSO WANT TO

[00:35:02]

BUT BUT WE DON'T. BUT BUT WHY DID WE DENY THE PREVIOUS SNP ON THE DIFFERENT ELEMENTS AND CRITERIA AND SNP. AND I THINK MISS POWELL JUST REPRESENTED THAT. WE DON'T HAVE A RECORD OF THAT. SO. WELL I WILL SAY THIS SQUARE THAT OFF FOR ME. NO. DOCTOR JONES COULD YOU SQUARE THAT OFF FOR ME SINCE YOU ILLUMINATED THAT PIECE. SO THE PREVIOUS THE PREVIOUS SNP FOR THIS EVENT CENTER, I DON'T KNOW ALL I DO KNOW THAT A LOT OF THE RESIDENTS WITH HAD A HEAVY HAND IN ACTUALLY THIS BEING DENIED BECAUSE OF THE ALL THE ACTION AND NOISE AND THINGS OF THAT NATURE THAT THEY WERE COMPLAINING ABOUT FOR THIS PROPERTY BECAUSE SOME THINGS WERE HAPPENING PRIOR TO SIMILAR TO WHAT WE'RE KIND OF DEALING WITH NOW. OKAY. THANK YOU.

THAT'S HELPFUL. MISS POWELL, COULD YOU SHOW THE COMMISSION I KNOW YOU LIST OUT OUR OPTIONS.

IF MY MEMORY AND ALL MY SNP EXPERIENCE, I THINK THERE ARE FIVE ELEMENTS TO AN SNP THAT WE MUST CONSIDER. IS IT WHAT DO DO WE HAVE THOSE LISTED. SO THERE BEFORE US TONIGHT I DO YOU HAVE THOSE THAT YOU CAN SHOW US. WHAT ARE THE FIVE? I THINK THERE ARE FIVE. THEY'RE NOT. NO SIR. THEY'RE NOT ON THE SLIDES. THEY'RE IN THE PACKET OKAY, OKAY. RIGHT. I KNOW PAGE EIGHT I YEAH I'M I'M FAMILIAR, BUT I KNOW THAT YOU HAVE INPUT, SOME OTHER ANALYSIS THAT I'M NOT USED TO SEEING WHEN IT COMES TO SUPS. AND SO I JUST WAS, I JUST WAS WANTING TO KNOW IF YOU HAD JUST A SINGLE LISTING OF WHERE THE FIVE THINGS, YOU KNOW, LIKE, WE NORMALLY SEE, YOU KNOW, IS IT, YOU KNOW, IS IT COMPATIBLE, IS IT DOES IT ENHANCE THE HEALTH, WELFARE AND SAFETY? WHAT ARE THOSE OTHERS? BUT IF WE DON'T HAVE IT, NO NEED TO CREATE IT. SO WE DO HAVE A LIST OF THINGS THAT WE DO USE AS OUR KEY FEATURES FOR AN SNP. IT'S TYPICALLY WITHIN ALL THE STAFF REPORTS HERE. IF YOU LOOK ON PAGE EIGHT OF THE STAFF REPORT, WE HAVE THE PROPOSED USES ARE CONSISTENT AND COMPATIBLE WITH THE ADJACENT LAND USE AND ZONING. THE PROPOSED USE IS CONSISTENT WITH THE ARCHITECTURE AND OR CHARACTERISTICS OF 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. THE PROPOSED USE IS 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. THE PROPOSED USE WOULD STABILIZE AND IMPROVE PROPERTY VALUES WITHIN THE CITY. THE PROPOSED USE WOULD PROTECT AND ENHANCE THE CITY'S ATTRACTIVENESS TO RESIDENTS, BUSINESS AND VISITORS, AND THE PROPOSED USE WOULD STRENGTHEN AND HELP DIVERSIFY THE ECONOMY OF THE CITY. THE REASON WHY I'M HIGHLIGHTING THAT IS BECAUSE TYPICALLY, THESE ARE THE STEPS THAT WE TYPICALLY GO THROUGH WITH ANY OF THE SUB THAT WE'VE DONE SINCE I'VE BEEN HERE. WELL, YEAH, I KNOW THAT THAT IS THE BASIS, I WOULD HOPE, THAT STAFF IS EVALUATING. I THINK WHAT I MENTIONED EARLIER AND AGAIN HERE AT THIS HORSESHOE WAS THE ANALYSIS AND THE ASSESSMENT THEREOF WAS NOVEL AND DIFFERENT. OUT OF ALL THE SUPS THAT PERHAPS PREDATE YOUR YOUR COMING TO THE CITY AND THAT THAT WAS WHAT PIQUED, PIQUED MY INTEREST AS IT REGARDS THAT.

ALL RIGHT. THANK YOU COLLEAGUES. ARE THERE ANY QUESTIONS FOR STAFF. YEAH. SO YOU MENTIONED THAT IN THE 2022 APPLICATION IT WAS DENIED. AND THERE WAS LIKE A LOT OF RESIDENTS COMING IN ASKING FOR A DENIAL. BUT WHERE ARE ALL THOSE RESIDENTS IS NOW. WHAT DO YOU MEAN ARE THERE ANY STILL LIVE THERE. ANY PEOPLE SPEAKING AGAINST THIS THAT YOU KNOW OF. SO IF YOU GO HERE, WE ONLY LIKE I SAID, WE ONLY GOT TWO AND WE ONLY GOT SIX TOTAL. WHEREAS WITH THIS LAST ONE IT JUST FROM WHAT I SAW THEY HAD MAYBE EIGHT. I CAN'T SPEAK 100% TO IT BEFORE MY TIME, BUT JUST GOING THROUGH OUR SHAREPOINT OF WHAT WE HAVE AND WHAT WAS RECORDED AND DOCUMENTED. SO TWO IN OPPOSITION, FOUR IN SUPPORT, THAT'S ALL THAT WE HAVE THUS FAR. AND ALSO THE I'M GUESSING THAT THE PRIMARY USE OF THAT APPLICATION WAS EVENT CENTER. RIGHT. AND SO THE DIFFERENCE IN THIS ONE IS THAT IT'S A MIXED USE. IT'S EVENTS AND PICKLEBALL AND ALSO HAS SOME SORT OF COMMERCIAL STRIP AS WELL. RIGHT. SO IT'S NOT THAT PARTICULAR BUILDING ISN'T MIXED. USE THE ENTIRE PROPERTY. YES. YEAH. SO YOU ARE CORRECT, THAT PROPERTY AT 200 WEST CENTER WAS JUST EVENT CENTER BY ITSELF. THIS PARTICULAR PROPERTY IS A TWO FOLD. SO LIKE WE MENTIONED IT'S TWO SEPARATE USES. AND SO YOU HAVE THIS ONE THING EVENT CENTER THAT NEEDS AN SUP AND

[00:40:03]

IT HAS AN ADDITIONAL USE. RIGHT OKAY. ALL RIGHT. VICE CHAIR WYNNE, MY QUESTION IS I NOTICED THAT WE'RE TALKING ABOUT THE APPLICANT HAS THE INFRACTION OF USING THE PROPERTY WITHOUT THE CORRECT APPROVAL. YES, MA'AM. DOES DOES THE DEPARTMENT HAVE ANY ACTUAL GUIDELINES AS FAR AS HOW THINGS LIKE THIS ARE HANDLED? WHEN WHEN APPLICANTS HAVE ACTUALLY USED PRIOR TO HAVING A LICENSE OR BEING APPROVED? YES, MA'AM. SO SIMILAR TO A PERMIT, IF SOMETHING THAT'S CONSTRUCTED WITHOUT IT, WE USUALLY DOUBLE FINE. AND THERE'S A CITATION.

THE BUILDING OFFICIAL WOULD ENFORCE THAT AND WHAT THAT LOOKS LIKE. AND SO THAT'S OUR PRIMARY COURSE OF ACTION WHEN IT WHEN IT HAPPENS IT IN THIS CASE THE DID THIS PERSON GET A THE ONLY THING THAT HE HAS BEEN DOUBLE FINED FOR IS THE FENCE THE BUILDING ITSELF. THEY HAVE NOT UP UNTIL THIS POINT. ALL RIGHT. THANK YOU. YOU'RE WELCOME. ALL RIGHT. SEEING NO MORE QUESTIONS IN THE QUEUE. WE WILL. NOW. IT IS 742 IN THE EVENING AND WE WILL NOW OPEN THE PUBLIC HEARING. IS THERE ANYONE DESIRING TO SPEAK ON? WELL, IS THERE ANYONE DESIRING TO SPEAK ON THIS AGENDA ITEM? NOT FOR OR AGAINST. ON. OKAY. IF IF MY ON INDIVIDUALS. YOU'RE NOT. NOT FOR OR AGAINST. YOU JUST WANT TO SPEAK ON IF YOU WOULD COME DOWN AND GIVE ME YOUR NAME AND ADDRESS AND YOU MAY BEGIN I BELIEVE WHAT ARE YOUR TWO, YOUR TWO MINUTE, FIVE MINUTE. AND THEN IF YOU NEED MORE THAN FIVE MINUTES, I'LL WONDER WHY AND SEE IF WE CAN GET YOU SOME MORE TIME. GO AHEAD. EXCUSE ME, MISTER CHAIR. THIS IS FOR THE PUBLIC HEARING PORTION OR THE PRESENTATION PORTION. THIS IS. THIS IS FOR. WE'VE OPENED THE PUBLIC HEARING AT 742. AND SO THERE IS THIS IS NOW I WANT TO TAKE ANYBODY WHO WANTS TO SPEAK ON THE APPLICATION. OKAY. THEN AFTER THAT, I WANT TO TAKE ANYONE WHO WANTS TO SPEAK FOR THIS APPLICATION. AND THEN FOLLOWING THAT, I WANT TO TAKE ANYONE WHO WANTS TO SPEAK AGAINST THIS APPLICATION JUST FOR ORGANIZATION SAKE. AND I TURN AND LOOK TO MY LEGAL COUNSEL BECAUSE I BELIEVE I'M WITHIN. RIGHT. BUT CORRECT ME IF I'M NOT. RIGHT. RIGHT. SO, MISTER, MAY I TELL YOU WHAT I SEE, MISTER, IF YOU JUST HANG TIGHT AND ANYBODY ELSE WANTING TO SPEAK ON THIS APPLICATION FROM THE PUBLIC AND THEY DO HAVE TWO MINUTES, THAT'S WHAT. OKAY. IS THERE ANYONE DESIRING TO SPEAK AGAINST THIS APPLICATION? I'M COMING. ALL RIGHT. IS THERE ANYONE OTHER THAN MY VOCAL GENTLEMAN THAT WANTS TO SPEAK ON. BECAUSE I'M GETTING READY TO DO SOMETHING DIFFERENT, IF THAT'S OKAY WITH YOU. SO YOU WANT TO SPEAK ON IT? IS THERE ANYONE ELSE WANTING TO SPEAK ON IT? I MEAN, FOR IT. YOU WANT TO SPEAK FOR IT? I COUNT THREE PEOPLE SPEAKING FOR IT. I COUNT FOUR PEOPLE. FIVE, FIVE PEOPLE SPEAKING FOR THIS APPLICATION.

TELL Y'ALL WHAT, YOU GET TWO MINUTES. BUT IF YOU HANG TIGHT, MR. MADAN, IF YOU WOULD NOW COME BACK. I SAW NO ONE WANTED TO SPEAK ON. I SAW NO ONE WANTED TO SPEAK AGAINST. LET US HEAR FROM THE APPLICANT, WHO DOES HAVE FIVE MINUTES TO PRESENT TO US. AND THEN WE WILL HEAR. WHAT I COUNTED WAS. MY FOUR INDIVIDUALS WHO WANT TO SPEAK IN SUPPORT OF THIS APPLICATION. IS THAT SATISFACTORY, COUNSEL? THANK YOU, MR. MADAN. IF YOU GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, TIM MADAN TILL TWO WEST CENTER STREET. GOOD EVENING, CHAIR AND COMMISSIONERS. I'M AN 18 YEAR RESIDENT OF DUNCANVILLE, SO I'VE BEEN HERE. I'VE SERVED IN A LOT OF DIFFERENT CAPACITIES. FORMER CHAIR OF THE CHAMBER. SERVED ON DUNCANVILLE OUTREACH MINISTRY. SERVED AT VILLAGE TECH SCHOOL ON THEIR BOARD, WAS A PART OF THE 2020 2040 COMPREHENSIVE PLAN COMMITTEE AS WELL IN THE BOND COMMITTEE. SO OUR FAMILY ACQUIRED THIS PROPERTY TWO YEARS AGO WITH THE DESIRE TO CREATE A MIXED USE DEVELOPMENT IN DOWNTOWN DUNCANVILLE HAD A PRIOR RELATIONSHIP TO THE THE OWNER, THE SELLER OF THE PROPERTY, ARISE CHURCH, PASTOR CHRIS, AND WE SAT DOWN AND THOUGHT ABOUT HOW WE WOULD WANT THIS PROPERTY TO BE REUSED AND REPURPOSED. AND SO WE SPENT SOME TIME THERE. THE THE INTENT A COUPLE OF THINGS I WANT TO COVER WITHIN THIS TIME PERIOD IS FIRST IS THE REASON THE EVENT CENTER CAME UP. WHEN WE ACQUIRED THE PROPERTY, WE WENT THROUGH THE EDC AND THEY PROVIDED US A GRANT WITH THE WHOLE CONCEPTUAL PLAN. SO BELIEVE IT OR NOT, IT'S BEEN TWO YEARS, BUT WE'RE FINALLY HERE. AND DURING THAT PROCESS WE HAD IT LISTED FOR A RESTAURANT TO BE THERE. AND IT'S JUST BEEN VERY CHALLENGING JUST BECAUSE THE SPACE IS SO

[00:45:02]

AND HE WAS REALLY HIGH ON THIS SPACE AS AN OPPORTUNITY TO INCUBATE POTENTIAL ARTISTS AND TO PROVIDE CULTURAL AWARENESS AND ENGAGEMENT FROM THE COMMUNITY. AND SO WE SAT DOWN.

WE TALKED ABOUT IT. IT IS REALLY A COLLABORATION WITH THE CITY AND THIS SITE. WE THINK IT'S IDEAL GIVEN THE SQUARE FOOTAGE, GIVEN THE ABILITY TO PROVIDE SOME ADDITIONAL AMENITIES TO TO THAT DEVELOPMENT. WE'RE WE'RE WE'RE IN DEEP DESIGN, FINISHED FOR A COFFEE SHOP AT THE END AND A FINE DINING RESTAURANT IN THE BACK WITH A COVERED PATIO. I DID GO AROUND THE COMMUNITY, CANVASS THE COMMUNITY JUST TO LET THEM KNOW ABOUT THE DEVELOPMENT TO MEET ME. AND THEN WE HAD A WE HAD A A TOWN HALL MEETING, COMMUNITY MEETING LAST THURSDAY, AND I CAN GIVE YOU A HANDOUT. IT'S OKAY. KIND OF SHARE. HOLD A HAND OUT FROM MY THERE WAS A THERE WAS A PRESENTATION I GOT IT. OH GOT IT, GOT IT, GOT IT, GOT IT.

YEAH. SO WE HAD A REALLY GOOD RESPONSE. WE HAD ABOUT 40 PEOPLE FROM THE COMMUNITY TO COME OUT. THEY GOT OUT THERE AND LOOKED AT THE PICKLEBALL COURTS AND JUST REALLY READY TO GO. I THINK IT WAS A DEEP INVESTMENT FOR OUR FAMILY TO TAKE ON. WE BELIEVE IN DUNCANVILLE AND WE DESIRE TO HAVE A REALLY NICE DEVELOPMENT. I DO WANT TO ADDRESS SOME OF THE STAFF REPORT THAT WAS PUBLISHED PUBLICLY. I SENT A LONG EMAIL TO THE CITY STAFF CONCERNING THAT. TWO THINGS. THERE WERE SOME, SOME, SOME THINGS GOING ON, NOT NECESSARILY WITH US, BUT WITH OUR CONTRACTOR. WE HAD TO DO A, A HAMMERHEAD. A HAMMERHEAD WAS REQUIRED BY THE CITY FOR THE FIRE LANE. AND SO HE OPENED UP A CONCRETE PERMIT. HE HAD TO DO A RIGHT OF WAY IN THE FRONT, TOO. AND SO HE WAS WORKING UNDER THAT ONE CONCRETE PERMIT, AND HE POURED THE PICKLEBALL COURTS. AND SO I THINK IT WASN'T NOTHING NEFARIOUS, IT WAS JUST HIM WORKING WITH THE CITY. HE ASSUMED THAT THAT THAT THAT CONCRETE PERMIT WAS STILL VALID AT THAT TIME. SINCE THAT TIME, THE CITY ASKED FOR ALL THE INFORMATION. SO I'VE DONE THE BEST I CAN TO PROVIDE ALL THE WORK THAT WAS PERFORMED THERE. AS FAR AS THE USAGE OF THE BUILDING, WE HAVE AN ACTIVE CEO AND I SHARE IT WITH STAFF. TODAY. WHEN WE ACQUIRED THE PROPERTY, A CHURCH WAS OPERATING THERE AND SO WE WANTED TO HAVE THE CEO SO WE CAN MANAGE THAT TENANT. SO WE WERE STILL PARTNERING THE CHURCH WITH HAVING SERVICES ON SUNDAYS. WE WAS HAVING EVENTS. I JUST ASSUMED NONE OF THE EVENTS THAT WE HAD WAS A PUBLIC EVENT. IT WAS ALL IT WAS A FAMILY REUNION, A MY DAUGHTER'S GRADUATION. WE HAD A REPASS FOR A FAMILY MEMBER. SO EVERYTHING LIKE MY BUILDING KIND OF CONCEPT, I DIDN'T THINK IT WOULD BE AN ISSUE. WE HAD A CEO AND SO SO I JUST WANTED TO BRING THAT TO YOUR ATTENTION, SO I APOLOGIZE. DEFINITELY WANT TO. WE DID HIRE A GROUP TO KIND OF HELP SUPPORT US IN THESE ACTIVITIES WITH THE CITY. SO ANYWAY, THAT'S ALL I WANTED TO SHARE. THANK YOU, MR. MADAN. IF YOU HANG TIGHT. COLLEAGUES, ARE THERE ANY QUESTIONS FOR MR. MADAN? IF JUST ONE HOLD ON, VICE CHAIR WYNNE. AND THEN WE'LL COME TO YOU. COMMISSIONER SALAZAR. SO WHAT YOU'RE SAYING IS THAT THE REPORT FROM STAFF ABOUT OPERATING WITHOUT PROPER LICENSURE. YOU'RE SAYING THAT THAT WAS SIMPLY AN ERROR ON YOUR PART? YEAH, I PROVIDED THEM WITH THE CEO NUMBER. I SENT IT TODAY, BUT I SENT THEM THE ACTUAL COPY OF THE WHEN WE APPLIED FOR IT AND STUFF. BUT I HAVE THE EMAIL AND I GAVE THEM THE RECEIPT OF THAT ISSUED PERMIT. WE HAD THE CEO BECAUSE THEY WOULDN'T ALLOW THE CHURCH TO CONTINUE TO OPERATE WITHOUT IT. AND SO WE WERE IN THE APPLICATION. THE THE CEO IS ACTUALLY IN OUR BUSINESS NAME, ANY DEVELOPMENT LLC. SO ALL RIGHT. THANK YOU. AND THEN AND THEN FOR THE WORK THAT WAS DONE INSIDE THE BUILDING, WE HAD A PERMIT FOR A SHOW SHOW CLEANING SHOW. WE JUST TAKING THE THE LEFTOVER POSSESSION FROM THE OLD OWNER OF THE SCHOOL AND STUFF LIKE THAT. REMOVE THAT AND JUST PAINTED THE WALLS AND PULL UP THE CARPET. SO WHEN A RESTAURANT TENANT COME IN, THEY CAN SEE POTENTIAL SIGHT. SO. IS THAT GOOD FOR YOU, COMMISSIONER? WHEN ARE YOU GOOD? OKAY. COMMISSIONER SALAZAR. YEAH. SO CAN YOU HEAR ME? HOW ABOUT NOW? OKAY, HERE WE GO. I DON'T REALLY THINK IT SHOULD BE A FACTOR FOR US TO CONSIDER WHAT WAS GOING ON WITH YOUR, YOU KNOW, PERMIT WITH THE

[00:50:02]

SEEING NO OTHER QUESTIONS IN QUEUE AND STOP ME IF YOU DO, MR. MATE AND I DO HAVE A QUESTION. MY FIRST QUESTION IS ARE YOU ADVERSE? ARE YOU AWARE AND OR ADVERSE TO TAKING WHATEVER STEPS NECESSARY TO SATISFY WHATEVER, WHATEVER REQUIREMENTS AS IT RELATES TO GETTING TO PERMITTING FOR THE USE? YOU'RE BEFORE US ASKING FOR? BECAUSE I THINK WE SAW SOMETHING ABOUT A SITE PLAN, AND I UNDERSTAND ALL OF THAT. BUT ALL OF THAT MUST BE SATISFIED BEFORE A CO WOULD BE ISSUED. WHAT WHAT IS YOUR STANCE ON SATISFYING OR WHATEVER IT TAKES OF YOU? THEN I HAVE A FOLLOW UP QUESTION THAT'S RELATED TO THAT.

CERTAINLY FULL, FULL COOPERATION. I THINK WHEN WE GOT ABOUT THE LOADING ZONE, I DID SEND A MESSAGE AND I HAVE I HAVE THE EMAIL THAT I SENT TO CURT THAT I MEASURED IT. IT SEEMED LIKE IT WAS PROBABLY 4010. I INVITED HIM TO COME OUT TO WALK THE PROPERTY WITH ME, AND I GOT THAT EMAIL. SO EVEN THE CHANGES THAT STAFF HAVE REQUIRED OF ME HAD TO GO THROUGH SEVERAL RENDITIONS TO GET THE SITE PLAN EXACTLY THE WAY THEY WANTED IT. EVEN THE LANDSCAPING THEY HAD RECOMMENDATION ABOUT. WE END UP PUTTING MORE TREES AND STUFF IN THE PARKING LOT JUST BECAUSE THEY SAY YOU GOT TO HAVE A NUMBER OF TREES THERE. SO EVERYTHING THEY'RE ASKING OF US AND IT'S FULLY DOCUMENTED, WE'RE TRYING TO ADHERE TO IT. I MEAN, WE WANT I'M AN 18 YEAR RESIDENT HERE, BEEN HEAVILY INVOLVED IN THE CITY, SO I WANT TO BE A GOOD CITIZEN. SO YEAH. THANK YOU FOR THAT. MY I GUESS MY OTHER MY WONDERMENT HAS ME WONDERING JUST THIS ONE SMALL THING. HOW DID YOU EVEN, YOU KNOW, YOU'VE SHARED WITH VICE CHAIR NGUYEN THAT YOU HAVE FURNISHED THE CITY WITH THE, THE, THE ACTIVE CO AND ALL OF THAT? HOW DID YOU EVER EVEN GET TO THE CONVERSATION ABOUT ADDING A BULKHEAD? I MEAN, JUST REGARDLESS, I'M JUST CURIOUS IN BECAUSE IT SEEMS LIKE THERE HAVE BEEN SOME SITE PLAN ENHANCEMENTS OR THINGS THAT HAVE DONE SO THAT SEEMS TOTALLY DISJOINTED FROM SOME OF THE OTHER THINGS THAT I'M HEARING AS AS LATE AS THIS EVENING. SO DO YOU HAVE ANY LIGHT YOU CAN CAST ON US TO SHARE WITH? JUST BECAUSE I'M WONDERING, HOW DID YOU EVEN GET TO ADDING A BULKHEAD IN ANY OF THOSE OTHER THINGS? IF THIS WAS AN UNKNOWN USE AND ALL THE REST WE'VE HEARD? I MEAN, A LOT OF THIS WAS JUST UNCOVERED THROUGHOUT THE PROCESS, RIGHT? AND JUST TRYING TO IF SOMETHING WAS DONE, UNINTENTIONAL ERROR, JUST COURSE CORRECTION. OKAY. SO LIKE I SAID BEFORE, WHEN WHEN WE CAME BEFORE EDC AND THE COUNCIL, WE GOT APPROVED UNANIMOUSLY. THEY AWARDED US A GRANT TO RESTORE THAT PROPERTY. AND FROM MY UNDERSTANDING, I WAS WORKING UNDER THE ASSUMPTION THAT WE WERE DOING EVERYTHING THAT WAS WAS ACCORDING TO BE RIGHT. YOU KNOW, WE HAD THE CO AGAIN, THAT WAS NOT LIKE WE WERE GOING OUT SAYING THAT WE GOT PRIVATE EVENTS FOR OUTSIDE PEOPLE TO COME IN AND HOST EVENTS THAT NEVER HAPPENED AT ALL AT THE PROPERTY. AND SO SOMEONE MAY HAVE MISSED, MISUNDERSTOOD AND THOUGHT THAT THERE WAS SOMEBODY ELSE IN OUR PLACE. WE HAVE NOT EVER RECEIVED $1 FROM RENTING OUT THAT SPACE TODAY. ALL RIGHT. THANK YOU FOR THAT RESPONSE. ALL RIGHT. WE HAVE SOME I SEE NO OTHER QUESTIONS IN QUEUE. THANK YOU, MR. MADAN. HANG TIGHT. IF WE HAVE ANY QUESTIONS FOR YOU. I DID NOTE SOME FOR INDIVIDUALS THAT WANT TO SPEAK FOR THIS. IF ANYONE HAS CHANGED THEIR MIND AND WANT TO SPEAK AGAINST THIS, DO DO LET ME KNOW. BUT BEFORE WE MOVE TO THOSE WHO WANT TO SPEAK FOR THIS, I SEE STAFF WANT TO GET MY ATTENTION. I. I DON'T WANT TO BE OUT OF ORDER, BUT I WOULD LIKE TO ADDRESS SOME OF THE THINGS THAT WERE STATED. YEAH, I THINK THAT IF WE HAVE SOME FOLLOW UP QUESTIONS FOR STAFF, WE WILL GET TO THOSE. I THINK WHEN WE WENT THROUGH THE BRIEFING, THERE WAS SOME POINTED QUESTIONS THAT WERE RELATED.

BUT IF WE NEED TO DO PERHAPS, I GUESS, SOME FORM OF REDIRECT ON THE BACK SIDE, I GUESS, I GUESS WE, I GUESS WE CAN, BUT I WANT TO MOVE FORWARD WITH HOW WE'VE LAID OUT OUR PUBLIC COMMENTS AT THIS TIME. OKAY. ALL RIGHT. SO I DID TAKE NOTE OF FOUR INDIVIDUALS. SO IF YOU WOULD PLEASE COME FORWARD, YOU HAVE TWO MINUTES TO GIVE US YOUR COMMENTS. IF YOU WOULD START WITH GIVING US YOUR NAME AND ADDRESS FOR THE RECORD. GOOD EVENING. HOW YOU DOING? MY NAME

[00:55:08]

AND SO WE DISCUSSED FOR A NUMBER OF YEARS ABOUT PUTTING THAT PROPERTY UP FOR SALE. ONE OF OUR CONCERNS WAS WHO WAS GOING TO BUY IT. WE DIDN'T JUST WANT ANYBODY THERE. AND OUR HOPE WAS AND PRAYER WAS THAT SOMEBODY THAT WAS GOING TO PURCHASE IT WOULD BE A RESIDENT WHO LOVED THE COMMUNITY, LOVED THE CITY AND SOMEONE WE CAN WORK WELL WITH. AND I HAD ACTUALLY KNOWN TIM A FEW YEARS PRIOR TO HIM PURCHASING THE PROPERTY. AND WHEN THE OPPORTUNITY CAME UP FOR HIM TO STEP IN AND DO THAT, WE HAD SOME GOOD CONVERSATIONS, AND ALL I HEARD FROM HIM WAS VISION AND A LOVE FOR DUNCANVILLE, LOVE FOR THE COMMUNITY. AND SO WE FELT LIKE THAT WAS AN ANSWER TO PRAYER. WE FELT LIKE THAT WAS WHAT WE WANTED TO SEE. AND ALSO TOO, WE'RE WE'RE REAL VESTED WITH OUR COMMUNITY WITHIN OUR CHURCH AREA. AND EVERY TIME WE HAVE CONVERSATIONS BECAUSE PEOPLE KNEW WE OWNED THAT PROPERTY, AT ONE POINT WHEN THEY FOUND OUT THAT WE SOLD IT, THEIR CONCERN WAS, WHAT'S GOING TO HAPPEN WITH IT? WHAT'S GOING TO GO THERE? AND WE WERE SHARING A LITTLE BIT OF OF SOME OF HIS VISION, NOT ALL OF IT, BUT JUST SOME OF THE VISION THAT THEY HAD REGARDING THE PICKLEBALL COURTS, THINGS OF THAT NATURE. AND EVERYBODY IN THE COMMUNITY THAT WE SPOKE TO WAS REALLY ENTHUSIASTIC AND EXCITED ABOUT IT. IT WAS SOMETHING DIFFERENT FOR THE COMMUNITY, SOMETHING DIFFERENT FOR THE CITY, AND I THINK IT WOULD BE A BLESSING AND REALLY BRING ABOUT SOME VIBRANCY TO DUNCANVILLE. AND AND I'M GRATEFUL TO TIM FOR TAKING ON THIS PROJECT. I KNOW IT'S BEEN A LOT FOR HIM, BUT WE ARE IN FAVOR OF EVERYTHING HE WANTS TO DO THERE. THANK YOU.

THANK YOU SO VERY MUCH. NEXT SPEAKER. GOOD EVENING. GOOD EVENING. MY NAME IS DIXIE SEDGWICK. I LIVE ON HILL CITY, 1322 HILL CITY DRIVE. AND FIRST OF ALL, I PLAY PICKLEBALL. I LOVE PICKLEBALL, IT'S SUPER FUN, YOU GUYS. IT'S KIND OF ADDICTIVE. IT'S IT'S. AND ONE OF THE THINGS IS THAT THERE ARE NO OUTDOOR PICKLEBALL COURTS IN DUNCANVILLE. A LOT OF THE OTHER CITIES AND SURROUNDING CITIES OFFER OUTDOOR PICKLEBALL TO THE TO THE COMMUNITY. BUT WE DON'T HAVE THAT. THE ONLY PICKLEBALL COURTS THAT ARE OFFERED HERE IS AT THE COMMUNITY CENTER. YOU HAVE TO HAVE, YOU KNOW, YOU HAVE TO HAVE A MEMBERSHIP THERE, RIGHT? SO THIS IS AN EXCELLENT OPPORTUNITY FOR THE COMMUNITY TO BE ABLE TO GET INVOLVED. THERE'S SO MANY ELEMENTS ABOUT PICKLEBALL THAT ARE THAT ARE WONDERFUL THAT I PERSONALLY ENJOY. YOU KNOW, YOU HAVE A VARIETY OF AGES, YOU KNOW, FROM 5 TO 72 YEARS OLD AND JUST THERE'S SO MANY DIFFERENT, YOU KNOW, YOU'VE GOT DIFFERENT ETHNICITIES, YOU HAVE DIFFERENT PEOPLE FROM ALL WALKS OF LIFE, AND THEY'RE ALL COMING TOGETHER AND THEY'RE PLAYING. AND IT REALLY DOES BRING THE COMMUNITY TOGETHER. AND SO IT'S REALLY BEEN A BEAUTIFUL THING. AND AND SO I'M EXCITED. I HOPE YOU GUYS PASS IT. THANKS. THANK YOU. NEXT SPEAKER THANK YOU. GOOD EVENING. GOOD EVENING. MY NAME IS MARK BOYD. I'VE BEEN IN DUNCANVILLE SINCE 76 OVER AT 1054 BRIER HILL CIRCLE. EVERY SINGLE DAY I GET UP AND I DRIVE TO GRAND PRAIRIE. IT'S TRUE. IT'S WHERE MY FRIENDS ARE. IT'S WHERE MY PICKLEBALL BUDDIES ARE. I STARTED PLAYING IN 2018 AND I'VE MET MORE FRIENDS. I'VE HAD MORE RELATIONSHIPS AND JUST MY PHYSICAL HEALTH. MENTAL ATTITUDE IS PERFECT. I LOVE IT, SO I'M EXCITED ABOUT WHAT DUNCANVILLE IS GOING TO DO. I'M EXCITED FOR TIM AND THE THINGS THAT HE CAN DO. I HAVE A BUSINESS HERE IN DUNCANVILLE MYSELF, SO ANYTHING THAT CAN HELP THE TAX BASE, ANYTHING THAT CAN DRIVE BUSINESS, ANYTHING THAT CAN DRIVE INSPIRATION IN OUR CITY, WE NEED THAT. AND I APPRECIATE YOU GUYS TAKING YOUR TIME TO SIT ON THE BOARD, MAKE THE HARD DECISIONS THAT NOBODY WANTS TO MAKE, KEEP US NICE AND CLEAN. I APPRECIATE THAT, AND I APPRECIATE YOU REVIEWING THIS CASE AND SEEING WHAT Y'ALL CAN DO. THANK YOU SO MUCH. THANK YOU SO VERY MUCH. IS THERE ANOTHER SPEAKER? HELLO ALL. MY NAME IS RICHARD WATKINS. I'VE LIVED IN DUNCANVILLE ABOUT 12 YEARS. MOST RECENTLY I BOUGHT A HOUSE ON A BROOK TRAIL, WHICH IS THE NEIGHBORHOOD JUST BEHIND THERE. THREE, THREE, TWO, SEVEN

[01:00:05]

[01:05:03]

ALL RIGHT. THANK YOU. ANYONE ELSE? GOING ONCE? NO. ALL RIGHT. IT IS 806. I WILL NOW ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION TO CLOSE PUBLIC HEARING. THANK YOU.

COMMISSIONER SALAZAR, IS THERE A SECOND? SECOND. THANK YOU, COMMISSIONER NGUYEN. ALL THOSE VOTING TO CLOSE THE PUBLIC HEARING AT 806. PLEASE DO SO BY YOUR VOTING INDICATORS FOR VOTING IN FAVOR. THE PUBLIC HEARING STANDS CLOSED AT 806. BEFORE I MOVE INTO ENTERTAINING A MOTION. I WANT TO ASK COLLEAGUES, DO YOU ALL HAVE ANY QUESTIONS YOU DIDN'T GET A CHANCE TO ASK STAFF FOR A NEWLY FORMED QUESTION THAT YOU HAVE FOR STAFF? GO AHEAD, COMMISSIONER, WITH YOUR QUESTION. STAFF DID. YOU GUYS ARE RECOMMENDED TO COMBINE THEM INTO ONE? FORGIVE MY IGNORANCE, BUT WOULD IT BE POSSIBLE TO BECAUSE I THINK WE'RE ALL IN THE BALLPARK. I DON'T THINK YOU GUYS HAD ANY. ASIDE THAT WERE FINDING SOME, YOU KNOW, PUSHBACK ON. YES, MA'AM. SO IS IT POSSIBLE TO. ASK QUESTIONS FOR. FOR THE.

CORRECT. CORRECT. I GOT YOU. SO I'M GONNA ANSWER THE SECOND QUESTION FIRST, AND THEN I'M GONNA DEFER TO LEGAL AND MY BOSS ON THE FIRST ONE JUST TO MAKE SURE I'M SAYING THE RIGHT THING. SO THE SECOND QUESTION, WITH THE LOADING AREA IN THAT SPOT AFTER IT BEING MEASURED ON SEVERAL OCCASIONS, IT CAN'T WORK THERE. HOWEVER, WHERE HE HAS HIS DUMPSTER IS IN THAT AREA IS PROBABLY A MUCH BETTER LOCATION. YES, HE WOULD LIKELY HAVE TO MOVE HIS DUMPSTER TO ANOTHER SPOT ON THE PROPERTY, SO IT'S NOT IMPOSSIBLE. IT JUST WOULDN'T BE DOABLE IN THAT PARTICULAR SPOT THAT HE HAS MARKED ON THE SITE PLAN. AND I HATE TO BIFURCATE YOUR QUESTION AND JUMP IN, BUT WITH THAT, EVEN IN SO MOVING WHERE THE TRASH DUMPSTERS ARE LOCATED, WE DON'T ORDINARILY GET INVOLVED IN THAT LEVEL OF DETAIL. BUT MY QUESTION THEN BECOMES, IF HE WERE TO MOVE THAT LOCATION, WOULDN'T THAT QUALIFY AS A MINOR AMENDMENT TO THE SITE PLAN AND COULD EVENTUALLY BE WORKED OUT IN DUE COURSE OR SO? THE WAY THIS IS? I KNOW YOU SAID YOU DON'T GET INTO THE DETAILS OF IT, BUT WITH THE SP AND THE SITE PLAN, THESE ARE THE DETAILS OF IT. AND SO THIS IS THE FULL SCOPE OF IT. SO I'M AWARE OF THAT.

I'M ASKING YOU A MINOR AMENDMENT YES OR NO. SO NO WHY WOULD WE WOULDN'T WANT WE WOULD WANT TO GET IT RIGHT THE FIRST TIME SO WE WOULDN'T HAVE TO COME BACK AN AMENDMENT. OKAY.

BECAUSE THEN HE WOULD HAVE TO COME THROUGH THIS PROCESS, POSSIBLY AGAIN, BECAUSE THE ISSUE SIMILAR TO LAST MONTH WITH ZIGGY ZIGGYS, THEY WANTED TO AMEND THE DRIVE THROUGH. AND SO HE HAD TO COME BACK THROUGH THIS PROCESS. AND SO TO ALLEVIATE HIM HAVING TO DO THE RUN AROUND, SPENDING MORE MONEY, MORE TIME TRYING TO GET IT DONE IN THE FIRST GO ROUND. WELL, LET ME ASK YOU ONE MORE PRACTICAL QUESTION THAT WOULD BE ABLE TO, I THINK, GET THIS OFF OUR DESK TONIGHT. WE. HE COULD WORK. THE APPLICANT COULD WORK OUT ALL OF WHAT YOU'RE TALKING ABOUT AND NOT HAVE TO COME BACK TO US BETWEEN NOW AND COUNCIL, RIGHT, WITH WHATEVER SITE PLAN AND WHATEVER BEFORE IT GOES UP, BECAUSE WE'RE JUST A BODY MAKING A RECOMMENDATION TO COUNCIL, WHATEVER RECOMMENDATIONS YOU MAKE. YES. SO SO THE ANSWER TO THAT QUESTION IS YES, YES, YES. OKAY. ALL RIGHT THEN I'LL LET YOU GO FORWARD WITH YOUR LEGAL. THANK YOU. SO, COMMISSIONER ZARATE, BACK TO YOUR QUESTION. THE SECOND PART. YES. IT'S DOABLE.

IT'S JUST NOT IT'S NOT GOING TO BE DOABLE IN THAT SPOT. TO YOUR FIRST POINT ABOUT THE EVENT CENTER AND BREAKING OFF THE USES, THE BUILDING ITSELF CAN BE ATTACHED TO THE PICKLEBALL COURTS AND IT CAN BE A WHOLE THING. SO IF THAT WAS A PICKLEBALL COURT AND THE BUILDING IS UTILIZED AS PART OF THAT, THEY COULD DO WE COULD DO THAT. SO LIKE IF THE BUILDING WAS USED AS INDOOR PICKLEBALL, PICKLEBALL COURTS OR EVEN LIKE RESTAURANT OR IT AS LONG AS

[01:10:04]

WHAT THE APPLICANT SENT WAS A RECEIPT FOR REGISTRATION. AND SO THAT IS NOT THE SAME AS A CERTIFICATE OF OCCUPANCY. HOWEVER, WE DID FIND THE MOST LATEST ONE FROM 2018 AND THAT WAS FROM THE ROCK CHURCH. HOWEVER, WHENEVER A TENANT CHANGES, A NEW CEO HAS TO BE ACQUIRED BY THAT NEW BUSINESS OWNER. AND SO AS OF TODAY, WE DO NOT HAVE A CEO FOR THAT PROPERTY WITH THE CHURCH OR WITH ANY LLC. HOWEVER, IF THERE ONE THAT WAS EXISTING, THE CHURCH LIKELY WAS AGAIN USING IT FOR DIFFERENT YOUTH PROGRAMING ACTIVITIES, THINGS OF THAT NATURE THAT IS A SEPARATE USE THAN THE EVENT CENTER. EVEN IF THEY WERE TO CHANGE THE OFFICE, IT CHANGES. IT MAY NOT CHANGE A WHOLE LOT, BUT THE CEO WOULD HAVE TO BE UPDATED. AND SO THERE ARE PREVIOUS PREVIOUS CEOS FOR THAT BUILDING FROM WHAT THE CHURCH WAS DOING, WHETHER IT WAS A SCHOOL FOOD PANTRY, EACH ONE OF THOSE, THEY CAME IN AND UPDATED THE CEO. BUT AS OF TODAY, THAT BUILDING DOES NOT HAVE A CEO EVEN TO BE AN OFFICE. WAS THERE ANOTHER ANYTHING SPECIFIC THAT YOU YOU SAID YOU WANTED TO MEET OUT? FROM WHAT HE MENTIONED? WANTING TO MAKE SURE I UNDERSTOOD. YES, MA'AM. BECAUSE, YOU KNOW, WE HEARD FROM STAFF AND THEN WE HEARD FROM THE GENTLEMAN. YES, MA'AM. AND THEN I JUST WANTED TO MAKE SURE THAT THERE WAS CLARITY ON WHAT IS BEING PRESENTED, WHAT IS SAID, AND HOW IT'S ACTUALLY IT SHOULD BE PUSHED AS FAR AS WHAT THE RULES AND REGULATIONS ARE THAT Y'ALL ABIDE BY. CORRECT. AND TO COMMISSIONER SALAZAR'S POINT ABOUT, YOU KNOW, DISREGARDING THE FOUNDATION, AGAIN, THAT'S ONE OF THOSE NUANCES OF LOOKING AT THE WHOLE SITE SAFETY. AND SO WE BECOME LIABLE IF THEY FOR WHATEVER REASON, THE CONCRETE WASN'T THE RIGHT THICKNESS. AND SO THAT'S WHERE WE FALL ON. WE INCLUDED THAT IN THAT. SO YOU KNOW, BECAUSE THE WORST THING THAT WE COULD DO IS SOMEBODY GET HURT OUT THERE AND THEY COME BACK AND SAY THAT IT WASN'T THICK ENOUGH IS GOING TO FALL ON. THEY'RE GOING TO IMMEDIATELY SAY, WHAT WAS THE PERMIT? AND IF THERE ISN'T ONE, IT KIND OF TIES OUR HANDS. LET ME JUST FOLLOW UP TO THAT ONE MOMENT. BUT ALL OF THE THICKNESS OF CONCRETE AND ALL OF THAT IS GOING TO BE DETERMINED BY THE BUILDING OFFICIAL. BEFORE THE CO YOU MENTIONED THAT IS MISSING WOULD BE ISSUE, CORRECT. THEY'VE BEEN DOING IT BEFORE BECAUSE IT'S I'M JUST SAYING ORDINARILY I'M NOT TALKING TYPICALLY I MEAN WELL REGARDLESS REGARDLESS. YEAH. TYPICALLY IN THE PROCESS OF ORDER. YEAH THEY WOULD DO THAT. THEY WOULD CHECK THE THE CONCRETE BEFORE THEY ISSUE A CO. CORRECT. BUT EVEN AFTER THE FACT AND ISSUING A CON IN ISSUING A CERTIFICATE, WOULD NOT THE BUILDING OFFICIAL DETERMINE WHETHER OR NOT IT COMPLIES WITH ALL OF ITS BUILDING CODES AND STANDARDS FOR THE REASONS YOU JUST SHARED WITH US AT THE PODIUM? SO HE WOULD GET A PERMIT, CONCRETE PERMIT FIRST SO HE COULD RUN THEM CONCURRENTLY. WE WOULD I MEAN, AGAIN, WHEN WE WHEN PEOPLE DO THAT, WE RECOMMEND ONE COULD GO SOONER THAN THE OTHER. SO YES, THE CONCRETE PERMIT WOULD COME AND THEN THE CO. SO THAT IS HIS RIGHT TO DETERMINE THAT IT'S THE RIGHT THICKNESS. THANK YOU. I'M NOT GOING DOWN THAT ROAD. THANK YOU. SO JUST FOR TO SIMPLIFY THINGS FOR MYSELF. SURE. WE NEED A CONCRETE SITE PLAN IN ORDER TO PROCESS IT WITH THE SUP BECAUSE THAT IS PRETTY MUCH GOING TO BE THEIR MAP FOR HOW TO, YOU KNOW, MOVE FORWARD. AND THIS IS WHAT THE CITY IS AGREEING TO, RIGHT? CORRECT. SO THEY NEED TO CHANGE THE LOADING DOCK. THAT'S LIKE THE MAIN CONCERN RIGHT NOW. RIGHT. FOR THE MAIN CONCERN IS FROM WHAT WE'VE HEARD FROM THE

[01:15:01]

THAT'S JUST IF HE WANTED TO MOVE IT OVER, THAT'S FINE. HE JUST HAS TO MAKE SURE THAT THAT WHEREVER HE MOVES IT IS THE RIGHT WIDTH. OKAY. ALL RIGHT. MISS JONES. HELLO, CHAIR. I WANTED TO COME BACK TO YOU, COMMISSIONER WYNNE, IN REGARDS TO THE CEO, YOU HAD ASKED ABOUT IT BEING OCCUPIED, AND IF SO, NO, THERE'S NOT A CURRENT CEO. BUT THE FLIP TO THAT IS, IS THAT I KNOW THAT IT WAS MENTIONED THAT, YOU KNOW, JUST THE EVENTS BEING SMALLER WITH OUR BUILDING OFFICIAL BECAUSE THERE IS NO CURRENT CEO, IT SHOULDN'T BE OCCUPIED AT ALL.

AND SO BECAUSE IT'S BEEN OCCUPIED, THAT'S KIND OF HAS TRIGGERED SOME OF THE OTHER THINGS, WHETHER IF IT'S A SMALL EVENT OR LARGE EVENT, IT SHOULDN'T BE OCCUPIED BECAUSE IT PUTS EVERYBODY AT LIABILITY, INCLUDING THE OWNER. AND SO THAT'S ONE OF THE THINGS BECAUSE OF THOSE THINGS THAT WERE TRIGGERED, IT ALSO PLAYED A ROLE INTO SOME OF THE OTHER THINGS THAT KIND OF CAME INTO PLAY WHEN WE TALKED ABOUT GOING THROUGH THE THINGS THAT WE HAD TO LOOK INTO WITH OUR RECOMMENDATION FOR DENIAL. AND SO I DID WANT TO MAKE GIVE A POINT OF CLARITY WITH THAT, BECAUSE I KNOW THAT WAS MENTIONED, BUT THAT'S NOT NECESSARILY ON OUR END. WE DON'T HAVE A CEO CURRENTLY. COLLEAGUES, ANYTHING ELSE FOR STAFF AS AN OVER. ALL RIGHT. WE'VE ALREADY. OPENED AND CLOSED THE PUBLIC HEARING.

THOSE WERE OUR FOLLOW UP ITEMS. IS IS THERE A MOTION? HEARING HEARING NONE AND SEEING NONE I MOVE THAT WE APPROVE THIS APPLICATION FOR A SPECIAL USE PERMIT FOR A PERIOD OF FOUR YEARS. AND IF I HAVE A SECOND, I HAVE COMMENTS. THANK YOU, COMMISSIONER SALAZAR, FOR FOR YOUR SECOND, I AM NOT INSENSITIVE, NOR AM I AGNOSTIC TO THE FINDING OR THE OR THE ALLEGATIONS THAT PERHAPS SOME USES HAVE OCCURRED ON THIS SITE THAT WERE NOT PRE-APPROVED. I'M NOT IGNORING OR AGNOSTIC TO ANY OF THE PERMITTING ISSUES. I HAVE THE FULL CONFIDENCE BASED ON THE TESTIMONY OF THE APPLICANT, THAT THE APPLICANT WILL WORK, CONTINUE TO WORK WITH THE CITY, AND CONTINUE TO WORK WITH BUILDING OFFICIALS BEFORE THIS REACHES COUNCIL TO CURE WHATEVER CONCERNS STAFF MAY HAVE WITH THE SITE. PLAN NUMBER ONE TO CURE WHATEVER MAY BE STILL EXISTING AS IT RELATES TO ANY PERMITTING, BE IT IGNORANCE OR ANY OTHER MOTIVE.

OTHERWISE, THAT IS NOT NECESSARILY WITHIN OUR WITHIN OUR PURVIEW. I'M GOING TO DISAGREE WITH STAFF'S RECOMMENDATION FOR DENIAL. FOR THE REASONS THAT HAVE BEEN POSTED PUBLICLY. I'M GOING TO DISAGREE WITH THE REASONS THAT STAFF HAVE RECOMMENDED DENIAL THAT HAS BEEN INCLUDED IN OUR MATERIAL TODAY. I THINK MANY OF THEM FALL WITH, WITHOUT, OR OUTSIDE OF THE SCOPE OF WHAT WE SHOULD BE CONSIDERING AND THE ELEMENTS OF AN SUP. WHEN I ANALYZE THIS APPLICANT BASED ON THE MATERIAL, BASED ON THE USE, BASED ON THE TESTIMONY TODAY, I THINK THAT THIS PARTICULAR PROJECT GOES FURTHER TO ENHANCE THE VISION OF THIS CITY. WHEN I READ AND I AM, I AM AND I'M NOT UNPERSUADED BY THE FACT THAT THE CITY OF DUNCANVILLE ECONOMIC DEVELOPMENT CORPORATION, WHOSE JOB IS TO ALSO LOOK AT THE COMPREHENSIVE PLAN AND MAKING SURE THAT WE'RE HEADED IN INVESTING IN THE RIGHT DIRECTION, HAVE AWARDED A GRANT. AS MY PREVIOUS SERVICE ON THE EDC, WE'VE AWARDED A GRANT TO THIS APPLICANT. I WAS NOT IN THAT CAPACITY, BUT I UNDERSTAND HOW THAT GRANT APPLICATION PROCESS WORKS. AND IT TOO WAS SUPPORTED, SUPPORTED BY COUNCIL. I'M ALSO INFORMED BY THE ZONING DISTRICT DESCRIPTION THAT'S INCLUDED IN TONIGHT'S MATERIAL, IN PARTICULAR, ENCOURAGING THE DOWNTOWN DUNCANVILLE SUPPORTS A PEDESTRIAN ORIENTED, MIXED USE URBAN DEVELOPMENT ENVIRONMENT WITH CONVENIENT ACCESS TO RAIL, TRANSIT, SHOPPING, EMPLOYMENT, HOUSING, AND NEIGHBORHOOD RETAIL SERVICES. THE INTENT IS TO REVITALIZE DOWNTOWN MAIN STREET TO BE THE CENTER OF LIFE IN THE COMMUNITY. I THINK WE'VE HEARD FROM CERTAIN RESIDENTS HOW THE USE THE PICKLEBALL COURT USE COULD HELP US WITH ATTRACTING MORE PEDESTRIAN TRAFFIC. I CAN POSSIBLY SEE WHY

[01:20:06]

AND IF WE LEARN SOMETHING DIFFERENT ALONG THE WAY, YOU KNOW, HOPEFULLY I'M HERE OR MAYBE HOPEFULLY I'M NOT HEARING FOUR YEARS. WE CAN WE CAN WE CAN RECONSIDER THAT AT THAT TIME. BUT TODAY I THINK THAT BASED ON STAFF'S RECOMMENDATION, THEIR WORK, I'M READY TO MOVE FORWARD WITH THIS ON A ON A FOUR YEAR PERIOD. AND I HOPE THAT MY COLLEAGUES CAN SUPPORT THE MOTION. COMMISSIONER NGUYEN YES, I, I HEAR WHAT YOU'RE SAYING AND I CAN APPROVE THIS WITH RESERVATION, PRIMARILY BECAUSE OF THE LACK OF THE CEO. SO I COULD APPROVE THIS PENDING THE CEO BEING BEING COMPLETED AND APPROVED. THAT'S FAIR. MADAM VICE CHAIR, I MIGHT WANT TO JUST ADD, AND I DON'T THINK I LEGAL WILL NEED TO CHIME IN, BUT THEY A I THINK SINCE BEING PUT ON NOTICE OF OF ANYTHING HAVE NOT BEEN A OPERATING BUT B WOULD NOT BE LEGALLY ABLE TO OPERATE WITHOUT A CEO TO TO TO ADDRESS YOUR CONCERN ABOUT ABOUT MOVING FORWARD. THEY COULD NOT DO ANYTHING UNTIL THEY RECEIVED A CEO AND THEY WOULDN'T BE ABLE TO RECEIVE A CEO UNTIL THE BUILDING OFFICIAL SIGNED OFF AND SAID THAT THEY COULD TAKE OCCUPANCY AND, YOU KNOW, AND OPERATE WITHIN THE CONFINES OF THE SP. SO FOR ME, THAT INTERVENING TIME BETWEEN HERE AND MOVING TO COUNCIL AND HAVING THEM CONSIDER AND ANY, ANY CURING THAT NEEDS TO HAPPEN, SHOULD COUNCIL APPROVE THIS TO GETTING TO PERMITTING WOULD ADDRESS OUR DOCKING LOCATION, WOULD ADDRESS ANY OF THOSE OTHER ISSUES THAT I THINK THAT MAY CAUSE YOU SOME RESERVATION.

I JUST WANTED TO JUST SHARE THAT WITH YOU ABOUT, YOU KNOW, PROGRAMMATICALLY HOW THAT WOULD WORK MOVING FORWARD. AND I'LL TURN TO OUR LEGAL COUNSEL. DID I MISSPEAK ON WHAT THAT PROCESS WOULD WOULD LOOK LIKE? I'D LIKE A LEGAL ANSWER TO THIS, JUST LEGALLY. IS THAT OKAY? SO OUR COUNSEL SAYING IT SOUNDS LIKE I JUST WANT TO MAKE SURE I WASN'T I WOULDN'T I WOULDN'T MISSPEAKING, BUT I ALSO WANT TO MAKE SURE THAT YOUR CONCERNS ABOUT THE MISSING CEO AND ITS FUTURE USE EXISTING. YOU KNOW WHAT I MEAN TO TO YOUR CONCERN. I JUST WANTED TO SHARE THAT.

OKAY, I AND I HEAR THAT, BUT I, I WOULD STILL WANT THAT FOR THE RECORD. OKAY. YES, MA'AM. OKAY.

SURE. YEAH. WE CAN I DON'T MIND AMENDING THE MOTION TO TO APPROVE FOR A FOUR YEAR PERIOD SUBJECT TO A CERTIFICATE OF OCCUPANCY BEING BEING ISSUED FOR FOR THE USE. I HAVE NO PROBLEM WITH THAT AT ALL. OKAY. DO YOU STILL HAVE THAT STILL HAVE YOUR SECOND ON THAT AMENDMENT. YEAH. OKAY. THANK YOU, MR. MAYOR. I JUST WANT TO MAKE SURE THAT THAT THAT THAT IS NOT BEFORE COUNCIL. IT'LL HAPPEN LATER. OF COURSE IT WILL. OF COURSE IT WILL. YEAH, BUT SHE JUST WANTS SHE WANTS TO THAT ASSURANCE THAT NOTHING ELSE WILL HAPPEN BASED THERE.

BASED ON WHAT WE'VE HEARD TODAY. THAT'S WHAT I HEAR YOU SAYING. YES. OKAY. ALL RIGHT. SEEING NO MORE IN QUEUE, ALL THOSE VOTING IN FAVOR FOR A FOUR YEAR PERIOD SUBJECT TO A CERTIFICATE OF OCCUPANCY BEING ISSUED, PLEASE VOTE YES BY YOUR VOTING INDICATORS FOR VOTING IN FAVOR.

MOTION PASSES UNANIMOUSLY. ALL RIGHT. THANK YOU SO VERY MUCH. THANK YOU ALL. WHO WERE THERE FOR FOR FOR YOUR COMMENTS TODAY. NOW TO MY FAVORITE AGENDA ITEM, ITEM NUMBER FIVE ADJOURNMENT.

[01:25:03]