Video index
A. WORKSHOP AGENDA
(1) Discuss agenda items
Roll Call: 11 members present, 0 members absent, 0 members excused.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Vaughn called the meeting to order at 7:00 PM and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) No items.
F. PUBLIC HEARING:
(3) Consider Case Z-1142-08; a request for an amendment to Planned Development 94 (PD-94). The amendment would add 5.93 acres of Office 1 (O-1) Zoning to PD-94 and change the base zoning of PD-94 from Single Family 20 (SF-20) to Single Family Attached (SF-A) with deviation requests to exterior construction, area and parking regulations. The area in question is located at the northeast corner of Wintergreen Road and Old Hickory Trail. The applicant is Colonial Communities.
Staff Report for Case Z-1142-08
Mr. Edlyn Vatthauer, Planning Manager, gave the staff report.
Chairperson Vaughn asked the Commission if there were any questions of staff. Hearing no response, she declared the public hearing open and asked the applicant to come forward to address the Commission.
Mr. Richard Shaw, of 17103 Preston Road, Dallas, representing Colonial Communities, came forward to address the Commission. He explained that Colonial Communities developed the senior citizen development Hickory Manor to the north and is developing the proposed development in a similar fashion. The proposed development will be single-story, low-density units for persons fifty-five years old & over. In addition, the units in Wintergreen Manor Senior Community will be larger than those units in Hickory Manor. Mr. Shaw also said he was available to answer questions.
Mr. Hank Feddern, of 17103 Preston Road, Dallas came forward to address the Commission. He gave a presentation about the proposed development, including information about the exterior material product "Nichiha" Fiber Cement.
Chairperson Vaughn asked the Commission if there were any questions for either Mr. Feddern or Mr. Shaw.
Vice Chairperson Simerly asked if the DeSoto Building Official has approved of Nichiha Fiber Cement as a product that meets the masonry code.
Mr. Feddern stated that the Building Official has not yet approved the Nichiha Fiber Cement as a product that meets the masonry code.
Mr. Shaw stated that Colonial Communities has provided the DeSoto Buidling Inspections Department with specifications for the Nichiha Fiber Cement product. This information will aid the Building Official when making a determination on whether or not Nichiha Fiber Cement product meets the masonary code.
Vice Chairperson Simerly stated that if the Planned Development Amendment was recommended for approval then a stipulation should be added noting that the Nichiha Fiber Cement be subject to approval by the Building Official.
Commissioner Jones asked for clarification on the age limit for living in the housing units.
Mr. Shaw informed the Commission that the age limit for residency in the proposed development would be one occupant for every unit must be 55 years-old or older, but would not exclude those persons under 55 years-old caring for persons living in the units who are fifty-five years old and older.
Commissioner North asked if this project was a separate entity from Hickory Manor. He also asked if the residents in Hickory Manor would be allowed to utilize the facilities or services in Wintergreen Manor.
Mr. Shaw stated that both properties would be considered separate senior communities with common management and activities for both developments, but there would be interaction between the residents of both communities.
Commissioner Jones asked if research would be conducted on the cost of carport spaces in Wintergreen Manor Phase Two, giving unit owners the option to select either a one car garage with a carport space or two car garage.
Mr. Feddern stated that Colonial Communities would not have a problem with conducting research on the cost to enclose the carport spaces in Phase Two of Wintergreen Manor, allowing unit owners the option to select either a one car garage with carport or two car garage space.
Chairperson Vaughn asked Assistant City Attorney Gowans if a stipulation needed to be added allowing unit owners the option to select either a one car garage with carport space or two car garage.
Assistant City Attorney Gowans informed the Commission that the stipulation could be added to the Planned Development Amendment.
Chairperson Vaughn asked Mr. Feddern about the visual appeal of the retention/ detention pond.
Mr. Feddern stated that the retention/ detention pond would contain continuously recycled water with a water feature.
Commissioner Chambers asked about the durability of the Nichiha Fiber Cement material and how this product would look over time, since the Nichiha Fiber Cement material is a fairly new product to the United States.
Mr. Shaw stated that Nichiha Fiber Cement has been used in the United States for approximately seven to eight years. He informed the Commission that this product was found in Japan and has been used in Japan for approximately 20 years. Mr. Shaw informed the Commission that the product comes with a fifty year warranty. He also informed the Commission that the detailed information pertaining to the product's durability has been provided to the Building Official.
Commissioner Chambers asked about the affordability of the units with the additional expense of Home Owner Association (HOA) fees for persons 55 years old and older.
Mr. Feddern stated that the HOA fees would only apply to the 62 saleable units in Wintergreen Manor Phase Two and the amount of the annual HOA fees would be relatively low.
Commissioner Stripling asked about how the pricing of the units would be affected if Nichiha Fiber Cement product is not approved as an allowed masonary product.
Mr. Feddern stated that the cost for application of both the Nichiha Fiber Cement and brick are the same. Indirectly, Colonial Communities saves money in time if the Nichiha Fiber Cement is applied because it can be applied faster than brick. The project can also be completed and available to produce revenue faster with Nichiha Fiber Cement, but either product will not affect the price point for potential tenants and unit owners.
Chairperson Vaughn asked the Commission if there were any other questions for either Mr. Shaw or Mr. Feddern. Hearing no response she asked if there was anyone else who wished to address the Commission either in favor or in opposition. There being no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1142-08; a request for an Amendment to Planned Development 94 (PD-94). Moved by Commissioner Dick North, seconded by Commissioner Tom Simerly.
with the following stipulations:
(1) An HOA is required for Phase Two of this development. A copy of the agreements, covenants and restrictions establishing and creating the Homeowners Association must be submitted to and approved by the City Attorney prior to submitting the Final Plat.
(2) Allow phase one to have a minimum of 140 parking spaces that are to be enclosed in a garage, a minimum of 100 spaces that are to be under carports, and 103 spaces that may be uncovered for a total of 343 parking spaces, rather than the required 480 enclosed parking spaces.
(3) Allow a maximum of 240 units in phase one. Of these, 60 units may have a minimum square footage of 813 square feet, 80 units may have a minimum square footage of 1,051 square feet, and 40 units with a minimum square footage of 1,150 square feet, rather than the minimum for SFA zoning of 1,250 square feet of living area.
(4) Allow a maximum of 62 units in Phase Two, with Type V units to have a minimum square footage of 1,120, rather than the 1,250 square feet of living area.
(5) Allow the Type IV units in Phase Two to have one enclosed parking space and one carport space, and allow the Type V units to have a one car garage; rather than the two enclosed spaces required in SFA. The carport for Type IV can be replaced with a second garage.
(6) The property shall be subject to a deed restriction that provides that only persons age 55 and up may occupy the housing units, consistent with the Federal Fair Housing Act.
(7) Allow Nichiha to be used as the exterior material throughout the project, as long as the material is approved by the Building Official as a product that is acceptable in the building industry.
Vote to Approve to Approve Case Z-1142-08; a request for an Amendment to Planned Development 94 (PD-94). (Approved)
Ayes: North, Simerly, Stripling, Dewberry, Chambers, Jones, Vaughn
Nays: None
(4) Consider Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance.
Staff Report for Case Z-1143-08
Ms. Linda Zombeck, Senior Planner, gave the staff report.
Chairperson Vaughn opened the public hearing. She asked Ms. Zombeck for clarification about the number of participants versus the number of parking spaces for Adult Day Care Center Parking Requirements; Section 38.6.
Commissioner Stripling asked for clarification on the size of the landscaped median in Section 38.3, Nonresidential and Multi-Family Districts - Special Off-Street Parking Provisions.
Chairperson Vaughn asked the Commission if there were any other questions for staff. Hearing no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance. Moved by Commissioner Van Stripling, seconded by Commissioner Tom Simerly.
Vote to Approve to Approve Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance. (Approved)
Ayes: Simerly, Dewberry, Stripling, Vaughn, North, Jones, Chambers
Nays: None
(5) Consider Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). The property in question includes Lots 12, 13, 14 & 15, Block E for Clover Haven Addition which is approximately 1.9 acres and located west of I-35 E and north of Parkerville Road. The applicant is Charles E. Carrier.
Staff Report for Case Z-1144-08
Ms. Linda Zombeck, Senior Planner, gave the staff report.
Chairperson Vaughn opened the public hearing and asked the Commission if there were questions of staff. There being no response, she asked the applicant to come forward to address the Commission.
Mr. Charles Carrier, of 7323 Campbell Road, Dallas, came forward to address the Commission. He informed the Commission that he would like to refinance the property, but the bank will not approve the refinancing because there is no access to the residential lots without passing through Commercial property. He told the Commission he was also available for questions.
Chairperson Vaughn asked the Commission if there were any questions of Mr. Carrier. Hearing no response, she asked if there was anyone else who wished to address the Commission either in favor or in opposition to Case Z-1144-08.
Ms. Lilla Bench, of 2852 Hurstview, Hurst, came forward to address the Commission. She expressed her concerns about the depreciation in property value the change of zoning would cause to surrounding properties.
Chairperson Vaughn asked if there was anyone else who wished to address the Commission. There being no response, she asked the Commission if there was any comments or discussion.
Commissioner Jones asked Mr. Carrier how long his has owned the property in question.
Mr. Carrier stated that he has owned the property for approximately one year.
Commissioner Jones asked Mr. Carrier if the property was purchased as commercial property.
Mr. Carrier stated that the subject lots was purchased for residential use and he purchased a total of 14 lots, ten of which were purchased as residential property, while the other four lots were purchased as commercial property.
Commissioner Stripling asked Mr. Carrier if he had any intention of developing the property.
Mr. Carrier informed the Commission that he did not have any intentions of developing the property, but will eventually sale the property.
Commissioner Stripling stated there were no guarentees that someone, including Mr. Carrier, will not attempt to develop the property.
Mr. Carrier stated there are no guarantees that someone would not attempt to develop the property commercially either.
Chairperson Vaughn asked the Commission if there were any additional questions, comments or discussion.
Vice Chairperson Simerly stated that changing the zoning of these four lots to residential zoning make sense to reflect the Future Land Use Plan in the Comprehensive Plan. He also stated that he would be in favor of case Z-1144-08.
Ms. Bench came forward to address the Commission. She stated that recommending approval to change the zoning of these four lots would be damaging to the City of DeSoto and we should all be looking toward the future of this City.
Commissioner Dewberry asked Ms. Bench about the current sewer situation in the Cloverhaven Addition area.
Ms. Bench informed the Commission that this area of Cloverhaven Addition uses septic sewer.
Chairperson Vaughn stated that she was torn between recommending approval or denial, but understands the purpose of the Comprehensive Plan and the City of DeSoto stands on the matter.
Chairperson Vaughn closed the public hearing and asked the Commission if there was any discussion on the issue.
Commissioner Dewberry stated that any significant commercial development will be next to impossible until city sewer is extended to this area. The current highest and best use for these four lots would be residential.
Commissioner Stripling stated although city sewer does not exist in this area of Cloverhaven Addition does not mean the we cannot move forward as a community to make it possible. It does not make sense to change the zoning of these fours lots.
Chairperson Vaughn asked the Commission for a motion or further comments.
Motion to Approve to Approve Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). Moved by Commissioner Donald Dewberry, seconded by Commissioner Tom Simerly.
Vote to Approve to Approve Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). (Approved)
Ayes: North, Jones, Dewberry, Simerly
Nays: Stripling, Chambers, Vaughn
G. REGULAR AGENDA:
(6) No items.
H. REPORTS TO COMMISSION:
(7) Report on City Council activity.
No items.
(8) Report on upcoming agenda items, projects or meetings.
No items.
I. ADJOURNMENT:
Being there was no other business; Chairperson adjourned the meeting at 8:45 PM.
Apr 08, 2008 Planning and Zoning Meeting
Full agenda
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Video Index
Full agenda
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A. WORKSHOP AGENDA
(1) Discuss agenda items
Roll Call: 11 members present, 0 members absent, 0 members excused.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Chairperson Vaughn called the meeting to order at 7:00 PM and noted for the record that seven (7) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) No items.
F. PUBLIC HEARING:
(3) Consider Case Z-1142-08; a request for an amendment to Planned Development 94 (PD-94). The amendment would add 5.93 acres of Office 1 (O-1) Zoning to PD-94 and change the base zoning of PD-94 from Single Family 20 (SF-20) to Single Family Attached (SF-A) with deviation requests to exterior construction, area and parking regulations. The area in question is located at the northeast corner of Wintergreen Road and Old Hickory Trail. The applicant is Colonial Communities.
Staff Report for Case Z-1142-08
Mr. Edlyn Vatthauer, Planning Manager, gave the staff report.
Chairperson Vaughn asked the Commission if there were any questions of staff. Hearing no response, she declared the public hearing open and asked the applicant to come forward to address the Commission.
Mr. Richard Shaw, of 17103 Preston Road, Dallas, representing Colonial Communities, came forward to address the Commission. He explained that Colonial Communities developed the senior citizen development Hickory Manor to the north and is developing the proposed development in a similar fashion. The proposed development will be single-story, low-density units for persons fifty-five years old & over. In addition, the units in Wintergreen Manor Senior Community will be larger than those units in Hickory Manor. Mr. Shaw also said he was available to answer questions.
Mr. Hank Feddern, of 17103 Preston Road, Dallas came forward to address the Commission. He gave a presentation about the proposed development, including information about the exterior material product "Nichiha" Fiber Cement.
Chairperson Vaughn asked the Commission if there were any questions for either Mr. Feddern or Mr. Shaw.
Vice Chairperson Simerly asked if the DeSoto Building Official has approved of Nichiha Fiber Cement as a product that meets the masonry code.
Mr. Feddern stated that the Building Official has not yet approved the Nichiha Fiber Cement as a product that meets the masonry code.
Mr. Shaw stated that Colonial Communities has provided the DeSoto Buidling Inspections Department with specifications for the Nichiha Fiber Cement product. This information will aid the Building Official when making a determination on whether or not Nichiha Fiber Cement product meets the masonary code.
Vice Chairperson Simerly stated that if the Planned Development Amendment was recommended for approval then a stipulation should be added noting that the Nichiha Fiber Cement be subject to approval by the Building Official.
Commissioner Jones asked for clarification on the age limit for living in the housing units.
Mr. Shaw informed the Commission that the age limit for residency in the proposed development would be one occupant for every unit must be 55 years-old or older, but would not exclude those persons under 55 years-old caring for persons living in the units who are fifty-five years old and older.
Commissioner North asked if this project was a separate entity from Hickory Manor. He also asked if the residents in Hickory Manor would be allowed to utilize the facilities or services in Wintergreen Manor.
Mr. Shaw stated that both properties would be considered separate senior communities with common management and activities for both developments, but there would be interaction between the residents of both communities.
Commissioner Jones asked if research would be conducted on the cost of carport spaces in Wintergreen Manor Phase Two, giving unit owners the option to select either a one car garage with a carport space or two car garage.
Mr. Feddern stated that Colonial Communities would not have a problem with conducting research on the cost to enclose the carport spaces in Phase Two of Wintergreen Manor, allowing unit owners the option to select either a one car garage with carport or two car garage space.
Chairperson Vaughn asked Assistant City Attorney Gowans if a stipulation needed to be added allowing unit owners the option to select either a one car garage with carport space or two car garage.
Assistant City Attorney Gowans informed the Commission that the stipulation could be added to the Planned Development Amendment.
Chairperson Vaughn asked Mr. Feddern about the visual appeal of the retention/ detention pond.
Mr. Feddern stated that the retention/ detention pond would contain continuously recycled water with a water feature.
Commissioner Chambers asked about the durability of the Nichiha Fiber Cement material and how this product would look over time, since the Nichiha Fiber Cement material is a fairly new product to the United States.
Mr. Shaw stated that Nichiha Fiber Cement has been used in the United States for approximately seven to eight years. He informed the Commission that this product was found in Japan and has been used in Japan for approximately 20 years. Mr. Shaw informed the Commission that the product comes with a fifty year warranty. He also informed the Commission that the detailed information pertaining to the product's durability has been provided to the Building Official.
Commissioner Chambers asked about the affordability of the units with the additional expense of Home Owner Association (HOA) fees for persons 55 years old and older.
Mr. Feddern stated that the HOA fees would only apply to the 62 saleable units in Wintergreen Manor Phase Two and the amount of the annual HOA fees would be relatively low.
Commissioner Stripling asked about how the pricing of the units would be affected if Nichiha Fiber Cement product is not approved as an allowed masonary product.
Mr. Feddern stated that the cost for application of both the Nichiha Fiber Cement and brick are the same. Indirectly, Colonial Communities saves money in time if the Nichiha Fiber Cement is applied because it can be applied faster than brick. The project can also be completed and available to produce revenue faster with Nichiha Fiber Cement, but either product will not affect the price point for potential tenants and unit owners.
Chairperson Vaughn asked the Commission if there were any other questions for either Mr. Shaw or Mr. Feddern. Hearing no response she asked if there was anyone else who wished to address the Commission either in favor or in opposition. There being no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1142-08; a request for an Amendment to Planned Development 94 (PD-94). Moved by Commissioner Dick North, seconded by Commissioner Tom Simerly.
with the following stipulations:
(1) An HOA is required for Phase Two of this development. A copy of the agreements, covenants and restrictions establishing and creating the Homeowners Association must be submitted to and approved by the City Attorney prior to submitting the Final Plat.
(2) Allow phase one to have a minimum of 140 parking spaces that are to be enclosed in a garage, a minimum of 100 spaces that are to be under carports, and 103 spaces that may be uncovered for a total of 343 parking spaces, rather than the required 480 enclosed parking spaces.
(3) Allow a maximum of 240 units in phase one. Of these, 60 units may have a minimum square footage of 813 square feet, 80 units may have a minimum square footage of 1,051 square feet, and 40 units with a minimum square footage of 1,150 square feet, rather than the minimum for SFA zoning of 1,250 square feet of living area.
(4) Allow a maximum of 62 units in Phase Two, with Type V units to have a minimum square footage of 1,120, rather than the 1,250 square feet of living area.
(5) Allow the Type IV units in Phase Two to have one enclosed parking space and one carport space, and allow the Type V units to have a one car garage; rather than the two enclosed spaces required in SFA. The carport for Type IV can be replaced with a second garage.
(6) The property shall be subject to a deed restriction that provides that only persons age 55 and up may occupy the housing units, consistent with the Federal Fair Housing Act.
(7) Allow Nichiha to be used as the exterior material throughout the project, as long as the material is approved by the Building Official as a product that is acceptable in the building industry.
Vote to Approve to Approve Case Z-1142-08; a request for an Amendment to Planned Development 94 (PD-94). (Approved)
Ayes: North, Simerly, Stripling, Dewberry, Chambers, Jones, Vaughn
Nays: None
(4) Consider Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance.
Staff Report for Case Z-1143-08
Ms. Linda Zombeck, Senior Planner, gave the staff report.
Chairperson Vaughn opened the public hearing. She asked Ms. Zombeck for clarification about the number of participants versus the number of parking spaces for Adult Day Care Center Parking Requirements; Section 38.6.
Commissioner Stripling asked for clarification on the size of the landscaped median in Section 38.3, Nonresidential and Multi-Family Districts - Special Off-Street Parking Provisions.
Chairperson Vaughn asked the Commission if there were any other questions for staff. Hearing no response, she closed the public hearing and asked the Commission for a motion.
Motion to Approve to Approve Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance. Moved by Commissioner Van Stripling, seconded by Commissioner Tom Simerly.
Vote to Approve to Approve Case Z-1143-08; an amendment to Section 38.2.D Residential Districts - Special Off-Street Parking Provisions (Access to Corner lot); Section 38.3, Nonresidential and Multi-Family (MF) Districts - Special Off-Street Parking Provisions (Landscaped Medians); Section 38.6, Parking Requirements Based on Use (Adult Day Care Center); Section 43.2, Front Yard (Orientation of Residential Structures to Front of Lot) Section A-3, Definitions - Front of Corner Lot and Section 43, Supplemental Regulations (Orientation of Structures on Corner Lot) and Section 43.5, Radio, Television and Microwave Towers (Location of Residential Areas) of the Zoning Ordinance. (Approved)
Ayes: Simerly, Dewberry, Stripling, Vaughn, North, Jones, Chambers
Nays: None
(5) Consider Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). The property in question includes Lots 12, 13, 14 & 15, Block E for Clover Haven Addition which is approximately 1.9 acres and located west of I-35 E and north of Parkerville Road. The applicant is Charles E. Carrier.
Staff Report for Case Z-1144-08
Ms. Linda Zombeck, Senior Planner, gave the staff report.
Chairperson Vaughn opened the public hearing and asked the Commission if there were questions of staff. There being no response, she asked the applicant to come forward to address the Commission.
Mr. Charles Carrier, of 7323 Campbell Road, Dallas, came forward to address the Commission. He informed the Commission that he would like to refinance the property, but the bank will not approve the refinancing because there is no access to the residential lots without passing through Commercial property. He told the Commission he was also available for questions.
Chairperson Vaughn asked the Commission if there were any questions of Mr. Carrier. Hearing no response, she asked if there was anyone else who wished to address the Commission either in favor or in opposition to Case Z-1144-08.
Ms. Lilla Bench, of 2852 Hurstview, Hurst, came forward to address the Commission. She expressed her concerns about the depreciation in property value the change of zoning would cause to surrounding properties.
Chairperson Vaughn asked if there was anyone else who wished to address the Commission. There being no response, she asked the Commission if there was any comments or discussion.
Commissioner Jones asked Mr. Carrier how long his has owned the property in question.
Mr. Carrier stated that he has owned the property for approximately one year.
Commissioner Jones asked Mr. Carrier if the property was purchased as commercial property.
Mr. Carrier stated that the subject lots was purchased for residential use and he purchased a total of 14 lots, ten of which were purchased as residential property, while the other four lots were purchased as commercial property.
Commissioner Stripling asked Mr. Carrier if he had any intention of developing the property.
Mr. Carrier informed the Commission that he did not have any intentions of developing the property, but will eventually sale the property.
Commissioner Stripling stated there were no guarentees that someone, including Mr. Carrier, will not attempt to develop the property.
Mr. Carrier stated there are no guarantees that someone would not attempt to develop the property commercially either.
Chairperson Vaughn asked the Commission if there were any additional questions, comments or discussion.
Vice Chairperson Simerly stated that changing the zoning of these four lots to residential zoning make sense to reflect the Future Land Use Plan in the Comprehensive Plan. He also stated that he would be in favor of case Z-1144-08.
Ms. Bench came forward to address the Commission. She stated that recommending approval to change the zoning of these four lots would be damaging to the City of DeSoto and we should all be looking toward the future of this City.
Commissioner Dewberry asked Ms. Bench about the current sewer situation in the Cloverhaven Addition area.
Ms. Bench informed the Commission that this area of Cloverhaven Addition uses septic sewer.
Chairperson Vaughn stated that she was torn between recommending approval or denial, but understands the purpose of the Comprehensive Plan and the City of DeSoto stands on the matter.
Chairperson Vaughn closed the public hearing and asked the Commission if there was any discussion on the issue.
Commissioner Dewberry stated that any significant commercial development will be next to impossible until city sewer is extended to this area. The current highest and best use for these four lots would be residential.
Commissioner Stripling stated although city sewer does not exist in this area of Cloverhaven Addition does not mean the we cannot move forward as a community to make it possible. It does not make sense to change the zoning of these fours lots.
Chairperson Vaughn asked the Commission for a motion or further comments.
Motion to Approve to Approve Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). Moved by Commissioner Donald Dewberry, seconded by Commissioner Tom Simerly.
Vote to Approve to Approve Case Z-1144-08; a rezoning request to change zoning from Commercial 1 (C-1) to Single Family 12 (SF-12). (Approved)
Ayes: North, Jones, Dewberry, Simerly
Nays: Stripling, Chambers, Vaughn
G. REGULAR AGENDA:
(6) No items.
H. REPORTS TO COMMISSION:
(7) Report on City Council activity.
No items.
(8) Report on upcoming agenda items, projects or meetings.
No items.
I. ADJOURNMENT:
Being there was no other business; Chairperson adjourned the meeting at 8:45 PM.
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