* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] GOOD EVENING, LADIES [A. WORK SESSION AGENDA:] AND GENTLEMEN. GOOD EVENING. GOOD EVENING. GOOD EVENING. THE TIME IS 6:00 PM TODAY IS TUESDAY, SEPTEMBER THE 12TH. UM, AND BEHALF OF QUORUM WAS OFFICIALLY CALLED THE CITY OF DESOTO PLANNING AND ZONING, COMMISSIONED WORK SESSION TO ORDER, UH, THE FIRST ITEM OF BUSINESS COMMISSIONER'S RECOGNITION CEREMONY. I'M GOING TO LOOK AT THE STAFF FOR GUIDANCE ON THAT. GOOD EVENING, COMMISSIONERS. UM, AT THIS TIME WE WANNA RECOGNIZE OUR OUTGOING COMMISSIONERS, WHICH IS MR. KEYSTONE. AND MR. PRESTON GILSTRAP, THE CITY OF DESOTO, UM, DEVELOPMENT SERVICES. WANNA PRESENT YOU WITH A PLAQUE IN RECOGNITION OF YOUR SEVEN YEARS OF COMMITMENT TO THE CITY OF THE SOTOS PLANNING AND ZONING COMMISSION. YOU COME DOWN, LET'S GET A PHOTO. BEST IF I COULD GET YOU TO TAKE IT WITH, SO NO, NO, YOU TAKE IT WITH HIM. YOU THE CHAIR. THANK THE CITY OF DESOTO DEVELOPMENT SERVICES WILL ALL ALSO LIKE TO COGNIZE MR. PRESTON GILSTRAP, WHO IS NOT HERE WITH US TONIGHT FOR MR. PRESTON GILSTRAP IS RECEIVING THIS RECOGNITION OF EIGHT YEARS OF COMMITMENT TO THE CITY OF DESOTOS PLANNING HIS ZONING COMMISSION. MY COLLEAGUE MR. GILSTRAP, COULD NOT BE HERE. HOWEVER, IF HE WAS HERE, HE WOULD TAKE THE TIME TO PONTIFICATE YES. AND TALK ABOUT HIS, HIS EXPERIENCE SERVING THE CITY THAT HE BELOVED SO MUCH THAT HE HAS BOUGHT FOUR DIFFERENT HOMES IN AND SERVED AS HOA PRESIDENTS AND SERVED ON THE ZONING ADJUSTMENT BOARD. I'M JUST GONNA SAY THANKS FOR THE GOOD TIME, AND REMIND Y'ALL THAT WHEN I STARTED THIS, I HAD A HEAD FULL OF HAIR AND NO BEARD. SO MY, HOW THINGS HAVE CHANGED, BUT THANK YOU TO THE STAFF FOR MAKING IT EXTREMELY EASY ON ME AND THE OTHER COMMISSIONERS MAKE MY JOB SO MUCH EASIER. SO, UH, THE NEXT ITEM OF BUSINESS IS TO CONDUCT THE OATH OF OFFICE FOR NEWLY SELECTED COMMISSIONERS. THAT, IF I'M NOT MISTAKEN, WE HAVE TWO OF OUR NEWLY SELECTED COMMISSIONERS IN THE AUDIENCE WITH US THIS EVENING. UM, MR. PUGH, IF YOU CAN HELP ME NOT BUTCHER THESE NAMES. OKAY. SO THIS EVENING, UH, UH, TAKING THE OATH OF OFFICE WILL BE MR. DON BERRY AND ALSO MS. TINA ELLI, I BELIEVE. MR. BERRY AND MR. EXCUSE ME, COMMISSIONER, COULD Y'ALL PLEASE GIVE US FIVE MINUTES? WE NEED TO GET SOME PAPERWORK AND WE'LL BE RIGHT BACK. ABSOLUTELY. WE'RE GONNA TAKE A BRIEF RECESS. THE TIME IS 6 0 3. WE'LL RECONVENE AT 6:10 PM [00:06:44] STAFF IS READY WHENEVER YOU ARE. THANK YOU, MR. BREWER. WE'LL RECONVENE THE WORK SESSION AT, UH, WHAT TIME IS IT? 6:06 PM GO RIGHT AHEAD, MS. JORDAN WILLIAMS, AS YOU WERE MA'AM. OKAY. AT THIS TIME, WE WANNA RECOGNIZE OUR NEW COMMISSIONERS, MS. TINA ELLI, CAN YOU COME UP TO THE PODIUM, PLEASE? OKAY. UM, OKAY. WOULD YOU RAISE YOUR RIGHT HAND AND REPEAT AFTER ME? I, TINA ELLI. I, TINA ELLI, DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR THAT I WILL FULLY EXECUTE, THAT I WILL FULLY EXECUTE THE DUTIES OF THE PLANNING AND ZONING COMMISSION THE DUTIES OF THE PLANNING AND ZONING COMMISSION OF THE STATE OF TEXAS. OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITIES, PRESERVE AND WILL TO THE BEST OF MY ABILITIES, PRESERVE, PROTECT AND DEFEND. PROTECT AND DEFEND THE CONSTITUTION AND LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES. OF THE UNITED STATES. OF TEXAS. OF TEXAS. AND OF TEXAS. AND OF TEXAS. SO, HELP ME GOD. SO HELP ME GOD. THANK YOU. MR. D, CAN YOU STEP UP, PLEASE? OKAY. , I MIGHT USE MY OTHER RIGHT HAND. YES, SIR. , I'M SORRY, YOUR OTHER RIGHT HAND AND REPEAT AFTER ME. I THINE BERRY, I DONN BERRY, DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE, THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE, THE DUTIES OF THE OFFICE, OF THE PLANNING AND ZONING, COMMISSION OF THE PLANNING AND ZONING COMMISSION OF THE STATE OF TEXAS. OF THE STATE OF TEXAS. AND WILL AND WILL TO THE BEST OF MY ABILITY, AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTIONAL LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES. OF THE UNITED STATES, AND TEXAS. AND TEXAS. SO HELP BE GOD. SO HELP ME, GOD. THERE WE GO. THANK YOU. THAT CONCLUDES, UH, SWEARING IN CEREMONIES. THANK YOU, MS. JORDAN WILLIAMS. YES. AND, UH, MR. BERRY AND MR. ELLI, LET ME BE THE FIRST TO FORMALLY EXTEND AND WARM WELCOME TO THE PLANNING AND ZONING COMMISSION. I KNOW THAT YOU GUYS WILL BE SUCCESSFUL, AND IT WILL BE A SMOOTH TRANSITION. YOU'LL LEARN A LOT, YOU'LL DO A LOT. YOU'LL TREAT IT LIKE A CAMPFIRE GROUND. YOU'LL LEAVE IT BETTER THAN WHAT YOU FOUND IN. UNFORTUNATELY, WE, WE DON'T HAVE A BAND TO PLAY POMP AND CIRCUMSTANCE FOR YOU, BUT IT'S ALL HARD WORK FROM HERE EITHER WAY. SO I WELCOME ABOARD, UM, THE NEXT ITEM OF BUSINESS. DISCUSS AND CONSIDER NEW APPOINTMENTS FOR CHAIRMAN AND VICE CHAIRMAN. [00:10:01] ABSOLUTELY. SO WE HAVE HAD INTERNAL DISCUSSIONS AMONGST MY FELLOW COMMISSIONERS, BUT AT THIS POINT, I WILL RECUSE MYSELF AND I WILL NOT PARTICIPATE IN THE NOMINATIONS OR THE VOTING PROCESS. WE HAVE LOOK TO MY LEFT AND TO MY RIGHT. WE HAVE LOTS OF ELIGIBLE CANDIDATES RIGHT HERE FROM ALL WALKS OF LIFE, DIFFERENT PROFESSIONS, DIFFERENT ACCOLADES, DIFFERENT EDUCATION. AND I'M SURE THAT WE WILL BE IN GOOD HANDS AND ON SOUND FOOTING AFTER THIS MEETING. BUT AT THIS POINT, I'M GONNA PASS THE VIRTUAL GAVEL TO MY VICE CHAIR. MR. THEO PUGH. YEAH, I WAS GOING TO ASK THE QUESTION. DON'T THE NEW, THE NEW MEMBERS TAKE THEIR SEATS. YES. THAT, YEAH. ABOUT TO DO THAT TRANSITION. WE'RE ABOUT TO DO THAT. THAT, THAT'S WHAT I GONNA SAY. YEAH. UH, SO AT THIS TIME, I WOULD LIKE TO AGAIN, UH, THANK MR. STONE, UH, FOR HIS YEARS OF SERVICE. UH, NOT JUST AS A COMMISSIONER, BUT ALSO AS OUR CHAIR. ALSO IN HIS ABSENCE, I COULD HEAR IN THE DISTANCE, MR. GILSTRAP SAYING, YOU KNOW, I MAY HAVE BEEN BORN, BUT I WASN'T BORN YESTERDAY. AND TALKING ABOUT GREEN SPACE AND THINGS LIKE THAT. AND WE WANT TO DEFINITELY THANK HIM AS WELL. UH, AT THIS TIME, SINCE WE'RE GOING THROUGH A TRANSITION, I'M GONNA ASK OUR NEW COMMISSIONERS, UH, MR. BERRY AND MR. CHERRY, IF YOU WOULD COME AND JOIN US. UH, AND MR. STONE, IF YOU'LL JOIN US IN THE AUDIENCE, MR. HUG, IF YOU'LL GIVE ME THE LEEWAY OF TAKING A PHOTO OUT, UP FRONT. ABSOLUTELY. I CAN SEND THIS TO MY MOM. OH, YEAH, ABSOLUTELY. YEAH. NO, YOU'RE NOT GONNA GIMME IN TROUBLE WITH YOUR MOTHER. SO GO, GO RIGHT IN. ? YEAH, I CAN. YEP. . YEAH, LET'S PUT THAT DOWN. YOU WANT SLOT? OKAY. THERE YOU GO. OKAY, SURE. I GET YOU. . YES, SIR. THANK YOU. OKAY. THE NEXT ITEM ON THE AGENDA IS DISCUSS AND CONSIDER NEW APPOINTMENTS FOR CHAIRPERSON AND VICE CHAIRPERSON. UH, SO COMMISSIONERS, AT THIS TIME, I WILL OPEN UP THE FLOOR FOR NOMINATIONS. FOR CHAIRPERSON. ARE THE NOMINATIONS, YES. MR. VICE CHAIR. I NOMINATE MR. THEO PUGH FOR OUR CHAIR. AND MR. GARY DALE FOR OUR VICE CHAIR. UH, AND, AND I, WE CAN ONLY DO ONE AT A TIME, ONE AT A TIME. WELL, MR. THEO PUGH FOR OUR CHAIR, PLEASE, SIR. I SECOND THAT. IT'S BEEN MOVED IN PROPERTY. SECOND. AND JUST FOR THE RECORD, I WILL HUMBLY ACCEPT THE NOMINATION. UH, ARE THERE ANY OTHER, UH, NOMINATIONS FOR THE POSITION OF CHAIR ASKING A SECOND TIME ANY OTHER NOMINATIONS FOR THE POSITION OF CHAIR, ASKING FOR THE LAST TIME ANY OTHER NOMINATIONS FOR THE POSITION OF CHAIR? OKAY. WITH THAT, THE NOMINATION WILL CLOSE. AND, UH, ALL IN FAVOR OF THEO PGH SERVING AS THE NEXT CHAIR. PLEASE RAISE YOUR RIGHT HAND AND SAY, AYE. AYE. A THOSE OPPOSED . THANK YOU, MR. STONE. UH, UH, THOSE OPPOSED? DO THE SAME. RAISE YOUR RIGHT HAND AND SAY NAY. OKAY. SO, UH, IT IS UNANIMOUS, UH, SEVEN ZERO. UH, LET ME JUST TAKE A QUICK MOMENT. UH, COMMISSIONERS. I AM HUMBLE, UH, BY THIS OPPORTUNITY, UH, TO SERVE AS YOUR CHAIR. SO THANK YOU VERY MUCH. UH, WITH THAT TRANSITION BEING MADE, THERE IS NOW VACANCY IN THE OFFICE OF VICE CHAIR. ARE THERE NOMINATIONS FOR THE POSITION OF VICE CHAIR? MR. CHAIR, I WOULD LIKE TO NOMINATE MR. RAVINE, GARY RAVINE FOR VICE CHAIR, MR. CHAIR. I ALSO SECOND THAT IT HAS BEEN MOVED AND PROPERTY SECOND, UH, FOR MR. RAVINE TO SERVE AS OUR VICE CHAIR. MR. RAVENEL, LET ME ASK YOU, DO YOU ACCEPT THE NOMINATION? YES, SIR. OKAY. HE HAS ACCEPTED THE NOMINATION. ARE THERE ANY OTHER NOMINATIONS FOR THE POSITION OF VICE CHAIR? ALLOW THE SELF, NO. HMM. ALLOW THE SELF NOMINATE? YES. [00:15:01] OKAY. I WOULD LIKE TO NOMINATE COMMISSIONER TANYA BROOKS FOR VICE CHAIR. OKAY. WE HAVE A SECOND, UH, NOMINATION FOR COMMISSIONER BROOKS AS VICE CHAIR. IS THERE A SECOND FOR COMMISSIONER BROOKS FOR VICE CHAIR? ASK AGAIN. IS THERE A SECOND? I'D BE HAPPY TO SECOND. OKAY. COMMISSIONER TT I'M GONNA GET THAT RIGHT AT SOME POINT. UH, COMMISSIONER, UH, T HAS, UH, SECONDED THE NOMINATION FOR COMMISSIONER, UH, COMMISSIONER BROOKS. OKAY. SO NOW WE HAVE, UH, TWO, AND I DON'T HAVE TO ASK YOU 'CAUSE IT WAS SELF NOMINATION. WE HAVE TWO, UH, CANDIDATES FOR VICE CHAIR. UH, ARE THERE OTHERS? IS THERE ANY OTHER, UH, CANDIDATE TO BE CONSIDERED FOR THE POSITION OF VICE CHAIR? GOING ONCE, GOING TWICE, GOING THREE TIMES? UH, NOMINATIONS FOR VICE CHAIR ARE NOW CLOSED. UH, COMMISSION, UH, WE HAVE, UH, TWO CANDIDATES, UH, FOR THE POSITION OF VICE CHAIR. UH, FIRST, ALL THOSE IN FAVOR FOR COMMISSIONER BROOKS? UH, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE. AYE. OKAY. WE HAVE ONE TO TWO. WE HAVE TWO VOTES FOR COMMISSIONER BROOKS. ALL IN FAVOR OF COMMISSIONER RNE, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE. AYE. AYE. OKAY. SO IT IS FOUR TO TWO. UH, COMMISSIONER RNE, CONGRATULATIONS. AND, AND OF COURSE, LET THE RECORD REFLECT HE'S ALSO VOTING FOR HIMSELF. SO IT'S ACTUALLY, IT'S ACTUALLY, IT'S ACTUALLY FIVE TO TWO. AND SO, COMMISSIONER RNE, NOW, VICE CHAIR RNE, UH, CONGRATULATIONS TO YOU AS WELL. UH, AT THIS POINT OF IN TIME, BEFORE WE GET TO OUR REGULAR AGENDA, UH, WE HAVE, UH, THE PRIVILEGE OF HAVING OUR COUNCIL LIAISON, UH, DR. MARKS IN ATTENDANCE. SO, I DIDN'T KNOW IF DR. MARKS WANTED TO COME UP. I MAYBE SAY A FEW WORDS TO OUR OUTGOING COMMISSIONERS, TO OUR INCOMING COMMISSIONERS. UH, BUT I WANTED TO AFFORD HER THAT OPPORTUNITY AT THIS TIME. IT'S KIND OF DIFFERENT BEING ON THIS SIDE OF THE DE , BUT, BUT THANK YOU ALSO VERY MUCH FOR INVITING ME TO EXPRESS, UH, HOW MUCH I APPRECIATE ALL OF YOU. UH, BUT MORE SPECIFICALLY, TONIGHT BELONGS TO THOSE WHO ARE OUTGOING. UH, PLEASE REMEMBER THAT YOU ARE THE GATEWAY, UH, PERHAPS TO EVERYTHING THAT GOES ON IN THE CITY. SO WE DO APPRECIATE EVERYTHING THAT YOU GUYS HAVE DONE, AND CERTAINLY WE HOPE THAT THIS IS NOT GOING TO BE A SIT DOWN FOR YOU, MR. STONE AND MR. GILSTRAP, BECAUSE WE'RE GONNA MISS YOU. UM, MR. GILSTRAP, I COULD JUST HEAR HIM TALKING ABOUT GREEN SPACES ALL OVER AGAIN. AND THEN OF COURSE, AT THE END, YES, SIR, MR. CHAIR, YOU KNOW, SO WE'RE GONNA MISS HIM. SO THANK YOU TO MR. GILSTRAP, AND THANK YOU TO, AGAIN, COMMISSIONER STONE FOR ALL THE WORK THAT YOU'VE DONE, AND CERTAINLY WE LOOK FORWARD TO OUR NEW INCOMING, UH, COMMISSIONERS AS WELL. THANK YOU FOR AGREEING TO TAKE ON THIS MONUMENTAL TASK. I YIELD BACK. THANK YOU, DR. MARKS. AND NOW AT THIS TIME, WE WILL PROCEED WITH OUR REGULAR WORK SESSION AGENDA. UH, THE FIRST ITEM ON THE AGENDA IS APPROVAL OF THE MEETING MINUTES. UH, WE HAVE TWO, UM, MINUTES OR DATES TO CONSIDER. FIRST IS CONSIDER APPROVAL OF THE MINUTES FROM THE PLANNING ZONING, REGULAR MEETING HELD ON JUNE 27TH, 2023. WE'LL ACTUALLY TAKE THE VOTE DURING THE REGULAR SESSION, BUT RIGHT NOW, COMMISSIONERS THE QUESTION ON THE FLOOR, ARE THERE ANY AMENDMENTS, MODIFICATIONS, CORRECTIONS, DELETIONS, UH, THAT WE NEED TO MAKE TO THOSE PARTICULAR MINUTES? OKAY, HEARING AND SEEING NONE, WE'LL GO ON TO THE NEXT ITEM, WHICH IS, UH, CONSIDER APPROVAL OF MINUTES FROM THE PLANNING ZONING, REGULAR MEETING HELD ON AUGUST 22ND, 2023. AND I'LL ASK THE SAME. ARE, ARE THERE ANY ADDITIONS, DELETIONS, CORRECTIONS, OR OTHERWISE MODIFICATIONS, UH, THAT WE NEED TO TAKE UP AT THIS TIME? TO THOSE MINUTES? OKAY. HEARING IS SEEING NONE. WE HAVE ONE PUBLIC HEARING THAT'S ON THE AGENDA TONIGHT. YES. YES, MA'AM. OH, WE HAVE ONE PUBLIC HEARING ON THE AGENDA TONIGHT, UH, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMME RECOMMENDATION TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO REZONE A 6.165 ACRE TRACK OF LAND LEGALLY DESCRIBED AS BEING TRACK 20 IN THE JOHN LEWIS SURVEY, ABSTRACT 7 7 4, UH, 1119 ELL ROAD, UH, FROM EXISTING SINGLE FAMILY 10 SF 10, UH, TO A PLANNED DEVELOPMENT PD WITH BASED ZONING DISTRICT OF SINGLE FAMILY EIGHT, SF EIGHT WITH DEVIATIONS. THE APPLICANT IS ROCK DESIGN ENGINEERING AND THE PROPERTY OWNERS ARE RONELL JOHNSON AND JONATHAN ORTEGA. AND THIS IS CASE NUMBER [00:20:01] Z DASH 15 THREE DASH 23. MAY WE HAVE OUR STAFF REPORT, PLEASE? GOOD EVENING. COMMISSIONERS AL WITH THE PLANNING DIVISION, CASE NUMBER Z 15 3 23 IS A NEW PLAN DEVELOPMENT REQUEST WITH BASED ZONING OF SINGLE FAMILY EIGHT WITH DEVIATIONS. THE SITE IS 6.2 ACRES AND IS CURRENTLY ZONED SINGLE FAMILY 10. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF BLUE BONNET DRIVE IN SOUTH U ROAD. IT IS ADDRESSED AS 1 1 1 9 SOUTH U ROAD. EXCUSE ME. UH, MAN. OKAY. ABSOLUTELY. OUR MONITORS ARE NOT ON, ON THIS SIDE OF THE, AND AND IF WE NEED TO TAKE, 'CAUSE WE ONLY HAVE ONE PUBLIC HEARING, WHY DON'T WE TAKE A FIVE MINUTE RECESS SO WE CAN SEE IF WE CAN GET THOSE UP AND RUNNING. SO IT'S 6 21, WE'LL RECONVENE AT 6 26. CHECK TO SEE IF IT'S NOT PROBABLE. YOUR MICROPHONES ON ALSO. YEAH, THE MICS ARE ON. YES, SIR. OKAY. IT CAME OFF, BUT IT, IT GOES RIGHT BACK. IT GOES RIGHT BACK OFF. IT TURNS RIGHT BACK OFF. YES. YES. CHAIRMAN WILLIAMS IS GONNA CALL OUR IT PERSON IF WE CAN'T GET IT CORRECT. WOULD IT, WOULD, IF WE CAN'T GET IT CORRECTED, WOULD THERE BE A PROBLEM VIEWING THIS SCREEN? SO I GO FORWARD. OKAY. THANK YOU. AND WE, WE'LL WORK ON GETTING THAT CORRECTED AND HOPEFULLY IT'LL BE CORRECTED BY A REGULAR SESSION. UH, BUT MS. M, IF YOU WANNA GO AHEAD WITH YOUR PRESENTATION AT THIS TIME. OKAY. AND JUST FOR THE RECORD, IT IS NOW 6:24 PM OKAY. AGAIN, GOOD EVENING COMMISSIONERS CASE NUMBER Z 15 0 3. LEMME GO BACK. CASE NUMBER Z 15 0 3 23 IS A NEW PD REQUEST WITH BASED ZONING DISTRICT OF SINGLE FAMILY EIGHT WITH DEVIATIONS. THE SITE IS 6.2 ACRES AND IS CURRENTLY SOLD SINGLE FAMILY 10. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PROVE BONNET DRIVE AND SOUTH Y ROAD. IT IS ADDRESSED AS 1 1 1 9 SOUTH YOUR ROAD. THIS IS THE AREA ON MAP ON THE LEFT AND THE, THE, THE LOCATION MAP ON THE, ON THE RIGHT SIDE. THE CURRENT TO THE NORTH. THIS ZONING IS SINGLE FAMILY 10 WITH THERE'S RESIDENCE AND ALSO VACANT PROPERTY TO THE SOUTH IS PLANT DEVELOPMENT. 76 WITH SOME HOMES TO THE EAST IS AGRICULTURE, PRO PROPERTY. UM, PROPERTIES OWNED AGRICULTURE WITH THE CITY PARK AND TO THE [00:25:01] WEST IS PD 70 76 WITH SOME RESIDENCIES. THE FUTURE LAND USE PLAN IDENTIFIES THE SITE AS LOW DENSITY TO RESIDENTIAL AND THE PROPOSED, SORRY. THE PROPOSED, UH, RESIDENTIAL DEVELOPMENT IS CONSISTENT WITH THE FUTURE AND USE PLAN OF TO 2000. COMPREHENSIVE PLAN ACCESS TO THIS SITE IS PROVIDED FROM BRU, BONNET DRIVE, AND SOUTH YOUR ROAD. BRU BONNET IS A LOCAL ROADWAY AND SOUTH YOUR ROAD IS CURRENTLY A TWO LANE ROAD THAT IS ANTICIPATED TO BE A FOUR LANE ARTERIAL ROAD. WE, ON THE 2015 MASTER PLANT, THE CURRENT PD REQUEST. THE CURRENT PD REQUEST IS FOR, UM, A PD WITH SINGLE FAMILY EIGHT IS BASED ZONING WITH EARLY DEVIATION AND SITE ENTRY GARAGES FOR THREE LOTS. THE PROPERTY IS CURRENTLY ZONED SINGLE FAMILY 10 AND IS 6.2 ACRES IN SIZE. THE APPLICANT IS PROPOSING 20 HOMES AND IS REQUESTING DEVIATIONS FROM SECTION 9.0432 OF THE SUBDIVISION ORDINANCE, AS WELL AS SECTION 38.2 D OF THIS ZONING ORDINANCE. BOTH SECTIONS REFER TO EARLY REQUIREMENT AS WELL AS PROHIBITING FRONT FACING GARAGES. WHILE THE APPLICANT IS SEEKING EARLY DEVIATION FOR THREE OF THE 20 HOMES, THE APPLICANT IS PROPOSING SITE ENTRY GARAGES FOR THE THREE HOMES TO MEET THE SUBDIVISION AND ZONING ORDINANCES. STAFF SUPPORTS THE APPLICANT'S REQUEST FOR DEVIATION FROM S AS WELL AS SUPPORT THE SITE ENTRY GARAGES FOR THE THREE HOMES ON THE NORTH SIDE OF THE CONCEPT CONCEPT PLAN DUE TO DIFFERENT, UH, PROPERTY OWNERSHIP TO THE NORTH, THIS IS THE PROPOSED, UH, CONCEPT PLAN. SO RIGHT HERE IS WHERE THE, THE HOME IS, BUT THE REST OF THIS PROPERTY RIGHT HERE IS VACANT. VACANT. AND THESE ARE THE 20 HOMES. AND THE APPLICANT IS SEEKING DEVIATION FOR THE, THESE 3 1, 2, 3 LOTS ON THE NORTHERN SIDE, WHICH ARE, BUT THE, UH, EXISTING, UH, HOME. RIGHT, RIGHT. LET'S SEE, RIGHT HERE. AND ON AUGUST 20TH, 2023, A PUBLIC HEARING NOTICE APPEARED IN THE DAILY FOCUS NEWSPAPER AND STAFF MAILED 58 NOTIFICATION TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE. TO DATE, NO LETTERS WERE RECEIVED IN FAVOR OR IN OPPOSITION TO THIS APPLICATION. AND THE AREA IN BLAKE IS THE, UM, THIS AREA IN BLAKE IS THE SUBJECT SITE. AND THE AREA IN BLUE IS THE, UH, 200 NOTIFICATION AREA. AND THE AREA IN PAPER IS THE 400 NOTIFICATION AREA. STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL OF THE PD AND THE REQUESTED DEVIATIONS IS SUBMITTED. AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE. THANK YOU VERY MUCH, COMMISSIONERS. ARE THERE ANY QUESTIONS FOR STAFF? MS. CAESAR? YES. UH, MR. CHAIR, MS. MAZI, THE THREE LOTS THAT WERE REQUIRING OR REQUESTING DEVIATION, COULD YOU BACKTRACK AND COVER THAT AGAIN FOR ME, PLEASE? YES. SO, SO THE APPLICANT IS PROVIDING ALICE, AS YOU CAN SEE, THERE'S AN ARI RIGHT HERE. THERE'S ALSO, THEY'RE GOING TO USE THIS ARI RIGHT, RIGHT HERE FOR THESE LOTS. BUT THEY'RE REQUESTING A DEVIATION FROM ARI REQUIREMENT FOR THESE THREE LOTS BECAUSE THERE'S DIFFERENT OWNERSHIP RIGHT HERE. THE RESIDENTS THAT SEE THE PROPER, THIS PROPERTY OWNER DOES NOT OWN THIS PROPERTY RIGHT HERE. SO THEY COULDN'T PROVIDE EARLY ON THIS SIDE. SO THEY'RE ASKING FOR A DEVIATION FROM EARLY REQUIREMENT FOR ONE, TWO, AND THREE LOADS. EVERYTHING ELSE THEY'RE MEETING THE, UH, ZONING AND, UM, SUBDIVISION ORDINANCE REQUIREMENTS. SURE. SO THE ROADS, OH, THE ROADS, UM, THEY'LL BE COMING IN RIGHT HERE. THAT'S NUMBER ONE. AND THEN NUMBER TWO FROM YOUR ROAD RIGHT HERE. THOSE ARE THE MAIN, SO IT'LL BE LIKE AN L SHAPE. SO AGAIN, JUST FOR CLARITY, UH, OUT OF ALL OF THE LOTS THAT ARE HERE, THE ONLY THREE LOTS THAT WILL NOT HAVE AN ALLEY BEHIND IT WOULD BE THE THREE LOTS ON THE NORTHERN SIDE ENTRANCE INTO THE SUBDIVISION WILL BE OFF OF ELL ROAD, WHERE SHE HAS A CURSOR THAT WILL BE A NEW CONSTRUCTED PUBLIC ROAD. AND THE ROAD THAT'S GOING, I'M [00:30:01] GONNA SAY LEFT OR RIGHT THIS EVENING. UM, MR. PUGH, IF YOU CAN HELP ME NOT BUTCHER THESE NAMES. OKAY. SO THIS EVENING, UH, TAKING THE OATH OF OFFICE WILL BE MR. DON BERRY AND ALSO MS. TINA ELLI, I BELIEVE. MR. BERRY AND MR. EXCUSE ME, COMMISSIONER MR. COULD Y'ALL PLEASE GIVE US FIVE MINUTES? WE NEED TO GET SOME PAPERWORK AND WE'LL BE RIGHT BACK. ABSOLUTELY. WE'RE GONNA TAKE A BRIEF RECESS. THE TIME IS 6 0 3. WE'LL RECONVENE AT 6:10 PM STAFF IS READY WHENEVER YOU ARE. THANK YOU, MR. BREWER. WE'LL RECONVENE THE WORK SESSION AT, UH, WHAT TIME IS IT? 6:06 PM GO RIGHT AHEAD, MS. JORDAN WILLIAMS, AS YOU WERE MA'AM. OKAY. AT THIS TIME WE WANNA RECOGNIZE OUR NEW COMMISSIONERS. MS. TINA ELLI, CAN YOU COME UP TO THE PODIUM PLEASE? OKAY. OKAY. WOULD YOU RAISE YOUR RIGHT HAND AND REPEAT AFTER ME? I, TINA ELLI. I, TINA ELLI, DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR THAT I WILL FULLY EXECUTE, THAT I WILL FULLY EXECUTE THE DUTIES OF THE PLANNING AND ZONING COMMISSION THE DUTIES OF THE PLANNING AND ZONING COMMISSION OF THE STATE OF TEXAS. OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITIES, PRESERVE AND WILL TO THE BEST OF MY ABILITIES, PRESERVE, PROTECT AND DEFEND. PROTECT AND DEFEND THE CONSTITUTION AND LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES. OF THE UNITED STATES. OF TEXAS. OF TEXAS, AND OF TEXAS. AND OF TEXAS. SO HELP ME GOD. SO HELP ME GOD. THANK YOU. MR. D, CAN YOU STEP UP, PLEASE? OKAY. , I MIGHT USE MY OTHER RIGHT HAND. YES, SIR. , I'M SORRY, YOUR OTHER RIGHT HAND AND REPEAT AFTER ME. I, DIEN BERRY, I DIEN BERRY, DO SOLEMNLY SWEAR. DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE, THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE, THE DUTIES OF THE OFFICE, OF THE PLANNING AND ZONING, COMMISSION OF THE PLANNING AND ZONING COMMISSION OF THE STATE OF TEXAS. OF THE STATE OF TEXAS. AND WILL AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTIONAL AND LAWS, THE CONSTITUTION AND LAWS OF THE UNITED STATES. OF THE UNITED STATES. AND TEXAS. AND TEXAS. SO HELP BE GOD. SO HELP ME GOD, HERE. YES, SIR. THERE WE GO. THANK YOU. THANK YOU. THAT CONCLUDES, UH, SWEARING IN CEREMONIES. THANK YOU, MS. JORDAN WILLIAMS. YES. AND, UH, MR. BERRY AND MR. CELL, LET ME BE THE FIRST TO FORMALLY EXTEND AND WARM WELCOME TO THE PLANNING AND ZONING COMMISSION. I KNOW THAT YOU GUYS WILL BE SUCCESSFUL AND IT WILL BE A SMOOTH TRANSITION. YOU'LL LEARN A LOT, YOU'LL DO A LOT. YOU'LL TREAT IT LIKE A CAMPFIRE GROUND. YOU'LL LEAVE IT BETTER THAN WHAT YOU FOUNDED. UNFORTUNATELY, WE, WE DON'T HAVE A BAND TO PLAY POMP AND CIRCUMSTANCE FOR YOU, BUT IT'S ALL HARD WORK FROM HERE EITHER WAY. SO I WELCOME ABOARD, UM, THE NEXT ITEM OF BUSINESS. DISCUSS AND CONSIDER NEW APPOINTMENTS FOR CHAIRMAN AND VICE CHAIRMAN. ABSOLUTELY. SO WE HAVE HAD INTERNAL DISCUSSIONS AMONGST MY FELLOW COMMISSIONERS, BUT AT THIS POINT, I WILL RECUSE MYSELF AND I WILL NOT PARTICIPATE IN THE NOMINATIONS OR THE VOTING PROCESS. WE HAVE TO LOOK TO MY LEFT AND TO MY RIGHT. WE HAVE LOTS OF ELIGIBLE CANDIDATES RIGHT HERE FROM ALL WALKS OF LIFE, DIFFERENT PROFESSIONS, DIFFERENT ACCOLADES, DIFFERENT EDUCATION. AND I'M SURE THAT WE WILL BE IN GOOD HANDS AND ON SOUND FOOTING AFTER THIS MEETING. BUT AT THIS POINT, I'M GONNA PASS THE VIRTUAL GAVEL TO MY VICE CHAIR. MR. THEO PUGH. YEAH, I WAS GONNA ASK THE QUESTION. DON'T THE NEW, UH, THE NEW MEMBERS TAKE THEIR SEATS? YEAH. YES. THAT TRANSITION. WHAT ABOUT THAT? THAT'S WHAT GONNA SAY. YEAH. UH, SO AT THIS TIME, I WOULD LIKE TO AGAIN, UH, THANK MR. STONE, UH, FOR HIS YEARS OF SERVICE. UH, NOT JUST AS A COMMISSIONER, BUT ALSO AS A CHAIR. ALSO [00:35:01] IN HIS ABSENCE, I COULD HEAR IN THE DISTANCE, MR. GILSTRAP SAYING, YOU KNOW, I MAY HAVE BEEN BORN, BUT WASN'T BORN YESTERDAY. AND TALKED ABOUT GREEN SPACE AND THINGS LIKE THAT. AND WE WANT TO DEFINITELY THANK HIM AS WELL. UH, AT THIS TIME, SINCE WE'RE GOING THROUGH A TRANSITION, I'M GONNA ASK OUR NEW COMMISSIONERS, UH, MR. BERRY AND MR. CHARLIE, IF YOU WOULD COME AND JOIN US. UH, AND MR. STONE, IF YOU'LL JOIN US IN THE AUDIENCE. MR. HUGH, IF YOU'LL GIVE ME THE LEEWAY OF TAKING A PHOTO OUT, UP FRONT. ABSOLUTELY. I CAN SEND THIS TO MY MOM. OH YEAH, ABSOLUTELY. YEAH. NO, YOU'RE NOT GONNA GET ME IN TROUBLE, BUT YOUR MOTHER. SO GO, GO RIGHT AHEAD. . YEAH, I, LET'S PUT THAT DOWN. YOU WANT SLOT? OKAY. THERE YOU GO. YES, SIR. OKAY. THE NEXT ITEM ON THE AGENDA IS DISCUSS AND CONSIDER NEW APPOINTMENTS FOR CHAIRPERSON AND VICE CHAIRPERSON. UH, SO COMMISSIONERS, AT THIS TIME, I WILL OPEN UP THE FLOOR FOR NOMINATIONS. FOR CHAIRPERSON. ARE THE NOMINATIONS, YES. MR. VICE CHAIR. I NOMINATE MR. THEO PUGH FOR OUR CHAIR. AND MR. GARY RAVINE FOR OUR VICE CHAIR. UH, AND, AND WE CAN ONLY DO ONE AT A TIME, ONE AT A TIME. WELL, MR. THEO PUGH FOR OUR CHAIR, PLEASE, SIR. I SECOND THAT. IT'S BEEN MOVED AND PROPERLY. SECOND. AND JUST FOR THE RECORD, I WILL HUMBLY ACCEPT THE NOMINATION. UH, ARE THERE ANY OTHER, UH, NOMINATIONS FOR THE POSITION OF CHAIR ASKING A SECOND TIME ANY OTHER NOMINATIONS FOR THE POSITION OF CHAIR, ASKING FOR THE LAST TIME ANY OTHER NOMINATIONS FOR THE POSITION OF CHAIR? OKAY. WITH THAT, THE NOMINATION OF CLOSE AND, UH, ALL IN FAVOR OF THE OP SERVING AS THE NEXT CHAIR, PLEASE RAISE YOUR RIGHT HAND AND SAY A AYE AYE. THOSE OPPOSED . THANK YOU, MR. STONE. UH, UH, THOSE OPPOSED THAT. DO THE SAME. RAISE YOUR RIGHT HAND AND SAY NAY. OKAY. SO, UH, IT IS UNANIMOUS, UH, SEVEN ZERO. UH, LET ME JUST TAKE A QUICK MOMENT. UH, COMMISSIONERS. I AM HUMBLE, UH, BY THIS OPPORTUNITY, UH, TO SERVE AS YOUR CHAIR. SO THANK YOU VERY MUCH. UH, WITH THAT TRANSITION BEING MADE, THERE IS NOW VACANCY IN THE OFFICE OF VICE CHAIR. ARE THERE NOMINATIONS FOR THE POSITION OF VICE CHAIR? MR. CHAIR, I WOULD LIKE TO NOMINATE MR. RENELL, GARY LL FOR VICE CHAIR, MR. CHAIR. I ALSO SECOND THAT IT HAS BEEN MOVED AND PROPERLY SECONDED, UH, FOR MR. RAVINE TO SERVE AS OUR VICE CHAIR. MR. RAVINE, LET ME ASK YOU, DO YOU ACCEPT THE NOMINATION? YES, SIR. OKAY. HE HAS ACCEPTED THE NOMINATION. ARE THERE ANY OTHER NOMINATIONS FOR THE POSITION OF VICE CHAIR? ALLOWED SELF? NO. HMM. ALLOWED TO SELF NOMINATE? YES. OKAY. I WOULD LIKE TO NOMINATE COMMISSIONER TANYA BROOKS FOR VICE CHAIR. OKAY. WE HAVE A SECOND, UH, NOMINATION FOR COMMISSIONER BROOKS AS VICE CHAIR. IS THERE A SECOND FOR COMMISSIONER BROOKS FOR VICE CHAIR? ASKING AGAIN? IS THERE A SECOND? I'D BE HAPPY TO SECOND. OKAY. COMMISSIONER TT I'M GONNA GET THAT RIGHT AT SOME POINT. UH, COMMISSIONER, UH, ELLI HAS, UH, SECONDED THE NOMINATION FOR COMMISSIONER OR COMMISSIONER BROOKS. OKAY. SO NOW WE HAVE, UH, TWO, AND I DON'T HAVE TO ASK YOU 'CAUSE IT WAS SELF NOMINATION. WE HAVE TWO, UH, CANDIDATES FOR VICE CHAIR. UH, ARE THERE OTHERS? IS THERE ANY OTHER, UH, CANDIDATE TO BE CONSIDERED FOR THE POSITION OF VICE CHAIR? GOING ONCE, GOING TWICE, GOING THREE TIMES? UH, NOMINATIONS FOR VICE CHAIR ARE NOW CLOSED. UH, COMMISSION, UH, WE HAVE, UH, TWO CANDIDATES, UH, FOR THE POSITION OF VICE CHAIR. UH, FIRST, ALL THOSE IN FAVOR FOR COMMISSIONER [00:40:01] BROOKS? UH, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE. AYE. OKAY. WE HAVE ONE AND TWO. WE HAVE TWO VOTES FOR COMMISSIONER BROOKS. ALL IN FAVOR OF COMMISSIONER RNE, PLEASE RAISE YOUR RIGHT HAND AND SAY, AYE. AYE. OKAY. SO IT IS FOUR TO TWO. UH, COMMISSIONER RNE, CONGRATULATIONS. AND, AND OF COURSE, LET THE RECORD REFLECT HE'S ALSO VOTING FOR HIMSELF. SO IT'S ACTUALLY, IT'S ACTUALLY, IT'S ACTUALLY FIVE TO TWO. AND SO COMMISSIONER RNE, NOW, VICE CHAIR RNE, UH, CONGRATULATIONS TO YOU AS WELL. UH, AT THIS POINT OF IN TIME BEFORE WE GET OUR REGULAR AGENDA, UH, WE HAVE, UH, THE PRIVILEGE OF HAVING OUR COUNCIL LIAISON, UH, DR. MARKS IN ATTENDANCE. SO I DIDN'T KNOW IF DR. MARKS WANTED TO COME UP, UH, MAYBE SAY A FEW WORDS TO OUR OUTGOING COMMISSIONERS, TO OUR INCOMING COMMISSIONERS. UH, BUT I WANTED TO AFFORD HER THAT OPPORTUNITY AT THIS TIME. IT'S KIND OF DIFFERENT BEING ON THIS SIDE OF THE DAY, BUT, BUT THANK YOU ALSO VERY MUCH FOR INVITING ME TO EXPRESS, UH, HOW MUCH I APPRECIATE ALL OF YOU. UH, BUT MORE SPECIFICALLY, TONIGHT BELONGS TO THOSE WHO ARE OUTGOING. UH, PLEASE REMEMBER THAT YOU ARE THE GATEWAY, UH, PERHAPS TO EVERYTHING THAT GOES ON IN THE CITY. SO WE DO APPRECIATE EVERYTHING THAT YOU GUYS HAVE DONE, AND CERTAINLY WE HOPE THAT THIS IS NOT GOING TO BE A SIT DOWN FOR YOU, MR. STONE AND MR. GILSTRAP, BECAUSE WE'RE GONNA MISS YOU. UM, MR. GILSTRAP, I COULD JUST HEAR HIM TALKING ABOUT GREEN SPACES ALL OVER AGAIN. AND THEN OF COURSE AT THE END, YES, SIR, MR. CHAIR, YOU KNOW, SO WE'RE GONNA MISS HIM. SO THANK YOU TO MR. GILSTRAP, AND THANK YOU TO, AGAIN, COMMISSIONER STONE FOR ALL THE WORK THAT YOU'VE DONE, AND CERTAINLY WE LOOK FORWARD TO OUR NEW INCOMING, UH, COMMISSIONERS AS WELL. THANK YOU FOR AGREEING TO TAKE ON THIS MONUMENTAL TASK. I YIELD BACK. THANK YOU, DR. MARKS. AND NOW AT THIS TIME, WE WILL PROCEED WITH OUR REGULAR WORK SESSION AGENDA. UH, THE FIRST ITEM ON THE AGENDA IS APPROVAL OF THE MEETING MINUTES. UH, WE HAVE TWO, UM, MINUTES OR DATES TO CONSIDER. FIRST IS CONSIDER APPROVAL OF THE MINUTES FROM THE PLANNING ZONING, REGULAR MEETING HELD ON JUNE 27TH, 2023. WE'LL ACTUALLY TAKE THE VOTE DURING THE REGULAR SESSION, BUT RIGHT NOW, COMMISSIONERS, THE QUESTION ON THE FLOOR ARE, ARE THERE ANY AMENDMENTS, MODIFICATIONS, CORRECTIONS, DELETIONS, UH, THAT WE NEED TO MAKE TO THOSE PARTICULAR MINUTES? OKAY, HEARING AND SEEING NONE, WE'LL GO ON TO THE NEXT ITEM, WHICH IS, UH, CONSIDER APPROVAL OF MINUTES FROM THE PLANNING ZONING REGULAR MEETING HELD ON AUGUST 22ND, 2023. AND I'LL ASK THE SAME. ARE, ARE THERE ANY ADDITIONS, DELETIONS, CORRECTIONS, OR OTHERWISE MODIFICATIONS, UH, THAT WE NEED TO TAKE UP AT THIS TIME? TO THOSE MINUTES? OKAY. HEARING IS SEEING NONE. WE HAVE ONE PUBLIC HEARING THAT'S ON THE AGENDA TONIGHT. YES. YES MA'AM. LIPS OH, OH. WE HAVE ONE PUBLIC HEARING ON THE AGENDA TONIGHT, UH, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMME RECOMMENDATION TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO REZONE A 6.165 ACRE TRACK OF LAND LEGALLY DESCRIBED AS BEING TRACK 20 IN THE JOHN LEWIS SURVEY. ABSTRACT 7 7 4, UH, 1119 ELL ROAD, UH, FROM EXISTING SINGLE FAMILY 10 SL 10, UH, TO A PLANNED DEVELOPMENT PD WITH BASED ZONING DISTRICT OF SINGLE FAMILY EIGHT SF EIGHT WITH DEVIATIONS. THE APPLICANT IS ROCK DESIGN ENGINEERING AND THE PROPERTY OWNERS ARE RONELL JOHNSON AND JONATHAN ORTEGA. AND THIS IS CASE NUMBER Z DASH 15 0 3 DASH 23. MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING. COMMISSIONER EZ WITH THE PLANNING DIVISION. CASE NUMBER C 15 0 3 23 IS A NEW PLANT DEVELOPMENT REQUEST WITH BASED ZONING OF SINGLE FAMILY EIGHT WITH DEVIATIONS. THE SITE IS 6.2 ACRES AND IS CURRENTLY ZONED SINGLE FAMILY 10. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF BLUE BONNET DRIVE IN SOUTH U ROAD. IT IS ADDRESSED AS 1 1 1 9 SOUTH U ROAD. EXCUSE ME. UH, MAN, ABSOLUTELY. OUR MONITORS ARE NOT ON, ON THIS SIDE OF THE, AND AND IF WE NEED TO TAKE, 'CAUSE WE ONLY HAVE ONE PUBLIC HEARING, WHY DON'T WE TAKE A FIVE MINUTE RECESS SO WE CAN SEE IF WE CAN GET THOSE UP AND RUNNING. SO IT'S 6 21, WE'LL RECONVENE AT 6 26 AND WE'LL, WE'LL WORK ON GETTING THAT [00:45:01] CORRECTED AND HOPEFULLY IT'LL BE CORRECTED BY A REGULAR SESSION. UH, BUT MS. MUNOZ, IF YOU WANNA GO AHEAD WITH YOUR PRESENTATION AT THIS TIME. OKAY. AND JUST FOR THE RECORD, IT IS NOW 6:24 PM OKAY. AGAIN, GOOD EVENING COMMISSIONERS CASE NUMBER Z 15 0 3. LEMME GO BACK. CASE NUMBER Z 15 0 3 23 IS A NEW PD REQUEST WITH BASED ZONING DISTRICT OF SINGLE FAMILY EIGHT WITH DEVIATIONS. THE SITE IS 6.2 ACRES AND IS CURRENTLY SOLD SINGLE FAMILY 10. THE PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF PROVE BONNET DRIVE AND SOUTH YOUR ROAD. IT IS ADDRESSED AS 1 1 1 9 SOUTH YOUR ROAD. THIS IS THE AREA ON MAP ON THE LEFT AND THE, THE, THE LOCATION MAP ON THE, ON THE RIGHT SIDE. THE CURRENT TO THE NORTH. THIS ZONING IS SINGLE FAMILY 10 WITH THERE'S A RESIDENCE AND ALSO VACANT PROPERTY TO THE SOUTHEAST PLANT DEVELOPMENT 76 WITH SOME HOMES TO THE EAST IS AGRICULTURE PRO PROPERTY, UH, PROPERTIES OWNED AGRICULTURE WITH THE CITY PARK AND TO THE WEST IS PD 70 76 WITH SOME RESIDENCIES. THE FUTURE LAND USE PLAN IDENTIFIES THIS SITE AS LOW DENSITY TO RESIDENTIAL AND THE PROPOSED, SORRY, THE PROPOSED, UH, RESIDENTIAL DEVELOPMENT IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2000 COMPREHENSIVE PLAN. ACCESS TO THIS SITE IS PROVIDED FROM BREW BONNET DRIVE AND SOUTH. YOUR ROAD RUB BONNET IS A LOCAL ROADWAY AND SOUTH YOUR ROAD IS CURRENTLY A TWO LANE ROAD THAT IS ANTICIPATED TO BE A FOUR LANE ARTERIAL ROADWAY ON THE 2015 MASTER RAFFI PLANT. THE CURRENT PD REQUEST, THE CURRENT PD REQUEST IS FOR, UM, A PD WITH SINGLE FAMILY EIGHT AS BASED ZONING WITH EARLY DEVIATION AND SITE ENTRY GARAGES FOR THREE LOTS. THE PROPERTY IS CURRENTLY ZONED SINGLE FAMILY 10 AND IS 6.2 ACRES IN SIZE. THE APPLICANT IS PROPOSING 20 HOMES AND IS REQUESTING DEVIATIONS FROM SECTION 9.0432 OF THE SUBDIVISION ORDINANCE AS WELL AS AS SECTION 38.2 D OF THE ZONING ORDINANCE. BOTH SECTIONS REFER TO EARLY REQUIREMENT AS WELL AS PROHIBITING FRONT FACING GARAGES. WHILE THE APPLICANT IS SEEKING EARLY DEVIATION FOR THREE OF THE 20 HOMES, THE APPLICANT IS PROPOSING SITE ENTRY GARAGES FOR THE THREE HOMES TO MEET THE SUBDIVISION AND ZONING ORDINANCES. STAFF SUPPORTS THE APPLICANT'S REQUEST FOR DEVIATION FROM S AS WELL AS SUPPORT THE SITE ENTRY GARAGES FOR THE THREE HOMES ON THE NORTH SIDE OF THE CONCEPT CONCEPT PLAN DUE TO DIFFERENT, UH, PROPERTY OWNERSHIP TO THE NORTH, THIS IS THE PROPOSED, UH, CONCEPT PLAN. SO RIGHT HERE IS WHERE THE, THE HOME IS, BUT THE REST OF THIS PROPERTY RIGHT HERE IS VACANT AND THESE ARE THE 20 HOMES. AND THE APPLICANT IS SEEKING DEVIATION FOR THE, THESE 3 1, 2, 3 LOTS ON THE NORTHERN SIDE, WHICH ARE BUS, THE, UH, EXISTING, UH, HOME. RIGHT, RIGHT. LET'S SEE RIGHT HERE. AND ON AUGUST 20TH, 2023, A PUBLIC HEARING NOTICE APPEARED IN THE DAILY FOCUS NEWSPAPER AND STAFF MAILED 58 NOTIFICATION TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE. TO DATE, NO LETTERS WERE RECEIVED IN FAVOR OR IN OPPOSITION TO THIS APPLICATION. AND THE AREA IN BLAKE IS THE, UM, THIS AREA IN BLAKE IS THE SUBJECT SITE AND THE AREA IN BLUE IS THE, UH, 200 NOTIFICATION AREA. AND THE AREA IN PAPER IS THE 400 NOTIFICATION AREA. STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL OF THE PD AND THE REQUESTED DEVIATIONS IS SUBMITTED. AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE. THANK YOU VERY MUCH, COMMISSIONERS. ARE THERE ANY QUESTIONS FOR STAFF? MS. CAESAR? YES. UH, MR. CHAIR, MS. MAZI, THE THREE LOTS THAT WERE REQUIRING OR REQUESTING DEVIATION, COULD YOU BACKTRACK AND COVER THAT AGAIN FOR ME PLEASE? YES. SO, SO THE APPLICANT IS PROVIDING ALL LEASES. YOU CAN SEE THERE'S AN ARI RIGHT HERE. THERE'S ALSO, THEY'RE GOING [00:50:01] TO USE THIS ARI RIGHT, RIGHT HERE FOR THESE LOTS. BUT THEY'RE REQUESTING A DEVIATION FROM ARI REQUIREMENT FOR THESE THREE LOTS BECAUSE THERE'S DIFFERENT OWNERSHIP RIGHT HERE, THE RESIDENCE THAT SEE THE PROPER. THIS PROPER OWNER DOES NOT OWN THIS PROPERTY RIGHT HERE. SO THEY COULDN'T PROVIDE EARLY ON THIS SIDE. SO THEY'RE ASKING FOR A DEVIATION FROM EARLY REQUIREMENT FOR ONE, TWO, AND THREE LOADS. EVERYTHING ELSE THEY'RE MEETING THE, UH, ZONING AND UM, SUBDIVISION ORDINANCE REQUIREMENTS, ROADS, WELL THE ROADS, UM, THEY WILL BE COMING IN RIGHT HERE, THAT'S NUMBER ONE. AND THEN NUMBER TWO FROM YOUR ROAD RIGHT HERE, THOSE ARE THE MAIN, SO IT'LL BE LIKE AN L SHAPE. SO AGAIN, JUST FOR CLARITY, UH, OUT OF ALL OF THE LOTS THAT ARE HERE, THE ONLY THREE LOTS THAT WILL NOT HAVE AN ALLEY BEHIND IT WOULD BE THE THREE LOTS ON THE NORTHERN SIDE ENTRANCE INTO THE SUBDIVISION WOULD BE OFF OF ELL ROAD WHERE SHE HAS A CURSOR THAT WILL BE A NEW CONSTRUCTED PUBLIC ROAD. AND THE ROAD THAT'S GOING, I'M GONNA SAY LEFT OR RIGHT, THAT'S AN EXISTING RESIDENTIAL ROAD AND THUS IT'S GONNA BE THAT HELL SHAPED ROAD THAT IS GONNA BE CONSTRUCTING. SO ALL OF THOSE HOMES RIGHT THERE ON THE LEFT WILL HAVE AN ALLEY BEHIND IT. THOSE NEXT SET OF HOMES ON THE RIGHT OF THE CURSOR, 2, 4, 6, 8, 10 WILL HAVE AN ALLEY IN BETWEEN IT, WHICH MEANS THE HOMES THAT ARE ON U ROAD WILL BE FACING MULE ROAD. SO THE ONLY DEVIATION REQUEST WITH THIS CASE IS FOR AN ALLEY. THEY'RE NOT REQUESTING A DEVIATION TO HAVE A SIDE. WHAT, WHAT TYPE OF GARAGE IS IT? UH, SIDE GARAGE OR J SWING. OH, J SWING. MM-HMM . OUR RE REGULATIONS RE RESTRICT FRONT ENTRY GARAGES. SO THEIR STATEMENT THAT THEY'RE GONNA HAVE THESE SIDE J SWINGS ARE IN COMPLIANCE. SO THE ONLY DEVIATION REQUEST WITH THIS CASE IS TO REQUEST APPROVAL TO HAVE NO ALLEY ON THE NORTHERN SIDE. ARE THOSE THREE MOST LOTS? THANK YOU MS. BROOKS. CAN YOU POINT THOSE OUT AGAIN WITH YOUR POINTER? THE THREE RIGHT HERE, THAT'S LOT NUMBER ONE. NOT NECESSARILY BY ORDER, BUT THERE'S ONE LOT THERE. THERE'S A SECOND LOT THERE AND THERE'S A THIRD LOT THERE. THE PUBLIC ROAD IS IN FRONT OF THOSE THREE LOTS. AND AGAIN, THESE FIVE LOTS ON THIS SIDE, WE'LL HAVE AN ALLEY BEHIND IT WITH A PUBLIC STREET IN FRONT OF IT. THESE FIVE LOTS HERE WOULD HAVE A PUBLIC STREET IN FRONT OF IT WITH AN ALLEY BEHIND IT. THESE FIVE LOTS HERE WOULD HAVE AN ALLEY BEHIND IT AND ALL FACE YOUR ROAD. SO 1, 2, 3. THIS SUBDIVISION IS SHAPED WHERE I'M GOING NOW WITH MY CURSOR. YOU SEE I'M TURNING RIGHT HERE AND GOES UP BEHIND THE HOMES. LITTLE JIG JAG HERE AND IT COMES STRAIGHT DOWN. THIS IS THE PROPERTY AS SHE IDENTIFIED FOR YOU EARLIER. SEE THAT FUNNY SHAPE? SO AGAIN, THIS APPLICANT DOES NOT CONTROL ANY OF THE PROPERTY OUTSIDE OF THE RED LINE. SO THOSE THREE LOTS ARE IN THIS NORTHERN SECTION HERE AND THEY'RE TAKING THEIR RIGHT OF AWAY FROM WHERE THEIR ACCESS FROM WHERE THE ACCESS OR RIGHT OF WAY THEY'RE GONNA BE CREATED. THE ACCESS, I'M SORRY, THE ACCESS. OKAY, THE TWO ACCESSES ARE GONNA COME OFF. LEMME GO BACK TO THIS ONE AGAIN. SPECIFICALLY THOSE, IF YOU SEE ON THIS ONE THERE'S A PUBLIC ROAD ON THE SOUTH SIDE. SO THEY'RE GONNA HAVE A ROAD THAT COMES UP IN HERE AND THEN A ROAD COMING OFF OF HERE. OKAY. IT'S GONNA BE AN L-SHAPED ROAD WHERE THE THREE LOTS WILL BE HERE. YOU'LL HAVE FIVE LOTS ALONG HERE AND 10 LOTS IN IN HERE. AND AGAIN, THAT UM, CAN BE SEEN HERE. 1, 2, 3, 4, 5. THOSE ARE THE FIVE THAT WILL FRONT ONTO ELL ROAD. 1, 2, 3, 4, 5. THEY WILL BACK AND SHARE THE SAME PUBLIC ALLEY AND THEIR FRONT WILL BE ON THE NEW ROAD, UH, 50 FOOT RIGHT OF WAY ROAD THAT THEY WILL CONSTRUCT THE OTHER SET OF FIVE HOMES ON THIS WEST SIDE. THEY WILL HAVE AN [00:55:01] ALLEY BEHIND THEM. AND THEN AGAIN THESE THREE ON THE NORTH ARE THE ONLY THREE THAT BY THEIR DESIGN WILL NOT HAVE AN ALLEY. AND BECAUSE THIS IS A PD, THEY ARE AUTHORIZED TO SEEK A VARIANCE. UH, IT'S NOT A VARIANCE, A DEVIATION WITH THE CITY FOR THOSE THREE. MR. YES, MR. BREWER. EXCUSE ME. IT'S TO THE NORTH OF THOSE THREE HOMES YOU SEE THERE IS A SINGLE FAMILY HOME THERE, CORRECT? CORRECT. THAT'LL BE IN THIS AREA HERE. AND THEN GOING BACK TO THE, YOU CAN SEE IT BETTER HERE. YOU CAN KIND OF SEE THE UH, THE HOME DEVELOPED IN HERE, RIGHT? AND TO THE NORTH OF THAT SINGLE FAMILY HOME IS THAT VACANT LAND? VACANT LAND. SO THAT LONG SLITHER DOWN TO THE SIDE OF THE, IT'S A PART OF THIS LARGER TRACK HERE. YOU CAN SEE HERE THIS IS DIVIDING THE LOT THAT'S GOING FURTHER NORTH. SO THIS IS A PART OF THIS PROPERTY HERE. OKAY. AND WOULD THAT, DO YOU KNOW IF THAT LITTLE SLITHER OF LAND THERE, IS IT GONNA BE USABLE ANYWAY? UH, DO YOU KNOW IF IT'S, THAT WOULD BE UP TO THE DEVELOPER. OKAY. BUT IT'S, AGAIN, IT'S OUTSIDE OF THIS DEVELOPER'S LAND OF CONTROL FOR WHAT THEY OWN. AND IS THAT, DO YOU KNOW IF THAT LAND IS ZONED SINGLE FAMILY, 10 OR SINGLE FAMILY? EIGHT. YES. SINGLE FAMILY. 10 AS UM, SHOWED HERE, SINGLE FAMILY. OKAY, SO YOU SEE ALL THE GREEN SHADE, INCLUDING THE PROPERTY THAT'S BEING REQUESTED TO BE ZONED IS CURRENTLY SF 10. OKAY, THANK YOU. MS. SEASON? YES, MR. BREWER. I HEARD 20 LOTS, 20 HOUSES, BUT WHEN YOU SHOWED ON THE SCHEMATIC, I ONLY COUNTED 18. DID I MISS SOME? 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 UNLESS I'M MISSING COUNT. 19. 19. OKAY, SO 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 ON THE BACK HALF IN THAT LITTLE SLIVER. AREN'T THOSE LIGHTS AS WELL ON THE LAC BACK HOUSE? YES SIR. THAT'S THE EXISTING SUBDIVISION THAT YOU CAN SEE ALL ALONG HERE. THEY HAVE AN ALLEY GOING ALL BEHIND THEM. ALL OF THESE ARE HOMES, YOU CAN SEE THEM RIGHT HERE. YEP. AND THERE'S AN ALLEY BEHIND THOSE HOMES. THERE'S EXISTING ALLEY, UH, THAT'S GOING REALLY THROUGH ALL THIS SUBDIVISION. GO BACK TO THE DEVELOPER SCHEMATIC. YOU, YOU JUST HAD OUT. IT LOOKS AS IF THOSE LOTS ARE A PART OF THIS DEVELOPMENT. THOSE RIGHT THERE THAT YOU HAVE YOUR PIN ON THAT LOOKS LIKE SIX LOTS. THERE ARE FIVE TO THE RIGHT, THEY'RE NOT TO THE RIGHT. YES, STRAIGHT UP AND DOWN. 1, 2, 3, 4, 5, 6. THOSE ARE PART OF THIS PROJECT. OKAY, THAT'S WHAT I WAS SAYING. I MISSED THOSE WHEN YOU WERE AT 'EM. THESE SIX HERE, 2, 4, 6, 8, 10 THERE. AND THOSE 3 19, 6 10, 3 19 TOTAL. GOT IT. THANK YOU. ALRIGHT COMMISSIONERS, ARE THERE ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, HEARING IS SEEING NONE. I SEE THE APPLICANT IS IN ATTENDANCE. ARE THERE ANY BURNING QUESTIONS FOR THE APPLICANT THAT IT CAN'T WAIT UNTIL REGULAR SESSION? OKAY, HEARING AND SEEING NONE, UH, STAFF, IS THERE ANYTHING ELSE THAT WE NEED TO TAKE UP BEFORE WE CLOSE THE WORK SESSION? NOT FROM MY POINT. YES, WE DO HAVE, UH, THE, UH, JOINT, JOINT, UH, CITY COUNCIL AND UH, PLANNING AND ZONING COMMISSION MEETING ON MONDAY THE 18TH. UH, REMEMBER LAST TIME WHEN WE DID GREEN, GREEN SPACE, UH, MEETING, WE SAID THERE WILL BE A FOLLOW UP MEETING. SO THAT MEETING WILL BE ON MONDAY AT 6:00 PM OKAY. AND ALSO, UM, LET ME TAKE THIS TIME ALSO TO INTRODUCE OUR NEW MEMBER OF THE PLANNING TEAM. WE DO HAVE, UH, TRENT CAROL, HE'S OUR NEW PLANNING TECHNICIAN, SO HE WILL BE WORKING WITH US AND, UH, RELIEVING, UH, DR. MAX FROM THAT DOOR. SO WE ARE GRATEFUL TO HAVE HIM. PLEASE HELP ME WELCOME TRENT CAROL. [01:00:05] WELCOME MR. CARROLL. AND FULL DISCLOSURE, MR. CAROL AND I USED TO WORK TOGETHER IN, IN DALLAS COUNTY. SO WHEN I SAW HIM I WAS LIKE, WHAT YOU DOING DOWN HERE? HE SAID, HE'S LIKE, I WORK HERE. I WAS LIKE, OKAY, WELL, ALL RIGHT, WELL WELCOME TO THE TEAM MR. CARROLL. UH, THAT BEING SAID, IS THAT, IS THAT TO SAY HE'S A GOOD GUY? HUH? IS THAT TO SAY HE'S A GOOD MAN? OH YEAH, YEAH, ABSOLUTELY. ABSOLUTELY. DEFINITELY A GOOD GUY. DEFINITELY A GOOD GUY CHAIR. LEMME ALSO GIVE YOU ONE OTHER DATE TO PUT ON YOUR CALENDAR, UM, IN OCTOBER, AND THAT WOULD BE THE THIRD MONDAY IN OCTOBER WHEN THE COUNCIL HAVE THEIR TOPIC WORK SECTION THAT IS PROJECTED MEETING WHEN THE, UH, CONSULTANTS DURING THE COMP PLAN WILL BE PRESENTING DRAFTS OF THE DIFFERENT CHAPTERS AND LET YOU SEE THE COMPREHENSIVE PLAN. AND THAT WILL PROBABLY ALSO BE A JOINT MEETING ALSO AT SIX TIME. I'M NOT SURE 'CAUSE I THINK THEY'RE CHANGING THEIR HOURS, BUT WE'LL LET YOU KNOW SOONER AT THAT POINT. THANK YOU. OKAY, THANK YOU VERY MUCH. AND IF I'M NOT MISTAKEN, THE UH, BOARD AND COMMISSION RECEPTION ISN'T THAT NEXT THURSDAY THE 21ST? IS THAT STILL OKAY. ALRIGHT, STAFF, ANYTHING ELSE BEFORE WE CLOSE, UH, THIS WORK SESSION? ALRIGHT, WELL, BEFORE WE, I'M GONNA TAKE A, A, A MOMENT OF PERSONAL PRIVILEGE BECAUSE MR. STONE IS HERE AND NOW MR. STONE GOT BACKUP. YOU KNOW, MR. STONE DIDN'T WANNA DO THIS THING BY HIMSELF, SO HE, HE CALLED IN THE BIG GUNS, HE CALLED , CALLED IN HIS WIFE AND KIDS. SO MR. STONE, DID YOU, DID YOU WANNA COME UP WITH YOUR FAMILY? UH, MAYBE JUST SAY AGAIN A COUPLE OF WORDS AND MAYBE GET A, A PHOTO, YOU KNOW, WITH YOU, YOUR WIFE AND YOUR FAMILY. I'LL TAKE THE PRIVILEGE OF SAYING REALLY, REALLY WORDS. OKAY? ABSOLUTELY. THANK YOU MR. PUGH. YOU'VE BEEN A TRUE PROFESSIONAL. YOU'VE KEPT ME OUTTA TROUBLE. THANK YOU MS. BROOKS, FOR YOUR INTELLIGENCE AND YOUR EXPERTISE. THANK YOU MS. CAESAR FOR YOUR GUIDANCE, THE SOFT SKILLS THAT I OFTEN LACK THAT YOU PROVIDE. THANK YOU MR. RNE AND MR. BELL FOR DIFFERENT POINTS OF VIEW. IF MR. GILSTRAP WAS HERE, I WOULD THANK HIM PERSONALLY FOR OFTEN BEING, WHAT'S THE TERM THAT I'M LOOKING FOR? I WOULD THANK MR. GILSTRAP FOR BEING MR. GILSTRAP , MR. ELLI AND MR. BERRY. I WISH YOU GUYS NOTHING BUT THE BEST AND I WANNA PERSONALLY THANK MY WIFE BECAUSE AS YOU CAN SEE, MY CREW IS IN TOW AND THAT IS A LOT TO WRANGLE BY YOURSELF FOR A COUPLE HOURS EVERY TUESDAY AND SHE HAS GRACEFULLY ALLOWED ME TO SERVE. SO THANK YOU TO MY LOVELY WIFE AND IF YOU WOULDN'T MIND IF I COULD GRAB A PHOTO WITH MY FAMILY AND THEN WE, I WILL ALLOW YOU TO CLOSE OUT YOUR WORK SESSION. MR. CHAIR, THAT'S HIS POLITE WAY OF SAYING MOVE OUT THE WAY. NEXT TODAY. THANK YOU. OKAY NOW THANK YOU MR. CHAIR. YOU ARE WELCOME. WELCOME. THANK YOU SIR. ALRIGHT. AND ALRIGHT. YES. OKAY. RIGHT. THANK YOU STONE FAMILY. AND UH, LAST PIECE OF BUSINESS. BEFORE WE CLOSE THIS WORK SESSION, DO WE HAVE A VOLUNTEER, UH, FOR THE PLEASURE OF ALLEGIANCE THIS EVENING? UH, MS. BROOKS, THANK YOU VERY MUCH. SO WITH THAT BEING SAID, IF THERE ARE NO OTHER BUSINESS AT THIS PARTICULAR TIME, WE WILL CLOSE THE WORK SESSION AT 6:43 PM AND WE'LL START UP THE REGULAR WORK SESSION PROMPTLY AT 7:00 PM THANK YOU. GOOD EVENING LADIES AND GENTLEMEN. THE TIME [B. PLEDGE OF ALLEGIANCE] IS NOW 7:00 PM I'D LIKE TO WELCOME YOU OUT TO THE SEPTEMBER 12TH, 2023, UH, DE SOTO PLANNING ZONING COMMISSION MEETING. WE WILL BEGIN BY BEING LED IN THE PLEASURE OF ALLEGIANCE BY COMMISSIONER BROOKS PLANT INANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC OF WHICH IT STANDS, ONE NATION [01:05:01] UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE ALL. THANK YOU. YOU MAY BE SEATED. BEFORE WE GET TO THE FIRST ITEM ON THE AGENDA, UH, ONCE AGAIN I WOULD LIKE TO WELCOME OUR NEWEST COMMISSIONERS, COMMISSIONER BERRY AND COMMISSIONER ELLI, UH, TO THE COMMISSIONER, WELCOME ONCE AGAIN. AND I'D ALSO LIKE TO CONGRATULATE ONCE AGAIN MR. RNE, WHO'S BEEN SELECTED AS OUR NEW VICE CHAIR. AND AGAIN, COMMISSIONERS, THANK YOU FOR HUMBLY ALLOWING ME TO SERVE AS YOUR CHAIR. UH, WITH THAT BEING [a. Consider approval of minutes from the Planning and Zoning Regular Meeting held on June 27, 2023.] SAID, WE'LL MOVE ON TO THE FIRST ITEM OF THE AGENDA, WHICH IS CONSIDER APPROVAL OF MINUTES FROM THE PLAN ZONING, REGULAR MEETING HELD ON JUNE 27TH, 2023 COMMISSIONERS. ARE THERE ANY ALTERATIONS, DELETIONS, ADDITIONS, OR OTHERWISE MODIFICATIONS TO THOSE MINUTES OF JUNE 27TH, 2023? HEARING IS SEEING NONE. IS THERE A MOTION FOR APPROVAL OF THE MINUTES FROM JUNE 27TH, 2023? SO IT'S BEEN MOVED BY COMMISSIONER CAESAR. IS THERE A SECOND? I'LL SECOND. IT'S BEEN SECONDED BY COMMISSIONER ELLI. UH, ARE ALL THOSE IN FAVOR? PLEASE RAISE YOUR RIGHT HAND AND SAY AYE. AYE. OPPOSED? RAISE YOUR RIGHT HAND AND SAY NAY. MOTION CARRIES UH, AND PASSES UNANIMOUSLY. SEVEN ZERO. NEXT ITEM [b. Consider approval of minutes from the Planning and Zoning Regular Meeting held on August 22, 2023.] ON THE AGENDA IS CONSIDER APPROVAL OF MINUTES FROM THE PLANNING AND ZONING REGULAR MEETING HELD ON AUGUST 22ND, 2023. AGAIN, AUGUST 22ND, 2023. SAME QUESTION. COMMISSIONERS, ARE THERE ANY ALTERATIONS, DELETIONS, ADDITIONS OR OTHERWISE MODIFICATIONS TO THOSE PARTICULAR MINUTES? HEARING AND SEEING NONE, IS THERE A MOTION FOR THE APPROVAL OF THE MENACE FOR AUGUST 22ND, 2023? SO MOVED. BEEN MOVED BY VICE CHAIR RAVENELL. IS THERE A SECOND? SECOND. SECOND. BEEN SECOND. I THINK MS. UH, CAESAR UH, BEAT YOU OUT. SO, UH, SECOND BY MS. CAESAR. ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM AUGUST 22ND, 2023, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE. AYE. ANY OPPOSED? SAY NAY. MOTION PASSES UNANIMOUSLY. SEVEN TO ZERO. [1. Conduct a Public Hearing and consider making a recommendation to the City Council for the applicant's request to rezone a 6.l65-acre tract of land legally described as being Tract 20 in the John Lewis Survey, Abstract 774 (1119 Uhl Road) from existing Single Family-10 (SF-10) to a Planned Development (PD) with base zoning district of Single Family-8 (SF-8) with deviations. The applicant is Roc Design Engineering and the property owners are Ronnell Johnson and Jonathan Ortega. (Case No. Z-1503-23).] WE HAVE ONE ITEM ON THE PUBLIC HEARING AGENDA, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMME RECOMMENDATION, EXCUSE ME, TO THE CITY OF UH, COUNCIL FOR THE APPLICANT'S REQUEST TO REZONE A 6.165 ACRE TRACK OF LAND LEGALLY DESCRIBED AS BEING TRACK 20 IN THE JOHN LEWIS SURVEY ABSTRACT 7 7 4 11 19 U ROAD FROM EXISTING SINGLE FAMILY 10 S-F-F-S-F 10 TO A PLAN DEVELOPMENT PD. WE'RE BASED ZONING THE DISTRICT OF SINGLE FAMILY AT EIGHT SF EIGHT WITH DEVIATIONS. THE APPLICANT IS ROCK, UH, DESIGN ENGINEERING AND THE PROPERTY OWNERS ARE RONELL JOHNSON AND JONATHAN ORTEGA. AND THIS IS CASE NUMBER Z DASH 1 1503 DASH 23. MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING. COMMISSIONER RAD WITH THE PLANNING DIVISION CASE C NUMBER 15 0 3 23 IS A NEW PLAN DEVELOPMENT REQUEST WITH BASED ZONING DISTRICT OF SINGLE FAMILY EIGHT WITH DEVIATION. THE SITE IS 6.2 ACRES AND IS CURRENTLY ZONED SINGLE FAMILY. 10. THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF RUB, BONNET DRIVE AND SOUTH EURO ROAD. IT IS ADDRESSED AS 1 1 1 9 SOUTH YOUR ROAD TO THE, TO THE LEFT IS THE AREA MAP AND TO THE LEFT TO THE RIGHT. TO THE LEFT IS THE AREA MAP TO THE RIGHT IS THE LOCATION MAP. IN TERMS OF THE CURRENT ZONING AND ADJUSTING PROPERTIES TO THE NORTH, THE PROPERTIES ARE ZONED SINGLE FAMILY 10. THERE'S A RESIDENCE TO THE NORTH AND THE REST OF THE PROPERTIES VACANT TO THE SOUTH IS A PLANNED DEVELOPMENT. 76 WITH SOME HOMES TO THE EAST IS A PROPERTY THAT IS OWNED AGRICULTURE WITH THE CITY PARK TO THE WEST IS P PLANNED DEVELOPMENT 78 WITH SOME HOMES. THE FUTURE LAND USE PLANT IDENTIFIES THIS SITE AS LOW DENSITY TO RESIDENTIAL. THE PROPOSED HOMES ARE CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2015 COMPREHENSIVE PLAN. ACCESS TO THE SITE IS PROVIDED FROM RUB, BONNET DRIVE AND SOUTH U ROAD. RUB BONNET IS A LOCAL ROADWAY AND SOUTH U ROAD IS CURRENTLY A TWO LANE ROAD THAT IS ANTICIPATED TO BE FOUR LANE ARTERIAL ROADWAY ON THE 2 20 15 MASTER THERAPY PLAN. MORE INFORMATION ON THE CURRENT PD REQUEST. [01:10:01] THE CURRENT REQUEST IS FOR A NEW PD WITH SINGLE FAMILY EIGHT BASED ZONING WITH EARLY DEVIATION AND PROPOSED SITE ENTRY GARAGES FOR THREE LAWS. THE PROPERTY IS CURRENTLY OWNED, SINGLE FAMILY 10 AND IS 6.2 ACRES IN SIZE. THE APPLICANT IS PROPOSING 19 HOMES AND IS REQUESTING DEVIATION FROM SECTION 9.40 3.2 OF THE SUBDIVISION ORDINANCE AS WELL AS SECTION 38.2 OF THE ZONING ORDINANCE. BOTH SECTIONS SECTIONS REFER TO EARLY REQUIREMENT AND PROHIBITS FRONT FACING GARAGES. WHILE THE APPLICANT IS SEEKING EARLY DEVIATION FOR THREE OF THE 19 HOMES, THE APPLICANT IS PROPOSING SITE ENTRY GARAGES FOR THE THREE HOMES TO MEET BOTH THE SUBDIVISION AND THE ZONING ORDINANCES. STAFF SUPPORT THE APPLICANT'S REQUEST FOR DEVIATION FROM A S AND SUPPORT THE SITE ENTRY GARAGES FOR THE THREE LOADS ON THE NORTH SIDE OF THE CONCEPT PLAN DUE TO DIFFERENT PROPER OWNERSHIP TO THE NORTH, THIS IS THE PROPOSED, UM, CONCEPT PLAN. AND ON AUGUST 20TH, 2023, A PUBLIC HEARING APPEARED. A PUBLIC HEARING NOTICE APPEARED IN DAILY FOCUS. NEWSPAPER AND STAFF MAILED 58 NOTIFICATIONS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE. TO DATE, NO LETTERS HAVE BEEN RECEIVED IN FAVOR OR IN OPPOSITION TO THIS APPLICATION. AND THE AREA IN BLAKE IS THE AREA THAT IS, UH, THE SUBJECT SITE. THE AREA IN BLUE IS THE 200 FEET NOTIFICATION AND THE AREA IN PAPER IS THE 400 FEET NOTIFICATION. STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL OF THE PLAN DEVELOPMENT AND THE REQUESTED DEVIATION IS SUBMITTED. AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT THE COMMISSION MIGHT HAVE. HOWEVER, MR. BROY IS SOMETHING TO SAY, MR. BREWER, YOU GOT THE FLOOR. SIR. I'M ALWAYS THE BEARER OF BAD NEWS IN THAT LITTLE BREAK PERIOD THAT WE JUST HAVE. I WENT TO GIVE YOU SOME LARGER COPIES. YOU KNOW, BECAUSE WE ARE HAVING TECHNICAL DIFFICULTIES AND OUR NEWEST, UH, COMMISSIONER MR. BERRY, UPON READING IT THAT QUICKLY, UM, HE CAUGHT HIS EYES THAT THERE IS A 20TH LOT IN THIS SUBDIVISION. SO DURING THIS BREAK WHEN I WENT TO TALK TO THE APPLICANTS ABOUT THAT 20TH LOT, WHICH IS THE LARGER LOT BET, UH, ABOVE THE, UM, ABOVE THE THREE LOTS WE'RE TALKING ABOUT THIS ALLEY, AS YOU SEE THIS LOT HERE IS A PART OF THIS 20 LOT SUBDIVISION. IT SAYS LOTS ONE THROUGH 20, YOU COUNT 'EM UP WHILE AGO WE SAID 19 SMALLEST SINGLE FAMILY. AND THAT 20TH IS THIS LARGER ONE. WELL, WHEN I WAS INQUIRING WITH THEM TO GET CLARIFICATION, IS THAT GONNA BE A DRAINAGE AREA? IS THAT GONNA BE A A PARK AREA? I WAS INFORMED THAT THAT PROPERTY'S BEEN SOLD. SO WHEN I'M SAYING THAT YOU'RE TELLING ME THAT PROPERTY'S BEEN SOLD, THEN WE DON'T HAVE A CORRECT SITE PLAN. WE CANNOT REZONE SOMEBODY ELSE'S PROPERTY. UH, THAT APPLICANT HAS A LOT THAT IS ZONED. REMEMBER I SAID ALL THIS PROPERTY'S ZONED, UH, SF 10, RIGHT? IF WE APPROVE AS IS, THEN WE HAVE AN ERROR REZONED THIS PERSON'S PROPERTY FROM A SINGLE FAMILY 10 TO BE A PART OF A PLAN DEVELOPMENT SF EIGHT. SO MY REQUEST TO YOU, I HAVEN'T, WE RAN OUTTA TIME TO TALK OUT THERE. UM, AND I KNOW HOW YOU AS A COMMISSION DON'T LIKE KICKING THE CAN DOWN AND I CANNOT HONESTLY SAY I THAT TRYING TO GET A HAND-DRAWN CORRECTION WILL SUFFICE STAFF'S POSITION. I NEED TO ASK AS A DIRECTOR THAT YOU CONTINUE THIS CASE TO YOUR NEXT, UH, MEETING ON OCTOBER THE 26TH TO ALLOW THE APPLICANT TO GIVE US A CORRECTED SITE PLAN, UM, FOR THIS CASE. BUT AGAIN, UH, CAN I SAY SOMETHING? YES. UM, STILL OPEN AND CLOSE. STILL OPEN THE PUBLIC HEARING, ALLOW ANY PUBLIC INPUT, ALLOW UM, THE APPLICANTS TO SPEAK AND THEN ALSO WE'LL, UH, SEEK GUIDANCE FROM OUR CITY ATTORNEY AT THE END AFTER WE HEAR WHAT THEY HAVE TO PRESENT. OKAY? ALRIGHT. COMMISSIONS. ANY QUESTIONS FOR MR. BREWER? [01:15:03] OKAY, AND ICIC ATTORNEY HAS HIS MIC ON? YES, SIR. UH, MR. CHAIR? YES. I DON'T THINK WE NEED TO CONTINUE THIS PUBLIC HEARING. I THINK WE OUGHT TO RE ADVERTISE. UM, JUST BECAUSE IT WAS ADVERTISED INCORRECTLY. IF THE ACREAGE HAS CHANGED, IF THE LOT SIZE HAS CHANGED, ALL THE ADVERTISEMENTS WERE DONE INCORRECTLY, UM, IT WAS NOTIFIED ON THE AGENDA INCORRECTLY. UM, SO IF WE'RE NOT REZONING THE 6.5 ACRES, WE'RE DOING SOMETHING ELSE AND I, I THINK WE NEED TO, UM, EITHER PULL THIS, DENY IT, WHATEVER WE WANT TO DO, RE ADVERTISE IT AND, UH, ADDRESS IT AT ANOTHER MEETING. THAT WOULD BE MY SUGGESTION. I CONCUR WITH THAT, WHAT I'M HEARING ABOUT WHAT WE ADVERTISED. UH, BUT I STILL THINK WE, IF YOU WOULDN'T MIND, PLEASE ALLOW THE APPLICANTS TO JUST TYPICALLY SPEAK BEFORE YOU, UH, SO THAT THEY CAN, UH, BE HEARD. OKAY? SO IF I'M HEARING A CITY ATTORNEY CORRECTLY, BASICALLY WE SHOULD TAKE NO ACTION ON THIS. WE NEED TO PULL IT BECAUSE EVERYTHING WAS BASED ON THE CHANGE. EVERYTHING IS INCORRECT, THE NOTICE AND EVERYTHING ELSE. SO I THINK IT PROBABLY WOULD ALSO BE IMPROPER, UH, FOR THE APPLICANT TO EVEN SPEAK AT THIS PARTICULAR POINT IN TIME UNTIL WE GET EVERYTHING CORRECTED. SO WITH THAT BEING SAID, UH, COMMISSIONERS, YOU'VE HEARD MR. THE ATTORNEY GO AHEAD. SINCE THIS IS THE FIRST I'M HEARING OF IT, LET ME JUST ADDRESS WITH STAFF A LITTLE BIT. UM, 'CAUSE NOW I'M GETTING SOME CONFLICTING INFORMATION ABOUT WHAT'S GOING ON. OKAY. IT SOUNDS LIKE THERE NEEDS TO BE A LITTLE TIME. THE CONFERENCE AT THE TIME NOW IS SEVEN 12. WHY DON'T WE RECONVENE AT SEVEN 20? THANK YOU, MR. CHAIRMAN. YES. OKAY. THE TIME IS NOW SEVEN 16 AND I THINK WE HAVE A UPDATE FROM STAFF. MR. BREWER CHAIRMAN APPEAL MEMBERS OF THE COMMISSION. AS STATED, UH, EARLIER, WE FOUND THAT, UM, STAFFS ADVERTISING TO THE PUBLIC NOTICE IN THE NEWSPAPER, UH, WAS NOT DONE CORRECTLY AS FAR AS THE DESCRIPTION OF LAND TO BE REZONED. THE ADVERTISEMENT SAYS SIX POINT SOMETHING ACRES. UM, THAT NORTHERN PROPERTY IS NOT A PART OF THIS CASE. THAT NORTHERN PROPERTY HAS BEEN SOLD, THAT PROPERTY OWNER HAS NOT SIGNED OFF FOR THEIR PROPERTY. TO BE REZONED, TO BE INCLUDED WITHIN THIS PD SF EIGHT. WE TALKED ABOUT IT AS AN SF 10, AND SINCE WE'VE NOTIFIED, PLACED THE NOTICES WITH SPECIAL LANGUAGE TO KEEP THE CITY FROM GETTING ITSELF IN TROUBLE, SHOULD SOMEBODY IN THE FUTURE CHALLENGE THE CITY THAT WE DID NOT PROPERLY ADVERTISE? UH, THIS CASE SHOULD NOT BE CONSIDERED. IT NEEDS TO BE READVERTISED. UM, LOOKING AT THE CALENDAR, UM, IT LOOKS LIKE THE NEXT MEETING DATE THAT IT WOULD BE ABLE TO GO BEFORE YOU WOULD BE YOUR FIRST MEETING IN OCTOBER, WHICH IS OCTOBER THE 10TH. THAT'S, IF WE GET THE DRAWINGS BACK, WE GET THE NEW APPLICATION BACK, BUT THAT'S WHERE WE ARE NOW. IT COULD NOT MAKE YOUR VERY NEXT MEETING BECAUSE OF OUR NOTIFICATION REQUIREMENTS THROUGH THE CITY'S PAPER GENERAL CIRCULATION, THE FOCUS DAILY NEWS, AND THE PROPERTY OWNERS WITHIN BOTH 200 PER STATE AND LOCAL REGULATIONS. AND THE COUNCIL'S DIRECTIVE FROM 200 TO 400 FEET. THANK YOU MS. BREWER. SO COMMISSIONERS, UH, BASED ON THE INFORMATION GIVEN TO US BY STAFF, UH, IS THERE A MOTION, UH, TO CONTINUE THIS MATTER, UH, TO A DATE CERTAIN OCTOBER 10TH? NO. NO, SIR. WE DON'T, WE'RE, IT'S NOT A CONTINUOUS, WE'RE JUST PULLING IN. WE'RE, WE'RE NOT. EXCUSE ME, LET ME USE CORRECT VERBIAGE. THANK YOU, SIR. YES, SIR. SO, IS THERE A MOTION TO PULL CASE NUMBER Z DASH 15 THREE DASH 23? SO MOVE, THERE IS A MOTION BY MR. BERRY TO PULL, UH, CASE NUMBER Z DASH 15 3 23. IS THERE A SECOND? SECOND. THERE'S A SECOND BY MS. BROOKS. ARE THERE ANY QUESTIONS? SEEING AND HEARING NONE. ALL IN FAVOR OF PULLING THIS PARTICULAR ITEM. RAISE YOUR RIGHT HAND AND SAY AYE. AYE. ALL OPPOSED? NAY. OKAY. AT, UH, MOTION PASSES UNANIMOUSLY SEVEN TO ZERO. WITH THAT BEING SAID, THAT WAS THE ONE PUBLIC HEARING WE HAD ON THE AGENDA FOR THIS EVENING, UH, STAFF OR ARE THERE ANY OTHER MATTERS THAT WE NEED TO TAKE UP? JUST TO REITERATE THE MEETING THAT IS GOING TO BE, UH, NEXT MONDAY, THE JOINT, UH, PLANNING AND ZONING COMMISSION AND CITY COUNCIL MEETING FOR THE, UH, TOPICAL SESSIONS AS WELL AS TO ACKNOWLEDGE, UH, THE NEW PLANNING TECHNICIAN, MR. TRAINED CAROL. SO OTHER THAN THAT, THEY ARE NO OTHER. [01:20:01] AND ALSO KEEP ON YOUR CALENDAR, UH, OCTOBER THE 16TH, WHICH IS THE THIRD MONDAY IN OCTOBER. THAT'S WHEN THE CONSULTANTS ARE FORECAST TO PRESENT TO THE COUNCIL AND TO YOU ALSO, AND TO THE EDC, THOSE CHAPTERS OF THE COMPREHENSIVE PLAN THAT'S BEING, UH, AMENDED. BUT WE'LL GET YOU MORE DETAILS AT THE EXACT TIME. I DON'T KNOW THAT RIGHT NOW. THANK YOU. ALRIGHT. UH, SO JUST TO RECAP, UH, COMMISSIONERS, IF, IF YOU'RE WRITING IT DOWN, UH, JOINT MEETING THIS COMING MONDAY, UH, SEPTEMBER THE 18TH, 6:00 PM UH, REMEMBER THE BOARD AND COMMISSION RECEPTION ON SEPTEMBER 21ST, I BELIEVE ALSO THE 6:00 PM AND THEN ALSO ANOTHER JOINT MEETING, OCTOBER THE 16TH, UH, AT 6:00 PM AND WITH MORE INFORMATION TO COME. AND ONCE AGAIN, UH, MR. CARROLL, UH, WELCOME TO THE TEAM SIR. GLAD TO HAVE YOU WITH US. ALRIGHT, WITH THAT CHAIR CHAIRPERSON, UH, MR. RAVEN, JUST, JUST THE POINT ON THE COMMISSIONS, UH, BANQUET, THE BOARDS AND COMMISSIONS BANQUET, THEY DO WANT RSVPS AND DO THEY NOT? AND IT'S ON, IT'S IN OUR EMAILS AND, AND THEN THERE'S A GOOGLE ATTACHMENT TO RESPOND TO RS VP AND THAT IS A WEEK FROM THIS THURSDAY. ALRIGHT, THANK YOU MR. RAVENELL FOR THAT. MS. BROOKS, I THINK, I THINK FOR THE SAKE OF THE NEW COMMISSIONERS, UM, JUST A REMINDER THAT THE JOINT MEETINGS, THERE MUST BE A QUORUM IN ORDER FOR US TO PROVIDE INPUT AT THAT MEETING. ALSO, REMEMBER, QUORUM MEANS AT LEAST FOUR TO SEVEN, SO AT LEAST FOUR TO SEVEN OF US HAVE TO BE THERE. AND, AND MAY I, UH, REOPEN THE DOOR? I KNOW OUR CITY ATTORNEY'S OFFICE OFFICE OFFERED US SOME TRAINING AND SINCE WE ACTUALLY HAVE TWO MEMBERS, UH, THAT WAS APPOINTED LAST TIME, THEY DIDN'T GET, I DON'T NECESSARILY GOT THE TRAINING FROM THE ATTORNEY AND WE HAVE THREE NEW MEMBERS PLUS THE TWO. IT MIGHT BE THAT TIME FOR THAT, UH, TRAINING IF OUR CITY ATTORNEY'S OFFICE STILL OPEN. SO WHY DON'T WE TRY TO SCHEDULE THAT ALSO. UM, IT'D BE GOOD FOR THE SEASONED MEMBERS TO, YOU KNOW, GET UPDATED AND, UH, WE'LL WORK ON SOME, UH, TRAINING FOR YOU ALSO. ABSOLUTELY. THANK YOU MR. BREWER. AND YES MA'AM. YES. I'M ALSO GOING TO ASK YOU ALL TO, UM, UH, FOR, UH, FOR THE CITY OF OTTO TO BE A PEOPLE'S CHOICE FOR SCENIC CITY. UH, WE'RE ABLE TO GET THEIR GOLDEN, UH, AWARD FOR 2023 TO 2028, BUT THERE'S ALSO AN OPPORTUNITY FOR THE CITY TO BE ABLE TO GET A 2023 CENIC CITY PEOPLE'S CHOICE. BUT THAT IS BASED ON OUR VOTINGS. SO THE MORE VOTES WE HAVE, THE MORE WE CAN BE ABLE TO, TO GET THAT AWARD. BUT WE ARE GOING TO GET THE GOLDEN AWARD FOR BEING A CENIC CITY. TAKES A CENIC CITY FOR 2023 TO 2028. BUT WE ALSO HAVE THAT OPPORTUNITY. SO WE ARE ASKING ALL THE RESIDENTS, ALL THE, UM, EMPLOYEES AND EVERYONE TO, TO VOTE. UH, SEAT OF DESOTO IS THE 2023, UM, UM, PEOPLE'S AWARD, PEOPLE'S CHOICE AWARD. IT'S GONNA BE RECOGNIZED THAT THEY ARE TEXAS MUNICIPAL LEADERS MEETING, WHICH IS GOING TO TAKE PLACE IN DALLAS ON OCTOBER FIVE. SO, AND THE VOTING PERIOD ENDS SEPTEMBER 22. MR. SO WE WILL HAVE BESTER TO EMAIL TO Y'ALL THE LINK YES. THAT WILL ALLOW YOU TO VOTE. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. ALRIGHT. ALRIGHT, STAFF, ANYTHING ELSE? ALRIGHT, COMMISSIONERS, ANYTHING ELSE? ALRIGHT, WE'VE KIND OF STARTED A TRADITION HERE, SO I'M NOT GONNA BE THE ONE TO BREAK IT. SO IS THERE A MOTION FOR ADJOURN? SO MOVE, IS THERE A SECOND? SECOND. OKAY. SO I'M GONNA GIVE THE MOTION MADE BY COMMISSIONER SEASON AND WE'RE GONNA SAY SECONDED BY COMMISSIONER BELL. AND ALL IN FAVOR, SAY GOODNIGHT. GOODNIGHT. TIME IS 7:24 PM THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.