Sep 26, 2023 Planning and Zoning Commission Meeting

MS. BROOKS, GOOD AFTERNOON.

THANK YOU VERY MUCH, COMMISSIONERS.

UH, ANY QUESTIONS FOR STAFF? MS. MS. CAESAR? I HAVE ONE.

UH, WHEN YOU WERE TALKING ABOUT THE LANDSCAPE, YOU SAID SOMETHING THAT WAS NOT APPROVED ON THE APPROVED LIST AND YOUR VOICE KIND OF TRAILED OUT.

I DID NOT HEAR THAT.

PLEASE.

I'M SORRY.

THERE'S A APPROVED LIST OF LIVING SCREENING, SO, UM, IN ADDITION TO, UM, FENCING, HE WOULD NEED A LIVING SCREENING ON THIS PROJECT.

AND HE HAVE SOME SCREENING LISTED, BUT IT'S NOT FROM THE APPROVAL LIST.

YES, MA'AM.

I HAVE A, A REQUEST, I'M LOOKING AT THE, UM, THE REPORT AND IT TALKS ABOUT, UM, BEING CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2015 COMPREHENSIVE PLAN.

YES, MA'AM.

SINCE WE ARE UP UNDERGOING AN UPDATE TO THE COMPREHENSIVE PLAN, UM, I THINK IT WOULD BE HELPFUL FOR THE COMMISSIONERS IF WE KNOW, IF IT ALIGNS WITH, I DON'T KNOW, WHAT IS THE TIMELINE ON THE UPDATE FOR THE COMPREHENSIVE PLAN? WE GO TO MY DIRECTOR.

COMMISSIONER, UH, UH, COMMISSIONERS.

WHAT'S THE UPDATE? WHEN DO WE ANTICIPATE ADOPTING THE NEXT CLAIM? THEY'LL GIVE YOU A BIG PICTURE.

YOU HAVE A JOINT MEETING WITH THE CITY COUNCIL ON MONDAY, OCTOBER THE 16TH.

THAT IS WHEN THE CONSULTANTS WILL PRESENTING THEIR PRODUCT AFTER THAT MEETING.

THE LAST PUBLIC MEETING FOR CITIZENS ARE GONNA BE ON THURSDAY, OCTOBER 26TH.

AND THEN FOLLOWING THAT, IF THERE ARE NO DISCUSSIONS OR DELAYS OR, OR ANYTHING LIKE THAT, WILL BE SETTING UP THE REQUIRED PUBLIC HEARINGS, ONE BEFORE YOU AND ONE BEFORE THE CITY COUNCIL.

YOU WILL BE ACTING ON IT INDEPENDENTLY WISE.

SO WE'RE ON THE DOWN STRETCH, BUT WE'LL, YOU'LL BE GET, YOU'LL BE PRESENTED WHAT DRAFT OF THE DOCUMENT IS, YOU KNOW, WE HAVE THE DIFFERENT CHAPTERS LAND USE THEIR AFFAIR, ECONOMIC DEVELOPMENT HOUSING.

THEY WILL PRODUCE THAT DRAFT TO YOU AND TO THE COUNCIL ON OCTOBER THE 16TH.

I'M GONNA ASK YOU TO KEEP SOMETHING IN MIND WHEN I DO MY PRESENTATION.

UM, I, I THINK I WOULD WANT US TO BE MINDFUL COMMISSIONERS OF APPROVING PROJECTS THAT ALIGN WITH THE 2015 COMP PLAN WHEN WE'VE HEARD IN OUR PUBLIC MEETINGS THAT SOME OF THESE LAND USES ARE NOT WHAT OUR CITIZENS WOULD LIKE TO SEE.

UM, SO IF IT'S NOT APPROVED BEFORE WE GET BACK TO THIS CASE, IF STAFF CAN INDICATE IF THIS ALIGNS WITH SOME OF THE CONVERSATIONS YOU'VE HEARD WITH OUR UPCOMING COMP PLAN IN THE LAND USE SECTION, THAT WOULD BE HELPFUL.

WE WILL DO THAT.

I, I THINK WHAT IS NOT BEING UNDERTAKEN THAT'S NOT A PART OF THIS PROCESS THAT WE MAY HAVE TO LOOK AT WILL BE THE SCHEDULE OF USAGE.

THE COMP PLAN IS GOING TO SHOW THE GENERAL USE AND IT'S PROBABLY GOING TO STILL SHOW THAT LOCATION, WHICH IS NORTH OF PARKVILLE ALONG THE, UM, WEST SIDE OF I 35.

I'M ASSUMING IT'S GOING TO PROBABLY STILL SHOW IT AS A COMMERCIAL AREA, BUT I THINK WHAT I MAY BE TRYING TO PULL OUT OR HEAR FROM YOU, YOU MIGHT BE TALKING ABOUT ACTUAL USAGES THAT THE COMP PLAN DOES NOT GET INTO.

SO IF THIS WAS JUST A REGULAR COMMERCIAL, I GUESS MY QUESTION IS WHY WOULD HE BE ASKING FOR A SPECIAL USE PERMIT? RIGHT.

DOESN'T THE USE FALL UNDER THE COMMERCIAL ZONING OR DOES IT NOT RIGHT NOW, IN YOUR ZONING ORDINANCE, IN THE SCHEDULED USE SECTIONS, IT IDENTIFIES THAT A USE CAR LOT REQUIRES A PACIFIC USE PERMIT IN A C ONE AND IS A USE BY RIGHT IN A C TWO.

GOT IT.

SO SINCE THE PROPERTY IS ZONED, UM, LET ME ASK YOU TO GO BACK TO YOUR ZONING ORDINANCE, I MEAN YOUR ZONING MAP.

[00:10:06]

ON THE NEXT AGENDA ITEM, I HAVE A LARGER MAP AND I'LL BE ABLE TO REFERENCE YOU THAT CORNER.

SO YOU CAN SEE ALL THE COMMERCIAL C ONES IN THE CITY.

BUT WHAT LENORE IS SHOWING YOU IS THAT ENTIRE AREA IS C IS IS RED, AND I'LL SHOW YOU THE LARGER MAP WHEN I GO TO MINE.

BUT AS YOU SEE HERE ON THE COMPREHENSIVE PLAN, YOU SEE WHERE MY POINTER IS? YES.

THAT COLOR IS RED.

AND WHEN YOU GO HERE TO THE TABLE, IT SAYS COMMERCIAL.

SO WITH THIS CORNER BEING PARKVILLE AND 35, I HAVEN'T SEEN THE CONSULTANT'S RESULTS, BUT I ANTICIPATE IT'S STILL GONNA BE COMMERCIAL BECAUSE OF THAT.

UH, RAFFA RIGHT THERE.

MM-HMM.

SO THE GENERAL USE AS COMMERCIAL IS PROBABLY NOT GONNA CHANGE, AND THUS IT'S GONNA BE A CASE BY CASE BASIS OF WHAT THAT USE IS GOING TO BE.

BUT THAT TIES INTO THE ZONING ORDINANCE, WHICH ARE NOT THE SAME.

DID I LOSE YOU ONLY BECAUSE YOU DID OVERALL COMMERCIAL ZONING, BUT WE'RE TALKING ABOUT COMMERCIAL ONE AND COMMERCIAL TWO, TWO SEPARATE TYPES OF COMMERCIAL ZONING, CORRECT? YES.

IF YOU GO THAT SCHEDULE OF USAGES IN YOUR BOOK AND YOU HAVE THAT CHART THAT GOES SEVERAL PAGES, YOU STRICTLY HAVE TO LOOK AT THAT COLUMN THAT SAYS C ONE AND THEN TRY TO GET AN IDEA WHAT THE CITY HAS IDENTIFIED AS ALLOWED IN THAT C ONE.

SO IS THIS USE ALLOWED IN C ONE? YES, IT IS ALLOWED WITH A PACIFIC USE PERMIT.

AND THAT'S WHY THE APPLICANT IS HERE TODAY.

SO IT'S NOT ALLOWED BY RIGHT.

THEY WOULD HAVE TO ASK FOR A SPECIFIC USE PERMIT.

EXACTLY, WHICH IS UP TO THE COMMISSION TO DETERMINE IF, TO APPROVE OR NOT APPROVE.

COMMISSIONER GIVE YOU A RECOMMENDATION.

RECOMMENDATION TO CITY COUNCIL COUNCIL ACTION.

THAT'S WHAT A PACIFIC USE PERMIT, UH, ENTAILS A ZONING DESIGNATION, SO IT STANDS ALONE FOR THAT PROPERTY.

THAT'S WHY WE ALSO REQUIRE THE SITE PLAN, THE LANDSCAPE PLAN, UH, BUILDING ELEVATION ALSO UNIQUE TO THAT SITE ONLY FOR THAT USE.

AND IN THIS CASE, HIS SITE PLAN IS GONNA BECOME, AS I CALL A BIBLE, HAVE I GONE UP OR BACK THE OTHER WAY? THIS SITE PLAN WILL BECOME A PART OF THAT SUP ORDINANCE.

HOWEVER, THE COMMISSIONING COUNCIL ESTABLISHES THAT THAT SITE'S PLAN SHOULD BE, IS WHAT HE'S GONNA BE REQUIRED.

RIGHT NOW HE IS PROPOSING TO HAVE, AND, AND I'VE, UH, IN YOUR AGENDA REPORTS, WE GAVE YOU A DETAIL OF ALL THE THINGS HE IS CURRENTLY SHOWING.

FOR EXAMPLE, YOU HAVE THE DRIVEWAY ENTRANCE.

YOU HAVE ONE BUILDING, I THINK IT'S ABOUT 500 SQUARE FEET.

HE'S ONLY SHOWING ABOUT FOUR PARKING SPACES TO BE ABLE TO DISPLAY HIS FOUR OR FIVE CARS.

HE IS SHOWING PARKING SPACE BEHIND THE BUILDING FOR TWO SPACES.

HE IS SHOWING ONLY THIS PORTION.

I CAN'T EVEN SAY THAT IT'S HALF BECAUSE THIS DRAWING DOESN'T GET INTO THE ACTUAL DIMENSIONS OF THE DRAWING, BUT IT SHOWS ONLY A PORTION OF HIS PROPERTY IS GOING TO BE CONCRETE.

THE REAR PROPERTY IS GOING TO BE, UH, THE GRASS THAT EXISTS THERE WITH THE TREES THERE.

HE DOES SHOW A FENCE AROUND THIS EAST SIDE, SOUTH SIDE, WEST SIDE.

HE SHOWS HIS TRASH DUMPSTER HERE.

SO RIGHT NOW, THIS IS THE CASE AS YOU SEE IT, OTHER THAN THE DEFICIENCIES THAT STAFF SAYS THAT AS A SITE PLAN, HE DIDN'T INCLUDE ALL OF THOSE THINGS.

BUT AS FAR AS WHAT HE'S PROPOSING, THIS IS HIS USED CAR LOT WITH FOUR OR FIVE PARKING SPACES, A FENCED AREA, TWO SPACES, A BUILDING OF 50 SQUARE FEET.

THAT'S HIS PROPOSAL.

THE NOTIFICATION AND OPPOSITION MAP THAT WE DO HAVE.

SO USED CAR LOTS ARE ALLOWED IN THE CITY OF DESOTO IN A C ONE DISTRICT, BUT IT HAS TO HAVE A PACIFIC USE PERMIT, WHICH IS THE S OKAY.

ON THE OPPOSITION LETTERS, ARE YOU ABLE TO SHOW IN RELATIONSHIP TO THE SITE WHERE THOSE, UH, RESIDENTIAL FOLKS WHO ARE IN OPPOSITION OF THIS? UM, YES.

WELL, WELL, THEY DON'T GET THE, THE, THIS MAP, THEY GET THE ONE THAT'S ON THE RIGHT HAND SIDE TO LET THEM KNOW EXACTLY WHERE, UM, YOU HAVE OPPOSITION CASE.

YES, I HAVE A OPPOSITION, BUT I DIDN'T RECEIVE ANY OPPOSITION FOR THIS.

DURING OUR BREAK, WE'LL UPDATE THE POWERPOINT TO SHOW

[00:15:01]

THOUGHT WE HAD A FEW OPPOSITION TO THIS, ABOUT THREE OR SO, AND YOU'LL BE ABLE TO SHOW US WHERE THEY ARE IN RELATION TO THIS, WHERE THEY LIVE IN RELATIONSHIP TO THIS SITE.

OKAY, THANK YOU.

COMMISSIONER BROOKS, IF I MAY, OH, MAY I ADD SOMETHING? SURE.

COMMISSIONER BROOKS, IF I MAY ADD, UM, AS YOU CONSIDER SPECIFIC USE PERMITS, THE ZONING ORDINANCE DOES PROVIDE CRITERIA THAT THE PLANNING AND ZONING COMMISSION, UH, GENERALLY CONSIDERS AND MAY CONSIDER IN ADOPTING OR APPROVING AN SUP.

AND THAT'S IN 35.2 IF THAT GUIDANCE IS HELPFUL TO YOU.

JUST A COUPLE QUESTIONS AND I'LL GET TO MY MAIN THING.

ALL OF THE COMMERCIAL THAT'S IN THIS AREA, IS IT C ONE? YES SIR.

IT IS C ONE, CORRECT? YES.

THAT'S, THAT'S ALL I WANTED TO KNOW.

AND THE REASON, MY UNDERSTANDING THAT IT'S COMMERCIAL ONE IS BECAUSE WE'RE CLOSE TO SINGLE FAMILY RESIDENCES AND COMMERCIAL ONE HAS TO BE COMPATIBLE WITH, UM, PROPERTIES AND LAND USE WITHIN 200 FEET.

IS THAT CORRECT? NOT NECESSARILY.

IF YOU'RE TALKING ABOUT A TRANSITION BETWEEN USAGES, THE CITY OF DESOTA USAGES GO, YOU HAVE YOUR RE YOUR RESIDENTIAL ZONING DISTRICTS, THE FIRST NON-RESIDENTIAL USE AFTER YOUR RESIDENTIAL WOULD BE THE NEIGHBORHOOD SERVICES.

THE NEXT LEVEL THAT IS DEEMED LESS INTENSE WOULD BE GENERAL RETAIL.

AFTER GENERAL RETAIL, THEN IT GOES TO YOUR C ONE, C TWO, STILL ESCALATES UP TO INDUSTRIAL.

YOU CAN HAVE COMMERCIAL NEXT TO RESIDENTIAL.

WE HAVE REQUIREMENTS THAT ESTABLISH SCREENING WALLS THAT WOULD BE BETWEEN IT, BUT AS FAR AS I WOULD CALL IT GOOD ZONING PRACTICES, WE KIND OF PRACTICE A TRANSITIONAL ZONING, BUT NOTHING PREVENTS A RESIDENTIAL FROM BEING RIGHT NEXT TO THIS COMMERCIAL.

IF I'VE ANSWERED YOUR QUESTION, THAT'S YES.

YES, WE DON'T USE THE BUFFER ZONES.

THE OTHER QUESTION THAT I HAVE IS, IT'S MY UNDERSTANDING THAT THIS IS GOING TO BE TABLE, THIS IS GOING TO BE TABLED UNTIL THE NEXT MEETING.

IS THAT CORRECT? YES, SIR.

SO THEN WE'RE GONNA TREAT IT THE SAME WAY WE DID THE LAST YES, SIR.

UH, CASE THAT CAME BEFORE US, WHERE WE'RE GONNA HAVE TO HAVE A MOTION TO TABLE IT UNTIL THE NEXT MEETING.

CORRECT.

SO THERE WILL BE NO OPEN DISCUSSION CORRECT.

ABOUT IT.

CORRECT? CORRECT.

LET, LET, LET ME QUESTION ON THAT.

I THOUGHT WE WERE STILL GONNA OPEN THE PUBLIC HEARING SO WE DON'T HAVE TO RE ADVERTISE.

YES, THAT'S THE, THAT'S THE PROCEDURE BECAUSE WE NOTIFIED.

SO IT HAS TO GO THROUGH THE WHOLE NINE YARD AND THEN, THEN AT THE END YOU CAN EITHER UPHOLD THE APPLICANT'S REQUEST TO TEMPLATE OR NOT.

SO WE WILL GO THROUGH THE WHOLE PROCESS TO THIS EVENING.

OTHER THAN CLOSE THE PUBLIC HEARING.

CLOSE, NOT CLOSE THE OKAY.

AND THE APPLICANT WILL BE HERE FOR QUESTIONS.

GO AHEAD AND ASK AGAIN.

THE APPLICANT WILL BE HERE FOR QUESTIONS TONIGHT? YES.

ANY OTHER QUESTIONS PLEASE? UH, MS. CESAR, GO AHEAD.

ON, UH, THE SCHEMATIC THAT SHOWED THE ACTUAL LOT ITSELF, YOU SHOWED US WHERE THE FENCING WAS, THAT ONE? YES.

IF HE DID DO SOMETHING TO THE BACK HALF, IT WOULD HAVE TO BE A USED CAR LOT, WOULDN'T IT? NO.

HE'S ONLY DEVELOPING A PORTION OF THIS LOT.

DO WE KNOW WHAT IS GOING TO TAKE PLACE ON THE BACK PART? HE DIDN'T DISCLOSE THAT TO STAFF.

TO STAFF.

IS THAT SOMETHING I CAN BE NOSY ABOUT? MR. ATTORNEY, YOU, UM, COULD I QUESTION THE APPLICANT ABOUT WHAT HE'S PROPOSING FOR THE BACK PORTION OF THAT LOT OR ARE WE STRICTLY CONCERNED WITH THE FRONT PORTION SINCE THAT'S WHAT HE'S DIVULGED? I DON'T SEE WHY YOU COULDN'T ASK HIM.

BUT THE SPECIFIC USE PERMIT WOULD BE FOR THE LOT, THE ENTIRE LOT.

THAT IT DOESN'T NECESSARILY MEAN THAT THEY CAN ONLY USE THE FRONT PORTION FOR USED AUTO SALES.

YES, THEY COULD.

THE THE USE IS GONNA APPLY TO THE WHOLE LOT.

SO WE'RE GRANTING SPECIFIC USE PERMIT FOR THE ENTIRE LOT, BUT WE'RE NOT PRIVY TO WHAT'S GOING TO HAPPEN ON THE BACK PORTION OF THAT LOT.

CORRECT? YES MA'AM.

AT THIS POINT, YES MA'AM.

OKAY, THANK YOU.

I GOT A QUESTION.

YEAH, SO SINCE WE'RE NOT PRIVY TO THE BACK PORTION, BUT WE'RE GRANTING IT FOR THE WHOLE LOT.

YEAH.

AND THIS SPECIFIC USE PERMIT IS GOING TO BE SPECIFIC TO THIS, UH, REQUEST.

[00:20:02]

NO.

THE SUP IS FOR THE ENTIRE PROPERTY.

WE HAVE REGULATIONS THAT IDENTIFY THAT HE'S, IF HE'S GONNA DO ANY STORAGE OR LO OR STORING OF ANY VEHICLES, OF ANY IS SUPPOSED TO BE ON CONCRETE.

SO IN A SENSE HE IS NOT SUPPOSED TO USE THAT BACKYARD AREA.

AND DID YOU ALSO NEED TO BE SCREENED IF IT'S GOING TO DO ANY STORAGE AT THE BACK, THE SPECIAL SCREENING REQUIREMENTS THAT ARE REQUIRED FOR OPEN STORAGE, BUT COMMISSIONER BELL, IF I MAY, UM, WE DO HAVE TO REMEMBER THIS IS AN SUP.

ALL THAT'S DOING IS ADDING A USE TO THE LOT EVERY OTHER USE THAT'S PERMITTED IN C ONE, COMMERCIAL ONE.

IT'S STILL GONNA BE PERMITTED.

IT'S STILL PERMITTED EVEN IF THEY DECIDE NOT TO USE THE SUP.

UM, THE SUP IS JUST ADDING ANOTHER USE.

IF THE COMMISSIONERS BELIEVE THAT IT FOLLOWS THE CRITERIA SET OUT IN 35.2, UM, EVERY OTHER USE IS STILL PERMITTED.

IT WOULD BE ADDING THE USE OF USED CAR SALES.

IF THE SUP WAS TO GO FORWARD, UM, HE CAN EITHER USE IT FOR USED CAR SALES OR USE IT FOR ANYTHING ELSE, UM, THAT THE USE CHART HAS FOR C ONE.

THIS IS DIFFERENT IN THE PD.

IN THAT PD ADDS MANY REGULATIONS.

SUP JUST SAYS YOU CAN USE IT FOR THIS AS WELL AS EVERYTHING ELSE THAT YOU CAN ALSO USE IT FOR, FOR ANY WAY DURING BREAK.

UH, MR. BREW THAT WE CAN GET A COPY OF THAT.

I DON'T HAVE MY BOOK WITH ME.

OF ALL THE LISTING OF THOSE YES.

SUVS PLEASE.

AND DURING OUR BREAK WE'LL RUN BACK YES.

AND PRINT IT OUT.

NOW, YOU DID MENTION THAT IT WOULD HAVE TO BE CONCRETED IF HE DID SO CHOSE TO USE IT.

CORRECT.

THE CITY, THE CITY OF DESOTO, UM, REQUIRES THAT ANY, UH, LAND THAT YOU ARE GONNA PARK VEHICLES ON HAS TO BE CONCRETED AND SCREENED AND SCREENED.

AND SO FAR WE SEE NONE OF THAT IN HIS PROPOSED PLAN.

ON HERE HE SAYS A, A IRON FENCE THAT IS NOT SUFFICIENT ENOUGH TO PARK VEHICLES BACK THERE OR STORE THEM.

COMMISSIONER LEMME ALSO STATE, WE DID HAVE A DRC MEETING, A DEVELOPMENT REVIEW COMMITTEE WHERE WE EXPRESSED OUR CONCERNS THAT HE TRULY WOULD NOT USE HIS BACK PARKING LOT FOR STORAGE.

AND WE EXPRESSED IT AS THE STAFF'S DESIRE THAT IT WOULD BE CONCRETED BECAUSE WE FEEL THAT ONCE WE ALLOW THIS ZONING AND WE GO OFF AND DO OUR OTHER BUSINESS, BUT AGAIN, THIS IS HOW HE PRESENTED IT AND WE HAVE TO PRESENT IT TO YOU AS PRESENTED.

MS. BROOK, I I GUESS THAT BEGS ANOTHER QUESTION.

IF HE'S NOT USING THAT BACK PORTION FOR STORAGE, ARE WE GOING TO HAVE ISSUES WITH THE VEHICLE SPILLING OVER ONTO OUR CITY ROADWAYS, CITY STREETS INTO THE NEIGHBORHOOD? THAT'S ALMOST IMMEDIATELY ADJACENT TO IT.

UH, THERE'S ALSO A SCHOOL, UH, THAT'S ADJACENT TO IT AS WELL.

RIGHT.

I THINK THERE'S A CHARTER SCHOOL LIFE.

CHARTER SCHOOL IS ON THAT ROADWAY AS WELL.

SO I WAS VERY CONCERNED ABOUT THE BUFFERING BETWEEN THE USE IS DIRECTLY FROM RESIDENTIAL AND SCHOOL TO THIS COMMERCIAL AUTO.

BUT AGAIN, I GUESS THE QUESTION IS IF THERE IS NOT A REQUIREMENT FOR CONCRETE FOR STORAGE WHO'S ENFORCING THAT THOSE CARS CANNOT SPILL OVER ONTO THE CITY STREET, THEY COULD STILL GO ON STREET.

IT'S A PUBLIC STREET.

ANY VEHICLE COULD BE PARKED ON A STREET BY THE OWNER.

RIGHT? NOT BY A BUSINESS WHO'S USING THE PUBLIC RIGHT AWAY FOR STORAGE.

IT'S A, IT'S A PUBLIC STREET.

IF YOU WANTED TO DRIVE YOUR CAR UP THERE AND PARK IN FRONT OF HIS BUSINESS, IT'S A PUBLIC STREET.

THERE, THERE ARE ORDINANCES THAT SAYS SIMILAR TO YOUR NEIGHBORHOOD THAT, UH, THE VEHICLE HAS TO BE TAGGED.

IT HAS TO BE, UH, NOT ON FLAT TIRES, THOSE KIND OF THINGS.

IF IT'S AN OPERATING TAGGED LICENSED VEHICLE, IT IS AUTHORIZED TO BE PARKED ON A PUBLIC STREET.

HAVE NO IDEA WHAT THAT BUILDING IS GONNA BE USED FOR.

THANK YOU MR. .

YEAH, I WAS JUST, MY CONCERN IS, I WAS READING THE CASE IS THAT HE'S GONNA ONLY HAVE FIVE CARS PARKED TO SELL IN MOST SHOES.

CARS HAVE MORE CARS.

AND THAT'S, THAT'S MY BIGGEST CONCERN IS WHERE DO THE ADDITIONAL CARS OR IS THERE SERVICE, UM, DO THEY DETAIL THE CARS BEFORE THEY SELL 'EM OR IS THERE GONNA DO THAT? SO WE DON'T KNOW THAT'S ABOUT THE BUILDING.

[00:25:01]

THE APPLICANT EXPRESSED TO US THAT HE WILL BE SELLING ONLINE AND THEY WILL BE PARKED FOR PICKUP.

DEVELOPER HAS INSTALLED, UM, HIS INFRASTRUCTURE, HE WOULD THEN BRING THE FINAL PLAT BACK TO YOU WHEN PROPERTY HAS ALREADY BEEN PLATTED TO MAKE THOSE CHANGES.

THE OTHER THING THAT I WAS READING ON THE CONS, THE BUILDING WHERE THEY SUPPOSED TO LET US KNOW THE HEIGHT, EVEN THOUGH IT SAYS ONE STORY, IT COULD BE DIFFERENT HEIGHTS DEPENDING ON THE ELEVATION AND THE PITCH OF THE ROOF AND THINGS LIKE THAT.

BUT ALSO THE CONSTRUCTION MATERIAL.

ARE WE CONCERNED ABOUT THE, THE MATERIAL CONSTRUCTION? I DON'T BELIEVE WE CAN CHOOSE.

I I THOUGHT THE, UM, NO, YOU'RE TALKING ABOUT BUILDING TYPE.

I THOUGHT HE DID GIVE A BUILDING ELEVATIONAL SITE PLAN.

SO IT DOES, BUT IT DIDN'T TELL US THE HEIGHT OF THE BUILDING OR THE CONSTRUCTION.

IT, IT, IT DOES, IT DOES ON AND WE'RE LOOKING AT THIS DRAWING HERE.

MM-HMM.

ON THE ONE THAT SAYS LEFT VIEW, IT SHOWS A HEIGHT FROM THE GROUND TO THE TOP OF THE CEILING AS 14 FEET, 11 INCHES.

AND IF YOU'D LIKE, WE'LL WE'LL PRODUCE UH, 11 BY SEVENTEENS IF THE ONES YOU HAVE ARE HARD TO READ.

YEAH.

'CAUSE I DIDN'T CATCH IT WHEN I WAS LOOKING AT IT.

ALRIGHT, ARE THERE ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, HEARING AND SEEING NO OTHERS, WE HAVE, UH, ONE ITEM ON THE REGULAR AGENDA.

THAT ITEM ON THE REGULAR AGENDA IS CONSIDERED A REQUEST TO RELA ALL OF LOT ONE R AND BLOCK D OF THE AMENDED PLAT OF CLOVER HAVEN EDITION, A PORTION OF LOT 28 AND ALL LOTS 23 THROUGH 27 AND BLOCK D AND ALL OF LOTS FIVE AND SIX AND BLOCK E OF THE CLOVER HAVEN EDITION.

THE PROPERTIES ARE GENERALLY LOCATED, UH, NORTH OF EAST PARKVILLE ROAD, SOUTH OF EAST BELINE ROAD, EAST OF SOUTH POLK STREET, AND WEST OF IH 35 E.

THE PROPERTY OWNER IS AGAPE FELLOWSHIP CHRISTIAN CHURCH.

MAY WE HAVE OUR STAFF REPORT PLEASE? YES, SIR.

CHAIR AGAPE CHURCH IS THE OWNER OF NINE SEPARATE TRACKS OF LAND IN THIS AREA AND ALL NINE OF THESE PROPERTIES ARE PLANTED.

AND I LATER IN MY PRESENTATION, I ACTUALLY HAVE A COPY OF A A 1949 PLAT THAT WAS DONE FOR THIS AREA SO YOU CAN GET A BETTER INDICATION OF WHAT'S GOING ON.

BUT JUST UPFRONT, THE NINE PLATS, THEY ARE PLATTED AND ALL NINE OF THESE ARE ACTUALLY IN THAT SAME RED AREA THAT WE TALKED ABOUT A WHILE AGO.

AND THAT'S WHY I SAID I'LL HAVE A, UH, A LARGER VIEW OF THE, UH, ZONING ORDINANCE TO GIVE CLARIFICATION.

BUT THIS PROPERTY WHERE THE CHURCH IS RIGHT NOW IS ZONE C ONE COMMERCIAL SECTION 36.6 OF OUR ZONING ORDINANCES.

ESTABLISHING THE CHURCHES ARE PERMITTED BY WRIGHT IN EVERY ZONING DISTRICT IN THE CITY OF DESOTO.

AND THAT'S REALLY EVERYWHERE TOO.

THERE ARE EXCLUSIVE RIGHTS.

THE ADDITIONAL FACTOR HERE IS THAT, AND, AND I'LL SHOW YOU ON THE DRAWING.

TWO ROADS IN THIS ADDITION HAVE NEVER BEEN PAVED.

AGAIN, WE'RE TALKING ABOUT A PLAT THAT WAS APPROVED BACK IN 1949 WHEN THE CITY OF DESOTO WAS CONSIDERED THE TOWN OF DESOTO.

WHILE WE WOULDN'T HAVE DONE IT TODAY, YOU KNOW, WE WERE REQUIRED TO GO TO THE PRELIMINARY PLAT AND AFTER YOU DO THE PRELIMINARY PLAT, YOU HAVE GOT TO GIVE US CIVIL PLANS, YOU GOT TO START CONSTRUCTION.

THAT'S WHY WE HAVE A COUPLE OF AREAS HERE IN THE CITY NOW THAT WE HAVE PLOTTED LOTS AND NO INFRASTRUCTURE INSTALLED.

AND THAT WAS THE CASE HERE.

BUT THERE'S A 60 FOOT RIGHT OF WAY DEDICATION THAT THE CITY ACTUALLY GAVE TO, UH, THE CENTER IN ORDER TO ALLOW THEM TO HAVE ACCESS FROM TWO OF THEIR LOTS THAT ARE ON THE WEST SIDE OF THIS UNPAVED ROAD TO ALL OF THEIR LOTS ON THE RIGHT HAND SIDE.

AND MY DRAWING WILL HELP ILLUSTRATE THAT.

SO THAT WAS APPROVED BY THE CITY ON NOVEMBER THE FOURTH, 2021.

UH, AND IT EXHIBIT, UH, I'LL SHOW YOU, UH, GIVE YOU MORE INDICATION OF THAT BEING DONE.

ON AUGUST 27TH, PASTOR BELTON REPRESENTING THE CENTER DID SUBMIT AN APPLICATION REQUEST TO REPL THEIR NINE LOTS, GROUPING THEM.

SO IT CREATES THREE LARGER LOTS.

THE SUBMITTED REPL HAS BEEN REVIEWED BY STAFF AND MEET REQUIREMENTS OF THE CITY'S SUBDIVISION REGULATION AND ZONING ORDINANCE.

THE SUBMITTED REPLAY WAS PREPARED BY LICENSED LAND SURVEYOR AND THIS HAS BEEN PUT ON YOUR AGENDA NIGHT.

UH, RE PLATS AS WELL AS FINAL PLATS ARE ONLY CONSIDERED BY YOUR BOARD.

IT WOULD BE THE PRELIMINARY PLAT IF THIS WAS THAT, THAT YOU WOULD HAVE TO MAKE A RECOMMENDATION TO GO TO OUR CITY COUNCIL.

AND THE CITY COUNCIL WILL HAVE TO PROVE THAT PRELIMINARY PLAT.

AND AGAIN, AS I SAID, AFTER THAT, UH,

[00:30:01]

IT'S CALLED A REPLANT AND THAT'S WHY WE'RE HERE TODAY.

SO THIS IS, UH, SHEET ONE OF THAT, UH, CLOVER HAVEN EDITION.

AND JUST FOR REFERENCE, THIS IS 35 HERE, THIS IS PARKVILLE HERE.

AND AS YOU SEE, IT HAD ALL THESE INDIVIDUAL PLATTED LOTS.

FRANKLIN STREET IS A PAVED STREET AND THE AGAPE CHURCH CURRENTLY HAVE THEIR PROPERTY, THEIR EXISTING FACILITY AT THIS PROPERTY.

THE NEXT DRAWING WILL HELP YOU SEE A LITTLE MORE.

IT SHIFTS IT A LITTLE FURTHER TO THE WEST.

SO THIS IS THE WESTERN HALF OF THIS EDITION.

AS WE TALKED ABOUT, FRANKLIN IS PAVED WHEN THIS WAS DONE IN 49, WHERE THE AGAPE CHURCH NOW IS.

IT WAS ALL INDIVIDUAL LOTS THAT YOU SEE GO UP THERE, BUT AT SOME POINT THE AGAPE CHURCH TOOK THEIR FIRST FIVE VELOCITY THEY PURCHASED AND MADE IT INTO WHAT WE CALL NOW ONE R ON THIS MAP.

YOU'LL ALSO SEE THE RIGHT OF WAY THAT WAS DEDICATED TO CITY FOR THE PUBLIC ROAD CALLED PARKDALE.

BUT AGAIN, PARKDALE HAS NOT BEEN CONSTRUCTED FROM PARKVILLE.

IT IS CONSTRUCTED UP ON LONDON.

LONDON IS THE STREET THAT THIS LAST CASE THAT YOU WAS ACTING ON.

SO THAT PARTICULAR PROPERTY I, I THINK IS KIND OF RIGHT UP IN HERE WHERE THE, THE, THE USED CAR LOT IS GONNA GO, BUT IT'S PAVED ON LONDON AND PAVED FROM PARKDALE.

ACTUALLY IT EXTENDS DOWN HERE IN DEAD ENDS.

BUT ALL OF THIS IS UNDER UNDERDEVELOPED.

AND SO IN MY NEXT CASE, YOU'LL SEE IN MY NEXT SLIDE, YOU'LL SEE THESE TWO LOTS ON THE WEST SIDE OF PARKVILLE IS WHAT THE CENTER OWNS.

THEY OWN ALL OF THESE LOTS UP TO THIS POINT HERE, PLUS THESE LOTS OVER HERE.

SO THEY'RE TAKING THESE NINE LOTS, SEVEN ON THE EAST SIDE, TWO ON THE WEST SIDE AND THEN RECONFIGURING IT TO MAKE THREE SEPARATE PLATTED LOTS.

THIS ILLUSTRATION IS JUST EVEN MORE A CLEAR VIEW USING OUR CURRENT UH, DALLAS CENTRAL APPRAISAL DISTRICT MAP.

UH, REFERENCING THIS IS THE PAVE FRANKLIN HERE.

YOU SEE THIS LARGER LOT HERE IS WHERE THEY HAVE THE AGAPE UH, CENTER.

UH, AS I SAID EARLIER, YOU COULD TELL THAT THEY HAD TAKEN FIVE PLATTED LOTS BEFORE AND CREATED ONE LARGER LOT, BUT ALSO IMMEDIATELY ADJACENT TO THAT LOT THAT BORDERS THIS UNPAVED PARKDALE, THEY HAVE THESE LOTS HERE.

YOU CROSS OVER PARKDALE.

YOU HAVE THESE TWO LOTS HERE AND THIS AREA RIGHT IN HERE WHERE MY CURSOR IS, THAT'S WHERE THE CITY DEDICATED A 60 FOOT EASEMENT SO THAT THEY COULD HAVE ACCESS FROM THEIR PROPERTIES HERE ACROSS PARKDALE TO GET THOSE TWO THERE.

SURVEYOR HAS GIVEN US THIS IN RED JUST TO TRY TO HELP US VISUALLY SEE WHAT'S GOING ON.

AND IF YOU FOLLOW MY CURSOR RIGHT NOW, THE AGAPE, THE LARGER ONE R IS THIS AREA HERE.

THAT IS WHAT'S CURRENTLY PLATTED AND AS YOU SAW, ONE CENTER IS HERE.

THEN THEY HAD SOME MORE BUILDINGS BACK HERE.

THEY'RE GOING TO SPLIT THAT TO BE A SMALLER LOT.

BUT THEN WITH THESE FIVE LOTS HERE, PLUS THIS BACK PORTION OF THIS PLATTED LOT, THEY'RE GONNA CREATE THIS INTO ONE PLATTED LOT.

SO THAT'S NUMBER ONE.

NUMBER TWO, YOU CAN SEE KIND OF WHERE THIS LINE IS.

HE'S TRYING TO ILLUSTRATE WHAT'S IN THIS ONE AND THEN THE THIRD ONE'S GONNA COMBINE THESE TWO HERE.

COMBINING THEM ALLOWS THEM TO GET RID OF THE SHARED PROPERTY LINES.

YOU CANNOT BUILD OVER A PROPERTY LINE.

SO THIS GETS RID OF THOSE IN, IN ORDER FOR THEM TO BETTER UTILIZE THEIR PROPERTY.

THIS IS THE MAP THAT I WAS SAYING.

THIS ZONING MAP, THE RED AREA GOES FROM NORTH OF PARKVILLE SOUTH TO THE CITY'S SOUTHEAST CORNER LIMIT AT 35.

SO ALL OF THIS IS RED, THAT'S PARKVILLE THERE.

THE ONLY OTHER RED ZONE WHICH IS C ONE IN THIS CITY IS WHERE, UH, AT THE CORNER OF PARKVILLE AND HAMPTON, WHICH IS THE UM, WHAT'S, WHAT'S THE GROCERY STORE? WALMART.

GOOD WALMART AT THAT PLAZA THERE.

NOW STRANGELY

[00:35:01]

I CAN'T DEFINE IT, I'M JUST GIVING YOU THE INFORMATION.

THAT PINK AREA THERE, WHICH IS SURROUNDED BY LAND IS THE ONLY C TWO.

SO AS, AS I MENTIONED EARLIER FOR THE OTHER CASE, IT IS SPECIFIC USE PERMIT IN C ONE AND A USE BY RIGHT IN C TWO.

SO I WANTED TO SHOW YOU THIS, THAT THESE LET YOU KNOW THAT IS SOMETHING I THINK WE NEED TO LOOK AT AT SOME POINT, BUT THAT IS THE ONLY PINKISH ROSE COLOR DESIGNATION THAT I HAVE BEEN ABLE TO FIND ON THIS ENTIRE MAP.

SO I KNOW I'M KIND OF MIXING CASES, BUT I JUST WANT YOU TO HAVE THAT INFORMATION ALSO.

UH, THIS DISTRICT IS IN DISTRICT, UH, PLACE THREE COUNCILWOMAN NICOLE, RAFAEL AND STAFF RECOMMENDS THAT THE PLANNING IS ZONING COMMISSION APPROVE THE REPLANNING OF LOT ONE R AND BLOCK D IN THE AMENDED PLAT OF THE CLOVER HAVEN EDITION.

A PORTION OF LOT 28 AND ALL OF LOTS 23 THROUGH 27 IN BLOCK D AND ALL OF LOTS FIVE AND SIX IN BLOCK E IN THE CLOVER HAVEN EDITION.

WITH THAT RE PLAT TO BE ENTITLED LOT ONE R ONE AND ONE R TWO IN BLOCK D AND LOT FIVE R IN BLOCK E IN THE CLO BEHAVIOR EDITION I'LL ADDRESS ANY QUESTIONS OR CONCERNS YOU MAY HAVE COMMISSIONS.

ARE THERE ANY QUESTIONS FOR STAFF? MS. BROOKS? MR. BREWER, DO WE KNOW WHAT THE USE IS? DO WE KNOW WHAT THEY'RE BUILDING? DO WE, WELL, I GUESS MY QUESTION IS DO WE KNOW IF IT IS GOING TO INCREASE THE TRAFFIC AT THIS LOCATION? AND IF SO, ARE THEY GOING TO BE REQUIRED TO PARTICIPATE IN THE COST OF BUILDING OUT THIS ROADWAY THAT'S NON-EXISTENT RIGHT NOW? I DON'T THINK THAT'S EXISTENCE RIGHT NOW.

'CAUSE WE DON'T KNOW NOW WHAT THEY'VE KIND OF TOLD US, UM, INFORMALLY THAT, BUT WE CAN'T HOLD 'EM TO 'EM.

THEY WAS TALKING ABOUT BUILDING A A, IS IT A PISH? IS THAT WHAT THEY CALL FOR A MM-HMM.

PARSONAGE PORTION IS HERE, BUT TRULY WHETHER THEY DO THAT OR NOT, I CAN'T HOLD THAT TO THEM.

IT'S A PLATTED LOT THAT AS A CHURCH THEY HAVE THAT IT KIND OF EXEMPT EXEMPT STATUS ON THEIR USAGES.

IF, IF IT'S ASSOCIATED WITH THE CHURCH, THEY WILL BE ALLOWED TO CONSTRUCT IT.

THEY DON'T HAVE TO BUILD ANOTHER WORSHIP CENTER.

IF IT'S ASSOCIATED WITH THE CHURCH AND IT'S THEIR USE, THEY'RE ALLOWED.

BUT HOW ARE THEY ACCESSING THAT LOT? IF THIS ROADWAY DOES NOT EXIST RIGHT NOW? WHERE DO THEY THAT WAS PART OF THEIR ACCESS PART.

REMEMBER THAT EASEMENT EXISTS HERE.

OKAY, SO THE PROPOSAL IS, I GUESS IF THEY DEVELOP THIS AREA HERE, THEY'LL TRULY HAVE ACCESS FROM PARKVILLE IF THEY WANTED IT HERE OR THEY COULD HAVE ACCESS FROM FRANKLIN HERE IN ORDER TO GO ACROSS HERE TO THE EASEMENT.

THEY, THEY HAVE ATTAINED FROM THE CITY TO GET TO THIS TRACK OF LAND HERE.

ACTUALLY 6:40 PM AND WE'LL START OUR REGULAR SESSION AT 7:00 PM THANK YOU.

MR. IN THE EASEMENT, IS IT PAVED OR NONE? UNPAVED? IT'S ALL UNPAVED.

IT'S ALL UNPAVED FROM ALLWAY.

PARKVILLE.

THIS RIGHT OF WAY HAS NOT BEEN DEVELOPED.

NEITHER HAVE THE LOTS.

DO THEY USE THAT RIGHT OF WAY NOW TO GO ACROSS TO THE LOTS OR THEY JUST, I'LL HAVE TO ASSUME.

ALRIGHT COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF ON THIS CASE? ALRIGHT, HEARING AND SEEING NONE, UH, DO WE HAVE A VOLUNTEER TO LEAD US IN THE PLEDGE THIS EVENING? ALRIGHT, MR. DALE WILL LEAD US.

THANK YOU SIR.

UH, STAFF, ARE THERE ANY OTHER MATTERS WE NEED TO TAKE UP BEFORE WE CLOSE THE WORK SESSION? YES MA'AM.

THERE WILL BE A PROCLAMATION FOR THE UM, NATIONAL COMMUNITY PLANNING MONTH, WHICH IS IN OCTOBER.

SO THE CITY COUNCIL WILL BE DOING A PROCLAMATION ON UM, TUESDAY PROCLAIMING THE MONTH OF OCTOBER BEING NATIONAL COMMUNITY PLANNING MONTH.

YOU ARE WELCOME TO COME AND ATTEND AND RECEIVE THE PRO CREMATION.

ALRIGHT, THIS TUESDAY? YES, ON THE THIRD PLEASE NOTE THE CITY COUNCIL MEETING.

THIS, UM, TUESDAY WILL BE STARTING AT FIVE 30 BECAUSE IT'S ALSO NATIONAL NIGHT OUT IN MANY NEIGHBORHOODS HERE, SO THEY'RE TRYING TO GET OUT BEFORE 7:00 PM SO IT'S GONNA BE A VERY SHORT AGENDA.

ALRIGHT, THANK YOU VERY MUCH.

ALRIGHT, ANY OTHER MATTERS WE NEED TO ADDRESS BEFORE WE CLOSE THE WORK SESSION? ALRIGHT, HEARING IS SEEING NONE.

WE WILL CLOSE THE WORK SESSION AT 6 39 OR

[00:40:01]

GOOD EVENING LADIES

[B. PLEDGE OF ALLEGIANCE]

AND GENTLEMEN.

THE TIME IS NOW 7:00 PM ON TUESDAY, SEPTEMBER 26TH, 2023.

WE WILL START OFF THIS MEETING OF THE DESOTO PLANNING AND ZONING COMMISSION MEETING WITH THE PLEDGE OF ALLEGIANCE LED BY VICE CHAIR RNE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR ALLEG STANDS ONE NATION UNDER GOD, INVIS WITH LIBERTY AND JUSTICE FOR ALL.

ALL SEVEN MEMBERS OF THE COMMISSION ARE PRESENT.

WE HAVE ESTABLISHED A QUORUM.

THE FIRST ITEM ON TONIGHT'S AGENDA

[D. CONSENT AGENDA Any item may be withdrawn from the consent agenda and acted on separately. Approval of the Consent Agenda authorizes the approval of each item in accordance with Staff Recommendations.]

IS CONSIDER APPROVAL OF MINUTES FROM THE PLANNING AND ZONING REGULAR MEETING, UH, THAT WAS HELD BACK ON SEPTEMBER 12TH, 2023 COMMISSIONERS.

ARE THERE ANY ADDITIONS, DELETIONS, OR OTHERWISE AL AL, UH, ALTERATIONS THAT YOU'D LIKE TO MAKE TO THESE PARTICULAR MINUTES? ALL RIGHT, HEARING IS SEEING NONE.

THERE WAS ONE MATTER THAT I DISCUSSED WITH MS. JORDAN WILLIAMS. WE DISCUSSED IT DURING THE WORK SESSION IN TERMS OF JUST GIVING MORE CLARITY, I BELIEVE IT WAS TO SECTION, UH, A, UH, TWO C AND SO, UH, WITH THAT PARTICULAR, UH, UH, MODIFICATION, IS THERE A MOTION PERTAINING TO THE MINUTES? MS. BROOKS MOVE APPROVAL? MS. BROOKS HAS MOVED THAT WE APPROVE, UH, THE MINUTES AS AMENDED.

UH, IS THAT SECOND? SECOND? MR. AU HAS SECOND.

UH, ANY DISCUSSION HEARING NO DISCUSSION? ALL IN FAVOR? I SAY AYE.

AND RAISE YOUR RIGHT HAND.

AYE.

ALL OPPOSED SAY NAY.

RAISE YOUR RIGHT HAND.

THE AYES HAVE IT.

SEVEN ZERO.

WE DO HAVE

[1. Conduct a Public Hearing and consider making a recommendation to the City Council for an applicant's request to obtain a Specific Use Permit (SUP) in order to establish and operate a "Used Auto Sales" within a platted lot legally described as being Lot 24, Block C in the Clover Haven Addition (1209 Lyndon Ave.). The applicant is Jose C. Garcia and the property owners are Mayra Miranda and Jorge Luis Montoya Martinez. (Case No. Z-1504-23). ]

ONE PUBLIC HEARING ON THE AGENDA THAT WE'RE GONNA GET TO NOW, I WILL SAY THIS BEFORE WE READ OFF WHAT THE PUBLIC HEARING HE IS.

IF THERE'S ANYONE WHO'D LIKE TO PARTICIPATE AND SPEAK IN THE PUBLIC HEARING.

UH, TO MY LEFT, YOUR RIGHT IS MR. TRENT CARROLL.

UH, TRENT, IF YOU RAISE, RAISE, RAISE YOUR HAND.

STAFF DID NOT RECEIVE THE CORRECTED DOCUMENTS AFTER INITIAL STAFF CONSULTING AND THEN RESULTING IN A INCOMPLETE REVIEW.

UH, HE HAS A COMMENT CARD FOR YOU IF YOU'D LIKE TO FILL OUT A COMMON CARD AND BE HEARD DURING THE PUBLIC HEARING.

WITH THAT BEING SAID, UH, WE ARE GOING TO CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR AN APPLICANT'S REQUEST TO OBTAIN A SPECIFIC USE PERMIT.

SUP IN ORDER TO ESTABLISH AND OPERATE A USED AUTO SALES OR WITHIN A PLATTED LOT LEGALLY DESCRIBES AS BEING LOT 24 BLOCK C IN THE CLOVER HAVEN EDITION, UH, 1209 LONDON AVENUE.

UH, THE APPLICANT IS JOSE C. GARCIA AND THE PROPERTY OWNER IS MIRA MIRANDA AND JORGE LUIS MONTOYA MARTINEZ.

AND THIS IS CASE NUMBER Z DASH 1 5 0 4 DASH 23.

MAY WE HAVE OUR STAFF REPORT, PLEASE? GOOD EVENING.

GOOD EVENING.

EVENING.

THIS CASE IS A SUP REQUEST FOR A USED CAR SALES.

THE PROPERTY IS LOCATED ON THE NORTH SIDE OF LINDEN AVENUE, 225 FEET EAST OF FRANKLIN AVENUE.

IT IS ADDRESSED 12,009 LINDEN AVENUE.

TO THE LEFT, YOU'LL SEE AN AERIAL VIEW OF THE LOCATION IN QUESTION AND TO THE RIGHT WE HAVE OUR VICINITY MAP THAT IS SENT OUT TO A RESIDENCE WITHIN 200 400 FEET OF THE PROPERTY.

CURRENT ZONING AND ADJACENT PROPERTIES, THIS PROPERTY IS, UH, VACANT PROPERTIES TO THE NORTH, SOUTH, EAST, AND WEST ARE ALSO VACANT IN ALL, ALL CURRENTLY COMMERCIAL ONE.

THE FUTURE LAND USE PLAN IDENTIFIES THIS SITE AS COMMERCIAL.

THE PROPOSED USE OF USE AUTO SALES IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF 2015 COMPREHENSIVE PLAN.

THE SUBJECT PROPERTY IS ACCESSED FROM LYDON AVENUE.

LYDON AVENUE IS A LOCAL ROAD AND IS NOT SHOWN ON A 2015 MASTER THOROUGHFARE PLAN.

THE APPLICANT IS PROPOSING TO USE AUTO SALES ON A PROPERTY THAT IS CURRENTLY ZONED.

C ONE SECTION 36.8 OF THE USED CHART ZONING ORDINANCE REQUIRES A SUP FOR NEW AND USED AUTO SALES.

THIS REQUEST IS NORMALLY ASSOCIATED WITH AUTOMOBILE AUTOMOBILES AND RELATED USE IN A C ONE AND C TWO ZONING DISTRICT.

ALTHOUGH THE APPLICANT'S REQUEST FOR USE AUTO SALE MEETS SECTION 35.2 REQUIREMENTS, THE PLANNING IS ON OF THE PLANNING IS ZONING AND CITY COUNCIL MUST CONSIDER WHEN APPROVING SUP REQUESTS THE APPLICANT FAILED TO FOLLOW THE PROPER PROCEDURES AND REVIEWING PROCESS.

[00:45:02]

AT THIS TIME, STAFF DOES NOT SUPPORT THE APPLICANT'S REQUEST FOR THE USED CAR SALES AS SUBMITTED.

THIS IS, UM, A PICTURE OF THE SUBMITTED SITE PLAN AT THE TIME OF SUBMITTAL.

UH, THIS SITE PLAN WAS MISSING IMPORTANT INFORMATION TO AID IN THE REVIEW SUCH AS THE TITLE BLOCK, WHICH DISPLAYS, UH, SUBDIVISION NAME ACREAGE, LOT NUMBERS, BLOCK NUMBERS, AND OTHER IMPORTANT INFORMATION TO IDENTIFY THE PARCEL IN THE THE PROFESSIONALS RESPONSIBLE FOR THE APPLICATION.

THIS IS A PICTURE OF THE LANDSCAPE PLAN THAT WHICH WAS ALSO MISSING IMPORTANT INFORMATION.

THE TITLE BLOCK WAS NOT, UM, PRESENT AND ALSO THERE WERE MISSING, UM, MISSING STAFF FOR THE LANDSCAPE ARCHITECT REGISTERED WITH THE STATE OF TEXAS APPROVED LANDSCAPING SCREENING.

WELL, LIVING RENT SCREENING WAS NOT, UH, AVAILABLE ON THE LANDSCAPE PLAN.

ALSO ON SUNDAY, SEPTEMBER EIGHT, A NOTICE FOR THE PUBLIC HEARING WAS PUBLISHED IN THE FOCUS DAILY NEWS STAFF ALSO MAILED OUT 36 NOTIFICATIONS OF PUBLIC HEARING TO PROPERTIES WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.

AT THE TIME OF WRITING THIS REPORT, TWO LETTERS WERE RECEIVED IN OPPOSITION TO THE REQUEST.

AFTER POSTING THE REPORT, STAFF REACHED OUT AGAIN TO THE OWNERS AND TO NOTIFY THEM OF STAFF RECOMMENDATION.

THE OWNER EXPRESSED THEIR DESIRE TO TABLE THEIR MEETING SO THAT STAFF CAN SPEAK WITH THEIR ENGINEERING HOPES OF RECEIVING THE PROPER PAPERWORK SO THAT THE REQUEST CAN BE REVIEWED.

UM, FOUR C ONE, UM, I'M PULLING UP THE LIST AGAIN.

ALRIGHT, THANK YOU MS. JORDAN WILLIAMS. COMMISSIONERS, ARE THERE ANY QUESTIONS FOR STAFF? MS. BROOKS? I WOULD JUST LIKE TO ASK OUR ATTORNEY A QUESTION.

CAN YOU GIVE US AN OFFICIAL DEFINITION FOR A SPECIFIC USE PERMIT SO WE'RE ALL COMMENTING FROM THE SAME, FROM THE ACTUAL DEFINITION OF WHAT OUR ROLE IS IN THIS CASE.

DEFINITION AS HOW DO YOU MEAN DEFINITION? SO WHAT A SPECIFIC USE PERMIT IS, YOU KNOW, THE CITY HAS A LIST OF USES PERMITTED IN EACH ZONING DISTRICT.

THE CHART OF USES, THAT CHART OF USES, UM, GOES THROUGH EVERY SINGLE, UM, ZONING CLASSIFICATION, SO RESIDENTIAL ALL THE WAY TO INDUSTRIAL.

UM, AND, AND LIST USES THAT CHART LIST ITEMS THAT ARE PERMITTED BY RIGHT.

IT ALSO LISTS, UM, ITEMS THAT ARE PERMITTED VIA SPECIFIC USE PERMIT.

UM, I BELIEVE IT MAY, LET ME LOOK, DO AS WELL.

ITEMS THAT ARE OBVIOUSLY IF THEY'RE NOT SPOKEN TO, THEY'RE FORBIDDEN.

UM, AND THEN USES THAT MAY BE PERMITTED IN A PLANNED DEVELOPMENT.

UM, ALL THE SUP IS IS SAYING YES, THERE'S ALL THESE USES PERMITTED IN AS EXAMPLE HERE, THE C ONE DISTRICT.

UM, THAT IS THINGS LIKE RELATED TO THIS.

WELL, THERE'S, THERE'S SO MANY.

UM, THE WAY THE CITY HAS IT, IT'S HARD TO LOOK AT ALL OF 'EM ALL AT ONCE.

SO YOU HAVE ALL THE PERMITTED USES THAT THEY DON'T NEED ANYONE'S APPROVAL, UM, TO BUILD ON AND USE THE PROPERTY FOR THAT USE.

IE YOU KNOW, PRIME, LIKE IF YOU'RE LOOKING AT RESIDENTIAL, RESIDENTIAL STRUCTURE, OBVIOUSLY THAT'S A PERMITTED USE IN EVERY SINGLE RESIDENTIAL ZONE.

UH, GENERAL RETAIL SUCH AS GROCERY STORE, THAT WOULD CLEARLY BE, YOU KNOW, SOMETHING THAT'S PERMITTED BY RIGHT IN LIKE THE GENERAL RETAIL ZONE.

UM, THEN IT LIST ITEMS THAT HAVE TO COME THROUGH AS AN SUP, LIKE THIS ONE.

UM, USED AUTO SALES, UM, NEEDS AN SUP JUST SAYING YES, YOU CAN USE THE LOT, UM, IN ACCORDANCE WITH C ONE.

ALL THE USES THAT ARE ALLOWED IN C ONE AND WE'RE ADDING ON TOP, YOU CAN ALSO USE IT FOR USED CAR SALES.

UM, THE ZONING OR, OR THE USE ORDINANCE ALSO LIST THINGS LIKE, SO THIS WAS SOMETHING AS WELL I DISCUSSED WITH STAFF.

[00:50:02]

AND ITEMS RELATED TO AUTO SALES.

THERE'S AUTO ACCESSORY INSTALLATION.

THAT'S SOMETHING THAT'S JUST PERMITTED BY, RIGHT? UM, AUTO CAR WASH NC ONE, THAT'S SOMETHING YOU GET A SPECIFIC USE PERMIT FOR.

WE DID ONE NOT TOO LONG AGO AS WELL WITHIN THE PAST FOUR MONTHS.

UM, DEALING WITH, UH, A CAR WASH.

I CAN'T REMEMBER IF IT WAS C ONE OR NOT.

IT MAY HAVE.

I I CAN'T RECALL.

UM, THEN FOR AUTO SALES THERE'S, THE CITY HAS AT LEAST THREE CLASSIFICATIONS FOR DIFFERENT TYPE OF AUTO SALES.

ONE'S AUTO SALES FOR NEW AND USED CARS.

INDOOR, THAT ONE NEEDS A SPECIFIC USE PERMIT IN BOTH C ONE AND C TWO.

YOU HAVE ALSO A CLASSIFICATION FOR NEW AND USED AUTO SALES.

THAT ONE IS C ONE REQUIRES AN SUPC TWO IS PERMITTED BY WRIGHT.

SO THAT WOULD BE LIKE YOUR GENERIC FORD OR CHEVY DEALERSHIP.

THAT'S WHAT THAT CLASSIFICATION IS.

AND THEN WHAT WE'RE HERE FOR TODAY IS USED AUTO SALES.

SO THAT WOULD BE LIKE CALEB'S USED CARS IF I WAS TO OPEN A BUSINESS THAT NEEDS A SPECIFIC, A SPECIFIC USE PERMIT IN BOTH C ONE AND C TWO.

AND IT'S ONLY PERMITTED IF YOU LOOK AT THE USE CHART IN C ONE AND C TWO AND YOU NEED A SPECIFIC USE PERMIT TO DO THAT.

YOU'RE ESSENTIALLY JUST ADDING A, YOU'RE PERMITTING ANOTHER USE, UM, ON TOP OF WHAT'S ALREADY PERMITTED IN THAT ZONE.

THAT WAS A VERY DRAWN OUT EXPLANATION.

I NO, FEEL FREE TO ASK FOLLOW-UP QUESTIONS.

YEAH, IT, IT WAS A GOOD EXPLANATION.

I JUST WANNA MAKE SURE I'M UNDERSTANDING.

SO AS I PARAPHRASE YOU CAN CORRECT ME OR YEAH, IT'S, IT'S, IT'S VERY DIFFERENT THAN A PD BECAUSE A PDS KIND OF READ, IT'S A PD IS ESSENTIALLY ITS OWN ZONING CLASSIFICATION.

YOU'RE MAKING ESSENTIALLY MINI ZONING ON WHATEVER PORTION WE'RE TALKING ABOUT.

USUALLY THAT HAS A BASE ZONING, SO LIKE COMMERCIAL ONE WITH ALL THESE DEVIATIONS THAT'S, IT'S ESSENTIALLY MAKING A SEPARATE BRAND NEW ZONING CLASSIFICATION JUST AS A C ONE, AS A ZONING CLASSIFICATION.

PD XYZ IS ALSO A ZONING CLASSIFICATION BASED OFF USUALLY WHAT THE CITY ALREADY HAS FOR, YOU KNOW, COMMERCIAL, RESIDENTIAL, UH, MULTIFAMILY, UM, MULTI-USE.

UM, WHEREAS, UM, AN SUP IS JUST ADDING A USE ON TOP OF AN ALREADY EXISTING ZONING CLASSIFICATION.

YOU'RE NOT, YOU'RE NOT TECHNICALLY YOU REZONING THAT PARCEL.

YOU'RE JUST SAYING YES, YOU CAN USE IT FOR ALL THOSE THINGS ALREADY PERMITTED BY RIGHT.

AS WELL AS THIS, WHICH IS IN THIS CASE USED AUTO SALES.

I JUST, I KNOW MR. BREWER WANTED TO ADD TO THE CONVERSATION.

SUCH AS BUILDING FLOOR PLANS, OPERATING DATA AND EXPERT EVALUATION OR TESTIMONY CONCERNING THE LOCATION, FUNCTION AND CHARACTERISTICS OF ANY BUILDING OR USE PROPOSED IN RECOMMENDING THAT A PACIFIC USE PERMIT ON THE PREMISES UNDER CONSIDERATION BE GRANTED.

COMMISSIONER BOOKS.

I WANTED TO READ SPECIFICALLY WHAT OUR ZONING ORDINANCE ESTABLISHES FOR PACIFIC USE PERMITS.

SECTION 35 READS 35.1 PACIFIC USAGES.

THE PURPOSE OF THIS DISTRICT IS TO ALLOW CERTAIN USAGES AND DISTRICTS THAT UNDER MOST CIRCUMSTANCES WOULD NOT BE COMPATIBLE WITH OTHER PERMITTED USAGES, BUT WITH CERTAIN CONDITIONS AND DEVELOPMENT RESTRICTIONS MAY BE COMPATIBLE.

THE CITY COUNCIL BY AN IN AFFIRMATIVE VOTE MAY AFTER PUBLIC HEARING AND PROPER NOTICE TO ALL PROPERTIES EFFECTIVE AND AFTER RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION THAT THE USAGES ARE IN GENERAL CONFORMANCE WITH THE COMPREHENSIVE PLAN AND THE GENERAL OBJECTIVES OF THE CITY AND CONTAINING SUCH REQUIREMENTS AND SAFEGUARDS AS ARE NECESSARY TO PROTECT ADJOURNING PROPERTY.

AUTHORIZED CERTAIN USAGES BY A PACIFIC USE PERMIT APPLICATION SHALL BE ACCOMPANIED BY A SITE PLAN C-SECTION 42 DRAWN TO SCALE AND SHOWING THE GENERAL ARRANGEMENT OF THE PROPERTY TOGETHER WITH ESSENTIAL REQUIREMENTS SUCH AS OFF STREET PARKING, FACILITIES, SIZE, HEIGHT, CONSTRUCTION MATERIALS AND LOCATIONS OF BUILDINGS AND THE USAGES TO BE PERMITTED.

LOCATION AND CONSTRUCTION OF SIGNS MEANS OF ANY INGRESS AND EGRESS TO PUBLIC STREETS.

THE TYPE OF VISUAL SCREENINGS SUCH AS WALLS, PLANNING AND FENCES, AND THE RELATIONSHIP OF THE ATTENDED USE TO ALL EXISTING PROPERTIES AND LAND USAGES IN ALL DIRECTIONS.

IN A MINIMUM DISTANCE OF 200 FEET, THE CITY SHALL MAKE AVAILABLE APPLICATION FORMS SPECIFYING DRAWING REQUIREMENTS.

THE PLANNING IS ZONING MANAGER, THE PLANNING IS ZONING COMMISSION OR THE CITY COUNCIL MAY REQUIRE ADDITIONAL INFORMATION OR DRAWINGS

[00:55:01]

THE CITY MAY DETERMINE THAT SUCH USAGES ARE HARMONIOUS AND ADAPTABLE TO BUILDING STRUCTURES AND USAGES OF ABUTTING PROPERTY AND OTHER PROPERTY IN THE VICINITY OF THE PREMISES UNDER CONSIDERATION AND SHALL MAKE RECOMMENDATIONS AS TO REQUIREMENTS FOR THE PAVING OF STREETS, ALLEYS AND SIDEWALKS MEANS OF INGRESS AND EGRESS TO PUBLIC STREETS.

PROVISIONS FOR DRAINAGE, ADEQUATE OFF STREET PARKING, SCREENING AND OPEN SPACE HEIGHTS OF STRUCTURE AND COMPATIBILITY OF BUILDINGS IN APPROVING A REQUESTED SUP, THE PLANNING AND ZONING AND CITY COUNCIL MAY CONSIDER THE FOLLOWING.

NUMBER ONE, THE USE IS HARMONIOUS AND COMPATIBLE WITH SURROUNDING EXISTING USAGES OR PROPOSED USAGES.

NUMBER TWO, THE ACTIVITIES REQUESTED BY THE APPLICANT ARE NORMALLY ASSOCIATED WITH THE PERMITTED USE IN THE BASE DISTRICT.

NUMBER THREE, THE NATURE OF THE USE IS REASONABLE.

NUMBER FOUR, ANY NEGATIVE IMPACT ON THE SURROUNDING AREA HAS BEEN MITIGATED.

AND NUMBER FIVE, THAT ANY ADDITIONAL CONDITIONS SPECIFIED IN SPECIFIED ENSURE THAT THE INTENT OF THE DISTRICT PURPOSES ARE BEING UPDATED IN GRANTING A PACIFIC USE PERMIT, THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL MAY IMPOSE CONDITIONS WHICH SHALL BE COMPLIED WITH BY THE OWNER OR GUARANTEED BEFORE CERTIFICATE OCCUPANCY MAY BE ISSUED BY THE BUILDING OFFICIAL FOR THE USE OF THE BUILDING ON SUCH PROPERTY PURSUANT TO SUCH SPECIFIC USE PERMIT AND SUCH CONDITIONS PRECEDENT TO THE GRANTING OF THE CERTIFICATE OF OCCUPANCY, ANY SPECIAL CONDITIONS SET FORTH, SET FORTH IN WRITING BY THE CITY COUNCIL PRIOR TO THE ISSUES OF THE CERTIFICATE OF OCCUPANCY.

I WON'T READ THE REST, BUT I'LL ALSO NEED TO READ THE APPLICANT'S LETTER OF INTENT WHERE IT GAVE US THE USE AND WHY WE USE USE AUTOMOBILES LETTER OF INTENT TO THE CITY OF DESOTO.

HELLO, THIS IS JOSE C GAZA AND I'M REPRESENTING IN THIS MATTER OF SUP TO MS. HO MONTOYA AND MS. MARIAH MIRANDA AND ALLOWED AND, AND ALLOWED BY THEM TO SUBMITTING THIS LETTER OF INTENT.

THIS IS THE PACIFIC ACTION OF SELLING USED AUTOMOBILES AND WITH THE MAIN STRATEGY OF TARGETING CUSTOMERS ONLINE, THIS SMALL BUSINESS OF MR. MONTOYA AND MS. MIRANDA VISION WILL BE SUBJECT TO ANY CITY CODE BY THE CITY OF DESOTO.

ALRIGHT, THANK YOU MS. BURR FOR THAT.

MS. BROOKS, DID YOU HAVE ANY OTHER QUESTIONS? NO, THAT WAS OKAY.

ALRIGHT, MR. RAVEN? YES.

THANK YOU MS. WILLIAMS FOR YOUR PRESENTATION.

UH, I JUST WANTED TO GET A LITTLE UNDERSTANDING WHAT BRINGS US HERE TONIGHT.

UH, THEM WANTING NOT TO MOVE FORWARD.

UM, HOW OFTEN DID YOU ALL TRY TO CONTACT THEM? UM, SEPTEMBER 11TH, UM, THE APPLICANT RECEIVED THE INITIAL COMMENTS.

UM, THE ENGINEER ACTUALLY TRIED TO GET THOSE COMMENTS FROM ME EARLIER, BUT I TOLD THEM ACCORDING TO OUR SCHEDULE, UM, SUBMITTAL SCHEDULE, IT HAS THE DATES FOR THE FIRST COMMENTS ON IT, WHICH WAS SEPTEMBER 11TH, I SENT HIM THE INITIAL COMMENTS.

I ALSO, UM, ON THE 15TH WHEN I DIDN'T RECEIVE THE COMMENT, I MEAN THE CORRECTIONS FROM THE COMMENTS, I SENT HIM A REMINDER OF THE UN RECEIVE COMMENTS AND, UM, ASKED HIM TO SEND THEM TO ME.

BY THE END OF THE DAY, I STILL DIDN'T RECEIVE THEM.

SO ON THE 25TH, I CALLED THE OWNER, UM, SPOKE WITH MS. MIRANDA AND, UM, ASKED HER TO HAVE HIM TO CALL ME BECAUSE I'VE BEEN TRYING TO REACH HIM.

AND HE CALLED AND WE SPOKE.

UM, AND I THINK, WELL, I THINK, I BELIEVE HE DIDN'T UNDERSTAND, UM, WHAT HE NEEDED TO DO.

I GAVE HIM A LIST OF EVERYTHING THAT NEEDED TO BE PRESENT ON THE SITE PLAN, LANDSCAPING, ELEVATION PLANS.

UM, BUT I DIDN'T RECEIVE ANY OF THEM.

UM, SO I GAVE HIM THE RESUBMITTED, THE LIST OF FIRST COMMENTS FROM STAFF AND I SENT HIM EXAMPLES OF WHAT NEEDED TO BE PRESENTED TO STAFF.

UM, I DID RECEIVE SOME PLANS BACK THIS MORNING, BUT I HAVEN'T HAD A CHANCE TO REVIEW THEM, BUT HE ASKED ON THE PHONE CALL, CAN HE, UM, TABLE UNTIL THE NEXT MEETING.

SO IT'S, THE BREAKDOWN WAS WITH THE ENGINEER, NOT THE OWNERS? NOT THE OWNERS, NO.

THE OTHER THING IS THE ENGINEER, ENGINEER GOING TO BE HERE TONIGHT OR THE OWNERS? UM, HE, HE SAID HE WOULD, BUT I ONLY, UM, THE ONLY

[01:00:01]

THE OWNERS ARE PRESENT.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF ON THIS PARTICULAR CASE? I JUST HAVE, I HAVE A QUICK QUESTION FOR STAFF BECAUSE THE MAP VIEW OF WHAT WE SEE IS VERY LIMITED.

UM, IF WE'RE BEING ASKED TO, WOULD AN SUP DEVIATE FROM THE USES THAT ARE PRESCRIBED IN ZONING BUT IT'S COMPATIBLE TO THE ADJACENT AS MR. BREWER AND CALEB MENTIONED, IN YOUR OPINION AND YOUR EXPERTISE, IS THIS USE COMPATIBLE WITH EVERYTHING ELSE THAT'S IN THAT SURROUNDING AREA? WHAT I WROTE IN MY STAFF REPORT, IT, IT IS, IT IS COMPATIBLE TO THE OTHER BUSINESSES IN THE AREA.

AND HOW MANY, WHAT'S THE DISTANCE OF THE BUFFER YOU'RE USING TO DETERMINE COMPATIBILITY? IS IT 200 FEET MORE OR LESS? UM, THE 200 FEET BUFFER? YES MA'AM.

BECAUSE THE ADJACENT, UH, PROPERTIES ARE ALL VACANT, BUT THE NEAREST, UH, BUSINESS TO THE PROPERTY, UH, THE IN QUESTION IT COINCIDES WITH IF WE EXPANDED THAT BUFFER.

I KNOW IN MANY CASES WHEN WE'RE DOING NOTIFICATION, WE EXPAND THE BUFFER TO ABOUT 400 FEET.

IF WE EXPANDED THAT BUFFER TO 400 FEET, WOULD THIS USE BE COMPATIBLE TO THE ADJACENT USES? YES, MA'AM.

MS. ? UH, MS. WILLIAMS, THE TWO LETTERS AND OPPOSITIONS, THOSE WERE FOR PEOPLE IN SINGLE FAMILY RESIDENCES, CORRECT? CORRECT.

AND SO THE SINGLE FAMILY RESIDENCES ARE WITHIN 200 FEET OF THIS PROPOSED? UH, YES SIR.

SUP.

OKAY, THANK YOU.

YES, SIR.

IN ORDER TO RESPOND, THEY, THEY WOULD HAVE TO HAVE RECEIVED THAT THROUGH MAIL.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, HEARING IS SEEING NONE.

I'M SORRY.

I THOUGHT WE WERE GETTING THE MAP TO SHOW WHAT OPPOSITIONS WERE SHE SHOULD SHE MS. JOY WAS.

YEAH.

COULD YOU PUT THE UP THE OPPOSITION MAP ONE MORE TIME? THOSE YELLOW, THOSE YELLOW SPOTS ARE THE FOLKS IN OPPOSITION? YES, MA'AM.

THE, THE PROPERTIES HIGHLIGHTED IN YELLOW ARE THE, UM, PROPERTY OWNERS WHO ARE AGAINST THIS DEVELOPMENT.

I'VE GOT A QUESTION, MS. BILLGO HERE, JUST FOR CLARITY.

THESE DON'T NECESSARILY HAVE TO BE SINGLE FAMILY HOMES ON THESE PROPERTY OWNERS LAND.

THEY JUST OWN THE PROPERTY ADJACENT AND THEY HAVE A RIGHT TO SAY WHETHER OR NOT THEY OPPOSE OR CORRECT.

AND IF YOU NOTICE, BOTH UM, PROPERTIES ARE IN THE 200 FEET.

ALRIGHT, ANY OTHER QUESTIONS? MR. RAVENEL? GO AHEAD.

COMMENT.

WHEN I WAS READING THE COMMENT FROM THE PEOPLE THAT WERE IN OPPOSITION, AND, AND CORRECT ME IF I'M WRONG, IT APPEARED THAT THEY LIVED, THEIR HOMES WERE THERE AND THEY WERE GETTING DUMPINGS FROM TIRES AND VARIOUS THINGS AROUND THEIR PROPERTY.

IS THAT CORRECT? I JUST WANNA MAKE SURE.

YES, SIR.

THAT WAS, WAS STATED ON THE, UH, THE REPLY LETTER.

IF THERE ARE NO FURTHER QUESTIONS, UH, TO BE ASKED ON THAT PARTICULAR ISSUE, IS THERE A MOTION TO TABLE THIS MEETING? UH, AND IF THERE IS A MOTION TO TABLE THIS MEETING.

ALRIGHT, THANK YOU.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, HEARING AND SEEING NONE, UH, WE WILL TAKE THE OPPORTUNITY AT THIS TIME, UH, TO OPEN THE PUBLIC HEARING AT 7:23 PM AT THIS PARTICULAR POINT IN TIME, ANY INTERESTED PARTY, UH, WILL HAVE THE OPPORTUNITY TO COME FORTH AND SPEAK EITHER IN FAVOR OR IN OPPOSITION OF CASE NUMBER Z DASH 15 0 4 DASH 23.

UH, I KNOW WE HAVE THE OWNERS, UH, IN ATTENDANCE IF YOU WISH TO COME FORWARD AND SPEAK ON BEHALF OF THIS PARTICULAR ITEM.

UH, YOU MAY DO SO, YOU'RE NOT REQUIRED TO DO SO, BUT YOU MAY DO SO AT THIS TIME.

SO IS THERE ANYONE WHO WISH TO COME FORWARD AND BE HEARD ON Z DASH 1 5 0 4 DASH 23? UH, IF YOU DO COME FORWARD AND YOU ARE INTERESTED PARTY OTHER THAN THE OWNER AND APPLICANT, YOU WILL BE GIVEN THREE MINUTES.

IS THERE ANY INTERESTED PARTY WHO WOULD LIKE TO BE HEARD AT THIS TIME? I ASK ONE MORE TIME.

IS THERE ANY INTERESTED PARTY WHO'D LIKE TO BE HEARD ON CASE NUMBER Z DASH 15 0 4 DASH 23, EITHER IN FAVOR OR OPPOSITION OF THIS PARTICULAR AGENDA ITEM? ALRIGHT, HEARING AND SEEING NONE.

I KNOW THERE WAS A REQUEST, UH, TO TABLE, UH, MR. BIRD, DID YOU HAVE ANYTHING, SIR? UH, THERE WAS A REQUEST, UH, TO TABLE, UH, THIS PARTICULAR AGENDA ON MY ITEM BEFORE WE CLOSE, UH, THE PUBLIC HEARING, UH, BECAUSE OF SEVERAL ITEMS OF INFORMATION THAT STAFF STILL NEEDED.

UH, COMMISSIONERS,

[01:05:01]

UH, MR. BREWER, DO YOU HAVE A DATE CERTAIN IN TERMS IN TERMS OF WHEN WE WOULD HEAR THIS AGAIN? YES, SIR.

YOUR NEXT MEETING DATE IS OCTOBER THE 10TH.

OCTOBER THE 10TH.

UH, SO IS THERE A MOTION TO TABLE, UH, ZONING CASE Z DASH 15 0 4? UH, 23 TO A DATE CERTAIN, WHICH WILL BE OCTOBER 10TH, 2023.

IS THERE A MOTION? YES, MR. CHAIR, I WOULD LIKE TO MAKE A MOTION TO TABLE THIS MATTER UNTIL THE OCTOBER THE 10TH MEETING.

THANK YOU MR. CHAIR.

MR. MR. CHAIR HAS MADE THE MOTION.

IS THERE A SECOND? YES, SIR.

I'LL SECOND MR. CHAIR AND HAS BEEN SECONDED BY CHAIRMAN, UM, MS. CAESAR.

A YES.

MR. SMITH? YES.

IF THE COMMISSION WISHES TO TABLE THIS AND LEAVE THE PUBLIC HEARING OPEN, THE MOTION WOULD NEED TO BE TO, UM, TABLE THE MATTER.

TO CONTINUE THE MOTION WOULD NEED TO BE TO CONTINUE THE PUBLIC HEARING AND TO DATE CERTAIN, WHICH I BELIEVE THEY SAID OCTOBER 10TH.

THAT WOULD, IF THAT'S HOW THE COMMISSION IS WANTING TO DO IT, LEAVING THE PUBLIC HEARING OPEN, THAT'S WHAT THE MOTION WOULD NEED TO BE.

UM, NOW THAT THE MOTION HAS BEEN MADE AND SECONDED, UM, I WOULD ADVISE THAT IF THAT'S WHAT THE COMMISSION WANTS TO DO, THERE WOULD BE A MOTION TO RECONSIDER OR THE MOTION WOULD FAIL AND A NEW MOTION MADE.

OKAY, SO WE, I'M, I'M ASKING, I HEARD WHAT YOU SAID.

CAN MR. MR. SHE SE UH, AMEND HER MOTION WITH A SECOND? OKAY.

SO, MR. CH, MR. CHILL, YOU HEARD WHAT, WHAT? OUR ASSISTANT CITY ATTORNEY, UH, JUST, UM, STATED.

SO WE NEED A MOTION, UH, IF YOU CARE TO, WISH YOU WISH TO MAKE THAT MOTION, UH, TO TABLE THIS, UH, AND TO CONTINUE THIS PUBLIC HEARING TO A DATE CERTAIN, WHICH WILL BE OCTOBER 10TH.

UH, MR. CHAIR, I WOULD LIKE TO AMEND MY MOTION TO REFLECT THAT WE WOULD, UH, LEAVE THE PUBLIC HEARING ON THIS MATTER OPEN AND CONTINUE IT TO OUR OCTOBER THE 10TH PLANNING AND ZONING MEETING.

IT HAS NOW BEEN AMENDED.

MS. CAESAR, WILL YOU SECOND THAT MOTION? YES, SIR.

MR. CHAIR, I'LL SECOND.

ON THE AGENDA WILL BE, UH, CONSIDER A REQUEST TO REPL ALL OF LOT I AND BLOCK D OF THE AMENDED PLAT OF CLOVER HAVEN EDITION, A PORTION OF LOT 28 AND ALL OF LOT 23 THROUGH 27 AND BLOCK D AND ALL OF LOTS FIVE AND SIX AND BLOCK E OF THE CLOVER HAVEN EDITION.

THE, THE AMENDED MOTION HAS BEEN MADE AND PROPERTY SECOND.

ARE THERE ANY QUESTIONS? ANY UNREADINESS? ALL THOSE IN FAVOR SAY AYE.

AND RAISE YOUR RIGHT HAND.

A OPPOSED SAY NAY.

AND DO THE SAME.

THE AYES HAVE IT, UH, SEVEN ZERO.

THAT MOTION PASSES.

THIS MATTER WILL BE TABLED AND THE PUBLIC HEARING WILL BE CONTINUED, UH, TO OCTOBER 10TH, 2023.

UH, THE NEXT ITEM

[1. Consider request to Replat all of Lot 1R in Block D of the Amended Plat of Clover Haven Addition, a portion of Lot 28 and all of Lots 23 through 27 in Block D and all of Lots 5 & 6 in Block E of the Clover Haven Addition. The properties are generally located north of E. Parkerville Road, south of E. Belt Line Road, east of S. Polk Street and west of IH 35E. The property owner is the Agape Fellowship Christian Church.]

THE PROPERTIES ARE GENERALLY LOCATED NORTH OF EAST PARKVILLE ROAD, SOUTH OF EAST BELTLINE ROAD, EAST OF SOUTH POLK STREET, AND WEST OF IH 35 E.

THE PROPERTY OWNER IS AGAPE FELLOWSHIP CHRISTIAN CHURCH AND THIS IS FILE NUMBER FP DASH 1243 DASH 23.

MAY WE HAVE OUR STAFF REPORT PLEASE? YES, CHAIRMAN AND MEMBERS OF THE COMMISSION.

AGAPE FELLOWSHIP CHURCH IS THE SOLE OWNER OF NINE TRACKS OF LAND LOCATED IN THE MARTIN JS SWAMPER SURVEY ABSTRACT 1537.

I'VE GIVEN YOU THE NINE PLATTED LOTS.

THEY ALL ARE LEGALLY ADDRESSED BY DALLAS CENTRAL APPRAISER DISTRICT.

YOU HAVE ONE PROPERTY ON PARKVILLE ROAD, WHICH IS THE, UH, CHURCH'S MAIN FACILITY AT 1221 EAST PARKVILLE AND THE REMAINING LOTS ARE ON THE UNPAVED PUBLIC RIGHT OF WAY, WHICH IS ON PARKDALE LANE FROM 8 0 1 ALL THE WAY UP TO 8 24.

ALL NINE OF THESE PLANET LOTS, ALL ARLO LOCATED WITHIN THE CITY'S COMMERCIAL C ONE DISTRICT SECTION 36.6 OF THE CITY'S ZONING ORDINANCE, WHICH IS IDENTIFIED AS EDUCATIONAL, INSTITUTIONAL, AND SPECIAL USAGES.

ESTABLISHES THAT CHURCHES ARE PERMITTED BY WRIGHT AND ALL ZONING DISTRICTS WITHIN THE CITY OF DESOTO.

A 60 FOOT PUBLIC RIGHT OF WAY WAS DEDICATED TO THE CITY OF DESOTO IN ASSOCIATION WITH THE FINAL PLAT OF THE CLOVER HAVEN EDITION.

LATER IN MY PRESENTATION I'LL SHOW YOU THE, THOSE PLATS THAT WERE APPROVED, UH, BACK IN 1949.

AT THIS TIME, SEVERAL OF THE PLATTED LOTS ALONG THIS DEDICATED PUBLIC RIGHT OF WAY REMAIN EMPTY AND UNDEVELOPED AND THE PUBLIC STREET ITSELF STILL REMAINS UNPAVED.

ON NOVEMBER THE FOURTH 2021, THE CITY OF DESOTO EXECUTED A RIGHT OF WAY USE LICENSE HOLD HARMLESS AGREEMENT WITH THE GPE CENTER IN ORDER FOR THE GPE FELLOWSHIP CHRISTIAN CENTER TO HAVE ACCESS FROM THE TWO PLATTED LOTS ALONG THE WEST SIDE OF PARKDALE AND THE REMAINING PLAID PROPERTIES ARE LOCATED EAST OF PARKDALE LANE AND WEST OF FRANKLIN STREET.

EXHIBIT

[01:10:01]

A WITHIN THE EX AGREEMENT ITSELF SHOWS THE APPROVED ACCESS EASEMENT AS BEING LOCATED WITHIN THE UNPAVED PARKDALE LANE, SPECIFICALLY BETWEEN LOT FIVE OF BLOCK E AND LOT 23 OF BLOCK D IN THE CLOVER HAVEN EDITION.

THE APPROVED EXCESS EASEMENT IS APPROXIMATELY 3,902 SQUARE FEET.

ON AUGUST THE 22ND, 2022, PASTOR FELTON BELTON REPRESENTING THE PROPERTY ON AGAPE CHRISTIAN CHRISTIAN CENTER SUBMITTED AN APPLICATION FOR FINAL AMENDED REPLANT AND MINOR PLATY STAFF IN ORDER FOR THE CHURCH TO COMBINE THE NINE PROPERTIES THAT THEY OWN INTO THREE LARGER PLA LOTS.

THE SUBMITTED REPL HAS BEEN REVIEWED BY STAFF AND MEETS THE REQUIREMENTS OF THE CITY'S SUBDIVISION AND ZONING ORDINANCES.

THE SUBMITTED REPL WAS PREPARED BY LICENSED LAND SURVEYOR.

AN AGENDA ITEM HAS NOW BEEN PLACED ON YOUR COMMISSION'S AGENDA TONIGHT IN ORDER FOR YOU AS THE COMMISSION TO OFFICIALLY CONSIDER THE APPLICANT'S SUBMITTED REPL.

THE FIRST SLIDE THAT YOU SEE IS, UH, FROM THE VOLUME 13.2 53 IN THE UH, DALLAS CLERK'S OFFICE AND THIS IS THAT ORIGINAL PLAT FILING FOR THE CLOVER HAVEN EDITION.

THIS PARTICULAR DRAWING SHOWS CLOSEST TO I 35 AND GOING TO THE WEST BLOCKS A THROUGH C.

THE CASE WE ARE CONSIDERING, UH, UH, TONIGHT IS ACTUALLY FARTHER WEST, BUT THIS IS THE FIRST SECTION AND AS SHOWN ON THIS SLIDE, THIS DOCUMENT WAS FILED ON FEBRUARY THE 23RD, 1949, AT WHICH TIME THE CITY OF DESOTO WAS KNOWN AS THE TOWN OF DESOTO.

THIS PLAT DRAWING HERE IS THE ONE I REALLY LIKE TO FOCUS IN ON BECAUSE IT'S ACTUALLY GOING TO SHOW YOU THE TWO STREETS IN THIS SUBDIVISION THAT WERE NOT PAVED AND DEVELOPMENT OF THE PLATTED LOTS WHICH HAVE NOT BEEN DEVELOPED.

PARKDALE, AS WE MENTIONED, IS JUST WEST OF FRANKLIN.

IT IS PAVED FOR THE NORTH ONCE YOU GET PAST LONDON AVENUE.

ACTUALLY THIS SECTION, UH, STUBS DOWN TO THE SOUTH A LITTLE BIT AND THEN IS PAVED GOING NORTH.

ANOTHER STREET IN THIS SUBDIVISION THAT WAS NOT PAVED, IT'S CEDAR BROOK, WHICH IS LOCATED TO THE WEST.

I CAN SAY WITHIN THIS PROPERTY, THE CITY AND THAT RIGHT OF WAY, THE CITY DOES HAVE A PUBLIC WASTEWATER MAIN THAT GOES THROUGH THERE, BUT THIS SHOWS HOW THE RIGHT OF WAY WAS DEDICATED BACK IN 1949.

BUT THE LOTS, MANY OF THEM WERE NOT, UM, DEVELOPED AND NEITHER WAS THE ROAD.

THIS DRAWING IS FROM THE DALLAS CENTRAL APPRAISER DISTRICT.

I'VE DRAWN IT TO PACIFICALLY, TRY TO GROUP THE PROPERTIES OWNED BY THE AGAPE, UH, FELLOWSHIP CHRISTIAN CENTER WHERE MY CURSOR IS.

NOW THIS SHOWS THEIR EXISTING FACILITY THAT HAS THE LARGER CENTER ITSELF WITH A COUPLE OF OTHER BUILDINGS.

WHAT THEY WERE PROPOSING TO DO IS DIVIDE THIS AT A CERTAIN POINT AND SO THE CHURCH WILL BE LOCATED ON ITS OWN SINGLE PLATTED LOT AND THE SECOND PORTION TO THE NORTH WILL JOIN WITH THESE UM, FIVE OR SIX PLATTED LOTS THAT THEY ALSO OWN THAT ARE TO THE WEST OF THEIR UTILIZED PROPERTY THAT BORDERS THE UNPAID 60 FOOT RIGHT OF WAY ACROSS FROM THIS RIGHT OF WAY, ARE THERE TWO OTHER PROPERTIES? SO WHEN YOU ADD THESE TWO PROPERTIES ON THE WEST SIDE OF PARKDALE PLUS ALL OF THEIR OTHER PROPERTIES, THESE ARE THE NINE LOTS THAT THEY ARE DESIRING TO REPL TO CREATE THREE LARGER LOTS.

THIS IS THE REPL THAT WAS SUBMITTED BY THEIR LAND SURVEYOR AND IN RED.

IT DOES ILLUSTRATE THE TWO PROPERTIES ON THE WEST SIDE OF PARKDALE HAVE BEEN COMBINED INTO ONE LARGER LOT.

I MENTIONED EARLIER THE CURRENT PLA LARGER LOT WHERE THEIR FACILITY IS LOCATED IS BEING DIVIDED TO WHERE THE CENTER WOULD BE ON ITS OWN PLATTED LOT AND THIS NORTHERN SECTION WILL JOIN WITH THEIR PLATTED LOTS ON THE WEST AND ALL OF THIS SECTION HERE WILL BECOME ITS OWN PLATTED LOT.

UM, THE TITLE BOX IDENTIFIES THAT THE SMALLER LOT WILL BECOME ONE R ONE AND THIS REMAINING PROPERTY HERE THAT I'VE HIGHLIGHTED HERE WILL BECOME ONE R TWO AND THEN THE OTHER PROPERTY WILL BE FIVE R.

I'VE CLUED THE ZONING MAPS SO THE COMMISSION WILL BE ABLE TO SEE WHERE C ONE ZONING DISTRICTS ARE AND BY THE MAP IT IS ALL THE RED COLORED REGIONS THAT BORDER ALONG THE SOUTHBOUND FRONTAGE ROAD BOTH NORTH AND SOUTH OF PARKVILLE

[01:15:01]

SOUTH, ALL THE WAY TO THE CITY OF DESOTO SOUTHERN CITY LIMITS.

THE OTHER SECTION OF RED COMMERCIAL C ONE IS AT THE CORNER OF PARKVILLE AND HAMPTON.

THIS IS WHERE THE WALMART NEIGHBORHOOD, UH, CENTER IS.

I ALSO WOULD LIKE YOU TO NOTICE IN THIS DRAWING IT DOES SHOW WHERE C TWO IS ALLOWED AND THAT'S THIS, UH, SMALL ENCLOSED AREA ON THE OTHER SIDE OF WALMART.

BUT THIS CASE IS LOCATED WITH ARROW POINTS AND THE PROPERTY IS IN A C ONE ZONING DISTRICT, WHICH IS COLORED RED.

THIS PROPERTY IS LOCATED IN DISTRICT PLACE THREE.

THAT COUNCIL PERSON IS COUNCILWOMAN NICOLE RAPHAEL.

AND THE MAPS AGAIN SHOW PARKVILLE NEAR 35 STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION APPROVE THE REPLANTING OF LOT ONE R IN BLOCK D IN THE AMENDED PLAT OF THE CO HAVEN EDITION, A PORTION OF LOT 28 AND ALL OF LOTS 23 THROUGH 27 IN BLOCK D AND ALL OF LOTS FIVE AND SIX IN BLOCK E IN THE CLOVER HAVEN EDITION WITH THE REPLAY TO BE TITLED AS LOT ONE R ONE AND ONE R TWO IN BLOCK D LOT FIVE R IN BLOCK E OF THE CLOVER HAVEN EDITION.

AS SUBMITTED, I'LL ADDRESS ANY QUESTIONS OR CONCERNS THE COMMISSION MAY HAVE.

THANK YOU SIR.

COMMISSIONERS, ARE THERE ANY QUESTIONS MS. CAESAR? I I HAVE A BASIC ONE.

UM, MR. RULE, WHY WOULD ONE R ONE AND ONE R TWO IN LOT D NOT JUST BE PLATTED AS ONE? WAS THERE ANY REASONING FOR THAT? THEY HAVEN'T GIVEN US, UH, THE REQUIREMENTS THAT WE LOOK AT.

WHAT ARE THE MINIMUM LOT REQUIREMENTS? WE DON'T HAVE MAXIMUM LOT REQUIREMENTS, BUT OUR ZONING ORDERS ESTABLISHES THE MINIMUM LOT REQUIREMENT FOR A LOT IN A COMMERCIAL.

ONE DISTRICT IS 10,000 SQUARE FEET, SO WE ONLY KNOW THE MINIMUMS. WE DON'T KNOW THEIR FULL PURPOSE AND THEY'RE NOT OBLIGATED TO SHARE THAT WITH US.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS? ALL RIGHT, HEARING, SEEING NONE.

THANK YOU MS. BREWER.

UH, COMMISSIONERS WITH RESPECT TO FILE NUMBER FP DASH 1243 DASH 23, IS THERE A MOTION MR. AND MR. CHAIR RELATIVE TO FP 1243 DASH TWO THREE CONCERNING THE REQUEST TO BE PLA? UH, I WOULD RECOMMEND THAT WE FOLLOW STAFF'S RECOMMENDATION TO APPROVE AS PRESENTED.

OKAY, THERE'S BEEN A MOTION TO APPROVE, UH, THIS PARTICULAR FILE NUMBER.

IS THERE A SECOND? I SECOND MR. CHAIRMAN.

HAS BEEN PROPERLY MOVED AND SECOND, SECOND ABOUT MS. CAESAR.

ARE THERE ANY OTHER QUESTIONS? HEARING AND SEEING NONE.

ALL THOSE IN FAVOR, UH, SAY YAY AND RAISE YOUR RIGHT HAND.

YAY.

ALL THOSE, UH, IN, UH, IN OPPOSITION, SAY NAY AND DO THE SAME.

AND SO, UH, IT HAS BEEN PASSED UNANIMOUSLY, UH, SEVEN ZERO AND AGAIN THAT IS, UH, FILE NUMBER FP DASH 1243 DASH 23.

UH, WITH THOSE, UH, TWO MATTERS NOW HAVING BEEN DECIDED FOR THIS EVENING STAFF, IS THERE ANYTHING ELSE THAT WE NEED TO DISCUSS? MR. CHAIR? MR. REVEREND, MS. BEST, COULD YOU TELL US AGAIN WHAT YOUR QUESTION, WHERE YOU'RE REQUESTING THIS TO BE MONDAY AND THE TIME? OH, I WAS SAYING THAT, UM, OCTOBER IS CONSIDERED THE NATIONAL COMMUNITY PLANNING MONTH, SO THERE WILL BE A PROCLAMATION THAT THE CITY COUNCIL WILL HAVE ON TUESDAY, UH, OCTOBER THREE.

SO YOU ARE WELCOME TO COME AND RECEIVE THE PROCLAMATION WITH US ON TUESDAY AT 5:30 PM AND THAT MEETING STARTS AT FIVE 30, IS AN EARLY START TIME.

ALRIGHT, ANYTHING ELSE FROM STAFF? ALRIGHT, HEARING IS IN NONE.

SO COMMISSION IS JUST, UH, ONE FINAL TIME, UH, SPECIAL CITY COUNCIL MEETING, UH, THIS COMING OCTOBER 3RD AT FIVE 30.

UH, DURING THAT I THINK IT'S GONNA BE AN ABBREVIATED MEETING.

UM, THERE'S GOING TO BE READING OF THE PROCLAMATION.

UM, SO PLEASE MARK YOUR CALENDARS FOR THAT.

ALSO, UM, JUST FOR ADVANCED PLANNING, PLEASE MARK YOUR CALENDARS FOR MONDAY, OCTOBER 16TH.

UH, THAT'S WHEN WE'LL HAVE A JOINT MEETING WITH CITY COUNCIL, UH, TO DISCUSS THE COMPREHENSIVE PLAN.

OKAY, SETH, HAVE I, HAVE I MISSED ANYTHING ELSE? OKAY.

WITH THAT BEING SAID, BEFORE I ENTERTAIN A MOTION TO ADJOURN, UH, MS. JORDAN WILLIAMS, WAS THIS YOUR FIRST TIME PRESENTING? YES, IT WAS.

BEFORE WE CLOSE THE DO, I JUST WANTED TO SAY, GREAT JOB.

YOU DID A WONDERFUL JOB.