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[A. WORK SESSION - CALL TO ORDER]

[00:00:02]

GOOD EVENING, LADIES AND GENTLEMEN.

THE TIME IS NOW 6:00 PM TODAY IS TUESDAY, OCTOBER 24TH, 2023.

I WANNA GO AHEAD AND CALL THIS WORK SESSION OF THE DESOTO PLANNING ZONING COMMISSION TO ORDER.

WE DO HAVE A QUORUM IN ATTENDANCE.

WE HAVE MR. BELL, MS. CAESAR, MR. RAVENEL, MS. BROOKS, MR. BERRY, AND MYSELF, MR. PUGH.

UH, WE WILL GET TO THE FIRST ITEM OF THE AGENDA, BUT ACTUALLY, LET ME JUST MAKE A BRIEF NOTE.

WHAT WE'RE GONNA DO IS THE, WE HAVE TWO PUBLIC HEARINGS UNDER ITEMS F1 AND F TWO.

WE'RE ACTUALLY GONNA MOVE ITEM F1 TO THE END OF THE AGENDA.

SO WE'LL START WITH F TWO.

UH, SO F TWO SAYS, CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST TO AMEND PLAN DEVELOPMENT ONE 11, PD ONE 11 TO CREATE A NEW PLAN DEVELOPMENT, UH, WITH BASE ZONING DISTRICT OF SF NINE, THE DEVIATION.

SECOND APPLICATION SUBMITTAL.

UH, THE PROPERTIES CONSIST OF APPROXIMATELY 17.25 ACRES OF LAND LEGALLY DESCRIBED AS BEING TRACKED.

TWO IN THE JONAS BURKI, UH, SURVEY ABSTRACT ONE TEN FIVE OH ONE WEST WINTERGREEN ROAD, AND NINE ONE, UH, 9.52 ACRES OF LAND LEGALLY DESCRIBED AS BEING TRACKED.

2.1 IN THE JONAS BURKI SURVEY, ABSTRACT ONE TEN SIX OH ONE WEST WINTERGREEN ROAD.

THE APPLICANT IS DS, UH, ENGINEERING, AND THE PROPERTY OWNER IS NEVA VIDA LIFE ASSEMBLY.

AND THIS IS CASE NUMBER Z DASH 1 15 0 6 DASH 23.

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

COMMISSIONERS, UH, JUST FYI, WHILE WE ARE TALKING, OUR CITY ATTORNEY IS TRYING TO DO SOME CHECKING.

UH, WE'RE TRYING TO SEE IF COMMISSIONER T WHETHER OR NOT SHE MAY HAVE TO EXCLUDE HERSELF SINCE SHE'S WITHIN THAT 200 FOOT RADIUS.

AND SO JUST TO LET YOU KNOW.

OKAY.

WOULD IT BE BETTER FOR US TO, UH, PROCEED? NO, NO, I'M SORRY.

I'M SORRY.

OH, NO.

WOULD IT BE BETTER FOR US TO PROCEED WITH THE REGULAR AGENDA ITEMS AND COME BACK TO IT OR ARE YOU NO, NO, IT'S FINE.

YOU PASS THAT WAS TRYING TO SEE IF SHE WOULD BE ALLOWED TO PARTICIPATE DURING THE PUBLIC HEARING.

OH, OKAY.

ALRIGHT.

ALRIGHT, GO AHEAD.

THANK YOU, SIR.

AND, AND AGAIN, ON THIS ONE, ALL COMMISSIONERS, EXCEPT COMMISSIONER BERRY HAS HAD A LOT OF THIS CASE PRIOR.

SO A LOT OF THIS HISTORY IS BRINGING EVERYBODY UP TO SPEED.

UH, BECAUSE AGAIN, COMMISSIONER BERRY, I'M NOT SURE WHAT YOU KNOW VERSUS THIS CASE.

SO IF YOU WOULD BE PATIENT.

HEY, MR. BREWER, I THINK COUNCIL MEMBER MARKS IS GONNA SPEAK TO HER.

UH, BUT DO WE NEED TO PROCEED WITH HER PRESENT OR DO, WOULD YOU A ASK HER NOT TO BE HERE AT THIS TIME? THIS, THIS IS THAT CASE.

JUST NO DISCUSSION.

THIS IS THE WORK SESSION ITEM? YES.

YEAH, JUST NO DISCUSSION AT THIS TIME.

BUT IS SHE, IS SHE GONNA BE ALLOWED TO PARTICIPATE HERE? JUST NO PARTICIPATION, NO DISCUSSION, NO STEP DOWN AND SPEAK AS A CITIZEN.

THEN SHE WAS ASKING THE QUESTION, THOUGH, CAN SHE STEP DOWN DURING THE PUBLIC HEARING AND SPEAK AS A RESIDENT? OKAY, THERE WE GO.

UH, AGAIN, THIS IS ONLY IN CASE, UH, IT'S ACTUALLY A SECOND SUBMITTAL THAT'S COMING BACK TO YOU.

AND THE FIRST PART IS THE HISTORY.

BUT AGAIN, THIS PROPERTY'S ON THE, UH, NORTH SIDE OF WEST WINTERGREEN, EAST OF, UM, O HICKORY TRAIL.

UH, A HISTORY ON JULY 25TH, PUBLIC HEARINGS WAS HELD BEFORE YOUR COMMISSION.

UH, THE END RESULTS OF THAT PUBLIC, HIS HI, UH, THAT PUBLIC MEETING, UH, A MOTION WAS MADE TO MAKE A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL FOR THIS CASE.

YOUR COMMISSION ACTUALLY HAD ASKED THE APPLICANT DID THEY REQUEST TO HAVE IT TABLED, UH, TO ALLOW THEM AN OPPORTUNITY TO GO BACK AND DO SOME MORE, UH, SOME MORE WORK THEMSELVES.

UM, AND I WILL JUMP TO SAY THE APPLICANT AND I MET LATER.

AND ONE OF THE THINGS SHE INDICATED WAS, AT THAT TIME SHE WAS ON A TIME RESTRICTED CONTRACT CONTINGENT WITH THE PROPERTY OWNER.

AND THAT WAS THE REASON SHE APPEARED BEFORE YOU AND WAS REQUESTING TO ALLOW THE CASE TO PROCEED FORWARD.

AND YOU AS THE COMMISSION THEN ACTED WITH WHAT INFORMATION YOU HAD BEEN GIVEN, WHAT INFORMATION YOU HAD RECEIVED FROM CITIZENS, AND YOU VOTED TO DENY.

AND THAT MOTION UNANIMOUSLY PREVAILED.

SO WHAT THAT THEN AGAIN, WOULD TRIGGER WHEN IT FINALLY GO TO CITY COUNCIL, IT REQUIRED THEM TO HAVE TO HAVE A SUPER MAJORITY VOTE.

SO KEEP THAT IN MIND.

SO AS YOU SAID, AT THAT PUBLIC HEARING THAT BEFORE YOUR COMMISSION, UH, WITH THE CASE AT THE TIME WAS 1501

[00:05:01]

DASH 22, THE MOTION NOW PREVAILED TO DENY.

SO ON AUGUST 2ND, UH, STAFF MET WITH THE, UH, APPLICANT AND, UH, SHE DID FILE AN APPEAL IN ORDER FOR HER CASE TO GO ONTO THE CITY COUNCIL FILING THE PUBLIC HEARING.

THE APPLICANT, YOU KNOW, MET WITH STAFF.

WE DISCUSSED, UM, WHETHER OR NOT HER TRIP GENERATION, HER TRIP DETERMINATION REPORT TRIGGERED THAT 100 VEHICLES PER HOUR OR 1000 VEHICLES PER DAY TO DETERMINE IF SHE WAS GOING TO BE REQUIRED TO HAVE TO DO A TRIP GENERATION REPORT.

AND WITH THE NUMBERS THAT THAT REPORT IDENTIFIED, SHE WOULD NOT HAVE TO HAVE TO DO A, UH, TRIP GENERATION REPORT.

SO THAT'S WHAT THAT PARAGRAPH IS TALKING ABOUT THERE.

SO ON AUGUST THE 15TH, THE PUBLIC HEARING WAS CONDUCTED BEFORE THE CITY COUNCIL, DURING WHICH TIME A REVISED CONCEPT.

THE REVISED CONCEPT THEN INCLUDED AN ENTRANCE AND EXIT ROADWAY OFF OF OLD HICKORY TRAIL.

AND THIS WAS PRESENTED TO THE CITY COUNCIL, UM, BECAUSE THAT WAS ONE OF THE EX, UH, STRONG, UH, POSITIONS THAT RESIDENTS HAD IN THAT AREA.

THEY HAD CONCERNS ABOUT THE IMPACT OF TRAFFIC ON WINTER GREEN ITSELF, IMPACT OF WHAT WAS GONNA HAPPEN AT THE INTERSECTION OF WINTERGREEN AND WEST MOORLAND SINCE NO CIVILIZATION.

SO THAT WAS THE STRONG POSITION THERE.

UM, SO SHE CAME BACK BEFORE WE WENT TO COUNCIL, REVISED THAT SITE PLAN, AND I'LL SHOW YOU THAT SITE PLAN LATER, AND ADDED A ENTRANCE EXIT OFF OF OLD HICKORY.

UH, SECOND BULLET.

DURING THE APPLICANT'S APPEARANCE BEFORE THE CITY COUNCIL, THE APPLICANT STATED, WHICH WAS NEW TO STAFF, HER WILLINGNESS TO ESTABLISH THIS DEVELOPMENT AS A GATED COMMUNITY AND PROVIDE SEVERAL AMENITIES WITHIN THE RESIDENTIAL COMMUNITY, SUCH AS THE WALKING TRAIL WITH BENCHES, A GAZEBO WITHIN THE OPEN SPACE AND OUTDOOR FITNESS AREA, AND A DOG PARK WITH THE ORDINANCE THAT STAFF PRESENTED TO COUNCIL AT THAT NIGHT, NOT HAVING THESE NEW ITEMS, UM, THE, THE COUNCIL, UH, UNANIMOUSLY APPROVED TO TABLE TAKING ANY ACTION AT THAT TIME.

SO AS IT READS, THE ORDINANCE, UH, WITH THE ORDINANCE NOT INCLUDING THE ADDITIONAL ITEMS THAT THE APPLICANT STATING HER WILLINGNESS TO INCLUDE WITHIN THIS DEVELOPMENT PLAN, A MOTION TO UNANIMOUSLY PREVAIL BY SEVEN OH VOTE TO ONE OFFICIALLY CLOSE THE PUBLIC HEARING, UH, FOR THE ZONING CASE REQUEST THE CITY ATTORNEY TO REVISE HER ORDINANCE TO INCLUDE THE ITEMS THAT THE APPLICANT EXPRESSED HER WILLINGNESS TO PROVIDE WITHIN THIS PLAN DEVELOPMENT SITE.

AND THREE, TO PLACE THE REVISED ORDINANCE ON THE CITY COUNCIL'S NEXT MEETING, WHICH WAS SEPTEMBER THE FIFTH AT THAT TIME FOR FORMAL CONSIDERATION.

FOLLOWING THAT MEETING, UH, STAFF HAVE HAD IDENTIFIED THROUGH OUR RESEARCH THAT ACTUALLY WE KNEW THAT THERE WAS A PARK DEDICATION, UH, REQUIREMENT THAT THE CITY HAD SET, SET UP.

AND BECAUSE OF THAT, WE SPOKE WITH THE APPLICANT AND BECAUSE WE HAVE IDENTIFIED THAT PROPERTY ON THE WEST SIDE OF HER DEVELOPMENT SITE AS POTENTIALLY BEING AN AREA WHERE THE CITY'S ROY OIL TRAIL COULD BE EXTENDED, UH, IT WAS PLACED BEFORE HER, WHICH SHE CONSIDERED DEDICATING THAT PROPERTY TO THE CITY.

AND SO THAT WAS THE FIRST INTRODUCTION, UM, EVEN AFTER THE CITY COUNCIL MEETING.

SO THE APPLICANT'S SITE PLAN WAS REVISED, AND AT THAT TIME, OFFICIALLY THE SITE PLAN WAS ESTABLISHED TO SHOW IT AS TO BE A GATED PRIVATE COMMUNITY.

THE ABANDONMENT OF MEADOWBROOK DRIVE FROM WEST WINTERGREEN TO THE UNPAVED WOODLAND HILLS ROADS RIGHT AWAY WOULD BE DONE DURING THE PLANNING PROCESS.

ONE EXCESS ENTRANCE EXIT SECURITY GATE WOULD BE ESTABLISHED ON WEST WINTERGREEN ROAD AND ONE RECESSED RECESSED ENTRANCE EXIT SECURITY GATE WOULD BE ESTABLISHED ON OLD HICKORY TRAIL.

NUMBER FOUR, ONE EXIT ONLY SECURITY GATE WOULD BE ESTABLISHED ON WEST WINTERGREEN BETWEEN MANTLE BROOK DRIVE AND HICKORY TRAIL.

THE 2.382 ACRES OF LAND LOCATED ALONG THE WEST SIDE OF THE DEVELOPMENT SITE WOULD BE DEDICATED BY THE PROPERTY OWNER TO THE CITY DURING THE FINAL PLAT PROCESS.

AND THIS SAID PROPERTY WOULD BE UTILIZED AS THE PUBLIC PARK.

NUMBER SIX, THE DEVELOPER WOULD CONSTRUCT THE DEVELOPER'S CON EXPENSE, AN EIGHT FOOT CONCRETE WALKING TRAIL THROUGH THE 2.382 ACRE GREEN BELT PARKLAND AREA, AND THEN CONSTRUCT AND EXTEND AN EIGHT FOOT CONCRETE WALKING TRAIL THROUGH THE UNPAVED WOODLAND HILLS AVENUE RIGHT OF WAY, UH, WEST TO NORTHWEST MOLAND ROAD.

I HAVE A SLIDE THAT'LL HELP GIVE A BETTER VISUAL OF WHERE THE CITY'S CURRENT ROY OLD TRAIL ENDS AND THIS POTENTIAL OF EX OF GETTING A, AN EXTENSION OF A TRAIL PAST THIS SUBDIVISION BACK TO WEST MOLAND BECAUSE IT'S ALSO AN ELEMENT THAT THE CITY IS DEALING WITH THE DEVELOPER WILDWOOD TO PUT TRAILS IN HIS COMMUNITY, UH, UH, WHICH IS UP THERE, HOMESTEAD EAST OFF OF DANIELDALE.

[00:10:01]

SO THAT'S THE THOUGHT TO CREATE A, A BETTER LINEAGE, UH, BETWEEN THE TRAILS.

NUMBER SEVEN, A MINIMUM OF SIX FOOT SCREENING WALL WOULD BE CONSTRUCTED BY THE DEVELOPER ALONG THE WEST, SOUTH EAST PROPERTY LINES OF THIS DEVELOPMENT SITE.

A CONTINUOUS FIVE FOOT SIDEWALK WOULD BE CONSTRUCTED BY THE DEVELOPER ALONG THE NORTH SIDE OF WEST WINTER, GREEN AND EAST SIDE OF OLD HICKORY.

THIS WOULD BE OUTSIDE OF THEIR MASONRY FENCE THAT WOULD ALLOW IF A PERSON WALKED OUT OF THE SUBDIVISION, OUT OF THE OPEN SPACE INTO THE WEST PROPERTY, WHICH IS FORECAST TO BE A PUBLIC PROPERTY, IT CAN CONTINUE WALKING ALONG THE NORTH SIDE OF WEST WINTERGREEN.

ALSO, IF THEY ARE, UM, ATHLETIC, THEY COULD CONTINUE UP AND GO TO OO HICKORY, UH, TO CONTINUE THAT WALK AND ACTUALLY HAVE THEMSELVES A WHOLE LOOP FOR THEIR COMMUNITY AND THEMSELVES.

THE DEVELOPER WOULD, UH, PROVIDE A WALKING TRAIL WITH BENCHES AND PEDESTRIAN SECURITY GATE WITHIN THE COMMUNITY, CONNECTING THE COMMUNITY TO THE PUBLIC PARK AND PUBLIC WALKING TRAIL.

I'LL SHOW YOU THIS ON THE DRAWING.

UH, LATER.

UH, THEN THE DEVELOPER WILL PROVIDE ONE GAZEBO WITHIN THE HOA MAINTENANCE COMMON OPEN SPACE AREA.

SO NOW GOING FORWARD ON SEPTEMBER THE FIFTH, UH, STAFF RETURN THE CITY ATTORNEY'S PREPARED REVISED ORDINANCE ABOUT TO THE COUNCIL FOR FORM CONSIDERATION.

DISCUSSION WAS HELD BY THE COUNCIL, AND A MOTION WAS MADE TO APPROVE THE ORDINANCE AS PRESENTED, BUT THE MOTION RESULTED IN A VOTE OF FOUR TO ZERO.

AND BECAUSE THE COMMISSION'S RECOMMENDATION WAS DENIED, AGAIN, THAT TRIGGERED THE REQUIREMENT FOR A SUPER MAJORITY VOTE OF THE COUNCIL, WHICH WOULD REQUIRE SIX SUPPORTIVE VOTES.

AND WITH THIS MOTION ONLY RESULTING IN FOUR, WHILE THE MOTION APPEARS TO HAVE PASSED, THE ORDINANCE ACTUALLY FAILED DUE TO NOT HAVING THE SUPER MAJORITY VOTE.

SO AFTER THAT POINT, ON SEPTEMBER 25TH, 2023, UH, THE APPLICANT'S REPRESENTATIVE SUBMITTED A NEW APPLICATION AND NEW REVISED CONCEPT PLAN TO STAFF THE NEW CONCEPT PLAN AND REVISED THE NEW APPLICATION AND REVISED CONCEPT PLAN, UH, SOUGHT TO AMEND THIS EXISTING PD WITH THE BASE ZONING OF SF 20.

AGAIN, 20 STANDS FOR MINIMUM LOT SIZE OF 20,000 SQUARE FEET TO A NEW PLAN DEVELOPMENT WITH A BASE ZONING OF SF NINE, WHICH IN OUR TERM NINE MEANS 9,000 SQUARE FEET.

INSTEAD OF THE 8,000 SQUARE FEET, WHICH IS THE SF EIGHT THAT THEY CAME WITH THEIR FIRST SUBMITTAL AND THIS TIME WITH TWO DEVIATIONS, ONE BEING CONTINUING THE REQUEST AS FIRST SUBMITTAL, WHICH WAS NO ALLEYS, AND THEN THE SECOND DEVIATION, BECAUSE THEY'RE WANTING TO COMPLY WITH THE CITY'S REQUEST OF HAVING NO FRONT ENTRY GARAGES ON THE FRONT BASE OF THEIR PROPERTIES, THEY ARE SUPPORTING 100% JSW FRONT LAWN GARAGES.

BUT TO DO THAT WITH THEIR LOTS TO STILL PROVIDE A REAR YARD FOR THE PROPERTY OWNERS, THEY ARE REQUESTING THAT SECOND DEVIATION TO EXTEND INTO THAT RESTRICTED FRONT YARD AREA.

INSTEAD OF HAVING A 25 FOOT FRONT PROPERTY LINE FROM THE BUILDING LINE TO THE RIGHT OF WAY, REDUCE IT BY FIVE FEET TO 20.

SO THAT'S WHAT THE SECOND DEVIATION REQUESTS.

THIS NEW APPLICATION ESTABLISHED THAT THEY, AGAIN, THEY WERE GONNA HAVE 100% J SWINGS.

THAT WAS NOT THE CASE WHEN IT FIRST CAME TO YOU.

IT WAS A DIFFERENT PERCENTAGE OF WANTING TO HAVE FRONT AND JW, BUT THE APPLICANT HAS HEARD WHAT RESIDENTS AND COUNSEL AND THE COMMISSION HAD SAID, AND COMING BACK ON THE SECOND APPLICATION WITH 100% JWS GARAGE, AND AGAIN, IN THEIR REVISION OF THE SITE PLAN TO INCREASE THE BASE ZONING FROM SF EIGHT TO AN SF NINE.

THIS DOES REDUCE THE DENSITY OF THIS COMMUNITY FROM 80 PROPOSED SINGLE FAMILY, UH, LOTS TO 73.

SO THE REQUIRED PUBLIC HEARING HAS NOW BEEN PLACED ON YOUR, UH, DIET TONIGHT.

IT HAS BEEN PROBABLY ADVERTISED IN THE CITY'S NEWSPAPER.

UH, THE, WE MAILED, UM, OUT NOTICES TO BOTH PROPERTY OWNERS WITHIN 200 AND 400 FEET.

UH, BEFORE THE MEETING, I CHECKED THE FILE FOLDER.

WE ONLY ACTUALLY HAD ONE NOTICE RETURNED, AND THAT ONE NOTICE WAS A PROPERTY OWNER IN THE JASON, UH, CLUB PARK, UM, WHO EXPRESSED OPPOSITION TO THE CASE.

SO IN THIS CASE, THAT 20% MARK WILL NOT BE TRIGGERED AT THIS POINT TO HAVE TO REQUIRE A DIFFERENT ACTION BY THE CITY COUNCIL.

SO AGAIN, UH, JUST AS A REMINDER, THIS IS THE, UH, CASE AS IT WAS PRESENTED, UH, TO YOUR COMMISSION BACK ON THE 25TH.

SOME OF THE KEY THINGS

[00:15:01]

TO REALIZE IT HAD NO INTEREST AT THAT TIME, NO INTEREST OR EXITS OFF OF, UH, OLD HICKORY.

IT DID SHOW TWO ENTRANCES OFF OF WINTERGREEN.

THIS AT THAT TIME, WAS TO BE VIEWED AS A PUBLIC, UH, OPEN, UH, COMMUNITY WITH 80 LOTS.

THE GREEN BELT ON THE WEST SIDE OF THE PROPERTY WAS GOING TO BE DEEMED STILL PRIVATE TO BE OWNED BY THE HOA AS WELL AS THE TRAIL.

UH, AND THAT WAS THE PROPOSAL AT THAT POINT.

UH, UH, THIS IS THE PROPOSAL THAT CHANGED BEFORE WE GOT TO THE CITY COUNCIL MEETING.

AND AGAIN, THIS SHOWED THAT THE APPLICANT, UH, HEARD WHAT WAS VOICED THAT YOUR COMMISSION PUBLIC HEARING.

AND THIS SITE PLAN WAS, UH, REVISED TO CREATE AN INTEREST AND EXIT OFF OF OLD HICKORY, STILL KEEP THE, UH, ONE OF THE PRIMARY INTEREST AND EXITS OFF OF MANTLE BROOK IN THIS AREA, BUT TO CREATE THE SECOND EXIT ONLY, UH, SMALLER RIGHT OF WAY COMING, UH, THROUGH HERE.

THE NEXT DRAWING WAS SHOWN WHAT WAS ACTUALLY SUBMITTED AFTER WE WENT BACK WITH THE ORDINANCE.

AND THIS, UH, PARTICULAR DRAWING SHOWS NOW THE GREEN BELT AS TO BE PUBLIC DEDICATED.

UH, THIS IS THE, UH, WALKING TRAIL THAT'S COMING THROUGH THE GREEN BELT, AND IT IS ALSO CONTINUING TO THE WEST TO GO ALL THE WAY OVER TO, UH, WEST MOLAND.

UH, AS WE SPOKE ABOUT EARLIER, THE, THE TWO PRIMARY ENTRANCES BOTH HAVE RECESSED, UH, SECURITY GATES IN ORDER TO, UM, NOT INITIALLY BACK UP TRAFFIC ON THESE ROADS.

SO THIS IS WHAT WAS SUBMITTED WHEN THE, UH, ORDINANCE WENT BACK TO COUNCIL.

BUT AGAIN, THE FINAL ACTION AT THAT POINT, UH, A MOTION WAS MADE TO APPROVE IT, BUT THE MOTION ACTUALLY FAILED BECAUSE IT DIDN'T GET THE SUPER MAJORITY VOTE.

SO NOW, UH, I SHOW YOU THE UPDATED, UH, SITE PLAN THAT WAS SUBMITTED WITH THE SECOND APPLICATION.

AGAIN, IT FOLLOWS THE SAME CONCEPT AS FAR AS TWO PRIMARY INTEREST EXITS WITH THE RECEDING SECURITY GATE ONE EXIT ONLY, UM, FOR TRAFFIC COMING OUT ONLY IT HAS ESTABLISHED THE, UH, PUBLIC PARK AREA TO BE DEDICATED TO THE CITY.

IT IS SHOWING THE, UH, WALKING PATH, GOING ALL THE WAY TO, UM, WEST MOLAND.

BUT THE NUMBER OF LOTS, AGAIN, HAVE BEEN REDUCED.

INSTEAD OF HAVING 80 HERE, THEY REDUCE THE DENSITY TO HAVE 73 LOTS AND PROPOSING SF NINE INSTEAD OF SF EIGHT.

AGAIN, UH, THESE WERE PRESENTED TO YOU BEFORE THE DRAWING ON THE LEFT IS THE, UM, NOTIFICATION MAP.

THE BLACK AREAS ARE THE PROPERTIES THEMSELVES.

THE BLUE AREAS ARE THE, THE 200 FOOT DISTANCES ALL AROUND THE PROPERTY.

AND THE PURPLE IS THE 400 FOOT PROPERTY, UH, DISTANCE AROUND THE PROPERTY.

AND THE VICINITY MAP IS SHOWN ON THE RIGHT.

UH, AGAIN, THE ZONING, AS WE'VE TALKED ABOUT THIS ZONING IS PLANNED DEVELOPMENT.

THE PROPERTY TO THE NORTH AND THIS KIND OF ORANGES, TANISH COLOR, ALL OF THOSE ARE SF 220, SF 20 LOTS.

AND AGAIN, THOSE ARE THE LOTS, UH, FOR 20,000 SQUARE FOOT LOTS, WHICH IS WHAT THIS PD HAD BEEN REZONED FROM THE EXISTING SF 20 TO THE NEW PD OF 1 1 1 WITH THE BASE ZONING OF, UH, SF 20 AT THAT TIME.

BUT THEN YOU SEE THE, THE SURROUNDING COMMUNITIES, UH, THE NEXT, UH, THE NEXT DRAWING, UM, EXCUSE ME, THE NEXT DRAWING ON THE RIGHT, UH, AGAIN, JUST GIVES YOU A VISUAL TO SHOW WHAT PROPERTIES HAVE BEEN DEVELOPED VERSUS WHAT PROPERTY IS IS VACANT.

NOW THIS IS, UH, NEW, UH, BUT I WANTED TO SHOW YOU, THIS COMES OUT OF THE 2020 PARTS AND RECREATION OPEN SPACE PLAN.

UM, ROY OIL TRAIL TYPICALLY IS, IT'S MY UNDERSTANDING, IT'S KIND OF DESIGNED TO FOLLOW, UH, 10 MILE CREEK.

AND IT'S, UH, INTENT IS TO TRY TO CONNECT, CONNECT COMMUNITIES ALONG THIS, UH, THIS, THIS WATERWAY.

AND SO IN THIS CASE WENT, THIS IS WINTER GREEN RIGHT HERE.

SO AS YOU SEE FROM THIS 2020 DRAWING, IT WAS SHOWING THIS TRAIL COMING UP AND STOPPING, UH, RIGHT BEFORE IT GOT TO WINTERGREEN.

SO IF, AND IN REALITY, IF YOU GO OUT THERE, THE TRAIL ACTUALLY GOES ALL THE WAY UP TO WINTERGREEN, BUT THERE'S STILL NOTHING ON THE NORTH SIDE.

BUT THIS IS AN OPPORTUNITY THAT STAFF HAS SEEN TO EXTEND ROYAL OLD TRAIL BECAUSE UP HERE YOU DO HAVE, UM, WILDWOOD HOMESTEAD AT DANIEL DALE'S SUBDIVISION, AND

[00:20:01]

THEY ARE BEING REQUIRED TO HAVE A WALKING TRAIL.

ALSO, THIS IS MORE OF A, UH, A VISUAL MAP.

AGAIN, THIS IS WINTERGREEN HERE.

THESE ARE THE TWO PROPERTIES ASSOCIATED WITH THIS ZONING CASE.

AND YOU CAN PHYSICALLY SEE THE TRAIL THAT'S COMING UP ALONG THE CREEK AREA.

IT GOES ALL THE WAY UP TO, UH, WINTERGREEN ITSELF.

BUT WHAT WE'RE SEEING IS THIS GREEN SPACE AREA HERE COULD BE POTENTIALLY WHERE A PUBLIC PARK COULD BE DEDICATED, A TRAIL COULD BE INSTALLED, AND PART OF THE REQUIREMENT OR RECOMMENDATION DEFINITELY STAFF HAVE IS TO EXTEND THIS TRAIL ALL THE WAY TO HERE, WHICH IS, UH, WEST MORELAND.

AND SO STAFF IS RECOMMENDING, UH, THAT THE COMMISSION MAKES A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR THIS REQUEST TO REZONE THIS PROPERTY, UH, PLUS THE TWO DEVIATIONS.

AND I'LL ADDRESS ANY QUESTIONS OR CONCERNS YOU WILL HAVE.

MR. SMITH AT THIS, AT THIS TIME, SHOULD WE ENTERTAIN QUESTIONS OR SHOULD WE WAIT TILL THE REGULAR SESSION? LET'S JUST HAVE EVERYONE ELSE ASK QUESTIONS INSTEAD.

UH, OKAY.

ALRIGHT.

SO COMMISSIONERS ARE, IF THERE ARE ANY QUESTIONS, UH, NOW'S TIME TO ASK MR. BREWER, MR. BELL? UH, YES, MR. BREWER, UH, THANK YOU FOR YOUR PRESENTATION.

UH, MY QUESTION IS, UH, WAS THERE ANY, DID YOU GUYS DO ANY STUDY OF HOW THIS PD ALIGNS WITH THE FUTURE LAND USE PLAN? YES.

AGAIN, EVERY RESIDENTIAL ZONING DISTRICT IN THIS CITY, WHETHER IT'S SF 20 OR SF EIGHT, IS DEEMED OUR, AND OUR COMPREHENSIVE PLAN EXISTING IS 2015.

AND THE NEW PROPOSED AS LOW DENSITY RESIDENTIAL, I'M SORRY, SF NINE, DO WE CONSIDER THAT LOW DENSITY RESIDENTIAL? ALL OF 'EM, EIGHT, NINE, ALL OF THEM.

I CAN'T THINK OF 8, 9, 12, 16, 20.

HELP HELP ME.

EIGHT NINE MICROPHONE.

IT'S, UH, IT'S EIGHT NINE TWELVE FIFTEEN.

AND THEN, UM, 2020, UH, SINGLE FAMILY ESTATES, SINGLE FAMILY COUNTRY ESTATES.

MM-HMM, , ANY OF THOSE DISTRICTS WHICH ARE SINGLE FAMILY LOTS, NO MATTER WHAT THE SIZE OF THEM ARE, SINCE IT'S GONNA HAVE THAT ONE RESIDENCY ON IT IS DEEMED LOW DENSITY.

WE GET INTO THE NEXT LEVEL WHEN WE START GETTING INTO THE, UH, DUPLEX, UH, TWO FAMILY MULTIFAMILY, ET CETERA.

SO THIS IS FOLLOWING A LOW DENSITY WITH A COMPREHENSIVE PLAN.

THANK YOU, MS. CAESAR? YES, MR. BREWER.

UM, THE ONE OPPOSITION, JUST CURIOUS OUTTA CURIOSITY, WHAT, WHAT WAS THE OPPOSITION, PLEASE, SIR? THE STATEMENT BY THE RE RESIDENT RED, UH, IN OPPOSITION, THIS CHANGE WILL INCREASE TRAFFIC, WHICH WILL CAUSE A CONFLICT EXITING OUR PROPERTY ONTO WESTMORELAND.

SO STILL FOLLOWING THE SAME CONCERN THAT WAS EXPRESSED TO YOU BEFORE ABOUT A RESIDENTIAL DEVELOPMENT PROJECT, ADDING TRAFFIC TO WINTER TO GREEN.

OKAY.

THANK YOU.

UH, SECOND PART MAYOR, MR. CHAIR? YES.

UM, THE, UH, GREEN BELT, THE 2.3 ACRES THAT WAS DEDICATED TO THE CITY, I HEARD MENTION OF, UM, A BUILD OUT OF BENCHES AND LANDSCAPING.

CURIOUS ABOUT LIGHTING, WHO SUPPLIES LIGHTING ALONG THAT AND, OR WAS THAT EVEN ADDRESSED? IT WASN'T EVEN QUESTION REQUESTED OF THE APPLICANT.

UH, IT COULD BE A REQUEST IF YOU MAKE IT A REQUEST, BUT WE DIDN'T, UH, EXPRESS IT.

BUT IT WILL BECOME A, A PUBLIC AREA THAT, UH, IS NEEDED.

OKAY.

THANK YOU MR. RAU? UH, YES.

UH, ON SLIDE 13, UH, IF YOU COULD GO BACK, YOU WERE SAYING THAT, UM, LET'S SEE, I WANNA MAKE SURE, IS THAT TRAIL GOING TO GO ALL THE WAY TO DANIELDALE OR IS IT GONNA STOP BETWEEN WINTER GREEN AND DANIELDALE? JUST WITH THIS DEDICATION RIGHT NOW BY THE 2020 PLAN, IT IS NOT SHOWN TO GO THERE, BUT THE CITY HAS HAD DISCUSSIONS WITH THE DEVELOPER WILDWOOD TO TAKE IT INTO THAT HOMESTEAD EAST AREA.

OKAY.

AND

[00:25:01]

THE OTHER QUESTION I HAD ON THE OUTDOOR FITNESS, DO WE KNOW WHAT TYPE OF FITNESS, UH, SHE'S GONNA HAVE AS A BASKETBALL COURT? WHAT, WHAT, WHAT IS IT? DO WE, YOU WOULD HAVE TO ASK THE APPLICANT.

OKAY.

BUT, BUT I BELIEVE WHAT WE TECHNICALLY HAD SPOKEN ABOUT WAS A LITTLE EXERCISE AREA THAT YOU'VE KIND OF SEEN IN SOME PARKS WHERE YOU CAN DO SOME SIT US, YOU CAN DO SOME CRUNCHES.

AND THAT, IS THAT GOING TO BE ON THE PARK AREAS OR WITHIN THE COMMUNITY? NO, WITHIN THEIR COMMUNITY, NO.

UH, THEIR PROPOSAL WAS GOING TO BE WITHIN THEIR COMMUNITY AREA.

UM, IF YOU LOOK ON YOUR PLANS THAT YOU HAVE IN YOUR PACKAGES, IT WAS BEING PROPOSED UP THIS AREA.

NOW EVEN THEY WERE PROPOSING A DARK DOG PARK AREA, BUT A LOT OF WHAT HAPPENS IN THIS AREA IS GONNA HAVE TO BE DETERMINED WHEN ENGINEERING IS DONE TO SEE HOW LARGE OF AN AREA THAT DETENTION OR RETENTION POND MAY HAVE TO BE.

I'VE EX I EVEN EXPRESSED TO THE APPLICANT REALLY MY PERSONAL CONCERNS OF BEING A RESIDENT AND HAVING A DOG PARK BEHIND ME, WHAT I WANT, THE SMELL, WHAT I WANT, THE NOISE.

BUT THAT WAS WHAT THE APPLICANT HEARD, UH, THROUGH HER PROCESSES AT, UH, OF HER PRIOR APPLICATION.

AND SO SHE HAS SHOWN AN AREA HERE TO BE A DOG PARK AND A SMALL EXERCISE.

AND I HAVE SEEN THESE SMALL EXERCISES IN ANOTHER SUBDIVISION, UM, SOUTH OF BELT LINE ALONG ELLISON, THAT SUBDIVISION ON THE WEST.

THEY HAVE A LARGE DETENTION AREA, HAVE A WALKING TRAIL AROUND IT, AND THEY HAVE ABOUT FIVE OR SIX SETUPS WHERE A PERSON COULD DO SOME SIT UPS, THEY COULD DO SOME PULL-UPS AND ET CETERA.

BUT REALLY GOING DEEP INTO SPECIFICALLY WHAT THEY WAS GONNA PROVIDE, WE DIDN'T SEEK THAT.

OKAY.

THE LAST IS JUST A COMMENT.

AS I WAS READING THIS CASE AND GOING THROUGH EVERYTHING, IT SEEMS TO ME THAT SHE'S KIND OF GETTING AHEAD OF WHAT WE'RE TRYING TO DO BECAUSE IT SEEMS AS THOUGH SHE'S OPEN TO DEDICATING LAND FOR GREEN SPACE AND SHE'S, UH, TRYING TO DO THE THINGS THAT, UH, IMPROVE THE COMMUNITY, UH, WITH MAKING IT A GATED COMMUNITY, ET CETERA, THOSE VARIOUS THINGS.

AND THEN GREEN SPACE WITHIN THE COMMUNITY.

UH, WOULD YOU AGREE WITH THAT, UH, PERCEPTION THAT I HAVE THAT SHE'S AHEAD? BECAUSE THE CASES THAT WE'VE SEEN SINCE I'VE BEEN HERE, NOT VERY MANY PEOPLE HAVE COME, UH, DEDICATING LAND AND DOING THOSE TYPES OF THINGS.

IT, IT IS A MIXTURE OF GETTING AHEAD, BUT ALSO CATCHING UP.

A LOT OF THOSE COMMENTS CAME DURING YOUR PUBLIC MEETINGS, DURING YOUR COMMENTS, DURING THE CITY COUNCIL MEETINGS, FOLLOW UP WITH STAFF.

SO IT'S WHAT SHE'S HEARING, SHE'S GOING BACK TO THE BOARD AND TRYING TO COMPLY WITH THOSE REQUESTS AT THE DIFFERENT STAGES THAT I SHOWED YOU OF, OF OUR PLAN.

OKAY.

THANK YOU.

UH, THIS, THIS PROPERTY IS GONNA BE DIFFERENT THAN SOME OF THE ONES.

ALL OF 'EM ARE NOT GONNA HAVE 2.3 ACRES THAT ARE NEXT TO A DRAINAGE CHANNEL THAT'S PROBABLY GONNA BE UNDEVELOPABLE BY THE APPLICANT ANYWAY.

AND SO THIS JUST MADE IT FEASIBLE FOR THAT POSSIBILITY TO OCCUR BECAUSE IT'S NOT AN AREA THAT WAS GOING TO BE BUILDING HOMES ON IT.

MS. BROOKS, GOOD EVENING, MR. BREWER.

I JUST WANNA MAKE SURE I'M CLEAR ON THE, THE GREEN SPACE WITH THE WALKING TRAIL, IT'S THE EXPECTATION THAT THE EXISTING TRAIL, THE ROY OR IS GOING TO CONNECT ACROSS WINTERGREEN TO CONNECT TO THIS WALKING TRAIL THAT THE APPLICANT IS PROPOSING? YES.

AS I SPOKE EARLIER, THE TRAIL ITSELF STOPS JUST ON THE SOUTH SIDE.

THAT'S THE TRAIL RIGHT THERE.

MM-HMM.

.

SO IT GOES ALL THE WAY UP TO KIND OF THE RIGHT OF WAY, LINE OF WINTERGREEN.

NOW THE, THE LATEST PLAN THAT PARK AND RECOMMENDATION HAVE IS A 2020 PLAN.

SO THEY HAVEN'T NECESSARILY STUDIED THIS, UH, POSSIBILITY THAT ZONING STAFF IS TRYING TO SET UP TO TAKE IT THROUGH, BUT THEY'RE ALSO NOT AWARE OF WHAT'S BEING HAPPENING UP HERE AT DANIEL DALE, WEST OF WEST MOLAND THAT THE CONVERSATIONS WE'VE ALREADY HAD AND EVEN THE CITY HAS HAD, UM, WITH THAT PROPERTY OWNER, BECAUSE I THINK THERE IS A, UM, IS IT A TURD? WHAT, WHAT'S IT CALLED? WHAT IS IT CALLED? TOURISTS? YES.

THE CITY ALREADY HAS A CONTRACT OR, OR AN AGREEMENT ESTABLISHED WITH THAT DEVELOPER, WHICH HAS CERTAIN REQUIREMENTS IN IT.

AND ONE OF THE REQUIREMENTS IS TO HAVE A TRAIL SYSTEM.

[00:30:01]

AND WE'RE TALKING UP IN THE WILDWOOD AREA.

MM-HMM.

.

SO IF WE'RE TALKING ABOUT WHEN YOU, WHEN YOU REALIZE WHEN YOU GO UP, THIS IS A THORN TREE HERE.

WHEN YOU GO UP A LITTLE BIT FURTHER, YOU ARE AT THE BASE OF HOMESTEAD EAST ONE AND TWO.

THEN THAT SUBDIVISION GOES TO THE WEST TO HOMESTEAD DANIELDALE PHASE THREE, WHICH GOES TO THE NORTH PHASE TWO.

AND THE PHASE ONE IS ALREADY HAD BEEN CONSTRUCTED THAT BORDERS DANIELDALE.

SO IT'S JUST A VISION THAT A TRAIL SYSTEM, UM, LET ME ALSO ADD AT THE CORNER OF DANIEL DALE AND WESTMORELAND, THAT'S SUPPOSED TO BE A COMMERCIAL STRIP, UH, FOR WILDWOOD.

SO IT'S, IT'S THOUGHT TO COME DOWN.

IT'S A CHANNEL THAT COMES DOWN THAT WEST SIDE, EAST SIDE OF THE RESIDENTIAL AREA, WEST SIDE OF THE COMMUNITY, THAT THAT TOURS IS REQUIRING A, THE DEVELOPER AT HIS COST TO PUT IN A TRAIL SYSTEM.

SO THAT TRAIL WOULD PROBABLY GO OVER AND DEAD END AT WESTMORELAND, AND THEN THE CITY ITSELF WOULD'VE THE POTENTIAL TO HAVE A CONNECTION OF THAT WITH THIS ONE IF IT'S, UM, IF IT'S MADE POSSIBLE.

SO WHAT I'M GETTING AT IS SINCE I'VE BEEN ON THIS COMMISSION, I THINK EVERYONE KNOWS I'M A STRONG ADVOCATE FOR PEDESTRIAN SAFETY AND IF ENCOURAGING A CONNECTION ACROSS WINTER GREEN, WHICH IS CURRENTLY, UH, ALWAYS STOP CONTROL TO THE WEST, RIGHT.

A FOUR-WAY INTERSECTION.

RIGHT.

STOP SIGNS THERE.

SO IF THERE'S A RECOMMENDATION TO DO SOMETHING TO, UM, ENHANCE SAFETY FOR PEDESTRIANS AT THAT CROSSING, WHO WOULD BE RESPONSIBLE FOR THAT? AND I'M SPECIFICALLY THINKING ABOUT, UH, THE CITY, A TRAFFIC SIGNAL.

THE CITY, THE CITY WOULD BE RESPONSIBLE, RIGHT? SO WE ARE RECOMMENDING A TR THAT SHE PROVIDE THIS TRAIL THAT COULD CONNECT TO THE ROY OR, BUT WE WOULD BE PUTTING OURSELVES ON THE HOOK TO DO SOMETHING TO ENHANCE SAFETY FOR THAT CROSSING FOR PEDESTRIANS.

IS THAT WHAT I'M HEARING? I WOULD SAY SO, YES.

OKAY.

IT WILL PROBABLY COME ABOUT WHEN THE CITY LOOKS AT WIDENING WINTER GREEN IN THAT SECTION, BUT RIGHT NOW THE CITY HAS COMMITMENTS WITH DALLAS COUNTY FOR THE WIDENING OF DANIELDALE, WESTMORELAND PLEASANT RUN AND, UH, HAMPTON ROAD.

SO RIGHT NOW, UM, WIND, WINTER GREEN PLUS THAT INTERSECTION, WHICH WOULD NEED SIGNALIZATION MM-HMM.

WOULD BE DONE.

UH, I CAN'T GIVE YOU ANY FORECAST OF WHEN THAT WOULD BE FINANCIALLY FEASIBLE FOR THE CITY TO UNDERTAKE THAT, AS WELL AS THE CITY HAS THE MACAU AND AQUATIC CENTER.

SO IT HAS A LOT OF PROJECTS ON THE BOOKS RIGHT NOW, BUT WHEN THEY WOULD DO THAT, YES.

IT'LL PROBABLY, IT'LL BE A PART OF, OF THAT PROJECT.

OKAY.

THANK YOU.

MM-HMM, .

ALRIGHT.

COMMISSIONERS, ANY OTHER QUESTIONS, MR. BELL AND THEN MS. CAESAR? YES, SIR.

MR. BREWER, UM, WILL THE CITY BE TAKING ON THE RESPONSIBILITY AND THE LIABILITY FOR THAT TRAIL AFTER THE APPLICANT? YES SIR.

IT BECOME PUBLIC PROPERTY.

ALRIGHT, THANK YOU.

MM-HMM, MY QUESTION, MR. BREWER, UM, WHO TAKES RESPONSIBILITY FOR THE MAINTENANCE OF THIS PARK, THE PUBLIC PARK? IS THAT A PART OF THE CITY'S DUTIES FROM HERE ON OUT ONCE IT'S CONSTRUCTED? YES, IT'D BECOME LAND DEDICATED TO THE CITY.

UH, IT WOULDN'T BE DEDICATED TO THE HOA, UM, NOBODY THERE WOULD BE PAYING TAXES ON IT.

IT'LL BE CITY OWNED PROPERTY SIMILAR TO OUR OTHER PARKS THAT WE HAVE THROUGHOUT THE CITY.

MAINTAIN MAINTENANCE OF IT WOULD FALL UNDER OUR PARKS AND RECREATION DEPARTMENT, UH, DEPENDING ON HOW MUCH THEY HAVE TO DO.

NOW, IT MAY HAVE TO BE CONTRACTUAL WORK THAT'S OUT, BUT THE CITY WOULD HAVE TO MAINTAIN IT LIKE THEY DO OTHER SECTION OF THE ROYAL TRAIL FROM BEGINNING TO END.

MR. , THANK YOU.

I THAT WAS ONE THING THAT I WANTED YOU TO, TO UM, MAKE SURE THAT WE UNDERSTOOD.

THIS IS NOTHING DIFFERENT.

THIS IS WHAT THE CITY DOES FOR THOSE PARKS AND THOSE DEDICATED LANDS RIGHT NOW, CORRECT? YES SIR.

OKAY.

EVERY RESIDENTIAL DEVELOPMENT PROJECT, WE HAVE A SEPARATE REGULATIONS IN OUR CODE OF ORDINANCE THAT ESTABLISHES THIS PARK LAND DEDICATION FEE.

THE CHOICE IS EITHER DEVELOPER WOULD DEDICATE LAND FOR PUBLIC USE OR PAY $500 PER LOT TO THE CITY FOR ITS USE IN CREATING A PARK SYSTEM SOMEWHERE.

SO THIS IS NOT NEW, IT'S JUST THAT THE LIGHT JUST WENT OFF LATE IN THE PROCESS AND THAT'S WHEN IT WAS APPROACHED TO THE DEVELOPER.

WHAT ABOUT THIS POSSIBILITY? AND IT, IT ACHIEVES ONE OF THE CITY'S GOALS

[00:35:01]

TO EXPANDS ROYAL TRAIL, NOT AT THE CITY'S EXPENSE.

THE OTHER QUESTION I HAVE FOR YOU, IF YOU COULD, I'VE ONLY BEEN IN CLUB PARK ONCE AND I CAN'T REMEMBER IF THEY HAVE ALLEYS OR A FRONT ENTRY GARAGES.

DO YOU KNOW NO ALLEYS CORRECT? AM I PERMITTED TO SAY ANYTHING OR ASK ANY QUESTIONS OR ANSWER THAT QUESTION FOR THE BENEFIT OF THE COMMISSION, WE DO NOT HAVE ALLEYS.

WE HAVE FRONT FACING AND J SWING GARAGES IN CLUB PARK AND JUST, WE ALSO HAVE WALLS ON THREE SIDES, BUT NOT FOUR SIDES OF OUR COMMUNITY SIMILAR TO THIS PROPOSAL.

AND I JUST WANT TO MAKE SURE IT'S CLEAR FOR THE RECORD THAT THE ASSISTANT CITY ATTORNEY ACKNOWLEDGING THE AFFIRMATIVE THAT IT WAS OKAY FOR MR. SHELLEY TO SHARE THAT INFORMATION, UH, WITH US COMMISSIONERS.

UH, IS THERE ANY OTHER QUESTION OR COMMENTS? I HAVE ONE MORE, ONE MORE QUESTION ON THE CONCEPT PLAN.

SHOULD STAFF PR SUPPORT, I MEAN, SHOULD THIS COMMISSION SUPPORT STAFF'S RECOMMENDATION, WOULD WE BE ALLOWED TO REMOVE THE RECOMMENDATION FOR THE TRAIL OR WOULD WE BE APPROVING OR SUPPORTING AS THE CONCEPT PLAN IS LAID OUT? IT'S, IT'S YOUR CHOICE HOW YOU MAKE YOUR MOTION.

OKAY.

MOTION TO APPROVE AS PRESENTED MOTION TO APPROVE WITH THE CONDITION X, Y, Z.

IT'S YOUR MOTION STAFF GIVES YOU ITS RECOMMENDATION.

WHOEVER MAKES THE MOTION.

FIRST IS, IS THE, UH, CARRY OF THE MOTION.

IF IT GETS SECOND, THEN IT'LL GET VOTED UPON.

MAYBE SOMEBODY ELSE THAT HAVE ANOTHER MOTION ALSO.

OKAY.

AND I JUST WANNA SHARE WITH THE COMMISSION, UM, JUST THE THOUGHT BEHIND PUTTING THE CITY ON THE HOOK FOR ALMOST A 700,000 RIGHT NOW.

WHO KNOWS HOW MUCH A TRAFFIC SIGNAL WILL BE WHEN IT'S ACTUALLY BUILT OR IMPLEMENTED.

UM, ENCOURAGING A CROSSING THAT IT'S NOT, WOULD NOT BE CURRENTLY SAFE FOR PEDESTRIANS.

IT'S NOT, UH, FEASIBLE RIGHT NOW, IN MY OPINION.

MR. MR. REVENUE, MR. BREWER.

THE TRAIL, THE LAND, THE MOTION COULD BE MADE WITH THE LAND STILL BEING DEDICATED TO THE CITY WITHOUT THE TRAIL BEING PUT THERE UNTIL THE CITY IS PREPARED TO DO ALL THE THINGS THAT ARE NECESSARY FOR THE SAFETY.

CORRECT? OR NO, IT WOULD NEED TO BE PUT IN WITH THE DEVELOPMENT.

OKAY.

OR THE CITY WOULD HAVE JUST VACANT LAND.

OKAY.

IF YOU DON'T PUT THAT REQUIREMENT AS SUBMITTED WITH THE PLAN.

OKAY.

BUT I, BUT I BELIEVE WHAT I'M HEARING COMMISSIONER BROOKS IS TALKING ABOUT, IT'S OUTSIDE OF THE DEVELOPMENT SITE.

SHE'S REFERRING TO IMPROVEMENTS TO WINTERGREEN AND PARTICULARLY THE INTERSECTION OF WINTERGREEN AND WEST MOLIN WHERE SIGNALIZATION IS NEEDED BUT DOESN'T EXIST NOW.

AND IF WE'RE TALKING ABOUT A CROSSOVER, SOME TYPE OF SAFETY MECHANISM WOULD NEED TO BE PUT THERE.

UH, AT, AT SOME POINT.

MAY I, IF I'M CORRECT IN WHAT I KNOW ABOUT THIS TRAIL, WHEN YOU CROSS GOING TO THE EAST, IT LOOKS LIKE THE TRAIL DEAD END INTO A CUL-DE-SAC.

THERE IS, UM, OH, YOU'RE TALKING ABOUT THE PROPOSAL.

I'M TALKING ABOUT THE, THE, THE PRESENT TRAIL.

RIGHT NOW IT GETS INTO THE CUL-DE-SAC AND THEN THERE'S VACANT LAND FROM THAT CUL-DE-SAC OVER TO WINTER GREEN.

SO IF SHE WERE TO PUT THE THING, IT REALLY DOESN'T PROMOTE PEOPLE GOING OUT OF THE CUL-DE-SAC ACROSS THE LAND CROSSING THE STREET TO GO OVER TO THE, THE TRAIL.

UNLESS THE PARKS AND RECREATION IS GONNA COME AND OPEN UP THAT CUL-DE-SAC FOR THEM TO CONTINUE WALKING.

I MAY BE AT THE WRONG, UH, THERE'S NOT, THIS IS NOT A ROAD HERE ON THE SOUTH SIDE.

THE TRAIL JUST ENDS RIGHT IN THE RIGHT OF WAY GRASS AREA BEFORE YOU GET TO WINTER GREEN.

THIS IS NOT A, A ROAD HERE, THAT'S THE TRAIL TRAIL.

BUT I'M SAYING IF I SEEN IT, IT LOOKS LIKE IT'S A CUL-DE-SAC DOWN THERE THAT IT WALKS.

IT JUST GOES INTO THERE ARE NO HOUSES THERE.

YEAH, NOTHING IS THERE.

IT JUST ENDS.

YEAH, THAT WAS THE, SO I GUESS WHAT I'M VISUALIZING FUTURE EXPANSION, I COULDN'T SEE PEOPLE WALKING ACROSS THE LAND TO WALK ACROSS THE ROAD TO CONTINUE THE TRAIL.

BUT WHAT I DO SEE IS THAT THE RESIDENTS THAT LIVE THAT WOULD LIVE AT THE NEW COMMUNITY MIGHT USE IT MORE.

SO THAT'S UNTIL THE CITY WERE TO MAKE IT CONTINUOUS BY CONNECTING THE TWO.

AND THE SO DO WE KNOW IF THEY'RE GOING TO CONNECT THE TWO IMMEDIATELY? I THINK THAT'S ANOTHER DISCUSSION.

OKAY.

WE'RE, THIS IS NOT A PART OF THE CITY'S TRAIL SYSTEM.

I MEAN,

[00:40:02]

HOW THE EXISTING ONE, I CAN ONLY SPEAK ON WHAT STAFF SEES, IS AN OPPORTUNITY TO COMPLY WITH THE PARKLAND DEDICATION AREA THAT IDENTIFIES THAT A DEVELOPER IS TO DO EITHER ONE OR THE OTHER.

THEY'RE ATTEMPTING TO DO ONE, WHICH IS TO DEDICATE TO LAND, WHICH IS IN OUR ORDINANCE.

THAT IS THE REGULATION THAT'S ESTABLISHED.

THIS IS NOT SOMETHING NEW THAT WE'RE TRYING TO CREATE.

IT IS ESTABLISHED THAT THIS IS THE, THE MANDATE THAT HAS BEEN APPROVED BY CITY COUNCIL, THAT A PARK PLAN WILL BE EITHER DEDICATED OR FEE PAID.

SO THAT CHOICE IS THERE AND THIS APPLICANT IS, IS CHOOSING TO DEDICATE LAND TO MEET THAT REQUIREMENT.

ALRIGHT.

AND SO AT THIS PARTICULAR POINT IN TIME, WE'RE GONNA PUT A PEN IN THE DISCUSSION.

THE TIME IS NOW SIX 40.

AND SO I WANNA MAKE SURE WE GET, UH, TO AT LEAST THREE OTHER ITEMS BEFORE OUR REGULAR SESSION BEGINS.

MR, WE HAVE ANOTHER? YES MA'AM.

MAY I JUST ASK THAT THE MEETING MINUTES REFLECT THAT I WASN'T ALLOWED TO PARTICIPATE EITHER IN FAVOR OF OR IN, IN OPPOSITION TO ASKING EVEN ANY QUESTIONS ABOUT THE ZONING MATTER OR A NOTICE ISSUE OR, I JUST WANT THE MINUTES TO REFLECT THAT THE, THE MEN'S WILL REFLECT THAT ALSO, UH, DURING THE REGULAR SESSION.

IF YOU WANT TO STEP DOWN AND GIVE COMMENTS AS A CITIZEN, BUT YOU CAN'T VOTE ON THE MATTER, THEN I, I THINK THAT WOULD BE PERMISSIBLE.

AND I THINK MR. BREWER HAS JUST A CLARIFICATION.

I THOUGHT OUR ATTORNEY WAS SAYING SHE COULD SPEAK AND, AND HAVE DISCUSSION.

CALEB IS, DID I MISUNDERSTAND YOU? WE'LL JUST READDRESS THIS IN THE MAIN SESSION SINCE WE'RE DONE WITH THIS NOW.

SO, RIGHT.

SO RIGHT NOW, RIGHT NOW THE, THE RULING OF THE CHAIR UNTIL I HEAR OTHERWISE FROM STAFF OR CITY ATTORNEY IS THAT DURING A REGULAR SESSION, MR. CHARLIE, IF YOU WANNA STEP DOWN AS A REGULAR CITIZEN, USE THREE MINUTES AS WE WILL GIVE ANY OTHER INDIVIDUAL AND STATE YOUR CONCERNS.

YOU MAY DO SO.

WHEN IT COMES TIME TO VOTING THOUGH, I WOULD HAVE YOU ABSTAIN UNLESS I HEAR OTHERWISE FROM THE CITY ATTORNEY, UH, THAT IT WILL BE PERMISSIBLE.

SO THAT THAT'S THE WAY WE'LL PROCEED.

AND IF WE NEED TO RECESS TO DISCUSS THE MATTER AT THAT TIME, WE'LL DO IT AT THAT TIME.

UH, BUT I DO WANT TO GET, UH, IT'S 6 42.

I WANNA GET TO THE OTHER HEARING THAT REQUIRES A PUBLIC HEARING.

YES SIR.

AND I, I BELIEVE FOR VICE CHAIR RAVENELL, I SAID MS. SMITH, DO YOU HAVE SOMETHING YOU WANT TO SAY AT THIS PARTICULAR POINT IN TIME? IF THE DETERMINATION IS MADE THAT SHE'S GONNA RECUSE HERSELF, I WOULD ADVISE AGAINST HER SPEAKING AS A PUBLIC CITIZEN AS WELL.

BUT UNTIL THAT DETERMINATION IS MADE, I DON'T THINK WE SHOULD MAKE OKAY.

SAY ONE WAY OR THE OTHER.

OKAY, FAIR ENOUGH.

THANK YOU.

BECAUSE I DO NEED TO SPEAK WITH HER IN RECESS JUST TO MAKE SURE I UNDERSTAND THE FACTS BECAUSE I WAS ONLY MADE AWARE OF THIS TWO MINUTES BEFORE THE MEETING BEGAN.

OKAY.

SO I HAVEN'T HAD A CHANCE TO TALK TO THE COMMISSIONER, WHICH I WOULD LIKE TO DO BEFORE WE MAKE ANY FINAL DETERMINATIONS.

OKAY? ALRIGHT.

AND YOU'LL, YOU'LL CERTAINLY HAVE THAT OPPORTUNITY.

OKAY, SO LET'S, UH, GET THROUGH THIS VERY QUICKLY SO WE CAN GET TO OUR PUBLIC HEARING.

SO LET'S, UH, DISCUSS ITEM G ONE, WHICH IS CONSIDERATION OF APPROVAL OF THE MINUTES FROM THE PLANNING ZONING REGULAR MEETING HELD ON OCTOBER 10TH, 2023.

COMMISSIONERS HAVEN'T REVIEWED THOSE MINUTES.

ARE THERE ANY ADDITIONS, DELETIONS, OR MODIFICATIONS YOU WOULD LIKE TO MAKE MR. RAVENELL? YES.

ON UH, ITEM NUMBER THREE PP 3 43 DASH 22.

IT SAID THAT WE APPROVE, BUT YET WE CON WE'RE CONTINUING THAT CASE TONIGHT.

IT WAS NOT APPROVED.

OKAY.

AND DID STAFF GET THAT, UH, MODIFICATION? RESTATE THAT IF YOU WOULD.

IT WAS CASE PP DASH 3 43 DASH 22.

IT SAYS THAT WE VOTED IN FAVOR OF, BUT YET WE VOTED IN FAVOR TO CONTINUE THAT CASE TONIGHT.

OKAY.

ALRIGHT.

THAT REC, THAT CORRECTION WILL BE MADE.

ANY OTHER CORRECTIONS? ALRIGHT, HEARING IS SEEING NONE.

AND BEFORE WE GET TO IT, DO WE HAVE A VOLUNTEER FOR THE PLEDGE TONIGHT, MR. RAVENEL? THANK YOU VERY MUCH.

NOW LET'S GET TO, UH, THE OTHER PUBLIC HEARING ON THE AGENDA SO WE CAN DISCUSS IT BEFORE THE REGULAR SESSION AND WHICH IS CONTINUE THE PUBLIC HEARING FROM SEPTEMBER 26TH AND OCTOBER 10TH, 2023.

PLAN HIS ZONING COMMISSION MEETINGS AND CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL FOR REQUEST TO OBTAIN A SPECIFIC USE PERMITT SUP IN ORDER TO ESTABLISH AN OPERATOR.

USE AUTO SALES ON A PROPERTY LEGALLY DEFINED AS BEING LOT 24 BLOCK C IN THE CLOVER HAVEN EDITION, UH, 1209 LINDON AVENUE.

THE APPLICANT IS JOSE C. GARCIA AND THE PROPERTY OWNERS ON MARA MIRANDA AND JORGE LUIS MONTOYA, MONTANA, UH, MARTINEZ.

AND THIS IS CASE NUMBER Z DASH 15 0 4 DASH 23.

MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING.

COMMISSIONER EZ WITH THE PLANNING DIVISION.

UH, CASE NUMBER Z 15 0 4 23 IS A SPECIFIC USE PERMIT REQUEST FOR USED AUTO CELLS.

THE SITE IS 0.37 ACRES AND IS CURRENTLY ZONED C COMMERCIAL ONE.

THE

[00:45:01]

PROPERTY IS LOCATED ON THE NORTH SIDE OF LINDON AVENUE AND THE EAST SIDE OF FRANKLIN AVENUE.

IT IS ADDRESSED THE 12 4 4 9 LINDON AVENUE.

THIS IS THE AREA AND THE, UM, LOCATION MAP FOR THE SITE.

THE SITE IS CURRENTLY VACANT AND, UH, PROPERTIES TO THE NORTH, SOUTH, EAST AND WEST ARE VACANT UNDER SOUND COMMERCIAL ONE.

THE FUTURE LAND USE PLAN IDENTIFIES THIS SITE IS SUITABLE FOR COMMERCIAL USES AND THE PROPOSED USED AUTO CELL IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2015 COMPREHENSIVE PLAN.

THE SUBJECT SITE IS ACCESSED FROM LINDON AVENUE AND LINDON AVENUE IS LOCATED, IS NOT SHOWN IN THE ON THE MASTER PLAN.

2015 SECTION 35.2 OF THE ZONING REGULATIONS STATES WHAT THE COMMISSION AND THE CITY COUNCIL SHOULD CONSIDER WHEN, WHEN APPROVING SPECIFIC USE PERMITS.

THESE ITEMS ARE WHETHER THE USES IN IN HARMONY AND COMPATIBLE WITH THE SURROUNDING EXISTING USES, WHETHER THE USES NORMALLY ASSOCIATED WITH THE PERMITTED USES IN THE BEST, BEST DISTRICT, WHETHER THE NATURE OF THE USE IS REASONABLE OR WHETHER THE MITIGATION OF NEGATIVE IMPACTS TO THE SURROUNDING AREAS, AS WELL AS THE CONDITIONS THAT ENSURE THAT THE INTENT OF THE DISTRICT PURPOSES ARE BEING UPHELD.

THE REQUEST THAT THE USED AUTO CELLS IS, IS ASSOCIATED WITH AUTO AUTOMOBILE AND RELATED USE IN COMMERCIAL DISTRICT ONE.

THE USE IS ALSO COMPATIBLE WITH THE EXISTING AND SURROUNDING USES IN, IN THE GENERAL AREA.

THE USE UPHOLDS THE INTENT AND THE PURPOSE OF THE DISTRICT.

AS SUCH, THE REQUESTED USE MISS THE SECTION 35.2 REQUIREMENTS THAT I'VE JUST STATED.

AND ON SEPTEMBER 8TH, 2023, NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN FOCUS DAILY NEWS AND 36 NOTIFICATION LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400.

UM, FEET OF THE SUBJECT SITE WERE, WERE MAILED OUT AS OF OCTOBER 10TH, 2023.

STAFF RECEIVED TWO LETTERS IN OPPOSITION TO THIS SUP REQUEST AND ON SEPTEMBER, 2023 THE APPLICANT UH, REQUESTED THAT THIS PUBLIC HEARING BE CONTINUED TO OCTOBER 10.

AND ON OC OCTOBER 10, THE APPLICANT AGAIN REQUESTED THAT THIS, UM, ITEM BE CONTINUED TO THIS DAY.

AND AS OF, UH, TODAY WHILE THE, UM, REQUEST MISS THE USED AUTO SALES, THE PLANS STILL DON'T MEET OUR REQUIREMENTS FOR SITE PLAN, LANDSCAPE PLAN AS WELL AS ELEVATION PLANS.

STA STAFF THEREFORE RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION TO CITY COUNCIL, OFFER PROOF OF THE SITE PLAN ON CONDITION THAT NO BUILDING PERMITS WILL BE ISSUED BEFORE UPDATED PLANS HAVE BEEN SUBMITTED AND APPROVED BY THE PLANNING DIVISION.

THIS IS THE, UM, SITE PLAN AS YOU CAN SEE, THAT, UH, THIS SITE PLAN ALMOST LOOKS LIKE THE LANDSCAPE PLAN AND, UH, INFORMATION THAT WE REQUIRE THAT IS SUPPOSED TO BE SHOWN ON A SITE PLAN IS NOT SHOWN BECAUSE WHAT HAPPENS WITH, UM, SPECIFIC USE PERMITS ONCE A SITE PLAN IS APPROVED BY, BY BY RECOMMENDED FOR APPROVAL AND APPROVED BY CITY COUNCIL, THAT IS IT.

THEY CANNOT GO BACK.

WHATEVER IS APPROVED IS WHAT WILL BE ON ON RECORDS.

AND THAT IS WHAT ALSO WHAT THAT, THAT IS THE SITE PLAN THAT THEY WILL ALSO USE TO GET THEIR BUILDING PERMIT.

SO WE NEED TO MAKE SURE THAT, UH, BEFORE A SITE PLAN IS APPROVED WITH AN SUP, IT MEETS THE CITY REQUIREMENTS.

SO WE DO HAVE A CHECKLIST THAT APPLICANTS ARE SUPPOSED TO FOLLOW AND, UH, STAFF HAS BEEN HAVING ISSUES, UH, GETTING THE PROJECT ENGINEER TO DO WHAT THEY'RE SUPPOSED TO DO.

AND AS I SAID, AGAIN, THIS IS THE, UM, SUBMITTED SITE PLAN AND AS YOU CAN SEE THAT, UH, THIS IS JUST A CHANGE.

WE ARE JUST SEEING A CHANGE IN THE, UM, THE LABEL RIGHT HERE.

BUT EVERYTHING IS THE SAME AS THE SITE PLAN.

BUT THIS IS SUPPOSED TO BE A LANDSCAPE PLAN BECAUSE WITH THE LANDSCAPE PLAN WE ARE SUPPOSED TO KNOW THE TREES OR WHATEVER SHRUBS THAT THEY'RE USING SO THAT WE CAN KNOW WHAT WE ARE PROVING.

BUT, UH, LIKE I SAID AGAIN, BECAUSE THE APPLICANT, THE PROJECT ENGINEER HAS NOT BEEN, YOU KNOW, HELPFUL IN TERMS OF GIVING OUR STAFF INFORMATION THAT WE NEED, WE ARE GETTING WHAT WE ARE GETTING RIGHT NOW.

AS YOU CAN ALSO SEE THAT, UH, WITH THE FACADES, YES WE CAN SEE THE, THE BUILDING LIKE UH, THE COLORS AND THE MATERIALS AND ALL THAT, BUT MOST OF THIS INFORMATION IS THE INFORMATION THAT WE HAD ON THIS, UM, LANDSCAPE PLAN AS WELL AS THE SITE PLAN PLAN, SITE PLAN.

AND THEN

[00:50:01]

THAT'S THE CHANGE IN LABELING.

SO THAT'S, THOSE ARE SOME OF THE ISSUES THAT WE HAVE BEEN HAVING WITH THE, WITH THE, WITH THE ENGINEER.

I'VE, MR. JUAN HAS BEEN WORKING ON THIS PROJECT AND I TOOK IT OVER LAST WEEK.

SHE WAS ON VACATION, BUT I COULDN'T GET RESPONSE FROM THE, FROM THE ENGINEER AFTER I EVEN GAVE THEM ROOM TO TRY AND, YOU KNOW, SAY, YOU KNOW, WE NEED TO WRAP UP THIS AND UH, STILL TRYING TO WORK WITH THE ENGINEER IS NOT REALLY MATERIALIZED UP TO THIS POINT.

THAT'S WHY STAFF IS RECOMMENDING THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL SUBJECT TO THESE PLANS BEING UPDATED AND APPROVED BY THE PLANNING DIVISION BEFORE THEY CAN GET ANY BUILDING PAYMENTS.

BECAUSE IN GENERAL THIS, UM, ACCORDING TO OUR ASSESSMENT, THE USE WHERE THEY ARE PROPOSING IT AND THE SURROUNDING USES IT MEETS THE REQUIREMENTS THAT YOU ARE SUPPOSED TO LOOK AT DESPITE, YOU KNOW, THE PLANS THEMSELVES NOT MEETING THE REQUIREMENTS OF THE DIVISION.

SO I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.

ALRIGHT, THANK YOU VERY MUCH COMMISSIONERS.

WHAT I'M GONNA ASK IS THAT YOU HOLD ON TO ANY QUESTIONS THAT YOU HAVE.

UH, WHAT I'M GOING TO DO RIGHT NOW IS I'M GOING TO ADJOURN OUR WORK SESSION.

IT'S 6 51 SO THAT WE CAN HAVE CERTAIN DISCUSSIONS PRIOR TO OUR REGULAR SESSION.

UH, SO AGAIN, IT IS NOW 6 51, WE'RE ADJOURNING THE WORK SESSION.

WE WILL START THE REGULAR SESSION PROMPTLY AT 7:00 PM THANK YOU.

GOOD EVENING LADIES.

MR. GENTLEMEN,

[C. REGULAR SESSION - CALL TO ORDER]

THE TIME IS NOW 7:00 PM TODAY IS TUESDAY, OCTOBER 24TH, 2023.

WE WANT GO AHEAD AND CALL UH, THE REGULAR SESSION OF DESOTO PLANNING, ZONING, COMMISSION MEETING TO ORDER.

AND WE WILL START OFF

[D. PLEDGE OF ALLEGIANCE]

WITH THE PLEASURE OF ALLEGIANCE LED BY VICE CHAIR ELL, IF YOU PLEASE STAND.

I PLEASURE, PLEASURE.

ALLE REGIS TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

YOU MAY BE SEATED AGAIN, THIS MEETING HAS BEEN CALLED TO ORDER.

WE DO HAVE A QUORUM.

WE HAVE COMMISSIONER BELL, COMMISSIONER CAESAR, UH, VICE CHAIR, RAVENELL, COMMISSIONER BROOKS, UH, COMMISSIONER BERRY, MYSELF, THEO PUGH.

AND I DO KNOW THAT MR. SHE, UH, COMMISSIONER CHELLI WILL BE JOINED US SHORTLY.

UH, WE WILL GO AHEAD AND GET STARTED.

AND GO AHEAD MS. MUN.

YES, I REQUESTED BEFORE IF WE CAN HAVE THE PUBLIC HEARINGS, BOTH OF THEM TO THE END AND CLEAR THE REGULARS.

UM, REGULAR ITEMS FIRST.

OKAY, THANK YOU.

SO BASED, THANK YOU VERY MUCH.

SO BASED ON STAFF'S UH, UH, REQUESTS, WE WILL PUSH THE PUBLIC HEARINGS TO THE END.

WE'LL PROCEED WITH OUR REGULAR SESSION.

UH, SO

[1. Consider approval of minutes from the Planning and Zoning Regular Meeting held on October 10, 2023.]

THE FIRST ITEM, UH, UNDER G ONE IS CONSIDERED APPROVAL OF THE MINUTES FROM THE PLANNING ZONING, UH, REGULAR MEETING HELD ON OCTOBER 10TH, 2023.

UH, I KNOW MR. RAVENELL HAD A RECOMMENDATION UH, DURING THE WORK SESSION, UH, THAT CITY STAFF HAS ALREADY ADDRESSED.

ARE THERE ANY OTHER ADDITIONS, DELETIONS, OR MODIFICATIONS TO THE MINUTES DATED OCTOBER 10TH, 2023? ALRIGHT, HEARING AND SEEING NONE, IS THERE A MOTION FOR APPROVAL? SO MOVED.

IT HAS BEEN MOVED BY COMMISSIONER RAVENELL.

IS THERE A SECOND? A SECOND BY COMMISSIONER CAESAR.

ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

ALL OPPOSED.

DUE THE SAME AND SAY NAY.

UH, MOTION CARRIES SIX ZERO.

NEXT ITEM ON THE AGENDA

[2. Consider approval of the Replat of Lot 1 in Block A of Commerce and Business Center of DeSoto LLC., subdividing one (1) platted lot into two (2) platted lots (with said Replat to be titled Lots 1A and Lot 1B, Block A of Commerce & Business Center of DeSoto, Inc. The applicant and owner is Fort Box LLC. (Case # FP-1246-23). ]

UNDER G TWO IS CONSIDERED APPROVAL OF A REPL OF LOT ONE AND BLOCK A OF COMMERCE AND BUSINESS CENTER OF DESOTO LLC SUBDIVIDING ONE PLATTED LOT INTO TWO PLATTED LOTS WHICH SAID RE PLAT TO BE TILTED LOTS ONE A AND LOT ONE B BLOCK A OF COMMERCE AND BUSINESS CENTER OF DESOTO INC.

THE APPLICANT OWNER IS FORD BOX LLC AND THIS IS CASE NUMBER FP 1246 DASH 23.

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

COMMISSIONER RAD WITH THE PLANNING DIVISION.

CASE NUMBER FFP 12 46 23 IS A REPL OF COMMERCE AND BUSINESS CENTER OF DESOTO LLC SUBDIVIDING ONE LOT INTO TWO LOTS.

THE SITE IS A TOTAL OF 4.5 ACRES AND IS CURRENTLY ZONED PD 1 42 WITH GENERAL RETAIL IS THE BEST.

SO THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF ISRAEL DRIVE AND WEST SIDE OF HAMPTON ROAD.

THIS IS THE LOCATION MAP AND THE UH, AREA MAP.

THE CURRENT APPLICATION IS A REQUEST TO SUBDIVIDE ONE LOT INTO TWO LOTS.

ACCESS TO THIS PROPOSED LOT WILL BE FROM ISRAEL

[00:55:01]

DRIVE.

THE APPLICANT WILL BE RESPONSIBLE FOR ALL UTILITIES AND INFRA INFRASTRUCTURE NECESSARY FOR THE DEVELOPMENT OF THE SITE.

THE REPL MEETS THE REQUIREMENT OF THE CITY ZONING AND SUBDIVISION ORDINANCES AND THIS IS THE PROPOSED PLOT.

SO THIS PROPERTY WAS ONE LOT AND NOW THEY ARE SUBDIVIDING IT INTO TWO WITH THIS AS ONE LOT AND THIS ONE IS THE SECOND LOT.

STAFF RECOMMENDS THAT THE COMMISSION APPROVED THE REPL OF COMMERCE AND BUSINESS OF THE SORT LLC SUBDIVIDING ONE LOT INTO TWO LOTS.

CASE NUMBER FFP 12 46 23.

AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU VERY MUCH COMMISSIONERS.

ARE THERE ANY QUESTIONS? OKAY, HEARING IS SEEN DONE.

IS THERE A MOTION? YES.

CHAIRMAN, I WOULD LIKE TO MOVE THAT WE APPROVE CASE NUMBER FP 1 12 46 DASH 23, UM, ACCORDING TO STAFF'S RECOMMENDATIONS.

OKAY, THERE'S BEEN A MOTION TO APPROVE LP 1 24 6 DASH TWO THREE.

IS THERE SECOND? SECOND, MR. CHAIR.

IT'S BEEN SECONDED BY COMMISSIONER CAESAR.

UH, IS THERE ANY UNREADINESS? ALL THOSE IN FAVOR RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

ALL THOSE OPPOSED DO THE SAME AND SAY NAY.

MOTION CARRIES SIX ZERO.

WE'LL

[3. Consider approval of a replat of The Mark at DeSoto, subdividing one (1) platted lot into two (2) platted lots. The property is legally described as being The Mark at DeSoto Lot 3 Block A and is addressed as 620 Beltline Rd. The applicant is Waylon Longino and owner Noble DeSoto LLC. (Case FP-1248-23)]

NOW GO ON TO ITEM G UH, THREE ON THE AGENDA, WHICH IS CONSIDERED APPROVAL OF A RELA OF THE MARK AT DESOTO SUBDIVIDING ONE PLATTED LOT INTO TWO PLATTED LOTS.

THE PROPERTY IS LEGALLY DESCRIBED AS BEING THE MARK AT DESOTO LOT THREE BLOCK A AND IS ADDRESSED AS UH, SIX 20 BELINE ROAD.

THE APPLICANT IS WAYLON LONGINO AND THE OWNER IS NOBLE DESOTO.

LLC.

THIS IS CASE NUMBER FP DASH 1248 DASH 23.

MAY WE HAVE OUR STAFF REPORT PLEASE? YES.

CASE NUMBER, CASE NUMBER FP 12 48 23 IS A REPORT OF THE MARKET DESOTO SUBDIVIDING ONE LOT INTO TWO LOTS.

THE SITE IS A, A TOTAL OF 1.41 ACRES AND IS CURRENTLY ZONED NEIGHBORHOOD SERVICES AND GENERAL RETAIL.

THE PROPERTY IS LOCATED ON THE SOUTH SIDE OF WEST BELTLINE ROAD AND EAST OF SIDE OF WESTMORELAND ROAD.

IT IS ADDRESS AS SIX 20 BELTLINE ROAD.

THIS IS THE AREA MAP AND AS WELL AS THE LOCATION MAP.

THE CURRENT APPLICATION IS A REQUEST SUBED ONE LOT INTO TWO LOTS.

ACCESS TO THE PROPOSED LOT WILL BE FROM BELTLINE ROAD.

THE APPLICANT WILL BE RESPONSIBLE FOR ALL UTILITIES AND INFRASTRUCTURE NECESSARY FOR THE DEVELOPMENT OF THE SITE.

THE REPL MEETS THE REQUIREMENTS OF THE ZONING AND SUBDIVISION ORDINANCES.

THIS IS THE, UM, THE PROPOSED PLOT, THE REPL.

SO THIS IS THE, THE CURRENT AS IT IS RIGHT NOW.

IT'S ONE ONE LOT, BUT THE APPLICANT IS REQUESTING THAT THEY SUBDIVIDE THIS LOT INTO TWO LOTS, FORMING THIS ONE SMALL LOT AND ONE BIG LOT STAFF RECOMMENDS THAT THEY ARE THE COMMISSION APPROVE THE REPORT OF THE MARKET DISORDER SUBDIVIDE IN ONE LOT INTO TWO LOTS.

CASE NUMBER FFP 12 48 23.

AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.

COMMISSIONERS, YOU HEARD THE REPORT OF STAFF? ANY QUESTIONS? HEARING AND SEEING NONE.

IS THERE A MOTION? COMMISSIONER BELL? I MAKE A MOTION TO MAKE A RECOMMENDATION TO CITY COUNCIL FOR APPROVAL AS PRESENTED.

OKAY, IT'S BEEN MOVED.

IS THERE A SECOND? JUST, JUST CORRECTION.

UH, MR NO, GO AHEAD.

IT DOESN'T GO TO CITY COUNCIL.

OKAY, SO YOU'RE JUST, YOU'RE RECOMMENDING THAT WE, WE ARE SAYING THAT WE WANT TO JUST APPROVE, UH, MR. CHAIR, I MAKE A RECOMMENDATION.

WE APPROVE AS PRESENTED.

OKAY.

AND THEN IT IS SECONDED BY COMMISSIONER BERRY.

UH, SO THERE'S BEEN A MOTION A SECOND THAT WE APPROVE CASE NUMBER FP 1 12 48 DASH 23 IS PRESENTED.

ALL THOSE IN FAVOR SAY AYE.

RAISE YOUR RIGHT HAND.

AYE.

AYE.

ALL THOSE OPPOSED DO THE SAME.

A MOTION CARRIES SIX ZERO.

WE'LL MOVE ON NOW TO

[4. Consider approval of a replat of Eagle Point Estates combining two (2) separate platted lots into one (1) platted lot. The properties are legally described as being Eagle Point Estates, Block A , Lots 11 and 12. The properties are addressed as being 1013 (Lot 11) and 1017 (Lot 12) Clifton Lane. The applicants and owners are Michael & Roxanne Howza. (Case No. FP-1244-23)]

ITEM G FOUR ON THE AGENDA, WHICH IS CONSIDERED APPROVE APPROVAL OF A REPL OF EAGLE POINT ESTATES.

COMBINING TWO SEPARATE PLATTED LOTS INTO ONE PLATTED LOT.

THE PROPERTIES ARE LEGALLY DESCRIBED AS BEING EAGLE POINT ESTATES BLOCK A LOTS 11 AND 12.

THE PROPERTIES ARE ADDRESSED AS BEING 10 13 LOT 11 AND 10 17 LOT 12 CLIFTON LANE.

THE APPLICANTS AND OWNERS ARE MICHAEL AND ROXANNE HAUSER.

UH, THIS IS CASE NUMBER FP DASH 12 4 4 DASH 23.

MAY WE HAVE OUR STAFF REPORT PLEASE? YES.

CASE NUMBER FP 4 45 23 IS A CASE NUMBER.

FP 4 45 23 IS A REPORT COMBINING TWO LOTS INTO TWO, INTO ONE LOT.

THE SITE WILL

[01:00:01]

BE 0.98 ACRES AND IS CURRENTLY ZONED PLAN DEVELOPMENT 1 0 8 WITH, UH, SINGLE FAMILY 20 AS THE BEST ZONING.

THE PROPERTIES LOCATED ON THE WEST SIDE OF CLIFTON ROAD, CLIFTON LANE AND THE PROPERTIES ARE ADDRESSED THERE.

13, 10 13 AND 10 17 CLIFTON LANE.

UH, UH, THE, THE PLOT THAT YOU SEE ON THE SCREEN IS THE PLOT THAT IS SHOWING HOW THESE TWO LOADS ARE RIGHT NOW.

THESE ONES IN YELLOW.

SO THESE ARE THE TWO LOTS THAT ARE BEING, UM, COMBINED TO FORM ONE LOT.

AND THE, THE ENGINEER ON THE ENGINEER WHO DID THIS ARE THE SURVEYOR WHO DID THIS.

PLA WILL NEED TO MAKE SOME CORRECTIONS ON THE PLA THAT WAS SUBMITTED.

AND THE CORRECTIONS ARE JUST THE, UM, EASEMENTS, THE EASEMENTS THAT ARE SHOWN IN YELLOW.

THEY NEED TO TO TO BE CHANGED.

SO THAT'S THE ONLY CORRECTION THAT NEEDS TO BE DONE.

HOWEVER, AS I HAVE STATED BEFORE, THIS IS THE, UM, A REQUEST TO COMBINE TWO LOTS INTO ONE LOT AND THE ACCESS TO THIS PROPOSED THAT TO THIS PROPOSED LOT WILL BE FROM CLIFTON LANE AND THE APPLICANT WILL BE RESPONSIBLE FOR ALL UTILITIES AND INFRASTRUCTURE NECESSARY TO DEVELOP THIS SITE.

THE REPL MEETS THE REQUIREMENTS OF THE CITY ZONING AND SUBDIVISION ORDINANCES.

THIS IS THE, UH, NEW, UM, PLOT THAT IS, UH, SHOWING THE COMBINATION OF THE TWO LOADS INTO ONE.

THESE ARE THE, UM, THIS IS, UM, DARD MAPS THAT ARE SHOWING THE, THE, THE LOCATION OF THE TWO LOADS.

STAFF RECOMMENDS THAT THE COMMISSION APPROVE THE REPL OF EQUAL POINT.

IT STATES COMBINING TWO LOTS INTO ONE LOT SUBJECT TO THE EASEMENT INSTRUMENT CHANGES AS HIGHLIGHTED IN THE PREVIOUS, UM, SLIDE.

THE SLIDE THAT I WAS TALKING ABOUT.

UH, UH, THE EASEMENTS THAT ARE THE ENGINEER NEEDS TO, TO CHANGE.

THAT'S THE ONLY THING THAT NEEDS TO BE CHANGED.

BUT THIS CAN BE DONE BEFORE UH, THE PLOT IS RECORDED AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.

ALRIGHT, THANK YOU VERY MUCH MR. RAVENEL.

GO AHEAD.

YES.

UM, THANK YOU FOR GOING BACK TO THAT SLIDE FIVE.

CAN YOU GO OVER AGAIN THE HIGHLIGHTS FOR ME? SO THIS IS EASEMENTS, THEY'RE NOT, UH, THE, THE INSTRUMENT, THE EASEMENT NUMBER IS JUST THE NUMBERS THAT ARE NOT CORRECT, THAT ARE THE, UM, SURVEYOR WILL NEED TO CORRECT.

WAS ONE OF THOSE EASEMENTS A DRAINAGE WAS THERE? YES.

RIGHT, RIGHT HERE.

BUT THAT DRAINAGE IS GOING TO BE REMOVED, ABANDONED BY THIS PLAT.

OKAY.

AND THE, UH, THE LANDOWNERS WOULD BE RESPONSIBLE FOR THAT MOVEMENT WHEN THEY, UH, DEVELOP THAT LAND? YES.

THIS IS ALL PRIVATE PROPERTY.

IT'S A RESIDENTIAL.

OKAY.

YES.

THANK YOU.

YES.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS MS. BROOKS? NO QUESTIONS.

OKAY.

ALRIGHT.

AND JUST FOR CLARITY, UH, 'CAUSE I KNOW THE FILE NUMBER IS FP DASH 1 2 4 5 DASH 23, UH, BUT IN THE BODY IT ALSO REFERENCED CASE NUMBER FP DASH 24 4 DASH 23.

SO I JUST WANT TO BE CLEAR THAT THE MOTION I'M CALLING FOR IS RE WITH RESPECT REGARDLESS OF FILE NUMBER FOR EITHER FP 1 2, 4 5 2 3 AND FP DASH 1 24 4 23 THAT THEY'RE ONE AND THE SAME.

SO WITH THAT BEING SAID, IS THERE A MOTION WITH RESPECT TO THIS PARTICULAR CASE, MS. BROOKS? I MOVE THAT WE FOLLOW STAFF RECOMMENDATION TO APPROVE THE LOT IN CASE NUMBER FP 1 2 4 4 DASH 23, UH, WHICH IS THE SAME AS CASE FP 1 24 5 DASH 23.

THANK YOU MA'AM.

IS THERE A SECOND? SO MOVED.

OKAY.

VICE CHAIR KNOW WHAT'S SAYING? ANY UNREADINESS? YES.

MS. ZER? YES.

MR. CHAIR.

UH, SHOULD WE NOT INSIDE THAT MOTION MAKE MENTION OF WHAT UH, BESTER SAID ABOUT THEM NEEDING TO CORRECT SOME THINGS ON HERE BEFORE IT'S ON THE PLAQUE.

I ENDED UP OKAY.

YEAH.

ALRIGHT, SO I'LL AMEND THE AMO, THE AMEND THE MOTION TO FOLLOW STAFF RECOMMENDATION OF APPROVAL TO APPROVE THE PLAT IN CASE NUMBER FP 1 12 44 DASH 23, UM, AND ENSURE THAT THE PLAT IS EDITED WITH THE CORRECTED INFORMATION BEFORE FILING.

OKAY.

AND DO YOU SECOND THAT AMENDED MOTION MR. RUBDOWN? YES, I MOVE.

OKAY.

SO THE AMENDED MOTION HAS BEEN MADE, HAS BEEN PROPERLY.

SECOND.

IS THERE ANY OTHER UNREADINESS? ALRIGHT,

[01:05:01]

HEARING AND SIN NONE.

ALL IN FAVOR SAY AYE.

AND RAISE YOUR RIGHT HAND.

A AYE.

ANY OPPOSED? DO THE SAME.

RAISE YOUR RIGHT HAND.

OKAY.

MOTION CARRIES SIX ZERO.

WE'LL NOW MOVE ON TO THE NEXT REGULAR ITEM AGENDA, WHICH IS ITEM G FIVE, WHICH IS CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL ON THE REVISED PP DASH 3 43 DASH 22 PRELIMINARY PLAT HOMESTEAD AT DANIEL FARMS. UH, PHASE THREE, LOCATED SOUTH OF WEST DANIELDALE ROAD AND WEST OF NORTHWEST MOLEN ROAD.

UH, NINE 20 WEST DANIELDALE ROAD AND 2051 NORTH NORTHWEST MORNING ROAD.

UH, CONTINUE FROM OCTOBER 10TH, 2023.

UH, PLANNING AND ZONING COMMISSION MEETING.

MAY WE HAVE OUR STAFF REPORT, PLEASE, MR. CHAIR, I'M GONNA ASK THAT WE, UH, MOVE TO, UM, THE NEXT ITEM.

MR. BRO IS SUPPOSED TO DO THE OTHER ONE.

OKAY.

SO WE WILL, UM, MOVE PAST, WE'LL COME BACK TO G FIVE.

LET'S GO TO G SIX.

[6. Consider making a recommendation to the City Council on an Ordinance amending the Zoning Ordinance in order to establish Green Space regulations for commercial and residential developments in the City of DeSoto. Public Hearing conducted on October 10, 2023. (Case #TA-004-23).]

G SIX IS CONSIDER MAKING A RECOMMENDATION, UH, TO THE CITY COUNCIL ON AN ORDINANCE AMENDING THE ZONING ORDINANCE IN ORDER TO ESTABLISH GREEN SPACE RECOMMENDATIONS, UH, FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENTS IN THE CITY OF DESOTO.

UH, PUBLIC HEARING WAS CONDUCTED ON OCTOBER 10TH, 2023, AND THIS IS CASE NUMBER TA DASH FOUR DASH 23.

MAY WE HAVE OUR STAFF COURT PLEASE? YES.

CASE NUMBER TA 0 0 4 23 IS AN ORDINANCE AMENDING THE ZONING ORDINANCE IN ORDER TO ESTABLISH GREEN SPACE REGULATIONS FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENTS IN THE CITY OF TESORO.

THIS, UM, ORDINANCE FULFILLS THE FINANCIAL AID 2023 CITY COUNCIL GOAL NUMBER 10.

UH, THE MEETINGS THAT WE HAD, UH, REGARDING GREEN SPACE, UH, REQUIREMENTS.

WE INITIALLY HAD THE MEETING, UH, ON JULY 17TH, 2023, WHERE THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION HAD A JOINT MEETING, UH, WHEN STAFF DID A PRESENTATION.

AND ON SEPTEMBER 18, UM, STAFF HAD A PRESENTATION THAT WAS, UH, PRESENTED TO CITY COUNCIL.

AND ON OCTOBER 10, UH, THE COMMISSION HELD A PUBLIC, UM, HEARING AND CLOSE THE PUBLIC HEARING.

AFTER STAFF PRESENTATION ON THAT WAS LAST, UH, MEETING AND TODAY OUR STAFF.

UM, AT THAT MEETING ON OCTOBER 10, UH, THE COMMISSIONER, UH, GAVE US STAFF WITH THE GO TO BRING AN ORDINANCE, WHICH WE, WE ARE, WILL BE, WHICH WE ARE PRESENTING TONIGHT.

SO TONIGHT THE PRESENTATION IS ABOUT THE ORDINANCE THAT ARE ON GREEN SPACE AND, UH, THE, THE TIMELINE IS THAT ON NOVEMBER SEVEN, WE ARE EXPECTING THE CITY COUNCIL TO HOLD A PUBLIC HEARING REGARDING, UH, THE GREEN SPACE.

AND WE ALSO ARE GOING TO PRESENT AN ORDINANCE, THE GREEN SPACE ORDINANCE OF THE CITY COUNCIL.

SO IN TERMS OF THE ORDINANCE SECTIONS, I HOPE YOU HAD, YOU HAD TIME TO I'M, I'M SORRY.

UH, PLEASE, IF YOU'LL PLEASE, UH, REMAIN, UH, SILENT DURING THE PRESENTATION.

THANK YOU.

SO I HOPE YOU HAD A TIME TO LOOK AT THE, THE ORDINANCE, THE PROPOSED ORDINANCE THAT, UH, THAT WAS, UH, PART OF THE PACKET, BUT THAT ORDINANCE, WE JUST DO SOME SORT OF A RUNDOWN OF THE ORDINANCE.

IT WAS, UM, IT'S AN ORDINANCE THAT, OF COURSE, LIKE ANY OTHER ORDINANCE THAT IST A CAPTION AND IT HAS RE RECITALS.

AND THOSE RECITALS, THEY'RE JUST TALKING ABOUT THE IMPORTANCE OF, UH, GREEN SPACES, WHICH WAS ONE OF THE, UM, ITEMS THAT WERE HIGHLIGHTED DURING THE JOINT MEETING THAT WE NEED TO KNOW WHAT, UM, THE IMPORTANCE OF THE, UH, GREEN SPACE AND, UH, SOME OF THE IMPORTANCE OF THE ENVIRONMENTAL, MENTAL, SOCIAL, AS WELL AS, UM, UM, PHYSICAL BENEFITS.

THEN WE, WE HAVE A SECTION 48, 46 0.1, WHICH IS TALKING ABOUT THE PURPOSE.

WHY ARE WE EVEN HAVING THIS ORDINANCE? WHY IS IT IMPORTANT? THEN WE DO HAVE SECTION 46.2 THAT TALKS ABOUT GREEN SPACE GUIDELINES.

THIS IS FOR DEVELOPERS TO BE ABLE TO KNOW EXACTLY WHAT THE CITY'S EXPECTING.

IT TELLS OUR DEVELOPERS HOW AND WHERE THEY'RE SUPPOSED TO HAVE THESE, UH, GREEN SPACES.

AND THEN, UM, SECTION 48, 46 0.3, WE ARE TALKING ABOUT THE APPLICABILITY.

THIS IS WHERE WE ARE TALKING ABOUT HOW MUCH ARE WE LOOKING FORWARD.

WE HAVE, IN TERMS OF, SAY, IN RESIDENTIAL AREAS, WE ARE PROPOSING THAT FOR ANY SUBDIVISION THAT IS MORE THAN FIVE LOTS, THEY DO PROVIDE A 200 SQUARE FEET PER EACH LOT AS MINIMUM FOR OPEN SPACE.

AND ALSO IN, IN COMMERCIAL AREAS, WE ARE ASKING THAT ARE, UH, FOR ANY PROPERTIES THAT ARE FROM, UM, FROM, UM, 10,000 SQUARE FEET TO 50,000 SQUARE FEET, THEY PROVIDE 10% OF, UH, THAT AREA FOR OPEN SPACE, FOR

[01:10:01]

GREEN SPACE, USABLE GREEN SPACE.

AND THEN FOR PROPERTIES THAT WILL BE MORE THAN 50,000 SQUARE FEET, THEY DO PROVIDE, UH, WE ARE ASKING FOR 5% OF THAT AREA TO BE DEDICATED TO GREEN SPACE.

SO THAT IS, UH, THAT SECTION THAT IS, UH, 46.3.

THEN 46.4 IS TALKING ABOUT THE SITE FUND REQUIREMENT.

WE ARE NOT JUST GOING TO ALLOW OUR DEVELOPERS TO COME AND JUST GIVE US AND JUST SAY, OH, THIS IS OUR WAY.

WE ARE GOING TO HAVE YOUR GREEN SPACE.

BUT JUST LIKE WE, UH, REVIEW SITE PLANS TO MAKE SURE THAT THEY ARE COMPLYING WITH OUR ORDINANCES, WE ARE ALSO GOING TO DO THE SAME WITH THIS GREEN SPACE BECAUSE WE HAVE, UM, IF YOU ARE, YOU, YOU WERE, UH, YOU WERE ABLE TO, TO FOLLOW THROUGH THE PRESENTATION LAST TIME.

WE HAD SPECIFIC AMENITIES THAT WE ARE SAYING WE ARE LOOKING FOR IN THESE, IN THESE GREEN SPACES.

THEREFORE, WE ARE GOING TO ASK DEVELOPERS WHEN THEY COME IN WITH THEIR APPLICATION TO MAKE SURE THAT THEY GIVE US A SITE PLAN THAT SHOWS THAT THOSE AMENITIES ARE IN, WITHIN THOSE GREEN SPACES.

FOR EXAMPLE, WE ARE GOING TO ASK THAT THOSE, UM, SITE PLAN WILL MAKE SURE THAT THEY HAVE THE SIDEWALKS THAT WE HAVE BEEN TALKING ABOUT, THE AMENITIES, THE GAZEBOS, IF THEY'RE WHATEVER, WE ARE GOING TO MAKE SURE THAT THOSE SITE PLANS ARE MEETING OUR REQUIREMENTS.

AND THEN THOSE SITE PLANS WILL BE, UM, EITHER DENIED OR APPROVED DEPENDING ON WHETHER THEY ARE MEETING THE REQUIREMENTS.

THEN SECTION POINT 46.5 IS TALKING ABOUT OWNERSHIP AND MANAGEMENT.

WE ARE TRYING TO MAKE SURE THAT, UH, UH, THE, UM, THESE DEVELOPERS AND, UH, THE HOMEOWNERS AS ARE MADE RESPONSIBLE, THE CITY'S NOT GOING TO BE MAINTAINING THOSE GREEN SPACES.

WE WANT HOMEOWNERS OR, UM, UM, PROPERTY OWNERS TO BE MAINTAINING AND, UM, TAKING OWNERSHIP OF THOSE, UH, GREEN SPACES AND STAFF IS RECOMMENDING THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO AMEND THE ZONING ORDINANCE IN ORDER TO ESTABLISH NEW GREEN SPACE REGULATIONS FOR COMMERCIAL AND RE RESIDENTIAL DEVELOPMENTS IN CITY, IN THE CITY OF DISORDER.

AND I JUST TRY TO SUMMARIZE SO THAT THAT WAY I CAN LEAVE TIME AND ROOM FOR QUESTIONS, UH, IN TERMS OF QUESTIONING ABOUT, UH, THE ORDINANCE OR WHATEVER QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU VERY MUCH, COMMISSIONERS.

ANY QUESTIONS? MS. BROOKS? THANK YOU FOR THAT VERY COMPREHENSIVE SUMMARY OF THE ORDINANCE.

UNFORTUNATELY, I WASN'T ABLE TO CLICK THE LINK, UH, TO READ THE ORDINANCE, SO THANK YOU FOR THAT SUMMARY.

UM, I DO HAVE A QUESTION.

IS THERE A WAIVER ADDRESS, A ABILITY TO GET AN WAIVER AT ALL OR HAVE WE AS A CITY MADE A POLICY DECISION TO NOT ALLOW WAIVERS AND TO, UM, MAKE SURE THAT EVERYBODY WHO'S DOING DEVELOP, DEVELOPING OR DEDICATING THAT GREEN SPACE? SO WHEN WE, WHEN WE DID THE PRESENTATION LAST TIME, WE TALKED ABOUT, UH, THE IDEA THAT IN THE EVENT, SAY FOR WHATEVER REASONS THE DEVELOPER IS NO WAY OF MAYBE GIVING US WHAT WE ARE REQUIRING, THERE IS A ROOM FOR A DEVELOPER TO CONTRIBUTE SOME MONEY TOWARDS, UH, THE CITY PARKS, MAYBE FOR A PROJECT THAT IS BEING DONE FOR CITY PARK, THEN THEY CAN GET CREDIT FOR THAT.

SO THAT'S, THAT'S A WAY NOT, NOT TO JUST SAY I CANNOT DO IT, THEREFORE I'M NOT GOING TO DO NOTHING.

NO, THAT IS NOT ACCEPTABLE.

MS. ? UH, YES.

UM, MS. AZI, IT MAY BE THE SAME THING THAT, UM, COMMISSIONER BROOKS JUST ASKED, BUT A DIFFERENT WAY.

UM, WHAT I WAS WANTING TO KNOW, IS THERE GONNA BE ANY GRANDFATHERING IN ONCE WE APPROVE THIS ORDINANCE OR IT'S ADOPTED, WILL, UH, DEVELOPERS HAVE TO FOLLOW IT FROM THAT POINT ON? BUT IF THEY'VE ALREADY DEVELOPED SOMETHING OR THEY'RE GONNA BE GRANDFATHERED ACCORDING TO WHAT WE VOTED ON PRIOR, WELL FROM, FROM THE TIME IT'S ADOPTED IS IT'LL BE EFFECT.

SO WHATEVER APPLICATIONS THAT ARE GOING TO COME FROM THAT, FROM THAT TIME UPWARDS OF THE ADOPTION, THEY ARE REQUIRED TO MEET THE ORDINANCE REQUIREMENTS.

THE ORDINANCE IS NOT GONNA BE RETROACTIVE.

ONCE THAT ORDINANCE ADOPTED, IT'LL HAVE A DATE OF ADOPTION AND IT WILL BE GOING FORWARD.

SO, SORRY, ANOTHER QUESTION.

GO AHEAD MS. ROBERT.

SO I'M, SO I THINK I WAS SAYING, SO ANYONE THAT'S DEVELOPING PRESENTLY, THEY JUST DEVELOP ACCORDING TO WHAT WE, WE'VE APPROVED.

ANYONE THAT COMES BEFORE US MOVING FORWARD ARE GONNA HAVE TO FOLLOW THIS ORDINANCE.

IS THAT CORRECT? ALRIGHT.

CORRECT.

ONCE IT'S ADOPTED, YES.

WHAT IF THEY ARE DEVELOPING AND THEY HAVE PHASES ONE, TWO, AND THREE AND THEN THEY COME BEFORE US TO DEVELOP FOUR, FIVE, AND SIX.

DO THEY OPERATE UNDER WHAT WE'VE ALREADY APPROVED OR WILL THEY OPERATE UNDER THIS NEW ORDINANCE? I BELIEVE WHAT YOU'RE REFERRING TO IS A PHASED PLAN DEVELOPMENT, UH, WHICH MEANS THEY HAVE ALREADY GOTTEN THEIR ZONING APPROVED

[01:15:01]

TO BE THAT, AND IT JUST DEPENDS ON WHEN THAT WAS ENACTED.

THANK YOU MR. MS. ES? YES.

UM, MR. CHAIR AND MS. BESTER, I'M HEARING THE WAIVER THAT MY COMRADE MENTIONED THAT IF A DEVELOPER IS NOT WANTING TO OR NOT ABLE TO ESTABLISH THAT GREEN SPACE, THEY CAN OPT FOR CONTRIBUTING, UH, AN AMOUNT OF MONIES TO OUR PARK SYSTEM THAT EXISTS ALREADY.

YES.

WELL, WITH THAT BEING SAID, WHAT TO PREVENT A DEVELOPER FROM SAYING I JUST DON'T WANNA DO IT AND OPTING FOR, CONTRIBUTING THE MONIES TO THE PARK SYSTEM AND LEAVING, LET ME FINISH AND LEAVING THE SUBDIVISION WITH NO GREEN SPACE.

I THINK, UM, AS STAFF, JUST LIKE WITH ANY OTHER APPLICATIONS OR ANY OTHER, YOU KNOW, REQUESTS, WE'LL NOT JUST TAKE, YOU KNOW, SOMEONE JUST COMING AND SAYING, I WILL NOT DO IT.

THERE HAS TO BE, WE HAVE TO LOOK AT IT AND MAKE SURE THAT THERE IS A, A SUBSTANTIAL REASON FOR SOMEONE TO SAY, I CANNOT DO IT BECAUSE THIS IS GOING TO BE JUST LIKE ANY OTHER ORDINANCE THAT WE ARE ENFORCING RIGHT NOW.

SO THIS, THIS IS NOT GOING TO BE JUST LIKE AN OPTION OR IF I WANT, IF I DON'T WANT NO, IT'S FOR EVERYBODY AND ONE WAY OR THE OTHER YOU HAVE TO BE ABLE TO MEET OTHERWISE WILL NOT BE ABLE TO APPROVE YOUR PLANS.

COMMISSIONERS, IF I CAN JUST CLARIFY IF I BELIEVE, UH, WHAT THE QUESTION WAS.

THE ORDINANCE AS CURRENTLY PROPOSED AND WRITTEN INCLUDED IN YOUR PACKET, EVERYONE CREATING A NEW DEVELOPMENT THAT FALLS WITHIN THIS NEW ORDINANCE, UM, WHICH IS LISTED, UH, IN THE DRAFT ORDINANCE YOU PROVIDED MUST ABIDE BY THIS ORDINANCE.

THEY MUST PROVIDE THE GREEN SPACE CURRENT.

ALSO THE ORDINANCE DOES OWN, DOES NOT ALLOW FOR PUBLIC OWNERSHIP OF THAT GREEN SPACE AS IN THE CITY.

IT WOULD EITHER HAVE TO BE, UH, DEEDED TO, YOU KNOW, SOME SORT OF PRIVATE OWNERSHIP WITH, UH, DEED RESTRICTIONS OR WRAPPED UP INTO SOME SORT OF OWNER'S ASSOCIATION.

SO PROPERTY OWNERS OR HOMEOWNERS.

SO THERE IS AS PROPOSED CURRENTLY IN YOUR PACKET, UM, THERE IS NOTHING THAT SAYS OH NO, THE CITY CAN SAY NEVERMIND, YOU DON'T HAVE TO HAVE THE GREEN SPACE.

THE DEVELOPMENTS THAT FALL WITHIN THOSE LISTED IN THE ORDINANCE HAVE TO HAVE A GREEN SPACE, A PERCENTAGE OF WHICH IS DETERMINED BY THE SIZE OF THE PROPOSED DEVELOPMENT.

LET ME ALSO ADD, UM, STILL MIRRORING ON WHAT CALEB MENTIONED, THE ORDINANCE AS WRITTEN, I'M GONNA TRY TO SAY IT IN LAYMAN'S TERM, HAS NO LANGUAGE WRITTEN IN HERE FOR A WAIVER PERIOD.

THIS DOCUMENT IS ATTEMPTING TO AMEND A SECTION OF OUR ZONING ORDINANCE, IF ANY APPLICANT.

WE DO HAVE AVAILABILITY FOR AN APPLICANT TO REQUEST A SPECIAL EXEMPTION OR WAIVER FROM REGULATIONS IN OUR ZONING ORDINANCE.

DID I LOSE YOU? YES SIR.

I CAN SEE THE EXPRESSION ON YOUR FACE THROUGH THE P AND Z.

THE COUNCIL ADOPTS A ZONING ORDINANCE, ALL THE DIFFERENT CHAPTERS IN THERE.

IF AN APPLICANT IS WANTING TO HAVE SOMETHING DIFFERENT THAN WHAT'S PRINTED, IF HE FEELS THAT HE CANNOT DEVELOP HIS PROPERTY BECAUSE OF THESE REGULATIONS, HE IS AUTHORIZED TO GO TO THE ZONING BOARD OF ADJUSTMENT TO REQUEST A VARIANCE OF, OR ESPECIALLY EXCEPTION FROM THE REGULATIONS.

THIS WILL BE ONE OF THOSE REGULATIONS THAT IT WOULD NOT COME TO YOUR BOARD, IT WOULD NOT GO TO THE CITY COUNCIL.

AFTER THEY ADOPT IT, IT BECOMES A REGULATION.

AND IF THEY WANTED TO GET AROUND THIS, THEY WOULD HAVE TO, UH, REQUEST A SPECIAL EXCEPTION OR VARIANCE.

I DON'T KNOW WHICH ONE IT WOULD BE, BUT IN OUR ZONING ORDINANCE WE ACTUALLY IDENTIFIED THAT IN AN APPLICANT MAKING THOSE REQUESTS THEY HAVE TO APPROVE HARDSHIP AND IT'S NOT A FINANCIAL HARDSHIP THAT THEY'RE MAKING THIS REQUEST ON.

SO IT'S GONNA BE A CASE BY CASE BASIS.

IF SOMEBODY WANT TO SAY, I WOULD LIKE TO NOT DO THIS SO SLIGHTLY, THERE IS A WAY TO REQUEST IT, BUT IT'S THROUGH THE ZBA BECAUSE THIS IS A ZONING YES.

THAT WE ARE CREATING.

THANK YOU MR. BUR.

I

[01:20:01]

UNDERSTAND.

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

IS THERE A MOTION MS. BROOKS? I MOVE THAT WE FOLLOW STAFF RECOMMENDATION OF APPROVAL TO AMEND THE ZONING ORDINANCE IN ORDER TO ESTABLISH NEW GREEN SPACE REGULATIONS FOR COMMERCIAL AND RESIDENTIAL DEVELOPMENTS IN THE CITY OF DESOTO.

OKAY, MOTION'S BEEN MADE.

IS THERE A SECOND? SECOND.

OKAY, HAS BEEN MOVED.

HAS BEEN PROPERLY, UH, SECONDED BY COMMISSIONER BELL.

ARE THERE ANY FURTHER DISCUSSION? ANY UNREADINESS HEARING AND SEEING NONE.

ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

AYE.

ALL OPPOSED TO THE SAME AND SAY NAY.

MOTION CARRIES SIX ZERO.

WE WILL NOW GO BACK

[5. Consider making a recommendation to the City Council on the revised PP-343-22 (Preliminary Plat) Homestead at Daniel Farms Phase 3 located south of W. Danieldale Road and west of N. Westmoreland Road (920 W. Danieldale Road and 2051 N. Westmoreland Road). Continued from October 10, 2023 Planning and Zoning Commission meeting.]

TO ITEM G FIVE ON THE AGENDA.

ITEM G FIVE ON THE AGENDA, WHICH IS CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE REVISED PP DASH 3 43 DASH 22 PRELIMINARY PLAT HOMESTEAD AT DANIEL FARMS PHASE THREE LOCATED SOUTH OF WEST DANIELDALE ROAD AND WEST OF NORTHWEST MOLAND ROAD 9 2 0 WEST DANIELDALE ROAD AND 2 0 5 1 NORTHWEST MOLAND ROAD.

UH, THIS IS CONTINUED FROM OCTOBER 10TH, 2023.

UH, PLAN IS ZONING COMMISSION MEETING AND MAY WE HAVE OUR STAFF REPORT, PLEASE? YES.

UH, CHAIR AND AND COMMISSION.

THE APPLICANT HAS REQUESTED ANOTHER TABLE, UH, TO YOUR NEXT MEETING.

THERE ARE STILL SOME THINGS THEY'RE TRYING TO WORK OUT ON THEIR END OF WHETHER OR NOT THEY POSSIBLY CAN ADD ANOTHER LOT OR TWO IN THIS AREA.

IF THEY CAN, THEY'LL HAVE TO GO BACK AND AMEND THE ZONING ORDINANCE.

SO THOSE, THERE ARE THINGS THEY REALIZE THEY CAN DO, BUT THEY'RE NOT READY TO PULL THEIR APPLICATION AT THIS POINT.

OKAY.

AND MR. BREWER, IF THE COMMISSION IS SO INCLINED TO TABLE, DO YOU HAVE A DATE CERTAIN THAT WE WILL PASS IT TO YOUR NEXT MEETING? OKAY.

AND I'VE ACTUALLY SPOKE WITH THE APPLICANT AND LET, AND KINDLY LET HIM KNOW THAT, IN MY OPINION, THAT WOULD REALLY NEED TO BE THE LAST TIME.

OKAY? WE'VE ALREADY TABLED IT TWICE UNLESS YOU CAN REALLY COME WITH SOME DEFINITIVE REASONS OF, UH, WHY YOU'RE MAKING THIS REQUEST.

OKAY.

SO SECOND, IT LOOKS LIKE THE 14TH.

IS THAT CORRECT? OKAY.

ALRIGHT.

COMMISSIONERS, YOU'VE HEARD THE REPORT OF OF STAFF, YOU ALSO HEARD THE REQUEST OF THE APPLICANT.

IS THERE A MOTION, MR. CHAIR BY CHAIR? RE RAVEN, GO AHEAD.

YES.

I'D LIKE TO, UM, MAKE A MOTION THAT WE CONTINUE, UH, THIS CASE, UM, AND I'M LOOKING FOR IT RIGHT NOW.

CASE PP 3 43 DASH 22 UNTIL OUR NEXT SCHEDULED MEETING, NOVEMBER THE 14TH, 2023.

OKAY.

IT'S BEEN MOVED.

IS THERE A SECOND? SECOND, MR. CHAIR.

OKAY, IT'S BEEN MOVED AND PROBABLY SECOND.

ANY UN READINESS? ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

ALL THOSE OPPOSED DO THE SAME AS SAY NAY.

MOTION CARRIES SIX ZERO.

UH, THAT CONCLUDES THE ITEM ON OUR ITEMS ON OUR REGULAR AGENDA.

WE'LL NOW TURN TO

[1. Continue the Public Hearing from the September 26 and October 10, 2023 Planning and Zoning Commission meetings and consider making a recommendation to the City Council for a request to obtain a Specific Use Permit (SUP) in order to establish and operate a "Used Auto Sales" on a property legally described as being Lot 24, Block C in the Clover Haven Addition (1209 Lyndon Avenue). The applicant is Jose C. Garcia and the property owners are Mayra Miranda and Jorge Luis Montoya Martinez. (Case No. Z-1504-23).]

THE ITEMS ON OUR PUBLIC AGENDA.

YEP.

AND SO, MS. MAZI, UM, DID YOU STILL WANT TO TAKE UP G ONE SECOND OR ARE WE PREPARED TO MOVE ON G ONE RIGHT NOW? OKAY, SO THEN WE'LL GO AHEAD AND PROCEED IN ORDER, WE'LL GO WITH, UM, ITEM G ONE ON THE PUBLIC HEARING AGENDA.

YES, MA'AM.

OH, I'M SAYING, I'M SAYING G THANK YOU F1 ON THE PUBLIC HEARING AGENDA, WHICH IS CONTINUE THE PUBLIC HEARING FROM SEPTEMBER 26TH AND OCTOBER 10TH, 2023.

PLAN THE ZONING COMMISSION MEETINGS AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR REQUEST TO OBTAIN A SPECIFIC USE PERMIT SUP IN ORDER TO ESTABLISH, OPERATE AND USE AUTO SALES ON A PROPERTY LEGALLY DESCRIBED AS LOT 24 BLOCK C IN THE CLOVER HAVEN EDITION, 12 0 9 LINDEN AVENUE.

THE APPLICANT IS JOSE C. GARCIA AND THE PROPERTY OWNERS ARE MARA MIRANDA AT JOSE LUIS MONTOYA MON, UH, MARTINEZ.

AND THIS IS CASE NUMBER Z DASH 15 0 4 DASH 23.

MAY WE HAVE OUR STAFF REPORT, PLEASE? YES.

CASE NUMBER Z 15 0 4 23 IS A SPECIFIC USE REQUEST FOR USED AUTO SALES.

THE SITE IS 0.37 ACRES AND IS CURRENTLY ZONED COMMERCIAL ONE.

THE PROPERTY IS LOCATED ON THE NORTH SIDE OF LINDON AVENUE AND THE EAST SIDE OF FRANKLIN AVENUE.

IT IS ADDRESSED THE 12 0 9 LYNDON AVENUE.

THIS IS THE AREA ON THE LOCATION MAP OF THE SITE.

THE SITE IS, UH, THE SITE IS CURRENTLY VACANT AND THE PROPERTIES THE NORTH, SOUTH, AND EAST AND WEST ARE VACANT AND ARE ZONED COMMERCIAL ONE.

THE FUTURE LAND USE PLAN IDENTIFIES THIS SITE IS SUITABLE FOR COMMERCIAL USES AND THE PROPOSED USE AUTO CELLS IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE 2015 COMPREHENSIVE PLAN.

[01:25:02]

ACCESS TO THESE THROUGH THIS SITE IS FROM LINDEN AVENUE AND LINDEN AVENUE IS A LOCAL ROAD THAT IS NOT SHOWN ON THE MASTER THERAPY PLAN.

AND SECTION 35.2 OF THE ZONING REGULATIONS STATES THAT STATES WHAT THE COMMISSION AND THE CITY COUNCIL SHOULD CONSIDER WHEN APPROVING SPECIFIC USE PERMITS.

THESE ITEMS INCLUDE THE HARMONY AND COMPATIBILITY WITH SURROUNDING EXISTING USES, WHETHER THE USE IS NORMALLY ASSOCIATED WITH THE PERMITTED USES IN THE BASE ZONING DISTRICT, WHETHER THE NATURE OF THE USE IS REASONABLE AND WHETHER THERE ARE MITIGATIONS TO NEGATIVE IMPACT, IMPACT ON THE SURROUNDING AREA AND ANY ADDITIONAL CONDITIONS TO ENSURE THAT THE INTENT OF THIS DISTRICT PURPOSES ARE BEING UPHELD.

THE REQUESTED USE AUTO SALES IS ASSOCIATED AUTO AUTOMOBILE AND RELATED USE IN COMMERCIAL ONE DISTRICT.

THE USE IS COMPATIBLE WITH THE EXISTING AND SURROUNDING USES IN THE GENERAL AREA.

THE USE UPHOLDS THE INTENT OF THE DISTRICT'S PURPOSE.

AS SUCH, THE REQUESTED USE MEETS THE 35.2 REQUIREMENTS AS I STATED.

AND ON SEPTEMBER 8TH, 2023, NOTICE OF THIS PUBLIC HEARING WAS PUBLISHED IN FOCUS DAILY NEWS AND STAFF MAILED 36 LETTERS TO PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THIS SUBJECT SITE.

AND AS OF OCTOBER 10TH, 2023, STAFF RECEIVED TWO LETTERS IN OPPOSITION TO THIS SUP REQUEST AND THIS, UM, OPPOSITION LETTERS CAME FROM THIS PROPERTY OWNER RIGHT HERE, SHOWN IN YELLOW AND THAT ONE ON THE, AND ON SEPTEMBER 26TH, 2023, THE APPLICANT REQUESTED THAT THE, UM, THIS, UM, PUBLIC HEARING BE CONTINUED THROUGH OCTOBER 10TH, 2023.

AND ON OCTOBER 10TH, 2023, THE APPLICANT AGAIN REQUESTED THAT THIS, UM, PUBLIC HEARING BE CONTINUED TO TODAY.

AND, BUT STILL UP TO TODAY, THE REASON WHY THE APPLICANT WAS REQUESTING FOR THIS CONTINUATION WAS BECAUSE THEY WANTED MORE TIME TO WORK ON THE PLANS.

THE, THAT IS THE SITE PLAN, THE LANDSCAPE PLAN, AS WELL AS THE ELEVATION PLANS.

BUT, UM, AS OF TODAY, THOSE PLANS ARE STILL NOT MEETING THE CITY REQUIREMENTS.

AS SUCH, STAFF IS RECOMMENDING THAT THE COMMISSION MAKE A RECOMMENDATION TO CITY COUNCIL OF APPROVAL OF THIS SPECIFIC USE PERMIT REQUEST OR ANY CONDITION THAT NO BUILDING PERMITS WILL BE ISSUED BEFORE UPDATED PLANS HAVE BEEN SUBMITTED AND APPROVED BY THE PLANNING DIVISION.

THIS IS THE, THE, UH, SUBMITTED SITE PLAN.

AS YOU CAN SEE THAT, UH, THIS, UH, SITE PLAN, IT LACKS A LOT OF INFORMATION THAT IS REQUIRED ON, UM, ON A SITE PLAN.

UH, THINGS LIKE, UH, THEY HAVE TO TELL US WHAT EXACTLY IS HAPPENING HERE.

UH, LIKE THE, THE BUILDING, THEY HAVE TO BE SHOWING US THE FINISHED FLOOR ELEVATIONS OF THE BUILDING.

THEY HAVE TO BE SHOWING US, UH, THE NUMBER OF PARKING SPACES THAT ARE BEING, THAT ARE REQUIRED AND THAT ARE PROVIDED.

THEY HAVE TO BE SHOWING US, UM, YOU KNOW, BASIC INFORMATION THAT WHEN SOMEONE LOOKS AT THAT SITE PLAN, THEY CAN BE ABLE TO TELL WHAT IS GOING ON.

AND STAFF HAS BEEN, UM, OVER THE PERIOD, UH, OF NOW TWO MONTHS TRYING TO WORK WITH THE PROJECT ENGINEER, BUT, UH, UNFORTUNATELY WE HAVE NOT BEEN ABLE TO GET ALL THE INFORMATION THAT WE NEED.

AS YOU CAN SEE, AGAIN, THAT SITE PLAN IS ALL LOOKS THE SAME AS THIS IS JUST THAT, UH, THEY JUST DECIDED TO CHANGE THE, UM, THE TITLE RIGHT HERE TO SAY LANDSCAPE.

IT'S THE SAME AS THIS.

THE INFORMATION THAT IS SUPPOSED TO BE PROVIDED ON THE LANDSCAPE PLAN IS NOT EVEN AVAILABLE INFORMATION SUCH AS, UM, THE, THE TREES THAT THEY'RE PROVIDING BECAUSE THERE ARE CERTAIN TREES AND SHRUBS AND GRASS THAT ARE THE CITY REQUIRES THAT ARE ON THEIR CITY APPROVED LISTS.

SO, SO THOSE ARE THINGS THAT OUR STAFF WILL BE LOOKING AT WHEN WE ARE LOOKING AT LANDSCAPE PLANS.

AND THIS PLAN DOES NOT EVEN TELL US WHAT IS GOING ON IN TERMS OF WHAT THEY ARE PROVIDING AND WHAT THEY'RE NOT PROVIDING.

SO THOSE ARE SOME OF THE ISSUES THAT WE HAVE BEEN HAVING WITH THE, WITH THE PROJECT ENGINEERS.

SO, LIKE I SAID, AGAIN, WHILE THE USE ITSELF, WHEN WE LOOK AT THE REQUIREMENTS FOR SPECIFIC USE PERMIT, THE USE USE ITSELF IS COMPATIBLE WITH THE SURROUNDING USES.

IT IS A USE WITH WHAT IS HAPPENING AROUND THAT SPECIFIC AREA.

IT CAN BE USED

[01:30:01]

THAT CAN, CAN, CAN, CAN BE, YOU KNOW, DONE RIGHT THERE.

BUT IN TERMS OF THE REQUIREMENTS THAT WE NEED ON THE PLANS THAT ARE SUBMITTED TO THE CITY, THE PLANS FALL, FALL SHORT OF THOSE REQUIREMENTS.

THIS IS THE REASON WHY WE ARE SAYING BEFORE, WHILE THE SUP REQUEST CAN GO FORWARD, IF YOU ALL CHOOSE TO RECOMMEND FOR APPROVAL, HOWEVER, WE WANT TO MAKE SURE THAT, UH, BEFORE THEY CAN BE ISSUED ANY BUILDING PLANS, WE DO GET THE PLANS THAT MEET THE CITY REQUIREMENTS BECAUSE ONCE, UH, THAT THOSE, THE SITE PLAN IS APPROVED BY CITY COUNCIL, WE CANNOT GO BACK TO SAY WE NEED NEW SITE PLANS.

SO THAT'S WHY THE REASON WHY WE ARE PUTTING THAT CONDITION ON THIS SPECIFIC, UM, REQUEST, AND I'LL BE HAPPY TO ANSWER QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU VERY MUCH.

AND THE OWNERS OF THIS PROPERTY HERE, IF YOU HAVE QUESTIONS, I'M NOT SURE ABOUT THE, THE ENGINEER IS NOT HERE, BUT THE PROPERTY OWNERS ARE HERE.

THANK YOU VERY MUCH.

BEFORE I OPEN IT UP FOR QUESTIONS, UH, LET ME JUST SAY TO THE AUDIENCE IF THERE'S ANYONE IN ATTENDANCE WHO WOULD LIKE TO BE HEARD WHEN WE OPEN UP THE PUBLIC HEARING ON THIS CASE OR THE NEXT CASE.

UH, DR. MARKS COUNCIL MEMBER MARKS IS OVER IN THE CORNER.

SHE'S WAVING UP, UH, A FORM THAT YOU CAN FILL OUT IF YOU'LL PLEASE SEE HER.

I'M GONNA ASK MR. CARROLL IF HE'LL ASSIST.

UH, BUT THERE'S ANYBODY WHO WANTS TO BE HEARD DURING THE PUBLIC HEARING ON THIS CASE OR THE NEXT CASE.

IF YOU'LL FI, PLEASE FILL OUT A COMMENT CARD AND DURING THE PUBLIC HEARING, YOU'LL HAVE THREE MINUTES TO SPEAK, EITHER IN FAVOR OR IN OPPOSITION OF THAT PARTICULAR AGENDA ITEM.

NOW, WITH THAT BEING SAID, COMMISSIONERS, ARE THERE QUESTIONS MR. BELL? GO AHEAD.

AND THEN MR. RAVENEL, UH, HELLO MS. ZI, THANK YOU FOR YOUR PRESENTATION.

UH, I BELIEVE I HEARD YOU SAY THAT STAFF HAD BEEN WORKING WITH THE APPLICANT TO, TO LET THEM KNOW THE REQUIREMENTS WE NEED IN ORDER TO, UH, MAKE A JUDGMENT ON THIS APPLICATION FOR A COUPLE OF MONTHS NOW.

UM, AND SO MY QUESTION IS, WHY IS YOUR RECOMMENDATION TO APPROVE, UH, THIS REQUEST IF THEY ARE NOT MEETING THE REQUIREMENTS THAT WE NEED? SO THE RECOMMENDATION IS, UM, BECAUSE ACCORDING TO THE, UH, THE, UM, ISSUES THAT YOU GUYS ARE SUPPOSED TO LOOK AT THAT I READ FROM, UH, UH, SECTION 35.2, THIS PARTICULAR REQUEST MEET THAT REQUIREMENT.

HOWEVER, IN TERMS OF THE, UH, TECHNICALITIES THAT WE NEED, THOSE ARE NOT BEING MADE.

THAT'S WHY WE ARE SAYING YOU CAN, IF YOU CHOOSE TO RECOMMEND FOR APPROVAL, YOU CAN, BUT SUBJECT TO THE, TO, TO, TO US GETTING THE PLANS THAT WE NEED.

OKAY? UH, I HAVE ANOTHER QUESTION.

THIS ONE IS FOR THE CITY ATTORNEY, UH, CALEB.

UM, GIVEN THAT THIS REQUEST MEETS ALL THE REQUIREMENTS, BUT THEY ARE NOT, MEETS ALL THE REQUIREMENTS FOR ZONING, BUT THEY'RE NOT MEETING OUR REQUIREMENTS FOR DOCUMENTATION, DO WE HAVE THE RIGHT TO SUMMARILY DENY THIS REQUEST BASED ON THE FACT THAT WE ARE NOT GETTING THE REQUIRED INFORMATION WE NEED IN ORDER TO MAKE A DECISION ON THIS CASE? I, I THINK YOU COULD DENY IF YOU WANTED TO.

THANK YOU MR. MR. BREWER THEN MR. RAVEN? YEAH, LET ME ADD A LITTLE CLARIFICATION.

ALSO, LET ME ASK YOU TO PUT YOUR HATS ON PLAN DEVELOPMENT, SUP.

THOSE ARE THE TWO ZONING REGULATIONS THAT WE HAVE.

AND BOTH OF THOSE REGULATIONS REQUIRE A DIFFERENT TYPE OF PLAN ON THE PD AS WRITTEN IN OUR CODE OF ORDINANCES, IT REQUIRES A CONCEPT PLAN.

THE SUP, WHICH THIS CASE REQUIRES IS A SITE PLAN.

WHEN YOU READ THAT SECTION OF OUR REQUIREMENTS, IT SAYS THAT THE SITE PLAN, WHICH I'M GONNA CALL IT, BECOMES A BIBLE AND MORE CONCRETE DOCUMENT THAT SHOULD NOT BE DEVIATED WITH.

IT'S GONNA SHOW LIKE THAT ONE THERE SHOWS TYPICALLY WHAT THE APPLICANT WANTS TO DO ON HIS PROPERTY.

IN YOUR PACKAGE, WE HAVE LISTED EVERYTHING THAT'S, THAT'S ESTABLISHED.

UH, JUST TALK ABOUT IT.

IT SHOWS A FRONT PORTION OF THE PROPERTY TO TO BE PAVED.

IT SHOWS WHAT'S GOING TO BE SCREENED WITH A FENCE.

IT DOES SHOW THAT HE'S PROPOSING TO ONLY HAVE FIVE PARKING SPACES FOR HIS, UH, USED CARS TO BE DISPLAYED.

HE IS ONLY SHOWING TWO RESIDENTIAL, EXCUSE ME, TWO EMPLOYEE PARKINGS IN THE BACK.

HE IS SHOWING THAT HE'S PROPOSING TO LEAVE HIS BACK PROPERTY TOTALLY OPEN IN THE NATURAL VEGETATION STATE.

SO FROM WHAT HE'S DOING ON THE

[01:35:01]

PROPERTY, HE IS SHOWING WHAT HE HE DOES.

BUT IN OUR ZONING ORDINANCE, IT IDENTIFIES IN THAT SPECIFIC USE PERMIT REQUEST THAT WHILE IT MAY MEET SOME OF ALL OF THOSE REQUIREMENTS, SINCE IT'S BECOME MORE OF A BIBLE, THERE ARE A LOT MORE DETAILS THAT STAFF CAN REQUEST.

AND OUR STAFF HAS CREATED THIS LIST THAT WE INCLUDED IN YOUR PACKAGE THAT REALLY GOES INTO SOME REAL IN DEPTH DETAILS, A REQUIREMENT FOR A SITE PLAN AND WHAT, UH, MS. BESTER IS SAYING THAT RIGHT NOW THAT SITE PLAN IS NOT MEETING ALL OF THESE REQUIREMENTS AND THESE REQUIREMENTS WERE GIVEN TO THE APPLICANT'S ENGINEER, BUT CONCEPTUALLY WISE, IT IS SHOWING WHAT THE INTENT IS.

BUT FROM A FORMALITY WISE, WITH OUR SUP REQUIREMENT, IT IS NOT INCLUDING EVERYTHING THING.

SO FROM A CONCEPTION WISE, ZONING WISE, IT IS SHOWING US REALLY WHAT WE NEED TO SEE, WHAT HIS PROPOSAL IS, THE BUILDING HE GAVE US BUILDING ELEVATIONS, HE GAVE US SOME LANDSCAPE PLANS.

HE HAD GIVEN US THAT, BUT TECHNICALLY FROM A FULL SITE PLAN, THAT WILL BECOME A VIABLE, THAT THAT SAME SITE PLAN WHEN HE SUBMITS HIS BUILDING PLAN NEEDS TO BE THAT EXACT SAME PLAN, NOT HAVING THE FLEXIBILITY THAT HE WOULD WITH A PD WITH A CONCEPT PLAN.

WE GOT A LITTLE WIGGLE ROOM WITH A CONCEPT PLAN.

WE DON'T WITH THE SITE PLAN.

SO THAT IS WHY WE ARE SAYING THE STAFF IS CONCEPTUALLY SHOWING US WHAT WE FEEL THAT WOULD ALLOW THIS TO GO ON TO THE NEXT LEVEL.

BUT WE HAVE A LEVEL OF WHAT WE WANNA HOLD IT HOSTAGE TO.

AND THAT'S THE REQUIREMENTS THAT SHE SAID THAT IT HAS TO MEET THAT BEFORE IT FULFILLS US TAKING IT TO CITY COUNCIL WITH A FULL RECOMMENDATION.

I JUST WANT TO PROVIDE CLARIFICATION.

THERE'S A DIFFERENCE BETWEEN A CONCEPT PLAN AND A SITE PLAN.

OUR ORDINANCE ESTABLISHES SUP REQUIRING SITE PLANS, WHICH DOESN'T GIVE MUCH FLEXIBILITY BECAUSE OF THE REQUIREMENTS, DETAILED REQUIREMENTS THAT ARE ON THIS ATTACHMENT THAT ARE IN YOUR PACKAGES.

I JUST WANNA PROVIDE THAT CLARIFICATION.

UH, MS QUESTION, MR. FOLLOW UP.

GO AHEAD.

UH, YES.

UM, AND SO BEFORE WE WOULD MAKE A RECOMMENDATION TO CITY COUNCIL, SO TO SPEAK, WE WOULD WANT TO ETCH OUR STONE HOW WE WANT IT TO BE BEFORE WE MAKE THE RECOMMENDATION.

THANK YOU.

OKAY, MR. REVENUE AND I'LL JUST CONTINUE ON WITH THAT.

SO IF WE MAKE A MOTION TO APPROVE, WOULD IT BE CONDITION, A CONDITIONAL APPROVAL BASED ON THE RECEIPT OF PLAN, A SITE PLAN WHICH MEETS CITY REQUIREMENTS? IS THAT ALL WE WOULD NEED TO SAY? OKAY, THE SECOND QUESTION THAT I HAVE FOR YOU IS, ARE THE APPLICANT GOING TO SPEAK TO US AND ALLOW US TO ASK QUESTIONS? WE HAVE NO CONTROL OF THAT.

WHEN YOUR PUBLIC HEARING IS OPEN, UH, AS THE CHAIRMAN SAID, EVERYONE IN THE ROOM HAS BEEN NOTIFIED OF THE PROCESS OF FILLING OUT A FORM AND WE'LL KNOW THAT, YOU'LL KNOW THAT AT THE TIME OF YOUR PUBLIC HEARING.

OKAY.

I'LL ASK YOU THE QUESTION JUST IN CASE WE DON'T HAVE THEM.

THERE'S A, THEY'RE NEEDING A LARGE DUMPSTER.

IT LOOKS LIKE THERE'S A SPACE CARVED OUT FOR A DUMPSTER AND I WAS TRYING TO WRAP MY HEAD AROUND A USED CAR PLACE.

FIVE CARS ONLY AT A TIME IS WHAT I UNDERSTAND FROM ALL THE VARIOUS PRESENTATIONS.

THERE WOULD BE NO CARS PARKED OFFSITE.

THEY'RE NOT GOING TO UTILIZE, THEY'RE NOT GONNA DO ANYTHING BUT DO ONLINE SALES.

I'M TRYING TO UNDERSTAND WHY WOULD THERE BE THE NEED FOR A LARGE DUMPSTER ON SITE? THEY'RE REQUIRED BY ZONING ORDINANCE TO HAVE A TRASH PROVIDED AREA.

NOW DEPENDING ON THE MAGNITUDE OF TRASH THAT THEY GENERATE, THEY MAY JUST NEED TOTERS.

OKAY, THANK YOU MS. BROOKS.

JUST A CLARIFICATION FOR MS. RAZZI.

WHEN I LOOK AT CASES LIKE THIS, I IMMEDIATELY THINK OF THE SHELL VERSUS SHOULD.

SO ALL OF THE SHELL REQUIREMENTS ARE BEING MET, WHICH FEEDS INTO YOUR RECOMMENDATION AND THE SHOULDS ARE WHAT YOU'RE SAYING.

YOU CAN ASK FOR THOSE THINGS, UH, AT A LATER DATE.

WE HAVE SOME FLEXIBILITY THERE, RIGHT? YES.

OKAY, THAT'S WHAT I WANTED TO CLARIFY.

THANK YOU.

THANK YOU COMMISSIONERS.

IF I MAY? YES SIR.

MR. I JUST WANNA TOUCH ON SOMETHING.

COMMISSIONER RENELL, UH, MENTIONED, UH, IF YOU WERE TO APPROVE THIS, IT WOULDN'T BE, THIS IS KIND OF GETTING INTO SEMANTICS A BIT, BUT IT WOULDN'T BE A CONDITIONAL APPROVAL.

WHEREAS IF THIS IS MET, THAT'S THE ONLY TIME IT'S APPROVED, YOU WOULD APPROVE IT WITH AN ADDITIONAL CONDITION, SO IT WOULD BE

[01:40:01]

APPROVED, BUT ONLY IF THEY DID THAT.

I MEAN, IT'S STILL APPROVED.

IT'S NOT A CONDITIONAL APPROVAL SAYING IT'S ONLY APPROVED IF THEY DO THIS, IT WOULD BE APPROVED SAYING THAT THEY HAD TO GET ALL THESE SITE PLANS, ET CETERA.

IT WOULDN'T BE A CONDITIONAL APPROVAL, IT WOULD BE APPROVAL WITH CONDITIONS.

I KNOW THAT'S A LITTLE BIT SEMANTICS, UH, BUT IT JUST THOUGHT I'D CLARIFY THAT.

OH, THANK YOU.

THANK YOU.

AND, AND JUST, UH, I GUESS TO PIGGYBACK OFF OF THAT, THE, THE STAFF'S RECOMMENDATION IS, UH, THAT WE APPROVE THIS SUP REQUEST WITH THE FOLLOWING CONDITIONS THAT NO BUILDING PERMITS SHALL BE ISSUED UNTIL A REVISED SITE PLAN.

LANDSCAPE PLAN AND ELEVATION PLAN HAS BEEN SUBMITTED AND APPROVED BY THE PLAN DIVISION.

SO I JUST WANTED TO KIND OF PIGGYBACK OFF OF WHAT MR. SMITH HAS SAID.

YES, CHAIRMAN.

UM, AND THAT'S ESSENTIALLY ALMOST VERBATIM OUT OF WHAT THE ZONING ORDINANCE SAYS.

UM, YOU KNOW, IT, IT HAS ANOTHER SECTION IN THERE.

Y'ALL MAY APPROVE AN SUP WITH CERTAIN CONDITIONS THAT'S LIKE VERBATIM OUT OF, UM, THE ZONING ORDINANCE.

SO THAT WOULD BE A VERY NORMAL THING TO DO TO, TO APPROVE THIS WITH CONDITIONS THAT THEY DO X, Y, Z.

OKAY, THANK YOU SIR.

COMMISSIONERS.

ANY OTHER QUESTIONS? OKAY, HEARING IS SEEING NONE.

UH, THE TIME IS NOW 7 49.

WE'LL TAKE THIS OPPORTUNITY TO OPEN UP THE PUBLIC HEARING ON CASE NUMBER Z DASH 15 0 4 DASH 23.

AGAIN, Z DASH 15 0 4 DASH 23.

UH, ALL INTERESTED PARTIES, UH, YOU CAN SPEAK THIS TIME.

UH, YOU WILL HAVE THREE MINUTES TO EITHER SPEAK IN FAVOR OR IN OPPOSITION.

I WILL START OFF BECAUSE I, I DID RECEIVE A PUBLIC HEARING NOTICE I CAN'T MAKE OUT THE FIRST NAME, UH, BUT THE MIDDLE NAME IS GLEN SMIT.

UH, YOU IN ATTENDANCE, UH, FIRST NAME STARTS R AND SIR, DO YOU WANT YOUR NOTICE TO SPEAK FOR ITSELF OR WOULD YOU LIKE TO COME FORWARD AND SPEAK? WE TALKING ABOUT, WE'RE TALKED ABOUT? LEMME MAKE SURE I HAVE THE RIGHT ONE 'CAUSE I, I MAY NOT.

LEMME SEE.

I, I, OKAY, THANK YOU.

YOU ACTUALLY, YOU'RE ON THE NEXT CASE.

OKAY.

SORRY ABOUT THAT.

ALRIGHT, SO, UH, SO DEFINITELY I'LL BE CALLING ON YOU AGAIN WHEN WE GET TO THAT CASE.

BUT ON THIS CASE, IS THERE ANYBODY WHO WOULD LIKE TO BE HEARD, WHETHER IT BE THE APPLICANT OR ANY OTHER INTERESTED PARTY, IS THERE ANYBODY WHO WOULD LIKE TO BE HEARD EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR CASE NUMBER? AGAIN, THAT'S CASE NUMBER Z DASH 15 0 4 DASH 23.

I WILL ASK ONCE AGAIN, IS THERE ANYBODY IN THE ROOM WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR CASE NUMBER? OKAY, HEARING AND SEEING NONE, WE WILL TAKE THE OPPORTUNITY AT 7 51 2, CLOSE THE PUBLIC HEARING ON CASE NUMBER Z DASH 15 0 4 DASH 23 COMMISSIONERS.

ARE THERE ANY FURTHER QUESTIONS OR COMMENTS? HEARING AND SEEING NONE, IS THERE A MOTION? VICE CHAIR? AL, GO AHEAD.

I WOULD LIKE TO MOVE THAT WE APPROVE CASE NUMBER Z DASH 15 0 4 DASH 23 WITH THE CONDITION THAT ALL SITE PLANS OR ANY OTHER ADDITIONAL INFORMATION THAT IS NEEDED IS RECEIVED BEFORE PERMITS OR, UH, GIVEN AND MS. UH, MS. BROOKS SECONDED A MOTION.

OKAY.

AND I JUST, I JUST WANT, I WANNA BE CLEAR AND COMMISSIONER, UH, UH, VICE CHAIR REVENUE, I'M NOT TRYING TO CHANGE YOUR MOTION, UH, BUT AGAIN, IT APPEARS THAT YOU'RE MAKING A MOTION CONSISTENT WITH STAFF'S RECOMMENDATION AND I'LL READ IT AGAIN.

UH, THAT THEY'RE RECOMMENDING, UH, THAT WE APPROVE THE SUP REQUEST ON A CONDITION THAT NO BUILDING PERMITS SHALL BE ISSUED UNTIL A REVISED SITE PLAN.

LANDSCAPE PLAN AND ELEVATION PLAN HAS BEEN SUBMITTED AND APPROVED BY THE PLANNING DIVISION.

UH, IS YOUR MOTION, SIR, CONSISTENT WITH THAT RECOMMENDATION? I JUST READ? I BELIEVE SO.

OKAY.

NO, YOU BELIEVE SO OR, YOU KNOW, SO I IT IS .

OKAY.

I, I, I HAD TO MAKE SURE.

OKAY.

SO WITH THAT BEING CA BEING THE CASE AND COMMISSIONER BROOKS, YOU STILL SECOND THAT MOTION? THAT'S CORRECT.

ALL RIGHT.

WITH THAT BEING THE CASE, IS THERE ANY UNREADINESS? OKAY.

HEARING AND SEEING NONE.

ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

AYE.

OKAY, KEEP YOUR HANDS UP.

LEMME SEE.

I, I HAVE AYES FROM COMMISSIONER BRAILLE, VICE CHAIR, ELL, UH, MYSELF, CHAIR PUGH, UH, COMMISSIONER BROOKS AND COMMISSIONER BERRY.

ALL OPPOSED DO THE SAME TO SAY NAY.

AND WE HAVE ONE NAY FROM COMMISSIONER CAESAR.

SO THE MOTION PASSES FIVE TO ONE.

THANK YOU VERY MUCH.

WE WILL NOW

[2. Conduct Public Hearing and consider making a recommendation to the City Council on a request to amend Planned Development-111 (PD-111) to create a new Planned Development with base zoning district of SF-9 with deviations (2nd Application Submittal). The properties consist of approximately 17.25 acres of land legally described as being Tract 2 in the Jonas Buskirk Survey, Abstract 110 (501 W. Wintergreen Road) and 9.52 acres of land legally described as being Tract 2.1 in the Jonas Buskirk Survey, Abstract 110 (601 W. Wintergreen Road). The applicant is Dietz Engineering and the property owner is Nueva Vida Life Assembly. (Case No. Z-1506-23)]

MOVE ON TO OUR NEXT PUBLIC HEARING.

OUR NEXT PUBLIC HEARING IS TO CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST TO AMEND PLAN DEVELOPMENT ONE 11, PD ONE 11 TO CREATE A NEW PLAN DEVELOPMENT WITH BASE ZONING DISTRICT OF SF NINE WITH DEVIATION.

SECOND APPLICATION SUBMITTAL.

THE PROPERTIES CONSISTS OF APPRO APPROXIMATELY 17.25

[01:45:01]

ACRES OF LAND LEGALLY DESCRIBED AS BEING TRACKED.

TWO IN THE JONAS B BKI SURVEY, ABSTRACT ONE TEN FIVE OH ONE WEST WINTERGREEN ROAD AND 9.52 ACRES OF LAND LEGALLY DESCRIBED AS BEING TRACKED.

2.1 IN THE JONAS BKI SURVEY, ABSTRACT ONE TEN SIX OH ONE WEST WINTERGREEN ROAD.

THE APPLICANT IS, UH, DIAZ, UH, ENGINEERING AND THE PROPERTY OWNER IS NEVA VIDA VIDA LIFE ASSEMBLY.

AND THIS IS CASE NUMBER Z DASH 15 0 6 DASH 23.

MAY WE HAVE OUR STAFF REPORT PLEASE? OKAY.

YES, COMMISSION.

UH, BEFORE I OPEN, I JUST WANNA ALSO ADD THAT THIS IS A SECOND SUBMITTAL.

UH, THE FIRST TIME THE CASE, UH, CAME BEFORE YOU, YOUR COMMISSION, UH, UNANIMOUSLY RECOMMENDED DENIAL, UH, WHICH TRIGGERED THE REQUIREMENT FOR A SUPER MAJORITY VOTE AT THE CITY COUNCIL.

IT WENT TO THE CITY COUNCIL, UH, THE MOTION THAT THE COUNCIL WAS TO APPROVE AS SUBMITTED.

UH, THAT MOTION RESULTED IN A FOUR THREE VOTE.

AND SINCE THE SUPER MAJORITY REQUIREMENT, UH, WAS ASSOCIATED WITH THAT CASE, THAT ORDINANCE ACTUALLY FAILED.

SO BY THE FACT THAT THE MOTION THERE WAS NOT A MOTION TO DENY WITH PREJUDICE, THERE IS NO TIME LIMIT ON WHEN THE APPLICANT COULD COME BACK.

SO THAT IS WHY THEY ARE COMING BACK IN LESS THAN A 30 DAY THEY ARE AUTHORIZED TO BECAUSE IT WAS NOT DENIED WITH PREJUDICE.

I JUST WANT TO, UM, SHARE THAT WITH YOU AND TO THE PUBLIC COMMISSIONERS.

IF I MAY.

BEFORE MR. BREWER CONTINUES, UM, I DID WANNA ADDRESS COMMISSIONER ELLI, UH, BEFORE WE BEGIN.

THE CITY ATTORNEY'S OFFICE DID ADVISE HER, UH, THAT SHE HAD A CONFLICT OF INTEREST, UM, UNDER, UH, STATE LAW AS WELL AS THE CITY'S OWN ETHICS RULES.

UH, SO THAT'S WHY SHE'S NOT HERE.

I DON'T KNOW THE DECISIONS THAT SHE MADE AFTER THAT, BUT IT WAS ADVISED FOR ONLY THIS ITEM F TWO THAT SHE HAD A CONFLICT OF INTEREST AND SHOULD NOT PARTICIPATE.

UM, SHE HAS MADE HER OWN DECISIONS ON WHAT TO DO BEYOND THOSE STATEMENTS FROM THE CITY ATTORNEY'S OFFICE.

ALRIGHT, THANK YOU MS. SMITH.

MS. BREWER.

OKAY.

AS SHOWN ON THE SCREEN, THE PROPERTY IS LOCATED ALONG THE NORTH SIDE OF WEST WINTERGREEN, EAST OF OLD HICKORY TRAIL.

IT IS TWO SEPARATE TRACKS OF LAND, UH, THAT IS DIVIDED CURRENTLY NOW BY A PUBLIC RIGHT OF WAY CALLED MANTLE BROOK.

SO ON JULY THE 25TH, 2023, A PUBLIC HEARING WAS CONDUCTED BEFORE YOUR COMMISSION.

IN ORDER TO CONSIDER THE APPLICANT'S TO CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR A REQUEST TO AMEND THE CURRENT PD 1 1 1 TO A NEW PLAN DEVELOPMENT WITH A BASE ZONING OF SF EIGHT, FOLLOWING THE PUBLIC HEARING, A MOTION UNANIMOUSLY PREVAILED BY A VOTE OF FIVE TO ZERO TO MAKE A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL FOR THAT ZONING CASE.

ON AUGUST THE SECOND, 2023, THE DEVELOPER FROM DUNBAR COLEMAN LLC SUBMITTED AN APPEAL TO STAFF AND ASSOCIATION WITH THE PNCS RECOMMENDATION OR DENIAL IN ORDER FOR HER PD AMENDMENT REQUEST TO PROCEED TO THE CITY COUNCIL.

FOLLOWING THE PUBLIC HEARING BEFORE YOUR COMMISSION, THE APPLICANT MET WITH STAFF TO DISCUSS THE CONCERNS EXPRESSED DURING THE MEETING AND ALSO PRESENTED A TO STAFF A TRIP GENERATION REPORT, UH, THAT DETERMINED AND BASED ON THE LATEST VERSION OF THE INSTITUTE OF TRANSPORTATION OF ENGINEERS TRIP GENERATION MANUAL, THIS REPORT IDENTIFIED THAT THE PROPOSED DEVELOPMENT WAS NOT GOING TO TRIGGER THE TWO MARKS.

ONE BEING 100 VEHICLES PER HOUR OR 1000 VEHICLES PER DAY.

IF IT WOULD'VE TRIPPED EITHER ONE OF THOSE TWO, UH, THRESHOLDS, THEN IT WOULD HAVE REQUIRED THE APPLICANT TO CREATE A, UH, TRIP GENERATION REPORT.

AND SO ON THAT CASE ALONE, IT DIDN'T, IT WAS, WOULD NOT BE REQUIRED ON AUGUST THE 15TH, 2023, A PUBLIC HEARING WAS CONDUCTED BEFORE THE CITY COUNCIL DURING WHICH TIME A REVISED CONCEPT PLAN, WHICH WAS REVISED TO INCLUDE AN ENTRANCE EXIT ROADWAY OFF OF OLD HICKORY TRAIL, WAS PRESENTED TO THE CITY COUNCIL THAT ADDRESSED MANY OF THE CONCERNS EXPRESSED DURING THE PUBLIC HEARING THAT WAS HELD BEFORE YOUR COMMISSION ON JULY THE 25TH.

DURING THE APPLICANT'S APPEARANCE BEFORE THE CITY COUNCIL, THE APPLICANT STATED HER WILLINGNESS TO ESTABLISH THIS DEVELOPMENT AS A GATED COMMUNITY AMPLIFIED SEVERAL AMENITIES WITHIN THIS RESIDENTIAL COMMUNITY, INCLUDING A WALKING TRAIL WITH BENCHES, A GAZEBO WITH OPEN SPACE AREA AND OUTDOOR FITNESS, FITNESS AREA, AND A DOG PARK.

WITH THE ORDINANCE NOT INCLUDING THE ADDITIONAL ITEMS THAT THE APPLICANT STATING HER WILLINGNESS TO INCLUDE WITHIN THIS PLAN DEVELOPMENT, A MOTION UNANIMOUSLY PREVAIL BY A VOTE OF SEVEN TO ZERO TO ONE OFFICIALLY CLOSE THE PUBLIC HEARING FOR THAT ZONING CASE.

TWO, REQUEST THE CITY ATTORNEY TO REVISE THE ORDINANCE TO INCLUDE THE ITEMS THAT THE APPLICANT EXPRESSED THEIR WILLINGNESS TO PROVIDE WITHIN THIS PLAN DEVELOPMENT SITE.

AND THREE, TO PLACE THE REVISED ORDINANCE ON THE CITY'S COUNCIL'S NEXT MEETING, WHICH WAS GONNA

[01:50:01]

BE SEPTEMBER THE FIFTH, 2023 FOR FORMAL CONSIDERATION FOLLOWING THE AUGUST THE 15TH PUBLIC HEARING AND WITH THE CITY HAVING A PARK DEDICATION REQUIREMENT, WHICH IS PART OF CODE OF ORDINANCES.

CHAPTER THREE, REGULATION ARTICLE THREE POINT 13 PARKLAND DEDICATION, UH, SECTION THREE POINT 1303 CITY STAFF IDENTIFIED THE OPPORTUNITY FOR THE CITY'S ROYAL TRAIL TO BE EXTENDED FROM WEST WINTER GREEN TO NORTHWEST MOLAND.

THE APPLICANT'S SITE PLAN, UH, WAS REVISED AND IT OFFICIALLY ESTABLISHED THAT THERE WAS GONNA BE A GATED COMMUNITY THAT THE CITY IF APPROVED, WAS GOING TO BE AGREEING TO A ABANDON MANTLE BROOK DRIVE.

AND THUS MANTLE BROOK DRIVE, THAT RIGHT AWAY WILL BECOME PART OF THIS GATED COMMUNITY.

THERE WILL BE ONE RECESSED ENTRANCE EXIT GATE ESTABLISHED ON BOTH WINTERGREEN ROAD AND OLD HICKORY TRAIL.

ALSO ON WEST WINTERGREEN ROAD, THERE WILL BE ONE EXIT ONLY SECURITY GATE WITH A SMALLER RIGHT OF WAY EXITING ON WEST, UH, WINTERGREEN ONLY BETWEEN MANTLE BROOK AND OLD HICKORY TRAIL.

THE 2.382 ACRES OF LAND ALONG THE WEST SIDE OF THE DEVELOPMENT SITE WOULD BE DEDICATED BY THE PROPERTY OWNER TO THE CITY.

DURING THE FINAL PLANTING PROCESS, WOULD SET PROPERTY BE UTILIZED AS A PUBLIC PARK.

THE DEVELOPER WOULD CONSTRUCT AT THE DEVELOPER'S EXPENSE, AN EIGHT FOOT CONCRETE WALKING TRAIL THROUGH THE 2.38 ACRE GREEN BELT PARKLAND AREA.

AND THEN CONSTRUCT, CONSTRUCT AND EXTEND THE EIGHT FOOT CONCRETE WALKING TRAIL THROUGH THE UNPAVED WOODLAND HILL AVENUE RIGHTS OF WAY WEST TO NORTHWEST MOLAND ROAD.

A MINIMUM OF SIX FOOT SCREENING WALL WOULD BE CONSTRUCTED BY THE DEVELOPMENT ALONG THE WEST, SOUTH, AND EAST PROPERTY LINES OF THIS DEVELOPMENT SITE.

A CONTINUOUS FIVE FOOT SIDEWALK WOULD BE CONSTRUCTED BY THE DEVELOPER ALONG THE NORTH SIDE OF WEST WINTERGREEN ROAD AND WEST SIDE OF O HICKORY TRAIL.

THE DEVELOPER WOULD PROVIDE A WALKING TRAIL WITH BENCHES AND PEDESTRIAN SECURITY GATE WITHIN THE COMMUNITY, CONNECTING THE COMMUNITY TO THE PUBLIC PARK AND THE PUBLIC WALKING TRAIL.

THE DEVELOPER WOULD PROVIDE ONE GAZEBO WITHIN HOA MAINTAINED COMMON OPEN SPACE AREA.

ON SEPTEMBER THE FIFTH, 2023, THE CITY'S ATTORNEYS REVISED THE ORDINANCE AND IT WAS PRESENTED TO CITY COUNCIL FOR FORM OF CONSIDERATION.

FOLLOWING DISCUSSION BY THE COUNCIL, A MOTION WAS MADE TO APPROVE THE ORDINANCE AS PRESENTED.

THE MOTION RESULTED, RESULTED IN A VOTE OF FOUR TO THREE, BUT THE ORDINANCE FAILED DUE TO NOT HAVING RECEIVED THE REQUIRED SUPER MAJORITY VOTE OF SIX MEMBERS.

ON SEPTEMBER THE 25TH, 2023, THE APPLICANT REPRESENTING THE DEVELOPER SUBMITTED A NEW APPLICATION FOR APPROVAL OF THE CHANGE OF ZONING APPLICATION TO PD AND REVISED THEIR CONCEPT PLAN.

IT WAS SUBMITTED TO STAFF.

THE NEW APPLICATION AND REVISED CONCEPT PLAN SOUGHT TO AMEND THE EXISTING PD 1 1 1 WITH THE BASE ZONING OF SF 20, WHICH ESTABLISHES MINIMUM SQUARE LOTS OF 20,000 SQUARE FEET TO A NEW PLAN DEVELOPMENT WITH A BASE ZONING OF SF NINE, SF NINE BEING A SINGLE FAMILY RESIDENTIAL WITH MINIMUM LOT SIZE OF 9,000 SQUARE FEET INSTEAD OF THE SF EIGHT, WHICH IS 8,000 SQUARE FEET AS SUBMITTED WITH THE FIRST APPLICATION.

AND THIS APPLICATION WAS TO INCLUDE TWO DEVIATIONS.

ONE CONTINUING ONE OF THE DEVIATION REQUESTS FROM THE FIRST SUBMITTAL, WHICH WAS TO HAVE NO ALLEYS.

AND THE SECOND ONE, WHICH IS A NEW ONE, TO HAVE A FRONT YARD SETBACK OF 20 FEET INSTEAD OF 25 FEET.

AND THIS DEVIATION IS BEING REQUESTED BECAUSE OF THE NEXT, UH, BULLET, WHICH SAYS THE NEW APPLICATION IDENTIFIES THE PROPOSED PD WOULD HAVE A HUNDRED PERCENT JW GARAGES.

I WILL REMIND THE COMMISSION WHEN THE FIRST APPLICATION CAME TO YOU, THE APPLICANT WAS NOT PROPOSING 100% J JWS.

THERE'S GONNA BE A MIXTURE OF FRONT ENTRY GARAGES AS WELL AS JWS.

AND SO NOW THAT THE APPLICANT IS PROPOSING 100% JW, UH, SHE HAS IDENTIFIED THE NEED TO MOVE THAT FRONT BUILDING LINE UP FIVE FEET IN ORDER TO ALLOW THAT JW GARAGE TO PROTRUDE CLOSER TO THE ROAD BY FIVE FEET.

THE NUMBER OF THE PROPOSED SINGLE FAMILY RESIDENTIAL LOTS HAS ALSO BEEN REDUCED FROM 80 TO 73.

THE REQUIRED PUBLIC HEARING HAS NOW BEEN PROPERLY ADVERTISED AND WILL BE CONDUCTED BEFORE YOUR COMMISSION TONIGHT.

FOR YOUR FORMER CONSIDERATION OF THE APPLICANT'S NEW APPLICATION AND REVISED CONCEPT PLAN I'VE INCLUDED INTO YOUR PACKAGE, IT WAS SHOWED ON THE SCREEN.

THE PLAN IS SUBMITTED BY THE APPLICANT BACK IN JULY, 2023 DURING HIS FIRST SUBMITTAL.

I WILL REMIND YOU, AT THAT TIME IT WAS GOING TO BE AN OPEN PUBLIC COMMUNITY WITH TWO ENTRANCES BOTH OFF OF WINTERGREEN ROAD, NO ENTRANCES OFF OF OLD HICKORY TRAIL.

THE

[01:55:01]

LAND, THE, THE GREEN SPACE IS ALONG THE WEST SIDE, WHICH IS BORDERING A DRAINAGE CHANNEL, UH, WAS GONNA BE PROPOSED AS A PRIVATE, UH, PUBLIC GREEN SPACE LAND THAT WAS GONNA BE MAINTAINED BY THE HOA.

THE NEXT SITE PLAN WAS THE FIRST REVIEW PRIOR TO US GOING TO THE COUNCIL, IT SHOWED WHERE THE DEVELOPER WAS LISTENING TO WHAT RESIDENTS AND THE COMMISSIONER WERE VOICING ABOUT CONCERNS WITH ALL TRAFFIC GOING ON TO WEST WINTERGREEN.

AND AS I READ IN MY BULLETS EARLIER, THIS IS WHERE THEY PROPOSED TO HAVE TWO MAIN ENTRANCES, ONE OF THE LARGER ENTRANCES, A RECESSED CONTROLLED SECURITY GATE OFF OF WEST WINTERGREEN AND A RECESSED CONTROLLED GATE COMING OFF OF OLD HICKORY AND THEN A SMALLER GATE THAT WAS GOING TO BE RESTRICTED TO EXITING TRAFFIC ONLY.

UH, THIS DEVELOPMENT ALSO SHOWS, UM, IT WAS GONNA BE ONLY ONE SMALL GATE, UH, COMING OUT OF THIS OPEN COMMON LAND THAT ALLOWED THE COMMUNITY TO UTILIZE THEIR WALKING TRAIL THAT'S BEING PROPOSED FOR THEIR OPEN SPACE TO COME OUT OF THEIR COMMUNITY INTO WHAT IS TO BE A PUBLIC DEDICATED RIGHT OF WAY AND PUBLIC PARK AREA.

UH, BUT WITHIN THIS AREA, UH, AS YOU SEE FROM THE NOTES HERE, THEY'RE PROPOSING AMENITIES SUCH AS, UH, BENCHES, ET CETERA.

UH, THIS PROPOSED WALKING TRAIL WOULD EXTEND FROM, UH, WEST MOLAND NORTH THROUGH THE GREEN BELT AREA AND UH, DOWN INTO THE GREEN SPACE AREA.

BUT AGAIN, THAT'S COMING UP NEXT.

SO THIS IS A SUBMITTED SITE PLAN THAT I'M NOW REFERRING TO.

WHAT HAS CHANGED HERE ARE THE LESS DENSITY WITHIN THE COMMUNITY FROM 80 PROPOSED SINGLE FAMILY DETACHED, LOTS TO 73, UH, SINGLE FAMILY DETACHED LOTS, A GATED COMMUNITY STEEL.

UM, ALL ROADS WILL BE PRIVATE WITHIN HERE.

THE PARKLAND ON THE, ON THE WEST SIDE WILL BE DEDICATED TO THE CITY.

UH, AND THAT'S THE EIGHT FOOT TRAIL THAT'S BEING SHOWED HERE ON THIS.

AND I'LL USE THE WORD CONCEPT PLAN THAT I MENTIONED TO YOU EARLIER.

THIS IS THE SECOND SUBMITTAL THAT'S, UM, IT LOOKS LIKE I WAS ONE SLIDE AHEAD OF MYSELF, BUT THIS IS THE SUBMITTAL THAT SHOWS THE CHANGE IN THE NUMBER OF LOTS FROM 80 TO 73.

UM, WE SPOKE, UH, EARLIER ABOUT, UM, THIS IS GONNA BE THE COMMON SPACE THAT IS OWNED AND MAINTAINED BY THE HOA.

IT DOES SHOW A WALKING TRAIL AROUND THIS PROPOSED ATTENTION OR RETENTION POND.

NOW NOTE ALSO TO KNOW EXACTLY THE SIZE OF THAT RETENTION OR RETENTION POND IS, IT WON'T BE CALCULATED UNTIL THE ENGINEERING PHASE OF THIS PROJECT SHOULD THE ZONING CASE BE APPROVED, AT WHICH TIME THAT WOULD DICTATE THE SIZE OF THAT DETENTION OR RETENTION POND.

AND THUS DICTATE TRULY WHETHER THE APPLICANT WILL BE ABLE TO PUT SOME OF THE AMENITIES THAT THEY'RE SHOWING HERE.

UH, THE DRAWING SHOWS AT LEAST A SPACE PROPOSED FOR A DOG, DOG PARK AND A SPACE WHERE SOME, UM, EXERCISE, UH, AREA WOULD BE.

AND THAT'S THE GAZEBO THAT THEY'RE PROPOSING RIGHT THERE ON YOUR SCREEN.

NOW YOU DO SEE THE NOTIFICATION MAP AGAIN, UH, IN BLACK IT SHOWS THE PROPERTY THAT'S BEING REQUESTED TO REZONE.

THE BLUE PERIMETER IS OUR 200 FOOT RADIUS IN ORDER TO COMPLY WITH STATE AND LOCAL STATUES.

AND THEN THE PURPLE IN ORDER TO COMPLY WITH OUR LOCAL REGULATIONS THAT ESTABLISHED BY CITY COUNCIL THAT WE ALSO SEND OUT NOTICES TO PROPERTY OWNERS BETWEEN 200 AND 400 SQUARE FEET.

WE MAILED OUT A TOTAL OF 50 COURTESY NOTICES TO THOSE PROPERTY OWNERS WITHIN 400 FEET.

AND WE MAILED 46 TO PROPERTY OWNERS WITHIN 200 FEET FOR A TOTAL OF 96 PUBLIC HEARING NOTICES MAILED OUT.

UH, BEFORE THE NIGHT'S MEETING, I DID CHECK OUR FILES AND IT APPEARS THERE WAS ONLY ONE NOTICE RETURNED TO, TO STAFF IN OPPOSITION AND IT WAS A RESIDENT IN THE ADJOINING, UM, CLUB PARK SUBDIVISION.

AND, UH, HER RESPONSE THAT READS THIS CHANGE WILL INCREASE TRAFFIC, WHICH WILL CAUSE A, A CONFLICT EXITING OUR PROPERTY ON TO WESTMORELAND.

AND AGAIN, THIS ONE APPLICANT IS IN OPPOSITION.

UH, HAVING RECEIVED ONLY ONE NOTICE THUS FAR, UH, DOES NOT TRIGGER THE, UH, SUPER MAJORITY VOTE OF THE FULL COUNCIL.

THESE RETURN NOTICES DO NOT HAVE AN IMPACT ON YOUR VOTE.

WE WILL

[02:00:01]

KEEP, UH, ACCUMULATING THESE AND WE'LL GIVE COUNCIL THE FINAL RESULTS WITH THE MAP UPDATED TO CLEARLY SHOW WHERE THOSE PROPERTIES ARE LOCATED AND IF IT TRIGGERS THAT 20%, UH, SUPER MAJORITY VOTE THAT THEY WILL HAVE TO DO, SHOULD THAT 20% THRESHOLD, UH, BE, UH, ACHIEVED.

THE MAP ON THE LEFT RIGHT IS JUST AGAIN A VICINITY MAP TO HELP GIVE YOU A VISUAL OF WHERE THIS PROPERTY IS LOCATED VERSUS OTHER PLANTED PROPERTIES WITHIN THIS, UH, AREA.

PROPERTY, UH, SITE PLAN ON THE LEFT IS OUR ZONING MAP.

IT SHOWS YOU THE, UH, PROPOSED PD, UH, PLUS PARKS, UH, RESIDENTIAL, UH, PD, UH, THIS PROPERTY UP TO THE NORTH.

YOU SEE THESE LONGER TRACKS OF LAND.

ALL THIS IS SINGLE FAMILY AND THESE LOTS ARE THE SF 20 WITH 20,000 SQUARE FEET LOTS.

THAT IS WHAT ORIGINALLY THIS PROPERTY WAS.

AND WHEN THIS PD WAS ESTABLISHED, THIS EXISTING PD OF 1 1 1 HAD A BASE ZONING OF SF 20.

AND THAT'S WHAT THE APPLICANT IS PROPOSING TO CHANGE.

NOW TO THE SOUTH IS DEVELOPMENT IN GREEN.

THOSE ARE DUPLEXES AND GREEN ARE, UH, SF UH, 12 SINGLE FAMILY HOMES.

THE DRAWING, THE UH, D AD MAP ON THE RIGHT HELPS GIVE YOU A LITTLE VISUAL TO SEE WHAT HAS BEEN DEVELOPED AS CLUB PARK.

WHAT'S THE MANTLE BROOK SUBDIVISION TO THE SOUTH, WHAT VACANT PROPERTY IS UP TO THE NORTH.

WE MENTIONED THE TRAIL.

UM, FOLLOWING YOUR MEETING, UM, IS WHEN STAFF HAD A A A A REALIZATION THAT, YOU KNOW, WE DO HAVE A PARK DEDICATION FEE, I MEAN A, A PARK DEDICATION FUND.

AND THAT IS, UM, CHAPTER THREE OF OUR BUILDING REGULATIONS.

AND PLEASE ALLOW ME TO READ THIS 'CAUSE I THINK WE'VE HAD SOME QUESTIONS DURING OUR WORKSHOP.

AND I WANTED TO READ THIS, THIS SECTION THREE POINT 1303 PARKLAND DEDICATION REQUIREMENTS.

AND I'M ONLY GONNA READ A, WHENEVER A FINAL PLAT IS FILED OF RECORD WITH THE COUNTY CLERK OF DALLAS COUNTY FOR DEVELOPMENT OF A RESIDENTIAL AREA IN ACCORDANCE WITH THE PLANNING AND ZONING ORDINANCES OF THE CITY.

SUCH PLAT SHALL CONTAIN A CLEAR FEE FEE, SIMPLE DEDICATION OF AN AREA OF LAND TO THE CITY FOR PARK PURPOSES, WHICH SHALL BE CALCULATED AT A RATE OF NOT LESS THAN TWO ACRES OF PARKLAND PER 100 DWELLING UNITS.

ANY PROPOSED PLAT SUBMITTED TO THE CITY FOR APPROVAL SHALL SHOW THE AREA PROPOSED FOR DEDICATION UNDER THIS ARTICLE.

THE DEDICATION OF LAND REQUIRED BY THIS ARTICLE MAY BE MET BY THE PAYMENT OF MONEY IN LIEU OF LAND WHEN PERMITTED OR REQUIRED BY THIS ARTICLE DOING YOUR WORKSHOP EARLIER, YOU KNOW, WE WERE DISCUSSING WHETHER THIS WAS AN OPTION.

THIS IS A MANDATE AND THE APPLICANT DEVELOPER IS TRYING TO MEET THAT REQUIREMENT PER CITY REGULATIONS.

ROYAL TRAIL IS WHAT YOU'RE SEEING IN RED, UH, MAJORITY OF IT FOLLOWS 10 MILE CREEK.

SO THIS IS AN OPPORTUNITY, UH, THIS WHERE MY HIGHLIGHTER IS, THIS IS WINTERGREEN.

IT SHOWS TRAIL.

UH, THIS MAP WHICH WAS DEVELOPED IN 2020 DOES NOT SHOW RURAL TRAIL GOING ALL THE WAY UP TO WINTERGREEN, BUT ON THE NEXT DRAWING YOU'LL BE ABLE TO SEE HOW IT EXTENDS UP TO, UH, WHAT APPEARS TO BE THE RIGHT OF WAY AREA.

WE MENTIONED ALSO EARLIER DURING THE WORKSHOP WHY THIS MAP DOESN'T SHOW IT.

THE CITY HAS BEEN IN CONTACT OR DIALOGUE WITH THE DEVELOPER, WILDWOOD FOR THE SUBDIVISION THAT THEY ARE DEVELOPING UP NORTH, SOUTH OF DANIELDALE, WEST SIDE OF WESTMORELAND.

THERE ALSO, YOU SEE IS A DRAINAGE CHANNEL THAT IS COMING THROUGH THEIR SUBDIVISION.

SO A PART OF A TIER REQUIREMENT THAT THE CITY HAS PLACED ON THE DEVELOPER, A PARK TRAIL WILL BE COMING THROUGH THAT AREA.

SO THAT IS WHY STAFF IDENTIFIED THE OPPORTUNITY THAT A PARK TRAIL IS GONNA BE COMING THROUGH HOMESTEAD OF DANIEL DALE'S PROJECT AND IT'S GONNA DEAD END IN WESTMORE.

AND THIS IS AN OPPORTUNITY TO EVEN GET A MORE LINEAR PARK THAT COULD ACTUALLY EVEN CONNECT THE RESIDENTS UP IN DANIEL HOMESTEAD.

DANIELDALE, UH, TOOK DIFFERENT THINGS ALONG, UH, CREEK EVEN GET US DOWN TO OUR, UM, FUTURE HAMP, UM, HAMPTON ROAD AREA.

THIS IS THE D AD MAP TO WHERE, UH, THIS IS WINTERGREEN HERE.

THIS IS THE TRACK ON THE WEST SIDE TRACK ON THE EAST SIDE.

AND I'M SHOWING THIS TO ILLUSTRATE THE TRAIL THAT'S COMING UP HERE.

UH, COMMISSIONER AV, I THINK THIS IS THE CUL-DE-SAC THAT YOU WAS REFERRING TO EARLIER, UH, THAT DEAD ENDS DEALING WITH THIS MANTLE BROOK AREA.

BUT AS YOU SEE, THIS TRAIL GOES PAST THE CUL-DE-SAC AND THEN GOES UP AND STOPS RIGHT AT THE RIGHT OF WAY MARK.

AND SO THE, THE THE, THE POSSIBILITY THE STAFF HAS SEEN, UM, WITH THE DEVELOPER MEETING THE REQUIREMENT FOR PARKLAND DEDICATION OR SHOULD THIS GO THROUGH AND A TRAIL BE WALKED THROUGH, THIS IS A POSSIBLE CONNECTION IF

[02:05:01]

THE CITY SEES SO BROUGHT DOWN THE UNDEVELOPED, UH, HIGHLAND ROAD WITH THE POTENTIAL TO CONNECT TO THE TRAIL THAT THE WILDWOOD DEVELOPER IS BEING REQUIRED OF THE CITY TO DO, UH, NORTH OF THIS SITE.

SO THAT CONCLUDES STAFF'S REPORT.

STAFF DOES RECOMMEND THAT THE PLANNING IS UNDER COMMISSION.

MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO AMEND THE EXISTING PLAN DEVELOPMENT 1 1 1 WITH A BASE ZONING OF SINGLE FAMILY, 20 TO A NEW PLAN DEVELOPMENT WITH A BASE ZONING OF SINGLE FAMILY NINE WITH TWO DEVIATIONS WITH THOSE DEVIATIONS BEING NO ALLEYS AND THE FRONT YARD SETBACK, UH, DECREASED TO 20 FEET FROM 25 AS PRESENTED.

STAFF WILL ADDRESS ANY QUESTIONS OR CONCERN YOU MAY HAVE ABOUT THE REPORT.

ALRIGHT, COMMISSIONERS, YOU'VE HEARD THE REPORT OF STAFF.

ANY QUESTIONS MR. AVNER? GO AHEAD.

UH, YES, UH, RELATIVE TO THE GREEN SPACE WITHIN THE COMMUNITY, YOU MENTIONED THAT THERE'S GONNA BE A RETENTION OR A DETENTION POND BUT YOU DON'T KNOW THE SIZE OF IT AND YOU WON'T KNOW DEPENDING ON THE SIZE.

UH, THE APPLICANT MAY OR MAY NOT BE ABLE TO PROVIDE THE AMENITIES.

IS THAT CORRECT? LET ME ADD ONTO THAT.

THEIR ENGINEERING CALCULATIONS MAY ACTUALLY SHOW A DETENTION OR RETENTION POND MAY NOT BE NEEDED.

OKAY.

THERE ARE TIMING STUDIES THAT COULD BE DONE TO TRULY IDENTIFY SOMETIMES HOLDING WATER RIGHT NEXT TO A CHINA COULD CAUSE DAMAGE DOWNSTREAM.

WE COULD GET IT IN THERE FASTER, BUT A STUDY ENGINEERED CALCULATIONS HAVE TO BE DONE TO DETERMINE IF ONE WOULD BE NEEDED OR NOT.

AND THEN FOLLOWING WHAT YOU SAID, IT COULD BE DETERMINED THAT ONE WOULD BE NEEDED, THAT MAY HAVE TO BE ENLARGED, THAT MAY, YOU KNOW, CAUSE SOME IMPACT OF ANY PROPOSED AMENITIES IN THAT AREA.

OKAY, THANK YOU.

ALRIGHT, COMMISSIONER, ANY OTHER QUESTIONS? I HAVE ONE MR. CHAIR, PLEASE.

UH, MR. BREWER STAYING RIGHT THERE ON THAT SCHEMATIC AROUND THE RETENTION POND, THE WALK AREA THERE, DOES IT STILL HAVE THE EXIT GATE GOING OUT FROM THE SUBDIVISION GOING OUT TO THE WALK TRAIL? YES.

COMMISSION.

THAT WOULD BE THE ONLY EXIT.

WHEN IT CAME TO YOU FIRST THEY WERE SHOWING GATES COMING OUT OF BOTH CUL-DE-SACS, BUT SINCE THEY'RE PROPOSING TO, TO CREATE IT AS A GATED COMMUNITY, THAT WILL BE THE ONLY WALKING GATE THAT COMES OUT OF THE COMMUNITY ON THAT SIDE.

EXCELLENT, EXCELLENT.

SECOND QUESTION.

IS AROUND THE WALK TRAIL ITSELF, UNDERSTANDING THAT THE, UH, DEVELOPER HAS AGREED TO DEVELOP THAT WALK TRAIL WITH THE BENCHES AND SOME, UH, GREENERY LANDSCAPE.

THAT'S THE WORD I'M LOOKING FOR.

MY QUESTION, AS I PROPOSED EARLIER IN OUR WORK SESSION LIGHTING, HAS ANYTHING BEEN MENTIONED WITH YOU AND THE DEVELOPER IN ANY TYPE OF CONVERSATION WHO WOULD PROVIDE LIGHTING? NO MA'AM.

THANK YOU.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS? MR. RETO? THANK YOU.

UH, THANK YOU UH, COMMISSIONER FOR THAT QUESTION.

NOW WOULD ASK, IS ANY OF THE ROAR TRAIL LIGHTED? I'M NOT SURE, UH, BECAUSE THE ROAR TRAIL FALLS UNDER OUR PARK AND RECREATION DEPARTMENT AND I'M JUST NOT FAMILIAR WITH IT.

OKAY, THANK YOU.

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

THANK YOU MR. BREWER.

AND THE APPLICANT IS HERE.

THEY HAVE A POWERPOINT PRESENTATION THAT THEY WOULD LIKE TO PRESENT ALSO.

OKAY.

THEN WITH THAT BEING SAID, THE TIME IS NOW EIGHT 17.

WE WILL TAKE THE OPPORTUNITY TO OPEN UP, UH, THE PUBLIC HEARING AT THIS TIME.

UH, MR. BREWER JUST STATED THAT THE APPLICANT IS HERE WITH A POWERPOINT PRESENTATION.

SO IF YOU DO WANNA COME FORWARD, IF YOU WOULD PLEASE STATE YOUR NAME AND CITY OF RESIDENCE AND YOU MAY PROCEED.

NAME SAMANTHA HABE.

OH, HOLD ON.

SORRY, .

GOOD EVENING EVERYBODY.

MY NAME IS SAMANTHA HABE.

I'M WITH DEETS ENGINEERING AND THEY, THEY CAN'T HEAR YOU.

CAN YOU GET CLOSER TO MIC? SAMANTHA HABE WITH DEETS ENGINEERING.

OKAY.

I'M A RESIDENT OF JOSEPHINE.

OKAY.

WHAT CITY AGAIN? I'M SORRY? JOSEPHINE JO.

OKAY, THANK YOU.

YES, GO AHEAD.

AND WE ARE HERE TO PRESENT THE WINTER GREEN ESTATES.

UH, AS MR. BREWER HAS ELOQUENTLY PRESENTED TO EVERYBODY, WE ARE TRYING TO GET A BASE ZONING OF SF NINE, WHICH IS 9,000

[02:10:01]

SQUARE FOOT LOTS MINIMUM.

AND WE HAVE EXCEEDED THAT.

I WOULD LIKE TO, UM, INTRODUCE THE, A DEVELOPER AND THE BUILDER AS, UH, DUNBAR COLEMAN, WHICH CONSISTS OF ANGELIA DUNBAR AND CORNELIUS COLEMAN.

AND RIGHT NOW I'D LIKE TO ALLOW THEM TO GO AHEAD AND TALK ABOUT SOME OF THEIR ACCOMPLISHMENTS AND EXPERIENCE.

OKAY.

AND IF YOU COME FORWARD, ONCE AGAIN, IF YOU'LL JUST STATE YOUR NAME, STATE OF RESIDENCE, AND YOU MAY PROCEED.

THANK YOU.

MY NAME IS ANGEL SCOTT DUNBAR.

I'M A RESIDENT OF DESOTO FOR 10 YEARS.

AND, UM, I LIKE TO FIRST APOLOGIZE FOR THE LAST TIME YOU GUYS SAW ME.

I DID NOT GIVE YOU A CHANCE.

I DID NOT GIVE MYSELF A CHANCE TO COME BACK AND, UM, ADHERE TO YOUR RECOMMENDATIONS, BUT THAT WAS DUE TO THE FACT WE HAD A TIME CONSTRAINT ON ACQUIRING THE LAND.

SINCE THAT TIME, WE'VE BEEN ABLE TO GET AN EXTENSION, WHICH IS WHY WE'RE ABLE TO COME BACK BEFORE YOU AND THE LANDOWNER SAW, OUR INTENT WAS TO STILL PROCEED.

SO THEY GAVE US GRACE.

AND I HOPE YOU GUYS DO THE SAME TODAY IN HEARING THIS FAIRLY.

BUT JUST TO GIVE YOU A LITTLE BA A LITTLE BIT ABOUT MY EXPERIENCE.

I STARTED BUILDING IN DESOTO IN 2016.

I'VE, SINCE THAT I BUILT TWO HOUSES OVER IN SILVER CREEK ESTATE ON CARRIAGE CREEK.

I'VE ALSO BUILT AN EAGLE POINT ESTATES, A 5,000 SQUARE FOOT HOME.

AS WELL AS I'VE DONE HOUSES THROUGHOUT THE CITY OF DALLAS.

I'VE BUILT OVER 20 HOUSES THROUGH THE CITY OF DALLAS AFFORDABLE HOUSING PROGRAM.

IN ADDITION TO THAT, I, IN BETWEEN, UH, 16 AND UH, 2018, I TOOK OVER 20 PEOPLE TO HURRICANE IRMA AND I WORKED ON HOUSES THERE FROM THE, UM, STORM ALSO WENT TO HURRICANE HARVEY IN BEAUMONT, AND I WORKED THERE WITH, UH, CONTRACTORS TO REBUILD HOUSES.

SO I HAVE THE BUILDING EXPERIENCE AND THEN I ALSO WENT TO PRAIRIE VIEW, TEXAS.

I BUILT STUDENT HOUSING.

THAT PROJECT IS A $32 MILLION PROJECT FOR PHASE ONE, AND I COMPLETED 120 UNITS.

AND SO IT'S NOT THAT WE CAN'T DO IT, WE NEED THE OPPORTUNITY TO DO IT, AND WE'RE TRYING TO DO IT HERE IN DESOTO.

ME AND MY PARTNER ARE DEDICATED TO DESOTO.

WE GO TO CHURCH IN DESOTO.

BEEN A MEMBER OF DISCIPLE CENTRAL DC THREE FOR 15 YEARS.

WE ARE PART OF THE FOUNDING TEAM, AND WE WANT TO PLANT OUR FEET IN DESOTO AS FOREST CONSTRUCTION.

THANK YOU.

HELLO, MY NAME IS CORNEA COLEMAN III.

UM, I LIVE RESIDE IN GRAND PRAIRIE, TEXAS.

UH, AS MS. DUNBAR MENTIONED, UH, WE PARTNERED TOGETHER SINCE ABOUT 2016, UH, BUILDING VARIOUS HOUSES.

AT THAT TIME, I WAS IN CORPORATE AMERICA, UH, MANAGING, UH, FORTUNE 500 COMPANY, UH, WITH EMPLOYEES BOTH HERE IN AMERICA AS WELL AS OVERSEAS.

I ALSO AM A CFO FOR DISCIPLE CENTRAL COMMUNITY CHURCHES, AS WELL AS ONE OF THE PLANT MEMBERS THERE.

UM, AND SO ONE OF THE REASONS WHY WE DO WANT TO GIVE BACK IS BECAUSE I SEE ON A DAILY BASIS THE NEEDS IN DESOTO.

UH, I GET PHONE CALLS REQUESTING ALL TYPES OF THINGS.

AND SO THAT'S ONE OF THE PRIMARY REASONS WHY WE WANT TO GIVE BACK, UH, TO DESOTO AND TO HELP THIS AREA CONTINUE TO GROW.

UH, AND I'LL TURN IT OVER TO MR. SEAN.

GOOD EVENING, UH, CHAIRPERSON PUGH, MEMBERS OF THE, UH, PLANNING COMMISSION.

THANK YOU AGAIN FOR YOUR TIME.

THANK YOU FOR YOUR COMMITMENT AND WHAT YOU DO IN VOLUNTEERING TO MAKE SURE THAT DESOTO IS BEAUTIFUL AND STAY BEAUTIFUL, UH, WONDERFUL PARK SYSTEM.

UM, I'M A RESIDENT OF DALLAS, TEXAS.

UH, SEAN JOHNSON, OVER 25 YEARS OF EXPERIENCE IN THE PARKS PROFESSION, UM, HAVE BEEN A PART OF A NUMBER OF DEVELOPMENTS IN THE PARK SYSTEM.

I CURRENTLY SIT ON A FEW BOARDS OF THE NATIONAL RECREATION AND PARK ASSOCIATION AND ONE OF THE MEMBERS OF THE AMERICAN ACADEMY OF PARKS AND RECREATION ADMINISTRATION.

UH, SO WHEN WE SAW THIS DEVELOPMENT, WE WERE SUPER EXCITED ABOUT THE OPPORTUNITY THAT WAS POSED.

UH, LOOKING AT THE DEVELOPMENT PLAN THAT THEY HAVE, HOW DO YOU COMPLIMENT AN ALREADY WONDERFUL PARK SYSTEM THAT YOU ALL HAVE HERE IN THE CITY OF DESOTO? AND SO AS WE AS, UM, WORKING WITH DUNBAR COLEMAN, LOOKING AT THEIR DEVELOPMENT PLANS AND HOW THEY'RE KEEPING PEOPLE IN THE FOREFRONT OF THIS DEVELOPMENT, UH, THIS WILL NOT BE A, A, UM, A LOW INCOME DEVELOPMENT.

THIS WILL BE HIGH-END GATED COMMUNITY.

AND ADDING THESE TYPES OF AMENITIES TO IT LENDS TO THAT.

SO WHEN YOU LOOK AT THE, UH, THE CONNECTION TO THE ROYAL OR TRAIL, WHEN YOU LOOK AT THE PROPOSED AMENITIES WITHIN THE PARK SYSTEM, UH, WHAT WITHIN THE DEVELOPMENT THAT WOULD COMPLEMENT THE PARK SYSTEM, WE NOTICED A WAY TO, UM, KINDA CLOSE THE GAP ON SOME OF THOSE ACTION ITEMS THAT WERE CALLED OUT IN THE, UH, 2023 BUSINESS PLAN AS WELL AS THE ADOPTED PARTS MASTER PLAN GOAL NUMBER 10, DEVELOPING ZONING REQUIREMENTS THAT REQUIRE GREEN SPACE AS PART OF RESIDENTIAL COMMERCIAL DEVELOPMENT.

UH, SITTING THROUGH THE WORK SESSION IN THE EARLIER ITEM, WE SAW THAT THAT ITEM HAD MOVED FORWARD.

SO, SO KUDOS TO YOU ALL.

I'M DEFINITELY PRO PARKS ALL OF MY CAREER AND ANYTIME YOU WANNA PRESERVE GREEN SPACE, THAT IS SOMETHING THAT YOU DEFINITELY WANT TO DO.

AND THE DEVELOPER HAS DEMONSTRATED THAT.

AND SO HOW DO YOU TIE IT TO SOME THAT'S ALREADY EXCELLENT? YOU JUST LOOK AT SOME OF THE GOALS THAT HAVE BEEN CALLED

[02:15:01]

OUT CREATING PARK AREA, UH, GOAL NUMBER EIGHT, UH, UNDER ENGAGED IN VIBRANT COMMUNITY CREATE PARK AREA WITH AMENITIES THAT PROMOTES COMMUNITY ACTIVITY AND CONNECTIVITY.

SO LOOKING AT THE PRIORITY PRIORITIZATION OF NEEDS, TRAILS, DOG PARK AND INCLUSIVE PROGRAM, WERE ALL THREE KEY THINGS THAT WERE CALLED OUT, UH, IN, IN THE ADOPTED PLANS BY CITY COUNCIL.

AND SO LOOKING AT THE, UH, AREAS OF OPPORTUNITY AREA A IS THE KEY AREA OF OPPORTUNITY, WHICH IS WHERE THIS DEVELOPMENT WOULD TAKE PLACE.

SO WHEN YOU START TALKING ABOUT ADDING VALUE TO PARKS, AND IT'S, IT IS, IT IS A KNOWN FACT WHEN YOU PUT PARK AMENITIES IN THE DEVELOPMENT PROPERTY VALUES GO UP.

AND SO THE FACT THAT THEY HAVE INCLUDED THESE TYPE OF AMENITIES AS WELL AS CONNECTION TO THE EXISTING TRAIL NETWORK SPEAKS VOLUMES ON THE DEVELOPMENT OPPORTUNITY AND THE COMMITMENT TO, UM, HIGH-END DEVELOPMENT THAT DUNBAR COLEMAN IS PRESENTING.

YOU SEE A FEW OTHER SLIDES THAT, UH, DIRECTOR BREWER HAD ALREADY PRESENTED, BUT AGAIN, THE, THE MOST EXCITING PART ABOUT THIS IS THE OPPORTUNITIES.

AND THIS IS NOT A, A WISHFUL THINKING.

UH, THE DEVELOPERS HAVE COMMITTED TO MAKING THESE IMPROVEMENTS.

AND WHEN YOU LOOK AT THE EXISTING, UH, PARKLAND DEDICATION REQUIREMENTS, THIS FAR EXCEEDS THE, UM, THE AMOUNT OF ACREAGE REQUIRED.

SO YOU LOOK AT 73 UNITS, UM, IN A FEE IN LIEU OF LAND, YOU ARE LOOKING AT MAYBE 3,500, UH, $35,000 TO DEVELOP, UH, TO JUST PAY INTO THE CITY COFFER OWN FUTURE PARK DEVELOPMENTS.

BUT THE FACT THAT THE DEVELOPERS COME WANT TO CONNECT A TRAIL NETWORK, AND JUST A RULE OF THUMB, WHEN YOU LOOK AT TRAILS, YOU'RE LOOKING AT ABOUT A MILLION DOLLARS A MILE.

SO YOU'RE LOOKING AT THIS BEING LESS THAN A QUARTER, A QUARTER OF A MILE OF TRAIL THAT WOULD BE CONNECTING TO THE ROAR TRAIL.

THIS EX NOT ONLY MEETS BUT EXCEEDS THE CURRENT PARKLAND DEDICATION THAT YOU ALL HAVE THE, UH, EXERCISE AREA, SOMETHING THAT, UM, AGAIN, LINKS TO MAKING PEOPLE WANT TO BUY, UH, BUY A HOME IN THIS AREA.

SO WHEN YOU LOOK AT A, A COVERED, UH, OPEN OR PAVILION, YOU LOOK AT, UH, OUTDOOR EXERCISE EQUIPMENT, AGAIN, A WONDERFUL OPPORTUNITIES TO ALREADY HAVE INGRESS AND EGRESS WITH THE TRAIL CONNECTIONS.

BUT IF RESIDENTS CHOOSE TO STAY AT HOME, THEY HAVE ALL THOSE AMENITIES.

AND AGAIN, THEY ADDRESS SOME OF THE ITEMS IN THE BUSINESS PLAN AND THE ADOPTED PARKS MASTER PLAN.

AND WE SPOKE ABOUT THE PARKING AND DEDICATION REQUIREMENTS, HOW THIS EXCEEDS THAT WITH THE AMOUNT OF ACREAGE AND DEVELOPMENT.

UH, BUT WITH THAT, WE DEFINITELY WANT TO, THIS, THIS, THIS, SAY, HEY, THANK YOU FOR YOU OFF OF WHAT YOU DO AND, AND TAKING THE TIME AND HEARING THIS, UM, PROPOSAL AGAIN.

BUT IT'S DEFINITELY SOMETHING THAT I THINK THE CITY OF DESO, I KNOW THE CITY OF DESOTO WILL BE PROUD OF HOW THEY'RE WORKING WITH UP AND COMING DEVELOPERS TO MAKE CERTAIN THAT YOU HAVE QUALITY DEVELOPMENT GOING ON INTO YOUR CITY.

IF I CAN JUST GO BACK A COUPLE OF SLIDES TO THE BORING ENGINEERING PART.

.

OKAY.

SO AS MR. BREWER HAS PRESENTED, WE HAVE, WE HAVE OVER HERE, THIS IS CLUB PARK, THE, WE HAVE LIKE ABOUT 6,700 SQUARE FEET, LOTS TO 12,000 SQUARE FEET LOTS.

THEIR AVERAGE BEING LESS THAN 9,000 SQUARE FEET.

THAT'S CLUB PARK OVER HERE.

THAT'S A PD 16.

WHAT WE'RE PROPOSING OVER HERE IS HAVING A, A MINIMUM OF 9,000 SQUARE FEET.

BUT OUR AVERAGE IS ACTUALLY GOING TO BE OVER THAT BECAUSE, SORRY, OVER HERE IS ACTUALLY GOING TO, THERE ARE A LOT BIGGER LOTS.

WE'LL SEE THAT ON THE, ON THE SITE PLAN.

AND SO WE'RE, WE'RE TRYING TO, I GUESS, PRESENT, UM, A BASE ZONING THAT IS SIMILAR TO THINGS RIGHT NEXT DOOR.

SO AS I SAID, WE'RE GONNA HAVE THE MINIMUM, UM, 2,500 SQUARE FOOT PAD MINIMUM OF, OF 9,051.

AND THAT'S ONLY THREE LOTS WITH AN AVERAGE OR A 90, 59% OF THE LOTS ARE ACTUALLY BIGGER THAN 9,500 SQUARE FEET.

SO WE'RE, INSTEAD OF DOING THE UM, SF EIGHT ZONING THAT WE HAD DONE BEFORE, WE'RE ACTUALLY INCREASING IT.

WE'RE TRYING TO DO BETTER BECAUSE WE HEAR THE COMMUNITY, WE HEAR, WE HEAR WHAT THEY'RE, WHAT THEY'RE SAYING, WHAT, UM, WHERE THE BACKYARD'S GONNA BE BIGGER.

WE'RE GONNA HAVE BIGGER, LOTS BETTER.

OH, SORRY.

THANK YOU .

THANK YOU VERY MUCH.

SO OUR DEVIATIONS, WE JUST, THE ALLEY WAIVER, NO ALLEYS SIMILAR TO CLUB PARK.

WE'RE TRYING

[02:20:01]

TO CREATE THE SAME, THE SAME AMBIANCE, I GUESS JUST A LITTLE BIT BIGGER, BETTER SAME GATE OF COMMUNITY.

UM, OUR, UM, THE ONE THING WE DO WANT, WHICH ALSO IS IN C CLUB PARK, IS THE 20 FOOT FRONT YARDS.

SO IT'S REQUIRED BY ORDINANCE TO HAVE 25 FOOT FRONT YARDS.

WE WOULD LIKE TO REQUEST A FIVE FOOT VARIANCE OF THAT, UM, FIVE FOOT TO BE 20 FEET.

SO BE BECAUSE WE ARE PROVIDING ALL J SWING GARAGES, MEANING THAT WE ARE PROVIDING MORE AREA FOR SOMEBODY TO COME AND PULL IN, ESSENTIALLY, THERE WILL BE A PICTURE OF IT.

I'LL SHOW, I'LL SHOW YOU GUYS.

AND THEN THE MANTLE BROOK DRIVE ABANDON, UH, ABANDONMENT OF RIGHT OF WAY SO WE CAN CREATE A COHESIVE, NICE, UM, GATED COMMUNITY FOR EVERYBODY.

AND THERE IS NOTHING, UM, TO THE NORTH THAT ROAD, UM, WHICH IS WOODLAND HILL, I THINK THAT ROAD DOES NOT, IS NOT IN THE THROUGH OR FOOT PLAN AND, AND IS NOT PART OF, OF THE DESOTO COMMUNITY CITY MASTER PLAN.

SO LIKE I WAS SAYING, THIS IS, I THINK THIS IS A GOOD EXPLANATION RIGHT HERE.

SO IF THE J SWINGS YOU CAN COME INTO HERE AND GO INTO YOUR GARAGE, IT IT CREATES AN ADDITIONAL, UM, SPACE FOR PEOPLE TO PARK.

YOU CAN, YOU CAN, WHICH, WHICH ALLOWS, AND THE ONLY REASON WHY THE REAL REALLY THE FRONT YARD, UM, UM, 25 FOOT FRONT YARD IS BECAUSE THEY DON'T WANT PEOPLE PARKING RIGHT HERE ON THE SIDEWALK RIGHT HERE.

THIS CLEARLY SHOWS WITH, WITH, WITH J SWINGS.

YOU CAN GO, YOU COULD, PEOPLE CAN GO UP, THEY'RE GONNA GO IN HERE, THEY'RE GONNA GO UP AND, AND IF THEY WANT TO, THEY CAN, THEY'RE GONNA PARK ON THE, THE ROADWAY, WHICH YOU CAN'T HELP.

BUT THE J SWINGS HELP PREVENT THE, THE, THE, I GUESS ENCUMBRANCE OF THE SIDEWALK RIGHT THERE, WHICH IS WHY WE'RE REQUESTING JUST A FIVE FOOT DEVIATION.

SO FROM 25 TO 20 , LIKE, LIKE WE HAVE MENTIONED, THAT THEY ARE PROPOSING THE CONNECTION OF THE RO WORK TRAIL ALL THE WAY DOWN THEIR PROPERTY AS LONG A SIDEWALK IN FRONT ALONG WINTER GREEN AND SIDEWALK ALONG OLD HICKORY AND, AND, AND THE WALKING BENCHES AROUND IT.

SO I'M JUST GONNA JUMP TO THE NEXT ONE.

WE WILL HAVE THAT PRIVATE GREEN SPACE WITHIN THE DETENTION AREA AND WE WILL HAVE WITH A DOG PARK AND, AND OTHER AMENITIES LIKE THAT.

SO THAT'S A KIND OF AN IDEA.

IT'S GONNA BE NICE LITTLE GREEN SPACE.

SO I'M JUST GIVING 'EM FORWARD.

SO THIS IS, HERE'S A BLOW UP THE SITE PLAN.

OKAY.

SO THIS IS A TRAIL THAT THEY'RE GONNA DO ALL THE WAY OVER TO WESTMORELAND, LIKE MR. BREWER WAS SAYING.

AND THAT WOULD CONNECT DOWN HERE TO, TO THIS TRAIL.

THERE'S ALSO A SIDEWALK THAT THEY ARE WILLING TO BUILD ALL THE WAY ALONG WINTER GREEN AND ALONG OLD HICKORY.

THIS WOULD ENTIRELY BE A GATED COMMUNITY RIGHT HERE WITH THIS ENTRANCE, THIS, THIS, AND THIS LITTLE ENTRANCE RIGHT HERE, PEDESTRIAN ENTRANCE, EVERYTHING MAINTAINED BY HOA, THIS WOULD BE DEDICATED TO THE CITY AND CITY MAINTAINED, BUT BUILT BY BY OUR DEVELOPER BUILDER.

SO THE BIG THING THAT I HAVE WITNESSED IS WITH THE COMMUNITY AND I, AND I HEAR 'EM, THE TRAFFIC IMPACTS, THE TRAFFIC IMPACTS BECAUSE THAT WESTMORELAND AND WINTER GREEN INTERSECTION IS TERRIBLE.

SO WE HEAR THAT, WHICH IS WHY WE HAVE NOW CREATED ON ADDITIONALLY, WE, WE PUT A, WE PUT AN ENTRANCE EXIT RIGHT HERE.

THIS IS GOING TO BE AN EXIT ONLY THAT WILL PREVENT PEOPLE FROM TRYING TO COME IN HERE AND SNEAK IN HERE TO GET OVER THERE.

NO, THEY GOTTA GET OUT OF THE WAY SO THAT WE DON'T IMPACT THIS, THIS INTERSECTION OVER HERE AS MUCH.

AND THEN WE HAVE THE, THE ENTRANCE RIGHT HERE.

AND SO THIS IS INGRESS, EGRESS, INGRESS, EGRESS, AND THEN EGRESS ONLY.

WE ARE DOING THAT TRAIL

[02:25:01]

ALL THE WAY UP SO IT CAN COME UP AND LIKE, LIKE MR. PERUS SAID IT CONNECT TO WILDWOOD, UM, WHOLE TRAIL PLAN.

THAT HAS BEEN GOING FOR QUITE A WHILE I THINK.

AND THEN, UM, THERE WAS ALSO, UM, I I I GUESS A, A CONCERN ABOUT THE VISIBILITY OF, OF THE TRAIL, IF THERE WERE TO BE A TRAIL OR PUBLIC PARK SPACE, THE VISIBILITY OF THE BACKYARDS OF, OF CLUB PARK TO THAT TRAIL OR THE ACCESSIBILITY OF THAT I GUESS.

AND SO OVER HERE WE'VE HIGHLIGHTED, RIGHT THERE IS GREEN SPACE THAT HAS BEEN, THAT HAS BEEN DEDICATED TO BY CLUB, UH, PARK, FINAL PLAT.

SO THE RIGHT HERE, THESE LOTS, THOSE ARE APPROXIMATELY 25 FEET FROM THE PROPERTY LINE.

AND SO FROM OUR PROPOSED TRAIL, IT'D BE ABOUT 110 FEET FROM THEIR BACKYARDS TO THE PROPOSED TRAIL.

SO THIS IS THE PROPERTY LINE THAT WAS DEDICATED, THAT GREEN SPACE WAS DEDICATED WITH CLUB PARK.

SO THEIR BACKYARDS ARE 25 FEET FROM, FROM I GUESS THE CREEK LINE.

YOU COULD PR PRETTY MUCH SAY.

AND THEN WE ARE PROPOSING OUR TRAIL AND UH, ADDITIONALLY OUT HERE.

SO THE MINIMUM WOULD BE 110 FEET THAT SPACE TO FROM THEIR BACKYARDS TO THE, THE .

OKAY.

AND THIS IS THE TIA WITH THE UM, LIKE THEY SAID, NO IMPACT.

AND THESE ARE THE HOME DESIGNS.

AND IF YOU GUYS HAVE QUESTIONS ABOUT THE HOME DESIGNS, I'M SURE ANGELIA CAN HELP YOU WITH THAT.

ALRIGHT, WELL THANK YOU FOR THAT PRESENTATION.

COMMISSIONERS.

ARE THERE ANY QUESTIONS BASED ON THE PRESENTATION, UH, THAT WE WERE JUST PROVIDED? MR. RAVENELL, GO AHEAD.

I DON'T HAVE A UH, QUESTION BUT I HAVE A COMMENT AND I JUST WANTED TO TELL MS. COLEMAN, MR. COLEMAN AND MS. DUNBAR, THANK YOU SO MUCH FOR LISTENING AND HEARING WHAT WAS SAID AT THE PLANNING AND ZONING AND COMING BACK AND UH, I LIKE THE THINGS THAT YOU HAVE PRESENTED HERE TODAY.

ALRIGHT, MS. BROOKS, I JUST FEEL I NEED TO ECHO THAT.

UM, LISTING AND COMING BACK THE SECOND TIME APPEARS TO BE THE CHARM.

YOU'VE CONSIDERED EVERYTHING THAT YOU HEARD FROM THIS COMMISSION AND INCORPORATED THAT INTO WHAT YOU'RE PROPOSING.

THANK YOU.

ALRIGHT, ANYONE ELSE? MS. CAESAR? UH, I'LL JUST ECHO ECHO THAT.

, THANK YOU VERY MUCH FOR A BEAUTIFUL, BEAUTIFUL PRESENTATION.

LOVE THE IDEA, LOVE THE CONCEPT.

I'M ALL ABOUT THE LIGHTING THOUGH ON THAT TRAIL.

SO I'M GONNA ASK AND PROPOSE OR ASK, WOULD YOU BE OPEN TO PUTTING SOME LIGHTING ALONG THAT TRAIL AT YOUR DEVELOPMENT CONSIDERATION? WE CAN CONSIDER, WE CAN CONSIDER, OH NO.

UH, COME ON UP TO THE MIC IF YOU WOULD.

WE CAN CONSIDER, BUT FROM WHAT I HEARD, THAT'S HANDLED BY PARKS AND RECREATION, SO WE'D LIKE TO TRY TO PARTNER WITH THEM AND SEE WHAT CAN BE DONE.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS OR COMMENTS BASED ON THE PRESENTATION? OKAY, SEE ANY HEARING? NONE.

WE WILL CONTINUE WITH THE PUBLIC HEARING.

I DO HAVE A COMMENT CARD.

UH, I MISTAKENLY CALLED ON THIS GENTLEMAN FOR THE FIRST PUBLIC HEARING.

UH, BUT NOW, UH, MR. SMITH, WOULD YOU LIKE TO COME FORWARD AND BE HEARD ON THIS, UH, PARTICULAR AGENDA ITEM? AGAIN THAT'S AGENDA ITEM Z DASH 15 0 6 23.

AND IF YOU WOULD, SIR, IF YOU WOULD PLEASE STATE YOUR NAME AND CITY OF RESIDENCE AND YOU WILL HAVE THREE MINUTES.

COULD I HAVE A, THE, THE PICTURES UP THERE AGAIN? THE PICTURE OF THE GREEN SPACE AND SO FORTH? YEAH.

YES.

OH, HE'S GOT IT.

OKAY.

NAME OF CITY OF RESIDENCE.

SIR, GO AHEAD.

YEAH, MY NAME IS ROMY SMITH.

I LIVE SEVEN 12 VENICE GREEN, WHICH IS AT THE BOTTOM OF THAT POINT RIGHT THERE WHERE THE, EXCUSE ME UP, WHAT'S THE CORNER? I GOT YOU RIGHT THERE.

THIS ONE BACK.

[02:30:02]

I LIVE RIGHT HERE.

THIS IS DIRECT IMPACT ON MY BACKYARD, UH, THE LADY.

THANK YOU FOR THINKING OF THAT.

BUT THAT WOULD REFLECT RIGHT INTO MY BACKYARD WOULD PROBABLY NOT BE A GOOD IDEA.

IT SEEMS TO ME LIKE THIS, THIS PROPOSAL FOR THIS PARTICULAR PROPERTY IS SNAKE BIT.

THERE'S SOMETHING WRONG WITH IT 'CAUSE IT JUST KEEPS YOU GOING AND GOING AND GOING.

NOT GETTING ANY BETTER.

THE REDUCTION OF THE NUMBER OF HOUSES FROM 80 TO 73 IS A GOOD DIRECTION.

IT SEEMS LIKE WE'RE CONCENTRATING ON WHAT'S GOING TO HAPPEN TO THIS PUBLIC TRAIL THAT ABSOLUTELY HAS NOTHING TO DO WITH THE DEVELOPMENT.

UH, THE ENTRANCE TO THE, UH, TO THE AURORA OR TRAIL IS SOMEWHERE DOWN HERE BETWEEN HERE AND THE, AND THE, THE CROSSROADS AT WESTMORELAND AND WINTERGREEN.

ANYBODY WALKING, THAT LITTLE PUPPY'S GONNA HAVE TO COME ALONG HERE, GET ON WEST WARLAND, WALK ALONG WEST WARLAND AND THEN GO UP THIS WAY.

DOESN'T REALLY SOUND LIKE A VERY PRACTICAL WAY ROY, OR GOES A LONG WAY BACK DOWN INTO THE HEART OF WESTBROOK DESOTO.

PLENTY OF ROOM TO WALK.

THAT LITTLE PARTICULAR PART WILL NOT CONTRIBUTE ANYTHING.

HAVING A GATE HERE IS NOT A PRACTICAL IDEA OF HOW THE ENTRANCE AND EXIT OF THAT GATE, HOW IT'S GONNA BE CONTROLLED IS NOT SOUND LIKE A VERY GOOD IDEA TO ME.

UH, THAT THIS WHOLE AREA IS OLD GROWTH ALONG A CREEK BED, ALONG A DRY CREEK BED.

IT GETS UP.

UH, WE'VE LIVED THERE FOR 25 YEARS NOW.

IT, IT IS BEEN UP ABOUT THREE OR FOUR FEET DEEP A FEW TIMES WHILE WE'VE BEEN THERE.

IT'S MOSTLY A NATURE TRAIL FOR BOBCATS AND COWS BECAUSE IT'S, IT'S JUST THAT KIND OF PLACE.

IT'S NOT, IT'S NOT AMENABLE TO A, TO A PARK AREA.

IT WOULD NOT BE A PRACTICAL, HAVE TO BE A, IT'D HAVE TO BE A COMPLETE REDESIGN.

AND IN A FLOODPLAIN, SUPPOSED TO BE A FLOODPLAIN BEHIND MY HOUSE.

NOT A, NOT A NOT A PARK.

YOU KNOW, IT'S DRIVING AROUND TO SORT OF, THERE'S JUST PLENTY OF DIRT SOMEWHERE ELSE.

I DON'T SEE ANY REASON WHY THIS FAILED SEVERAL TIMES.

PROJECT KEEPS COMING UP AGAIN.

ALRIGHT.

THERE'S SOMETHING WRONG WITH IT.

ALRIGHT, MS. MR. SMITH, THANK YOU.

UH, THAT'S YOUR TIME.

UM, BASED ON YOUR COMMENTS, UH, IT SOUNDS LIKE YOU'RE IN OPPOSITION TO THIS PARTICULAR ITEM.

I JUST DON'T THINK IT'S A GOOD IDEA.

ALRIGHT.

IT'S JUST, I THINK IT'S A TERRIBLE IDEA.

ALRIGHT, THANK YOU SIR.

I DO HAVE ONE ADDITIONAL, UH, COMMON CARD.

IT'S FROM A DONALD PAGE.

DONALD PAGE.

AND SIR, IF YOU'D LIKE TO BE HEARD, IF YOU COME FORWARD, UH, IF YOU STATE YOUR NAME AND SEE THE RESIDENCE FOR THE RECORD AND THEN YOU WILL ALSO HAVE THREE MINUTES.

OKAY.

DONALD PAGE, UH, DESOTO, UH, RESIDENT OF THE CLUB PARK.

I'M UNCLEAR ON THE ROAR TRAIL.

DID I UNDERSTAND SOMEBODY TO SAY IT'S GOING NORTH OF, UH, WINTERGREEN.

LET'S DO THIS.

GO AHEAD AND MAKE YOUR COMMENTS AND THEN I'LL HAVE THE APPLICANT COME UP.

OKAY.

AND UH, AND I WONDERED IF THE ROAR TRAIL IS SEPARATE, WILL IT CONNECT TO THE TRAIL GOING THROUGH THIS PROPERTY OR WILL IT BE TWO SEPARATE TRAILS? THAT'S ONE QUESTION.

ANOTHER QUESTION I HAVE, WILL THEY HAVE CLUSTER MAILBOXES OR INDIVIDUAL MAILBOXES? AND THE THIRD COMMENT I'D MAKE YOUR FIRE CHIEF, I WOULD REMIND THE BOARD, YOUR FIRE CHIEF ASK IN CLUB PARK THAT WE NOT HAVE OVERNIGHT PARKING ON THE STREET.

I THINK IT'S A HUGE MISTAKE NOT TO HAVE COMMON AREA PARKING SOMEWHERE IN THERE BECAUSE WITH ONLY A 20 FOOT FOOT SETBACK, IF YOU APPROVE THAT, YOU'RE GONNA HAVE OVERNIGHT GUESTS AND PARTIES AND THINGS AND THEY'RE GONNA BE FORCED TO PARK ON THE STREET.

AND I'M TELLING YOU, YOUR FIRE CHIEF ASKED IN OUR DEVELOPMENT, NO OVERNIGHT PARKING ON THE STREET.

THAT'S ALL I HAVE.

ALRIGHT, THANK YOU MS. PAGE.

AND FOR THE RECORD, ARE YOU IN FAVOR OR OPPOSITION OF THIS AGENDA? WELL, WITH THE PROPOSED PROPER CHANGES, I'M, I'M IN FAVOR OF IT, BUT I THINK THERE'S JUST SOME DRAWBACKS TO IT THAT NEED TO BE ADDRESSED THAT

[02:35:01]

HAVEN'T BEEN ADDRESSED.

THANK YOU SIR.

AND I'M, I'M, I'M JUST TELLING YOU WHAT YOUR FIRE CHIEF TOLD US IN OUR DEVELOPMENT.

OKAY.

NO OVERNIGHT PARKING.

THANK YOU SIR.

WE DON'T HAVE ENOUGH COMMON PARKING IN OUR DEVELOPMENT AND WE HAVE ABOUT 15 SPACES.

ALRIGHT, THANK YOU SIR.

ALRIGHT, IS THERE ANYBODY ELSE IN THE AUDIENCE, UH, OTHER THAN THE APPLICANT, I'LL LET THE APPLICANT HAVE HAVE THE LAST WORD.

UH, BUT IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR AGENDA ITEM, EITHER IN FAVOR OR OPPOSITION OF THIS PARTICULAR AGENDA ITEM? AGAIN, I'M GONNA LET THOSE WHO REPRESENT THE APPLICANT GO LAST.

SO IF THERE'S ANYBODY ELSE WHO WOULD LIKE TO BE HEARD, THERE'S YOUR OPPORTUNITY TO EITHER SPEAK IN FAVOR OR THE OPPOSITION OF THIS PARTICULAR AGENDA ITEM.

IS THERE ANYONE ELSE? YES MA'AM.

AND WHAT I'LL DO IS I'LL ASK YOU TO COME UP, BUT IF YOU WOULD, BEFORE YOU LEAVE, IF YOU'LL FILL OUT A COMMENT CARD, UH, FOR THE PURPOSES RIGHT NOW, IF YOU'LL JUST STATE YOUR NAME AND CITY OF RESIDENCE AND YOU'LL HAVE THREE MINUTES.

OKAY.

MY NAME IS PATRICIA GER.

OH, HOLD ON JUST A SECOND.

I, I DON'T HAVE A CARD.

SO WHAT WE'LL DO IS WE'LL ALLOW YOU TO SPEAK BUT IMMEDIATELY AFTERWARDS IF YOU'LL SEE, UH, OKAY.

COUNCIL MEMBER MARKS AND FILL OUT A CARD.

ALRIGHT, GO AHEAD.

YOUR NAME AND, UH, CITY OF RESIDENCE PLEASE.

MY NAME IS PATRICIA BARGER AND I LIVED IN CLUB PARK, UH, DESOTA, TEXAS.

LIVED THERE FOR SEVEN YEARS.

BEFORE THAT I LIVED ON MANTLE BROOK FOR 35 YEARS.

I ALSO BACK UP TO THE CREEK AND I'M CONCERNED ABOUT ARE THEY GOING TO BE CUTTING DOWN SOME OF THOSE TREES IN ORDER TO PUT THAT TRAIL IN? I, RIGHT NOW I CANNOT SEE WINTERGREEN FROM MY HOUSE AT ALL.

IT'S COMPLETELY COVERED WITH TREES, BUSHES, AND I AM NOT FOR A TRAIL BACK THERE WITH A BIG WALL IF THEY'RE GOING TO CUT DOWN ANY OF TREES IN ORDER TO MAKE THAT EIGHT FOOT WALKING PATH.

OKAY, THANK YOU VERY MUCH.

SO YOUR, YOUR OFFICIAL STANCES, ARE YOU IN FAVOR OR IN OPPOSITION? I DON'T MIND WHAT THEY'RE GOING TO BUILD.

I'M NOT FOR THE TRAIL.

OKAY.

ALRIGHT.

THANK YOU VERY MUCH.

AND IF YOU WOULD SEE DR. MARKS SO WE CAN DOCUMENT, UH, YOUR RESPONSE.

ALRIGHT.

IS THERE ANYONE ELSE, UH, LAST CALL FOR ANYONE ELSE OTHER THAN THOSE REPRESENTING THE APPLICANT IN THE TENANT WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR AGENDA ITEM? ANYONE ELSE WHO HAS NOT ALREADY SPOKEN? ALRIGHT, HEARING AND SEEING NONE, LIKE I SAID, THE, THOSE REPRESENTING THE APPLICANT WILL GET, HAVE LAST WORD IF YOU'LL COME BACK UP.

OH.

SO TO ADDRESS THE GENTLEMAN'S CONCERN, WE DO HAVE PARKING SPOTS.

WE HAVE FIVE IN FRONT OF THE GAZEBO GREEN LAPTOP RIGHT THERE.

WE DID ALSO ADD A SIDEWALK SO THAT PEOPLE THAT IF YOU GET CLOSE TO BY, OH SORRY, WE ADDED, UH, FIVE PARKING SPOTS HERE RIGHT IN FRONT OF GAZEBO.

SO IF YOU'RE ATTENDING A PARTY OR WHATEVER YOU'RE DOING AT THAT GAZEBO, EXERCISING DOG PARK, WHATEVER, YOU HAVE THE ABILITY TO PARK THERE AS WELL AS WE ADDED A SIDEWALK HERE THAT ALLOWS YOU TO GET BACK INTO THE NEIGHBORHOOD SO THAT YOU CAN WALK THERE.

WITH RESPECT TO THE COMMENTS ABOUT CUTTING DOWN TREES, THIS IS NOT OUR INTENT TO CUT DOWN TREES.

UH, OUR INTENT IS TO MEANDER THE, UH, TRAIL AROUND THE TREES SO THAT IT IS MORE, UM, ENVIRONMENT FRIENDLY.

OKAY.

AND THERE WAS ALSO A QUESTION ABOUT CUSTOM MAILBOXES.

WE HAVE NOT GOTTEN TO THAT STAGE, SO I CANNOT PROVIDE AN ACCURATE ANSWER ON IF IT WOULD BE.

UM, OKAY.

AND COULD YOU ALSO PROVIDE, UH, SOME MORE DETAIL ABOUT THE TRAIL ITSELF? I THINK THERE WAS A QUESTION ABOUT HOW THE TRAIL WILL BE CONSTRUCTED.

COULD YOU KIND OF, WHAT'S YOUR CONCEPT OR VISION OF HOW YOU'RE GONNA ADD ONTO THE TRAIL? SO WE ARE PARTNERING WITH, UM, MR. BREWER AND THE CITY, UM, THE OFFICIALS THERE THROUGH PARKS AND RECREATION.

AND SO THERE'S STILL A CONSULTATION MEETING THAT HAS TO HAPPEN BETWEEN US AND THEM, UM, PROVIDED THAT THIS GETS APPROVED.

SO WE HAVE NOT LAID OUT THIS PROPOSAL OF, OF AMENDING, UM, ROYAL TRAIL AND ADDITION TO IT WAS BROUGHT TO US BY THE CITY AND WITH HOPES OF PARTNER WITH THEM.

ALRIGHT.

THANK YOU SIR.

ALRIGHT, SUSAN, I UNDERSTAND IT HASN'T BEEN DECIDED.

NO, NO, UH, NO, NO.

NOW AT THIS POINT I'M GETTING READY TO CLOSE THE PUBLIC HEARING.

UH, AS A COURTESY I WILL JUST KIND OF RESTATE WHAT THE GENTLEMAN SAID.

HE SAID THEY'RE, UH, WORKING IN CONSULTATION WITH THE CITY.

UH, SO I DON'T THINK THEY HAVE ANY FINAL ANSWERS FOR US TONIGHT, BUT, UH, THAT IS NOW GONNA CONCLUDE OUR PUBLIC HEARING.

UH, PUBLIC HEARING WILL

[02:40:01]

NOW BE CLOSED AT 8:48 PM AND NOW COMMISSIONERS, ARE THERE ANY OTHER QUESTIONS, COMMENTS, OR ANYTHING ELSE THAT NEEDS TO BE RAISED BEFORE WE CALL FOR A MOTION? MR. RAVENELL, GO AHEAD.

UH, YES, UH, MR. BREWER, JUST FOR THE RECORD, AGAIN, THE DEDICATION OF THE LAND THAT THIS DEVELOPER'S, GIVEN IT'S HELPING THE CITY MEET THEIR GOALS OF INCREASING PARK SPACE AS WELL AS TO BE ABLE TO CONTINUE THE ROAR ORE TRAIL.

IS THAT CORRECT? YES.

BUT A REMINDER, THE CITY DOES HAVE A PARKLAND DEDICATION REGULATION REQUIREMENT THAT ESTABLISHES ONLY TWO OPTIONS.

ONE, THE DEDICATION OF AT LEAST A MINIMUM OF TWO ACRES FOR EVERY A HUNDRED OR THE PAVEMENT OF $500 PER LOT.

THE, IT IS A REQUIREMENT.

SO THIS DEVELOPER HAS COME THIS EVENING PROVIDING OVER AND ABOVE WHAT WAS EXPECTED AS FAR AS THE LAND DEDICATION.

IS THAT CORRECT? IN WHAT I HEARD THIS EVENING? YES SIR.

OKAY.

AND THE, AND THE COST OF THAT DEDICATION, ALL OF THE AMENITIES, IS THAT SOMETHING THAT THEY'RE DOING IN ADDITION OR IS THAT A REQUIREMENT OF THE CITY SINCE THE CITY HAS NOT ADOPTED IT'S OPEN SPACE, GREEN SPACE REQUIREMENT? IT IS GOING ABOVE, BUT IT'S A PART OF LANGUAGE THAT HE HAS HEARD STATED BY YOUR COMMISSION RESIDENTS AND THE COUNCIL.

OKAY.

AND THEN THE LAST THING, THERE WAS A MENTION OF, UH, THE PEDESTRIAN GATE THIS EVENING AND, UM, WHAT I KNOW, AND I DON'T KNOW EVERYTHING, BUT MOST GATED COMMUNITIES WILL HAVE AN, A PEDESTRIAN INTEREST.

THEY WILL HAVE A GATE TO ALLOW PEOPLE TO COME IN AND OUT.

UM, SO I THINK THE PEDESTRIAN GATE, WHAT IS NEEDED AND, AND SHOULD BE A PART OF THAT DEVELOPMENT.

THAT'S ALL I HAVE.

ALRIGHT.

THANK YOU MS. BROOKS.

YES.

UM, LOOKING AT THIS CONCEPT DESIGN, UH, THIS MAY BE A QUESTION FOR MAYBE MS. DUNMORE OR MR. COLEMAN, WHICHEVER ONE IS THE ENGINEER WHO CAN, UM, HELP ME WITH THIS DESIGN.

I'M LOOKING AT, UH, THE, THE EXIT CLOSEST TO OLD HICKORY ON WINTER GREEN.

I THINK I HEARD MS. SAMANTHA INDICATE THAT THAT'S GOING TO BE EGRESS ONLY.

YES MA'AM.

BUT THE WIDTH OF THAT IS, IS PRETTY WIDE.

HOW IS THAT, HOW DO YOU INTEND ON DESIGNING THAT TO FACILITATE EGRESS? ONLY BECAUSE IT LOOKS LIKE IT CAN ACCOMMODATE BOTH INGRESS AND EGRESS.

SO WHAT, WHAT'S THE PLAN FOR THAT, THAT MR. BREW? GO FIRST PLEASE.

UH, UH, COMMISSIONER THE, THE ONE YOU'RE REFERRING TO ON, OH, HICKORY IS A TWO-WAY.

NO, UHUH, I'M REFERRING TO THE ONE ON WINTER GREEN.

OH YES.

CLOSEST TO OLD HICK.

WHAT I INDICATED THIS.

YES SIR.

THAT ONE IS EGRESS ONLY.

THIS ONE IS INGRESS EGRESS AS WELL AS THIS ONE'S INGRESS EGRESS.

THE REASON IT LOOKS SO BIG CAN, SORRY.

THE REASON WHY IT'S SO BIG IS BECAUSE WHEN, IF SOMEBODY COMES IN ACCIDENTALLY NOT NEEDING TO ENTER A GATE, THEY NEED TO HAVE SPACE TO TURN AROUND.

THAT'S WHY WE HAVE TO CREATE IT THAT BIG SO THAT YOU'RE NOT, YOU DON'T HAVE SOMEBODY TRYING TO EXIT SOMEBODY ACCIDENTALLY TRYING TO GO INTO SOMEPLACE.

THEY HAVE A PLACE TO TURN AROUND THEIR VEHICLE WITHOUT HAVING TO BACK UP, YOU KNOW, EIGHT TIMES.

SO I, I THINK THAT'S MY CONCERN.

I THINK IT CAN BE DESIGNED IN A WAY TO AVOID THAT ACCIDENTAL INGRESS IF YOU, YOU KNOW, DESIGN IT WHERE IT'S, YOU CAN PRETTY MUCH TELL THAT IT'S NOT MEANT FOR AN ENTRY OR INGRESS.

SO I WOULD RECOMMEND THAT.

ABSOLUTELY.

YOU KNOW, YOUR ENGINEERS TAKE A LOOK AT THAT FURTHER.

YES.

STRIPING, STRIPING AND, AND SIGNAGE.

DEFINITELY.

YEAH, DEFINITELY NOT JUST STRIPING, I'M TALKING ABOUT THE ANGLE OF THAT IN THAT EGRESS.

UM, BUT IN ADDITION TO WITH MY COLLEAGUE HAS INDICATED THIS DESIGN, WHAT'S BEING PROPOSED WITH THE, THE, UM, GREEN SPACE AND THE AMENITIES GO ABOVE, OVER AND ABOVE THE REQUIRED MINIMUMS. UH, I APPLAUD YOU ALL FOR THAT.

I DEFINITELY APPLAUD YOU ALL FOR, UM, THE SIDEWALKS THAT ARE BEING PROPOSED ALONG WINTER GREEN.

AM I UNDERSTANDING THAT THE DEVELOPER IS PLANNING ON PUTTING THOSE SIDEWALKS? THAT'S ACTUALLY CITY REQUIREMENT.

IT'S TO PUT IN THOSE SIDEWALKS A ALONG MAJOR THOROUGHFARES.

OH, OKAY.

OKAY.

AND THE MIDDLE, DO WE KNOW THE, THE WIDTH OF THOSE SIDEWALKS THAT ARE GOING ON? NOT OFF MY HEAD.

OKAY.

BUT IT'S ESTABLISHED BY CITY REGULATIONS.

OKAY.

IT'S EITHER, I THINK IT'S SIX FEET ALONG A MAJOR THOROUGHFARE AND FIVE OR FOUR IN A COMMUNITY.

FIVE FEET SPEAK MS. BUSER? YES.

IT'S FIVE

[02:45:01]

SIX, LIKE YOU SAID, ALONG MAJOR THERA FAIR.

IS IT? AND THAT IS ON THE REQUIREMENT IS FROM THE ENTRANCE OF THAT PROPOSED TRAIL ALL THE WAY EAST TO OLD HICKORY OR WHERE ARE THEY PUTTING IN THE SIDEWALKS? IT'S RIGHT HERE.

IT IS INDICATED BY THE GRAY RIGHT HERE GOING STRAIGHT DOWN.

OH, JUST ON O HICKORY.

AND THEN ALL THE WAY AROUND HERE? YES.

YES.

BORDERING THE WEST SIDE OF O HICKORY.

MM-HMM.

ALL THE WAY DOWN FROM THE VERY TOP AS YOU SEE IN GRAY ALL THE WAY DOWN AND THEN ALL THE WAY OVER PAST THE TWO ROADS, UH, TO THOSE POINT OVER THERE.

OKAY.

AND I JUST, UM, WANT TO MAKE SURE I GO ON RECORD AND SAY HOPEFULLY THE CITY FOLLOW THE LEAD OF THE DEVELOPER AND CONTINUE THAT SIDEWALK ALL THE WAY TO THAT INTERSECTION OF WINTER, GREEN, AND WESTMORELAND AS A PRIORITY.

THANK YOU .

ALRIGHT, COMMISSIONERS, ANY OTHER, UH, QUESTIONS OR COMMENTS BEFORE WE BRING THIS TO A VOTE? OKAY, I'M LOOKING AROUND SEEING NONE.

OKAY.

COMMISSIONERS, WITH RESPECT TO CASE NUMBER Z DASH 15 0 6 DASH 23, IS THERE A MOTION MR. RAVEN? YES, I HAPPILY RECOMMEND APPROVAL OF CASE NUMBER Z 1 5 0 6 2 3 AS RECOMMENDED BY STAFF.

IS THERE A SECOND? SECOND.

BEEN SECONDED BY MR. BELL.

IS THERE ANY UNREADINESS HEARING AND SEEING NONE.

ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

THOSE OPPOSED.

DO THE SAME AS SAY NAY.

THE MOTION PASSES SIX ZERO.

LADIES AND GENTLEMEN, THAT CONCLUDES, UH, THIS, THE BUSINESS OF THIS EVENING.

UH, MR. BREWER, MS. BESTA, UH, IS THERE ANYONE ON STAFF HAS ANY ANNOUNCEMENTS? MR. BREWER? I SEE YOUR MIC IS LIT UP.

UH, J JUST THE, UH, UPDATE THIS THURSDAY, OCTOBER THE 26TH.

THERE WILL BE THE FINAL PUBLIC MEETING FOR THE COMPREHENSIVE PLAN.

IT BEGINS AT 6:00 PM AND THAT'S THE FINAL ONE.

ALRIGHT, SO LADIES AND GENTLEMEN, THOSE WHO ARE LISTENING, IF YOU WANT TO BE A PART OF THE PROCESS, IF YOU WANT TO HEAR WHAT'S GOING ON IN THE CITY OF DESOTO, YOU WANT TO HEAR ABOUT THE NEXT PLANNING STAGES, WHAT'S COMING IN THE FUTURE, AND YOU WANT TO BE A PART OF, YOU KNOW, THAT DECISION MAKING PROCESS AS YOU JUST HEARD THIS COMING THURSDAY, OCTOBER 26TH.

HEARING COUNCIL CHAMBERS.

COUNCIL CHAMBERS AND THE ATRIUM.

AND THE ATRIUM AT 6:00 PM MM-HMM, .

ALRIGHT, SO, UH, THAT YOU HAVE BEEN NOTIFIED AND I KNOW THERE'S OTHER NOTIFICATIONS THAT'S GONE ON OUT AS WELL.

SO AGAIN, UH, PLEASE, UH, PLAN TO ATTEND IF YOU'VE NOT PREVIOUSLY ATTENDED SESSION BEFORE.

ALRIGHT.

MEMBERS OF STAFF, ANYTHING ELSE? MS. BUS, GO AHEAD.

UH, TALKING ABOUT THE UPDATE OF THE COMPREHENSIVE PLAN, WE ARE ALSO ASKING, UH, AFTER THE JOINT MEETING THAT YOU ALL HAD WITH THE CITY COUNCIL, IF THERE IS ANY FEEDBACK, ANY COMMENTS, PLEASE DO SUBMIT THOSE SO WE CAN GIVE THEM TO THE CONSULTANTS.

OKAY.

AND MR. BREWER, AND JUST TO ASK YOU TO, UH, PUT ON YOUR CALENDARS, THERE MAY BE ANOTHER JOINT MEETING FOR ANOTHER TOPIC WHICH DEALS WITH THE CHARACTER BASE CODE ASSOCIATED WITH THE DEVELOPMENT OF HAMPTON ROAD FROM PLEASANT RUN SOUTH TO BELTLINE.

IF YOU COULD FORECAST THE THIRD MONDAY IN NOVEMBER, THAT'S WHEN THE CONSULTANTS ARE ANTICIPATED TO BRING THEIR OVERVIEW TO THE CITY COUNCIL, AT WHICH TIME WE ARE REQUESTING YOUR PARTICIPATION AS ALONG WITH THE EDC MEMBERS.

AFTER THAT PRESENTATION, THEN WE ARE FORECASTING, BRINGING TO YOU INDIVIDUAL CHAPTER WISE, UM, THAT FULL DOCUMENT.

WE'RE NOT GONNA BRING THE FULL DOCUMENT TO YOU AT ONE TIME.

NOW, PLEASE UNDERSTAND THAT THAT IS JUST THE FIRST STEP.

ADMINISTRATIVE WISE, WE HAVE A BIG UNDERTAKING THAT'S GONNA HAVE TO HAPPEN AFTER THAT DOCUMENT GETS ADOPTED AND THAT'S TALKING ABOUT REZONING.

ALRIGHT? ALL RIGHT.

ALRIGHT.

AND JUST TO BE CLEAR, THE THIRD MONDAY IN NOVEMBER WILL BE NOVEMBER 20TH.

SO WE'RE LOOKING AT NOVEMBER 20TH.

OKAY.

AND WHAT TIME? SIX 6:00 PM.

6:00 PM ALRIGHT.

COMMISSIONERS, IF YOU'LL PUT IT ON YOUR CALENDAR.

NOVEMBER 20TH AT 6:00 PM ALRIGHT, ANYTHING ELSE? ANY OTHER BRING UP ANY OTHER ANNOUNCEMENTS? ONE OTHER THING, UH, I WAS JUST WONDERING IF STAFF WILL BE GIVING US REMINDERS FOR THESE SPECIAL DATES IN OUR INBOXES.

, WE APPRECIATE THAT.

SO THEY, THEY HAVE ALL NODDED IN THE AFFIRMATIVE.

ALRIGHT, WELL GOOD.

ALRIGHT,

[02:50:01]

ANY OTHER ANNOUNCEMENTS? ALRIGHT, HEARING AND SEEING NONE.

IS THERE A MOTION AT 8 58 TO ADJOURN THE MEETING BEEN MOVED BY COMMISSIONER CAESAR.

IS THERE SECOND? SECOND.

IT HAS BEEN SECONDED BY COMMISSIONER UH, RAVENELL.

ALL IN FAVOR, SAY GOODNIGHT.

GOOD NIGHT.