Jan 09, 2024 Planning and Zoning Commission Meeting

[A. WORK SESSION AGENDA: Call to order]

[00:00:06]

WELL, LADIES AND GENTLEMEN, THE TIME IS NOW 6 0 1 HAPPY NEW YEAR TO EVERYBODY.

TODAY IS TUESDAY, JANUARY THE NINTH, 2024.

WE WANNA CALL THE WORK SESSION.

UH, THE PLAN IS ZONING COMMISSION, UH, TO ORDER.

UM, I DON'T SEE A LIST OF HERE.

WE'LL DO THAT AT THE VERY END.

UH, JUST SEE IF THERE'S ANY CONCERNS ABOUT THE MINUTES.

BUT LET'S JUMP JUMP STRAIGHT INTO, UH, PUBLIC HEARINGS.

IT APPEARS THERE'S A NOTATION, UH, THAT THE FIRST HEARING CASE NUMBER Z DASH 15 1 1 DASH 23, UH, THAT THIS IS GONNA BE TABLED, UH, STAFF.

IS THERE ANYTHING ELSE WE NEED TO DISCUSS REGARDING THAT CASE? OKAY, SO WITH THAT BEING SAID, WE'LL MOVE ON TO THE SECOND ITEM OR THE SECOND, UM, ITEM ON THE PUBLIC HEARING AGENDA, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL REGARDING ZONING CHANGE REQUESTS FROM COMMERCIAL.

UH, ONE C ONE TO PLAN DEVELOPMENT WITH BASE ZONING DISTRICT C ONE WITH DEVIATIONS TO ALLOW FOR MEANING, WAREHOUSE AND TRUCK RENTAL ON THE UNDEVELOPED UNDEVELOPED SOUTHERN PORTION.

UH, THAT'S 1321 SOUTH I 35 EAST OF U-HAUL PROPERTIES.

THE U-HAUL PROPERTIES CONSIST OF APPROXIMATELY 6.33 ACRES OF LAND LEGALLY DESCRIBED AS TRACK 11 AND TRACK 12 BLOCK A, UH, JAMES PORTER SURVEY, ABSTRACT NUMBER 1 1 2 9, PAGE 3 95, AND LOT E, UH, NINE RR AND NINE RR ONE BLOCK, A MEADOW ACRES U-HAUL EDITION.

AND THIS IS CASE NUMBER Z DASH 15, 12 DASH 23.

AND MS. RAZZI, MAY WE HAVE OUR STAFF REPORT PLEASE? UH, GOOD EVENING, COMMISSIONER.

AND TO YOU.

UM, CASE NUMBER Z 15 12 23 IS A PLANNED DEVELOPMENT REQUEST FROM COMMERCIAL ONE TO PLANT DEVELOPMENT WITH C ONE AS THE BEST ZONING TO ALLOW FOR MANY WAREHOUSE AND TRACK RENTAL.

THE PROPERTY IS CURRENTLY ZONE COMMERCIAL ONE, AND IT IS LOCATED ON THE WEST SIDE OF INTERSTATE 35 EAST.

THE PROPERTY CONSISTS OF 6.33 ACRES OF LAND.

THIS IS THE, THE, THE LOCATION MAP SHOWING THE AREA, SHOWING THE, THE, THE PROPER THE PROPERTY TO BE DEVELOPED IS THIS ONE RIGHT HERE, BUT THE, THE REST OF THE PROPERTIES, ALL THAT IS HIGHLIGHTED IN RED AND THE PDS FOR ALL THE PROPERTIES THAT BELONG TO, UM, TO YOU, HOWEVER, BECAUSE THESE ONES OUT THERE FOR RED EXISTING BUILDINGS.

SO THIS PORTION WILL BE THE ONE THAT WILL BE DEVELOPED.

AND THIS IS ALSO THE FACILITY MAP.

THE SUBJECT SITE IS VACANT PORTION OF THE EXISTING EUROPE PROPERTIES.

TO THE NORTH IS THE EXISTING EUROPE PROPERTIES ZONED C ONE, COMMERCIAL ONE AND TO THE SOUTHEAST.

A CHURCH ZONED COMMERCIAL ONE TO THE WEST OF IF VACANT PROPERTIES AND HOMES ZONED COMMERCIAL ONE TO THE EAST IS, UM, INTERSTATE 35 EAST, THE FUTURE END USE PLAN OF TO 2015.

COMPREHENSIVE PLAN IDENTIFIES THE SITE IS SUITABLE FOR OFFICE SLASH USES THE PROPOSED STORAGE FACILITIES, THEREFORE NOT CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE COMPREHENSIVE PLAN.

2015 COMPREHENSIVE PLAN.

THE PROPERTY IS ACCESS FROM INTERSTATE 35 EAST SERVICE ROAD AND INTER INTERSTATE 35 EAST IS A PRI PRIMARY HIGHWAY ON THE EASTERN BORDER OF THE CITY.

THE PD REQUEST IS THAT THE, UH, APPLICANT IS REQUESTING FOR A PD WITH COMMERCIAL ONE AS THE BEST ZONING TO ALLOW FOR DEVELOPMENT OF A FOUR STORY BUILDING TO BE LOCATED ON 1321 SOUTH INTERSTATE 35 EAST, WITH NO PROPOSED CHANGES TO THE EXISTING BUILDINGS.

THE APPLICANT IS REQUESTING A, A PLANT DEVELOPMENT C ONE WITH THE FOLLOWING STIPULATION.

ALLOW A MINIMUM WAREHOUSE AND TRAILER OR TRUCK RENTAL BY RIDE TO HAVE ONE SPACE PAY, ONE TREE PAY EVERY 40 FEET AND A CONTINUOUS ROW OF FOUR FOOT SHRUBS WITHIN A 10 FOOT LANDSCAPE BUFFER ALONG, UM, INTERSTATE 35 FOR PARTIAL SCREENING OF THE U TRUCKS AND TRAILERS.

AND WE HAVE ONE SPACE PER 200 STORAGE UNIT, ONE SPACE PARKING SPACE FOR 200 STORAGE UNITS.

THE APPLICANT IS PROPOSING 10 OF THE REQUIRED 14 PARKING SPACES AND A SIX FOOT WOOD FENCE IS PROVIDED ALONG THE SOUTH PROPERTY LINE.

THOUGH THE PLAN DEVELOPMENT IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN, THE REQUESTED USE IS HARMONIOUS, INCOMPATIBLE WITH THE EXISTING

[00:05:01]

THE PROPOSED FOUR STORAGE UNIT WILL BE LOCATED ON THE REMAINING AND DEVELOPED SOUTHERN PORTION OF THE EURO PROPERTIES.

THE PROPOSED SHRUBS AND TREES WILL GIVE THE TRUCK THE VISIBILITY THAT IS NEEDED FOR THE EURO BUSINESS, WHILE PARTIALLY SHIELDING THE OPEN TRUCK TRAILER STORAGE ALONG IN INTERSTATE 35 EAST FRONTAGE, FRONTAGE ROAD STAFF SUPPORT THE APPLICANT'S REQUESTED STAFF SUPPORT.

THE APPLICANT'S REQUEST IS SUBMITTED AND HERE IS THE SITE PLAN THAT WE, WE DO HAVE.

SO LIKE I SAID, AGAIN, THIS IS EXISTING, THIS BUILDING'S EXISTING AND ALL THESE ARE EXISTING.

SO THE PROPOSED BUILDING IS THIS ONE RIGHT HERE.

AND THE, UH, WOODEN FENCE IS SHOWN ALONG THIS SOUTHERN PROPERTY BETWEEN THE, THE PROPOSED BUILDING FOUR STORY BUILDING AND THE CHURCH RIGHT HERE.

THIS IS, UH, THE PROPOSED LANDSCAPE PLAN.

THIS IS THE FACADE, THE NORTH SOUTH, AND THIS IS THIS, UM, WEST AND SOUTH ELEVATION.

AND LET ME EXPLAIN THAT.

UH, THE REASON WHY THIS IS COMING BEFORE YOU IS BECAUSE, UH, WHEN WE CAME BEFORE YOU LAST TIME WITH THIS, UH, ITEM, WE HAD NOTIFIED PROPERTIES THAT ARE WITHIN 200 OF JUST THIS PORTION, YET THE PDS FOR THE WHOLE EURO PROPERTIES.

SO WE WENT AHEAD AND MADE THAT CORRECTION THAT WE NOTIFY, WE NOTICED IT THAT WE HAD MADE AN ERROR ON OUR NOTIFICATION AFTER THE MEETING.

SO WE WENT BACK AND REIFIED FOR THE, ALL THE PROPERTY BECAUSE THE PDS FOR THE WHOLE PROPERTY, YOUR, YOUR PROPERTIES, NOT JUST THE SOUTHERN PROPERTIES.

SO THIS IS WHY THIS IS COMING BEFORE YOU.

NOTHING ELSE HAS CHANGED EXCEPT OF COURSE THAT THEY ARE NOW PROVIDING THE WOODEN, THE WOODEN, UM, THE WOODEN, UM, FENCE ON THE SOUTHERN PROPERTY, AS WAS SUGGESTED IN OUR LAST MEETING.

OTHERWISE, EVERYTHING ELSE REMAINS THE SAME.

IT'S JUST THE NOTIFICATION AREA THAT EXTENDED BECAUSE WE ARE NOW SHOWING THE WHOLE PROPERTIES BECAUSE THEY WANT THE PD TO COVER THE, ALL THE PROPERTIES UNDER THE U.

SO THAT'S THE REASON WHY IT'S COMING BEFORE YOU.

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

THANK YOU MA'AM.

COMMISSIONERS, ANY QUESTIONS FOR STAFF? ALRIGHT, HEARING AND SEEING NONE, THANK YOU VERY MUCH.

WE'LL MOVE ON TO, UH, THE OTHER PUBLIC HEARING WE HAVE FOR THIS EVENING, WHICH IS CONDUCT A PUBLIC HEARING TO CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL OF SPECIFIC USE PERMIT SUP TO ALLOW FOR 448 UH, SQUARE FEET ACCESSORY BUILDING.

THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED 14 IN THE WILLIAM A 4G SURVEY, ABSTRACT 4 64, AND THAT ADDRESS AS 1 49, UH, H DRIVE THE APPLICANT AND OWNER IS MANOS, UH, OSCAR CONTRERAS.

AND THIS IS CASE NUMBER Z DASH 15 THREE DASH 23.

AND MR. BREWER, MAY WE HAVE OUR STAFF REPORT, PLEASE? YES.

AGAIN, UH, HAPPY NEW YEAR EVERYONE.

HAPPY NEW YEAR TO YOU AS WELL.

THIS IS ONE OF THOSE FOLLOW UPS TO SOMETHING THAT HAPPENED IN THE FIELD.

UH, THIS APPLICANT, UH, WHO IS THE PROPERTY OWNER, UH, APPLIED WITH THE CITY FOR A NEW BUILDING PERMIT TO CONSTRUCT A 4,000 PLUS SQUARE FOOT SQUARE FOOT HOME IN AN OLDER AREA OF THE CITY OF DESOTO.

AND I'LL HAVE SOME MAPS TO SHOW YOU WHERE THERE IT IS.

THAT BUILDING PERMIT SITE PLAN AT THAT TIME DID NOT SHOW AN ACCESSORY BUILDING.

UH, THIS PROCESS IS ALMOST KIND OF TAKING TWO YEARS.

UM, WE HAVE A PROCESS TO WHERE A BUILDING PERMIT WILL REMAIN VALID AS LONG AS INSPECTIONS ARE OCCURRING.

UH, THE LAST INSPECTION THAT OCCURRED, A 180 DAY TIME PERIOD ELAPSED THAT PARTICULAR PERMIT EXPIRED.

HE CAME BACK AND RENEWED THAT PERMIT, REQUESTED A FOUNDATION INSPECTION.

AND DURING THAT INSPECTION, THE BUILDING PER THE BUILDING INSPECTOR NOTICED A NEW STRUCTURE ON THE PROPERTY.

UH, HE WAS ISSUED A STOP WORK ORDER AND, AND INFORMED OF THE CITY'S ZONING REGULATIONS THAT IDENTIFIED THAT THE STRUCTURES OVER 240 SQUARE FEET.

UH, OUR ZONING ORDINANCE REQUIRES A SPECIFIC USE PERMIT TO BE APPLIED FOR.

SO HE HAS NOW APPLIED FOR HIS SUP AND WE'RE COMING TO YOU NOW WITH THAT PRESENTATION.

AGAIN, THE PROPERTY, AS YOU SEE IS LOCATED, IT'S SOUTH OF PARKVILLE PARKER AND WALMART IS FURTHER NORTH.

THIS IS HAMPTON ROAD.

THIS ROAD HERE IS CALLED ACE DRIVE.

IT'S A ONE WAY IN AND ONE

[00:10:01]

UH, THESE TRACKS OF LANDS HERE ARE THE CITY'S SMALLEST ZONING DISTRICTS, WHICH ARE SF EIGHT.

XF EIGHT MEANS 8,000 SQUARE FOOT LOT.

IF YOU WOULD LOOK ON THE DCA MAP, YOU'LL SEE THAT THERE ARE A LOT OF VACANT LOTS HERE, BUT THIS PARTICULAR LOT, UH, THERE IS A VACANT LOT ACROSS THE STREET FROM IT.

WE'LL GET MORE, UH, VISUAL WITH THE PHOTOS WE HAVE.

THIS IS A CUL-DE-SAC.

UH, HE ONLY HAS ONE NEIGHBOR ON THE WEST SIDE AND ONE NEIGHBOR ON THE RIGHT.

UH, WE DID DO OUR NOTIFICATION REQUIREMENTS, ALL PROPERTY OWNERS WITHIN BOTH 200 AND 400 FEET.

UH, AS OF TODAY, WE HASN'T RECEIVED ANY NOTICES IN SUPPORT OF OUR AND OPPOSITION OF THIS, UH, REQUEST.

THIS IS THE SITE PLAN HERE THAT, UH, WAS PREPARED FOR THE ZONING CASE.

THIS IS THE 4,426 SQUARE FOOT DWELLING, UH, THAT HAS BEEN, UH, CONSTRUCTED.

HE HASN'T BEEN GIVEN THE CERTIFICATE OF OCCUPANCY 'CAUSE AGAIN, THE ENTIRE PROJECT HAS BEEN SHUT DOWN BY THE CITY.

A STOP WORK ORDER HAS ISSUED BECAUSE OF THIS 448 SQUARE FOOT, UM, ACCESSORY BUILDING.

HERE.

HE IS PROPOSING TO COME IN OFF OF ACE DRIVE, HAVE A CONCRETE APPROACH WAY THAT GOES BOTH TO HIS HOUSE.

HE DOES HAVE AN ATTACHED GARAGE, WHICH IS A REQUIREMENT OF OUR ZONING ORDINANCE FOR HIS STRUCTURE.

YOU SEE THE TWO CAR GARAGES HERE, BUT HE IS PROPOSING, HE DESIRING TO HAVE A SECOND BUILDING TO HAVE A, THAT'S A LAWNMOWER YOU SEE THERE.

AND A, IT'S A TWO-SIDED STRUCTURE.

OUR PHOTOS WILL GET MORE INTO PACIFICS THAT LET YOU SEE WHAT'S GOING ON, BUT IT IS BOTTOM LINE, A DETACHED BUILDING.

SOME OF THE THINGS THAT THAT CAUSE STAFF SIZE, IF YOU GO OUT THERE, IT WOULD REALLY CATCH YOUR ATTENTION TO THINK THAT IT IS IN VIOLATION OF OUR ZONING ORDINANCE, BUT IT IS NOT IN VIOLATION OF OUR ZONING ORDINANCE.

WHEN YOU LOOK AT THE ZONING DISTRICT BEING SF EIGHT, THE DISTANCE FROM HIS SIDE PROPERTY LINE TO THE PORTABLE BUILDING IS SEVEN FEET.

AND OUR DISTRICTS, YOU HAVE RESTRICTED FRONT YARDS, RESTRICTED REAR YARDS AND RESTRICTED SIDE YARDS.

THAT'S WHY YOU SEE, UH, HOMES LINED UP TOGETHER BECAUSE OF THAT FRONT YARD VARIATION.

AND THAT'S WHY YOU SEE A GENERALLY A UNIFORM DISTANCE BETWEEN HOMES.

YOU CANNOT STRUCTURALLY BUILD IN A RESTRICTED FRONT OR SIDE YARD AREA.

HE IS NOT IN VIOLATION OF THAT.

AGAIN, THERE IS SEVEN FEET BETWEEN HIS SIDE PROPERTY LINE AND HIS STRUCTURE.

ALSO, HE IS NOT ENTERING, HE'S NOT PROPOSING TO ENTER THIS BUILDING THROUGH THAT SIDE YARD.

SO HE'S NOT COMING OFF THE STREET AND GOING INTO THE SEVEN FOOT SIDE YARD AREA TO ENTER IT.

HE IS PROPOSING TO ENTER IT THROUGH HIS FRONT YARD DRIVEWAY, SIMILAR TO HIS, UH, UH, ACCESSING HIS GARAGE HERE THAT'S ON THE HOUSE.

SO HE'S ACCESSING IT HERE.

THE OPENING OF HIS GARAGE IS NOT, UH, FACING THE STREET OR HIS NEIGHBORS.

SO THAT'S SOME OF THE THINGS, YOU KNOW, WE TOOK INTO CONSIDERATION.

WHILE WE MAY HAVE A PERSONAL OPINION OF WHERE HIS POSITIONED THE BOTTOM LINE, IT IS NOT IN VIOLATION OF OUR ZONING ORDINANCE.

IF IT WAS IN THE REAR YARD.

UM, AS YOU SEE IN YOUR REPORT, WE START TALKING ABOUT IF IT WAS IN THE REAR YARD AREA, HE'D HAVE TO BE A MINIMUM OF THREE FEET FROM HIS REAR PROPERTY LINE, OR THREE FEET FROM THE SIDE LINE IN THE REAR.

BUT AGAIN, HE'S NOT BUILDING IN THE REAR OF THE BUILDING.

HE'S BUILDING IN THIS AREA.

HE'S NOT IN VIOLATION OF THE FRONT YARD REQUIREMENT.

IT'S EITHER 20 OR 25.

AND AGAIN, HE IS NOT IN VIOLATION OF THE SIDE YARD, WHICH IS SEVEN.

HERE ARE THE PHOTOS, IF YOU HAVEN'T HAD AN OPPORTUNITY TO DRIVE OUT THERE.

AND AGAIN, THE, IT'S A BRAND NEW HOME, 4,000 SQUARE FOOT HOME.

THAT'S HIS ATTACHED GARAGE, TWO CAR GARAGE TO MEET THE CITY'S REQUIREMENT.

THAT'S HIS PORTABLE BUILDING THAT HE'S GOING TO DRIVE IN.

AND HE'S SHOWING ONE, UH, ONE SLAB, UH, CONNECTIVITY TO THIS NORTH MOST SIDE.

NOT A CONNECTIVITY TO THAT, BUT OF COURSE THAT COULD ALWAYS CHANGE.

BUT RIGHT NOW, THAT'S HOW IT IS NOW.

SO THAT'S THE FRONT VIEW.

THIS VIEW, UH, I WANTED TO LET YOU REALLY SEE THE DISTANCE FROM HIS NEIGHBOR.

UH, AND ALSO, UH, THIS IS A DEAD END.

UH, LIKE I SAY, CUL-DE-SAC PROPERTY.

SO THE STRUCTURE IS NOT PHYSICALLY IMPEDING THE ENVIRONMENTAL AIR OR AIRFLOW OR VISIBILITY OF HIS PROPERTY, OF HIS NEIGHBOR.

THIS IS, UH, TWO PHOTOS SHOWING,

[00:15:01]

AS YOU SAID, THIS IS THE SOUTH PORTION, THE SMALL AREA WHERE I GUESS HE'D HAVE HIS LAWN MOWER, WHATEVER THIS IS PROPULSION BY THE SITE.

THIS IS THE SIDE BY THE SITE PLAN.

HE WILL HAVE CONNECTIVITY HERE.

UM, THE DOOR WIDTHS ARE PROBABLY GOING TO BE, UH, SOME TYPE OF ROLLING GARAGE DOOR, BUT THAT STILL WILL BE HIS CHOICE.

UH, THIS VIEW IS FROM THE CUL-DE-SAC.

LOOKING BACK TO THE WEST, I WANTED TO GIVE IT TO YOU TO HELP GIVE YOU EVEN A MORE, A DIFFERENT VIEW OF, YOU KNOW, WHAT'S THIS DISTANCE BETWEEN HIS PROPOSED BUILDING AND HIS PROPERTY.

HIS NEIGHBOR ACTUALLY HAS SOME STORAGE TRAILERS OUT THERE HIMSELF.

THIS VIEW ON THE RIGHT IS IMPORTANT 'CAUSE I NEEDED YOU TO SEE ACROSS THE STREET.

UH, WHILE THE PROPERTY OWNER ACROSS THE STREET HAS SOME VACANT LAND, THIS IS ENCORE'S EASEMENT THAT GOES ALL THE WAY THROUGH THE CITY.

THIS IS THAT OVERHEAD ELECTRICAL POWER LINE.

SO IT'S WHERE NO DEVELOPMENT IS GONNA OCCUR THERE.

ANYWAY, AGAIN, A DIFFERENT VIEW FROM THE CUL TO SOCIETY, HOPEFULLY GIVE YOU A BETTER VISUAL DISTANCE, UH, REQUIREMENT.

BUT AGAIN, THE DISTANCE IS SEVEN FEET FROM THE PROPERTY LINE, WHICH MAKES THEM IN COMPLIANCE WITH THE CITY ZONING ORDINANCE.

AND AS SUCH, STAFF HAD TO RECOMMEND, WE ARE RECOMMENDING APPROVAL EVEN THOUGH CONCEPTUALLY IT MAY LOOK QUESTIONABLE, IT'S IN COMPLIANCE, BUT IT IS IN YOUR HOUSE FOR YOU TO MAKE THE RECOMMENDATION TO GO ON TO THE CITY COUNCIL.

UH, THE APPLICANT, UH, HAS BEEN REQUESTED TO BE HERE AND SHOULD BE HERE DURING THE PUBLIC HEARING PORTION OF THIS, UH, ZONING CASE.

I'LL ADDRESS ANY OTHER QUESTIONS OR CONCERNS YOU MAY HAVE.

THANK YOU, SIR.

UH, COMMISSIONERS, ANY QUESTIONS FOR STAFF? MS. CAESAR? YES.

UH, MR. BULL, WHAT TYPE OF, UM, FINISHINGS, HOW WILL HE FINISH OUT THE EXTERIOR? DO WE KNOW RIGHT NOW? WE DON'T KNOW.

DON'T, OKAY.

BUT AGAIN, THE REQUIREMENTS ARE, UM, WE CAN'T REALLY GET INTO THE, UH, BUILDING FINISHES IF IT'S IN THE BUILDING CODE THAT HE BUILT UNDER, UH, IT'S IN COMPLIANCE.

OKAY, THANK YOU.

HOPEFULLY IT WOULD BE LOOKING THE SAME AS HIS, UH, HOME.

RIGHT.

BUT AGAIN, IN A SENSE, I KNOW WE CANNOT, WE CAN YOU CAN ANSWER THAT QUESTION.

YEAH, WE CAN ASK, BUT YES MA'AM.

I KNOW WE CAN'T DELEGATE OR, OKAY, I UNDERSTAND.

YES.

YEAH.

ALRIGHT.

MR. RDO? YES, THAT WAS MY QUESTION, BUT I HAD A SECOND ONE.

IS THERE WATER IN THE BUILDING? DO YOU KNOW IF THERE'S NO, THERE'S NOTHING IN THERE, CORRECT? I PHYSICALLY WENT INSIDE THE, UH, STRUCTURED BUILDING.

IT IS ON A FULLY POURED CONCRETE SLAB.

THERE ARE NO DRILLED, UH, UH, UH, CONDUITS COMING OUT OF THE FOUNDATION RIGHT NOW.

THERE'S NO CONDUIT IN THERE WHATSOEVER.

BUT OF COURSE, ELECTRICAL WISE, HE COULD BRING SOMETHING IN THERE, UH, LATER.

UM, HE COULD NOT ESTABLISH THIS AS A RESIDENTIAL DWELLING.

UH, IT WOULD BE IN VIOLATION OF A ZONING ORDERS.

YOU HAVE TO BE ON THE LARGER, UM, SINGLE FAMILY COUNTRY ESTATES OR THE ESTATE LOTS TO HAVE A SECOND DWELLING, UH, BUILDING ON YOUR STRUCTURE TO HAVE A, A RESIDENTIAL USE.

SO IT HAS TO BE DEEMED AS A, YOU KNOW, ACCESSORY REBUILDING.

THANK YOU.

MM-HMM.

.

OKAY, MS. BROOKS, MR. BREWER, IF YOU CAN GO BACK TO THE, UM, THE PAGE, THE SLIDE WHERE IT SHOWS BOTH THE NEIGHBOR AND THAT, THAT ONE NOW THE ONE BACK THE OTHER WAY? YES, THAT ONE.

SO THE STRUCTURE THAT HE'S BUILDING, YOU SAID IT'S SEVEN FEET FROM HIS PROPERTY LINE? FROM THE PROPERTY, FROM THE SHARED PROPERTY LINE BETWEEN HIM AND HIS NEIGHBOR.

OKAY.

THAT'S WHAT I NEED IS IF SO IMMEDIATELY AT THAT SEVEN FEET, IT'S THE NEIGHBOR'S PROPERTY.

YES.

IF YOU LOOK AT THIS D AD MAP, THAT LINE THAT YOU SEE THERE IS THE SHARED PROPERTY LINE BETWEEN THIS PROPERTY OWNER AND HIS NEIGHBOR.

SO THERE'S NO POTENTIAL FOR ANY OTHER DEVELOPMENT TO BE PUT UP IN BETWEEN THOSE TWO PROPERTIES? YES.

THE NEIGHBOR HAS THE AUTHORITY TO BUILD ALL THE WAY UP TO HIS SEVEN FOOT LINE AS LONG AS HE STAYS.

BUT THERE WILL BE SEVEN, 14 FEET BETWEEN.

YES.

OKAY.

THAT'S WHAT I NEED.

YES.

THANK YOU.

OKAY.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS ON THIS CASE? OH, MS. CAESAR, MR. BREW, HOW LARGE IS THIS LOT? DO WE KNOW? I THINK I DO HAVE THE, THE DCA INFORMATION.

[00:20:13]

ONE LITTLE LESS THAN A HALF AN ACRE.

THANK YOU.

OKAY.

AND THAT'S PER DCA.

THAT'S THE BEST I CAN GIVE YOU? YEAH.

ALRIGHT.

COMMISSIONERS, ANY OTHER QUESTIONS ON THIS PARTICULAR CASE? DID YOU RECEIVE ANY LETTERS OF OPPOSITION OR IN FAVOR FROM THE NEIGHBORS ACROSS THE STREET? WERE THERE ANY? NONE THAT'S FAR.

I WOULD LEAN OVER TO OUR PERMIT TECH TRENT, THE UH, LETTER.

OKAY.

THANK YOU.

ALRIGHT.

ALRIGHT.

HEARING AND SEEING.

NO OTHER QUESTIONS.

THANK YOU MR. BREWER.

THANK YOU.

ALRIGHT, UH, COMMISSIONERS, IF YOU'VE HAD AN OPPORTUNITY TO REVIEW THE MINUTES, IS THERE ANY, UH, ADDITIONS, DELETIONS, MODIFICATIONS TO THE MINUTES YOU'D LIKE TO SUGGEST AT THIS TIME? OKAY, HEARING IS SAYING NONE.

DO WE HAVE VOLUNTEER FOR THE PLEDGE OF ALLEGIANCE THIS EVENING, MS. BROOKS? OKAY.

THANK YOU VERY MUCH.

AND STAFF, IS THERE ANYTHING ELSE THAT WE NEED TO DISCUSS BEFORE WE ADJOURN THE WORK WORK SESSION? YES.

WE JUST WANTED TO BRING TO YOUR ATTENTION THAT WE DO HAVE A, A CONSENT, UM, MINUTES LISTED TWICE UNDER CONSENT ITEMS AS WELL AS UNDER A PUBLIC HEARING.

SO THEY JUST NEED TO BE UNDER PUBLIC HEARING AND NO, NO UNDER CONSENT, NOT PUBLIC HEARING.

OKAY.

I GOT YOU A GOOD CHECK IN.

OKAY.

ALRIGHT.

WELL, HEARING AND SEEING NOTHING ELSE AT THIS TIME, THE TIME IS 6 23.

WE WILL ADJOURN, UH, THE WORK SESSION AT THIS TIME AND WE WILL BEGIN OUR REGULAR SESSION PROMPTLY AT 7:00 PM THANK YOU.

GOOD EVENING LADIES

[C. REGULAR SESSION Call to Order Pledge of Allegiance ]

THE TIME IS NOW 7:00 PM TODAY IS TUESDAY, JANUARY THE NINTH OF 2024.

WE'D LIKE TO CALL THE REGULAR SESSION OF THE SOTO OF PLANNING AND ZONING COMMISSION TO ORDER AND WE WILL FIRST BE LED IN THE PLEASURE OF LEISURES BY COMMISSIONER BROOKS.

CONGRATULATIONS TO THE FLAG OF 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.

THE FIRST ITEM ON

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

UH, PLANNING THE ZONING, COMMISSION MEETING, UH, COMMISSIONERS HAVEN'T HAD AN OPPORTUNITY TO REVIEW THOSE MINUTES.

ARE THERE ANY ADDITIONS, DELETIONS, OR MODIFICATIONS YOU WOULD LIKE TO PROPOSE AT THIS TIME? TO THE MINUTES HEARING AND SEEING NONE, IS THERE A MOTION TO APPROVE THE MINUTES FROM DECEMBER 12TH, 2023? MR. CHAIR, I WOULD LIKE TO RECOMMEND THAT WE APPROVE THE MINUTES AS WRITTEN.

ALRIGHT, IT'S BEEN MOVED BY MR. LL.

IS THERE A SECOND? SECOND, MR. CHAIR.

IT'S BEEN SECOND BY MS. CAESAR.

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

AYE.

ALL OPPOSED? DO THE SAME AND SAY NAY.

THE AYES HAVE IT UNANIMOUSLY.

AND FOR THE RECORD, WE DO HAVE A QUORUM.

TO MY RIGHT, WE HAVE MS. CAESAR, MR. RAVENNA, TO MY LEFT WE HAVE MS. BROOKS, MR. CELL, AND MR. BERRY AND MYSELF, MR. PUGH.

SO AGAIN, WE DO HAVE A QUORUM.

WE WILL MOVE.

I KNOW ON THE AGENDA WE HAVE CITIZEN APPEARANCES.

WE WILL ACTUALLY MOVE THAT TO THE END OF OUR MEETING TONIGHT AND WE'LL

[3. Conduct a Public Hearing and consider making a recommendation to the City Council regarding a zoning change request from Commercial-1 (C-1) to Planned Development with base zoning district of C-1 with deviations to allow for mini-warehouse and truck rental on the undeveloped southern portion (1321 S. I-35E) of U-Haul properties. The U-Haul properties consist of approximately 6.33 acres of land legally described as Tract 11 and Tract 12, Block A, James Porter Survey, Abstract No. 1129, page 395 and Lots 9RR and 9RR.1, Block A, Meadow Acres/U-Haul Addition. (Case No. Z-1512-23)]

UH, FOR THE RECORD, THERE WERE THREE THAT WERE LISTED, BUT ONE HAS BEEN TABLED.

UH, THAT'S CASE NUMBER Z DASH 15 ONE DASH 23.

THAT PUBLIC HEARING HAS BEEN TABLED.

SO WE'LL PROCEED WITH THE NEXT ITEM ON AGENDA, WHICH IS ITEM F THREE.

AND IT SAYS, CONDUCT A PUBLIC HEARING AND CONSIDER MAKING RECOMMENDATION TO CITY COUNCIL REGARDING THE ZONING CHANGE REQUEST FROM COMMERCIAL ONE C ONE TO PLAN DEVELOPMENT WITH BASED ZONING DISTRICT OF C ONE WITH DEVIATIONS TO ALLOW FOR MANY WAREHOUSE AND TRUCK RENTAL ON THE UNDERDEVELOPED SOUTHERN PORTION, WHICH IS 1321 SOUTH I 35 EAST OF U-HAUL PROPERTIES.

THE U-HAUL PROPERTIES CONSISTS OF APPROXIMATELY 6.33 ACRES OF LAND LEGALLY DESCRIBED AS TRACK 11 AND TRACK 12 BLOCK A JAMES PORTER SURVEY ABSTRACT NUMBER 1 1 2 9,

[00:25:01]

AND THIS IS CASE NUMBER Z DASH 1512 DASH 23.

AND MS. MOON, UH, HAPPY NEW YEAR TO YOU AND GOOD EVENING.

AND MAY WE HAVE A STAFFER BOARD PLEASE? GOOD EVENING TO YOU.

COMMISSIONER SAND HERE TO YOU TWO CASE NUMBER Z 1512 OF 23 IS A PLAN DEVELOPMENT REQUEST FROM COMMERCIAL ONE TO PLAN DEVELOPMENT WITH COMMERCIAL.

ONE IS THE BEST ZONING TO ALLOW FOR MANY WAREHOUSE AND TRUCK RENTAL.

THE PROPERTY IS CURRENTLY SOLD COMMERCIAL ONE AND IT IS LOCATED ON THE WEST SIDE OF INTERSTATE 35 EAST HIGHWAY.

THE PROPERTY CONSISTS OF 6.33 ACRES OF LAND TO THE LEFT IS THE VICINITY, THE AREA MAP SHOWING THE PROPERTY AND THE AREA IS HIGHLIGHTED IN RED.

THE WHOLE OF THE EURO PROPERTY IS HIGHLIGHTED IN RED AND TO THE LEFT OF THE VICINITY MAP.

THE SUBJECT SITE IS, IS VACANT PORTION OF THE EXISTING U PROPERTIES.

TO THE NORTH IS THE EXISTING EURO PROPERTIES ZONED COMMERCIAL ONE.

AND TO THE SOUTH IS A CHURCH ZONED COMMERCIAL.

ONE TO THE WEST ARE VACANT PROPERTIES AND HOMES ZONED COMMERCIAL ONE AND TO THE EAST IS INTER INTERSTATE 35 EAST.

THE FUTURE END IS PLAN OF THE 2015 COMPREHENSIVE PLAN IDENTIFIES THE SITE IS SUITABLE FOR OFFICE RETAIL, USES THE PROPOSED FACILITIES, THEREFORE NOT CONSISTENT WITH THE FUTURE END USE PLAN OF THE 2015 COMPREHENSIVE PLAN.

ACCESS TO THIS PROPERTIES FROM INTERSTATE 35 EAST SURFACE ROAD AND INTERSTATE 35 EAST IS THE PRIMARY HIGHWAY ON THE EASTERN BOARD OF THE CITY.

THE APPLICANT IS REQUESTING A, A PLAN DEVELOPMENT WITH COMMERCIAL ONE AS THE BASE ZONING TO ALLOW FOR DEVELOPMENT OF A FOUR STORY BUILDING TO BE LOCATED ON THE ON 35 21 SOUTH INTERSTATE 35 EAST, WITH NO PROPOSED CHANGES TO THE EXISTING BUILDINGS.

THE APPLICANT IS REQUESTING FOR A PLAN DEVELOPMENT COMMERCIAL, ONE WITH THE FOLLOWING STIPULATIONS.

NUMBER ONE TO ALLOW FOR MANY WAREHOUSE AND TRAILER OR TRUCK RENTAL BY RIGHT NUMBER TWO, ONE TRIP EVERY 40 FEET AND A CONTINUOUS ROW OF FOUR FOOT SHRUBS WITH THE LANDSCAPE WITHIN THE LANDSCAPE BUFFER ALONG SOUTH INTERSTATE 35 EAST FOR PARTIAL SCREENING OF THE EURO TRUCKS AND TRAILERS AND ONE PARKING SPACE PER EVERY 200 SQUARE 200 STORAGE UNITS.

THE APPLICANT IS PROPOSING 10 OF THE REQUIRED 14 PARKING SPACES AND A SIX FOOT WOOD FENCE IS PROVIDED ALONG THE SOUTHERN PROPERTY LINE.

THOUGH THE, THOUGH THE REQUEST IS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN, THE REQUESTED USE IS HARMONIOUS AND COMPATIBLE TO THE EXISTING U STORAGE USE USES ON THE NORTHERN SIDE.

THE PROPOSED FOUR STORAGE UNIT WILL BE LOCATED ON THE REMAINING AND DEVELOPED SOUTHERN PORTION OF THE UO PROPERTIES.

THE PROPOSED SHRUBS AND TREES WILL GIVE THE TRAILERS THE VISIBILITY THAT IS NEEDED FOR THE BUSINESS.

WERE PARTIALLY SHOOTING THE TRUCK AND TRAILER STORAGE ALONG THE I INTERSTATE 35 FRONTAGE STAFF.

SUPPOSED THE APPLICANT'S REQUESTED THE, THE STAFF SUPPOSED THE APPLICANT'S REQUEST THEY SUBMITTED THIS IS THE PROPOSED SITE PLAN AND THE WOOD FENCE IS PROPOSED ON THE SOUTH AND PROPERTY RIGHT HERE WHERE THE CHURCH IS TO THE SOUTH.

AND THE PROPOSED BUILDING IS TO THE NORTH.

THIS IS THE PROPOSED LANDSCAPE PLAN.

THIS IS THE NORTH, NORTH AND EAST ELEVATIONS.

THIS IS THE SOUTH AND WEST ELEVATION.

AND HERE IS WHY.

THE REASON WHY THIS, UM, UH, THIS APPLICATION IS BEFORE YOU AGAIN THIS EVENING.

THIS APPLICATION CAME BEFORE YOU ON DECEMBER 12TH, 2023.

AND I, AT THAT TIME, STAFF I HAD NOTIFIED USING JUST THE PORTION I'M SORRY ABOUT, THAT STAFF HAD NOTIFIED JUST THE NOTIFICATIONS WERE MISSED MADE BASED ON THE, ON JUST THE SOUTHERN PORTION THAT IS GOING TO BE DEVELOPED NOW THAT THE REST OF THE PROPERTIES ARE ALREADY DEVELOPED.

SO AT THAT POINT WE HAD ONLY NOTIFIED USING JUST THIS PORTION AND WE, SINCE THE PDS FOR THE WHOLE PROPERTY, WE

[00:30:01]

SO THIS WAS THE, UM, NOTIFICATION THAT WENT OUT IN DECEMBER FOR THE DECEMBER MEETING.

AND YES, THE NOTIFICATION THAT WE HAD TO GO BACK AND REDO BECAUSE WE NOTICED THAT, UH, THE PDS FOR THE WHOLE EURO PROPERTIES, NOT JUST THE SOUTHERN SECTION.

SO THIS IS THE APP, UH, THE NOTIFICATION THAT WE LATER DID.

AND, UH, THIS IS WHAT IS BEFORE YOU THE NOTIFICATION FOR THE ITEM THAT IS BEFORE YOU TO TONIGHT.

AND THE REASON WHY THIS APP, THIS, UM, ITEM IS BEFORE YOU AGAIN TONIGHT AND WAS DISCUSSED AGAIN WITH IN THE MEETING IN DECEMBER, THE NEED FOR, FOR FENCE ON THE SOUTH AND PROPERTY LINE.

THE APPLICANT WENT AHEAD AND, UM, INDICATED THAT THEY'LL BE PROVIDING A SIX FOOT FENCE, WOOD FENCE ALONG THE SOUTHERN PROPERTY LINE.

AND WITH THAT BEING SAID, STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL OF THE PD AS SUBMITTED.

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

THE A APPLICANT IS ALSO AVAILABLE FOR, UH, QUESTIONS THAT YOU MIGHT WANT TO ASK FROM THE APPLICANT.

THANK YOU VERY MUCH.

BEFORE, UH, WE GET TO ANY QUESTIONS THAT, UH, THE COMMISSION MAY HAVE FOR YOU.

AND BEFORE WE OPEN UP UP THE PUBLIC HEARING, UH, LET ME JUST SAY THIS FOR ANYONE IN ATTENDANCE IF YOU WOULD LIKE TO BE HEARD ON THIS PARTICULAR CASE.

UH, THIS AGENDA ITEM OR THE NEXT AGENDA ITEM IF YOU'D LIKE TO BE HEARD DURING THE PUBLIC HEARING.

UH, TO MY LEFT, TO YOUR RIGHT IS A TABLE.

AS YOU ENTER INTO THE ROOM, UH, IF YOU FILL OUT A COMMENT CARD, UH, FOR US, MR. TRENT CARROLL, IF YOU RAISE YOUR HAND, IF YOU'LL GIVE THAT TO MR. CARROLL.

SO AGAIN, IF YOU WANNA BE HEARD EITHER ON THIS CASE OR THE NEXT CASE WE HAVE COMING UP, IF YOU WILL PLEASE FILL OUT A COMMENT CARD.

SO WITH THAT BEING SAID, LEMME TURN IT OVER TO MY FELLOW COMMISSIONERS.

COMMISSIONERS.

ANY QUESTIONS FOR STAFF ON THIS CASE? OKAY, HEARING IS SEEING NONE THE TIME IS NOW 7 0 9.

WE'RE GONNA TAKE AN OPPORTUNITY TO OPEN THE PUBLIC HEARING ON THIS CASE.

THE PUBLIC HEARING AT 7:09 PM IS NOW OPEN.

IF THERE'S ANYONE WHO WOULD LIKE TO SPEAK, IF THE APPLICANT IS HERE, IF YOU WOULD LIKE TO, UH, SPEAK OR SUBJECT YOURSELF TO QUESTIONS NOW WILL BE AN OPPORTUNITY.

OR IF THERE'S ANYONE ELSE WHO WOULD LIKE TO EITHER SPEAK IN FAVOR OR IN OPPOSITION OF THIS AGENDA ITEM.

NOW IS THE TIME.

IS THERE ANYBODY WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR CASE? I'M GONNA ASK ONCE AGAIN ANYBODY WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR CASE.

ALRIGHT, SEEING AND HEARING NONE THE TIME IS NOW SEVEN 10.

WE'LL TAKE THE OPPORTUNITY TO CLOSE THE PUBLIC HEARING AND COMMISSIONERS, IS THERE ANY FURTHER DISCUSSION OR ARE WE PREPARED FOR A MOTION ON THIS PARTICULAR AGENDA ITEM MS. BROOKS? IN THE CASE Z 1512 DASH 23, I MOVE THAT WE FOLLOW STAFF RECOMMENDATION OF APPROVAL.

OKAY, HAS MOTION BEEN MADE FOR APPROVAL? IS THERE SECOND? SECOND BY MR. LL? ANY UNREADINESS? OKAY, ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND AND SAY AYE.

AYE.

AYE.

THOSE OPPOSED DO THE SAME AS SAY NAY.

THE AYES HAVE IT.

SIX ZERO.

WE'LL MOVE ON,

[4. Conduct a Public Hearing to consider making a recommendation to the City Council of Specific Use Permit (SUP) to allow for a 448 square feet accessory building. The property is legally described as being Tract 14 in the William A. Forgy Survey, Abstract 464 and addressed as 149 Ace Drive. The applicant and owner is Banuelos Oscar Contreras. (Case Number Z-1513-23)]

UH, THAT'LL BE ITEM L FOUR.

IT SAYS, CONDUCT A PUBLIC HEARING TO CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL, UH, SPECIFIC USE PERMIT SUP TO ALLOW FOR A 448 SQUARE FOOT ACCESSORY BUILDING.

THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACK 14 IN THE WILLIAM A FORGE SURVEY ABSTRACT 4 6 4 AND ADDRESS AS 1 4 9 ACE DRIVE.

THE APPLICANT OWNER IS ELLIS OSCAR CONTRERAS AND THIS IS CASE, UH, NUMBER Z DASH 1,513 DASH 23.

HAPPY NEW YEAR TO YOU AS WELL, MR. BREWER.

AND MAY WE HAVE OUR, OUR STAFF BOARD PLEASE.

AND DO YOU ALSO CHAIR AND MEMBERS OF THE COMMISSION.

ON DECEMBER THE 30TH, 2021, THE APPLICANT AND PROPERTY OWNER SUBMITTED A BUILDING PERMIT TO THE CITY FOR THE CONSTRUCTION OF A 4,426 SQUARE FOOT DETACHED SINGLE FAMILY RESIDENT.

DURING THAT TIME PERIOD, UH, THE LAST INSPECTION THAT WAS DONE BY THE CITY WAS CONDUCTED IN 2022.

UH, CITY REGULATIONS ESTABLISHED THAT BUILDING PERMITS REMAINED VALID FOR 180 DAYS.

FOLLOWING THE LAST INSPECTION.

WITH THAT LAST INSPECTION BEING NOVEMBER THE 12TH, 2022, THAT PARTICULAR INITIAL PERMIT BECAME VOID ON MAY THE 15TH, 2023.

THE APPLICANT DID REAPPLY FOR THAT A PERMIT AND WAS REISSUED ON SEPTEMBER THE SIXTH, 2023.

DURING THE NEXT INSPECTION THAT WAS REQUESTED BY THE APPLICANT FOR THE FOUNDATION ON OCTOBER 12TH, THE CITY'S BUILDING INSPECTOR NOTICED A SEPARATE ACCESSORY BUILDING BEING CONSTRUCTED

[00:35:01]

THE PROPOSED BUILDING IS 448 SQUARE FEET, WHICH FOR THIS ZONING DISTRICT, WHICH IS SF EIGHT, IS IN VIOLATION OF THE CITY ZONING ORDINANCE.

A ZONING ORDINANCE STATES THAT ACCESSORY BUILDINGS GREATER THAN 240 SQUARE FEET REQUIRE PACIFIC USE PERMIT.

AT THAT TIME OF BECOMING AWARE THAT THIS SEPARATE STRUCTURE WAS BEING CONSTRUCTED, A BUILDING OFFICIAL AND HIS STAFF ISSUED A STOP WORK ORDER AND THE PROPERTY OWNER APPLICANT WAS INFORMED THAT WITH THE BUILDING EXCEEDING THE MINIMUM SQUARE FOOT FOR ACCESSORY BUILDINGS, UH, SHOULD HE LIKE TO KEEP THE BUILDING, HE WOULD AT LEAST HAVE TO APPLY FOR A SPECIFIC USE PERMIT AND BECOME BEFORE BOTH YOUR BOARD AND THE CITY CITY COUNCIL.

IN ORDER TO HAVE THAT CONSIDERED, THE APPLICANT HAS APPLIED FOR THE PACIFIC USE PERMIT APPLICATION.

SUBMITTED AN UPDATED SITE PLAN, UH, AND IS NOW BEFORE YOU, I WILL GO THROUGH OUR SLIDES AS SHOWN ON THE FIRST SCREEN ON THE LEFT.

UH, THIS PROPERTY IS LOCATED SOUTH PARKVILLE ROAD, WEST OF SOUTH HAMPTON ROAD.

IT IS A ONE WAY IN WHICH IS ACE DRIVE AND IT SHOWED ON THE DCAP MAP IN THE GREEN BOX, UM, GOING DOWN THE WEST SIDE OF THE STREET.

IT IS ON THE NORTH SIDE, THE SECOND FROM THE LAST LOT.

ON THE END, UH, DURING YOUR, UH, WORKSHOP, YOU UH, ONE OF THE COMMISSIONERS DID ASK ME ABOUT THE SIZE OF THE LOT.

I DID SEE ON THE SITE PLAN THAT THE APPLICANT, WHICH CONFIRMS WITH THE DALLAS CENTRAL APPRAISER DISTRICT, THAT THE LOT IS 0.451 ACRES, WHICH EQUATES TO 19,645 SQUARE FEET.

THE ACTUAL DIMENSIONS ARE, THE WIDTH OF THE PROPERTY IS 103.42 FEET IN WIDTH AND 190 FEET IN DEPTH.

CITY STAFF COMPLIED WITH STATE AND LOCAL REGULATIONS AS FAR AS NOTIFYING PROPERTY OWNERS WITHIN BOTH 200 FEET, WHICH YOU SEE ON THE MAP AS BEING THE REGION COLORED IN BLUE.

AND THE REGION COLORED IN PURPLE IS THE ADDITIONAL COURTESY NOTICES THAT WE SEND OUT TO PROPERTY OWNERS BETWEEN THE 200 AND 400 FOOT, UH, DISTANCE MARKING FROM THE PROPERTY ITSELF.

AS OF TODAY, OUR PERMIT TECHNICIAN HAS INFORMED ME THAT CITY STAFF HAS RECEIVED NO LETTERS IN OPPOSITION OF OR IN SUPPORT OF THE ZONING SUP REQUEST IN YOUR PACKAGES AND ON THE SCREEN NOW, YOU WILL SEE THE SITE PLAN THAT HAS BEEN SUBMITTED BY STAFF.

ON THE RIGHT HAND SIDE, YOU'LL SEE THE 4,400 SQUARE FOOT, UH, SINGLE FAMILY DETACHED HOME.

THIS HOME DOES HAVE AS REQUIRED BY, UH, REGULATIONS A ATTACHED GARAGE, TWO CAR GARAGE HERE.

WHAT THE APPLICANT IS PROPOSING IS TO HAVE AN ENTRANCE CONCRETE DRIVEWAY, UH, WITH THE DRIVEWAY EXTENDING BETWEEN THE NEW STRUCTURE AND THE PROPOSED 448 SQUARE FOOT LOT.

UH, IF YOU GO OUT TO THE SITE, UH, YOU MAY QUESTION WHETHER OR NOT THE PROPOSED STRUCTURE IS IN COMPLIANCE WITH THE ZONING ORDINANCE.

AND IN FACT, IT IS FOR ACCESSORY BUILDINGS.

UH, THEY CANNOT BE BUILT IN A RESTRICTED SIDE YARD AREA FOR THE SINGLE FAMILY EIGHT ZONING DISTRICT.

THE SIDE YARD REQUIREMENT, WHICH IS THE RESTRICTIVE AREA, IS ACTUALLY SEVEN FEET FROM THE SIDE PROPERTY LINE.

THE SITE PLAN SHOWS THE PROPOSED 448 SQUARE FOOT STRUCTURE AS BEING SEVEN FEET FROM THAT SIDE PROPERTY LINE.

IT IS ALSO SHOWN TO BE BEHIND THE FRONT PROPERTY LINE, WHICH IS ABOUT 20 OR 25 FEET.

IF PROPOSED STRUCTURE HAD BEEN IN THE REAR YARD, A ZONING ORDINANCE ESTABLISHES THE REQUIREMENT THAT IT COULD BE PLACED THREE FEET FROM THE REAR PROPERTY LINE AND THREE FEET FOR THE SIDE.

BUT THAT'S ONLY IN THE REAR.

SINCE IT'S BEING PROPOSED HERE, THE REGULATIONS IS THAT IT NOT INTRUDE IN THE RESTRICTED FRONT YARD AREA, WHICH IT DOESN'T, AND THAT IT DOES NOT INTRUDE IN THE RESTRICTED SIDE YARD AREA, WHICH AGAIN IS SEVEN FEET.

SO THIS STRUCTURE AS CONSTRUCTED IS CURRENTLY IN COMPLIANCE WITH OUR SF EIGHT ZONING REGULATIONS.

I'LL HAVE SEVERAL PHOTOS TO HELP GIVE YOU A VISUAL.

UH, AS I MENTIONED, UH, IN THE WORKSHOP MEETING, UH, THE APPLICANT IS NOT PROPOSING TO TRY TO ACCESS HIS ACCESSORY BUILDING IN THAT RESTRICTED YARD AREA.

THE PROPOSED CONCRETE DRIVEWAY INTEREST IS COMING THROUGH THE FRONT YARD AREA AND IT WILL ALLOW ACCESSIBILITY INTO THIS PORTABLE BUILDING, UM, AWAY FROM THE VIEW OF HIS NEIGHBOR AND ALSO AWAY FROM THE VIEW OF THE FRONT YARD.

A SECOND VIEW, UH, SHOWS YOU THE DISTANCE

[00:40:01]

AND IT SHOWS THE DISTANCE AWAY THAT THAT SINGLE FAMILY RESIDENTIAL HOME IS BUILT.

UH, THIS RESIDENTIAL HOME.

AS WE WILL SEE IN ADDITIONAL SH AND ADDITIONAL SLIDES, THEY HAVE SOME, UH, UM, CARGO TYPE STORAGE UNITS IN THEIR YARD.

THIS IS THE INTERIOR VIEW OF BOTH OF THE OPENINGS WITHIN THIS, UH, STRUCTURE.

UH, YOU WILL SEE IT HAS BEEN ALREADY PLACED ON A CONCRETE, UH, FOUNDATION.

UH, I HAVE, I DID INSPECT INSIDE THE FACILITY.

I AM NOT SEEING ANY CONDUIT COMING THROUGH THE FOUNDATION THAT WOULD GIVE THE INDICATION THAT HE'S TRYING TO HAVE WATER CONNECTION.

YOU KNOW, WHEN WE SEE ACCESSORY BUILDINGS, UH, LITTLE FLAGS GO UP.

IS IS THE PERSON TRYING TO DO SOME TYPE OF, UH, SECONDARY RESIDENCY? UM, RESIDENCIES ARE ONLY ALLOWED ON IN THE LARGER ZONING DISTRICTS OF THE CITY, SUCH AS THE SINGLE FAMILY COUNTRY STATE CE, UH, AND THE, UH, ESTATE TYPE PROPERTIES.

SO AN ACCESSORY BUILDING IS AUTHORIZED, BUT IT CANNOT BE UTILIZED, UH, FOR, UH, RESIDENTIAL PURPOSES.

UH, WHILE THIS IS IN THAT EARLY PHASE OF THE CONSTRUCTION, UH, THE APPLICANT WOULD BE ALLOWED IF THEY DESIRED TO COME IN WITH CONDUITS FOR ELECTRICAL LIGHTING IN THERE, THAT WOULD NOT BE A VIOLATION.

UH, DURING THE WORKSHOP, UH, ONE OF THE COMMISSIONERS QUESTIONED ME ON THE FINISHED, UM, UH, AREA OF THE, OF THE BUILDING.

THE, UH, AND I SUGGESTED YOU WILL HAVE TO TALK TO THE APPLICANT.

AND THE APPLICANT IS HERE.

THESE VIEWS ARE ACTUALLY FROM THE CUL-DE-SAC.

AGAIN, THIS IS A ONE WAY IN ONE WAY OUT, UM, PUBLIC ROAD ACE DRIVE.

AND THE DRAWING ON THE LEFT PHOTO ON THE LEFT WILL AGAIN LET YOU SEE THE CARGO CAR, UH, CONTAINERS THAT THE NEIGHBOR HAS AND THE LARGE DISTANCE, UH, FROM THOSE CARGO CONTAINERS TO THE ACCESSORY BUILDING AND ALSO FROM THE RESIDENTIAL HOMES.

ONE OF THE THINGS THAT'S ESTABLISHED IN THE ZONING, UH, REASON THEY HAVE RESTRICTED YARD, UH, YARD AREAS AS FAR THE UM, UH, ENVIRONMENTAL CONDITIONS THAT EXIST TO ALLOW AIR TO CIRCULATE AND VISIBILITY.

AND AGAIN, HE IS IN COMPLIANCE WITH THE SEVEN FOOT DISTANCE FROM THE SIDE YARD.

BUT PHYSICALLY STANDING OUT THERE, THERE'S EVEN MUCH GREATER DISTANCE, UH, BETWEEN THE NEXT NEIGHBOR.

UH, THE DRAWING ON THE RIGHT WILL SHOW THE CUL-DE-SAC AREA.

THIS VIEW IS ALSO BEING SHOWED TO SHOW YOU NOW ACROSS THE STREET, UH, THE NEIGHBOR ACROSS THE STREET DOES HAVE AN EXTENDED YARD AREA THAT IS FENCED IN.

THERE'S NO STRUCTURE ON THAT PROPERTY, BUT THIS SIDE, UH, PHOTO IS REALLY TO SHOW YOU THERE'S GONNA BE NO DEVELOPMENT ON THAT NORTH SIDE BECAUSE ENCORE HAS A LARGE RIGHT OF WAY AND TRANSMISSION LINE IN TOWERS THAT ARE GOING THROUGH THIS PROPERTY.

PHOTO ON THE LEFT IS SHOWING YOU, AGAIN, PROXIMITY OF THE NEIGHBOR TO THE NEIGHBOR CARGO CONTAINERS IN THEIR HOME, IN THEIR DRIVEWAY.

AND THEN THE ONE ON THE RIGHT JUST SHOWS YOU THE SIDE VIEW OF THE 448 SQUARE FOOT.

LOT OF THE 4 448 SQUARE FOOT ACCESSORY BUILDING.

I APOLOGIZE FOR THAT.

WITH THIS PROPOSED ACCESSORY BUILDING BEING IN COMPLIANCE WITH THE CITY'S ZONING ORDINANCE, STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO OBTAIN A PACIFIC USE PERMIT IN ORDER TO CONSTRUCT ACCESSORY BUILDING AT 1 4 9 ACE DRIVE.

THIS IS CASE NUMBER Z 15.

I THINK IT'S ACTUALLY 13, ISN'T IT? I MAY HAVE A TYPO THERE.

YEP.

15.

MY CASE NUMBER 15 15 13 DASH 23.

I APOLOGIZE FOR THAT TYPO.

UH, STAFF WILL ADDRESS ANY QUESTIONS OR CONCERNS YOU MAY HAVE WITH STATUS'S REPORT.

THANK YOU, SIR.

ANY QUESTIONS FOR MR. BURR? MR. BROOKS? MR. CAN YOU PLEASE, UM, READ THE CITY'S DEFINITION OF ACCESSORY BUILDING AND WHAT'S ALLOWED IN IT? AS FAR AS THE USE SECTION 40 POINT, ONE OF THE CITY'S ZONING ORDINANCE STATES IN A SINGLE FAMILY OR MULTIFAMILY DISTRICT.

AN ACCESSORY BUILDING IS AN SUBORDINATE OR INCIDENTAL BUILDING DETACHED FROM THE MAIN BUILDING, NOT USED FOR COMMERCIAL PURCHASES AND NOT RENTED.

SECTION 40.5 OF THE ZONING ORDINANCE ESTABLISHES THE FOLLOWING AREA REQUIREMENTS FOR ACCESSORY BUILDINGS IN RESIDENTIAL

[00:45:01]

THE SIDE YARDS NUMBER ONE FRONT YARD DETACHED ACCESSORY BUILDINGS SHALL BE PROHIBITED IN THE FRONT YARD OF THE MAIN BUILDING.

NUMBER TWO SIDE YARDS.

THERE SHALL BE A SIDE YARD, NOT LESS THAN THREE FEET FROM ANY SIDE LOT LINE OR ALLEY FOR ANY ACCESSORY BUILDING PROVIDED THAT SUCH BUILDING IS SEPARATED FROM THE MAIN BUILDING BY MINIMUM OF 10 FEET GARAGES OR CARPORTS LOCATED IN A RANGE SO AS TO ENTER FROM THE SIDE YARD SHALL HAVE A MINIMUM DISTANCE OF 20 FEET FROM THE SIDE LOT LINE ALLEY OR ALLEY EASEMENT.

LET ME MAKE A COMMENT.

THAT WAS THE REASON I WAS SAYING THAT THE APPLICANT IS NOT PROPOSING TO ACCESS HIS ACCESSORY BUILDING THROUGH THE SIDE YARD.

IF HE WAS TRYING TO COME FROM THAT SIDE OF IT, HE WOULD HAVE TO HAVE THAT DISTANCE OF 20 FEET.

BUT SINCE HE'S HIS FRONT IS FACING HIS HOME AND HE'S COMING THROUGH HIS FRONT YARD, THAT 20 FOOT REQUIREMENT IS NOT APPLICABLE TO HIM.

CARPORTS OR GARAGE IS ARRANGED TO BE ENTERED FROM THE SIDE YARD OR FACING A PUBLIC STREET SHALL HAVE A MINIMUM DISTANCE EQUAL TO THE FRONT YARD FROM THE MAIN BUILDING, WHICH IS NOT APPLICABLE HERE.

REAR YARD.

THERE SHOULD BE A REAR YARD, NOT LESS THAN THREE FEET AWAY FROM ANY LOT LINE OR ALLEY OR ALLEY EASEMENT, CARPORTS, WHICH IS NOT APPLICABLE HERE, BUT IT READS.

CARPORTS SHALL BE DESIGNED FOR SUCH, SHALL BE DESIGNED OR USED TO SHELTER, NOT MORE THAN THREE VEHICLES.

NUMBER FIVE, ACCESSORY BUILDINGS ARE NOT PERMITTED WITHOUT A MAIN STRUCTURE.

NUMBER SIX, WHICH IS APPLICABLE HERE, NO ACCESSORY BUILDINGS SHALL EXCEED 240 SQUARE FEET.

ACCESSORY BUILDINGS OVER 240 SQUARE FEET MAY BE PERMITTED BY SUP AND SHALL MEET ALL THE REQUIREMENTS WHICH ARE SETBACKS, CONSTRUCTION, ET CETERA, SET FORTH FOR THE MAIN OR PRIMARY STRUCTURE.

SEVEN, ALL SECTION BUILDINGS SHALL NOT EXCEED ONE STORY IN HEIGHT.

EIGHT MIDDLE SECTION BUILDINGS LESS THAN 240 FEET ARE PERMITTED, BUT SHALL NOT BE USED AS ENCLOSED PARKING AREA OR GARAGES.

AND THEN THE LAST ONE IS APPLICABLE HERE.

SECTION 21.4 B TWO OF THE ZONING ORDINANCE ESTABLISHED THE SIDE YARD REQUIREMENT PROPERTIES WITHIN THE SF ZONING DISTRICT IS BEING SEVEN FEET.

AND I ASK, BECAUSE IN SOME CASES WHEN WE TALK ACCESSORY BUILDINGS, IT'S ONLY RESTRICTING RESIDENTIAL USE.

BUT IT, THAT DEFINITION SOUNDS LIKE THERE ARE A LOT OF RESTRICTIONS.

UM, COMMISSIONER BROOKS, IF I MAY CLARIFY, UM, THIS IS AN SUP, RIGHT? SO THE DEFINITION AND THE SUP THAT THEY'RE SEEKING IS FOR ACCESSORY BUILDING, 250 SQUARE FEET OR MORE.

WHAT MR. BREWER JUST, UH, PROVIDED TO YOU ARE REGULATIONS THE DEAL WITH ACCESSORY BUILDINGS.

BUT THAT'S NOT THE DEFINITION OF ACCESSORY BUILDING, THAT'S NOT THE USE THAT YOU ARE, UM, GRANTING HERE THROUGH THIS SUP.

THE SUP YOU'RE CONSIDERING IS TO ALLOW FOR THE USE OF AN ACCESSORY BUILDING, 240 SQUARE FEET OR MORE.

UH, AND THAT DEFINITION STATES A BUILDING OR STRUCTURE 240 SQUARE FEET OR GREATER THAN IS SECONDARY OR INCIDENTAL TO A MAIN BUILDING, UM, OR PRIMARY STRUCTURE AND IS NOT ALLOWED WITHOUT A MAIN OR PRIMARY STRUCTURE.

SO YOU'RE JUST DOING ONE USE FOR THAT ONE ACCESSORY BUILDING.

UM, REGULATIONS THAT APPLY AS MR. BREW MAY HAVE GIVEN TO YOU ARE, ARE THE REGULATIONS, BUT THIS IS, THIS IS THE USE.

GOT IT.

OKAY.

THANK YOU.

THAT, THAT HELPS.

THANK YOU.

SO THERE'S NO, UM, POST INSPECTIONS REQUIRED AFTER WE GRANT THE USE FOR THE ACCESSORY? YES, THEY'RE ALL, IT'S GONNA BE A PART OF HIS BUILDING PERMIT.

OKAY.

AND, UH, JUST AS OUR STAFF IS INSPECTING THE, UH, SINGLE FAMILY DETACHED STRUCTURE ITSELF, THEY'RE ALSO GONNA BE INSPECTING THE, UH, ACCESSORY BUILDING.

OKAY.

THEY HAVE TO ENSURE THAT IT'S, IT'S BUILT PER THE BUILDING CODES THAT IT APPLIED UNDER.

IT HAS TO BE SAFE.

OKAY.

THANK YOU.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS? ALRIGHT.

HEARING IS SEEING NONE.

THANK YOU, SIR.

AND WE'LL TAKE THIS OPPORTUNITY AT 7:26 PM UH, TO OPEN UP THE PUBLIC HEARING.

UH, IF THE APPLICANT IS IN ATTENDANCE, THIS WILL BE YOUR OPPORTUNITY TO COME FORWARD, ADDRESS THE COMMISSION, ANSWER QUESTIONS.

THAT'S CERTAINLY, UH, YOUR RIGHT TO DO SO, BUT YOU'RE NOT REQUIRED TO DO SO.

OR IF THERE'S ANYONE ELSE IN ATTENDANCE WHO'D LIKE TO BE HEARD, EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM.

SO IS THERE ANYONE WHO'D LIKE TO COME FORWARD AT THIS TIME, UH, TO SPEAK ON THIS AGENDA ITEM? I'LL ASK ONCE AGAIN, IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS AGENDA ITEM? ALRIGHT, HEARING IS SEEING NONE.

WE'LL TAKE THIS OPPORTUNITY AT 7:27 PM TO CLOSE THE PUBLIC HEARING.

UH, COMMISSIONERS ARE, IS THERE ANY FURTHER DISCUSSION

[00:50:01]

? OH NO, I, OKAY.