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[A. WORK SESSION AGENDA:]

[00:00:06]

GOOD EVENING, LADIES AND GENTLEMEN.

THE TIME IS NOW 6:00 PM TODAY IS TUESDAY, MARCH THE 12TH OF 2024.

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

UH, TO MY RIGHT, WE HAVE MR. BELL.

UH, MS. CAESAR, UH, TO MY LEFT WE HAVE MS. BROOKS, MR. CELL, AND MR. BERRY.

AND WE HAVE MR. BRANE AND MYSELF, MR. PUGH, WE HAVE A FULL HOUSE, UH, THIS EVENING.

SO LET'S GO AHEAD AND GET STARTED.

UH, WE'RE FIRST GOING TO, UH, CONSIDER, UH, THE MINUTES.

AND WHEN I SAY CONSIDER, UH, JUST TO, UH, SEE IF THERE'S ANY ADDITIONS, DELETIONS, MODIFICATIONS, ANYBODY WANTS TO SUGGEST, WE'LL VOTE ON IT DURING THE REGULAR SESSION.

SO COMMISSIONERS HAVE AN OPPORTUNITY TO REVIEW THE MINUTES, ANY SUGGESTIONS, MODIFICATIONS, ADDITIONS.

AND JUST FOR THE RECORD, I, I SPOKE TO MR. CARROLL OFFLINE.

THERE WERE A COUPLE OF, UH, NUMBERS THAT NEED TO BE CHANGED, NOTHING MAJOR.

AND SO HE'S ALREADY MADE THOSE CORRECTIONS, BUT ANYTHING ELSE? ALRIGHT, HEARING IN C NNN, WE'LL MOVE ON.

JUST FOR RECORD PURPOSES, THE FIRST PUBLIC HEARING KZ DASH 1,516 DASH 24, UH, THIS AGENDA ITEM HAS BEEN RESCHEDULED TO MARCH 26TH, 2024.

UH, SO THEREFORE, AND IT WAS AT THE REQUEST OF THE APPLICANT, SO THEREFORE WE'LL MOVE ON PAST THAT.

UH, SO THE NEXT ITEM, UH, FOR US TO CONSIDER IS CASE, UH, NUMBER Z DASH 15 1 7 DASH 23 IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL REGARDING A ZONING CHANGE REQUEST FROM COMMERCIAL ONE C ONE TO PLAN DEVELOPMENT WILL BASE ZONING DISTRICT OF C ONE WITH DEVIATIONS TO ALLOW FOR A MINI WAREHOUSE AND TRUCK RENTAL ON THE UNDEVELOPED SOUTHERN PORTION OF 1321 SOUTH I 35 EAST OF U-HAUL PROPERTIES.

THIS IS A RECONSIDERATION, SECOND SUBMITTAL REQUEST BY THE APPLICANT.

UH, 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, AND LAST NINE RR AND NINE RR ONE BLOCK A MEADOWS ACRES U-HAUL EDITION, AND MS ON UZI.

GOOD EVENING TO YOU.

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

GOOD EVENING.

COMMISSIONERS, YOU KNOW, WE ARE NO LONGER DOING A FULL FLEDGED, UM, POWERPOINT PRESENTATION DURING WORK SESSION.

WE ARE JUST TALKING, RIGHT? SO I'M JUST GOING TO TALK ABOUT THIS ONE.

SO THIS ONE CAME BEFORE YOU ON JANUARY, JANUARY 6TH.

OH NO, JANUARY 9TH.

IT WAS SUCH, SUCH A GLORIOUS DAY.

OH, YES, YES.

JANUARY 9TH, I'M SORRY.

THANK YOU.

.

JANUARY 9TH.

THIS, THIS ITEM CAME BEFORE YOU AND, UH, THEY ARE PROPOSING TO DEVELOP THIS PORTION, JUST THIS PORTION RIGHT HERE.

HOWEVER, THE PD IS COVERING THIS WHOLE AREA IN RED.

THE OTHER AREAS ARE ALREADY DEVELOPED FROM HERE TO HERE.

SO WHAT THEY ARE PROPOSING, THE FOUR STORY, UH, MINI WAREHOUSE IS RIGHT HERE ON THIS, ON THIS PORTION.

SO THEY CAME BEFORE YOU IN JANUARY ON JANUARY 9TH, AND YOU RECOMMENDED FOR APPROVAL.

HOWEVER, THEY WENT BEFORE CITY COUNCIL ON THE 16TH OF, UH, JANUARY, AND IT WAS DENIED.

IT WAS NOT DISCUSSED THAT MUCH AT THAT MEETING.

SO THE APPLICANT IS NOW ASKING FOR A RECONSIDERATION FOR THEM TO, THEY'RE NOT, THEY DIDN'T CHANGE ANYTHING OF WHAT CAME BEFORE YOU ON THE NINTH AND THEY WANT YOU OR BECAUSE AFTER THE DENIAL FROM CITY COUNCIL, IF THEY HAVE TO COME BACK, IT HAS TO GO THROUGH THE WHOLE NINE YARDS FROM YOU THEN TO CITY COUNCIL AGAIN.

SO THAT IS WHAT IS HAPPENING.

AND THE PROPOSAL THAT THEY WERE PROPOSING IS THIS, THIS IS THE BUILDING THAT THEY ARE PROPOSING RIGHT HERE.

IT'S GONNA BE A FOUR STORY BUILDING.

THE OTHER PROPERTIES ARE ALREADY, UH, DEVELOPED.

HOWEVER, THE PD IS GONNA COVER THE WHOLE AREA, THIS WHOLE AREA.

SO I'M NOT SURE IF YOU HAVE ANY QUESTIONS.

YES, WE HAVE.

OKAY.

HELLO.

HOW YOU DOING? GOOD EVENING.

GOOD EVENING.

A CHANGE HAS OCCURRED BECAUSE THE CITY HAS ADOPTED A NEW COMP PLAN.

I WAS WONDERING WHAT WAS GOING ON, BUT THAT'S FOR YOUR OVERSIGHT, I MEAN FOR YOUR UNDERSTANDING.

BUT THE APPLICANT WANTS TO COME BACK THROUGH IT AGAIN.

HE HAS A RIGHT.

THE ONLY WAY IT COULD HAVE BEEN DELAYED IN YEARS IF IT WAS RECOMMENDED FOR DENIAL OR PREJUDICE, BUT THAT WAS NOT DONE.

SO NO SOONER HE GETS DENIED, HE CAN COME BACK.

HE HAS PAID HIS FEE.

BUT THE DIFFERENCE THAT STAFF HAS TO TAKE THE POSITION ON IS NOW WHAT IS THE NEW COMP PLAN.

AND WHEN WE LOOK AT THE NEW COMP PLAN THAT WAS JUST RECENTLY ADOPTED, THIS DESIGNATION IS DESTINATION MIXED USE

[00:05:01]

USE YOUR MICROPHONE DESTINATION MIXED USE.

SO IN REALITY, THIS USE IS NOT IN COMPLIANCE WITH THE COMP PLAN.

SO WE AS STAFF ARE, WE HAVE TO STAY CONSISTENT WITH THE COMP PLAN AND OUR RECOMMENDATION IS TO DENIAL THIS TIME.

OKAY.

OH, OKAY.

GO AHEAD, MS. R UM, MR. BREWER, OR I'M SORRY, YOU WERE PRESENTING THIS CASE, UH, MS. RAZZI? YES, SIR.

UM, AND YOU MAY HAVE TO CONFER WITH MR. BREWER, BUT WHEN I WAS READING THIS PLAN, THE FIRST THING THAT CAME TO ME WAS THEY APPLIED FOR THIS WELL BEFORE THE COMPREHENSIVE PLAN WAS VOTED ON AND AGREED.

AND WE HAVE APPROVED IT PRIOR BASED ON STAFF'S RECOMMENDATION AND NOTHING HAS CHANGED.

AND SO FOR ME IT'S, IT'S A QUANDARY AS TO HOW TO MOVE FORWARD, UH, WITH THIS, BECAUSE JUST FROM ME SITTING BACK, I FEEL LIKE THEY SHOULD BE GRANDFATHERED IN BECAUSE THEY STARTED THIS PROCESS WELL BEFORE WE HAD VOTED ON THE COMPREHENSIVE PLAN.

DO YOU HAVE ANY THOUGHTS, SIR? ANY COMMENTS THAT YOU CAN MAKE RELATIVE TO THAT? YES.

SO YES, THEY APPLIED, BUT WHAT THEY APPLIED FOR WHAT YOU ALL APPROVED WAS PRIOR TO THE ADOPTION OF THE NEW COMPREHENSIVE PLAN.

SO NOW AS STAFF, WE CANNOT, WE ARE HERE TO UPHOLD THE POLICIES THAT HAVE BEEN PUT IN PLACE.

SO PART OF UPHOLDING THOSE POLICIES IS FOR US TO, TO RECOMMEND SOMETHING WHEN IT'S CONSISTENT WITH THE COMPREHENSIVE PLAN.

AND, UH, LIKE YOU SAID, WHAT OR YOU ALL RECOMMENDED FOR APPROVAL WAS DENIED BY THE CITY COUNCIL.

SO IF IT HAS TO, TO BE APPROVED, AGAIN, IT HAS TO GO THROUGH THE WHOLE PROCESS.

THAT'S WHY IT'S COMING BEFORE YOU.

AND IT'S ALL BECAUSE NOW THE, UH, COMPREHENSIVE PLAN WAS ADOPTED ON FEBRUARY 6TH, AND THIS WAS DENIED ON JANUARY 16TH BY THE CITY COUNCIL.

ONE FOLLOW UP, I BELIEVE YOU SAID THAT THE CITY COUNCIL DID NOT GIVE ANY PARTICULAR REASON FOR DENYING THE REQUEST.

THEY, IT WASN'T DISCUSSED.

OKAY.

IF THEY HAD SOMETHING, IT WAS NOT POINTED OUT.

OKAY.

YES.

AND DO YOU BY CHANCE KNOW IF, I DON'T KNOW WHO PRESENTED IT, WAS IT A SPLIT DECISION OR WAS IT A STRAIGHT ALL OUT, UH, DENIAL? IT WAS A STRAIGHT ALL OUT DENIAL.

OKAY.

BY ALL, ALL THE COUNSELING.

AND ANOTHER THING THAT IS HAPPENING IS THAT THE SOUTHERN, THE SOUTHERN PROPERTY, WHICH IS A CHURCH.

NO, LET, LEMME JUST INTERJECT.

'CAUSE I, I WANT, I HAD THE SAME QUESTION AND SO I, I WENT BACK TO THE MINUTES OF CITY COUNCIL FROM JANUARY 16TH AND IT FELL BY THREE FOUR VOTE.

REALLY? I'M SORRY ABOUT THAT.

I WAS, UH, IT WAS, IT WAS THREE IN FAVOR AND FOUR AGAIN, SO IT FELL.

UH, BUT IT BUT IT WASN'T LIKE A UNANIMOUS VOTE AGAINST.

CORRECT.

I I DO ALSO WANT TO ADD TO SPECIFICALLY JUST ADDRESS YOUR, ONE OF YOUR STATEMENTS AND FOR EDUCATIONAL PURPOSES, WE USE THAT TERM GRANDFATHERED, A NON-CONFORMING WHEN IT SPECIFICALLY COMES TO PROPERTY THAT HAS ALREADY HAVE A ZONING DESIGNATION PLACED ON IT.

AND IT IS NOT IN CONFORMANCE WITH THE ZONING ORDINANCE.

SO WE CAN'T USE THAT IN THIS CASE.

WE CAN'T GIVE THEM ANY TYPE OF DESIGNATION 'CAUSE WE ARE NOT TALKING ABOUT THE CURRENT USE VERSUS WHAT THE ZONING OF IT IS.

OKAY.

THANK YOU.

ONE OTHER QUESTION.

THE PEOPLE WHO ARE SEEKING THIS REQUEST, DO THEY OWN ALL OF THE OTHER U-HAUL PROPERTY? UH, THE PROPERTIES ARE OWNED BY MULTIPLE PEOPLE.

IT'S NOT JUST ONE PERSON.

OKAY.

SO THE PIECE OF PROPERTY THAT WE ARE MAKING A DECISION ON IS TOTALLY SEPARATE FROM WHAT'S ALREADY THERE IN EX, EX EXISTING.

IS THAT CORRECT? Y YES.

I THOUGHT YOU OWNS ALL OF THESE.

IT'S YOUR BUT IT'S MULTIPLE PEOPLE.

IT'S MULTIPLE PEOPLE WHO WANTS IT? THE THREE, UM, PROPERTIES HAVE THREE DIFFERENT OWNERS.

OH, THEY ALL U-HAUL, BUT THERE'S THREE DIFFERENT OWNERS THAT OWN THREE PROP DIFFERENT POPPINS.

OKAY.

BUT THEY'RE IN AGREEMENT FOR THE PD?

[00:10:01]

YES.

YOU WERE SAYING THAT THEY'RE ALL IN AGREEMENT? YES.

OKAY.

YES.

MM-HMM, .

OKAY.

BECAUSE THEY ALL HAD TO SIGN TO SAY IT'S OKAY FOR THIS PD TO GO ON.

OKAY.

MS. ELLI AND THEN MS. BROOKS, AM I TWO QUESTIONS? UH, AM I CORRECT IN RECALLING THAT FROM JANUARY THAT THERE WAS A LETTER IN SUPPORT OF THE, UH, CHANGE WHEN WE ORIGINALLY MET ON IT? YES.

THERE WAS A LETTER IN SUPPORT AND THAT PERSON SEEMS TO BE SOMEONE WHO WAS SAYING THEY, THEY WERE THE OWNER WHO SOLD IT TO THESE PEOPLE THAT ARE NOW YES.

YES, I REMEMBER THAT ONE.

YES.

YES.

OKAY.

BUT THIS TIME WE DIDN'T RECEIVE ANYTHING.

AND WAS THE COMPREHENSIVE PLAN VOTED ON AND APPROVED BY THE CITY COUNCIL PRIOR TO THIS, UH, PRIOR TO PRESENTATION OF THE JANUARY PIECE? WELL, YES.

THE COMPREHENSIVE PLAN WAS ADOPTED ON FEBRUARY 6TH AND THE DENIAL FOR THE FIRST APPLICATION WAS JANUARY 16.

AND SO THE CITY COUNCIL DENIED IT, RE DENIED IT, ANTICIPATING THAT IN FEBRUARY THEY WOULD PASS NEW RULES.

WE CAN'T SAY THAT, THAT WE WOULD MAKE THIS NON-CONFORMING.

WE CAN'T SAY THAT.

NO, BUT I CAN.

YEAH, WE CAN.

WE CAN'T, WE CERTAINLY CAN'T SAY THAT BECAUSE, SORRY, DO AND I ATTEND AT THE, AT THE COUNCIL MEETING, THEY DIDN'T EXPRESS WHY THEY WAS VOTING CERTAIN WAYS.

THEY HAD THEIR DISCUSSION THAT IT CAME DOWN TO THE VOTE AND THE VOTE RESULTED IN WHAT THE RE VOTE RESULTED IN.

SO WE TRULY CANNOT SAY THAT THEY WAS BASING IT ON ONE OR THE OTHER.

MS. BROOKS.

AND THEN MR. BELL, JUST A MATTER OF UH, ADMINISTRATIVE TIMELINE, WAS THE APPLICANT MADE AWARE THAT THE COMP PLAN WAS CHANGING THE ZONING DESIGNATION? UM, WHEN HE BROUGHT THIS FORWARD TO STAFF AND WAS MOVING THIS FORWARD COMP PLAN, EXCUSE ME, THE COMP PLAN WASN'T CHANGING THE ZONING DESIGNATION, THE COMP PLAN IS THAT VISION OR THAT PLAN OR A DIRECTION TO GO THROUGH THE PROPERTIES? FOR EXAMPLE, DO WE HAVE THE ZONING MAP HERE? I MEAN ZONING, I'M SORRY.

ALL THE PROPERTIES ARE CURRENTLY ZONED C ONE.

OKAY.

RIGHT NOW THE COMP PLAN DOES NOT CHANGE WHAT THE CURRENT ZONINGS ARE.

SO CLARIFY AGAIN, WHAT MAKES THIS NONCONFORMING? IT'S NOT, THAT'S WHAT I WAS TRYING TO CORRECT.

OKAY.

IN MY TERMINOLOGY, IF THE PROPERTY, IF THE USE ON ANY OF THOSE C ONES ARE NOT ALLOWED IN C ONE RIGHT NOW THEY DO HAVE A DESIGNATION OF NON-CONFORMING GRANDFATHER AND CAN CONTINUE UNTIL A SIX MONTHS TIME PERIOD OF ABANDONMENT OR STOPPING OF THAT USE OCCURS.

MAY I ALSO ADD THAT, UM, C ONE ALLOWS MANY WAREHOUSE BY RIGHT ZONING WISE IT'S, THAT'S WHY THEY HAVE THOSE OTHER MINI WAREHOUSE WITHOUT A PD.

BUT IN THIS PARTICULAR CASE, THAT PROPERTY AT THE AREA THAT THEY WANT TO DEVELOP, IT'S LESS THAN THREE ACRES.

SO FOR THEM TO BE ABLE TO DO, BECAUSE THEY HAVE SOME DEVIATIONS.

SO WHENEVER YOU WANT TO DEVIATE FROM THE UH, REGULATIONS, THEN YOU HAVE TO GO TO DO PD.

SO IN THIS CASE, THEY WANT TO DO PD SO THEY CAN DEVELOP THAT UH, AREA THAT REMAINS.

SO THAT WHY THEY'RE DOING A PD RIGHT NOW.

SO THEY CAN GET THE DEVIATIONS THAT THEY WANT FOR THIS PARTICULAR PROPERTY.

AND THAT'S THE REASON ALSO THEY INCORPORATED THE WHOLE AREA WITH EXISTING MEAN WAREHOUSES.

SO THEY CAN HAVE THE ACREAGE TO DO THE PD.

AGAIN, THE ZONING ORDINANCE ONLY ALLOWS DEVIATIONS FOR PDS.

PDS ARE ONLY ALLOWED IF THE PROPERTY CONSISTS OF THREE ACRES.

IF THEY WERE TO TRY TO JUST DO ON THIS LOT THAT THEY'RE TRYING TO DEVELOP, IT DOES NOT CONSIST OF THREE ACRES.

GOT IT.

SO THEY CANNOT REQUEST THE DEVIATION.

THEIR STRATEGY WAS LET'S COMBINE ALL OF OUR U-HAUL PROPERTIES TO GET ABOVE THE THREE ACRE THRESHOLD AND THEN YES, THEY COULD APPLY FOR THEIR DEVIATION REQUEST.

SO WHAT WAS DENIED WAS THEIR APPLICATION FOR A DEVIATION OF ALL OF THE LOTS THAT ARE OUTLINED IN READ.

WHAT WAS DENIED WAS THEIR REQUEST TO ESTABLISH A NEW PLAN DEVELOPMENT THAT WAS GOING TO COMBINE ALL OF THE LOTS PLUS THE ADDITIONAL LOT.

OKAY.

PLUS WITH THE DEVIATION

[00:15:01]

ON THE, I'M GONNA CALL IT THE THIRD LOT.

OKAY, THANKS.

ALRIGHT.

UH, MR. BELL, UH, MR. BREWER, IF YOU COULD REFRESH MY MEMORY, THEY, THIS APPLICANT ALREADY HAD AN APPROVED PLAN FOR THIS PROPERTY AND THEY WANTED TO CHANGE A BUILDING CONFIGURATION.

NO SIR.

THAT WAS THE STORAGE AT THE CORNER OF SOUTH HAMPTON AND PARKVILLE.

OKAY.

I, I GOT MIXED UP THEN.

I THOUGHT THIS WAS THAT RO I WANTED TO BE CLEAR THAT YOU SAID UNDER ZONE C ONE BY RIGHT.

THEY COULD ESTABLISH A UM, A STORAGE FACILITY OR WAREHOUSE FACILITY THERE.

OKAY.

YES.

IF THEY ARE NOT GOING TO ASK FOR ANY DEVIATION.

OKAY, THANK YOU.

BUT THEY ARE ASKING FOR DEVIATIONS.

SO THE ONLY WAY THEY'RE GOING TO ASK FOR THEIR PARTICULAR SITE WITH THE DEVIATIONS, THEY WOULD HAVE TO HAVE A PD.

YOU CANNOT DO A DEVIATION REQUEST IN ANY ZONING OTHER DISTRICT IN THE CITY OF DESOTO.

SO HAVE WE HAD A CONVERSATION WITH THEM RELATIVE IF THEY HAD NO DEVIATIONS BY RIGHT, THEY WOULD BE ABLE TO BUILD IT OR YES.

THAT WAS AT THE VERY BEGINNING.

THAT'S AT THE VERY BEGINNING.

THAT WAS A PART OF THE STRATEGY THAT WE GOT ASKED WHY, HOW CAN WE MAKE THIS WORK? THIS WOULD BE YOUR OPTION IF YOU WANT TO MAKE DEVIATION, THE CHOICE IS YOURS.

IT'S YOUR SALE THAT YOU WOULD HAVE TO DO TO BOTH THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION PLANNING, ZONING COMMISSION, CITY COUNCIL.

SO THAT WAS A PART OF DISCUSSIONS.

WE HAVE DRC MEETINGS AND WE BRING ALL PARTIES IN STAFF WISE TO TALK ABOUT HOW DO WE TRY TO MAKE THINGS WORK IN THE CITY OF DESOTO.

AND THAT WAS A OPPORTUNITY THAT THEY TOOK ADVANTAGE OF THAT THEY COULD GET A PD IF THEY COMBINED ALL THE PROPERTIES, WHICH IS LEGAL.

IT'S NOT ANYTHING MS. MS. SEASONED THERE, MR. BELL? YOU DON'T HAVE ONE? OKAY.

UM, DEVIATIONS, WHAT ARE THEY? BRIEFLY PLEASE.

THANK YOU.

IT'S THREE OF THEM.

NUMBER ONE IS TO ALLOW MANY WELLS AND TRAILER TRAILER PARKING BY RIGHT.

AND ONE TREE PER EVERY 40 FEET AND A CONTINUOUS ROW OF FOUR FOOT SHRUBS WITHIN A 10 FOOT LANDSCAPE BUFFER ALONG SOUTH INTERSTATE 35 EAST FOR PARTIAL SCREENING OF FUEL TRUCKS AND TRAILERS.

AND THEN THE LAST ONE IS ONE SPACE SPARE 200 STORAGE UNITS.

BECAUSE THE REQUIREMENT IS THAT UP BECAUSE THEY WANT TO PARK SOME TRAILERS, YOU KNOW, THE EURO TRAILERS AND RENTAL VEHICLES THAT THEY HAVE, THEY WANT TO PARK THEM ALONG THE, UM, BY THE SURFACE ROAD.

SO WHEN YOU HAVE THAT KIND OF STORY, WE CALL IT OPEN STORAGE AND IT REQUIRES SCREENING.

SO WE ACTUALLY WORKED WITH THEM TO SAY, OKAY, WE DON'T WANT YOU, BECAUSE THEY WERE SAYING WE NEED THIS, UH, VEHICLES TO BE FOR PEOPLE TO SEE THEM, THAT THEY HAVE THESE VEHICLES THAT CAN BE RENTED.

SO WE DON'T WANT THEM TO, TO BE SCREENED SO THAT PEOPLE WILL NOT SEE THEM.

SO WE SAID, OKAY, YOU, WE WANT YOU TO AT LEAST SCREEN THEM MAYBE HALFWAY.

THAT'S WHY AT THE FOUR FOOT SHRUBS AND ALSO FOR PARKING, THEY WERE SUPPOSED TO GIVE US UH, 14 PARKING SPACES, BUT THEY'RE GIVING US 10.

SO WE ARE LIKE, NO, IT DOESN'T, UH, GENERATE A LOT OF OUR TRAFFIC SO IT'S OKAY 10 IS REASONABLE INSTEAD OF 14.

SO WE ACTUALLY WORKED WITH THEM AS MUCH AS WE CAN TO ACCOMMODATE THIS, UH, DEVIATIONS HERE.

AND THESE DEVIATIONS, MR. BREWER, MS. BEST HAVE BEEN DISCUSSED WITH YES, THE CLIENTS WITH THE APPLICANT.

THANK YOU.

THEY ON, THEY ACTUALLY GAVE IT TO US AFTER WE TALKED TO THEM AND SAY WE CAN LIVE WITH THIS, WE CAN TAKE THIS HOWEVER, YES.

AND THEY AGREED TO THIS.

YES.

THAT'S WHY THEY GAVE US THESE ONES.

LET ME, LET ME CORRECT THE LANGUAGE.

YOUR QUESTION WAS WHAT THEY DISCUSSED WITH THE APPLICANT? YES.

THE APPLICANT BROUGHT THESE TO US.

WE LET THEM KNOW WHAT THE ZONING REGULATIONS REQUIRED WHEN WE REVIEWED THEIR SITE PLAN.

AND THESE WERE THE THREE AREAS THAT WE INFORMED THEM IS NOT IN COMPLIANCE WITH OUR ZONING ORDINANCE.

SO HOW DO YOU GET APPROVAL TO NOT COMPLY WITH THE ZONING ORDINANCE? YOU HAVE THAT OPPORTUNITY IF YOU WANNA DO A PD AND I TERMINOLOGY HERE IN THE CITY'S DEVIATION REQUEST.

THANK YOU.

ANSWERS MY QUESTION AGAIN, LET ME JUST STILL SAY YOU AS A BOARD HAVE THE AUTHORITY BY VOTE TO DECIDE WHAT YOU WANT TO DO.

WE ARE JUST GOING TO CONTINUE TO STAND OUR GROUNDS TO SUPPORT THE COMPREHENSIVE PLAN THAT WAS

[00:20:01]

APPROVED BY YOU AND THE CITY.

WE WE'RE JUST GONNA BRING THE FACTS TO YOU AND IT'S UP TO YOU TO MAKE YOUR RECOMMENDATION AND THEN ULTIMATELY THE COUNCIL TO DECIDE THEIR DIRECTION TOO.

YOU, AND THEY MAY LOOK AT THIS AND SEE, WELL IT LOOKS LIKE IT'S COMMON SENSE TO CONTINUE IT THE WAY IT'S AN L-SHAPED PROPERTY.

IT MIGHT NOT CAN GET, UM, IT MIGHT NOT HAVE THE FULL FRONTAGE ON 35.

'CAUSE AGAIN, THIS FIRST BLOCK HERE IS OWNED BY SOMEBODY ELSE.

I THINK IT'S A CHURCH THERE OR THE CHURCH IS BACK HERE.

ONE OF 'EM.

BUT THERE'S A NOTCH OUT HERE.

BUT THIS IS A TOTALLY, YOU KNOW, SEPARATE PLANET PLANTED, NOT PLANTED.

YEAH.

PLANTED LOT.

ALRIGHT, MR. OW DEAR MR. UH, .

MY LAST QUESTION IS, I JUST HAPPENED TO BE COMING BACK INTO TOWN TODAY ON INTERSTATE 35 AND I LOOKED OVER THERE AND YOU CAN SEE THE TRUCKS AND THE TRAILERS ARE PARKED THERE.

I DON'T KNOW IF THERE'S SCREENING OR WHATEVER THIS THERE'RE NOW, BUT I COULD SEE U-HAUL TRUCKS ALL OVER.

IS THE LAND THE PORTION THAT'S ALREADY DEVELOPED? DO THEY OPERATE DIFFERENTLY THAN WHAT WE'RE GETTING READY TRYING TO ESTABLISH? BECAUSE I'M, I'M WONDERING, I YOU CAN ALREADY SEE U-HAUL TRUCKS AND TRAILERS FROM THE ROAD.

THERE'S NOT, THEY SHOULDN'T BE CONCERNED ABOUT NOT BEING ABLE TO SEE THEIRS BECAUSE YOU CAN MERELY SAY, HEY, WE HAVE OTHER TRUCKS ON THE OTHER END.

COMMISSIONER RAVEN, LET ME, LEMME SAY, WHEN I FIRST JOINED THE CITY, THAT PROPERTY REALLY WASN'T BEING USED TO THE FULL EXTENT THAT IT'S BEING USED NOW THAT WE HAVE JUST TRIED TO BE COOPERATIVE WITH THEM KNOWING THAT THEY WAS COMING WITH THIS.

BUT I THINK THEY HAVE UNDERTAKEN THEMSELVES TO START BRINGING MORE TRUCKS AND MORE TRUCKS THERE.

OKAY.

OKAY.

THERE'S A TIME.

'CAUSE IN REALITY, YOU KNOW, YOU'RE NOT SUPPOSED TO BE PARKING A VEHICLE ON GRAVEL.

OKAY, MR. SHELLEY.

SO I JUST WANNA MAKE SURE THAT I UNDERSTAND WHAT'S BEFORE US IS WHETHER OR NOT TO CREATE THE OR TO RECOMMEND THE CREATION OF THE PD, NEW PD.

OKAY.

'CAUSE RIGHT NOW ALL THE PROPERTY IS ZONE C ONE, EXCUSE ME.

AND THEN THEY'LL HAVE TO COME BACK IF THE PD IS APPROVED BY THE CITY COUNCIL IN ORDER TO DISCUSS THE DEVIATIONS.

NO MA'AM.

NO.

OKAY.

SO IT'S THE DEVIATIONS ARE PART OF THIS PD REQUEST OF THE PDD.

OKAY.

OKAY.

THAT'S WHY IT IS A PACKAGE DEAL.

BUT OF COURSE YOU HAVE THE AUTHORITY TO SAY WE'RE NOT IN SUPPORT OF ALL THREE DEVIATIONS.

IT'S UP TO YOU.

BUT WHAT WE'VE DISCUSSED WITH THE APPLICANT, HE'S IDENTIFIED BY HIS SITE PLAN, THIS IS WHAT HE NEEDS AND HOPEFULLY THEY'LL BE HERE AT TONIGHT'S MEETING IF YOU NEED TO GO INTO ANY OTHER DETAIL.

BUT IT'S A PACKAGE DEAL THAT THEY WANTED A PD IN ORDER TO HAVE ALL THREE OF THEIR DEVIATION REQUESTS THAT ARE RIGHT NOW WOULD BE IN CONFLICT WITH OUR ZONING AUDITS.

AND ALSO, WHENEVER, WHENEVER YOU'RE DOING A PD, IT'S NOT, IT'S A PD THAT IS COMING WITH THIS DEVELOPMENT.

IT'S NOT JUST PUTTING A PD, IT'S ASSOCIATED WITH ALL THIS.

SO YOU CANNOT JUST SAY, WE ARE JUST PUTTING A PD.

YOU HAVE TO BE LOOKING AT THE WHOLE PACKET, THE DESIGN AND WHAT THEY'RE PROPOSING ON THE SIDE TO SAY IT'S OKAY OR IT'S NOT.

OKAY.

OKAY.

THANK YOU MS. CAESAR.

DEAR MR. BELL.

SO, SO AT PRESENT, THE C ONE, THEY'RE ASKING FOR DEVIATIONS TO GO INTO A PD, BUT IF WE'RE NOT IN COMPLIANCE OR IN AGREEMENT WITH THE DEVIATIONS, YOU SAID IT'S A PACKAGE DEAL.

SO THAT MEANS THAT THE PD WITH THE DEVIATIONS WOULD BE DENIED.

OKAY.

IF I HEARD YOU CORRECTLY, THE C ONE DOES NOT CARRY ANY DEVIATION.

DOES NOT ALLOW DEVIATIONS.

SO LET, LET ME, LET ME INTERJECT THAT.

WITH THAT BEING SAID, IF WE DENY IT AS WRITTEN, WOULD THEY HAVE TO THEN MAKE THE NECESSARY CHANGES IN THIS DEVELOPMENT? YES.

BUT THEY WOULD HAVE TO TO DETERMINE 10 FOOT IF THAT LOT WOULD, COULD BE DEVELOPED THAT WAY.

YEAH.

THE TREES AND THE PARKING, YES.

OKAY.

EXCELLENT.

THANK YOU.

YES.

I THINK COMMISSIONER CAESAR ASKED MY QUESTION IN A DIFFERENT WAY.

MY QUESTION IS, IF WE APPROVED THIS PD AND IT GOT APPROVED BY THE CITY, IT WOULD HAVE THE EFFECT OF ENCOMPASSING

[00:25:01]

THE ENTIRE DEVELOPMENT.

SO IF WE SAID IT'S OKAY FOR TRUCKS TO BE SEEN ON THIS PIECE, THAT'S GONNA RETROACTIVELY CHANGE WHAT THE EXISTING IS, IS THAT RIGHT? I DON'T THINK SO.

IT'LL ALL BE UNDER A PD.

SO IT'S, IT SEEMS LIKE IT WOULDN'T, IT THE PD IS FOR THEM TO BE ABLE TO, TO GET THE PD SO THEY CAN DEVELOP THIS PORTION THAT IS NOT DEVELOPED, BUT IT WOULD APPLY TO THE WHOLE DEVELOPMENT.

NO, THE WHAT IS A, WHAT IS BEING REQUESTED IS JUST FOR THE SOUTHERN PORTION BECAUSE THE REST IS ALREADY DEVELOPED.

IF SO THEIR SITE PLAN IS ACTUALLY JUST FOR THAT SOUTHERN PORTION.

IT'S NOT FOR THE WHOLE PROPERTY.

I UNDERSTAND THAT, BUT THEY'RE COMBINING THAT LAST PIECE WITH THE OTHERS, AREN'T THEY? FOR THE PD? YES.

ALRIGHT, SO THEN IT WOULD APPLY TO THE WHOLE THING.

CAN I MAKE A COMMENT? GO, GO AHEAD.

JUST I, JUST TO KIND OF GATHER ALL THIS UP, THIS IS THE PLAN DEVELOPMENT.

THIS IS WHAT WE DO, YOU KNOW, TWICE A MONTH, YOU KNOW, WE, WE LOOK AT THESE PLAN DEVELOPMENTS.

THEY WANT SOMETHING WITH A BASE ZONING, BUT THERE'S SOMETHING IN THEIR LITTLE PLAN THAT DOESN'T WORK AND THEY HAVE TO GET SPECIAL ZONING CLASSIFICATION THAT'S DONE THROUGH A PD.

THAT'S WHAT WE'RE DOING TONIGHT.

THIS IS ZONED COMMERCIAL ONE.

HOWEVER, THE WAY THEY HAVE THEIR SITE PLAN LAID OUT, UH, IT DOES NOT COMPLY PRIMARILY WITH THE PARKING REQUIREMENT.

SO THEIR MAIN DEVIATION REALLY IS THAT THEY'RE JUST GONNA HAVE TO HAVE LESS PARKING REGULATIONS, UM, OR LESS PARKING SPOTS.

THE PARKING REGULATIONS ARE DIFFERENT.

THAT'S ESSENTIALLY THE MAIN DIFFERENCE IN THIS PLAN DEVELOPMENT.

EVERY PLAN DEVELOPMENT HAS A BASE ZONING.

BASE ZONING FOR THOSE ONE'S GONNA BE C ONE.

IT ALREADY IS C ONE.

UM, IT'S GOING TO APPLY TO THE WHOLE PD.

THERE IS A SITE PLAN IN THE ORDINANCE FOR THE WHOLE PD THAT THEY HAVE TO COMPLY WITH.

UM, THE OTHER THING THAT THE THING DOES IS THE TWO USES THAT THEY'RE REQUESTING FOR THIS PORTION OF THE LOT ARE MINI STORAGE AND, AND UH, TRUCK RENTAL.

THOSE ARE NOT ALLOWED BY WRIGHT.

THOSE ARE ALLOWED BY SUP.

THIS ORDINANCE ALSO MAKES THOSE ALLOWED BY WRIGHT, WHERE THEY DON'T HAVE TO COME BACK AND GET AN SUP.

I DON'T KNOW IF ANY OF THE OTHER LOTS ALREADY HAVE AN SUP ON IT OR NOT.

UM, I JUST KNOW WHAT, WHAT THIS PDS GONNA HAVE IN IT.

UM, AND THAT'S GONNA ALREADY INCLUDE THAT SUP.

SO THEY THEORETICALLY COULDN'T JUST GO IN AND PUT IN MINI WAREHOUSE AND, AND TRUCK RENTAL IF THIS GETS DENIED AGAIN, BECAUSE THAT DOES REQUIRE AN SUP.

I CAN'T SPEAK TO WHETHER ANY OF THESE LOTS ALREADY HAVE AN SUP OR NOT.

I DIDN'T, THAT'S JUST NOT MY AREA.

UM, BUT THAT'S WHAT THIS IS GONNA DO.

REMEMBER THE SUP IS JUST TO SAY THIS CAN BE USED FOR THIS AS WELL.

THERE'S NOT REALLY DEVIATIONS WITH AN SUP, IT'S JUST YOU'RE ADDING ANOTHER USE.

UM, THAT OUR LITTLE USE TABLE SAYS WE CAN ALSO DO THIS.

IT JUST HAS TO COME FOR APPROVAL FIRST.

UM, BUT THIS PD IS JUST LIKE ANY OTHER PD.

THEY'RE JUST ASKING FOR A COUPLE DEVIATIONS, PRIMARILY THE PARKING SOMETHING, YOU KNOW, WITH A LITTLE LANDSCAPING DIFFERENCE.

UM, BUT IT, THE PD IS REZONING THOSE ENTIRE FOUR LOTS.

UM, THERE'S JUST, AND IT'S NOT CHANGING THE BASE ZONING.

THE BASE ZONING IS GONNA STAY THE SAME BECAUSE THAT'S COMPLIES WITH THEY WHAT THEY WANT TO DO BECAUSE THAT'S WHAT'S ALREADY THERE.

SO I HOPE THAT KIND OF SUMS UP SOME, A LITTLE BIT.

COMMISSIONER BE, BUT LET ALSO SAY THE SITE PLAN IS GONNA BE A PART OF THE PD ORDINANCE AND THIS SITE PLAN IS ONLY SHOWING PARKING STALLS THAT ARE TO BE USED FOR TRUCK DISPLAY IN THIS SECTION OF THE PROPERTY.

THOSE TRUCK PARKING STALLS DO NOT EXIST IN ANY OF THE OTHER TRACKS THAT THEY HAVE.

SO THEY'RE NOT, THEY SHOULD NOT BE STORING THEIR UNITS FOR LEASING OTHER THAN IN THIS PARKING THAT THEY'RE SHOWING HERE.

OKAY? SO THEY COULDN'T JUST DECIDE WHERE THE TRUCK ON THE OTHER SIDE SAYS THEY GOT, THEY WOULD'VE TO COME BACK AND AMEND THE SITE PLAN.

SITE PLAN IS BECOMING THE, THE GUIDING DOCUMENT FOR THIS PROPERTY.

BUT THERE'S THE OTHER PROPERTY, UH, WHAT CALEB WAS TALKING ABOUT.

THERE ARE NO SUVS ON THIS PROPERTY.

IT IS ALL ZONED C ONE THAT IS ALLOWING IT ALLOWED, UM, WHICH ALLOWED THEM TO PUT, THEY CAME BACK TO YOU AND ACTUALLY DO THESE TWO SKINNY STRIPS OF LAND.

WELL THEY'RE NOT TOO SKINNY, SKINNY, BUT RECTANGULAR LAND.

THEY, IT'S COMBINED BY A PLAT

[00:30:01]

THAT THEY CAME BACK TO YOU AND COMBINED THAT PROPERTY IN ORDER TO ALLOW THEM TO DO WHAT THEY NEEDED TO DO THERE.

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

WE'LL GO ON TO OUR NEXT AGENDA ITEM, UH, WHICH IS CONSIDER APPROVAL OF THE FINAL PLAT OF ACE CONTRERA ADDITIONS LOT ONE BLOCK A THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED.

14.1 IN THE WILLIAM A FORGE SURVEY ABSTRACT 4 64, UH, 149 EIGHTH DRIVE.

THE APPLICANT IS STEVEN CETO OF WINDROSE LAND SERVICE AND THE OWNER IS OSCAR CONTRERAS.

THIS IS CASE NUMBER FP DASH 1250 DASH 24.

AND MS. JORDAN WILLIAMS. GOOD EVENING.

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

OKAY, FP DASH 1 25 DASH 24 IS A REQUEST TO CREATE ONE PLA RESIDENTIAL LIFE.

DO YOU HAVE ANY QUESTIONS FOR STAFF? THANK WELL COMMISSIONERS.

I KNOW WE'RE NOT USED TO SUCH A SHORT REPORT, BUT THANK YOU VERY MUCH MR. RAVEN WILL GO HERE.

UH, YES.

GOOD EVENING MS. WILLIAMS. UM, GOOD EVENING, SIR.

WHEN I WAS LOOKING AT, UH, THE PLAT, IT APPEARS THAT ONCE THE, UH, BOUNDARIES ARE DRAWN, THERE'S AN ENCROACHMENT OF THE OTHER PROPERTY INTO, UH, THE PLAT.

AND I WAS WONDERING, DOES THE PERSON THAT IS SEEKING THIS PLATTING, DO THEY OWN BOTH PROPERTIES OR ARE THEY ONLY, ONLY THE PROPERTY THAT THEY'RE PLATTING? NO, SIR.

THEY ONLY OWN THE PROPERTY THAT IS BEING PLATTED AT THIS, THAT I KNOW OF.

OKAY.

SO I KNOW IT PROBABLY DOESN'T MATTER TO US THE FACT THAT IF THE OTHER PROPERTY IS ENCROACHING ON THEIR, THEIR PROPERTY, BUT IT'S JUST IT, UH, I JUST NOTICED THAT COMMISSIONER RATTLE USING THE WORD ENCROACHING BECAUSE IT'S COMING INTO THEIR LINE, THEIR PROPERTY, THESE LOTS ARE ZONED SF EIGHT, WHICH MEANS BY ZONING ORDINANCE THEY HAVE A MINIMUM LOT SIZE OF 8,000 SQUARE FEET.

THEY HAVE FRONT SIDE REAR YARD REQUIREMENTS.

YOU ARE NOT ENCROACHING ON ANOTHER PROPERTY IF YOU ARE MEETING THE YARD REQUIREMENTS OF THE REGULATION.

THIS LOT I THINK IS OVER 1900, 19,000 SQUARE, 19,000 SQUARE FEET.

SO IT'S EXCEEDING, BUT HE STILL HAS THE SAME SIDE FRONT REAR YARD REGULATIONS.

IF YOU RECALL, THIS IS THE PROPERTY THAT CAME BEFORE YOU FOR THE SUP BECAUSE THEY HAD AN ACCESSORY BUILDING THAT THEY WAS TRYING TO BUILD.

AND WHILE IT LOOKED FUNNY, THEY MET THE REQUIREMENT BECAUSE FOR AN SF EIGHT, THE SIDE YARD REQUIREMENT IS SEVEN FEET.

WHERE THIS IS COMING TO YOU BEFORE WAS A MISS BY STAFF.

UH, WE SHOULD NOT HAVE ALLOWED A BUILDING PERMIT TO BE ISSUED WITHOUT THE PROPERTY BEING PLANTED.

BUT ONCE OTHER PEOPLE IN OUR DEPARTMENT GOT THEIR EYES ON IT AND WAS LOOKING AT THE SUP, THE CARD GOT RAISED, HOW COULD THEY HAVE BEEN ISSUED A BUILDING PERMIT? IF IT'S STILL AN ABSTRACT IN A SURVEY? DO I NEED TO GO FURTHER? IT NEEDED TO BE, IT HAS TO BE PLATTED IN ORDER FOR YOU TO BUILD ON PROPERTY.

OKAY.

AND MR. BREW, JUST FOR CLARIFICATION, I WASN'T SAYING THE APPLICANT IS ENCROACHING ON THE OTHER PERSON'S PROPERTY, BUT IT APPEARS THAT THE OTHER PERSON'S BUILDING WOULD BE IN THEIR, THEIR PROPERTY.

THE OTHER PERSON'S PROPERTY IS ON THEIR PROPERTY.

THE OTHER PERSON, UH, WE'RE GONNA SAY TO THE EAST.

NOW, YOU KNOW, THIS LINE MAY BE DRAWN A LITTLE OFF.

UH, 'CAUSE THIS IS NOT A, A, UH, LICENSE SURVEYOR TYPE DRAWING.

WE TAKE THIS OFF A CAD TO CREATE IT, BUT THE, THE, THE, THE HOME NEXT TO THE PROPERTY IS MEETING THEIR REQUIREMENTS FOR AN SF EIGHT WITH THE SEVEN FOOT SIDE YARD REQUIREMENT.

SO, SO LET ME ASK YOU A QUESTION.

IF WE'RE LOOKING AT THIS, THERE IS A BLACK LINE THAT APPEARS SOMEWHAT TO BE THE PROPERTY LINE AND THEN THERE'S THE RED OUTLINE, UH, AROUND THE PROPERTY IN QUESTION AND THAT RED LINE GOES ACROSS THE ROOF LINE.

PLEASE, PLEASE DON'T LOOK AT THIS AS AN ENGINEERING DRAWING.

THIS IS A DALLAS CENTRAL APPRAISAL DISTRICT HELICOPTER VIEW AND OUR RED LINE IS OUR GIS TRYING

[00:35:01]

TO GIVE A LITTLE FRAMEWORK OF BOUNDARIES.

SO THIS IS NOT SHOWING THE EXACT PROPERTY LINES BETWEEN PROPERTY LINES.

OKAY? BUT THEY ARE MEETING ALL THE REQUIREMENTS OF A ZONING ORDINANCE.

IT WAS UH, PREPARED BY LICENSED SURVEYOR.

THIS IS SF EIGHT.

IT IS MEETING THE FRONT SIDE AND REAR UH, REQUIREMENTS AND IT'S JUST REALLY GETTING THAT DESIGNATED LOT AND BLOCK, WHICH IS HOW PROPERTY IS PLANTED.

THANK.

THANK YOU COMMISSIONERS.

ANY OTHER QUESTIONS? ALRIGHT, HEARING AND SEEING NONE, DO WE HAVE A VOLUNTEER FOR THE PLEDGE THIS EVENING? MR. BELL? THANK YOU VERY MUCH.

UH, COMMISSIONERS, IS THERE ANYTHING ELSE WE NEED TO DISCUSS BEFORE WE CLOSE OUT THE WORK SESSION STAFF? IS THERE ANYTHING ELSE WE NEED TO DISCUSS? NO SIR.

ALRIGHT, WITH THAT BEING SAID, IT'S 6 35 ACTUALLY NOW 6 36.

WE WILL CLOSE THE WORK SESSION NOW AND ADJOURN UNTIL 7:00 PM WE'LL START THE REGULAR SESSION.

THANK YOU.

[C. REGULAR SESSION - CALL TO ORDER]

GOOD EVENING LADIES AND GENTLEMEN.

THE TIME IS NOW 7:00 PM WE'D LIKE TO CALL THIS MEETING THE REGULAR MEETING OF THE DESOTO PLANNING AND ZONING COMMISSION TO ORDER.

UH, TODAY IS TUESDAY, MARCH 12TH, 2024.

THE FIRST ORDER

[B. PLEDGE OF ALLEGIANCE]

OF BUSINESS IS THE PLEASURE OF ALLEGIANCE WE, WHICH WILL BE LED BY COMMISSIONER BELL.

I PLEDGE ALLEGIANCE 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 FOR THE RECORD, WE DO HAVE ALL SEVEN MEMBERS OF THE COMMISSION IN ATTENDANCE.

SO WE DO HAVE A QUORUM.

UH, THE

[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.]

FIRST ITEM ON THE AGENDA IS CONSIDER APPROVAL OF THE MINUTES OF THE P ZONING REGULAR MEETING OF FEBRUARY 13TH, 2024.

COMMISSIONERS HAVEN'T HAD AN OPPORTUNITY TO REVIEW THOSE MINUTES.

ARE THERE ANY SUGGESTED, UH, SUGGESTED DELETIONS, ADDITIONS, OR MODIFICATION TO THE MINUTES? HEARING IS SEEING NONE.

IS THERE A MOTION? SO MOVED.

SECOND.

IT IS BEEN MOVED BY SMITH CAESAR FOR APPROVAL OF THE MENACE FROM FEBRUARY 13TH, 2024.

SECONDED BY COMMISSIONER BROOKS, ANY UNREADINESS? ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.

A AYE.

THOSE OPPOSED DO THE SAME AS SAY NAY.

THE AYES HAVE IT.

SEVEN ZERO.

[1. Conduct a Public Hearing and consider a Specific Use Permit (SUP) to allow for the construction of a Wedding, Banquet, & Party Facility (Indoor/Outdoor) and associated parking spaces. The property is located at 460 Seahawk Drive and consists of 0.041 acres of land. The applicant and property owner is Wendell Lockhart. (Case Z-1516-24) (This agenda item has been rescheduled to the March 26, 2024 Planning and Zoning meeting at the request of the applicant).]

JUST FOR THE RECORD UNDER PUBLIC HEARING E ONE, WHICH IS CASE Z DASH 1,516 DASH 24, UH, THIS AGENDA ITEM HAS BEEN RESCHEDULED TO MARCH 26TH, 2024, UH, TO THAT PARTICULAR MEETING BY THE REQUEST OF THE APPLICANT.

SO WE WILL NOT BE CONSIDERING CASE Z DASH 1516 DASH 24 UH, TONIGHT.

UH, BEFORE WE GET INTO THE PUBLIC HEARING THAT WE WILL CONSIDER, I WILL JUST REMIND EVERYONE, UH, TO MY LEFT, YOUR RIGHT IS MR. TRENT CARROLL.

IF YOU'D LIKE TO BE HEARD ON, UH, THIS PARTICULAR PUBLIC HEARING COMING UP, WE'D APPRECIATE IT IF YOU FILL OUT A COMMENT CARD WITH HIM AND IF YOU'LL TURN THAT IN AND WE WILL, UH, LET YOU SPEAK AT THE APPROPRIATE TIME.

WITH THAT BEING SAID, UH, THE NEXT

[2. 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. (This is a reconsideration/2nd submittal request by the applicant.) 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 and Lots 9RR and 9RR.1, Block A, Meadow Acres/U-Haul Addition. (Case No. Z-1517-23)]

PUBLIC HEARING IS CASE NUMBER Z DASH 15 SEVEN DASH 23.

IT'S CONDUCTED 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 ZONE DISTRICT OF C ONE WITH DEVIATIONS TO ALLOW FOR MANY WAREHOUSE AND TRUCK RENTAL ON THE UNDEVELOPED SOUTHERN PORTION.

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

THIS IS IS A RECONSIDERATION SECOND SUBMITTAL REQUEST BY THE APPLICANT.

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 1129 AND LOTS NINE RR AND IRR ONE BLOCK A MEADOWS ACRE U-HAUL EDITION.

AND AGAIN, THIS IS CASE NUMBER Z DASH 15 1 7 DASH 23.

GOOD EVENING MS. RAZZI.

MAY WE HAVE OUR STAFF REPORT PLEASE? YES.

GOOD EVENING COMMISSIONERS.

GOOD EVENING.

CASE NUMBER Z 15 17 24 IS A NEW PLAN DEVELOPMENT RECONSIDERATION 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 ZONED COMMERCIAL ONE.

IT IS LOCATED ON THE WEST SIDE OF INTERSTATE 35 EAST.

THE WHOLE PROPERTY CONSISTS OF 6.33 ACRES OF LAND AND THE AREA TO BE DEVELOPED IS ABOUT 1.6 ACRES.

THIS IS THE AREA OF VIEW OF THE PROPERTY AND THE PROPERTY THAT WE ARE

[00:40:01]

TALKING ABOUT IS THE ONE THAT IS OUTLINED IN RED.

THE SUBJECT SITE IS CURRENTLY VACANT PORTION OF THE EXISTING EURO PROPERTIES TO THE NORTHEAST.

THE EXISTING EURO PROPERTIES ZONED COMMERCIAL ONE TO THE SOUTHEAST, A CHURCH ZONED COMMERCIAL ONE TO THE WEST ARE VACANT PROPERTIES AND HOMES ZONED COMMERCIAL ONE TO THE EAST IS INTERSTATE 35 EAST.

THE FUTURE END USE PLAN OF THE NEWLY ADOPTED 2024 COMPREHENSIVE PLAN IDENTIFIES THIS SITE AS SUITABLE FOR DESTINATION MIXED USES AND THE PROPOSED STORAGE FACILITY IS NOT CONSISTENT WITH THE FUTURE END USE PLAN OF THE 2024 COMPREHENSIVE PLAN.

THE PROPERTY IS ACCESSED FROM INTERSTATE 35 EAST SURFACE ROAD AND IN INTERSTATE 35 EAST IS A PRIMARY HIGHWAY ON THE EASTERN BORDER OF THE CITY.

THE APPLICANT IS REQUESTING A NEW PD WITH COMMERCIAL ONE IS THE BEST ZONING TO BUILD A FOUR STORY BUILDING AND REGULAR AND RE AND REGULAR PARKING FOR TRUCK AND SORRY, AND FOUR FOUR STORY BUILDING AS WELL AS UM, TRUCK PARKING SPACES.

THE APPLICANT IS REQUESTING A PD WITH COMMERCIAL ONE IS BASED ONLY WITH THE FOLLOWING STIPULATION NUMBER ONE TO ALLOW MANY WAREHOUSES AND TRUCK AND TRAILER RENTAL BY RIGHT NUMBER TWO TO HAVE ONE TREE PAY EVERY 40 FEET AND A A CONTINUOUS ROW OF FOUR FOOT SHRUBS WITHIN THE 10 FEET LANDSCAPE BUFFER ALONG SOUTH INTERSTATE 35 FOR PARTIAL SCREENING OF THE EURO TRUCKS AND TRAILERS.

ONE PARKING SPACE PER EVERY 200 STORAGE UNITS, THE APPLICANT IS PROVIDING 10 OF THE REQUIRED 14 PARKING SPACES.

THEY'RE ALSO PROVIDING A SIX FOOT FENCE ALONG THE SOUTHERN PROPERTY LINE.

THE FUTURE END USE OF THE NEW LAW ADOPTED 2024 COMPREHENSIVE PLAN IDENTIFIES THIS SITE IS SUITABLE FOR DESTINATION MIXED USES AND DESTINATION.

MIXED USES INCLUDE RESIDENTIAL AND COMMERCIAL USES, OPEN SPACE AND A VARIETY OF AMENITIES TO CREATE A DESTINATION AREA.

MEAN WAREHOUSES ARE NOT IDEAL FOR PROPERTIES THAT ARE DEEMED DESTINATION, MIXED USES AND ALONG THE CITY'S MAIN HIGHWAY.

THEREFORE, STAFF IS NOT IN FAVOR OF THE APPLICANT'S REQUEST TO DEVELOP MEAN WAREHOUSE TRAILER AND TRUCK RENTAL AT THIS LOCATION.

THIS IS THE PROPOSED SITE PLAN AND THE AREA TO BE DEVELOPED IS THE SOUTHERN PORTION, THE REMAIN THE REST OF THESE PROPERTIES ALREADY DEVELOPED.

HOWEVER, FOR THE PD, THE PDS ARE LOOKING AT THE WHOLE 6.33 ACRES.

THE ONLY AREA THAT THEY'RE GOING TO BUILD AT THIS TIME THAT IS NOT BUILT IS THE SOUTHERN PORTION WHERE THEY ARE PROPOSING THE FOUR STORY BUILDING.

THIS IS THE PROPOSED LANDSCAPE PLAN.

THIS IS THE EFFICIEN PLAN.

ANOTHER PAGE OF THE EFFICIEN PLAN AND STAFF RECOMMENDS THAT THE COMMISSION MAKE A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL OF THE NEW PD RECONSIDERATION REQUEST THEY SUBMITTED.

AND IT'S ALL BECAUSE IT'S IN CONFLICT WITH THE NEWLY ADOPTED 24 20 24 COMPREHENSIVE PLAN.

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

THE APPLICANT IS ALSO AVAILABLE SHOULD YOU NEED SOME QUESTIONS TO BE ANSWERED BY THE APPLICANT.

THANK YOU MS. MU AZI.

UH, COMMISSIONERS ARE THERE ANY QUESTIONS FOR STAFF? OKAY, HEARING IS SEEING NONE.

THANK YOU MA'AM.

LADIES AND GENTLEMEN, THE TIME IS NOW 7:07 PM WE WILL NOW TAKE THIS OPPORTUNITY TO OPEN THE PUBLIC HEARING AT THIS TIME, UH, WE'VE BEEN INFORMED THAT THE APPLICANT IS HERE.

YOU SIR, ARE NOT REQUIRED TO COME BEFORE US, BUT CERTAINLY THIS IS AN OPPORTUNITY FOR YOU TO ADDRESS THE COMMISSION.

UH, BUT YOU ALSO SUBJECT YOURSELF TO ANY QUESTIONS WE MIGHT HAVE.

SO IF YOU WANNA COME FORWARD THIS AT THIS TIME, PLEASE DO SO.

PLEASE STATE YOUR NAME AND CITY OF RESIDENCE.

UH, TURN ON YOUR MIC AND YOU'LL SEE THE RED LIGHT AND YOU CAN MAKE ANY OPENING STATEMENT THAT YOU HAVE OR YOU CAN JUST SIMPLY SUBJECT YOURSELF TO QUESTIONS.

GOOD EVENING EVERYBODY.

MY NAME'S SEAN SHANKLIN, UH, DALLAS, TEXAS RESIDENT.

UM, I'M WITH KIMLEY HORN, THE CIVIL ENGINEER ON THE PROJECT, UH, REPRESENTING THE OWNER U-HAUL.

UM, BUT WORKING WITH BESTER ON THIS FOR A LITTLE BIT.

UM, JUST WANTED TO BE HERE TO ANSWER ANY QUESTIONS THAT Y'ALL MIGHT HAVE REGARDING THIS PD, UM, AND WHY WE'RE COMING TO REC.

UM, RECOMMENDED IT AGAIN, UM, AND WHAT HAPPENED KIND OF AT CITY COUNCIL.

UM, SO WE ARE HERE A COUPLE MONTHS AGO AT PNZ AND GOT

[00:45:01]

APPROVED AND WENT TO CITY COUNCIL AND UM, THERE WAS NO QUESTIONS ASKED REGARDING THIS.

AND KINDA AFTER THE MEETING WE WERE ABLE TO MEET WITH COUNCILWOMAN RAPHAEL AND DISCUSS KIND OF WHAT HAPPENED, WHAT CAN WE DO.

UM, SO THERE'S A LITTLE BIT CONFUSION ON WHAT EXACTLY SHE THOUGHT WE WERE DEVELOPING.

SO SHE KIND OF THOUGHT WE WERE DEVELOPING THE ONLY, THE NORTHERN PORTION OF THE LOT.

UM, 'CAUSE IT IS 6.33 ACRES.

UM, AND SHE THOUGHT THAT NORTHERN PORTION IS WHAT WE WERE DEVELOPING.

HOWEVER, WHEN WE EXPLAINED TO HER THAT WAS ALREADY BUILT BECAUSE THE THREE LOTS IN FRONT OF US ARE ALL EXISTING U-HAUL FACILITIES AND U-HAUL HAS OWNED THIS PROPERTY FOR A WHILE.

WE EXPLAINED TO HER THAT WE'RE JUST OWNING OR WE'RE JUST DEVELOPING THE ROUGHLY THE 1.8 ACRES, UM, ON THE SOUTHERN PORTION.

SHE ALSO ASKED US TO KIND OF DO A LITTLE BIT MORE OUTREACH TO THE CHURCH TO THE SOUTH WHERE WE'RE PROVIDING THAT SIX FOOT WOOD FENCE PRIVACY FENCE.

UM, SO WE WERE ABLE TO TALK TO THE CHURCH, MEET WITH THE CHURCH, UM, WE ACTUALLY GOT A LETTER OF SUPPORT FROM THEM AS WELL AS THE NEIGHBOR.

UM, KIND OF THAT BUMP OUT ON THE WEST SIDE.

WE HAVE ANOTHER LETTER OF SUPPORT FROM THEM AS WELL.

UM, AND THEN THE CHURCH, WE ACTUALLY, ONCE WE DISCUSSED WITH THEM, THEY ARE ACTUALLY, UM, THE PROPERTY'S UP FOR SALE AND THE CHURCH IS NO LONGER OCCUPIED.

UM, IT WAS MY FIRST UNDERSTANDING THAT THIS WAS RECOMMENDED FOR DENIAL.

I THOUGHT WE WERE, WE WERE IN GOOD STANDING WITH THIS.

UH, WE MET WITH COUNCILWOMAN RAPHAEL TWO OR THREE WEEKS AGO TO DISCUSS EVERYTHING, UM, ABOUT THIS PROPERTY AND KIND OF ANYTHING ELSE SHE NEEDS, LANDSCAPING IMPROVEMENTS, UM, ET CETERA.

AND SO, UH, THAT MEETING WENT GOOD.

WE HAVE A PRESENTATION PREPARED FOR COUNCIL THAT WE WANT TO PRESENT AND KIND OF GET PRESENT ACTUALLY WHAT WE WERE DEVELOPING AND, AND UM, KIND OF CLEAR UP THE CONFUSION OF WHAT HAPPENED LAST TIME AT CITY COUNCIL.

UM, IF THERE'S ANY QUESTIONS, PLEASE LEMME KNOW.

THANK, THANK Y'ALL FOR YOUR TIME.

ALRIGHT, THANKS SIR.

MR. RAVENEL, GO AHEAD.

YES, WITH THE NEW COMPREHENSIVE PLAN THAT IS IN PLACE NOW, STAFF IS MAKING A RECOMMENDATION FOR DENIAL.

MM-HMM.

, IS IT POSSIBLE FOR YOU TO DEVELOP THE 1.6 ACRES AND WITHOUT THE DEVIATIONS? UM, I THINK THE DEVIATIONS WE MAINLY REQUIRING IS FOR THE FOUR STORY BUILDING FOR THE MINI WAREHOUSE.

UM, KIND OF, YOU KNOW, IT'S YOUR INDOOR FOUR STORIES.

PRIVATE WAREHOUSE AS WELL AS A FEW OF THE PARKING, I BELIEVE THE PARKING, THE DEVIATION WE COULD PROVIDE THERE.

THERE MIGHT BE A LITTLE BIT ROOM FOR THAT.

UM, HOWEVER, I THINK IT'S MAINLY THE LITTLE BIT OF THE LANDSCAPE AND THEN THE UH, THE FOUR STORY BUILDING ON THAT.

OKAY.

SO YOU ARE WILLING TO WORK WITH STAFF OR IF IT GOES TO CITY COUNCIL AND GETS DENIED TO TRY TO MAKE IT WORK TO FIT WITHIN COMMERCIAL ONE, CORRECT? CORRECT.

WE'LL TRY TO WORK IN WHAT, WHAT WE CAN MOVE AROUND AND, AND WORK WITH STAFF.

ALRIGHT, THANK YOU MR. BELL.

HELLO SIR.

UH, DID COUNCILWOMAN RAFAEL MAKE ANY SUGGESTIONS FOR CHANGES TO YOU WHEN YOU HAD YOUR MEETING? SHE DID NOT.

UM, SHE KIND OF, WE EXPLAINED TO EVERYTHING AND WE EXPLAINED TO HER, UM, SHE MAINLY WAS WOR UH, TALKING ABOUT THE SIX FOOT FENCE ALONG THAT CHURCH PROPERTY LINE.

UM, AND SO KIND OF PART OF OUR CONSTRUCTION DETAILS IS, AND WHAT WE HAVE IN THE PD IS THAT WE'LL IT WILL MEET OR EXCEED CITY OF DESOTO STANDARDS AND SO PART OF OUR ENGINEERING REVIEW AND UH, WITH THAT WE'LL PROVIDE A DETAIL FOR THE PRIVACY FENCE THAT SHE WAS KIND OF CONCERNED ABOUT AND KIND OF MAKE SURE THAT'S UP TO Y'ALL STANDARDS ALONG THERE.

THANK YOU.

QUESTIONS.

ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, HEARING IS SEEING NONE.

THANK YOU SIR.

THANK YOU.

I WILL ASK, UH, FOR THE RECORD, IS THERE ANYONE ELSE IN ATTENDANCE WHO WOULD LIKE TO BE HEARD ON THIS PARTICULAR AGENDA ITEM? IF SO, AND THERE'S YOUR OPPORTUNITY TO COME FORWARD ONE MORE TIME.

IS THERE ANYBODY ELSE WHO WOULD LIKE TO BE HEARD ON CASE NUMBER Z DASH 15 1 7 DASH 23? ALRIGHT, HEARING AND SEEING NONE, WE'LL TAKE THIS OPPORTUNITY AT 7:12 PM TO CLOSE THE PUBLIC HEARING.

UH, COMMISSIONERS, IS THERE ANY OTHER DISCUSSION OR QUESTIONS OR ARE WE READY TO ENTERTAIN A MOTION? NO QUESTION.

MS. BROOKS.

UH, THIS QUESTION IS FOR STAFF.

CAN YOU PULL THE PLAT TO INDICATE EXACTLY WHERE THOSE LETTERS OF SUPPORT, HOW CLOSE THEY ARE TO THIS LOCATION THAT THE APPLICANT MENTIONED? AND HE MENTIONED SOME LETTERS OF SUPPORT.

THEY'RE NOT IN OUR PACKET, DO WE? CAN WE CONFIRM THAT THERE WERE LETTERS OF SUPPORT RECEIVED? WHAT I HEARD FROM THE APPLICANT WAS THAT THE CHURCH, WHICH IS ON THE SOUTH SIDE RIGHT HERE, THIS IS WHERE THE CHURCH IS, THEY GOT A LOT OF A LETTER OF SUPPORT.

AND ALSO

[00:50:01]

THIS ONE RIGHT HERE, THAT PROPERTY OWNER RIGHT HERE, THEY GOT A LOT OF SUB.

SO THEY ARE WITHIN THE 200 FEET NOTICE AREA COMMISSION.

TO SPECIFICALLY ANSWER YOUR QUESTION, THE LETTER OF SUPPORT THAT WE GOT THAT WE RECEIVED WAS FOR THE, UH, THE NOTCH OUT SECTION HERE, STAFF, CORRECT ME, WE HAVE NOT RECEIVED ANYTHING FOR THE CHURCH ITSELF.

LAST TIME YOU DID GET SOMETHING FROM CHURCH LAST TIME.

DO YOU HAVE IT IN YOUR FILE? 'CAUSE I ONLY HAVE THE OTHER ONE.

THE CHURCH SENT SOMETHING LAST WITH THE LAST APPLICATION, BUT NOT WITH THIS APPLICATION.

MS. BETOS INDICATED THAT RIGHT NOW SHE DOESN'T HAVE THE OTHER LETTER, BUT SHE SAYS SHE HAS RECEIVED THE LETTER FROM THE CHURCH DEALING WITH THE LAST CASE.

WAIT, WAIT, WAIT.

FOLLOW UP ON THAT.

OKAY, ONE SEC.

I APOLOGIZE.

CORRECTION, WE ONLY HAVE THE ONE LETTER DURING THE LAST CASE, WHICH WAS FROM THE, UM, INSURANCE COMPANY AND IT READ, UH, IT HAS BEEN A TRUCK RENTAL AND MANY STORAGE FACILITY EVER SINCE I SOLD THE PROPERTY TO U-HAUL IN 2005.

WHAT CHANGES? AND AGAIN, THIS IS FOR THE NOTCH OUT AREA THERE.

OKAY, THANK YOU.

SO WE DON'T HAVE ANYTHING FROM THE CHURCH INDICATING THAT COURT STAFF STAFF DOES NOT NO, MA'AM.

OKAY.

MAY I, MAY I ASK IF WE'RE ABLE TO ASK THE APPLICANT IF HE HAS LETTERS THAT WE DO NOT HAVE? IS THAT ALL RIGHT MR. CHAIR? ABSOLUTELY.

OKAY.

UM, WE ACTUALLY SENT THIS PAST WEEK, UM, LAST WEEK, THE LETTER LAST FRIDAY, UM, THE LETTER OF SUPPORT AS WELL AS THE, THE LINK FOR THE, THE, UH, CHURCH THAT IS FOR SALE.

AND I ACTUALLY HAVE IT WITH ME.

THERE'S A FEW OF MY NOTES ON IT, BUT THIS IS THE LETTER FROM THE CHURCH AS WELL I PRINTED OUT.

UM, SO WE DO HAVE, UM, IT SAYS WE MADE AWARE THAT THE RECENT UPCOMING DEVELOPMENTS OF U-HAUL, UH, MOVING IN STORAGE, DESOTO LOCATED 1245 SOUTH INTERSTATE.

THIS LETTER IS TO INFORM YOU THAT THE CHURCH IS CONSENTING U-HAUL TO CONTINUE THEIR DEVELOPMENTS.

UM, AND IF WE WANT TO PROVIDE THAT TO YOU, LET US KNOW.

WE SENT IT LAST FRIDAY.

SO THOUGHT MAYBE, OR I THOUGHT TO MY UNDERSTANDING THAT WAS ALREADY IN Y'ALL'S POSSESSION.

UM, BUT IT LOOKS LIKE IT WASN'T.

BUT WE DO HAVE THAT SINCE WE'RE, SINCE WE'RE GONNA BE CALLED TO VOTE ON, ON THIS, WOULD YOU HAND THAT LETTER TO MS. JORDAN WILLIAMS AND MS. JORDAN WILLIAMS? IF YOU COULD JUST, UH, WE'LL JUST PASS IT DOWN AND, AND I HAVE SOME NOTES ON IT THAT I WAS WRITING ON JUST FROM THAT'S FINE.

OKAY.

BUT JUST SO EVERY COMMISSIONER HAS AN OPPORTUNITY TO VIEW THE LETTER, UH, MS. AZI? YES, I DO HAVE THE, THE LETTER.

I'M JUST GOING THROUGH MY EMAIL.

WE CAN PRINT IT FROM AND MS. JORDAN WILLIAMS? NO, I I'M NOT, I'M NOT ASKING YOU TO MAKE A COPY.

NO, WE JUST TAKE THAT LETTER AND WE JUST PASS IT DOWN AND IF, IF YOU WANT TO FOLDER IT SO WE DON'T SEE HIS NOTES, THAT'S FINE.

YEAH.

YEAH, WE, WELL, AND I WOULD JUST ASK THE COMMISSIONERS JUST FOCUS ON THE CONTENTS OF THE LETTER AND NONE OF HIS WORK PRODUCT.

OKAY.

UH, MR. CHAIR? YES, MR. RICK? UM, THE APPLICANT STATED HE HAD THREE LETTERS.

UH, IS IT JUST TWO? I THINK IT'S TWO.

JUST TWO.

OKAY.

ALL RIGHT.

THANK YOU MR. CHAIR.

YES, MS. SUSAN, PLEASE.

IS IT, UH, MY UNDERSTANDING, UH, TO THE APPLICANT THAT YOU DID SAY THAT THE CHURCH IS NO LONGER FUNCTIONING? DID I, UH, YES.

TO MY UNDERSTANDING, THE CH THE CHURCH IS NO LONGER OCCUPIED AT THIS TIME AND THEY ARE WORKING TO, TO SELL IT.

UM, IT IS CURRENTLY LISTED FOR SALE.

THANK YOU.

NO PROBLEM.

ALRIGHT, COMMISSIONERS, UH, AS WE CONTINUE TO REVIEW THE LETTER THAT APPLICANT PROVIDED, ARE THERE ANY OTHER QUESTIONS FOR EITHER THE APPLICANT OR STAFF? ALRIGHT.

ALL RIGHT.

I I DO NOT, UH, MR. BELL, GO AHEAD.

FIRST, STAFF, WHAT IS THE, UH, SIGNIFICANCE OF ALLOWING THE TRUCK AND TRAILER RENTAL BY RIGHT AS, AS OUTLINED IN THE, UH, DEVIATION REQUEST? I'M SORRY, I NOT UNDERSTANDING THE

[00:55:01]

QUESTION.

UH, ONE OF THE DEVIATION RE REQUESTS, I BELIEVE THE VERBIAGE WAS ALLOW MANY WAREHOUSE AND TRAILER AND TRUCK RENTAL BY, RIGHT.

WHAT IS THE SIGNIFICANCE OF, OF THAT TO THIS PD? BECAUSE RIGHT NOW THE, UH, THE C ONE ALLOWS THAT USE BY SPECIFIC USE PERMIT.

THEY CANNOT JUST COME AND START IF THEY HAVE TO GET A SPECIFIC USE PERMIT ACCORDING TO OUR USE CHART.

SO THIS IS WHAT I WAS SAYING EARLIER, RIGHT? UM, IF Y'ALL DENY THIS PD, THEY COULDN'T JUST GO OUT AND DO THIS, TECHNICALLY, THEY WOULD HAVE TO COME BACK, APPLY FOR AN SUP TO DO THE, UM, TRUCK RENTAL AND THE, AND THE MINI, UH, WAREHOUSE.

SO THAT SAYING THAT IN THE PD IT'S ALLOWED BY RIGHT? JUST MEANS THEY DON'T HAVE TO COME BACK FOR A PD.

IT MAKES IT A USE THAT'S ALLOWED IN C ONE.

UH, WOULD THAT APPLY TO JUST THAT C ONE OR WOULD IT AFFECT OTHER AREAS AS WELL? IT APPLIES TO THE PD.

OKAY, THANK YOU.

SO THE, THE SIX POINT WHATEVER ACRES, OKAY.

OKAY.

AND I KNOW MR. BREWER, YOU'RE ABOUT TO SPEAK, UH, MR. BELL, IF YOU'RE DONE WITH THAT LETTER, IF YOU'LL HAND THAT TO MR. CARROLL AND GO AHEAD MS. BUR.

YEAH, JUST TO PROVIDE MORE CLARIFICATION AND OUR SCHEDULE OF USAGES IS WHAT I HAVE HIGHLIGHTED.

I'D BE GLAD TO SHARE THIS.

IT SHOWS FOR MANY WAREHOUSES A PACIFIC USE PERMIT IS ALLOWED IN BOTH C ONE AND C TWO AND I, WHICH IS INDUSTRIAL, BUT IT IS ALLOWED IN PD.

SO IT'S ALLOWED IN, IN ALL IN THOSE FORMS, RIGHT? YES.

WOULD YOU LIKE ME TO PASS THIS TO YOU? YES, SIR.

OKAY.

WE CAN GET IT OVER.

MR. OW, AS I READ THE LETTER OF CONSENT FROM FUEGO CHURCH, I THINK MY ONLY CONCERN IS THAT THERE WAS NOT A NAME OF A PERSON ASSOCIATED, BUT JUST THE, THE BUILDING'S NAME ASSOCIATED WITH IT.

UM, THAT'S MY CONCERN THAT THERE'S NO ONE THAT WE COULD, YOU KNOW, SAY, DID YOU ALL SEND THIS LETTER OR NOT? THAT'S JUST MY CONCERN.

YES, SIR.

ANY OTHER QUESTIONS OR COMMENTS? ALRIGHT, WE'VE HAD A, A VERY LIVELY DISCUSSION.

I KNOW WE'RE ALSO TAKING THE TIME TO READ THE INFORMATION THAT STAFF HAS PROVIDED.

UH, IF THE APPLICANT, IF YOU WANT TO COME UP, I KNOW THIS IS NOT A COURTROOM, BUT IF YOU WANNA COME UP AND CUT ON YOUR MIC AND GIVE US KIND OF YOUR FINAL PITCH, YOUR CLOSING ARGUMENT, IF YOU WILL, UH, FOR, FOR WHY YOU THINK WE OUGHT TO CONSIDER APPROVING THIS, UH, IN LIGHT OF THE DEVELOPMENTS WITH THE NEW COMPREHENSIVE PLAN.

UH, YOU DON'T HAVE TO, BUT I WANT, I'M WANNA GIVE YOU THE OPPORTUNITY TO DO SO.

UH, YES, JUST WANTED TO, TO KIND OF DISCUSS AS WE WORKED THROUGH THIS AND MET WITH THE CITY BACK EARLY OR LATE 2023, UM, IT WAS A COUPLE OF MY PARTNERS, I WAS NOT AT THE MEETING, BUT TWO OF MY PARTNERS WAS THERE.

UM, AND THE QUESTION WITH STAFF WAS, SHOULD WE GO THROUGH AN SUP PERMIT OR A PD PERMIT? AND IT WAS RECOMMENDED THAT WE GO THROUGH A PD PERMIT TO INCLUDE ALL THE U-HAUL PROPERTIES, SO THEY ARE ALL UNDER THE SAME PD.

UM, AND SO AS THAT IS BEING DISCUSSED, THAT'S, THAT'S THE REASON WE WENT THROUGH THE, THE PD ROUTE.

UM, BUT JUST TO KIND OF HOPE, HOPEFULLY YOU CAN TAKE INTO CONSIDERATION.

YOU U-HAUL HAS, HAS OWNED THIS PROPERTY FOR, FOR A LONG TIME.

THEY'VE HAD FACILITIES THERE, UM, THE THREE EXISTING FACILITIES, UH, TO THE NORTH.

UM, THEY'VE HAD GOOD NEIGHBORS.

UH, THE NEIGHBORS SAID THAT U-HAUL IS GOOD.

SO I HOPE Y'ALL TAKE THAT INTO CONSIDERATION.

UM, AND IF YOU HAVE ANY OTHER QUESTIONS FOR ME, PLEASE LEMME KNOW.

AND THANK YOU ALL FOR YOUR, FOR YOUR TIME AGAIN.

OKAY.

COMMISSIONS AGAIN.

ANY OTHER QUESTIONS OR COMMENTS? ALRIGHT, HEARING AND SEEING NONE, ARE WE PREPARED TO ENTERTAIN A MOTION? ALRIGHT, MR. ELLI, YOU ARE THE BRAVE SOUL.

YES MA'AM.

GO AHEAD.

I'LL GO FOR IT.

UM, I, I APPRECIATE THE RECOMMENDATION OF STAFF, BUT IT'S MY MOTION THAT WE APPROVE THE, UM, PLANNED DEVELOPMENT PD WITH THE THREE STIPULATIONS AS OUTLINED THE MINI WAREHOUSE AND TRAILER OR TRUCK RENTAL BY RIGHT, THE ONE TREE PER 40 FEET AND CONTINUOUS ROW OF FOUR FOOT SHRUBS AS WELL AS THE MINIMUM OF 10 PARKING SPACES.

UM, THAT'S THE, THAT'S MY MOTION.

ALRIGHT.

THE MOTION HAS BEEN MADE BY MR. CHARLEY.

IS THERE A SECOND TO THAT MOTION? SECOND.

IT HAS BEEN SECONDED BY MS. BROOKS.

[01:00:01]

IS THERE ANY UNREADINESS HEARING AND SEEING NONE.

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

AYE.

A THOSE OPPOSED, PLEASE DO THE SAME AND SAY NAY.

NAY.

THE MOTION PASSED.

UH, FIVE TO TWO AT THIS TIME WE'LL MOVE

[F. CITIZEN APPEARANCES The Planning and Zoning Commission invites citizens to address the Commissioners on any topic not already scheduled for Public Hearing. Citizens wishing to speak should complete a "Citizen Comment Card" and return it to the table prior to the meeting. In accordance with the Texas Open Meetings Act, the Planning and Zoning Commission cannot take action on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Anyone desiring to speak on an item scheduled for a Public Hearing is requested to hold their comments until the Public Hearing on that item]

ON TO THE NEXT ITEM TO ON OUR AGENDA, WHICH IS CITIZEN APPEARANCES THAT'S LISTED ON ITEM F.

UH, THE PLAN IS ZONING COMMISSION INVITE CITIZENS TO ADDRESS THE COMMISSION ON ANY TOPIC NOT ALREADY SCHEDULED FOR A PUBLIC HEARING THIS EVENING.

UH, SO WITH THAT BEING SAID, ARE THERE ANY, UH, CITIZENS, UH, HERE THIS EVENING WHO WOULD LIKE TO, UH, COME FORWARD AND ADDRESS THE COMMISSION ON AN ITEM NOT ON THE AGENDA THIS EVENING? AGAIN, I'LL SAY ONE MORE TIME FOR THE RECORD.

IS THERE ANY CITIZEN WHO'D LIKE TO BE HEARD ON ANY ITEM THAT IS NOT ON THE AGENDA THIS EVENING? LET THE RECORD REFLECT THERE ARE NO CITIZEN APPEARANCES THIS EVENING AND WE'LL MOVE ON.

UH,

[1. Consider approval of the Final Plat of "Ace Contreras Addition, Lot 1, Block A". The property is legally described as being Tract 14.1 in the William A Forgy Survey, Abstract 464 (149 Ace Drive). The applicant is Stephen Salcido of Windrose Land Service and the owner is Oscar Contreas. (Case No. FP-1250-24)]

TO ITEM G ONE IS ON OUR REGULAR AGENDA, WHICH IS CONSIDERED APPROVAL OF THE FINAL PLAT OF ACE CONTRARIAN EDITION LOT ONE BLOCK A.

THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACKED.

14.1 IN THE WILLIAM A 4G SURVEY, ABSTRACT 4 64 1 49 ACE DRIVE.

THE APPLICANT IS STEVENS CETO OF WIND, WINDROSE LAND SERVICE, AND THE OWNER IS OSCAR CONTRERAS.

AND THIS IS CASE NUMBER FP DASH 1250 DASH 24.

AND MS. JORDAN WILLIAMS, MAY WE HAVE OUR STAFF REPORT PLEASE AND GOOD EVENING TO YOU.

GOOD EVENING COMMISSIONERS.

EVENING, GOOD EVENING.

CASE FP 1250 DASH 24.

IT'S A REQUEST TO CREATE ONE PLATTED RESIDENTIAL LOT.

THE, I'M SORRY, THE, THE SITE IS A TOTAL OF 0.45 ACRES IN CURRENTLY ZONE SF EIGHT.

THIS PLAT IS LOCATED ON THE NORTH SIDE OF ACE DRIVE AND SOUTH OR WEST PARKVILLE ROAD.

ON YOUR LEFT IS A AERIAL VIEW OF THE LOT AND ON THE RIGHT IS THE ZONING MAP OF THE LIBRARY.

THE CURRENT APPLICATION IS REQUESTING ONE PLATTED LOT.

THE SUBMITTED PLAT WAS PREPARED BY A LICENSED LAND SURVEYOR AND MEETS THE REQUIREMENTS OF THE CITY'S ZONING AND SUBDIVISION REGULATIONS.

HERE IS THE PROPOSED PLAQUE.

STAFF RECOMMENDS THAT THE COMMISSION APPROVE ACE CONTRERAS ADDITION LOT ONE BLOCK A FINAL PLAQUE AS PRESENTED.

THANK YOU MA'AM.

COMMISSIONERS, ANY QUESTIONS? HEARING AND SEEING NONE.

ARE WE PREPARED FOR A MOTION? MS. CAESAR? UH, MR. CHAIR, I MOVE THAT THE COMMISSION RECOMMENDS FOR APPROVAL AS WRITTEN CASE NUMBER FP DASH 1250 DASH 24.

AND MS. CAESAR, SINCE THIS IS A FINAL PLAT, WE ARE THE APPROVING AUTHORITIES.

SO DO YOU FINAL PLAT? YES.

APPROVAL OF THE FINAL PLAT THAT WE APPROVE.

THE FINAL PLAT? YES.

OKAY.

MOTION HAS BEEN MADE.

IS THERE A SECOND? SECOND.

OH BOY, I, I DON'T KNOW WHO, I DON'T KNOW WHO WON THAT.

I DON'T KNOW WHO THOUGH.

UH, YOU KNOW, MR. RAVEN IS GONNA BE A GENTLEMAN.

SO WE'RE GONNA GIVE IT A SECOND TO MR. ELLI.

ALRIGHT, WITH THAT BEING SAID, IS THERE ANY UNREADINESS THE MOTION TO BE PROPERLY MADE AND SECOND? NO UNREADINESS.

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

AYE.

THOSE OPPOSED? PLEASE DO THE SAME AND SAY NAY.

AYES HAVE IT.

SEVEN TO ZERO.

THAT CONCLUDES LADIES AND GENTLEMEN, THE ITEMS THAT WE HAVE ON THE AGENDA FOR THIS EVENING.

COMMISSIONERS.

IS THERE ANY OTHER MATTER WE NEED TO TAKE UP BEFORE WE HAVE A MOTION TO ADJOURN? I HAVE A MS. BROOKS.

YEAH, I JUST WANNA, UM, MAKE AN ANNOUNCEMENT.

I THINK AT THE JANUARY 23RD PLANNING AND ZONING COMMISSION MEETING, I MENTIONED THAT A NOTICE OF FUNDING OPPORTUNITY WOULD BE RELEASED SOON FOR A SAFE STREETS FOR ALL PLANNING GRANT.

UM, SINCE THAT TIME, UH, ON FEBRUARY 21ST, THE US DEPARTMENT OF TRANSPORTATION DID RELEASE THAT NOFO FOR SAFE STREETS.

UM, THIS GRANT COULD COVER A NUMBER OF THINGS SUCH AS A PEDESTRIAN SAFETY ACTION PLAN OR A VISION ZERO PLAN.

AND THESE WOULD HELP US DEVELOP STRATEGIES TO REDUCE THE NUMBER OF CRASHES IN OUR CITY.

AND IT ALSO ALIGNS WITH, UH, STRATEGIC PRIORITIES, SAFE AND HEALTHY COMMUNITY.

THERE ARE ALSO, THERE ARE THREE DEADLINES FOR THIS GRANT.

APRIL 4TH, MAY 16TH AND I BELIEVE AUGUST 29TH.

IN ADDITION, THERE WAS A NOFO RELEASE FOR AN IMPLEMENTATION GRANT, UM, WITH A DEADLINE OF MAY 16TH.

IN ORDER TO DO THE IMPLEMENTATION GRANT, WE MUST HAVE THE PLANNING GRANT, AND I'M JUST MAKING A RECOMMENDATION THAT STAFF MOVE FORWARD AND SUGGEST, YOU KNOW, JUST FYI INFORMATION ABOUT THE GRANT.

MR THIS IS SOMETHING THAT REALLY WE SHOULDN'T BE TALKING ABOUT ABSENT, UH, NOT BEING ON THE AGENDA.

UM, SO I'M GOING TO

[01:05:01]

PROBABLY CUT THIS CONVERSATION HERE, UM, AND WE'LL JUST MOVE ON, I THINK IS GONNA BE BEST FOR THIS ONE.

OKAY? THANK YOU.

ALRIGHT, SO THANK YOU MR. SMITH, MS. BROOKS, YOU, YOU CAN CERTAINLY TALK TO STAFF OFFLINE, BUT MS. MS, MS MS. SMITH SAYING WE SHOULDN'T BE TALKING ABOUT IT IN THE FORMAL MEETING.

SO PLEASE, UH, HAVE YOUR FOLLOW UP CONVERSATIONS, IF YOU WOULD.

ALRIGHT.

IS THERE ANY OTHER, UM, UH, MATTER COMMISSIONERS WE NEED TO TAKE UP? ALRIGHT, STAFF, IS THERE ANY OTHER MATTERS WE NEED TO TAKE UP? ANYTHING WE NEED TO DISCUSS BEFORE WE CONSIDER A MOTION TO ADJOURN? NO, SIR.

MS. BREWER.

OKAY.

ALRIGHT.

WITH THAT BEING SAID, THE TIME IS NOW 7:29 PM IS THERE A MOTION TO ADJOURN THIS MEETING? SO, WHO, MR. CHAIR BEEN MOVED BY MS. CAESAR? EVERYBODY'S SCARED NOW.

THANK YOU.

SO, MR. BELL, HE SAID I'LL GO AHEAD AND I'LL STEP UP.

TAKE MY LIFE IN MY OWN HANDS.

I'LL SECOND IT.

SO IT'S BEEN MOVED BY MS. CESAR.

IT IS BEEN SECONDED BY MR. BELL.

EVERYBODY IN FAVOR, PLEASE SAY GOODNIGHT.

GOOD NIGHT.