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GOOD[A. WORK SESSION AGENDA:]
EVENING LADIES AND GENTLEMEN.TODAY IS TUESDAY, APRIL THE 23RD OF 2024.
I'D LIKE TO WELCOME YOU OUT TO THE WORK SESSION OF THE DESOTO PLANNING ZONING COMMISSION.
TO MY RIGHT WE HAVE MR. BELL, MR. RNE.
TO MY LEFT WE HAVE MS. BROOKS, MR. ELLI, AND MR. BERRY AND MYSELF, MR. PUGH.
WE'LL JUMP RIGHT INTO THE AGENDA.
FIRST ITEM ON THE AGENDA IS ITEM D ONE A, WHICH IS CONSIDER APPROVAL OF MINUTES FROM THE PLAN ZONING REGULAR MEETING OF APRIL 9TH, 2024.
COMMISSIONERS, HAVE YOU HAD AN OPPORTUNITY TO REVIEW THOSE MINUTES? AND IF SO, ARE THERE ANY ADDITIONS, DELETIONS, OR MODIFICATIONS YOU'D LIKE TO SUGGEST AT THIS TIME? ALRIGHT, HEARING IS SAID NONE.
WE'RE GOING ON TO THE NEXT AGENDA ITEM, WHICH IS UNDER PUBLIC HEARING ITEM D ONE, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO CITY COUNCIL ON A REQUEST TO AMEND PLAN DEVELOPMENT 65 PD 65 5 TO ALLOW FOR A RENTAL UH, RETAIL CENTER WITH MEDICAL DAY HAVE AND SHALL LEASE AND SPACES.
THE PROPERTY CONSISTS OF APPROXIMATELY 0.96 ACRES OF LAND LEGALLY DESCRIBED AS BEING HAMPTON CROSSING BLOCK ONE LOT FIVE.
THE APPLICANT IS DANIEL RIZVI AND THE OWNER IS EMMANUEL IGHT.
THIS IS CASE NUMBER Z DASH 15 0 1 DASH 23.
GOOD EVENING, MS. JORDAN WILLIAMS. MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING, COMMISSIONERS.
ZONING, KC DASH 15 NINE DASH 24 IS AMENDMENT FOR PD 65 TO ALLOW FOR RETAIL CENTER AND MEDICAL THEY HAVE AND SHELL LEASING SPACES.
DO YOU HAVE ANY QUESTIONS FOR STAFF? ALRIGHT, THANK YOU MA'AM.
COMMISSIONERS, ANY QUESTIONS FOR MS. JORDAN WILLIAMS ON THIS AGENDA ITEM? ALRIGHT, THANK YOU MA'AM.
WE'LL MOVE ON TO OUR NEXT AGENDA ITEM, WHICH IS E TWO, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO AMEND PLAN DEVELOPMENT ONE 60, PD ONE 60 AND TO OBTAIN A DEVIATION FROM SECTION 41.3 FENCES IN RESIDENTIAL AREAS.
SUBSECTION A OF THE CITY'S ZONING ORDINANCE IN ORDER TO INSTALL APPROXIMATELY A THOUSAND FEET OF SIX FOOT HIGH TUBULAR STEEL POWDER, UH, COATED BLACK FENCE ALONG THE REAR AND SIDE YARDS OF THE SINGLE FAMILY RESIDENTIAL LOTS ALONG THE WEST SIDE RIGHT AWAY OF NORTHWEST MOLAND ROAD IN THE CREEKS OF HOMESTEAD EDITION, PHASES ONE AND TWO, A HOMESTEAD EAST EDITION, PHASES ONE AND TWO.
THE APPLICANT IS WILDWOOD EAST DEVELOPMENT LTD, AND THE PROPERTY OWNER IS WILDWOOD DEVELOPMENT, UH, COMPANY LTD.
AND GOOD EVENING TO YOU, MR. BREWER.
AND MAY WE HAVE OUR STAFF REPORT, PLEASE? GOOD EVENING CHAIR MEMBERS OF THE COMMISSION, UH, UP ON YOUR SITE PLAN.
I'VE KIND OF GIVEN YOU UP ON YOUR SCREEN.
I'VE GIVEN YOU A SITE PLAN JUST FOR A QUICK REFERENCE.
THE SECTIONS OF HOMESTEAD EAST THAT WE'RE REFERRING TO NOW ARE JUST THESE TWO THAT BORDER WEST MOORLAND FOR REFERENCES.
THIS SECTION THAT I'M HIGHLIGHTING THAT BORDERS, UH, DANIELDALE IS PHASE ONE.
THIS COMBINATION OF WEST SIDE AND EAST SIDE ARE ALL CONSIDERED PHASE THREE.
THIS IS THE ONE THAT THE DEVELOPER REQUESTED TO INCREASE THE DENSITY ON THIS WEST SIDE ONLY.
AND THESE ACTUALLY WERE ORIGINALLY, UH, ESTABLISHED AS BEING HOMESTEAD EAST.
BOTH OF THESE PROPERTIES HAVE BEEN PRELIMINARY PLATTED.
UH, PHASE ONE IS THE ONE IN THE RED AT THE BOTTOM ACTUALLY, THE DEVELOPER HAS ACTUALLY STARTED AND COMPLETED ALL CIVIL IMPROVEMENTS ASSOCIATED WITH THIS PROJECT.
THE FINAL PLAT WAS ACTUALLY APPROVED.
IT NEEDED TO BE APPROVED ADMINISTRATIVELY WISE.
WE WERE, OH, HOW DO I SAY IT? UH, WE WERE QUESTIONED AND CHALLENGED ABOUT NOT GETTING THAT FINAL PLAT OUT.
UH, STAFF WAS NOT SUPPORTING THE APPROVAL OF THAT FINAL PLAT 'CAUSE WE FELT THAT A SCREENING WALL PER THE ZONING ORDERS WAS STILL REQUIRED, BUT CONSULTATION WITH OUR CITY MANAGER'S OFFICE AND CITY ATTORNEY, UM, FELT IT APPROPRIATE TO PROCESS THAT.
SO THE PHASE ONE WAS APPROVED AS A FINAL PLAT AND HAS BEEN FILED WITH DALLAS COUNTY PHASE TWO, WHICH IS A SECTION HERE IS UNDER CONSTRUCTION NOW.
IT IS STILL ONLY PRELIMINARILY PLATTED.
THE NAME HAS CHANGED FROM HOMESTEAD EAST PHASE ONE TO THE CREEKS
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OF HOMESTEAD, PHASE ONE AND TWO.AND JUST AS THE HIGHLIGHT OF THIS SECTION, NORTHERN MORE SECTION, IS WHAT'S GONNA BE THE COMMERCIAL TRACK OF LAND.
UH, SO MY POWERPOINT PRESENTATION WILL, WHEN WE DO IN THE PUBLIC HEARING, WE'LL GO MORE INTO DEPTH TO HELP YOU UNDERSTAND WHAT'S PRELIMINARY PLATTED, WHAT'S APPROVED.
UH, THAT'S THE PRELIMINARY PLAT THERE THAT I'M SHOWING ON THE SCREEN.
AGAIN, THIS HAS BEEN CONSTRUCTED.
THE FINAL PLAT HAS BEEN APPROVED.
IT'S ANOTHER NAME CALLED THE CREEKS OF HOMESTEAD.
NOW, PHASE ONE, UH, PHASE TWO IS AGAIN, IS WHAT'S UNDER CONSTRUCTION RIGHT NOW.
UM, I'VE INCLUDED, UH, IN YOUR AGENDA PACKAGES THERE, SITE PLANS, UM, JUST FOR KNOWLEDGE IN THIS LOWER CORNER, THE RIGHT HAND CORNER OF THIS SCREEN, IT SHOWS THE AREAS FOR THESE SHEETS THAT ARE COMING UP, A, B, C, D, AND E.
CLUB PARK IS DOWN SOUTH WHERE WEST MOLEN IS.
SO THIS TRANSITION ON THIS DRAWING, YOU SEE THE RED LINES OF THE PROPOSED FENCE AND IT TRANSITIONS FROM THIS LEFT STOPS HERE, CONTINUES ON DOWN.
THIS, UH, CADIA ROAD IS THE FIRST ENTRANCE TO THE NORTH INTO PHASE TWO.
THE FENCE, AS YOU SEE CONTINUES AND GOES, UH, DOWN TO THE SOUTH WHEN YOU GET TO THE NEXT SHEET.
IT'S JUST A REALLY, UH, A CONTINUATION GOING DOWN SOUTH.
GO TO THIS LINE, CONTINUE THIS DUAL OPENING FOR EXITING AND ENTERING TRAFFIC.
UM, IS THE TOP NEAR SECTION OF PHASE ONE AS IT CONTINUES ON DOWN.
THIS IS THE SOUTHERNMOST STREET.
UH, IF YOU CONTINUE SOUTH, YOU ARE LOOKING AT THE, UM, THE THORNHILL PROPERTY, THE, UH, WAS IT IN ENC CAVE, THE ENCLAVE ON ENCLAVE.
AND THEN ACROSS THE STREET, UH, FOR THE SOUTH IS GONNA BE THE, UH, CLUB PARK.
PLEASE MAKE NOTES OF THIS DETAILED DRAWING HERE.
THIS IS THE APPLICANT'S PROPOSED, UM, BLACK ROD ON FENCING.
SO IT SHOWS YOU HAVE YOUR POSTS THERE, UM, AND WHAT HE'S PROPOSING.
I WANTED TO HIGHLIGHT THAT TO YOU SO YOU DON'T GET CONFUSED WITH THE RENDERING THAT WE INCLUDED IN THE PACKAGE.
UH, THIS IS SHOWING A, A KIND OF THIS BRICK ROCK COLUMN.
UM, BUT AGAIN, LOOKING AT THE DETAIL, IT DOESN'T SHOW THAT BRICK COLUMN THAT BE ONE OF, THAT WILL BE ONE OF THE THINGS THAT YOU MAY WANT TO ASK THE DEVELOPER.
IS HE PROPOSING ONLY ROD ON FENCING THAT SHOWS HERE, OR IS IT ACTUALLY GOING TO INCLUDE, UM, SECTIONS DIVIDERS WITH THIS, UM, MONUMENT TYPE FEATURE HERE? AND THEN IN YOUR PACKAGES, I'VE INCLUDED SITE PLAN, I MEAN PHOTOS SHOWING THE EXISTING PROPERTY AND SEVERAL SUBDIVISIONS GOING SOUTH OF THIS SITE TO WHERE THE EXISTING A SIMILAR ROD IRON FENCING HAS BEEN APPROVED FOR THE ENCLAVE AT THORNHILL.
AND SOME OTHER PHOTOS I'LL ADDRESS ANY OTHER QUESTIONS THAT YOU MAY HAVE PRIOR TO THE PUBLIC HEARING.
ANY QUESTIONS FOR STAFF? MR. OW? UH, YES.
I WAS WONDERING WHAT, WHAT, WHY WAS THE REASON REQUESTED FOR THE DEVIATION? WHAT'S THE REASON FOR THE DEVIATION? UH, THE DEVIATION REQUIRES A SIX FOOT MASONRY FENCE.
AND THEIR DESIRE IS TO PLACE A ROD IRON FENCE.
AND WITH IT BEING A PD, THEY HAVE A RIGHT TO REQUEST DEVIATIONS TO ANY SECTION OF THE ZONING ORDINANCE.
AND THAT'S WHY IT'S COMING BACK AGAIN.
STAFF WAS HOLDING THEM UP FROM SUBMITTING THEIR FINAL PLAT.
'CAUSE WE ARE SAYING IT'S STILL MISSING THE, THE, UH, SIX FOOT MASONRY FENCE.
AND SO THIS IS JUST THAT CONTINUATION.
THEY'RE COMING BACK, EXCUSE ME, TO INSTEAD OF THE MASONRY FENCE.
'CAUSE THE REQUIREMENT IS IN THE ZONING ORDINANCE, BUT TO REQUEST AT THIS POINT A A ROD IRON FENCE.
AND I EVEN HAVE A PHOTO IN HERE THAT SHOWS, UM, A PRIOR TO MY JOINING CITY WHEN THEY APPROVED THE 10 MILE CREEK PHASE THREE CA ROD IRON FENCE WAS APPROVED AT THAT TIME, WHICH WAS STILL AFTER THAT REGULATION GOT PUT INTO THE ZONING ORDINANCE ABOUT REQUIRING A SIX FOOT MASONRY FENCE WAS, WHICH WAS IN 2017.
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AND HAVE THERE BEEN, UM, REQUESTED DEVIATIONS SIMILAR TO THIS SINCE THE ORDINANCE HAS BEEN IN PLACE FOR THE MASONRY FENCE? I JUST MENTIONED THE ONE THAT I'M AWARE OF.10 MILE CREEK, PHASE THREE, THAT BORDERS ZONE DUNCANVILLE.
AND ACTUALLY I DO HAVE A, A PHOTO OF THAT.
UH, THE DEVELOPER HERE WAS SHAIR HOLMES, UH, DUNCANVILLE AND PLEASANT RUN.
AND SO THAT IS A SIMILAR WROUGHT IRON FENCE.
AND THE OTHER QUESTION I HAVE FOR YOU, WOULD THE BACK OF THE HOMES BE FACING THE WROUGHT IRON FENCE? YES, SIR.
IF THAT'S THE REAR OF THE PROPERTY.
AND SO THE REQUEST IS FOR, IF YOU GO BACK UP TO THE, LET'S LOOK AT THE, WELL I'M CALLING THE PRELIMINARY PLAT AGAIN, REMEMBER IT IS A FINAL PLAT.
SO ALL OF THESE, UH, THIS IS THE FIRST LOT AS YOU'RE COMING FROM THE SOUTH WINTER GREEN, THE FIRST LOT HERE, JUST NORTH OF THORN TREE.
THAT FIRST LOT IS GONNA BE A SIDE YARD THAT'S ADJACENT TO THE WEST.
THIS NEXT SECTION, ALL OF THESE WILL BE REAR YARDS.
THE NEXT ONE WILL BE REAR GOING UP.
SO YOU DO HAVE THE SIDE YARD THERE.
AND THEN WHEN YOU LOOK AT, NOW THIS ONE BY PLAT HAS BEEN TURNED, THE DANIELDALE IS GOING TO BE TO THE, ON THE LEFT SIDE.
SO PICTURE SOUTH IS COMING FROM THIS WAY, GOING THIS WAY.
SO YOU CAN SEE WHERE THE FIRST HOME KIND OF BORDERS, THAT'S REAR, THAT'S REAR, THAT'S REAR, THAT'S REAR, THAT'S REAR, THAT'S REAR.
SO IT'S LOOKING LIKE, AND THEN THIS IS GONNA BE A SIDE.
SO IT LOOKS LIKE, UM, MAYBE TWO SIDE YARDS.
BUT IT'S BECAUSE HOW THE PLAT ESTABLISHES IT VERSUS WHERE A PUBLIC ROAD IS.
AND THE, THE LAST THING THAT I HAVE FOR YOU, SOME OF YOUR HOMES, IT LOOKS TO ME AND YOU TELL ME IF I'M INCORRECT, I BELIEVE THE WR IRON FACING IS TO THE SIDE OF THE HOMES, BUT IT'S NOT, THE HOMES ARE NOT REAR FACING ON THAT.
WELL, IF YOU GO OVER TO, IF YOU GO OVER TO PLEASANT RUN, LET'S SAY DANIELDALE IS BEHIND AND YOU'RE COMING BACK EAST THIS FIRST LOT HERE, UH, OH, I'M PUSHING THE WRONG, I'M SORRY.
THIS FIRST LOT HERE, THAT'S GONNA BE SIDE GOING INTO THE SUBDIVISION.
I, IF I'M BELIEVE I'M CORRECT.
WHEN I DROVE BY SOME YOUR HOMES, IT LOOKED LIKE ALL OF THE LOTS WILL BE EARTH SIDE FACING TO THE RIGHT IRON FENCE.
NO, THERE'S NO ROOM FACING HOMES.
LET'S TAKE EXAMPLE WHEN YOU GO.
OKAY, SO THIS IS, UM, DANIELDALE THE DRAWING ON THE, THE PHOTO ON THE LEFT IS SHOWING GUESS GOING SOUTHBOUND.
THAT'S A ROAD THAT'S GOING IN THE SUBDIVISION, WHICH WILL MAKE ALL THESE LOTS REAR LOTS.
OKAY, WE'RE TALKING ABOUT TWO DIFFERENT SUBDIVISIONS.
WE'RE TALKING ABOUT TWO DIFFERENT, DID YOU SAY SAMIR? SAMIR SAMIR.
THAT'S WHAT THIS ONE IS THAT I'M SHOWING.
I THOUGHT YOU HAD ONE WITH THE, THE NAME SAMIR ON IT.
UH, BUT, BUT I THOUGHT IT WAS CLOSER TO PARKVILLE.
THIS IS SHAIR ON DUNCANVILLE ROAD AND PLEASANT RUN.
YEAH, I'M TALKING ABOUT A DIFFERENT, I'M TALKING ABOUT A DIFFERENT SUBDIVISION, SO I'M CONFUSED ON THAT.
OKAY, MR. BELL AGAIN, MR. SHELLEY.
UM, WOULD I BE CORRECT IN ASSUMING THAT THE REASON IN THE ORDINANCE FOR THE MASONRY WALL TO THE REAR WOULD BE TO KEEP DOWN THE LEVEL OF ROAD NOISE FOR THE HOMEOWNERS? I'M SURE A SIX FOOT MASONARY FENCE WOULD HAVE SOME IMPACT, BUT IT TRULY WOULD PROBABLY NEED TO BE LARGER IF YOU'RE REALLY TRYING TO GET SOME TYPE OF SOUND BARRIER.
BUT IT WOULD HAVE SOME EFFECT ON IT.
BUT I TRULY CANNOT SAY WHY THE CITY CREATED THIS ORDINANCE IN 2017.
MY NEXT QUESTION IS, DID I READ THE ORDINANCE CORRECTLY WHEN IT SAYS
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THAT THE WALL MUST BE CONSTRUCTED BEFORE THE APPROVAL OF THE SUBDIVISION? YES, SIR.BEFORE THE ACCEPTANCE OF THE SUBJECT? YES.
AND THAT'S WHAT I WAS MENTIONING.
AND SO THE OTHER TIMES IT GOT THROUGH BECAUSE OF VARIOUS REASONS, BUT IT, THEY WEREN'T FOLLOWING THE ORDINANCE WHEN IT WAS.
WHAT DO YOU MEAN THE OTHER TIMES IT GOT THROUGH? UH, YOU MENTIONED THAT AFTER THIS ORDINANCE WAS PUT IN PLACE, IT WAS APPROVED FOR WR IRONING FENCES ON THE PERIMETER OF ANOTHER DEVELOPMENT.
IT GOT APPROVED THROUGH THE ZONING PROCESS.
WHEN THEY APPLIED FOR THEIR PD, IT WAS ONE OF THEIR DEVIATIONS REQUESTS THAT THEY INCLUDED.
SHAMIR REQUESTED THAT WITH HIS SITE AND THE COUNCIL AT THAT TIME APPROVED IT IN HIS APPROVED PD.
LAST, UH, QUESTION, UM, WAS, WERE THERE SIMILAR DEVIATIONS APPROVED FOR THE OTHER PHASE PHASES OF THIS DEVELOPMENT? THE ORIGINAL PD, WHICH DID THE PHASES ONE AND TWO, THAT ORDINANCE DIDN'T REQUEST THE DEVIATION, BUT IT HAD LANGUAGE IN THEIR ESTABLISHING THAT THEY WERE GOING TO PUT A MASONRY FENCE, UM, ON THEIR NORTH SIDE OF THEIR SUBDIVISION, SOUTH SIDE OF DANIELDALE.
IT WAS INCLUDED IN THERE, BUT NOT REQUESTED AS A DEVIATION TO NOT HAVE ONE.
AGAIN, THE VERY FIRST ORDINANCE FOR THIS SUBDIVISION JUST INCLUDED THIS HERE.
IT DID NOT INCLUDE THIS SECTION OR THIS SECTION.
SO MY QUESTION WOULD BE, IS THERE A MASONRY WALL ON THE TWO CORNERS OF PHASE ONE, BUT NOT IN ANY OTHER PHASE OF THIS DEVELOPMENT? YES, BECAUSE THE ZONING ORDINANCE ONLY REQUIRES IT WHEN YOU ARE ABUTTING A ROAD, IT WOULD NOT HAVE REQUIRED IT FOR ABUTTING OTHER PROPERTIES.
I I MEAN FOR THE, THE ROAD ADJACENT PIECES.
THE ONE SECTION OF PHASE ONE AND TWO, WHICH WAS ORIGINALLY APPROVED, ALL THE PROPERTY THAT ABUTTED DANIELDALE, THAT PD INCLUDED THE LANGUAGE THAT A MASONRY WALL WAS GOING TO BE REQUIRED.
THEY ACTUALLY DID NOT HAVE TO PUT THAT IN THE ORDINANCE BECAUSE IN THE PD, BECAUSE IT WAS IN THE ZONING ORDINANCE.
I WONDERED IF WE COULD LOOK AT THE, UH, RENDERING OF THE LADY WALKING HER DOG.
I'M JUST TRYING TO RECALL 'CAUSE I THINK THERE'S A, A BROADER CITY VISION FOR THE ROY ORE TRAIL.
AND SO I WAS TRYING TO UNDERSTAND IF THAT WAS, WHERE IS THE ROAD IN, IN THIS VISION IS IN THIS CASE THE PATH ON THE, THE ROAD IS ON THE OTHER SIDE OF THE TREES.
ON THIS SIDE OF THE TREES, BUT THEN THE TRAIL PORTION WILL BE UP AGAINST THE FENCE IN PEOPLE'S BACK YARD? NO, NO.
THE FENCE IS THE SHARED COMMON LINE BETWEEN PROPERTY OWNER AND CITY PUBLIC RIGHT OF WAY? YES.
THE SIDEWALK IN THIS CASE, WHICH WILL ALSO BE USED AS A TRAIL FOR THIS PARTICULAR PD.
BUT THE, BUT THE VISION IS THAT THE HOMES THAT HAVE THEIR BACKYARDS BACKING UP TO THE IRON FENCING, ALL OF THESE OVER THERE, THAT LADY'S LOOKING IN AS I AM BATH, ROBBING MY COFFEE IN THE MORNING BECAUSE THAT'S THE BACK OF MY HOUSE.
I JUST WANT TO CHECK AND BE SURE I UNDERSTAND WHERE THE HOUSE IS GOING HERE.
YOU KNOW, I AM A FAN OF THE, THE WAR TRAIL.
SO YES, THIS LADY WHO IS WALKING HER DOG RIGHT NOW APPEARS TO BE LOOKING IN THE REAR YARDS OF THAT SUBDIVISION.
JUST FOR, UH, CLARIFICATION FOR MY OWN EDUCATION, THIS SLIDE IS PERFECT.
WILL ADDING THE STONE DIVIDERS MEET THE REQUIREMENT OF THE ORDINANCE OR DOES IT HAVE TO BE COMPLETELY ROLLED OUT? IT'S COMPLETE BECAUSE WHEN I LOOK UP MASONRY FENCES, THIS IS KIND OF WHAT, WHAT THEY LOOK LIKE.
WHEN YOU KIND OF LOOK UP WHAT THEY SHOULD LOOK LIKE,
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THAT'S THE REGULATION SUBSECTION A IN THE CASES WHERE THE REAR OR RESIDENTIAL LOTS OR ANY ALLEY OF JOHN, THE STREET DEVELOPER MUST CONSTRUCT A SIX FOOT HIGH MASONRY WALL ADJACENT TO THE ROADWAYS.SO THAT'S THE ENTIRE COVER TIRE COVERING.
MM-HMM
MS.
YOU COUNSEL DID APPROVE THE PREVIOUS REQUEST FOR THIS OTHER SUBDIVISION.
DO YOU KNOW IF PLANNING AND ZONING WAS IN FAVOR OR DID, DID THEY DENY IT OR WERE THEY IN FAVOR WHEN THEY CAME TO THEM? OH, ARE YOU STILL TALKING ABOUT HOMESTEAD? NO, I'M TALKING ABOUT THE SAMIR SAMIR.
THE ONE THAT YOU SHOWED, YOU SAID IT HAD BEEN REQUESTED A DEVIATION AND IT WAS APPROVED BY COUNSEL.
I BELIEVE THAT'S WHAT YOU SAID.
ULTIMATELY THE PD WAS APPROVED, BUT AT THIS POINT I CANNOT TELL YOU IN DETAIL WHAT THE PLANNING AND ZONING COMMISSION DID FOR THAT CASE.
THE ONLY REASON I'M ASKING THAT QUESTION IS BECAUSE OUR CITY HAS MADE STANDARDS THAT THEY'RE EXPECTING US TO GO BY, BUT IT'S ALMOST WHY HAVE THE STANDARDS IF WE'RE GOING TO BE APPROVING THE DEVIATION.
SO THAT'S WHY I WAS TRYING TO FIGURE OUT IF PLANNING AND ZONING HAD ALSO WAS IN FAVOR OF THE DEVIATION AS WELL AS COUNSEL OR WAS PLANNING AND ZONING.
UM, NOT IN FAVOR BECAUSE OF WHAT OUR ORDINANCE IS.
AND THAT WAS JUST FOR MY KNOWLEDGE.
IF WE HAVE A BREAK, I CAN GO TRY TO DO SOME RESEARCH.
BUT I TRULY DON'T KNOW THAT ANSWER.
JUST A FOLLOW UP ON MY FAVORITE TRAIL.
DOES THE SAMIR HOMES, IS THERE A PLAN FOR THE TRAIL TO GO DOWN ITS IRON FENCE? DO YOU KNOW THE, THE DEVIATION THAT WAS APPROVED FOR THE IRON FENCING? IS THERE A PLAN FOR CITY TRAILS TO GO DOWN THAT IRON FENCING? NO.
THE PARK, THIS PARK DEPARTMENT HAS A MASTER PLAN.
UM, AS YOU WILL RECALL, WE HAVE HAD SOME, WE HAD SOME CONSULT, WE HAD SOME DISCUSSIONS WHEN ANOTHER DEVELOPER WAS LOOKING AT DEVELOPING THAT PROPERTY EAST OF CLUB PARK TO WHERE A PUBLIC LAND WAS GONNA BE DEDICATED.
A TRAIL WAS GONNA BE BROUGHT THROUGH FROM WINTER GREEN, NORTH EAST OF PARKVIEW AND THEN RUN DOWN THAT UNDEVELOPED PUBLIC RIGHT OF WAY THAT EXISTS ON THE NORTH SIDE.
BUT IT'S MY UNDERSTANDING THAT, UH, LAND PURCHASE FELL THROUGH.
SO, SPECIFICALLY ANSWER YOUR QUESTION, WILDWOOD THROUGH THEIR PIT IS REQUIRED TO HAVE THAT TRAIL THAT GOES FROM UNDERNEATH DANIELDALE CUT THROUGH TO CONTINUE DOWN THE SIDEWALK TRAIL.
IT'S THAT COMBINATION TO THAT, TO THAT STOPPING POINT TILL SOMETHING ELSE IS DETERMINED.
BUT YOU CAN, UH, YES, APPLICANT'S REPRESENTATIVES ARE HERE.
YOU CAN GO MORE INTO DETAILS WITH THEM AT THAT TIME.
MS. BROOKS, JUST QUICK QUESTION.
I KNOW THERE'S, THIS IS UNDER DEVELOPMENT, SO I'M NOT SURE IF YOU HAD ANYBODY TO NOTIFY, BUT DID WE TAKE IT A STEP FURTHER AND NOTIFY THE ADJACENT NEIGHBORHOOD AND GET ANY FEEDBACK ON WHAT THEIR THOUGHTS? OH, WE'RE REQUIRED.
AGAIN, THIS IS A ZONING CHANGE CASE.
WE HAVE TO GO TO THE OUTER LIMITS OF THE ENTIRE PROPERTY, SEND OUT NOTICES TO BOTH PROPERTY OWNERS WITHIN BOTH 200 AND EXTEND IT OUT TO 400.
SO YOU HAVE AN IDEA IF THE ADJACENT PROPERTY OWNERS ARE IN FAVOR OR AGAINST THIS DEVIATION.
I CAN ONLY SAY AS OF TODAY WE HAVE NOT RECEIVED ANY NOTICES BACK IN SUPPORT OF OR IN OPPOSITION OF THIS, UH, PD AMENDMENT REQUEST.
AND IF YOU DON'T MIND CHECKING WITH MR. CARROLL DURING THE BREAK
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TO FIND OUT IF HE RECEIVED ANY PHONE CALLS.UH, QUESTIONING IN FAVOR OPPOSITION.
I CAN ACTUALLY ASK HIM RIGHT NOW.
DID YOU RECEIVE ANY PHONE CALLS FOR THIS CASE? THANK YOU SIR.
ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS ON THIS AGENDA ITEM? ALRIGHT, THANK YOU.
WE'LL GO ON TO OUR NEXT AGENDA ITEM, WHICH IS E THREE.
IT'S A CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL TO AMEN PLAN DEVELOPMENT.
UH, PLAN DEVELOPMENT, EXCUSE ME.
NUMBER 1 45 PD 1 45 IN ORDER TO ALIGN WITH THE CITY OF DESOTOS UPDATED 2024 NS FARM MASTER PLAN.
THE APPLICANT AND PROPERTY OWNER IS THE SEAT OF DESOTO AND THIS IS CASE NUMBER Z DASH 1521 DASH 24.
ALRIGHT, JUST TO GIVE YOU AN OVERVIEW, AND THE REASON I'M GOING OVER THESE TWO, BECAUSE IT MAY SAVE US SOME TIME, YOU KNOW, DURING THE PUBLIC HEARING PROCESS, BUT THIS IS A RETURN CASE.
UH, THIS WAS INITIALLY INITIATED BY THE CITY LAST YEAR.
AT THAT TIME WHEN OUR EX, UH, CITY MANAGER, UM, WAS EMPLOYED WITH THE CITY, HE WAS LEADING THIS EFFORT AND THEY HAD WORKED AND UPDATED THE MASTER PLAN AND CREATED WHAT WAS WE DEEMED AS A 2023 NASH FARMS MASTER PLAN.
THE NEXT STEP AFTER THE COUNCIL APPROVED THAT PLAN REQUIRED THE AMENDING OF PD 45 BECAUSE THE ZONING ON THIS PROPERTY IS A PD IN ORDER TO, UM, DEVELOP THIS PROPERTY.
SO WHEN THIS CASE CAME TO THE CITY, TO THE PNZ LAST YEAR, AND WE SENT OUT OUR NOTICES, IT HAD STRONG OPPOSITION, IT CAME TO THE PNZ AND FOLLOWING THE PUBLIC HEARING, A LOT OF CITIZENS CAME AND EXPRESSED THEIR CONCERNS WITH NOISE, PARKING, LACK OF SCREENING, SEVERAL THINGS.
UH, THE COMMISSIONERS, UH, AT THAT MEETING LAST YEAR, UH, UNANIMOUSLY VOTE BY SEVEN TO ZERO TO MAKE A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL.
THE, AT THAT POINT, CITY MANAGER'S OFFICE STAFF WHO WAS LEADING IT, UH, DID A PUBLIC ENGAGEMENT EFFORT.
UH, THEY GOT THE INFORMATION AS FAR AS THE NOTICES THAT WE RECEIVED.
THEY MADE PERSONAL CONTACTS WITH THEM.
THERE WAS A MEETING, UM, AT THE SITE TO HELP GO OVER PLANS TO HEAR WHAT THE PUBLIC WAS REALLY CONCERNING.
UH, THEIR CONCERNS WERE, AND THIS IS THE PRE, THE, UH, PLAN THAT CAME TO YOU IN, IN JANUARY.
AGAIN, THE COUNCIL APPROVED IN FEBRUARY.
THE ZONING CASE CAME TO YOU IN JUNE.
AND THIS WAS, THAT'S PLANNED THAT ASHLEY SHOWED, PROPOSED AN AMPHITHEATER DID NOT SHOW ANY TYPE OF, UH, MASONRY SCREENING WALLS.
IT DID NOT TRULY DEFINE ANYTHING DEALING WITH PARKING.
BUT THE CITY MANAGER'S OFFICE HEARD WHAT THE RESIDENTS DESIRED, AND A NEW PLAN WAS UPDATED FROM THE TIME THAT JUNE 23RD PUBLIC HEARING CAME TO YOU.
WE HAD TO KEEP RECEIVING THE WRITTEN NOTICES.
WE ARE, THE WRITTEN NOTICES ARE TRULY TO DETERMINE IS IT GOING TO TRIGGER THE NEED FOR A SUPER MAJORITY VOTE OF THE FULL COUNCIL IF 20% OF EITHER THE AREAS BEING REZONED OR THE MEDIA PROPERTY OWNERS OF THE 200 FEET WERE IN OPPOSITION.
SO, WHILE THE P AND Z DENIED IT, WHICH TRIGGERED A SUPER MAJORITY VOTE OF THE COUNCIL MEMBERS PRESENT, REMEMBER THAT WAS A CHANGE.
AFTER THAT TIME, WE KEPT RECEIVING THE OPPOSITION LETTERS AND WE DID A MAP AND IT ACTUALLY TRIGGERED ABOUT 23% OF RESIDENTIAL OPPOSITION OF THE CASE, WHICH THEN TRIGGERED THE REQUIREMENT FOR A SUPERMAJORITY VOTE OF THE ENTIRE COUNCIL GONNA BE SIX TO SEVEN NEEDED FOR THAT CASE.
SO WE CONTINUED OUR DUE DILIGENCE ADVERTISED FOR THE PUBLIC HEARING.
IT WAS STILL SCHEDULED FOR SEPTEMBER THE FIFTH.
ON SEPTEMBER 5TH, CITY MANAGER'S OFFICE, UH, REMOVED AND WITHDREW THEIR APPLICATION BECAUSE THEY REALIZED THAT THEY NEEDED TO AMEND THIS PLAN FOR WHAT THEY HAD HEARD FROM, I'M GONNA SAY AFTER THAT, FROM JULY TO AUGUST.
AND SO THE CITY GOT WITH CONSULTANTS, THEY REVISED THE PLAN.
AND THIS IS A REVISED PLAN, UH, AS YOU WILL SEE
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IT NOW.DEFINITELY HAS MASONRY FENCING, UH, ADJACENT TO THE PROPERTY OWNERS.
WHEN YOU GO DOWN THE EAST SIDE, YOU HAVE BOTH A RETAINING WALL.
RETAINING WALL IS GENERALLY BECAUSE OF YOUR GROUND ELEVATION.
AND THEN ON TOP OF THAT, IT'S GONNA BE THE SCREENING WALL GOING ALL THE WAY DOWN TOWARD THE CREEK.
ON THE SOUTH SIDE, YOU SEE IT REFERENCED A MASONRY FENCE.
THEN THERE'S A SECTION, I GUESS DEALING WITH GROUND ELEVATIONS OF A COMBINATION OF RETAINING FENCE AND MASONRY WALLS.
THEY'VE IDENTIFIED SPECIFICALLY EXPANDED, EXPANDED PARKING, UH, WHICH IS GONNA BE THIS GRAY AREA ON BOTH SIDES.
UH, BEFORE THEY HAD TALKED ABOUT A, A FENCE HERE, BUT THEY EVEN SHOWN A PEDESTRIAN FENCE.
HERE AGAIN, WHAT'S EXISTING IS THE OLD HOUSE, THE MILKING BARN, AND THE CURRENT SHED, THIS RESTROOM WAS NOT A PART OF THE ORIGINAL APPROVED MASTER PLAN, BUT THIS IS ONE OF THE ADDITIONS THAT WERE MADE.
SO THIS IS THE REVISED SITE PLAN.
IT WENT TO, UH, I CALL IT SITE PLAN.
IT WENT TO COUNCIL, COUNCIL APPROVED IT.
SO NOW WE'RE BACK TO THAT SAME STEP.
WE HAVE TO GO THROUGH THE PROCESS TO CONDUCT PUBLIC HEARINGS, TO CONSIDER AMENDING PD IN ORDER TO NOW ALIGN WITH THE NEW MASTER PLAN.
UM, I CAN SAY, LET ME, I DON'T, WHICH WAY AM I GOING, GOING THE WRONG WAY.
SO AGAIN, THE MAP ON THE RIGHT, WE STILL SENT IT OUT TO PROPERTY OWNERS WITHIN THE BLUE, WHICH IS 200 FEET PURPLE, WHICH IS 400 FEET.
AND AS OF EVEN TODAY, WE HAVE NOT RECEIVED A LETTER IN SUPPORT OR IN OPPOSITION OF, I CAN'T SAY WHEN THE CONSIDERATION OF THE AMENDED SITE PLAN CONCEPT PLAN WENT BACK TO COUNCIL, UH, REPRESENTATIVES FROM THE COMMUNITY CAME UP AND EXPRESSED THEIR SUPPORT OF THAT SITE PLAN.
SO WE HAVE TO TAKE THE POSITION FROM THE ZONING.
ALL IS GOOD, BUT THAT'S WHY WE HAVE THIS PUBLIC HEARING AND WE'LL SEE IF RESIDENTS, HOW THEY VOICE THEIR CONCERNS.
BUT STAFF IS RECOMMENDING, UH, UH, YOU KNOW, APPROVAL OF THIS ONE.
ANY QUESTIONS FOR STAFF ON THIS AGENDA ITEM? MR. BELL? I DO HAVE A QUICK QUESTION.
UH, FROM WHAT I SAW, IT LOOKED LIKE THE AMPHITHEATER WENT AWAY.
IS THAT THE ONLY CHANGE? OH, NO, SIR.
THAT WAS WHAT I WAS, UH, GOING THROUGH AND I'LL HIGHLIGHT IT FIRST.
LEMME TAKE YOU TO THE, THE PRIOR ONE YOU SPOKE OF THE AMPHITHEATER.
BUT THIS RENDERING DOES NOT SHOW ANY MASONRY FENCE ANYWHERE ON THE PROPERTY.
BORDERING THE RESIDENTIAL HERE.
SO THEN WHEN YOU GO TO THE PLAN ITSELF, IT IS SHOWING MASONRY FENCES ALL THE WAY AROUND THE NORTH, ALL THE WAY ON THE EAST SIDE, WHERE THERE ARE RESIDENTS.
ALSO, ALSO ON THE SOUTH SIDE, IT IS SHOWING A NEW METAL GATE.
IT IS SHOWING EXPANDED PARKING.
PARKING WAS AN ISSUE OF CONCERN.
SO THEY APPEARED TO HAVE ADDRESSED THE CONCERNS OF THE RESIDENTS.
AND IN YOUR AGENDA PACKAGE, YOU'LL ALSO SEE I INCLUDED, UH, SOME OPERATIONAL GUIDELINES THAT WERE DISCUSSED WITH THE REPRESENTATIVE GROUP, UH, WITH WITHIN THEIR, I'VE INCLUDED THOSE GUIDELINES IN YOUR PACKAGE.
AND, UH, THE ART COMMISSION APPROVED THOSE, UH, AFTER WORKING WITH THE RESIDENTS ALSO.
SO THEY, THEY DID HAND IN HAND.
ARE THOSE PARKING SPACES THERE ALONG THE FRONT OF THAT FENCE? IT APPEARED TO BE SHOWING SOME.
AND WHAT YOU'RE REFERRING TO IS RIGHT HERE.
A PART OF THE ORIGINAL ORDINANCE HAD LANGUAGE IN IT THAT ESTABLISHED A CERTAIN NUMBER OF PARKING SPACES NOT TO GO OUTSIDE OF THE PROPERTY LINES.
WHEN WE GO THROUGH THE REPORT, I'LL HAVE THAT, UH, IDENTIFIED.
MS. BROOKS AND MR. WA JUST, UM, REMEMBERING THE LORD'S OUTCRY AND OPPOSITION FOR THIS CASE.
UM, AND HEARING THAT WE HAVEN'T RECEIVED A LETTER OF SUPPORT OR OPPOSITION IS A LITTLE BIT CONCERNING.
UM, I KNOW FOR THE HAMPTON ROAD CORRIDOR, UH, WE PLACED THE DYNAMIC MESSAGE SIGNS OUT TO INFORM PEOPLE ABOUT THIS CASE.
DID WE DO ANYTHING LIKE THAT FOR NA'S FORM? NO,
[00:35:01]
THEY DID MORE TOUCHING.UH, THEY AGAIN TOOK THE LIST OF OPPOSITIONS.
THEY TOOK THE SIGN IN CARDS, UH, WHEN THE, THE PEOPLE THAT DID THE OPPOSITION AND THEY REACHED OUT AND THEY CONDUCT THEIR PUBLIC MEETINGS THERE.
SO MY, MY, UH, THIS WASN'T NECESSARILY IN YOUR PACKAGE, BUT I'VE CLEARLY LISTED IT'S IN YOUR REPORT.
IT WAS, UH, THE AMOUNT OF PUBLIC ENGAGEMENT THAT, UH, APPEARS TO HAVE SATISFIED THE COMMUNITY, BUT THAT'S WHY WE HAVE THE PUBLIC HEARING, UH, IN ORDER TO HAVE THAT INPUT.
BUT WE HAVE NOT RECEIVED ANYTHING.
AND, AND THE TWO THINGS THAT I RECALL HAVING THE MOST OPPOSITION WAS THE NOISE FROM THE AMPHITHEATER.
THE, UM, HOURS THAT, YOU KNOW, THE NOISE, MAKE SURE FOLKS WERE OUT OF THE NEIGHBORHOOD AT A CERTAIN TIME IN PARKING IN THE NEIGHBORHOOD.
WERE THERE ANY OTHER THAT YOU COULD, THAT, I DON'T KNOW IF YOU ALL DOCUMENTED YES.
SOME OF THOSE CONCERNS, BUT AS YOU SAID, WE TALKED ABOUT THE, THE CONCERN WITH NOISE.
UM, A PART OF COMING TO A A COMMUNICABLE RESOLUTION WAS A SIX FOOT MASONRY FENCE ON REALLY ON THREE THREE OF THE SIDES, UH, PARKING.
WHAT DID THEY DO? THEY, UM, I'M LOOKING AT THE WRONG SLIDE.
THEY CLEARLY ESTABLISHED MORE DEFINABLE AND AS IT SAYS, IT'S GONNA BE 42 SPACES THERE.
BUT AGAIN, I WAS NOT PRESENT, UH, AT THOSE MEETINGS.
THAT WAS LED BY THE CITY MANAGER'S OFFICE.
NOW WE DO HAVE A REPRESENTATIVE FROM STAFF FROM THAT OFFICE WHO CAN GO MORE INTO DETAIL DURING THE PUBLIC HEARING, UH, OKAY.
ABOUT WHAT THEIR EFFORTS WERE AND HOW THEY FELT THEIR SUCCESSFUL.
BUT I SAID, WHEN WE CAME BACK TO COUNCIL WITH THIS PLAN, WE EVEN HAD, UH, I THINK THE REPRESENTATIVE OF THE HOA WHO HAD BEEN IN CLOSE CONTACT WITH US ON THE ZONING, GOT UP AND EXPRESSED, UH, HIS SATISFACTION AND HIS GENERAL GROUP SATISFACTION.
AND DURING THE PUBLIC HEARING, IF STAFF CAN BE PREPARED TO TALK ABOUT WHAT CONSTITUTED WHAT CREATED THE NUMBER OF PARKING SPACES, WHY 42, WHAT TYPE OF PROGRAMMING ARE THEY ANTICIPATING AND DO THEY ANTICIPATE THE 42 PARKING SPACES THAT THEY'VE ADDED TO BE ABLE TO CONTAIN, UM, ZONING STAFF WILL NOT BE ABLE TO ADDRESS THAT.
YOU WILL BE, UH, CAN ASK CITY MANAGER'S OFFICE WHO IS HERE YES.
MY QUESTION WAS, ALONG THE PARKING WHEN THEY WERE HERE, THERE WAS CONCERN ABOUT SPILLOVER INTO THE NEIGHBORHOOD AS FAR AS PARKING.
AND I BELIEVE, UM, THE SOLUTION WAS THAT THEY WOULD BUST OR VAN PEOPLE INTO THE NEIGHBORHOOD.
AND ONE OF THE THOUGHTS IS HOW DO YOU POLICE THAT? BECAUSE PEOPLE CAN PARK WHERE THEY WANT TO PARK.
AND I BELIEVE THEY ALSO HAVE SAID THAT TRASH WAS BEING PUT IN THEIR LAWNS AND VARIOUS THINGS LIKE THAT.
SO THAT'S WHAT MY OTHER AND I SAW IN THE REPORT, UM, THAT THEY ONLY ELIMINATING THE SIX PARKING OR WHATEVER IN FRONT AND THEN THEY EXPANDED.
BUT WHAT I'M WONDERING IS, DID THE UH, RESIDENTS SEEM OKAY WITH THE, THE TOTAL NUMBER OF PARKING SPACES THAT YOU HAVE NOW THAT WOULD ELIMINATE THE SPILLOVER INTO THEIR NEIGHBORHOOD AND THE ISSUES THAT THEY WERE HAVING PRIOR, SPECIFICALLY KNOWING WHAT THE RESIDENTS WERE AMENABLE TO, UH, REQUEST THAT YOU ASK CITY MANAGER'S OFFICE STAFF.
'CAUSE AGAIN, ZONING STAFF DID NOT ATTEND THOSE MEETINGS.
UP HERE ON THE SCREEN, YOU WILL SEE THE SECTION OF THE ORIGINAL ORDINANCE THAT ESTABLISH THE REQUIREMENTS.
SO TOWARD THE END ON THIS SHEET, NUMBER 12 ON STREET PARK, WELL, LET'S GO TO 11.
THE ORIGINAL ORDINANCE FOR THE PD SAID ON ONSITE PARKING ON A PARKING LOT CONSISTING OF NINE SPACES WOULD BE LOCATED TO THE EAST OF THE, UH, VISITOR PAVILION.
ANOTHER PARKING LOT CONSISTING OF TWO SPACES WOULD BE LOCATED ON THE WEST.
THE DRAWING THAT WE SAW JUST WHILE AGO SHOWED, WHAT WAS IT? 42.
THE NEXT SECTION OF THE ORIGINAL ORDINANCE, NO MORE THAN 12 CARS SHALL BE PARKED ON GREEN BROOK ON THE WEST SIDE OF THE STREET ADJOINING NASH FARM, NO ON STREET PARKING SHARE PROJECT BEYOND WHAT I WAS SAYING, THE NORTH AND SOUTH BOUNDARIES.
SO IT LOOKS LIKE THEY'RE JUST SHOWING THE PARKING.
AGAIN, I HAVE TO ASSUME THE CON THE DISCUSSIONS WERE TRULY HELD DURING THOSE MEETINGS WITH CITY MANAGER'S OFFICE AND THAT GROUP.
BUT WE CAN ASK THE REPRESENTATIVE THERE.
AND AS FAR AS THE BUSTING, UM, IT MAY HAVE BEEN ASSOCIATED WITH 13 FOR ANY EVENT THAT SHALL REQUIRE MORE THAN 23 PARKING SPACES, 11 ON SITE AND 12 ON THE STREET
[00:40:01]
PARK SHARE PROVIDED OFFSITE IN AN APPROVED NON-RESIDENTIAL AREA.I'M NOT SURE WHERE THE BUSING CAME IN, BUT THAT IS THE LANGUAGE THAT WAS IN THE ORDINANCE, HOW OPERATIONAL IT WAS GOING TO WORK.
I DON'T RECALL IT NECESSARILY BEING ESTABLISHED OR DEFINED.
ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS ON THIS AGENDA ITEM? ALRIGHT, THANK YOU MS. BREWER.
ALRIGHT, WE'LL TOUCH UPON OUR LAST ITEM ON THE AGENDA, WHICH IS ITEM F1.
UH, DISCUSS AND CONSIDER THE START TIME FOR THE PLANNING ZONING REGULAR MEETING.
MR. BREWER, DURING OUR LAST MEETING, DURING YOUR SIX O'CLOCK, YOU WERE THROUGH IN LESS THAN FIVE MINUTES BECAUSE OF MS. WILLIAMS'S SHORT PRESENTATION,
DOTTED EVERY I CROSSED EVERY T AND IT, UH, DURING THE BREAK THERE WAS A, A DISCUSSION BETWEEN YOUR CHAIR, YOUR VICE CHAIR, THE ATTORNEY AND MYSELF.
AND WE WERE DISCUSSING, UH, THIS IS MY INTERPRETATION FROM WHAT WE HAD JUST SEEN EARLIER, A FIVE MINUTE MEETING.
WAS THERE A NEED TO REALLY REEVALUATE THE NEED FOR A 6:00 PM WORKSHOP, 7:00 PM REGULAR MEETING? AT WHICH TIME WE FIRST CUT OUT STAFF VERBATIM REPEATING THE SAME THING AT THE WORKSHOP AND AT THE PUBLIC HEARING.
SO THAT'S WHY MS. WILLIAMS' PRESENTATION WAS AS EXCELLENT AS THIS WAS.
'CAUSE IT WAS ONLY THAT ONE SENTENCE.
TONIGHT I FIND MYSELF HAVING TO DO SOMETHING DIFFERENT BECAUSE I KNOW THE MAGNITUDE OF THESE TWO CASES THAT I HAVE, I NEED TO GO INTO MORE.
SO WHAT I WAS READY TO RUN WITH AND JUST SHARE AN OPPORTUNITY FOR DISCUSSION.
BUT THE SECTION OF THE ZONING ORDINANCE ESTABLISHES THAT SETTING UP MEETING TIME IS WITH THE CHAIR OR THE VICE CHAIR IN ITS ABSENCE.
THAT'S THE SECTION OF THE ZONING ORDINANCE.
BUT THE PRACTICE HAS BEEN, SINCE I'VE BEEN THE DEPARTMENT DIRECTOR, WE HAVE PLACED AN AGENDA ITEM TO GET THE CONSENSUS OF THE COMMISSION.
AND IT HAS SOMETIMES COME DOWN TO VOTE ON WHAT THE COMMISSION WANTS.
BUT THAT'S WHAT THIS AGENDA ITEM WAS AND IT WAS READY TO COME TO YOU AFTER THE LAST MEETING.
BUT NOW WE SEE A CASE IS DIFFERENT.
SO IT'S JUST HERE FOR DISCUSSION.
WE'LL TAKE WHATEVER PATH YOU DECIDE US TO TAKE.
SO I'LL ECHO UH, WHAT MR. BREWER SAID.
'CAUSE AGAIN, A AS GREAT AS MS. JOY WILLIAMS' PRESENTATION WAS, WE FOUND OURSELVES SITTING AROUND FOR 55 MINUTES BECAUSE THE, THE PROBLEM IS WHATEVER WE POST, WE ARE LEGALLY BOUND TO DO.
UH, SO IF WE SAY IT IS GONNA BE A 7:00 PM MEETING, IT DOESN'T MATTER IF WE FINISH AT 6 0 5, WE HAVE TO WAIT TILL 7:00 PM BECAUSE THE PUBLIC IS ENTITLED TO HAVE PROPER NOTICE.
SO THEY, THEY CAN ATTEND AND PARTICIPATE IF THEY'RE, IF THAT'S THEIR CHOICE.
AND SO MR. BREWER IS ABSOLUTELY CORRECT, MYSELF, MR. RAVENNA, UH, MR. SMITH AND, UH, MR. BREWER, WE ALL DISCUSSED IT AND BASICALLY WE ALSO TALKED ABOUT CITY COUNCIL.
CITY COUNCIL USED TO HAVE WORK SESSIONS AND THEY HAVE ELIMINATED THEIR WORK SESSIONS AND NOW THEY SIMPLY START THEIR MEETINGS AT 6:00 PM AND THE BOTTOM LINE IS, WHETHER IT'S THE WORK SESSION OR THE REGULAR SESSION, YOU'RE GOING TO GET THE OPPORTUNITY TO HEAR THE SAME INFORMATION.
YOU, YOU DON'T GET SHORTCHANGE IF WE ELIMINATE THE WORK SESSION BECAUSE WE'RE GONNA HAVE THE SAME PRESENTATION AND WE'RE GONNA BE, HAVE THE OPPORTUNITY TO ASK THE SAME QUESTIONS, OR THE PUBLIC WILL HAVE AN OPPORTUNITY TO VOICE THEIR SAME OPINION, EITHER IN FAVOR OR IN OPPOSITION OF AN AGENDA ITEM.
SO, UH, THE QUESTION STILL REMAINS, AND I KNOW THIS EVENING IS A LITTLE BIT DIFFERENT, BUT THE QUESTION STILL REMAINS WHETHER OR NOT, YOU KNOW, WE NEED TO CONTINUE TO HAVE WORK SESSIONS, YOU KNOW, FOR THOSE TIMES WHEN BASICALLY, YOU KNOW, WE, WE END AT 6 10, 6 15 OR WHATEVER THE CASE MAY BE, AND THEN WE SIT AROUND FOR 45 MINUTES, ESPECIALLY WHEN IT'S GOING TO HAVE, WE'RE GONNA HAVE THE EXACT SAME OPPORTUNITY DURING THE REGULAR SESSION TO GET THE EXACT SAME INFORMATION.
SO I WILL GO AHEAD AND LET EVERYBODY KNOW, UH, AT MY DISCRETION, UH, MR. BREWER, MR. SMITH, AND MR. REVEREND AND I, WE TALKED ABOUT IT AT MY DISCRETION, I ASKED MR. BREWER TO GO AHEAD AND SET THE NEXT MEETING, UH, NEXT PLANNING ZONING MEETING AT SIX O'CLOCK.
UH, BECAUSE WE NEED TO KNOW, WE NEED TO HAVE, YOU KNOW, A TEST RUN AND SEE, YOU KNOW, HOW THAT'S GONNA GO.
AND STAFF CAN'T GET THE WORD AT THE LAST MINUTE IF THEY'RE GONNA GET PROPER NOTICE.
SO THE NEXT PLAN IS ON THE MEETING, WE'LL START AT SIX O'CLOCK, NOT A WORK SESSION, THE ACTUAL MEETING.
[00:45:01]
WANT TO SOLICIT, I, I KNOW IT'S AT MY DISCRETION, BUT I STILL WANT THE OPINIONS OF THE OTHER SIX COMMISSIONERS TO SEE WHAT YOU THINK.MAYBE SIX O'CLOCK IS THE NEW TIME THAT WE STICK WITH.
MAYBE IT'S SIX 30, I DON'T KNOW.
BUT I DO THINK THAT WE NEED TO ENTERTAIN A CHANGE.
UH, SO I'D BE INTERESTED JUST TO KIND OF GO AROUND THE VIRTUAL TABLE, IF YOU WILL, AND, AND GET EVERYBODY ELSE'S OPINION.
SO MR. BELL, I'LL START WITH YOU.
WHAT DO YOU THINK? UH, I WASN'T EXPECTING SIX O'CLOCK.
UH, I WAS THINKING SIX 30, BUT YOU MADE A VALID POINT THAT WE'RE GETTING THE EXACT SAME PRESENTATION AT SEVEN, SO I'M WILLING TO TRY THE SIX O'CLOCK.
MR. AU, UM, I'M IN FAVOR OF THE 6:00 PM UM, START TIME.
I WOULD JUST LIKE TO SAY THIS EVENING MR. BREWER DID GO MORE IN DEPTH.
I HAD QUESTIONS FOR HIM THAT I COULD'VE CALLED HIS OFFICE AND ASKED HIM BEFORE THE MEETING, BUT I CHOSE NOT TO DO THAT BECAUSE I KNEW WE WERE GONNA HAVE THE WORK SESSIONS.
SO TO MY COMMISSIONERS, I WOULD SAY THEY'RE AVAILABLE IF WE DO HAVE, UH, QUESTIONS BEFORE THE MEETING, WHICH CAN ALSO HELP, HELP US OUT AS WELL.
MS. BROOKS, I'M OPEN TO TRYING A NEW SIX O'CLOCK START TIME.
MR. SHELLEY, UH, I'LL BE THE, I'LL BE THE OPPOSING, UH, VIEW.
I STRUGGLE FRANKLY JUST BECAUSE OF WHERE I WORK TO MAKE IT, UM, TIMELY.
AND SO I WILL DO MY VERY BEST, UH, TO BE HERE BY A SIX O'CLOCK START TIME.
BUT, UM, THAT, THAT'S PART OF WHAT, UH, WHAT I STRUGGLE FOR.
I ALSO THINK THAT WE BENEFIT FROM LISTENING TO EACH OTHER'S QUESTIONS.
I CERTAINLY BENEFIT FROM HEARING YOUR QUESTIONS.
SO IF YOU WERE TO CALL WHILE THEY'RE OF COURSE GONNA ANSWER YOUR QUESTIONS, I BENEFIT FROM HEARING THE QUESTIONS OF, OF THE OTHER COMMISSIONERS.
SO, UM, I'M IN FAVOR OF TRYING IT AND I'LL DO MY BEST TO MAKE SURE THAT I'M NOT TARDY.
AND MR. DUBER, MR. CHAIRMAN, AS SENIOR MEMBER OF THIS BOARD, PROBABLY UH, SIX O'CLOCK WOULD WORK WITH MY BEDTIME A LOT BETTER.
WELL, WE DEFINITELY WANT YOU TO GET TO BED ON TIME, SO
ALRIGHT, WELL, WELL THANK YOU COMMISSIONER.
SO LIKE I SAID, UH, WE WILL DEFINITELY, UH, OUR NEXT MEETING AGAIN PUTTING EVERYBODY ON NOTICE, IT WILL BE AT 6:00 PM THE REGULAR SESSION WILL START AND THEN WE'LL HAVE A FOLLOW UP CONVERSATION.
AGAIN, I'M OPEN TO SUGGESTIONS, UH, IF SIX O'CLOCK WE FIND OUT IT DOESN'T WORK, IS IT SIX 30 OR WHATEVER THE CASE MAY BE, BUT I DEFINITELY THINK WE OUGHT TO AT LEAST CONSIDER AN ENTERTAINER CHANGE.
SO, UH, WITH THAT BEING SAID, UM, IS THERE A VOLUNTEER THIS EVENING, UH, FOR THE PLEASURE OF ALLEGIANCE? ALRIGHT, MR. RAVEN, THANK YOU VERY MUCH.
ALRIGHT STAFF, IS THERE ANYTHING ELSE THAT WE NEED TO TAKE UP? NO SIR.
JUST UNDERSTAND, UH, CHAIRMAN, UH, BEST I CAN'T SAY I'M SORRY.
UH, SHE IS WORKING WITH OUR CONSULTANTS IN THE UM, CORNER THEATER.
TONIGHT IS THE SECOND AND FINAL NIGHT FOR THE ADDITIONAL PUBLIC MEETINGS, SO THAT'S WHY SHE'S NOT WITH US THIS EVENING.
ALRIGHT, IF THERE'S NOTHING ELSE TO TAKE UP, THE TIME IS NOW 6 48.
WE WILL ADJOURN THE WORK SESSION, WE'LL START THE REGULAR SESSION PROMPTLY AT 7:00 PM THANK YOU.
[C. REGULAR SESSION - CALL TO ORDER]
EVENING LADIES AND GENTLEMEN.THE TIME IS NOW 7:00 PM WE'LL WANNA WORK YOU OUT TO THE TUESDAY, APRIL 23RD, 2024 REGULAR SESSION OF THE DESOTO PLAN AND ZONING COMMISSION.
[B. PLEDGE OF ALLEGIANCE]
START OFF BEING BY BEING LED IN THE PLEASURE OF ALLEGIANCE BY VICE CHAIR REV.I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES AMERICA AND IN TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.
YOU MAY BE SEATED FOR THE RECORD, WE DO HAVE A QUORUM.
TO MY RIGHT WE HAVE COMMISSIONER BELL, VICE CHAIR, RAVEN.
NOW TO MY LEFT WE HAVE COMMISSIONER BROOKS, COMMISSIONER ELLI, COMMISSIONER BERRY, AND MYSELF.
UH, SO WE DO HAVE SIX OF THE SEVEN COMMISSIONERS PRESENT.
[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.]
BEING SAID, WE'LL JUMP RIGHT INTO OUR AGENDA.UH, THE FIRST ITEM IS ITEM D ONE A, WHICH IS CONSIDERED APPROVAL OF MINUTES OF THE PLANNING ZONING, REGULAR MEETING OF APRIL 9TH, 2024.
COMMISSIONERS HAVEN'T HAD A CHANCE TO REVIEW THOSE MINUTES.
ARE THERE ANY ADDITIONS, DELETIONS, OR MODIFICATIONS YOU'D LIKE TO SUGGEST AT THIS TIME? ALRIGHT, HEARING IS SEEING NONE.
IS THERE A MOTION? MOVE TO APPROVE.
MR. BERRY HAS MOVED TO APPROVE.
MS. BROOKS HAS SECONDED THAT MOTION.
ANY UNREADINESS HEARING AND SEEING NONE.
ALL IN FAVOR PLEASE YOUR RIGHT HAND AND SAY AYE.
THOSE OPPOSED DO THE SAME AS SAY NAY.
[1. Conduct a Public Hearing and consider making a recommendation to the City Council on a request to amend Planned Development-65 (PD-65) to allow for a retail center with Medical Day Hab and Shell Leasing Spaces. The properties consist of approximately .96 acres of land legally described as being Hampton Crossing, Block 1 Lot 5. The applicant is Danial Rizvi and the owner is Emanuel Ammadi. (Case No. Z-1501-23).]
NOW MOVE INTO THE PUBLIC HEARING PORTION OF OUR AGENDA.BEFORE WE HAVE OUR FIRST PRESENTATION, I WOULD JUST REMIND ALL MEMBERS OF THE PUBLIC IF YOU DO WANT AN OPPORTUNITY TO BE HEARD, EITHER IN FAVOR OR AGAINST A PARTICULAR AGENDA ITEM, PLEASE
[00:50:01]
FILL OUT A COMMENT CARD WITH MR. TRENT CARROLL.HE'S TO MY LEFT, YOUR RIGHT WITH HIS HANDS UP AT THE ENTRANCE TO THE CHAMBERS.
IF YOU'LL FILL OUT A COMMENT CARD AND IF YOU WANNA SPEAK ON EACH AGENDA ITEM, UH, WE HAVE THREE PUBLIC HEARINGS THIS EVENING.
THAT MEANS WE NEED THREE PUBLIC, WE NEED THREE COMMENT CARDS FROM YOU.
SO AGAIN, IF YOU WILL FILL OUT A COMMENT CARD MR. CARROLL.
WITH THAT BEING SAID, WE'RE GONNA GO JUMP TO ITEM E ONE.
I SEE MS. JORDAN WILLIAMS IS READY TO GO.
SO MS. JORDAN WILLIAMS, GOOD EVENING TO YOU.
AND ITEM E ONE IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING RECOMMENDATION TO THE CITY COUNCIL ON A REQUEST TO AMEND PLAN DEVELOPMENT 65.
THAT'S PD 65 TO ALLOW FOR A RETAIL CENTER WITH MEDICAL THEY HAVE AND SHELL LEASING SPACES.
THE PROPERTY CONSISTS OF APPROXIMATELY 0.96 ACRES OF LAND LEGALLY DESCRIBED AS BEING HAMPTON CROSSING BLOCK ONE LOT FIVE.
THE APPLICANT IS DANIEL RIZVI AND THE OWNER IS EMMANUEL IGHT, THIS IS CASE NUMBER Z DASH 15 0 1 DASH 23 AND MS. JOE WILLIAMS. GOOD EVENING TO YOU.
AND MAY WE HAVE OUR STAFF REPORT PLEASE? GOOD EVENING COMMISSIONERS.
ZONING CASE Z DASH 1 15 9 15 9 DASH 24 IS AN AMENDMENT TO PD 65 TO ALLOW FOR A RENTAL RETAIL CENTER AND MEDICAL THEY HAVE AND SHELL LEASING SPACES.
THE SUBJECT PROPERTY IS CURRENTLY ZONED PD 65 WITH A BASE ZONING OF GENERAL RETAIL.
THE PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF EAST WINTER GREEN ROAD AND NORTH HAMPTON ROAD.
THE PROPERTY CONSISTS OF 0.96 ACRES OF LAND.
TO THE LEFT IS THE LOCATION MAP AND TO THE RIGHT IS A ZONING MAP.
THE SUBJECT PROPERTY IS VACANT TO THE NORTH IS WINTERGREEN ROAD AND TO THE SOUTH IS A STORAGE FACILITY.
TO THE EAST IS OUR APARTMENT COMPLEX AND TO THE WEST IS A CAR WASH.
THE FUTURE LAND USE PLAN OF 2024 COMP PLAN IDENTIFIES THE SITE AS SUITABLE FOR DESTINATION MIXED USE.
THE PROPOSED MEDICAL THEY HAVE IS CONSISTENT WITH THE FUTURE LAND USE PLAN OF THE NEWLY ADOPTED 2024 COMP PLAN.
HERE WE HAVE THE PROPOSED SITE PLAN AND HERE IS THE PROPOSED LANDSCAPE PLAN.
HERE IS THE PROPOSED ELEVATION PLAN SHOWING THE WEST AND EAST SIDE OF DEVELOPMENT AND HERE IS THE NORTH AND SOUTH SIDE OF THE ELEVATION PLAN.
THE PROPOSED MEDICAL THEY HAVE AND RETAIL LEASING SPACE ALIGNS WITH THE FUTURE LAND USE PLAN WHICH IDENTIFIES THE SL AS SUITABLE FOR DESTINATION MIXED USE.
ON APRIL 14TH, 2024, PUBLIC NOTICES APPEARED IN DAILY FOCUS.
STAFF MAILED 12 LETTERS TO THE PROPERTY OWNERS WITHIN 200 AND 400 FEET OF THE SUBJECT SITE.
NO LETTERS WERE RECEIVED IN OPPOSITION.
STAFF RECOMMENDS THAT THE PLANNING AND ZONING COMMISSION MAKES A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR PD 65 AMENDMENT TO ALLOW MEDICAL DE HAB AND SHELL LEASE SPACES.
IS THERE ANY QUESTIONS FOR STAFF? THANK YOU MS. JORDAN WILLIAMS. COMMISSIONERS, ANY QUESTIONS FOR STAFF? ALRIGHT, HEARING UNDERSTAND AND DONE? THANK YOU MA'AM.
THE TIME IS NOW 7:05 PM WE'LL NOW TAKE THIS TIME TO OPEN UP THE PUBLIC HEARING ON THIS AGENDA ITEM.
IF THE APPLICANT IS PRESENT, UH, YOU HAVE AN OPPORTUNITY TO COME FORWARD AND ADDRESS THE COMMISSION.
UH, BUT IF YOU DO, I'M NOT, YOU WILL ALSO SUBJECT YOURSELF TO ANY QUESTIONS THE COMMISSION MAY HAVE.
ALSO FOR ANY CONCERNED CITIZEN WHO WANTS TO SPEAK EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM, YOU WILL HAVE THREE MINUTES, UH, TO SPEAK OR ON EITHER ON BEHALF OR AGAINST THE PARTICULAR AGENDA ITEM.
SO AGAIN, THE PUBLIC HEARING IS NOT OPEN.
IS THERE ANYONE WHO WISH TO COME FORWARD AND SPEAK ON THIS PARTICULAR AGENDA ITEM? I'LL ASK ONCE AGAIN AS IT RELATES TO CASE NUMBER Z DASH 15 0 1 DASH BELIEVE THAT'S TWO FOUR.
IS THERE ANYBODY WHO WISH TO BE HEARD ON THIS PARTICULAR AGENDA ITEM? ALRIGHT.
WE WILL TAKE THE OPPORTUNITY TO CLOSE THE PUBLIC HEARING AT 7:06 PM COMMISSIONERS, ARE THERE ANY FURTHER DISCUSSION? IS THERE ANY QUESTIONS? IF NOT, MR. NU YES.
UM, MS. WILLIAMS IS, COULD YOU PLEASE GIVE US THE CORRECT CASE NUMBER? YES SIR.
[00:55:01]
Z DASH 15 1 9 DASH 24.COMMISSIONERS, ANY OTHER QUESTIONS MR. SHELLY? NO QUESTION.
OKAY THEN THAT BASICALLY TELLS ME YOU READY TO MAKE A MOTION
UM, I WOULD LIKE TO MAKE A MOTION IN FAVOR OF ZONING CASE Z DASH 15 1 9 DASH 24, UM, TO APPROVE AS RECOMMENDED BY STAFF.
OKAY, LET MAKE ONE CORRECTION.
UM, AND STAFF, CORRECT ME IF I'M WRONG, THE CASE NUMBER FOR THIS AGENDA ITEM IS Z DASH 15 0 1 DASH 24.
ON THE SCREEN IT'S Z DASH OH 1 5 1 9 DASH 24.
SO WHAT YOU'RE TELLING ME IS DON'T BELIEVE MY LYING EYES.
ALRIGHT, SO LET ME, LET ME GET OFF THIS PACKET.
I AM IN ERROR IS Z DASH 1 15 1 9 DASH 24.
SHE HAS PROPERLY MADE THE MOTION.
ANY QUESTIONS? ANY UN READINESS? ALRIGHT, HEARING IS SEEING NONE.
ALL IN FAVOR? PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.
THOSE OPPOSED DO THE SAME AS SAY NAY.
[2. Conduct a public hearing and consider making a recommendation to the City Council for the applicant's request to amend Planned Development-160 (PD-160) and to obtain a deviation from Section 41.3 "Fences in Residential Areas", Subsection L of the City's Zoning Ordinance in order to install approximately 1000 feet of 6-foot high tubular steel powder coated black fence along the rear and side yards of the single-family residential lots along the west side right-of-way of N. Westmoreland Road in the Creeks of Homestead Addition, Phases 1 & 2 (Homestead East Addition, Phases 1 & 2). The applicant is Wildwood East Development, LTD., and the property owner is Wildwood Development Co. Ltd.]
MOVE ON TO THE NEXT AGENDA ITEM.THIS IS ITEM NUMBER E TWO IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING RECOMMENDATION TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO AMEND PLAN DEVELOPMENT ONE 60, PD ONE 60 AND TO ATTAIN A DEVIATION FROM SECTION 41.3 FENCES AND RESIDENTIAL AREAS.
SUBSECTION A OF THE CITY'S ZONING ORDINANCE IN ORDER TO INSTALL APPROXIMATELY A THOUSAND FEET OF SIX FOOT HIGH TUBULAR STEEL POWDER COATED BLACK FENCE ALONG THE REAR AND SIDE YARDS OF THE SINGLE FAMILY RESIDENT LOTS ALONG THE WEST SIDE RIGHT AWAY OF NORTHWEST MOLAND ROAD IN THE CREEKS OF HOMESTEAD EDITION PHASES ONE AND TWO, HOMESTEAD EAST EDITION PHASES ONE AND TWO.
THE APPLICANT IS WILDWOOD EAST DEVELOPMENT LTD AND THE PROPERTY OWNER IS WILDWOOD DEVELOPMENT COMPANY LTD.
AND GOOD EVENING TO YOU MR. BREWER.
MAY WE HAVE OUR STAFF REPORT PIECE? YES SIR.
ON NOVEMBER 15TH, 2016, THE CITY COUNCIL APPROVED ORDINANCE 2066 DASH 16 CREATING THE PLAN DEVELOPMENT ONE 60 WITH A BASE ZONING OF SINGLE FAMILY 10 ON APPROXIMATELY 102 ACRES OF LAND LOCATED SOUTH OF WEST DANIELDALE ROAD, EAST OF NORTHWEST MOLAND ROAD.
THE PURPOSE OF THIS PLAN DEVELOPMENT WAS TO CONSTRUCT A PROPOSED GATED COMMUNITY DEVELOPMENT FOR SINGLE FAMILY RESIDENTS ON LOTS OF NOT LESS THAN 10,000 SQUARE FEET.
THIS DEVELOPMENT WOULD INITIALLY CONSIST OF TWO PHASES, PHASE ONE WHICH WOULD CONTAIN 103 LOTS AND PHASE TWO, WHICH WOULD CONTAIN 173 LOTS.
THAT APPROVED ORDINANCE ESTABLISHED THE FOLLOWING, THAT THE PROPERTY WOULD BE DEVELOPED IN ACCORDANCE WITH THE SF 10 ZONING REGULATIONS.
THE MINIMUM DWELLING SIZES WILL BE 2,500 SQUARE FEET INSTEAD OF 2000 SQUARE FEET AS REQUIRED BY THE SF 10 DWELLING.
NO TREE SURVEYING SHALL BE REQUIRED.
NO ALLEY SHALL BE REQUIRED WITHIN DEVELOPMENT.
A SIX FOOT MASONARY WALL SHALL BE CONSTRUCTED ALONG THE NORTH PROPERTY LINE ADJOINING WEST DANIELDALE ROAD.
THE MISSIONARY WALL SHALL BE MAINTAINED BY THE HOMEOWNER ASSOCIATION.
THE DEVELOPER SHALL CONSTRUCT A RIGHT TURN LANE OFF OF DANIELDALE AT THE WEST ENTRANCE TO THE DEVELOPMENT.
A MANDATORY HOA SHALL BE ESTABLISHED AND CREATED TO ASSUME AND BE RESPONSIBLE FOR THE CONTINUOUS AND PERPETUAL OPERATION OF THE SUBDIVISION AND THE MAINTENANCE OF AND SUPERVISION OF THE COMMON PROPERTIES, INCLUDING BUT NOT LIMITED TO THE BRICK WALLS, TO REALLY STEEL FINS, LANDSCAPING AND IRRIGATION SYSTEM, DETENTION POND, AND ALL OTHER COMMON AREAS IN THE SUBDIVISION.
ON AUGUST THE FOURTH, 2020, THE CITY COUNCIL APPROVED ORDINANCE 2201 DASH 20 AMENDING AND RESTATING PD 20 BY ADDING AN ADDITIONAL 52.421 ACRES TO THE SINGLE FAMILY RESIDENTIAL DEVELOPMENT SITE WITH APPROXIMATELY 16.251 ACRES OF THIS 52.421 ACRE TRACK OF LAND TO BE ESTABLISHED AS HOMESTEAD WEST AND THE REMAINING 36 POINT 17 ACRES TO BE ESTABLISHED AS HOMESTEAD EAST.
SOME OF THE DEVELOPMENT CONDITIONS ASSOCIATED WITH HOMESTEAD WEST ARE SHOWN THIS MINIMUM SIZE LIVES WOULD ALSO BE SF 10, WHICH WAS THE SAME THING FOR PHASE ONE AND TWO.
MINIMUM DWELLING SIZE IS THE SAME.
2,500 SQUARE FEET MINIMUM LOT WIDTH WOULD BE 76 POINT 50 FOR CERTAIN LOTS IN BLOCK O LOTS TWO, THREE, AND FOUR.
AND THE GARAGES WERE GONNA BE ALLOWED TO, UM, FACE FRONTING ON 80% WITH THE REMAINING BEING J SWINGS SOME OF THE DEVELOPMENT CONDITIONS ASSOCIATED WITH EAST HOMESTEAD EAST, THAT ZONING DISTRICT WOULD HAVE A BASE ZONING OF SF EIGHT, MINIMUM SQUARE LOT SIZE WOULD BE 6,000 SQUARE FEET WITH 60 FEET FRONT SETBACK, 20 FEET INTERIOR SIDE SETBACK,
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FIVE FEET REAR SETBACK 10 FEET AND FRONT FACING GARAGE WOULD BE ALLOWED ON 100% OF THE LOTS.THE CITY ZONING ORDINANCE SECTION 34.3 PLAN DEVELOPMENT REQUIREMENTS ESTABLISHES IN SECTION B IN THE PD DISTRICT.
USAGES SHALL CONFORM TO THE STANDARDS AND REGULATIONS OF THE BASE ZONING DISTRICT TO WHICH IT IS MOST SIMILAR AND OR THE DISTRICT AUTHORIZED IN THE PD APPROVAL.
THE BASE ZONING DISTRICT OR DISTRICT SHALL BE STATED IN THE GRANTING ORDINANCE.
ALL APPLICATIONS TO THE CITY SHALL LIST ALL REQUESTED DEVIATIONS FROM THE STANDARD REQUIREMENTS SET FORTH THROUGHOUT THIS ORDINANCE.
WITH APPLICATIONS WITHIN THIS LIST WILL BE CONSIDERED.
APPLICATIONS WITHIN THIS LIST WILL BE CONSIDERED INCOMPLETE.
THE PLAN DEVELOPMENT DISTRICT SHALL CONFORM TO ALL OTHER SECTIONS OF THE ORDINANCE UNLESS SPECIFICALLY EXCLUDED IN THE GRANTING ORDINANCE.
SECTION 41 FENCING WALLS AND SCREENING REQUIREMENTS.
SUBSECTION 31.3 FENCES IN RESIDENTIAL AREA SECTION A READS IN CASES WHERE THE REAR OR RESIDENTIAL LIGHTS ARE ANY ALLEY ADJO STREET, THE DEVELOPER MUST CONSTRUCT A SIX FOOT HIGH MASONRY SCREENING WALL ADJACENT TO ROADWAYS WITHIN A FIVE FOOT WIDE MASONRY EASEMENT.
IN CASES WHERE THERE WILL BE AN ALLEY TO THE REAR OF THE RESIDENTIAL LOTS, WHICH WILL ADJOIN THE STREET, THE MASONRY WALL NEEDS TO BE CONSTRUCTED ON THE OUTSIDE OF THE ALLEYS RIGHT OF WAY ADJACENT TO THE STREET.
THIS WALL MUST BE CONSTRUCTED PRIOR TO THE ACCEPTANCE OF THE SUBDIVISION.
THE SCREENING WALL MUST BE ON THE INSIDE OF ANY REQUIRED LANDSCAPING, SUCH THAT THE LANDSCAPING IS BETWEEN THE STREET AND THE WALL.
THIS WALL MUST BE ON AND MAINTAINED BY THE HOA AND THIS ADDED NODE GIVES REFERENCE THAT THIS SECTION OF THE CODE WAS ADDED FEBRUARY THE SEVENTH, 2017 BY ORDINANCE 2075 DASH 17.
I PRESENT TO YOU ON YOUR SCREEN A COPY OF THE ORIGINAL, EXCUSE ME, A COPY OF THE ORDINANCE THAT WAS PASSED IN 2020.
UH, TO GIVE YOU AN OVERALL VIEW, UH, AFTER THE AMENDMENTS THAT ADDED, AGAIN, PHASE ONE BOARD IS DANIELDALE.
PHASE TWO IS THIS B SHAPE UNDER PHASE ONE.
PHASE THREE IS THIS LOWER SECTION WHERE THIS SIDE IS WEST AND THIS SIDE IS EAST.
AND THE OTHER ORDINANCE THAT WAS ADDED ADDED WHAT WAS INITIALLY CALLED HOMESTEAD EAST PHASES ONE, WHICH IS THE LOWER ONE AND PHASES TWO, WHICH IS THE TOP ONE.
AND THEN JUST FOR REFERENCE, UH, THIS OPEN SPACE AT THE TOP IS THE DEVELOPER'S COMMERCIAL TRACK OF LAND.
THIS IS A, A BETTER COLOR RENDITION.
UH, AFTER ANOTHER ORDINANCE CHANGED, UM, A PD REQUEST, THIS ACTUALLY, UH, CHANGED THE DENSITY SIZE FOR THE LOTS WITHIN PHASE THREE ON THE WEST SIDE.
IT ALSO HAD AN EXTENDED DEAD END STREET FOR EXPANSION OF THE PROPERTY TO THE WEST.
AND THEN REFERENCING WHAT WE'RE TALKING ABOUT TONIGHT IS AGAIN REFERENCING THIS PROPERTY THAT BORDERS DANIEL DALE ROAD.
AGAIN, THE RED OR ORANGE IS PHASE ONE, AND THE LIGHTER ORANGE ON TOP IS PHASE TWO.
AS YOU WOULD SEE, THERE ARE TWO ENTRANCES INTO PHASE ONE.
AND TO GET INTO PHASE TWO, YOU HAVE ONE ENTRANCE OFF OF DANIELDALE CONNECTIVITY TO PHASE ONE.
THE PRELIMINARY PLAT, UM, WAS APPROVED BY THE PLANNING AND ZONING OF CITY COUNCIL, UH, FOR PHASE ONE.
UH, AFTER PRELIMINARY PLAT WAS FILED, THE UH, DEVELOPER DID SUBMIT CIVIL PLANS.
THEY WERE REVIEWED AND APPROVED BY THE CITY AND THEY, UH, PROCEEDED WITH CONSTRUCTION.
CONSTRUCTION HAS BEEN COMPLETED AND THE FINAL PLAT HAS BEEN APPROVED AND FILED AT THE DALLAS COUNTY CLERK'S OFFICE.
THIS ILLUSTRATION IS HOMESTEAD PHASE.
OH, LET ME ALSO NOTE THE NAME CHANGE.
A NAME CHANGE DID OCCUR AGAIN.
THE PRELIMINARY PLAT WAS HOMESTEAD EAST PHASE ONE, AND NOW IT IS CALLED BY THE FINAL PLAT CREEKSIDE AT HOMESTEAD PHASE ONE AND TWO.
SO THEY'RE ALSO PROPOSING TO CHANGE THE NAME FOR THE PRELIMINARY PLAT OF PHASE TWO, WHICH IS AUTHORIZED.
ON THE SCREEN, YOU'LL SEE THE PRELIMINARY PLAT FOR PHASE TWO.
THAT IS CURRENTLY UNDER CONSTRUCTION AGAIN WITH WEST MOLAND.
AT THIS POINT, IT'S RUNNING NORTH TO THE WEST OF THE SCREEN.
IT SHOWS THE ONE ENTRANCE OFF OF THIS AREA.
I PRESENT TO YOU NOW THE DEVELOPER'S, UH, LAYOUT PLAN FOR HIS FENCING WITH THE NICE CASE DEALING WITH A, UH, UH, DEVIATION TO THE SCREENING WALL.
UM, MY ARROW IS SHOWING THE NORTHERNMOST SECTION OF PHASE TWO, AS YOU SAID, DANIEL DALE IS GOING TO BE, UH, ON THE LEFT SIDE, UH, NORTH IS GOING, UH, TO THE RIGHT OF THE SCREEN.
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UH, YOU'LL SEE IN RED THE PROPOSED FENCING GOING ALONG THE SHARED PROPERTY LINE OF THE PROPERTY OWNER'S PROPERTY AS WELL AS THE CITY'S PUBLIC WEST SIDE RIGHT OF WAY.THIS ILLUSTRATION THEN CONTINUES TO THE NEXT LINE.
THAT'S THE FIRST ENTRANCE INTO PHASE TWO.
UH, THE RED LINE IS THE FENCE CONTINUING ON DOWN SOUTH.
UH, THIS LITTLE DETAIL HERE IS SHOWING YOU, UH, THESE NEXT, THIS SHEET AND THE NEXT TWO HAVE BEEN BROKEN UP INTO, UH, AREAS A, B, C, D, AND E.
THE TOP ONE IS A, THE SECOND ONE IS B, AND THE ADDITIONAL SHEETS WILL BE THE C, D AND E.
THE ONE ON THE TOP, UH, YOU WILL SEE IS A CONTINUATION, UH, GOING UH, INTO, UM, FURTHER SOUTH.
UM, WE SPOKE ABOUT IN, IN THE, UM, IN YOUR WORKSHOP SESSION, UH, A CONVERSATION CAME UP ABOUT THE TRAIL.
THIS DRAWING IS SHOWING WHERE THE DEVELOPER IS PROPOSING THAT TRAIL TO COME OUT TO GO SOUTH OR NORTH.
UH, THEN CONTINUATION ON THE NEXT LEVEL.
THIS IS THE EXIT AND ENTRANCE, UM, RIGHT OF WAY GOING INTO THE NORTHERN MOST PART OF, I WOULD STILL CALL IT HOMESTEAD EAST PHASE ONE, WHICH IS CREEK SIZE HOMES, PHASE ONE, CONTINUING IT ON SOUTH.
AND THIS IS THE FINAL SHEET SHOWING THE CONTINUATION OF THIS RED FENCE LINE PAST THE SOUTHERNMOST INTEREST STREET CONTINUING WHERE THIS SUBDIVISION STOPS RIGHT NEXT TO THE ENCLAVE AT AT THORN TREE.
UM, IT'S IMPORTANT TO LOOK AT THIS ILLUSTRATION DRAWING HERE.
THIS IS WHAT THE APPLICANT IS PROPOSING FOR THIS CONTINUOUS SIX FOOT HIGH, UH, POTTERED METAL SCREEN, UH, STEEL FENCING.
THIS IS THE, UH, THE DEVELOPER'S RENDERING.
AS I MENTIONED EARLIER, THE ILLUSTRATION, AND I JUST SHOWED YOU THE DETAIL, DID NOT ACTUALLY SHOW THIS AESTHETIC CONCRETE WALL.
UH, THIS WILL PROBABLY NEED TO BE A QUESTION TO THE DEVELOPER.
IS HE TRULY PROPOSING TO DO ANY OF THESE, OR WILL IT BE STRICTLY LIKE THE, UM, DETAIL PLAN SHOW? WE WILL NEED TO KNOW THIS IN ORDER TO KNOW THE CORRECT LANGUAGE TO PUT IN THE ORDINANCE.
THAT'S GONNA GO TO THE CITY COUNCIL.
UH, AFTER YOU CONCLUDE THIS PUBLIC HEARING.
UH, DURING THE, UH, WORKSHOP, A QUESTION WAS ASKED JUST FOR REFERENCE, UM, THE PEDESTRIAN WITH THE, THE LADY WITH THE RED JACKET AND THE DOG IS WALKING NORTHBOUND AND HER VISION RIGHT NOW ISN'T, WOULD BE INTO THE REAR OF THIS, UH, PHASE ONE AND PHASE TWO DEVELOPMENT SITE.
THE STREET NORTHWEST MOLAND IS ON THIS OUTER SIDE OF THE PROPOSED OF THE TREES.
I'VE GIVEN YOU, UH, SEVERAL PHOTOS.
I'LL LET YOU SEE THE CURRENT CONDITION.
UM, AND YOU CAN SEE THOSE TREES THAT WE ARE JUST TALKING ABOUT.
AND THIS, I'M ACTUALLY SOUTH END, LOOKING NORTH TO DANIELDALE.
SO THIS IS THE SOUTHERN MOST LOOKING NORTH.
THIS IS THE FIRST SOUTHERNMOST STREET.
AGAIN, LOOKING NORTH ON THE SECOND PHOTO, I'M ACTUALLY LOOKING SOUTH.
THIS IS THE SOUTHBOUND LANE HERE.
THIS NEXT PICTURE IS, I MENTIONED EARLIER, YOU HAVE THE SEPARATE ENTRANCE AND EXIT GOING INTO PHASE ONE.
IF YOU TURN LEFT, YOU STILL HAVE A PORTION THAT'S IN PHASE ONE, AND THEN THE CONSTRUCTION STARTS WITH PHASE TWO, WHICH IS FURTHER NORTH OF THIS SITE.
AND THEN THE PHOTO ON THE RIGHT IS LOOKING SOUTHBOUND ON THE SOUTHBOUND LANE AT THE NORTHERNMOST POINT OF PHASE TWO TO SHOW WHAT I, UM, EXISTS OUT ON THIS VERY ROAD.
I'VE GIVEN YOU SOME PHOTOS TO JUST BECOME AWARE OF.
UH, THIS IS THE PHOTO OF THE FIRST SUBDIVISION SOUTH OF THIS, UH, CREEKSIDE SUBDIVISION, AND IT'S CALLED THE ENCLAVE A THORNHILL.
AND AS YOU COULD SEE, THEY ALSO HAVE A POWDER BLACK ROD, IRON TYPE FENCING ALONG THIS ENTIRE, UM, EAST SIDE PROPERTY LINE WEST OF THE PUBLIC ROAD.
CONTINUING ON SOUTH, ON THE EAST SIDE OF THE STREET IS CLUB PARK, AND AS YOU SEE, THEY ACTUALLY HAVE A, A BRICK MASONRY TYPE SCREENING WALL FOR THEIR SUBDIVISION RIGHT IN THE COMMUNITY.
I WAS ABLE TO FIND A ANOTHER STEEL FENCE
[01:10:01]
SET UP AS A PERIMETER FENCING, AND THIS WAS FOR 10 MILE CREEK.THIS SUBDIVISION, UH, EXISTS ON IT BORDERS, DUNCANVILLE ROAD AND PLEASANT RUN, NORTH DUNCANVILLE ROAD AND WEST PLEASANT RUN.
UM, THERE WAS A QUESTION THAT CAME UP, UM, COMMISSIONER ANNELL, UH, HUSTLE TO TRY TO GO BACK TO MY FILES.
UM, WHAT I WAS ABLE TO FIND ABOUT THAT PARTICULAR SUBDIVISION WAS AGAIN, THAT THE ORIGINAL SUBDIVISION ORDINANCE WAS APPROVED IN 2001.
I DID FIND I HAD IT IN THE FILE FOLDER WHERE IT WENT TO PLANNING AND ZONING FOR A LATER AMENDMENT IN 2005.
SO IT LOOKS LIKE IT WENT TO THE PLANNING AND ZONING COMMISSION ON NOVEMBER THE FOURTH, 2005.
UH, I DON'T HAVE THE RESULTS OF THAT ACTION.
UH, LOOKING IN OUR, UH, SOFTWARE, WE USE AGENDA QUICK.
IT ONLY ALLOWED ME TO GO BACK TO 2014, NOT THAT FAR BACK.
SO I WOULD HAVE TO DO A LOT MORE RESEARCH TO DETERMINE WE HAVE MINUTE MEETING MEETING MINUTES, BUT I HAVE TO GO THROUGH THAT.
BUT TO BE ABLE TO, TO SPECIFICALLY ASK YOUR QUESTION OF WHAT VOTE THE P AND Z DID FOR THIS PARTICULAR SUBDIVISION, I WOULD NOT BE ABLE TO TELL YOU AT THIS POINT.
BUT LOOKING AT THE BACKING OF THE ORDINANCE, THE ORIGINAL ORDINANCE WAS IN 2001.
THERE WAS AN AMENDMENT IN 2003 AND 2005 IS THE ORDINANCE THAT INCLUDES THEIR FENCING.
IT WASN'T DONE AS A DEVIATION, IT WAS DONE AS A PART OF THEIR LANDSCAPING AREA.
AND AS I WOULD STATE, UM, LATER, THAT SECTION OF THE CODE THAT REQUIRED THE MASONRY WALL WAS NOT CREATED BY THE CITY UNTIL 2017.
THIS IS THE SAME SUBDIVISION BY SHAMIR HOLMES, UH, 10 MILE CREEK, PHASE THREE A.
THIS IS THE FRONTAGE ALONG WEST PLEASANT RUN.
UH, THIS DEVELOPER HAS BUILDING THE CITY.
THIS IS HIS DEVELOPMENT DOWN OFF OF COCHLEAR HILL AND PARKVILLE.
AND AT THAT SUBDIVISION, HE HAS INCLUDED A, UH, MASONRY WALL PUBLICATION REQUIREMENTS.
THE PUBLIC HEARING NOTICE WAS PUBLISH IN THE CITY'S PAPER, GENERAL CIRCULATION, THE FOCUS DAILY NEWS ON APRIL THE SEVENTH, 2024.
PUBLIC HEARING NOTICES WERE ALSO MAILED TO PROPERTY OWNERS WITHIN 200 400 FEET OF THIS PROPERTY.
AS OF APRIL 19TH, STAFF HAS RECEIVED NO NOTICES IN SUPPORT OF OR IN OPPOSITION OF THIS PD REQUEST.
STAFF RECOMMENDS THAT THE PLANNING IS UNDER COMMISSION, CONDUCT A PUBLIC HEARING AND MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO AMEND PD ONE 60 AND TO OBTAIN A DEVIATION FROM SECTION 41.3 THISS IN RESIDENTIAL AREAS, SUBSECTION L OF THE CITY'S ZONING ORDINANCE IN ORDER TO INSTALL APPROXIMATELY 1000 FEET OF SIX FOOT HIGH TUBULAR STEEL, POWDERED COATED, COATED BLACK FENCE ALONG THE REAR AND SIDE YARDS OF THE SINGLE FAMILY RESIDENTIAL LOTS ALONG THE WEST SIDE, RIGHT OF WAY OF NORTHWEST MOLAND IN THE CREEKS OF HOMESTEAD EDITION FACES ONE AND TWO, ALSO KNOWN AS HEMPSTEAD, EAST HEMPSTEAD, HOMESTEAD, EXCUSE ME, EAST FACES ONE AND TWO AS PRESENTED.
STAFF WILL ADDRESS ANY QUESTIONS OR CONCERN.
THE APPLICANT DOES HAVE A REPRESENTATIVE HERE TO SPEAK ON THEIR BEHALF.
COMMISSIONERS, ANY QUESTIONS FOR STAFF? UH, MR. RAVEN? NO, GO AHEAD.
SO THANK YOU MR. BREWER FOR GETTING THAT INFORMATION FOR ME.
I JUST WANT TO GO BACK OVER IT JUST TO MAKE SURE THAT I'M, I'M CLEAR.
UH, THE PARTICULAR NEIGHBORHOOD THAT QUOTE APPEARS TO HAVE A DEVIATION, REALLY DOES NOT HAVE A DEVIATION BECAUSE THIS WAS DONE.
UH, THE FENCING WAS THE ORDINANCE FOR THE FENCING WAS DONE IN 2005.
IS THAT CORRECT? SPECIFICALLY? I WENT BACK AND I ACTUALLY HAD A FILE ON THIS, THIS PARTICULAR SUBDIVISION AND THE ORDINANCE THAT ESTABLISHED THE STEEL FENCING WAS ORDINANCE NUMBER 1649 DASH FIVE.
THE LAST TWO NUMBERS GIVE US REFERENCE OF THE YEAR THAT IT WAS PASSED 2005, READING THE LANGUAGE IN THE ORDINANCE.
IT WAS NOT DONE BY A DEVIATION REQUEST.
THERE IS A PARAGRAPH SECTION N THAT TALKS ABOUT LANDSCAPING, AND IT DOES SPEAK ON THE LANDSCAPING PLAN, SHALL PROVIDE FOR A TUBULAR STEELED POWDER COATING PAINT FENCE.
SO IT WASN'T DONE BY DEVIATION.
THE ORDINANCE DID NOT GET CREATED TO 2017.
BECAUSE WHEN I LEFT THE WORK SESSION, I WAS THINKING PERHAPS THIS PARTICULAR DEVELOPER HAD GOTTEN A DEVIATION.
SO THE NEW ORDINANCE WENT INTO EFFECT 2017, YOUR RECORDS, YOU WERE ABLE TO GO BACK TO 2014, IS WHAT I'M HEARING? YES, SIR.
[01:15:01]
OKAY.SINCE THE NEW ORDINANCE HAS BEEN PUT INTO EFFECT, THERE HAVE BEEN NO REQUEST FOR DEVIATIONS OR THE COUNCIL HAS NOT APPROVED ANY DEVIATIONS.
IS THAT CORRECT? I'VE ONLY BEEN THE DEVELOPMENT SERVICES DIRECTOR SINCE MARCH, 2022.
I CAN ONLY SPEAK FROM THAT POINT FORWARD.
I CANNOT SPEAK FROM 22 BACK TO WHEN THE ORDINANCE WAS PASSED IN 2017 DURING THAT FIVE YEAR PERIOD.
BUT DURING MY TENURE THERE, UH, THIS WILL BE THE FIRST.
THE TIME IS NOW, UH, 7:27 PM WE'LL TAKE THE OPPORTUNITY NOW TO OPEN UP THE PUBLIC HEARING ON THIS AGENDA ITEM.
UH, I, I WAS, I KNOW THE APPLICANT IS HERE, SO IF THE APPLICANT WISH TO COME FORWARD, IF YOU WOULD PLEASE STATE YOUR NAME AND YOUR CITY OF RESIDENCE.
UH, MY NAME IS MATTHEW KRUEGER WITH WILDWOOD DEVELOPMENT, UH, HERE IN DESOTO.
UM, I LIVE IN IRVING, TEXAS CURRENTLY.
UM, BUT I DID WANNA TAKE THE, UH, TIME THIS EVENING, UH, WITH STEVEN EURICH HERE, UM, HEAD OF ENTITLEMENTS TO GO OVER THE REASONS FOR THIS, THE REQUEST FOR THIS DEVIATION.
UM, AND TO, TO START OFF, WHAT I'M GONNA PRESENT HERE, UH, WHERE I'M PRESENTING TO THE LEFT HERE IS THE FIRST TIME WE'VE PRESENTED THIS PUBLICLY, UM, AND HAS NOT BEEN SUBMITTED TO THE CITY AS OF YET, BUT IT IS THE ADDITION OF THE ROY ORE TRAIL, UM, FOR, FROM WHERE IT, UH, CURRENTLY ENDS JUST SOUTH OF, UM, WINTERGREEN ROAD, JUST EAST OF WESTMORELAND ROAD, UM, UP THROUGH, UM, UP ALONGSIDE, UH, CLUB PARK, UH, THROUGH THE, UH, CHURCH PROPERTY TO THE NORTH UP ALONG WESTMORELAND ROAD, UM, ON THE EAST SIDE OF WESTMORELAND ROAD, UH, CROSSING OVER WESTMORELAND ROAD, UM, JUST NORTH OF THE ENCLAVE, UM, TO THE, TO THE WEST SIDE OF WESTMORELAND, UP NORTH THROUGH, UM, HOME CREEKS OF HOMESTEAD, WHICH, WHICH I'LL DISCUSS HERE IN A SECOND.
UM, AND THEN THROUGH THE HOMESTEAD SUBDIVISION, UM, THEN NORTH UP THROUGH DANIELDALE, UP ALONG THE COMMERCIAL AREA, UP DANIEL DALE ROAD, UP TO DANIEL DALE ROAD ACROSS DANIEL DALE ROAD, UH, INTO PD 1 21, WHICH IS DESOTO PROFESSIONAL PARK, UH, THROUGH THE 80 ACRES THERE ALL THE WAY NORTH TO WILLIAMSBURG.
UM, AND THEN UP THE ESPLANADE ALONG WILLIAMSBURG TO JUST SOUTH OF, UH, WHEATLAND ROAD.
SO A LOT OF THE CHANGES THAT WE'RE ASKING FOR HERE IS TO BE CONSISTENT, UH, WITH THE DESIGN PLANS FOR THE EXPANSION OF, UM, THE ROY OR TRAIL.
UH, WE'RE LOOK AS, AS PART OF OUR DEVELOPMENT AGREEMENT, UH, WITH THE, UH, PUBLIC IMPROVEMENT DISTRICT.
UH, WE ARE REQUIRED TO PUT IN, UM, AROUND FOUR MILES WORTH OF TRAILS.
SO THERE'S A SIGNIFICANT OFFSITE PORTION TO THE ROYALE EXPANSION, UH, THAT GOES, UM, OUTSIDE THE LIMITS OF, UH, PD ONE 60 AND THE AMENDMENT TO PD ONE 60.
BUT WE WANT EVERYTHING WE'RE DOING WITHIN, UM, WITHIN THE TRAIL SYSTEM TO BE CONSISTENT.
SO, UH, THE SAME ROD IRON STYLE FENCE IS THE SAME, UM, THE, THE SAME LOOK AND FEEL.
UH, WE WANT TO CONTINUE ALL THE WAY NORTH FROM WINTERGREEN ROAD, ALMOST ALL THE WAY TO, UH, WHEATLAND ROAD.
UM, NOW GETTING SPECIFIC TO, UH, HOMESTEAD, UH, CREEKS OF HOMESTEAD AND, AND ALONG THE EAST SIDE OF WESTMORELAND ROAD.
AND, AND WHY WE'RE LOOKING FOR A VARIANCE FROM A MASONRY WALL TO A, UM, WROUGHT IRON, UM, I'M SORRY, A TUBULAR METAL STEEL, UM, FENCE, UH, IS ONE, IS, IS, UH, IS FIRST A SAFETY ISSUE, UM, ULTIMATELY WITH AN EIGHT FOOT WIDE TRAIL, UH, BETWEEN THE, THE STREET AND A MASONRY WALL.
UM, ULTIMATELY, UH, IF SOMEBODY IS INJURED, IF, IF, IF SOMEBODY GETS HURT, IF SOMEBODY HAS A MEDICAL EMERGENCY, UM, IT'S REALLY HARD TO SEE, UH, BETWEEN THE TREES, UM, AND THE SHRUBS WE'LL BE PUTTING IN AND A MASONRY WALL.
UH, WE JUST FEEL FROM A SAFETY PERSPECTIVE, UM, IT MAKES A, A LOT OF SENSE, UM, AS WELL AS ALONG WESTMORELAND ROAD AND MR. BREWER, UM, CAN I CHANGE THE SLIDE? SO I JUST WANT TO, UM, MAKE ONE THING CLEAR, UM, ON AS TO WHAT WE'RE PROPOSING HERE ON, UH, SLIDE 15.
ON THE, UH, WESTMORELAND SIDE, WHICH IS THE LEFT SIDE OF THE PHOTO HERE, YOU SEE THE TREES, WHICH ARE THE EXISTING CEDAR TREES ALONG WESTMORELAND ROAD, WHICH WE DO NOT WANT TO REMOVE.
WE WANT TO KEEP THOSE CEDAR TREES.
UH, WE ARE PUTTING, UH, SIX FOOT NEL ER STEVENS, UH, BETWEEN THOSE TREES TO PROVIDE SCREENING AND SOUND BUFFERING FROM WESTMORELAND ROAD.
SO, UH, WHAT YOU MAY SEE, WHAT THE
[01:20:01]
INDIVIDUAL MAY SEE, UH, FROM THE TRAIL IS NOT NECESSARILY VISIBLE FROM THE ROAD, UH, DUE TO THE INSTALLATION OF, OF THOSE SHRUBS, UM, AND ADDITIONAL TREES IF NECESSARY, NECESSARY.ALONG THAT, YOU CAN SEE ON, ON THE, THE PLAN THERE, YOU SEE, UM, SOME NEW TREES THAT WE'LL BE ADDING IN SHRUBS AS WELL AS THE SHRUBS THAT WE'RE PUTTING IN BETWEEN THE EXISTING CEDAR TREES ALONG WESTMORELAND ROAD.
SO WE'VE BEEN, WE'VE DONE, UM, A LOT IN THE RETAINING WALLS AND IN, IN THINGS THAT WE'VE DONE WITHIN HOMESTEAD TO TRY TO PRESERVE AS MANY TREES AS POSSIBLE TO TRY TO MAKE AS MUCH EXPANSIVE GREEN SPACE.
YOU SEE THE GREEN SPACE, UH, ALONG THE CREEK, UH, WHERE THE TRAIL'S RUNNING, UH, WITHIN PD ONE 60, RIGHT IN THE CENTER OF HOMESTEAD.
UM, WE'VE TRIED TO SAVE AND, AND, AND, UH, UH, CULTIVATE AS MANY TREES AS WE CAN.
UM, AND, UH, IN, IN, IN DOING THAT, WE WANT TO KEEP THE, THE, UH, TRAIL, THE, THE TREES THAT NATURAL BUFFER BETWEEN WESTMORELAND AND THE TRAIL THERE.
UH, SO WE ARE, AGAIN, IF WE'RE FORCED TO PUT A MASONRY WALL THAT BASICALLY WOULD PUSH THE TRAIL INTO, IN, INTO AN AREA WHERE WE'D HAVE TO TAKE THOSE TREES OUT, AND WE JUST REALLY DON'T WANT TO REMOVE THOSE MATURE TREES.
THERE'S PROBABLY TWO DOZEN TREES ALONG WESTMORELAND ROAD THAT WE WOULD LIKE TO, UH, KEEP WHERE THEY ARE, PROVIDE THE, THE SIGHT AND SOUND BARRIER OF THOSE, UH, NELLY R STEVENS BETWEEN THOSE TREES, UM, AND ULTIMATELY PUT THE WROUGHT IRON FENCE ALONG THE PROPERTY LINE, UM, AS SHOWN THERE.
UM, WHEN IT COMES TO, UM, ANY ISSUES THAT SOME OF THE HOMEOWNERS MAY HAVE WHEN IT COMES TO, UH, VISIBILITY INTO THOSE BACKYARDS, UM, NOTHING, UM, AGAIN, UH, BLOOMFIELD DOESN'T SEE THAT AS, AS AN ISSUE OR AS A PROBLEM FOR THEIR PROSPECTIVE HOMEOWNERS, BUT HOWEVER, THERE'S NO, UH, THERE'S NO RESTRICTION AGAINST THAT HOMEOWNER PUTTING VEGETATION ON THEIR SIDE OF THE FENCE TO BLOCK VIEWS INTO THEIR BACKYARD.
SO ULTIMATELY, UM, WHAT WE'RE PUTTING IN IS THE ROD IRON IS THE, UH, TUBULAR METAL STEEL FENCE ALONG THE RETAINING WALL AS YOU SEE THERE, UM, AND THE, UH, SHRUBS OR TREES ON THE LEFT HAND SIDE TO PROVIDE THE SITE BUFFER FROM THE STREET.
BUT IF A HOMEOWNER FEELS THAT THEY DON'T WANT PEOPLE SEEING INTO THEIR BACKYARD, THEY ARE FREE TO, UM, PUT VEGETATION, HOT, TALL VEGETATION ON THEIR SIDE OF THE FENCE TO, UH, TO, UH, UH, BLOCK ANY SORT OF VIEW INTO THEIR BACKYARD.
SO THERE IS NO RESTRICTION, UM, ON WHAT THE HOMEOWNER CAN DO ON THEIR SIDE OF THE PROPERTY.
UM, ULTIMATELY, IF, IF WE'RE, IF WE ARE FORCED TO PUT A, A MASONRY WALL, UM, ALONG HERE, WHAT WE'D HAVE TO DO IS WE WOULD HAVE TO MOVE THE TRAIL, UH, FROM INSIDE HOMESTEAD, UH, JUST NORTH OF THE ENCLAVE, WHICH IS RIGHT HERE, AND WE'D HAVE TO MOVE IT TO THE OTHER SIDE, TO THE EAST SIDE OF WESTMORELAND ROAD.
AND, AND, UM, ULTIMATELY IT WOULD BE EXPOSED, UH, WE'D HAVE EASEMENT ISSUES ON THAT SIDE OF THE ROAD.
AND, UH, ULTIMATELY, I, I JUST FEEL FROM A TRAIL PERSPECTIVE, IT, IT JUST FELT MORE, IT JUST FELT A, YOU KNOW, IT HAD A BETTER FEEL BETWEEN THE TREES, UH, WITH THE BUFFER, WITH, WITH, UH, WITH, UH, BEING INTEGRATED WITHIN HOMESTEAD.
WE, SO FROM A, FROM A DESIGN AND AESTHETIC PERSPECTIVE, UH, WE JUST FELT, UH, THAT HAVING THE TRAIL, UM, ON THE WEST SIDE OF WESTMORELAND ROAD INSIDE THE SUBDIVISION MADE, MADE THE, UH, MADE THE MOST SENSE.
UM, ULTIMATELY, I, I KNOW WE TALKED ABOUT 10 MILE CREEK ESTATES.
UM, I KNOW COAL CREEK CROSSING, UM, WHICH IS ON WEST, I DON'T BELIEVE WAS BROUGHT UP.
IT WAS ALONG WESTMORELAND ROAD, JUST SOUTH OF BELTLINE, UM, IS ANOTHER ONE THAT DOES, UM, FRONT WESTMORELAND WITH A, UH, TUBULAR STEEL FENCE.
UH, I DON'T KNOW WHEN OR, OR HOW THAT WAS APPROVED OR THE TIMING IN RELATION TO THE ORDINANCE, BUT NEVERTHELESS, THERE, THERE IS ONE, UH, TO THE SOUTH THERE AS WELL AS THE ENCLAVE, WHICH MR. BREWER, UM, HAD SHOWN BEFORE, UH, THAT HAD THE, UM, METAL FENCE ALL ALONG WESTMORELAND ROAD.
SO THE DESIGN, THE, THE, THE FEEL AS, AS PEOPLE ARE WALKING UP THE ROYAL OR TRAIL NORTH OF WINTERGREEN ROAD, UM, IT BASICALLY FEELS VERY CONSISTENT WITH WHAT'S GOING ON, WITH WHAT'S ALREADY THERE IN FRONT OF THE ENCLAVE.
SO WE'RE TRYING TO KEEP FROM A, WE WE'RE TRYING TO, TO PRIORITIZE SAFETY.
WE'RE TRYING TO PRIORITIZE A, A, A VERY, UM, A, A A VERY, UM, CONSOLIDATED FEEL, A VERY, UM, A VERY, UH, YOU KNOW, UH, JUST A, A, UM, HAVING THE TRAIL FEEL AS ONE CONTINUOUS, AS ONE CONTINUOUS TRAIL, UM, FROM, FROM WIND GREEN ROAD, ALL THE WAY TO, UH, WHEATLAND ROAD.
SO, YOU KNOW, FROM A DESIGN PERSPECTIVE, WE WANT TO KEEP, UH, KEEP IT AS CONSISTENT, UM, AS WE CAN.
UM, SO ULTIMATELY, I, I BELIEVE THAT IS, IS, UM, YOU KNOW, EVERYTHING I HAVE IS AS FAR AS THE, THE REASONING WHY WE, WHY WE FEEL IT'S, IT'S NECESSARY AND, AND IT IS IN THE BEST INTEREST OF, OF, UH, THE, THE FUTURE TRAIL, THE
[01:25:01]
CITY AND, AND, AND THE RESIDENTS, UH, IN AND AROUND HOMESTEAD, THE INDIVIDUALS WHO'D BE, UH, WALKING THIS TRAIL.UM, ULTIMATELY WE JUST FEEL LIKE THAT IS, IS WOULD BE THE, THE BEST, THE BEST DESIGN.
I MEAN, UH, ONE OTHER THING I SHOULD MENTION, UM, THAT THE PD ONE 60 AS, AS MR. BREWER MENTIONED, DID, UH, REFLECT, UM, THE MASONRY SCREENING WALL ALONG DANIELDALE ROAD TO THE NORTH, UH, WHICH WAS CONSTRUCTED AS PART OF THE IMPROVEMENTS ON PHASE ONE OF, UH, HOMESTEAD AT DANIEL FARMS. UM, IT WAS OUR ERROR AND IN NOT, UM, BEING MORE DELIBERATE, UH, IN THE ZONING AT THAT TIME TO, UM, FACILITATE A, UM, UH, A METAL STEEL FENCE ALONG WESTMORELAND ROAD.
SO WHEN WE PUT THE MASONRY, WHEN WE SAID WE WOULD PUT A MASONRY WALL, UH, ALONG DANIEL DALE ROAD, WE SHOULD HAVE ASKED AT THE TIME, FOR A VARIANCE IN PUTTING A, UH, TUBULAR METAL, STEEL FENCE ALONG WESTMORELAND ROAD.
WE JUST DIDN'T, SIMPLY DIDN'T DO THAT.
AND ULTIMATELY, UM, YOU KNOW, UH, THE, THE CITY'S POSITION HAS BEEN THAT, UH, YOU KNOW, THAT IT NEEDS TO REFLECT WHAT THE BASE ORDINANCE STATES.
SO THAT'S WHY WE'RE HERE FOR THIS VARIANCE.
UM, AND, UH, AGAIN, WE HOPE TO GET TO, TO STARTING THE TRAIL THIS YEAR.
UM, OBVIOUSLY SUBJECT TO CITY APPROVAL OF THE DESIGN, BUT WE'RE REALLY EXCITED ABOUT MOVING THIS FORWARD, EXTENDING THE ROYAL OR TRAIL, AND, UH, CONTINUING TO BUILD OUT, UH, CREEKS OF HOMESTEAD PHASE TWO AND, AND PHASE THREE.
UM, WE'RE REALLY PROUD OF THIS.
WE'RE PROUD OF BEING HERE IN DESOTO, AND WE'D LIKE TO, UM, CONTINUE TO, UH, DEVELOP, UH, MANY, MANY YEARS IN THE FUTURE.
ANY QUESTIONS, COMMISSIONERS? MS. BELL? GO RIGHT AHEAD.
UH, HELLO, SIR, CAN YOU REPEAT YOUR NAME? I DIDN'T CATCH IT.
MATTHEW KRUEGER, PRESIDENT OF WILD DEVELOPMENT, WILDWOOD DEVELOPMENT.
THANK YOU FOR ANSWERING OUR QUESTIONS HERE TONIGHT.
UH, CAN YOU TELL US HOW MANY LOTS WILL BE BACKED UP TO THAT TRAIL ALONG THAT STRETCH WE SAW IN YOUR RENDERING? UM, ABOUT 15, UM, ON, ON THE NORTHERN SECTION, AND THERE'LL BE, EXCUSE ME, UH, ABOUT 15 OF THE SOUTHERN SECTION AND SIX ON THE, UH, NORTHERN SECTION.
SO 21 LOTS ALONG WESTMORELAND ROAD, 20 LOTS EXPOSED TO THE TRAIL.
AND HOW THICK WOULD A CONCRETE MASONRY WALL BE? IT'S GONNA BE, IT'S GONNA TAKE ABOUT A FOOT OF SPACE.
UM, ULTIMATELY THE ISSUE HERE IS, UM, YOU CAN'T PUT IT DIRECTLY ON TOP OF THE RETAINING WALL FROM A CONSTRUCTION PERSPECTIVE.
SO IT CAN'T SIT LIKE A FENCE DOES ON A RETAINING WALL.
IT'S GONNA HAVE TO OFFSET TO IT.
SO YOU CAN PUT THE PIERS IN TO CREATE THE, THE NECESSARY, UH, FOUNDATION FOR THAT MASONRY WALL.
SO EVEN THOUGH, UM, THE MASONRY WALL MAY BE ONLY A FOOT OR 18 INCHES WIDE, IT'S GOING TO BE OFFSET A BIT FROM THAT.
UM, THE, THE PILLARS AND THE POSTS WILL BE OFFSET INTO THE TRAIL, WHICH WOULD PUT THE TRAIL FURTHER OUT, WHICH WOULD REQUIRE, IN ORDER TO HAVE AN EIGHT FOOT, UH, TRAIL, WOULD REQUIRE THE REMOVAL OF ABOUT TWO DOZEN TREES, TWO DOZEN MATURE CEDAR TREES, UM, ALONG WESTMORELAND ROAD, WHICH WE, UH, DID NOT WANT TO, UH, UNNECESSARILY REMOVE ANY OF THE TREES ALONG WESTMORELAND ROAD.
NO, I, I, I WOULD THINK, UH, PEOPLE WOULD OPT TO REMOVE THE TRAIL BEFORE THEY DECIDED TO REMOVE THE ROW OF TREES, BUT, UH, THAT'S NEITHER HERE NOR THERE.
UM, YOU MENTIONED THAT BECAUSE OF A SAFETY REASON.
UH, AND I THINK YOU KIND OF, UH, CORRELATED WITH THE MASONRY WALL, BUT I, I CAN'T SEEM TO FIGURE HOW THE MASONRY WALL ADDS TO OR REMOVES FROM THE SAFETY ISSUE YOU WERE MENTIONING.
WELL, UM, THE ISSUE IS THAT, UM, IF A, IF A HOMEOWNER IN THEIR BACKYARD COULD SEE INTO THE SEE THE TRAIL AND SOMEBODY WERE, HAVE FALLEN OR HAVE, YOU KNOW, TAKEN ILL, HAD A HEART ATTACK OR SOMETHING, UH, A MASONRY WALL WON'T AFFORD THEM THE ABILITY TO SEE WHAT WAS GOING ON ON THE TRAIL, OR PEOPLE STANDING BACK ON THE TRAIL, LOITERING ON THE TRAIL, YOU CAN'T SEE, UM, THEY, THE HOMEOWNER WOULDN'T BE ABLE TO SEE THROUGH, UH, TO WHO WAS, UM, OR WHAT WAS HAPPENING ON THE TRAIL IF THE MASONRY WALL WAS THERE.
SO THE, THE PURPOSE OF THE, UM, TUBULAR STEEL FENCE WAS TO AFFORD THAT VISIBILITY.
SO IF I'M A HOMEOWNER, I'M IN MY BACKYARD, LET'S SAY FOR INSTANCE, THIS TRAIL BECOMES VERY POPULAR AND WE'RE GETTING 20 PASSERS BY AN HOUR, AND ALL OF THAT, STOPPING THEM FROM SEEING ME AND MY COOKOUT WITH MY FAMILY IS A VERY NARROW RIDE IRON FENCE.
WHAT DO I DO ABOUT, LIKE YOU SAID, WHAT IF SOMEONE DECIDES
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THEY'RE GONNA LO IT OR OWN THE TRAIL BEHIND MY HOME? AND I DON'T HAVE ANY WAY OF, UH, UNDERSTOOD.AND, AND IF, IF A HOMEOWNER FELT, IF, IF YOU FELT, YOU KNOW, THAT YOU WANTED THAT PRIVACY, ULTIMATELY, YOU KNOW, VEGETATION ON, ON THE HOMEOWNER SIDE OF THE PROPERTY, UM, WOULD, WOULD CERTAINLY BE, UM, SOMETHING THAT YOU WOULD BE ABLE TO DO AS A HOMEOWNER TO BLOCK THE VIEW FROM PEOPLE THAT ARE, UM, LOOKING INTO YOU FROM, FROM THE, UH, FROM THE TRAIL ITSELF, UH, SHRUBS OR, OR SOME OTHER NATURAL BARRIER, UH, THAT COULD BE PLACED ALONG THAT, UH, ALONG THE BACK LOT LINE, UH, WOULD AFFORD YOU THAT, UH, THAT, UH, PRIVACY, UH, YOU KNOW, I THINK THAT WOULD, MIGHT BE POSSIBLE AFTER THE VEGETATION MATURED, BUT WHEN IT'S PLANTED UNTIL SEVERAL YEARS OF GROWTH, I'M GONNA BE EXPOSED.
WELL, IT WOULD DEPEND ON HOW MATURE THOSE SHRUBS WERE WHEN YOU PLANTED THEM.
UM, I THINK THAT'S ALL THE QUESTIONS I HAVE RIGHT NOW.
MR. MR. CHILL AND THEN MS. BROOKS.
I JUST HAD A QUESTION WONDERING IF YOU WERE, YOU, YOU HAD MENTIONED THE, UH, THE ENCLAVE AND WHERE THE TRAIL WOULD RELATE TO THE ENCLAVE, WHICH ALSO HAS THAT ROT IRON, I DON'T THINK IT'S TUBULAR, BUT I THINK IT'S ROT IRON FENCING.
WHERE DOES THE TRAIL RELATE TO THE ENCLAVE, UH, LOCATION? YEAH, SO, UH, JUST TO, HOPEFULLY THAT'S, THAT'S VISIBLE, BUT THE ENCLAVE IS GOING TO BE RIGHT ABOUT HERE.
SO WE'RE KIND OF CONTINUING THAT UP AS WE GET INTO HOMESTEAD HERE.
NOW YOU'LL SEE THAT THE TRAIL ACTUALLY RUNS ON THE, ON, ON THE OPPOSITE SIDE OF THE ENCLAVE.
THAT HAS MORE TO DO, UH, WITH THE DRAINAGE RELATED ISSUES, AS WELL AS, UM, SOME PROXIMITY, UH, TO THE EXISTING FENCE.
THERE WAS SIMPLY MORE ROOM ON THE EAST SIDE OF WESTMORELAND.
IT WAS A SAFER WAY TO PUT THE TRAIL, UH, SO IT WILL CROSS JUST NORTH OF THE ENCLAVE.
UH, BUT ULTIMATELY WHAT YOU'RE GOING TO, WHAT YOU SEE TO THE NORTH IN, UH, CREEKS OF HOMESTEAD IS CONSISTENT WITH WHAT YOU SEE TO THE SOUTH, UM, ALONG ENCLAVE ALL THE WAY DOWN, UM, ALL THE WAY DOWN HERE.
AND, AND YOU GET TO THE, THE WROUGHT IRON STYLE FENCING THAT IS ON THE EAST SIDE OF THORNTREE COUNTRY, OR THORN TREE GOLF CLUB AS WELL.
AND THEN, UM, YOU ALSO MENTIONED THAT, UH, I, I DIDN'T KNOW IF YOU WERE AWARE, BUT YOU MENTIONED YOU MIGHT HAVE TO MOVE OR REMOVE THOSE CEDAR TREES.
IT, AND MAYBE IT MIGHT BE A CITY QUESTION, BUT IT, I BELIEVE, ARE YOU AWARE OF A TREE ORDINANCE THAT WOULD REQUIRE YOU TO REPLACE THOSE IF YOU REMOVED THEM? NOW? UM, AGAIN, THAT'S WHY WE'RE TRYING NOT TO REMOVE THE CEDAR TREES.
I MEAN, ULTIMATELY, I, I CAN'T SPEAK SPECIFICALLY TO WHAT MAY, WHAT WE MAY HAVE TO DO IF WE, WE DID, WE SIMPLY DIDN'T WANT TO REMOVE THEM IN, IN ANY, IN ANY WAY, SHAPE, OR FORM.
UH, SO WE HAD, UH, CONSIDERED MOVING THE TRAIL TO THE EAST SIDE OF WESTMORELAND, BUT AGAIN, UH, WE WOULD HAVE ISSUES WITH EXISTING HOMEOWNERS, MAILBOXES DRIVES, UH, AND OTHER THINGS THAT WE WOULD HAVE TO, UH, TO WORK AROUND WITH THE CITY.
UM, BECAUSE ULTIMATELY THIS, THIS, UH, TRAIL IS, IS AS PROPOSED AS DESIGNED BY OUR LANDSCAPE ARCHITECT, BUT, UH, HAS NOT BEEN REVIEWED OR APPROVED BY THE CITY AT THIS TIME.
UM, THOUGH, UH, CERTAIN CONCEPTUAL PLANS HAVE BEEN DISCUSSED, UM, OVER THE LAST, UH, UM, YEAR AND A HALF, UH, WITH VARIOUS MEMBERS OF, UM, THE, UH, THE CITY.
UM, I THINK YOU MENTIONED SOMETHING.
I THINK YOU MENTIONED SOMETHING ABOUT THE WIDTH OF THE MASONRY WALL.
UM, WHAT WE HAVE, UM, ALONG THE, UM, EASTERN PROPERTY LINE HERE, THESE HOMES HERE, THEY HAVE A RETAINING WALL AT THE BACK OF THE HOME.
THE ACTUAL STREET IS HIGHER THAN THE, THAN THE, UH, HOME ITSELF HERE.
SO THERE'S A RETAINING WALL ON THE BACK OF THEIR HOME, UH, THAT BASICALLY A, A ROCK WALL THAT SEPARATES, UM, THEIR HOME FROM BASICALLY THE CITY RIGHT OF AWAY AND WHERE THE TRAIL WOULD BE.
SO ON TOP OF THAT, YOU CAN PUT A WOOD FENCE, YOU CAN PUT A STEEL FENCE ON TOP OF THE, ON TOP OF THAT ROCK WALL, BUT SOMETHING AS HEAVY AS A MASONRY WALL WOULDN'T BE ABLE TO JUST PUT ON TOP OF THE RETAINING WALL LIKE YOU WOULD A WOOD FENCE OR A METAL FENCE.
IT'D HAVE TO BASICALLY BE OFFSET TO IT TO NOT PUT PRESSURE ON THAT FENCE, BECAUSE WE WOULDN'T WANT THE RETAINING WALL THAT'S HOLDING THAT DIRT BACK, THAT, THAT ELEVATION DIFFERENCE.
WE DON'T WANT THAT, UH, WE DON'T WANT TO, UM, COMPROMISE THE RETAINING WALL IN THEIR BACKYARD BECAUSE THEN, YOU KNOW, ULTIMATELY THAT, UH, MASONRY WALL ON TOP OF IT COULD FAIL.
[01:35:01]
BE OFFSET BACK FROM IT.SO ULTIMATELY, UH, THAT ENCROACHES ON THE AREA THAT WE HAD, UH, ENVISIONED THE TRAIL GOING, AND WE DON'T WANT TO CREATE A TRAIL THAT'S LESS THAN EIGHT FEET WIDE, UH, BECAUSE WITH THE TRAFFIC THAT WE'RE LOOKING, YOU KNOW, TO HAVE ALONG, ALONG, UH, THE ROYAL OR EXTENSION, UH, RO OR TRAIL CURRENTLY IS IN MOST SECTIONS EIGHT FEET WIDE.
UH, SO WE DO WANNA KEEP IT CONSISTENT WITH THE CURRENT DESIGN, UH, SPECS OF, OF, UH, THE ROYAL OR TRAIL.
SO, UM, ULTIMATELY THE, THE, IT, I, I HOPE I'M ANSWERING YOUR QUESTION, BUT IT'S JUST THAT THE MASONRY WALL IS GOING TO TAKE UP MORE SPACE FROM A CONSTRUCTION PERSPECTIVE THAN A, UH, TUBULAR STEEL FENCE WOULD.
IT'S, IT'S, IT, THE WAY IT'S INSTALLED IS, IS, IS DIFFERENT THAN, UH, THAN THAN A WOOD OR A METAL FENCE.
IS THERE AN OPPORTUNITY TO PUT THAT ENCROACHMENT ON THE OPPOSITE SIDE ENCROACHING INTO THE PROPERTY AS OPPOSED TO THE TRAIL? NO, THERE'S A, THERE IS A LIMIT ON THE WIDTH OF THE, OR THE DEPTH OF THOSE LOTS, WHICH IS ALREADY THE, THE MAXIMUM, UH, DEPTH BY ZONING, I BELIEVE IT'S 105 FEET, IS THE DEPTH FROM THE, FROM THE FRONT OF THE LOT TO THE BACK OF THE LOT.
THERE WAS A ZONING, I BELIEVE, A ZONING OF A MINIMUM WIDTH, I BELIEVE ABOUT 105 FEET.
UH, SO ULTIMATELY, UM, WE CAN'T ENCROACH, WE CAN'T, WE WOULDN'T PUT THE MASONRY WALL, UM, ON THE OTHER SIDE OF THE RETAINING WALL BECAUSE IT WOULDN'T BE SIX FEET HIGH AND IT WOULD LOOK VERY ODD TO HAVE A MASONRY WALL IN FRONT OF A RETAINING WALL.
UM, I JUST DON'T THINK THE, THE HOMEOWNERS WOULD REALLY LIKE THE LOOK UN, UNFORTUNATELY, OF, OF PUTTING THE, THE MASONRY WALL IN FRONT OF THE RETAINING WALL.
SO WHAT I THINK I HEARD YOU INDICATED IS THAT IF YOU PUT IT ON THE OPPOSITE SIDE, IT WOULD CAUSE SOME TYPE OF HARDSHIP, OR YOU WOULDN'T MEET THE STANDARD IN THE ORDINANCE, AND I CAN CONFIRM THAT.
THE, THE ISSUE IS THAT THE, THE DISTANCE BETWEEN THAT RETAINING WALL AND THE TREE LINE THAT WE DON'T WANNA REMOVE THOSE TREES IS, IS LESS THAN 10 FEET.
IF I HAVE TO PUT THAT MASONRY SCREENING WALL WITHIN THAT, LESS THAN THAT NINE, ABOUT NINE FOOT AREA, I CAN'T FOOT, I CAN'T CONSTRUCT A 10 FOOT OR AN EIGHT FOOT TRAIL IN THAT AREA WITHOUT HAVING TO TAKE THOSE TREES OUT.
I'D BE INTO THE BASE OF THE TREES AND WHAT I WOULD DO IN THE CONSTRUCTION OF THE SIDEWALK, AND I'D ACTUALLY END UP KILLING THE TREES.
SO WE WANNA AVOID KILLING THE TREES IN, IN THE CONSTRUCTION OF THE SIDEWALK.
UH, WE WANNA MAKE SURE THAT THOSE TREES CAN CONTINUE TO PROSPER AS THEY HAVE, YOU KNOW, FOR MANY, MANY YEARS ALONG WESTMORELAND ROAD.
SO WE'RE TRYING TO, TO, UH, DO THE MINIMAL AMOUNT OF, YOU KNOW, UH, VEGETATION REMOVAL THAT WE CAN, AND, AND THIS JUST, UH, TO US SEEMED LIKE THE, THE BEST WAY OF, OF GETTING THE TRAIL THROUGH A VERY NICE AREA SAFELY, UM, AND USING THE NATURAL VEGETATION TO ASSIST IN THAT MANNER.
ARE YOU DEVELOPING ANYWHERE ELSE? AND IF SO, IS THIS A NATURAL, UH, UH, KIND OF STANDARD DEVIATION OR, YEAH, IT MAY NOT BE DEVIATION IN OTHER CITIES, BUT IS THIS SOMETHING STANDARD? UM, UH, THIS IS SOMETHING THAT WE'VE, THAT WE ARE, ARE DOING, UM, IN GLEN HEIGHTS, UM, AT HOLLYWOOD ESTATES, UH, ALONG THE PROP, ALONG THE FRONT PROPERTY LINE.
UM, WE ARE ALSO, UM, YOU KNOW, IN, IN WHAT WE'VE SEEN IN, IN MANSFIELD, WHAT WE'VE SEEN FURTHER NORTH, UM, AS, AS TO HOW SOME OF THESE TRAILS HAVE BEEN CONSTRUCTED.
UH, BASICALLY THESE AMENITIES, EVERYBODY LOVES A TRAIL.
THAT'S THE ONE THING THAT HOMEOWNERS REALLY LIKE.
SO THERE'S A PRIORITY AMONG HOME BUILDERS TO, TO PUT A TRAIL OR INCORPORATE ELEMENTS OF A TRAIL.
AND IN THE AREAS THAT WE WERE SEEING IS HOW THIS IS BEING DONE ON A, ON A MODERN LEVEL, USED A LOT OF VEGETATION AND, UM, METAL FENCING TO, UH, ACCOMMODATE A VERY OPEN FEEL, A VERY OPEN AND, AND, UH, JUST A VERY AESTHETIC FEEL TO THE TRAIL.
IT WASN'T FEELING LIKE YOU'RE WALKING AGAINST A WALL.
IT FELT AN, IT HAD A MORE OPEN APPEARANCE, APPEARANCE TO IT.
SO ARE YOU SAYING THAT THE HOMEOWNER WOULD HAVE ACCESS TO THE TRAIL FROM THEIR BACKYARD? UM, NO, NOT FROM THEIR BACKYARD.
ULTIMATELY, THE TRAIL ACCESS POINTS WOULD, WOULD REMAIN.
HE THE, ULTIMATELY, SINCE THESE, THESE HOMES HERE SIT A LITTLE BIT LOWER THAN WHAT THE ACTUAL TRAIL IS, YOU, YOU, YOU WOULDN'T CLIMB THE WALL TO GET ONTO THE TRAIL.
YOU WOULD SIMPLY WALK DOWN THE STREET, UH, TO THE ACCESS POINTS, WHICH ARE AT BOTH ENTRANCES HERE.
AND I KNOW YOU'RE DOING THIS CONDITION, NOT SURE IF YOU WOULD HEAR ABOUT ANY COMPLAINTS FOR PRIVACY AFTER THIS CONDITION HAS BEEN PUT IN, IN ANY OF YOUR OTHER LOCATIONS, OR IS THIS SOMETHING THAT PEOPLE TEND TO DESIRE? WE, WE HAVE NOT.
UM, THIS WAS ALSO PUT THROUGH, UM, IN OUR CONVERSATIONS WITH THE HOME BUILDER.
OBVIOUSLY WE, WE BUILD LOTS FOR THE HOME BUILDER, AND WE DON'T WANT TO BUILD ANYTHING THAT THEY CAN'T SELL OR THEY FEEL THAT WOULD BE, YOU KNOW, DIFFICULT TO SELL.
AND THEY'VE HAD NO OBJECTION TO THE STYLE OFFENSE, UM, OR HOW WE WERE GOING ABOUT PUTTING THE TRAIL, UM, OR THE, THE SCREENING THAT WE WERE USING.
SO, UH, IT'S NOT SOMETHING WE WOULD
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DO IF WE COULDN'T SELL THOSE TO THE HOME BUILDER.SO WE DID GO TO THEM FIRST, UM, AND MAKE SURE THAT, UH, THEY DIDN'T HAVE AN OBJECTION TO IT.
UM, AND THEN IN THE, THE DESIGN PHASE OF THE TRAIL, WE TRIED TO KEEP ALL ELEMENTS CONSISTENT, UH, FROM, FROM WHERE THE ROYAL TRAIL ENDS, ALL THE WAY UP TO, UH, TO, UH, ALMOST WHEATLAND ROAD.
UM, I'M STRUGGLING BECAUSE OFTENTIMES THE CASES THAT YOU ALL BRING, SOMETIMES YOU'RE ALREADY DOING THINGS AND YOU'RE COMING TO US FOR, TO GET THEM APPROVED AFTER THEY'VE STARTED.
SO MY QUESTION TO YOU IS, NUMBER ONE HAD, WHEN YOU STARTED DEVELOPING THIS, AND YOU KNEW YOU WERE GONNA CREATE THIS KNOWING THAT IT REQUIRED A SIX FOOT, UH, WALL, COULD YOU HAVE NOT BUILT IT SO THAT, UH, THE RETAINING WALL THAT YOU HAD SOMEHOW IT WAS INCORPORATED, THAT THE YARD WAS GONNA BE MAINTAINED BY THE RETAINING WALL AND YOU COULD CONTINUE UP TO FOUR FEET OR WHATEVER YOU NEED TO DO TO PUT THE MASONRY WALL? ARE YOU SAYING NO, WE COULDN'T DO THAT.
WE HAD TO PUT THE RETAINING WALL? WELL, WE WOULDN'T, I MEAN, WE DON'T TYPICALLY PUT, AND, AND I CAN'T THINK OF A, A SUBDIVISION THAT I'VE BEEN A PART OF THAT'S EVER PUT THE, THE SCREENING WALL DIRECTLY ON TOP OF THE MASONRY WALL.
IT'S USUALLY OFFSET AT LEAST A LITTLE BIT TO AFFORD THE PIERS TO, TO NOT GO DIRECTLY INTO THE ROCK THAT YOU'VE, THAT YOU'VE, YOU KNOW, USED FOR THE, THE ACTUAL RETAINING WALL ITSELF.
UM, COULD THIS HAVE BEEN PLANNED BETTER? COULD WE HAVE GONE TO YOU GUYS EARLIER? I THINK WE PROBABLY COULD.
I MEAN, I, I DIDN'T JOIN, BUT JUST, UM, UH, I JOINED AFTER I JOINED WILDWOOD AFTER, UNFORTUNATELY, WE, WE DID THE INITIAL ZONING ON THIS.
UM, SO I CAN'T, UM, YOU KNOW, STATE, UM, HOW WE SHOULD HAVE DONE IT.
I MEAN, ALL I CAN SAY IS, IS WHAT I, I FEEL IS, IS THE, THE BEST WAY MOVING FORWARD.
UM, AND THE BEST WAY FOR SAFETY, THE BEST WAY FOR THE EXPANSION OF THE ROYAL TRAIL AND, AND, UH, FOR THE, THE BEAUTY OF WHAT WE HOPE TO BE ONE OF THE PREMIER SUBDIVISIONS IN DESOTO.
UM, AND, AND WHAT WE'RE DEALING WITH AND WHAT WE'RE DEVELOPING ON, ON PD 1 21 IN DESOTO, PROFESSIONAL PARKS, THE NORTH, AND ALSO WHAT WE'RE DOING IN THE COMMERCIAL AREA AS WELL, ALL INTEGRATED WITH THE TRAIL, ALL HAVING THE SAME DYNAMICS AND, AND ULTIMATELY WANTING OUR 455 RESIDENTS.
UM, THERE'S 4 55 HOMES IN HOMESTEAD TO ALL HAVE ACCESS TO THE TRAIL SYSTEM, TO ALL HAVE ACCESS, UH, TO THE COMMERCIAL AREA, THE 18 ACRE COMMERCIAL AREA AS WELL, UH, TO REALLY AFFORD EVERYONE THE OPPORTUNITY TO ENJOY THE, THE ROAR TRAIL.
AND ANOTHER QUESTION I HAVE FOR YOU, AND WE NEED TO JUST MAKE SURE WE HAVE CLARITY.
YOU'RE PROPOSING A ROCK IRON OR THE TUBULAR STEEL FENCING ALL THE WAY, NO COLUMNS OR ANYTHING? WELL, WE ARE GOING TO PUT COLUMNS, JUST SO WE'RE CLEAR, UM, AT THE, AND I'LL SHOW YOU WHERE THOSE COLUMNS GO.
UH, THOSE COLUMNS WILL GO ALONG THE ENTRANCES HERE, UM, THE SOUTH SIDE OF THE ENTRANCE, UH, UH, SOUTH SIDE OF THE SOUTHERN ENTRANCE, NORTH SIDE OF THE SOUTHERN ENTRANCE, SOUTH SIDE OF THE MAIN ENTRANCE, NORTH SIDE OF THE MAIN ENTRANCE.
UM, AND THEN DOWN MOST LIKELY HERE, UM, ON THE NORTH SIDE OF THIS, UM, THIS ONE, THIS, UH, LOT HERE, WHICH IS THE END OF PHASE ONE.
UM, AND THEN RIGHT HERE ON THE OTHER SIDE OF THE CULVERT.
UM, AND THEN HERE AT THE, UH, START OF, OF IT HERE, OF THE, UH, TRAIL HERE, THE SOUTHERN ENTRAN, THE SOUTHERN, I'M SORRY, THE, THE SOUTHERN, UM, SOUTH SIDE OF THE NORTHERN ENTRANCE ON PHASE TWO, AND THE, UM, THE, UH, NORTHERN AND THE, UM, SORRY, NORTHERN SIDE OF THE, NORTH OF THE NORTH MOST ENTRANCE AND PHASE TWO, AND THEN UP HERE WHERE, UM, WHERE IT WOULD END AT, AT THE END OF THAT PROPERTY LINE THERE, UH, ADJACENT TO THE COMMERCIAL AREA.
SO, UM, I, I APOLOGIZE FOR THE, THE, UM, RENDERING, NOT BEING, UM, COMPLETELY CLEAR, BUT UH, ESSENTIALLY FOR WHAT WE WOULD CALL THE ENDS OF THE, OF THE, UH, TUBULAR METAL STEEL FENCE.
UM, THOSE ENDS WOULD HAVE A COLUMN.
THOSE WOULD BE AWAY FROM THE RETAINING WALL, SO WE CAN PUT THOSE COLUMNS SAFELY THERE.
IT WOULD NOT BE, UH, UH, AN ISSUE FOR THE TRAIL, NOR WOULD IT BE AN ISSUE FROM A STRUCTURAL PERSPECTIVE, UH, IN RELATION TO THE RETAINING WALL ITSELF.
AND MY LAST COMMENT, UM, RELATIVE TO PRIVACY FOR RESIDENTS IN YOUR COMMUNITY, AND YOU STATED THAT IF THEY HAD A CONCERN WITH PRIVACY, THEN THEY COULD ESTABLISH A, A LIVING WALL OR VEGETATION OR WHATEVER.
HOWEVER, THAT'S ANOTHER INCREASED COST FOR PEOPLE BUYING
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THESE HOMES.AND THE PRICES ARE JUST EXORBITANT NOW TO GET INTO THE HOME WITH INTEREST RATES HIGH AND EVERYTHING.
SO HAVE YOU CONSIDERED JUST THIS, JUST QUESTION, ARE THERE THOUGHTS ABOUT ANY TYPE OF LIVING VE VEGETATION ALONG THAT BACK, UH, THE PROPERTY LINES? IF, IF THAT BECAME A CONCERN OF THE HOME BUILDER BASED ON FEEDBACK THAT THEY HAD FROM, UH, THEIR PROSPECTIVE BUYERS? WE WOULD CERTAINLY BE WORKING WITH THE HOME, WITH THE HOME BUILDER IN, IN THAT INSTANCE.
UM, THAT HAS NOT BEEN BROUGHT UP TO OUR ATTENTION YET.
UH, BUT WE'VE BEEN WORKING WITH BLOOMFIELD, UH, FOR A NUMBER OF YEARS NOW.
UM, WE, WE LOVE THEIR PRODUCT.
WE LOVE THAT THEY'RE HERE IN DESOTO.
UM, AND IF, IF THEY HAVE AN ISSUE, WE ARE MORE THAN WILLING TO ACCOMMODATE THEM IN THE FUTURE.
AND IF THAT IS THE CASE, IF SOMEONE DOES WANT A LIVING WALL, THEN THE FACT OF YOU SAID SAFETY AND THAT ELIMINATES, I UNDERSTAND THERE'S A DUALITY THERE THAT YOU CAN'T HAVE BOTH UNFORTUNATELY.
BUT WE DO WANT TO, UM, MAKE SURE THAT AT LEAST ALONG, AND JUST SO WE'RE CLEAR ALONG WESTMORELAND ROAD, UH, WE WOULDN'T WANT PASSERBYS DRIVERS TO SEE INTO THE BACKYARDS.
THEY WOULDN'T SEE INTO THE BACKYARDS BECAUSE THE, THE VEGETATION LINE, THE, EITHER THE CEDAR TREES OR THE, UH, UM, SHRUBS BETWEEN THOSE TREES WOULD PRECLUDE THEM FROM SEEING.
AND SO THE, THE ONLY EXPOSED AREA, LIKE YOU MENTIONED, UH, WAS, WAS THE BACKYARDS.
UH, AND THE ONLY INDIVIDUALS WHO WOULD SEE INTO THOSE BACKYARDS WOULD BE THE INDIVIDUALS ON THE TRIAL.
THANK YOU FOR ANSWERING MY QUESTIONS.
MS. BROOKS, I JUST HAVE ONE QUESTION.
UM, IF THIS DEVIATION IS NOT APPROVED, CAN THIS DEVELOPMENT MOVE FORWARD OR NOT? UM, YEAH, THE DEVELOPMENT COULD MOVE FORWARD.
ULTIMATELY THAT I THINK IT WOULD BE DETRIMENTAL TO WHAT WE'RE TRYING TO DO WITH THE ROYAL OR TRAIL.
UM, YOU KNOW, ULTIMATELY WE CAN BUILD A MASONRY WALL, UM, ALONG THE EAST SIDE OF WESTMORELAND ROAD AS, AS THE, UM, AS THE, UH, ORDINANCE ORIGINALLY STATED.
BUT I, I BELIEVE THAT IT, UM, REALLY DOES A DISSERVICE TO THE EXPANSION OF THE ROYAL ARTS TRAIL, WHICH IS THE WHOLE REASON THAT WE'RE, WE'RE, THAT I'M HERE IN FRONT OF YOU TONIGHT, UH, IS BECAUSE OF WHAT WE FEEL AND WHAT WE WANT OUT OF THIS EXPANSION OF THE ROYAL OR TRAIL.
UM, AND ULTIMATELY IT'S JUST ONE OF THESE THINGS THAT, UH, YOU KNOW, WE FEEL VERY STRONGLY FOR.
AND THAT'S, THAT'S WHY I'M, I'M, I'M HERE TONIGHT.
ANY OTHER QUESTIONS FOR THE DEVELOPER? ALRIGHT.
OUT ON HERE AND SEE ANYMORE, UH, SIR, SINCE YOU PARTICIPATED IN THE PRESENTATION, COULD WE GET YOUR NAME AND SEE THE RESIDENCE FOR THE RECORD? YES, SIR.
UH, STEVEN RE, DALLAS, DALLAS, TEXAS.
ALRIGHT LADIES AND GENTLEMEN, IF THERE'S ANYONE ELSE IN ATTENDANCE WHO WOULD LIKE TO COME FORWARD TO SPEAK, EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM NOW IS YOUR OPPORTUNITY.
IS THERE ANYONE ELSE IN ATTENDANCE WHO WOULD LIKE TO SPEAK IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM? AND MR. CARROLL, JUST TO CONFIRM ALL THE COMMENT CARDS YOU RECEIVED ARE ON THE THIRD AGENDA ITEM.
IS THAT A PUBLIC HEARING? OKAY.
WE'LL TAKE THE OPPORTUNITY AT 7 59 ACTUALLY JUST TURNED AT 8:00 PM AT 8:00 PM TO CLOSE THE PUBLIC HEARING ON CASE NUMBER Z DASH 1522 DASH 24 COMMISSIONERS.
ANY FURTHER COMMENTARY OR ANY OTHER QUESTIONS? MR. RAVEN? YES, I HAVE A QUESTION FOR STAFF AND PERHAPS YOU CAN HELP ME.
WE HAD A CASE, UM, SOME MONTH AGO WHERE THE TRAIL WAS GONNA BE COMING BEHIND CLUB PARK AND CAN YOU TELL ME EXACTLY WHERE THAT TRAIL? 'CAUSE IN MY, I CAN'T REMEMBER EXACTLY WHERE THAT TRAIL WAS SUPPOSED TO.
WAS IT GOING BEHIND THE CHURCH AND COMING OUT? I'M JUST, AS I MENTIONED EARLIER, AND I DON'T KNOW IF IT'S DURING THE REGULAR SESSION, DURING THE WORKSHOP, THAT PARTICULAR DEVELOPMENT AND THE PURCHASE OF THAT LAND FELL THROUGH.
BUT THE REASON I WAS ASKING IS BECAUSE THE ROAR OR TRAIL ALREADY STOPS RIGHT THERE AT WINTERGREEN AND, UH, WESTMORELAND ON THE WEST, THE EAST SIDE OF, OF WESTMORELAND.
SO, AND I'M THINKING IT WAS GOING TO CONTINUE TO THE NORTH ON THE WEST SIDE, BUT CAN YOU TELL ME IF IT'S GOING TO THE EAST? I BELIEVE THEIR ILLUSTRATION SHOWED IT FOLLOWING THAT SAME TRAIL PATTERN, SUPPOSEDLY JOINING THE EXISTING CONCRETE ROYAL OLD TRAIL, WHICH IS, UH, DOWN HERE, I'M SORRY, DOWN HERE.
[01:50:01]
THIS IS THAT PROPOSED AT THAT TIME TO BE A PUBLIC PARK.AS I SAID, RIGHT NOW IT'S STILL ALL PRIVATE PROPERTY AND THAT'S GOING BEHIND CLUB PARK RIGHT THERE, CORRECT.
TO THE EAST SIDE OF CLUB PARK.
CAN I GIVE YOU A CLOSER LOOK SIR, THIS IS CLUB PARK HERE AND THIS IS PROPOSED TRAIL AND, AND THAT'S STILL OUR DESIRE TO DO THE TRAIL HERE AND TO, UH, CONTINUE DOWN WEST WALL BACK.
SO THE RED IS THE TRAIL IS THE RED? YEAH, THE RED IS PURPLE IS THE PROPOSED TRAIL WOULD BE OUR ULTIMATE DESIRE.
THERE'S SOME ALTERNATIVES HERE.
YOU KNOW, WE ARE ARE STILL WORKING WITH SOME OF THE PROPERTY OWNERS.
UH, BOTH OF THESE CHURCHES, UH, ARE IN FAVOR OF, OF THE TRAILS GOING ALONG WITH THEIR PROPERTY.
WE'LL ALSO BE DOING A, A METAL FENCING THERE TO SEPARATE THE DIFFERENT, UH, UH, ASPECTS OF THE TRAIL.
BUT, UH, AS PROPOSED EARLIER IN FRONT OF YOU, WE STILL DO WANNA CONSTRUCT THAT PLAN.
AND JUST FOR THE BENEFIT OF THOSE WHO MAY BE WATCHING VIRTUALLY, SIR, COULD YOU KIND OF REPEAT, I, I DON'T KNOW IF THE CAMERA IS GONNA CATCH WHEN YOU CAME UP TO THE DIOCESE.
SO IF YOU JUST, WHERE MR. BREWERY IS, IF YOU JUST KIND OF REPEAT REPEATED AND KIND OF DEMONSTRATE AGAIN.
SO, UH, HE WAS ASKING ABOUT SPEAKER, HE WAS, UH, ASKING ABOUT THE, THE TRAIL.
UH, CURRENTLY IT, IT ENDS HERE AT WINTERGREEN.
IT WAS PROPOSED AT ONE OF YOUR PAST DEVELOPMENTS TO WORK ITS WAY BEHIND CLUB PARK AND THEN CONTINUE NORTH.
BUT BEHIND SAINT ANNE AND THE UH, COLGATE ACADEMY, IT WOULD RETURN BACK TO WESTMORELAND CONTINUE NORTH AND THEN ULTIMATELY INTO OUR DEVELOPMENT AT CREEKS OF HOMESTEAD BASE ONE AS WE WERE DISCUSSING.
AND THEN, UM, ASSUMING WE WERE APPROVED TONIGHT, WE WOULD HAVE A, UH, METAL FENCING DOWN WESTMORELAND AS WELL.
ALRIGHT, MS. BROOKS, MR. BREWER QUESTION, THE APPLICANT ME INDICATED THAT WITHOUT THE DEVIATION IT MAY IMPACT THE WIDTH OF THE TRAIL.
HAS THAT BEEN COMMUNICATED TO PARKS AND THAT THEY WEIGH IN ON? UM, THAT NO, WE HAVE NOT HAD THOSE DISCUSSIONS YET.
OR WITH THE PROPOSED EXTENSION OF GROW TRAIL, WE HAVEN'T HAD ANY OF THOSE TRAIL DISCUSSIONS.
WHAT IS OUR STANDARD WITH FIVE FIVE FOOT FOR THE TRAIL? FIVE FEET OF SPEED? WELL, IT'S A FIVE FOOT SIDEWALK REQUIREMENT.
I CAN'T TELL YOU WHAT THE TRAIL IS.
AGAIN, THAT'S UNDER THE PARKS.
COMMISSIONERS, ANY OTHER QUESTIONS? ANY OTHER COMMENTS? ALRIGHT, HEARING AND SEEING NONE, ARE WE PREPARED FOR A MOTION? AND IF SO, IF SOMEONE WOULD OFFER A MOTION AT THIS TIME? DON'T EVERYBODY JUMP IN ONCE I DON'T HAVE A MOTION, BUT I HAVE A QUESTION.
MS. BROOKS, GO AHEAD WITH YOUR QUESTION.
I THINK I HAVE A, A HARD TIME THINKING ABOUT THE DEVIATION SEPARATE FROM THE TRAIL BECAUSE I DO WANT A STANDARD WITH TRAIL.
UM, IS THERE A HARDSHIP IF THIS CASE IS PUSHED BACK TO GET THOSE QUESTIONS FROM PARKS AND HAVE THEM WEIGH IN ON THE TRAIL COMPONENT? THAT WOULD BE A QUESTION YOU'D HAVE TO ASK THE DEVELOPER.
SIR, CAN I ASK THAT? I KNOW YOU'RE CLOSED SEAT.
UH, AND MR. SMITH WEIGH, WEIGH IN IF YOU HAVE ANY CONCERNS.
MR. KRUEGER INDICATED THAT WITHOUT THE DEVIATION IT WOULD IMPACT THE WIDTH OF THE TRAIL.
UM, I WOULD LIKE TO UNDERSTAND FROM PARKS WITH THAT REDUCTION IN TRAIL WIDTH MEANS FOR US, YOU KNOW, BASED ON WHAT'S, WHAT OUR CURRENT STANDARD IS AND WHAT THE WIDTH OF THE TRAILS ARE THROUGHOUT THE CITY, AND HAVE SOME INFORMATION, UH, FROM OUR EXPERTS IN PARK SH OR IF THIS, ARE YOU ALL IN, ARE YOU ALL OPEN TO PUSHING THIS CASE BACK FOR US TO GET THAT INFORMATION? OR DOES THAT WELL AT, AT THIS TIME? I MEAN, WE KNOW WHAT THE ROYAL OR TRAIL IS TODAY AND WE DON'T WANT TO DEVIATE FROM THE WIDTH.
WE DON'T WANNA MAKE IT ANY NARROWER THAN EIGHT FEET.
UM, THAT IS, YOU KNOW, WHAT WE'VE, YOU KNOW, TALKED ABOUT IN OUR CONVERSATIONS WITH THE CITY, IN OUR CONVERSATIONS WITH OUR LANDSCAPE ARCHITECT AND WHAT WE FEEL IS A, A, A SAFE, SAFE AMOUNT, UH, I DON'T WANT TO TRY TO
[01:55:01]
NARROW THE TRAIL AGAINST THE MASONRY WALL.UH, I JUST THINK THAT, UH, IT WOULD, UH, ULTIMATELY BE A A, A FURTHER SAFETY ISSUE, UH, IN TRYING TO FUNNEL, YOU KNOW, WHAT MAY BE A NUMBER OF PEOPLE WHO ARE OKAY WALKING ON AN EIGHT FOOT TRAIL TO BASICALLY NARROW IT DOWN TO SOMETHING SIMILAR TO A FIVE FOOT SIDEWALK.
UM, SO TO THAT POINT, I'D, I'D LIKE TO, WE WANT TO MAKE SURE THAT THE, THE TRAIL MAINTAINS ITS, ITS, UM, YOU KNOW, THE WIDTH OF THE ROYAL TRAIL AS, AS IT, UH, EXISTS IN, IN, I BELIEVE MOST OF THE, THE THREE MILES OR THREE AND A HALF MILES THAT IT CURRENTLY IS.
SO I, I REALLY AM, IT'S NOT THAT I DON'T WANT YOU TO HAVE IT MORE ADDITIONAL INFORMATION.
I, I JUST DON'T WANT TO, TO UNFORTUNATELY DEVIATE FROM, FROM WHAT, UM, UH, YOU KNOW, THE ROYAL OR TRAIL IS TODAY.
I DON'T WANNA MAKE IT A SIDEWALK.
I DO WANT IT TO MAINTAIN A TRAIL.
WE'LL HAVE BIKES, STROLLERS, I, I WANNA TRY TO GET AS MUCH WIDTH, UH, AS WE CAN GET OUT OF THE ROYAL OR TRAIL.
I JUST, I, I WANT IT TO BE SAFE FOR EVERYONE'S USE.
MY QUESTION WAS, ARE YOU ALL WILLING TO PUSH THIS BACK SO THAT WE CAN HEAR FROM OUR STAFF IN PARKS DEPARTMENT TO GET SOME INFORMATION ON THAT? WE HAVE NOT PRESENTED, LIKE I MENTIONED BEFORE, WE HADN'T PRESENTED THIS TO PARKS.
I MEAN, ULTIMATELY, UM, I DON'T KNOW WHAT THEY'D BE ABLE TO SAY ON, ON SOMETHING.
WE HAVE NOT PRESENTED TO THEM.
THEY HAVE NOT HAD A CHANCE TO REVIEW.
I MEAN, I, I DON'T WANNA TRY TO FORCE THEIR HAND INTO A, YOU KNOW, OVERLY UH, UM, EXPEDITED REVIEW OF, OF PLANS THAT WE HAVE NOT SUBMITTED THEM YET.
UM, SO, YOU KNOW, TO THAT POINT, I I, I, I'M, IF, IF I CAN'T HAVE THE EIGHT, IF I CAN'T GET IT WITHIN THE EIGHT FEET BECAUSE THE MASONRY WALL ENCROACHES ON THAT, I'M GONNA HAVE TO MOVE THAT, UM, TRAIL TO THE OTHER SIDE OF WESTMORELAND, THE EAST SIDE OF WESTMORELAND ROAD ALONG THOSE HOMES.
I, I JUST THINK IT'S A, IT'S A TERRIBLE MOVE FOR THE, THE, THE ROYAL OR TRAIL.
UM, BUT, UH, AGAIN, IF, IF WE'RE FORCED TO BUILD A MASONRY WALL, WE HAVE TO RELOCATE THE TRAIL.
THAT'S WHAT WE WOULD HAVE TO DO.
I, I CAN'T, I DON'T WANT TO TAKE OUT THE TREES AND I, I CERTAINLY DON'T WANT TO, TO MAKE A, A SAFETY ISSUE, UH, WITHIN, UH, WITH, WITHIN, UH, UH, THE TRAIL AS IT RUNS ALONG WESTMORELAND ROAD.
RELATIVE TO WHAT MS. BROOKS IS SAYING, BASICALLY HOW THEY HAVE PRESENTED TO US THIS EVENING, IT HINT A LOT ON THE TRAIL AND EVERYTHING THAT THEY HAVE SAID, PRETTY MUCH WHY THEY WANT TO DO THESE THINGS IS TO KEEP THE TRAIL THE WAY IT'S SUPPOSED TO LOOK, THE, THE LOOK IN THE FEEL.
AND I'M, I'M ALIGNED WITH, UH, COMMISSIONER BROOKS THAT WE SHOULD GET MORE INFORMATION REGARDING THE TRAIL.
IF THE, THE WALL WAS PUT THERE, HOW MUCH LAND DO WE LOSE IF TREES HAD TO BE MOVED? UH, WE, I, I THINK THAT'S IMPORTANT BECAUSE I DON'T WANNA SET A PRECEDENT WHERE WE'RE BEGIN DEVIATING FROM OUR ORDINANCES.
SO THAT'S MY POSITION THIS EVENING.
AND IF, UH, THE COMMISSIONERS ARE IN AGREEMENT OR LIKE WHAT, UH, COMMISSIONER BROOKS HAS SAID, I WOULD LOOK TO THE ATTORNEY TO SEE IF WE'RE ABLE TO REOPEN THE PUBLIC HEARING OR WILL WE HAVE TO START ALL OVER AGAIN SINCE IT'S BEEN CLOSED? YOU, I WAS JUST, YOU'D HAVE TO RESTART.
UM, SINCE WE'VE ALREADY CLOSED IT.
UM, REOPEN, I WOULD ALSO REMIND THE COMMISSION THAT THE TRAIL IS NOT PART OF THE PD, IT'S NOT PART OF THE ZONING.
UM, SO KEEP THAT IN MIND AS WELL.
MR. BREWER, WHILE YOU MAY HAVE CLOSED YOUR PUBLIC HEARING, YOU CAN HAVE A MOTION TO REOPEN THE PUBLIC HEARING AND CONTINUE IT AT A DATE PACIFIC.
THAT'S WHAT CITY COUNCIL DOES.
BUT UM, HONESTLY, YOU'VE ALREADY HAD THE PUBLIC HEARING ANYWAY.
UH, I DON'T REALLY SEE THE NEED, IF YOU WANTED TO CONTINUE THIS, THAT YOU WOULD EVEN HAVE TO, THE PUBLIC HEARINGS ALREADY OCCURRED.
WE'VE ALREADY MET THAT SATISFACTION OR THAT REQUIREMENT, SO I DON'T, I THINK YOU COULD TABLE IT OR MOVE IT TO ANOTHER, UM, MEETING WITHOUT WORRYING ABOUT THE PUBLIC HEARING.
AND PER THE, YOU KNOW, OPEN MEETINGS ACT, ANYONE CAN TALK AT ANY TIME PRETTY MUCH.
SO IT'S NOT GONNA PRECLUDE ANYONE FROM, FROM SPEAKING ON AN ITEM ANYWAY.
AND WE'VE ALREADY SATISFIED THAT PUBLIC HEARING DEPARTMENT AS WELL.
WE'RE CURRENTLY DEALING WITH THE, UH, PUBLIC HEARING REQUIREMENTS.
WE HAVE ADVERTISED, UH, THIS PUBLIC
[02:00:01]
HEARING AND WE ADVERTISED THE CITY COUNCIL'S PUBLIC HEARING FOR MAY 21ST.YOUR NEXT MEETING WOULD BE MAY THE 14TH SHOULD YOU DECIDE TO CONTINUE THE PUBLIC HEARING.
THOSE ARE SOME DATES I NEED FOR YOU TO KNOW.
OR IF IT TURNS OUT YOU'RE NOT FINISHED WITH IT ON THE 14TH, THEN WE WOULD JUST HAVE TO DO A REIFICATION FOR THE CITY COUNCIL MEETING, WHICH IS A NOTICE IN THE NEWSPAPER.
YOUR PUBLIC HEARING NOTICE SENDS OUT THE PUBLIC WRITTEN NOTICES TO EVERYBODY WITHIN 200 FEET.
NOW IN THAT NOTICE, WE INCLUDED YOUR DATE FOR THE NIGHT AND GAVE THEM A FORECAST OF A DATE ON THE 22ND, I MEAN 21ST FOR OF MAY FOR THE CITY COUNCIL AS WE SHOWED YOU ON THE SITE PLAN, I MEAN ON THE NOTIFICATION MAP, THERE'S NOT THAT MANY PROPERTY OWNERS THAT WE COULD SEND IT OUT AGAIN IF IT NEEDED TO BE EXTENDED, BUT AGAIN, IT'S THE DETERRENT ON DEPENDING ON THE DEVELOPER'S DESIRE TO DELAY IT OR MOVING FORWARD.
UH, MS IF I MAY, UH, WE'VE HEARD ARGUMENTS FROM BOTH SIDES.
THE REPRESENTATIVES GAVE THEIR OPINION, UM, BASED ON THEIR CONCERNS, IF THE 21 PEOPLE DECIDED TO PUT UP UH, FENCES, IT WOULD COMPLETELY NULLIFY MOST OF THEIR CONCERNS OR THEIR REASONS WHY THEY WANTED TO MOVE THIS OR WHY THEY DID NOT WANT TO PUT UP THIS WALL.
A WALL LIKE THE COMMISSIONER HERE SAID MOST OF THEIR CONCERN WAS ABOUT THE TRAIL.
IF I'M THE HOMEOWNER IN ONE OF THOSE LOTS, I CARE NOTHING FOR THAT TRAIL.
I'M CONCERNED ABOUT THE OPPORTUNIST WHO LIKES MY LAWN FURNITURE.
WITH THAT BEING SAID, I WOULD MAKE A MOTION TO DENY THIS REQUEST AS STATED.
OKAY, SO THERE HAS HAS BEEN A MOTION MADE.
SECOND, MR. MR. ELLI IS GONNA SECOND THAT MOTION.
ALL IN FAVOR OF DENYING, UH, THE REQUEST CONTAINED IN Z DASH 1522 DASH 24.
PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.
THOSE OPPOSED DO THE SAME AS SAY NAY.
MOTION PASSES FOR DENIAL FIVE TO ONE.
[3. Conduct a Public Hearing and consider making a recommendation to the City Council to amend Planned Development No. 145 (PD-145) in order to align with the City of DeSoto's updated 2024 Nance Farm Master Plan. The applicant and property owner is the City of DeSoto. (Case No. Z-1521-24)]
OUR NEXT AGENDA ITEM WITH THE AGENDA ITEM E THREE, WHICH IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL TO AMEND PLAN DEVELOPMENT NUMBER 1 45 PD 1 45 IN ORDER TO ALIGN WITH THE CITY OF DESOTOS UPDATED 2024 NA FARM MASTER PLAN.THE APPLICANT AND PROPERTY OWNER IS THE SEA OF DESOTO AND THIS IS CASE NUMBER Z DASH 1521 DASH 24.
AND MR. BREWER, MAY WE HAVE OUR STAFF REPORT PLEASE? YES, CHAIRMAN AND YES, CHAIRMAN AND COMMISSION.
IN APRIL, 2009, THE CITY COUNCIL APPROVED A MASTER PLAN FOR THE DEVELOPMENT OF A 2.059 ACRE TRACK OF LAND LEGALLY DESCRIBED AS BEING TRACK, EXCUSE ME, LOT 12 BLOCK 15 IN THE MEADOWBROOK ESTATE SECOND INSTRUMENT.
THAT PLAN WAS TO BE IMPLEMENTED IN FOUR PHASES WITH THE GOAL OF SUPPORTING A SMALL SCALE WORKING FORM REMINISCENT OF THE 18 HUNDREDS.
THE PROPERTY IS OWNED BY THE CITY OF DESOTO AND LOCATED NORTH OF MANTEL BROOK DRIVE WEST OF NORTHAMPTON ROAD AND SOUTH OF WEST WINTERGREEN ROAD WITH THE ADDRESS 1325 GREEN BROOK DRIVE.
ON SEPTEMBER 21ST, 2010, THE CITY COUNCIL APPROVED ORDINANCE 1864 DASH 10, WHICH OFFICIALLY REZONED LOT 12 BLOCK 15 IN THE MEADOWBROOK ESTATE'S SECOND INSTRUMENT FROM EXISTING SINGLE FAMILY 12 TO A NEW PLAN DEVELOPMENT 1 45 TO PROVIDE FOR THE DEVELOPMENT OF NASH FORMS. THAT ORDINANCE ESTABLISHED THAT THE PROPERTY WOULD BE DEVELOPED AND USED ONLY IN ACCORDANCE WITH THE FOLLOWING CONDITION.
I'VE HIGHLIGHTED WHAT I THOUGHT WERE THE CRITICAL ONES THAT I'M JUST GONNA HIT THOSE, BUT THE OTHER ONES WERE INDICATED IN YOUR PACKAGE.
NUMBER ONE, THE PURPOSE OF THIS PLAN DEVELOPMENT IS TO ALLOW FOR THE RESTORATION OF NASH FARM TO REFLECT THE ERROR IN WHICH IT WAS BUILT.
THE DEVELOPMENT SHALL BE USED AS A PUBLIC COMMUNITY CENTER AND SHALL CONSIST OF A MAIN HOUSE AND TWO OUTBUILDINGS, WHICH WERE THE CUR TO BE THE CURING, THE EXISTING CURING SHED AND MILKING BARN, AS WELL AS PROPOSED VISITOR PAVILION.
NUMBER NINE, SCREENING OF NON-RESIDENTIAL AREA.
A SOLID BRICK OR MASONARY SCREENING WALL BETWEEN THE NON-RESIDENTIAL AND RESIDENTIAL IS NOT REQUIRED.
[02:05:01]
CONCRETE DRIVEWAYS ARE NOT REQUIRED.DRIVEWAYS MAY BE CONSTRUCTED USING A CRUSHED STONE OR SIMILAR PRODUCT ON THE SURFACE.
HOWEVER, THESE BASE, HOWEVER, THIS BASE OF THE DRIVEWAYS SHALL BE CAPABLE OF SUPPORTING THE WEIGHT OF A FIRE TRUCK.
NUMBER 11, ONSITE PARKING, A PARKING LOT CONSISTING OF NINE SPACES WILL BE LOCATED TO THE EAST OF THE VISITOR PAVILION.
ANOTHER PARKING LOT CONSISTING OF TWO SPACES WILL BE LOCATED TO THE WEST OF THE VISITOR PAVILION.
AND AS WE DETERMINE THIS IS A TOTAL OF 11 TOTAL.
THIS IS THE ORIGINAL SITE PLAN THAT WAS ADOPTED WITH THAT EXCUSE ME, CONCEPT PLAN THAT WAS ADOPTED WITH THAT ORIGINAL 2010 ORDINANCE.
UH, AND IT SHOWS THE LAYOUT OF THE PROPERTY THIS WAS ATTACHED TO, THAT IT SHOWED AT THAT TIME TO BE A VISITOR BUILDING TO BE CONSTRUCTED, WHICH AS WE KNOW TODAY WAS NOT CONSTRUCTED.
BUT THIS WAS A PART OF THE ORIGINAL CONCEPT PLAN.
ANOTHER VIEW OF THAT VISITOR'S BUILDING THE FIRST PHASE OF DEVELOPMENT.
NASH FARM HAS BEEN PARTIALLY IMPLEMENTED, BUT THE REMAINING WORK HAS NOT BEEN UNDERTAKEN IN RECENT YEARS.
THE FACILITY HAS NOT BEEN OPEN TO THE PUBLIC AND THE CITY COUNCIL HAS BEEN EXPLORING OPPORTUNITIES TO BETTER PROMOTE THE PROPERTY TO ALIGN WITH THE INTEREST OF THE COMMUNITY.
ON JANUARY 5TH, 2021, THE CITY COUNCIL ADOPTED THE COMMUNITY CULTURE ARTS MASTER PLAN, ESTABLISHING GOALS AND STRATEGIES TO SUPPORT THE GROWTH OF ARTS IN DESOTO.
THIS PLAN IDENTIFIED THE NASH FARM FACILITY AS THE POTENTIAL FUTURE HOME FOR ART CLASSES AND ARTISTS IN RESIDENCY PROGRAM ART DISPLAYS, AND SMALL ART AND HISTORY FESTIVALS.
THIS RECOMMENDATION PROMPT THE PUBLIC ENGAGEMENT PROCESS IN ORDER TO DEVELOP AND REVISE THE CITY'S 2009 NASH FARM MASTER PLAN.
THE CITY'S FFY 2023 BUSINESS PLAN INCLUDED THE GOAL OF CONVERTING NASH FARM INTO A HIGH VALUE COMMUNITY ASSET, INCLUDING AS A HOME FOR THE ARTS, WITH ONE OF THE OBJECTIVES BEING TO UPDATE THE NASH FARM MASTER PLAN ON MAY THE THIRD, 2022, THE CITY COUNCIL AUTHORIZED THE CONTRACT WITH ROGERS ARCHITECTS.
ROGERS ARCHITECTS COMPLETED THE ASSESSMENT OF THE EXISTING CONDITIONS AT NASH FARM, AND ALSO COLLECTED INPUT FROM THE COMMUNITY THROUGH A MEETING CALLED BY THE ARTS COMMISSION, HELD ON JULY 14TH, 2022, A COMMUNITY SURVEY AND DIRECT CONVERSATION WITH INDIVIDUALS FROM THE NEIGHBORHOODS ADJACENT TO NASH FARMS. ROGERS.
ROGERS PARTNERS USED THE INFORMATION RECEIVED, DEVELOPED ALTERNATIVE DEVELOPMENT SCENARIOS, AND THE SCENARIOS WERE PRESENTED TO THE CITY COUNCIL.
ON OCTOBER THE 17TH, 2022, THE CITY COUNCIL'S FEEDBACK WAS INCORPORATED INTO THE PROPOSED MASTER PLAN, AND THE MASTER PLAN WAS PRESENTED TO THE CITY OF DESOTOS ARTS COMMISSION AND THE PUBLIC IN NOVEMBER, 2022.
ON FEBRUARY 21ST, 2023, THE PROPOSED MASTER PLAN WAS PRESENTED AND APPROVED BY THE CITY COUNCIL ON JUNE 27TH, 2023.
A PUBLIC HEARING WAS CONDUCTED BEFORE THE PLANNING AND ZONING COMMISSION IN ORDER TO CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR THE REQUESTED PD 1 45 AMENDMENT REQUEST.
DURING THE PUBLIC HEARING, THE CITY'S EX DEPUTY CITY MANAGER PROVIDED DETAILED INFORMATION ABOUT THE HISTORY OF NASH FARM AND THE SIGNIFICANT COMMUNITY OUTREACH AND PUBLIC ENGAGEMENT EFFORTS THAT WERE CONDUCTED IN CONNECTION WITH CREATING THE 2023 NASH FARM MASTER PLAN.
DURING THE PUBLIC HEARING, 13 RESIDENTS APPEARED BEFORE THE COMMISSION AND ALL SPOKE IN OPPOSITION OF THE AMENDMENT REQUESTS.
SEVERAL RESIDENTS VOICED THEIR CONCERNS WITH THE ADDITIONAL NOISE, INCREASED TRAFFIC AND PARKING ISSUES THAT WILL BE CREATED FOR THEIR QUIET NIG QUIET NEIGHBORHOOD IF THE PROPERTY IS DEVELOPED AS IDENTIFIED IN THE 2023 NASH FARM MASTER PLAN, SEVERAL RESIDENTS ALSO VOICED THEIR CONCERNS WITH AN AMPHITHEATER BEING ADDED WITHIN THIS PROPERTY.
FOLLOW THE PUBLIC HEARING, THE PLANNING IS ZONING COMMISSION UNANIMOUSLY APPROVED BY A VOTE OF SEVEN TO ZERO TO MAKE A RECOMMENDATION OF DENIAL TO THE CITY COUNCIL FOR ZONING CASE Z 1497 DASH 23.
SECTION 10.8 E TWO OF THE CITY ZONING ORDINANCE STATES THAT A FAVORABLE, FAVORABLE VOTE OF THREE FOURS OF THE MEMBERS OF THE CITY COUNCIL TENDANCE SHALL BE REQUIRED TO APPROVE ANY ZONING CHANGE REQUESTS, WHICH IS RECOMMENDED FOR DENIAL BY THE PLANNING AND ZONING COMMISSION.
SECTION 10.8 E ONE OF THE ZONING ORDINANCE STATES A FAVORABLE VOTE OF THREE QUARTERS OF ALL MEMBERS OF THE CITY COUNCIL SHALL BE REQUIRED TO APPROVE ANY CHANGE IN ZONING WHEN SUCH ZONING CHANGES PROTESTED BY THE OWNERS OF AT LEAST 20% OF EITHER NUMBER ONE, THE AREA OF LOTS OR LAND COVERED BY THE PROPOSED CHANGE, OR TWO, THE AREA OF THE LOTS OR LAND IMMEDIATELY ADJOINING THE PROPERTY COVERED BY THE PROPOSED CHANGE AND EXTENDING 200 FEET FROM THAT AREA.
[02:10:02]
AS OF JANUARY THE SEVENTH, 20 23, 3 STAFF RECEIVED 20 RETURN PUBLIC HEARING NOTICES ALL IN OPPOSITION OR PROTEST OF THIS PD AMENDMENT REQUEST WITH THE NOTIFICATION AND OPPOSITION MAP PREPARED BY STAFF FOR THAT ZONING CASE SHOWING THAT 23.4% OF THE PROPERTY OWNERS WHO OWNED PROPERTY WITHIN 200 FEET OF THIS PROPERTY WERE IN OPPOSITION OR PROTEST OF THIS PD AMENDMENT.A FAVORABLE VOTE OF THREE QUARTERS OF ALL MEMBERS OF THE CITY COUNCIL WOULD'VE BEEN REQUIRED TO APPROVE THAT PARTICULAR ZONING CHANGE REQUEST.
A PUBLIC HEARING WAS PROPERLY ADVERTISED AND PLACED ON THE CITY COUNCIL.
SEPTEMBER THE FIFTH 2023 MEETING AGENDA ON SEPTEMBER THE FIFTH, 2023, THE CITY MANAGER'S OFFICE WITHDREW THE CITY'S APPLICATION IN ORDER TO HAVE THE NASH FARM MASTER PLAN REDRAWN WITHOUT THE AM HERE THERE AS REQUESTED BY THE PROPERTY OWNERS WITHIN THIS COMMUNITY ON FEBRUARY THE 19TH, 2024 STAFF AND THEIR CONSULTANTS PRESENTED THE REIMAGINED NASH NASHVILLE MASTER PLAN TO THE CITY COUNCIL FOR DISCUSSION ON MARCH THE FIFTH, 2024.
THE NASH PLAN MASTER UPDATE WAS OFFICIALLY APPROVED BY THE CITY COUNCIL, AND THE CITY COUNCIL ALSO OFFICIALLY ORDERED THE PROCESS TO BEGIN TO, IN ORDER TO CONSIDER AMENDING PD 1 45 TO ALIGN WITH THE 2024 NASH NATIONAL FARM NATIONAL PLAN TO UPDATE YOU ABOUT THE PUBLIC ENGAGEMENT THAT OCCURRED FOLLOWING THE JUNE 27TH, 2023 PUBLIC HEARING.
BEFORE THE PLANNING AND ZONING COMMISSION, THE CITY MANAGER'S OFFICE CONTACTED EVERYONE WHO ATTENDED THE PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION, OR WHO HAD SUBMITTED AN OPPOSITION LETTER AND INVITED THEM TO A COMMUNITY MEETING IN THE NASH FARM HOUSE ON JULY THE SIXTH, 2023.
FOLLOWING AN OPEN AND LIVELY CONVERSATION COMMUNITY VOLUNTEERS WERE IDENTIFIED TO MEET WITH THE LEADERSHIP OF THE CULTURAL ARTS FOUNDATION FOR THE PURPOSE OF DEVELOPING OPERATIONAL GUIDELINES DESIGNED TO MITIGATE THE CONCERNS OF THE NEIGHBORING RESIDENTS.
THE CULTURAL ARTS FOUNDATION LEADERSHIP MET WITH THE RESIDENT REPRESENTATIVES FROM THE NEIGHBORHOOD ON JULY THE 18TH, 2023, AND DEVELOPED THE OPERATIONAL GUIDELINES THAT WERE APPROVED BY THE FULL FOUNDATION ON JU ON AUGUST THE SEVENTH, 2023.
THE OPERATIONAL GUIDELINES WERE SHARED WITH ALL RESIDENTS INVOLVED WITH THESE MEETINGS AND ALL, AND STAFF ALSO HUNG DOOR HANGERS TO PROVIDE ADDITIONAL OPPORTUNITIES FOR DISCUSSION WITH THOSE PROPERTY OWNERS DIRECTLY ADJACENT TO NASH FARMS. I PRESENT TO YOU, UH, ON THE SCREEN A COPY OF THE 2023 NASH FARM MASTER PLAN, UH, GIVEN SOME QUICK HIGHLIGHTS TO THIS, UH, RENDITION VERSUS WHAT WAS APPROVED.
THERE IS NO PROPOSED SCREENING ON THE NORTH OR THE WEST OR THE SOUTH SIDE OF THIS PROPERTY.
UH, THE PROPERTY DOES NOT SPECIFICALLY IDENTIFY ANY INCREASED PARKING ON EITHER THE WEST OR THE EAST SIDE OF THE NOW CONSTRUCTED RESTROOM FACILITY.
THE, AND IT, THE AMPHITHEATER IS SHOWN IN THE SOUTHWEST CORNER.
THIS IS THE 2024 NASH FARM MASTER PLAN THAT WAS APPROVED BY THE CITY COUNCIL ON MARCH THE FIFTH, 2024.
AS SHOWN IN THIS RENDITION RENDERING OF THE DRAWING, THERE IS TO BE A MASONRY FENCE ALONG THE NORTH, THE WEST ON THE THE WEST SIDE.
IN ADDITION, BECAUSE OF ELEVATIONAL CHANGES IN THE GROUND, THERE WILL ALSO BE A MASONRY, EXCUSE ME, A RETAINING WALL IN A CONJUNCTION WITH A MASONRY FENCE GOING ALONG THE WEST SIDE OF THE PROPERTY.
THE PAVILION HAS BEEN MOVED AND THEN PROPOSING A PICNIC AREA WITH KIND OF A STEP DOWN SEATING IN TREES, UH, FOR PEOPLE TO READ AND DO SOME CASUAL TYPE ACTIVITIES.
UH, ON THE SIDE WHERE THE DRAINAGE CREEK IS, THEY SHOW ARE PROPOSING A METAL FENCING THAT'S ADDED SECURITY ALONG THE WEST SIDE, ALONG THE RESIDENTIAL PROPERTIES, A CONTINUOUS MASONRY FENCE.
IN THE SECTION WITH THE ELEVATIONAL CHANGE COMBINATION OF RETAINING WALL AND MASONRY FENCE, THEY'RE ADDING AN ADDITIONAL NEW PEDESTRIAN GATE IN THE FRONT, UH, PARKING SPACES, SPECIFICALLY SHOWING 42 INSTEAD OF THE 11 THAT WAS SHOWN ON THE ORIGINAL.
AND AS MENTIONED IN THE WORKSHOP, THEY ARE SHOWING PARKING STALLS THAT ARE STAYING WITHIN THE CITY'S BOUNDARIES OF THE PROPERTY CONCEPTUALLY, UM, FROM THE DALLAS COUNTY CENTRAL APPRAISER DISTRICT THAT SHOWS THE LOCATION OF THE PROPERTY IN THE, UH, FULLY DEVELOPED COMMUNITY, UH, MEADOWBROOK, UH, MEADOWBROOK AREA DRAW, UH, PHO, UH, DRAWING ON THE LEFT JUST SHOWS THE PROXIMITY.
GIVE YOU MORE REFERENCE TO STREET NAMES.
D AD DRAWING ON THE RIGHT GIVES YOU MORE TODAY VISUAL LOOK OF WHAT'S OUT THERE.
[02:15:01]
SUNNING MAP ON THE LEFT, ALL OF THE YELLOW IS THE SINGLE FAMILY.UH, THE GREEN IS TWO FAMILY DUPLEX AND THE PROPOSED PD AMENDMENT, AMENDMENT IS WHERE THE BLACK, UH, REGION IS.
I STATED EARLIER, STAFF SEND OUT NOTICES TO ALL PROPERTY OWNERS WITHIN BOTH THE BLUE AREA, WHICH IS THE 200 FOOT RADIUS AND THE PURPLE AREA, WHICH IS FROM 200 TO 400.
AND PRIOR TO THIS MEETING, STAFF HAD NOT RECEIVED ANY NOTICES IN SUPPORT OF OR IN OPPOSITION OF DURING THE MEETING.
WE HAVE RECEIVED ONE NOTICE THAT WAS HAND GIVEN TO STAFF AND IT READS, I AM FAVOR OF THE REQUEST AND PROPERTY OWNER ON SHADY BROOK DRIVE.
I WON'T GIVE THE ADDRESS WITH CHANGES AGREED UPON.
DURING PRIOR MEETINGS, WHICH I ATTENDED WITH OTHER RESIDENTS IN NASH FARM NEIGHBORHOOD, A FOOT MASONRY FENCE NECESSARY, MY PROPERTY ADJUSTS ADJOINS NASH FARMS. SO WE ONLY HAD ONE PHYSICALLY GIVEN BACK TO US AT THIS TIME COMPARED TO ALL OF THE OTHER ONES THAT WE HAVE RECEIVED.
UH, THIS PROPERTY IS LOCATED WITHIN, UH, PRECINCT PLACE SEVEN, WHICH IS UNDER MAYOR PRO TIM HAT HUGHES PUBLICATION REQUIREMENTS THAT NOTICE OF PUBLIC HEARING WAS PUBLISHED IN THE CITY'S PAPER AT GENERAL CIRCULATION, WHICH IS THE FOCUS DAILY NEWS ON SUNDAY, APRIL THE SEVENTH, 2024.
AGAIN, PUBLIC HEARING NOTICES WERE MAIL MERIT TO ALL PROPERTY OWNERS WITHIN 200 450 THIS PROPERTY AND IS MENTIONED UNTIL THIS MEETING WE HADN'T RECEIVED ANY, BUT NOW WE HAVE ONE IN SUPPORT OF THIS CASE.
STAFF RECOMMENDS THAT THE PLANNING IS ON COMMISSION, CONDUCT A PUBLIC HEARING, AND BY MOTION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO AMEND PLAN DEVELOPMENT 1 45 IN ORDER TO ALIGN WITH THE CITY'S UPDATED 2024 NASH FARM MASTER PLAN.
THIS IS CASE NUMBER Z 15 21 24.
UH, IN THE AUDIENCE, WE HAVE REPRESENTATIVES FROM OUR CITY MANAGER'S OFFICE, MR. LAUNDER, BRIGHAM, UH, ALSO WITH THE CONSULTANT.
SHOULD YOU HAVE ANY ADDITIONAL QUESTIONS BEYOND WHAT STAFF PRESENTED IN OUR REPORT, UH, THAT WILL CONCLUDE STAFF'S REPORT.
I'LL BE GLAD TO ADDRESS ANY QUESTION CONCERNS YOU MAY HAVE.
ALRIGHT, THANK YOU MS. BREWER.
COMMISSIONERS, ANY QUESTIONS? JUST ONE, COULD YOU GO BACK TO THE RENDITION WHERE THE CHANGES ARE MADE AND JUST SOMETHING JUST POPPED OUT AT ME AND, AND I KNOW WE'RE NOT APPROVING THIS, BUT IT LOOKS LIKE THE ROAD FOR THE, THE PARKING LOT TO THE EXPANDED, IT LOOKS LIKE IT RUNS.
IS IT IN FRONT OF THE, YOU'RE SAYING ROAD EXPANDED? NO.
THE DRIVEWAY PARKING LOT CARS ARE GONNA GO OVER TO THE OTHER SIDE.
THIS IS A PARKING LOT AREA WITH AN APPROACH WAY GOING TO THE OTHER PARKING LOT AREA.
THIS IS NOT TO BE A PUBLIC ROAD, BUT A PART OF A PARKING LOT DRIVEWAY AREA.
THE ONLY REASON I BRING THAT OUT IS BECAUSE IF THE CARS ARE GONNA HAVE TO PASS BY THE RESTROOM AND IF A KID OR SOMETHING IS RUNNING OUT, THAT'S THE ONLY THING I'M THINKING SAFETY WISE.
AND I DON'T KNOW IF THEY COULD MOVE IT TO THE VERY END WHERE THE CARS WON'T BE GOING DOWN, BUT THAT'S JUST A THOUGHT.
IT'S NOT RELATIVE TO APPROVING THIS OR NOT, BUT JUST SOMETHING THAT I NOTICED.
ANY, ANY QUESTIONS MS. BROOKS? I WAS JUST INTERESTED IN HEARING ABOUT, UM, WHAT, WHEN IN WAS THE 42 PARKING SPOTS BASED ON COMMUNITY INPUT OR WAS THAT BASED ON THE PROPOSED PROGRAMMING, UH, AT THIS FACILITY? UH, THAT COULD BE ONE QUESTION YOU ASKED.
OH, DO YOU HAVE TO OPEN? SHE'S STAFF.
UM, I'M MARIANO FROM ROGERS PARTNERS, UM, MASTER PLAN AND ARCHITECT, UH, ARCHITECTURAL CONSULTANT.
HI, I AM ROLANDA BRIGHAM CITY, STAFF LIAISON, ARTS, CULTURAL AND HERITAGE MANAGER.
THANK YOU VERY MUCH FOR HEARING US.
AND MA'AM, YOUR QUESTION IS, I WAS JUST, UH, WANTING A LITTLE MORE, A LITTLE INSIGHT INTO HOW WE LANDED AT 42 PARKING SPOTS.
WAS THAT BASED ON COMMUNITY INPUT AND RECOMMENDATIONS, OR WAS THAT BASED ON PROPOSED PROGRAMMING AT NANCE FORUMS AND, YOU KNOW, WHAT YOU THOUGHT ATTENDANCE WOULD BE IN A PARKING NEEDED.
OKAY, I'M GONNA DEFER TO MARIANA.
SO, JUST AS CLARIFICATION, THE RESTROOM BUILDING THAT YOU SEE THERE, IT'S ALREADY EXISTING.
THE WHERE THE WORDS EXPANDED PARKING IS LOCATED RIGHT NOW, THERE'S LIKE AN IMPROVISED PARKING SPACES.
SO WE MAXIMIZED THE SPACE, BUT THEN AFTER HEARING AND AND ADHERING TO THE OPERATIONAL GUIDELINES THAT THE COMMUNITY HAS THAT LIMIT THE EVENT CAPACITY TO 75 PEOPLE,
[02:20:01]
WE, UM, REDID THE PARKING, UM, LAYOUT AND LANDED WITH 42 SPOTS, WHICH WOULD BE ENOUGH TO ACCOMMODATE AN EVENT OF THAT CAPACITY THAT ALSO ADDRESSED THE NOISE CONCERNS BECAUSE EVENTS WOULD NOT BE, UM, AS LARGE AS THE COMMUNITY HAD, UM, ANTICIPATED IN THE, IN THE PREVIOUS PLAN.UM, HOW LARGE, WHAT'S THE OCCUPANCY OR THE, UM, THE TOTAL AMOUNT OF PEOPLE THAT CAN ATTEND ANY TYPE OF VENUE WHERE THERE'S A WEDDING OR WHATEVER ON OUR OPERATIONAL GUIDELINES? IT HAS ALL OF THAT, BUT 75.
ANY OTHER QUESTIONS? ALRIGHT, HERE.
THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION.
THE TIME IS NOW 8:32 PM WE'LL TAKE THIS OPPORTUNITY TO OPEN UP THE PUBLIC HEARING ON ITEM E THREE, WHICH IS CASE NUMBER Z DASH 1521 DASH 24.
UH, ANY INTERESTED PARTY, UH, CAN COME FORWARD AND HAVE THREE MINUTES TO SPEAK EITHER IN FAVOR OR AGAINST THIS PARTICULAR AGENDA ITEM.
UH, JUST AS A HOUSEKEEPING MATTER, UM, I HAVE RECEIVED SEVERAL COMMENT CARDS.
UH, FOUR OF THEM INDICATED, UH, THAT THE, UH, CITIZENS SIMPLY WANTED THEIR, UH, OPINION ON THE MATTER TO BE HEARD, BUT DIDN'T NECESSARILY WANT TO SPEAK.
AND THEN WE HAVE TWO INDIVIDUALS WHO DO WANT TO SPEAK.
SO FOR THE RECORD, WE HAVE, UH, KATHY JONES, WHO IS IN FAVOR OF THE AGENDA ITEM WE HAVE.
AND I, IF I DO BUTCHER YOUR NAME, PLEASE REMEMBER, MY FIRST NAME'S THELONIOUS, SO I'M NOT TRYING TO DO IT INTENTIONALLY.
UH, WENDELL IN FAVOR OF THE AGENDA ITEM.
AND, UH, LAST BUT NOT LEAST IS JEFF WENDELL IN FAVOR OF THE AGENDA ITEM.
AND AGAIN, THESE ARE FOUR COMMON CARDS WHICH THESE PARTICULAR CITIZENS DID NOT WANT TO SPEAK.
AND WHAT'S YOUR NAME, MA'AM? MARY KAY BERRY.
OH, WELL THEN WHY YOU COME ON UP AND WE WILL, WE WILL GIVE YOU YOUR THREE MINUTES.
SO IF YOU WOULD, AGAIN, IF YOU WOULD, UM, STATE YOUR NAME FOR THE RECORD AND ALSO JUST A CITY OF OF RESIDENCE.
I'M MARY KAY DEBERRY, DESOTO, TEXAS.
I'M HERE AS A CITIZEN AND NOT A BOARD MEMBER.
IN 2007, I BROUGHT INFORMATION FROM ONE OF MY CLIENTS TO THE CITY TO LET THEM KNOW THAT NANCE FARM WAS GOING TO GO ON THE AUCTION BLOCK.
AND HOW MUCH OF A SHAME I THOUGHT IT WOULD BE IF WE PASSED UP OUR, PERHAPS OUR LAST OPPORTUNITY TO REPURCHASE NANCE FARM.
WE FORMED THE HISTORICAL FOUNDATION AND I WAS THE FIRST ONE THAT WAS APPOINTED TO THAT BOARD.
I MET WITH THE NANCE FARM, DESCENDANTS, THE YOUNGEST OF THE 13 CHILDREN AS THEY CAME ACROSS FROM ILLINOIS ACROSS THE PRAIRIE IN 1847 TO SETTLE IN WHAT BECAME DESOTO.
I MADE A COMMITMENT TO HER WHEN SHE WAS 91 YEARS OLD.
I ASKED HER, MS. NANCE, WHAT WOULD YOU LIKE TO SEE DONE HERE? AND SHE SAID, WE HAD NOT A LOT OF MONEY, BUT WE HAD A LOT OF LOVE AND A LOT OF JOY.
I WANT TO SEE PEOPLE COME HERE AND FEEL THE JOY OF THIS FARM.
AND I MADE A COMMITMENT TO HER THAT I WOULD DO EVERYTHING IN MY POWER AS A CITIZEN TO SEE THAT THAT HAPPENS.
I APPLIED FOR OVER $1 MILLION IN GRANTS SO THAT WE COULD START THE RENOVATION AND WORK WITH THE TEXAS HISTORICAL COMMISSION ON THE GUIDELINES OF WHAT WE COULD AND COULD NOT DO.
I HAVE CRAWLED IN THE ATTIC OF THAT HOUSE.
I HAVE CRAWLED UNDER THAT HOUSE.
I'VE BEEN ON EVERY INCH OF THAT PROPERTY.
I LOVE THAT PROPERTY AS IF IT WAS MY OWN HOMESTEAD.
WHEN I FIRST HEARD THERE WAS GONNA BE A CULTURAL ARTS GROUP THAT WAS GONNA TAKE THAT OVER AND THEY WERE BUILDING A NICE SHINY NEW BUILDING ON IT.
I WAS PERSONALLY OPPOSED TO IT WHEN I FOUND OUT THAT IT WAS GOING TO BE FOR ART LESSONS AND ART DISPLAYS AND ART SHOWS AND THAT TYPE OF THING.
THERE IS ART THAT RUNS THROUGH THE DNA OF THE NANCE FAMILY.
AND I COULD SEE MRS. NANCE SMILING AS SHE SAW THAT DEVELOP.
SO I AM NOW A PART OF THAT PROCESS.
I WAS THE LEADER THAT PLANNED THE FIRST TWO OPENING EVENTS.
[02:25:01]
WE HAD A VIP INVITATION ONLY EVENT, AND THEN WE HAD THE GRAND OPENING WITH, WHICH WAS A FAMILY FARM FESTIVAL FOR ALL AGES.WE HAD THE TEXAS GIRLS CHOIR SING ON THE FRONT PORCH OF THAT FARM HOME.
WE HAD THE SILVER SERENADE SING ON THE BACK PORCH OF THAT FARM HOME.
WE INVITED THE NEIGHBORS THEN FOR A PREVIEW SO THAT IT WOULD BE PART OF THEIR NEIGHBORHOOD AND PART OF THE PRIDE OF THEIR NEIGHBORHOOD.
WE MET WITH THEM IN OH SEVEN AND OH EIGHT TO MAKE SURE WE WERE TAKING INTO CONSIDERATION THEIR CONCERNS.
AND, AND MA'AM, THAT THAT IS YOUR TIME.
UH, IT IS CLEAR YOU ARE IN FAVOR OF THE AGENDA ITEM.
UH, THE NEXT PERSON WILL HAVE COME FORWARD IS MS. PAMELA SPOONER AND MS. SPOONER, UH, YOU SAID NO, NO COMMENT.
JUST MY CARD GOT THIS PLACED SO WE NEEDED TO ADD IT TO BE IN FAVOR OF.
SO WE HAD TO DUPLICATE, BUT YOU ARE IN FAVOR.
THE LAST COMMENT CARD I HAVE AND, AND LADIES AND GENTLEMEN, IF THERE'S ANYBODY WE MISSED.
SO YOU DIDN'T HAVE A CHANCE TO FILL IN A COMMENT CARD, PLEASE SEE MR. CARROLL.
BUT THE LAST COMMENT CARD I HAVE IS FROM MR. JIM WHITE.
UH, MR. WHITE, IF YOU WANNA COME FORWARD, STATE YOUR NAME AND SEE THE RESIDENCE PLEASE AND YOU'LL HAVE THREE MINUTES AS WELL.
I AM THE PRESIDENT OF, UH, MEADOWBROOK, UH, SIX HOMEOWNERS ASSOCIATION.
I'M LIVING IN DESOTO HALF FOR 40 SOME YEARS.
UM, WHEN WE FIRST WENT THROUGH THIS PROCESS, UM, THERE WAS A LOT OF CONCERNS OF WHAT WE DID, UM, OF WHAT WE WERE GOING TO DO.
WE WERE CONCERNED ABOUT THE NOISE, WE WERE CONCERNED ABOUT PARKING.
UH, WE WERE CONCERNED ABOUT EVENTS THERE THAT WOULD SPILL OUT INTO THE NEIGHBORHOOD.
UM, EVERYBODY FROM THE CITY WORKED FOR WITH US EXTREMELY WELL.
UH, WE ADDRESSED THE NOISE ISSUE TWO WAYS.
NUMBER ONE WAS TO ELIMINATE THE AMPHITHEATER.
SECOND THING WAS TO, UM, MAKE SURE THE GROUPS WEREN'T THAT LARGE.
UH, 75 PEOPLE, THE MAXIMUM SIZE THAT WILL BE ACCORDING TO THE OPERATIONAL GUIDELINES.
UM, PARKING WAS A REAL CONCERN.
10 PARKING SPACES, THEY'D SPILL OUT ALL OVER THE NEIGHBORHOOD.
YES, THERE ARE, THERE ARE 11 SPACES ON THE ROAD, BUT THERE ISN'T ANY REASON WHY EVERYBODY CAN'T PARK IN THERE FOR ANY EVENT BECAUSE THERE'S ALMOST A PARKING SPOT FOR EVERY TWO PEOPLE THAT ARE, THAT ARE GONNA BE THERE.
SO THAT SHOULD WORK OUT REALLY WELL.
THE THIRD THING THAT WAS A REALLY CONCERN OF SPILLING OUT INTO THE NEIGHBORHOOD, MAKING SURE THAT THE, UM, DIFFERENT EVENTS WERE MANAGED AND THERE'S GONNA BE A MANAGER THERE FOR EVERY EVENT.
THAT'S A BIG THING FOR THE NEIGHBORHOOD TO MAKE SURE EVERYTHING GOES SMOOTH, TO MAKE SURE NOTHING SPILLS OUT TO MAKE SURE THAT THE NEIGHBORHOOD'S TAKEN CARE OF.
SO WE SUPPORT IT, UH, WHOLEHEARTEDLY, UH, BECAUSE IT'S, WE'RE VERY, VERY PLEASED THE WAY THE CITY WORKED WITH THE NEIGHBORHOOD AND TO MAKE THE PROJECT WORK.
AND AS THE LADY JUST SAID, JUST NOW, IT'S IS A HISTORICAL SITE.
WE WANT IT TO BE USED FOR THE ARTS.
SO, UH, WE'RE VERY PLEASED TO, UH, SUPPORT THE PROGRAM OR SUPPORT THE PROJECT.
ALRIGHT LADIES AND GENTLEMEN, IS THERE ANY OTHER INTERESTED PARTY WHO'D LIKE TO SPEAK EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM? ALRIGHT, I ASK ONCE AGAIN, IS THERE ANYONE EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM WHO HAS NOT ALREADY SPOKE, WHO WOULD LIKE TO HAVE AN OPPORTUNITY TO SPEAK? ALRIGHT, HEARING AND SEEING NONE, WE'LL TAKE THE OPPORTUNITY AT 8:41 PM TO CLOSE THE PUBLIC HEARING.
COMMISSIONER, ANY OTHER QUESTIONS OR COMMENTS RELATED TO THIS PARTICULAR AGENDA ITEM? MR. BELL? GO AHEAD.
UH, UH, MR. CHAIR, CAN YOU GIVE US THE TOTAL FOR AGAINST AND FOR PLEASE AGAIN, DO I GIVE YOU WHAT NOW? THE TOTALS FOR WHO WE'RE AGAINST AND THE TOTAL WE HAD, UH, FIRST OF ALL, MR. BREWER, HE BASICALLY, UH, TOLD US THAT THERE WAS ONE NOTICE THEY RECEIVED IN FAVOR.
AND THEN IN TERMS OF COMMON CARDS, WE HAVE ONE, TWO, THAT'S A DUPLICATE.
[02:30:03]
SO I HAVE SIX COMMON CARDS BEFORE ME, AS WELL AS THE ONE LETTER IN FAVOR THAT, UH, STAFF RECEIVED PRIOR TO THIS MEETING.AND I'LL JUST ADD, BASED ON THE LAST MEETING, THERE WERE SEVERAL IN OPPOSITION, I'D LIKE TO MOVE THEM OVER TO THE IN FAVOR SIDE FOR THIS CASE.
ALRIGHT, MR. CHILLER, I JUST WANNA THANK EVERYBODY FOR BEING HERE TONIGHT.
I THINK SOMETIMES, UH, WE SEE PEOPLE VISIT OUR MEETINGS AND WE ANTICIPATE THAT THERE'S GOING TO BE CONFLICT.
AND INSTEAD I WAS REALLY ENCOURAGED TO SEE PEOPLE COME HERE IN SUPPORT OF SOMETHING.
AND SO I JUST WANNA THANK YOU GUYS FOR BEING HERE.
ALRIGHT? AND I'LL JUST MAKE ONE COMMENT.
YOU KNOW, THIS IS HOW THE PROCESS IS SUPPOSED TO WORK BECAUSE I DO REMEMBER BACK IN 2023, THERE WAS A WHOLE DIFFERENT TONE.
YOU KNOW, BOTTOM LINE IS PEOPLE WERE READY TO FIGHT, YOU KNOW, AND, AND, AND SO BASICALLY, YOU KNOW, WE VOTED IT DOWN.
STAFF, YOU KNOW, GOT THE, UH, INFORMATION FOR, FROM EVERYBODY IN THE NEIGHBORHOOD WHO HAD CONCERNS.
THERE WERE MEETINGS, YOU KNOW, STAFF LISTENED, THE CITY LISTENED, THE AMPHITHEATER WAS PUSHED TO THE SIDE.
OKAY, THAT'S NOT GONNA WORK IN THIS COMMUNITY.
HEY, WE NEED TO ADDRESS THE PARKING SITUATION THAT HAS BEEN ADDRESSED.
SO THAT'S HOW I SUPPO THAT'S WHAT WE WANT TO SEE HAPPEN.
WE WANNA SEE PROGRESS IN THE CITY, BUT WE WANT TO SEE PROGRESS WHERE THE CITIZENS ARE ENGAGED AND PART OF THE PROGRESS WHERE, YOU KNOW, NOBODY LIKES TO BE SPOONFED PROGRESS.
EVERYBODY WANTS TO BE PART OF PROCESS.
AND SO I'M HAPPY TO, TO SEE THAT THE PROCESS WORK OF THAT.
NOW, INSTEAD OF, YOU KNOW, 13 OR SO, WHATEVER THE REPORTS THERE CAME AND SPOKE AGAINST, NOW EVERYBODY'S IN FAVOR OF IT BECAUSE THE PROCESS WORKED.
AND THAT'S A TRIBUTE AND A TESTAMENT TO NOT ONLY THE RESIDENTS, BUT ALSO CITY STAFF AND THE CITY, EVERYBODY WORKING TOGETHER.
AND THAT'S WHAT WE'D LIKE TO SEE IN THE CITY OF DESOTO.
SO I THINK EVERYBODY OUGHT TO BE APPLAUDED.
NOW, I GOTTA STICK TO MY OWN RULES.
LET'S, LET'S NOT APPLAUD, BUT I THINK EVERYBODY OUGHT BE APPLAUDED.
SO WITH THAT BEING SAID, UH, COMMISSIONERS, IF THERE'S NO FURTHER COMMENTARY OR NO FURTHER QUESTIONS, IS THERE A MOTION? YES, MS. BROOKS, I MOVE THAT WE FOLLOW STAFF RECOMMENDATION FOR APPROVAL, UH, IN CASE NUMBER Z 1521 DASH 24 IS THERE MOVED BY MS. BROOKS.
OKAY, ANY UN READINESS HEARING IS SAID? NONE.
ALL IN FAVOR? RAISE YOUR RIGHT HAND AND SAY AYE.
THOSE OPPOSED TO DO THE SAME AS SAY NAY.
[1. Discuss and consider the start time for Planning and Zoning Regular Meeting. ]
WE'LL MOVE ON NOW TO THE NEXT AGENDA ITEM, WHICH IS ITEM NUMBER F1, WHICH IS DISCUSSED.AND CONSIDER THE START TIME FOR THE PLAN AND ZONING.
UH, MR. BREW, I DON'T KNOW IF YOU WANT TO ADD ANY ADDITIONAL, UH, ANYTHING IN ADDITION TO WHAT WE ALREADY TALKED ABOUT IN THE WORK SESSION.
I KNOW I DON'T HAVE ANYTHING IN ADDITION TO MENTION, UH, COMMISSIONERS ANY OTHER COMMENTARY AS IT RELATES TO THIS AGENDA ITEM.
SO JUST BE REMINDED THAT OUR NEXT MEETING WILL START AT 6:00 PM THAT WILL ACTUALLY BE THE REGULAR SESSION WILL START AT 6:00 PM MY NEXT MEETING.
I WANTED TO ASK MR. ELLI, UH, A QUESTION ONLY BECAUSE, UM, YOU KNOW, LAST TIME THAT CAME TO THE, TO US, WE WERE CONSIDERING, UH, THE START TIME WITH KNOWING THAT YOU WERE WORKING AND, UH, YOU DID MENTION THIS EVENING, YOU, YOU'RE A LITTLE CONCERNED ABOUT WHERE YOU WORK AND MAKING IT ON TIME.
OKAY, SO YOU'RE, YOU'RE GONNA BE OKAY WITH SIX I I'M GONNA MAKE EVERY EFFORT TO BE HERE.
I JUST, JUST WANT TO MAKE SURE I HAVE A BAND DIRECTOR THAT USED TO SAY TO BE ON TIME IS TO BE LATE.
AND SO, UM, JUST TRY TO STICK WITH THAT.
DIDN'T STICK WITH THE BAND THOUGH.
AND I, AND I WILL, AND THANK YOU MR. CHAIR FOR THAT.
UH, I WOULD ASK, UH, THAT WE PLACE ON THE NEXT AGENDA, UH, A SIMILAR AGENDA ITEM WHERE WE'LL DISCUSS AND AGAIN, AGAIN, AND CONSIDER THE START TIME, UH, JUST SO WE CAN SEE WHETHER OR NOT SIX O'CLOCK IS WORKING FOR EVERYBODY.
AND PURSUANT TO THE ADVICE OF THE CITY ATTORNEY, IT NEEDS TO BE ON THE AGENDA ITEM FOR US TO FORMATIVE DISCUSSION.
SO WE'LL HAVE A DISCUSSION AND SEE IF SIX O'CLOCK WORKS, UH, OR IF THERE NEEDS TO BE ANY ADJUSTMENTS MADE.
UH, WE'LL CERTAINLY, UH, ENTERTAIN, UH, THOSE TYPE OF, UH, QUESTIONS AND COMMENTARY AT THAT TIME.
WITH THAT BEING SAID, WE'LL MOVE ON TO THE NEXT ITEM ON THE AGENDA, WHICH IS ITEM NUMBER G, WHICH IS THE AGENDA.
SOMEBODY'S HAVING A GOOD TIME.
UH, G WHICH IS CITIZENS APPEARANCES.
UH, THE CITY OF DESOTO
AND FOR THOSE WHO CAN'T SEE, FOR THOSE WHO CAN'T SEE, WE, WE HAD A BUNCH OF CITIZENS HERE, BUT, BUT NOW THEY'RE NOT HERE.
SO EVERYBODY'S LAUGHING AT ME.
BUT I DO HAVE TO FOLLOW THE AGENDA.
[02:35:01]
SO THE AGENDA REQUIRES ME TO BASICALLY OPEN IT UP FOR CITIZEN APPEARANCES.IF THERE'S ANYBODY HERE WHO WOULD LIKE TO TALK ON, ON A ITEM THAT WAS NOT ON THE PRINTED AGENDA THIS EVENING, THERE'S YOUR OPPORTUNITY TO DO SO.
UH, IS THERE ANYBODY HERE WHO WOULD LIKE TO SPEAK? OKAY, I THINK IT'S SAFE TO SAY WITHOUT CALLING IT.
AGAIN, WE HAVE NO SPEAKERS TONIGHT FOR CITIZEN APPEARANCES.
SO WITH THAT BEING SAID, UH, STAFF, IT IS 8:47 PM IS THERE ANY OF THE MATTER WE NEED TO TAKE UP? NO SIR.
ALRIGHT, WITH THAT BEING SAID, IS THERE A MOTION TO ADJOURN THE MEETING? SO MOVED.
IT'S BEEN MOVED BY MR. RAVENELL.