Aug 13, 2024 Planning and Zoning Commission Meeting

FIRST PUBLIC HEARING IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR THE APPLICANT'S REQUEST TO OBTAIN A SPECIFIC USE PROGRAM, A SUP IN ORDER TO ESTABLISH AND OPERATE A SCHOOL BUSINESS BEAUTY SCHOOL AT 1700 NORTH HAMPTON ROAD, SUITE 1 0 5.

THOSE OPPOSED.

DO THE SAME AND SAY NAY.

THE AYES HAVE IT.

FIVE ZERO.

WE'LL MOVE ON NOW TO THE PUBLIC HEARING PORTION OF OUR AGENDA.

AND LADIES AND GENTLEMEN, FOR THOSE WHO WOULD LIKE TO SPEAK, AGAIN, WHETHER YOU WANNA SPEAK IN FAVOR OR AN OPPOSITION PARTICULAR AGENDA ITEM, PLEASE FILL OUT A COMMON CARD WITH MR. TRENT CARROLL.

MR. CARROLL IS SEATED TO MY LEFT WITH HIS HAND UP NEXT TO THE DOOR, IF YOU WILL FILL OUT A COMMENT CARD IF YOU WANNA SPEAK.

WE HAVE TWO PUBLIC HEARINGS THIS AFTERNOON.

IF YOU WANNA SPEAK ON EITHER ONE OF THEM.

THE

[1. Conduct Public Hearing and consider making a recommendation to the City Council for the applicant's request to obtain a Specific Use Permit (SUP) in order to establish and operate a "School, Business" (Beauty School) at 1700 N. Hampton Road, Suite #105. The applicant is Ashley Yeldell-Paskins and the property owner is Grand Fortune Estates, LLC. (Case No. Z-1528-24) ]

THE A APPLICANT IS ASHLEY YAELL PASKINS AND THE PROPERTY OWNER IS GRAND FORTUNE ESTATES, LLC.

THIS IS CASE NUMBER Z DASH 1528 DASH 24 AT MS. BUR.

GOOD EVENING TO YOU.

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

ON MARCH THE FIRST, 2022, THE CITY COUNCIL APPROVED ORDINANCE NUMBER 2265 DASH 22 GRANTING THE APPLICANT A PACIFIC USE PERMIT TO ESTABLISH AND OPERATE A BEAUTY SCHOOL AT 1615 NORTH HAMPTON ROAD, SUITE 100.

NOTE SUVS ARE NOT TRANSFERRABLE FROM ONE PROPERTY TO THE OTHER.

ON JULY THE 10TH, 2024, THE APPLICANT ENDED TO A NEW LEASE AGREEMENT WITH GRAND FORTUNE ESTATES LLC IN ORDER TO RELOCATE AND ESTABLISH HER COSMETOLOGY SCHOOL AT 1700 NORTH HAMPTON ROAD, SUITE 1 0 5.

ON JULY THE 24 20 24, THE APPLICANT SUBMITTED AN SUP APPLICATION TO THE CITY TO BEGIN THE PROCESS OF OBTAINING A CITY USE PERMIT TO ESTABLISH AND OPERATE HER RELOCATED COSMETOLOGY SCHOOL AT 1700 NORTH HAMPTON ROAD, SUITE 1 0 5.

UM, GIVEN TO YOU SITE MAPS HERE, UH, I DO WANT TO REFERENCE, IF YOU LOOK AT THE SCREEN, WHERE I'M HIGHLIGHTING NOW IS THE LOCATION THAT, UH, THE APPLICANT IS RELOCATING FROM.

THIS IS THE L-SHAPED BUILDING.

THIS FIRST, UH, SECTION HERE IS WHAT HAD, UM, WHAT SHE OCCUPIED IT CALLED THE BAR.

WHAT'S THE NAME OF THE, UH, COSMETOLOGY SCHOOL AND GEOGRAPHICALLY RISE.

SHE'S RELOCATING RIGHT ACROSS THE STREET AND UP THE STREET.

SO THIS BERNARD, OKAY, ONE SECOND PLEASE.

THANK YOU, CASEY.

OKAY,

[00:05:07]

I CAN GO THROUGH SOME ADDITIONAL COMMENTS.

UH, THE, THE MOUSE WAS SHOWING THAT THE GEOGRAPHIC LOCATION, UH, THE NEW, UH, PROPERTY IS LOCATED ALONG THE, UH, EAST SIDE OF NORTH HAMPTON, SOUTH OF SEAHAWK, UH, BOULEVARD.

UH, THERE ARE TWO EXISTING 10,000 SQUARE FOOT, UH, SQUARE FOOT BUILDINGS THERE.

UH, AND SHE'S PROPOSING TO OCCUPY ONE OF THE SUITES IN THIS SUITE 1 0 5.

LOOKING AT THE SCHEDULE OF USAGES, UM, FOR BEAUTY SCHOOLS, IT, THEY'RE CLASSIFIED UNDER SECTION 36.6, EDUCATIONAL, INSTITUTIONAL AND SPECIAL USAGES.

THE BEAUTY SCHOOLS ARE ACTUALLY ESTABLISHED AS A USE BY RIGHT IN THE OFFICE TWO AND THE COMMERCIAL ONE AND COMMERCIAL TWO DISTRICTS.

THEY REQUIRE PACIFIC USE PERMIT IN THE GENERAL RETAIL MIXED USE ONE AND MIXED USE TWO.

AND THEN THEY ARE ALLOWED TO BE CONSIDERED IN A PLANT DEVELOPMENT, UH, ZONING AREA.

WITH THIS PROPERTY BEING ZONED GENERAL RETAIL, IT DOES REQUIRE SPECIFIC USE PERMIT.

SO THAT IS WHY THE, UH, APPLICANT IS HERE AGAIN.

AND MS. BREWER, WOULD YOU LIKE TO TAKE A FIVE MINUTE RECESS WHILE WE ADDRESS THE AUDIO VIDEO? SURE.

MM-HMM, , THE TIME IS NOW 6 0 6.

WE'LL TAKE A FIVE MINUTE RECESS.

WE'LL RESUME THE MEETING AT SIX 11.

CORPORATION ARE HERE ALONG WITH THE APPLICANTS.

I DON'T THINK WE'RE GONNA GET ANY OBJECTION FROM ANYONE FROM STARTING A LITTLE EARLY.

UH, IF THERE ARE ANY OBJECTIONS AT THIS TIME, THEY'LL GET A SHOW OF HANDS.

I DIDN'T THINK SO.

THE TIME IS 6 0 7.

LET'S RESUME THE MEETING, MR. BURER, PLEASE.

OKAY, THANK YOU.

SO AGAIN, UP ON THE SCREEN YOU WILL SEE THE, UH, THE AERIAL AND, UH, DALLAS COUNTY APPRAIS DISTRICT MAPS TO GIVE YOU THE, UH, LOCATION OF WHERE THESE TWO 10,000 SQUARE FOOT BUILDINGS ARE LOCATED.

AND SUITE 1 0 5 IS ACTUALLY GONNA BE IN THE VERY FIRST BUILDING CLOSEST TO HAMPTON ROAD.

UH, AS I JUST MENTIONED, I'M GIVING YOU SECTION 36.6 OF THE ZONING ORDINANCE.

THAT ACTUALLY, UH, SHOWS YOU WHERE THESE SCHOOLS OF BUSINESS, WHICH ARE ALSO DEFINED AS BEAUTY SCHOOLS IN THIS CASE, ARE ALLOWED.

AND AGAIN, IT'S A USE BY RIOT IN OFFICE TWO AND THE COMMERCIAL ONE AND COMMERCIAL TWO.

AND IN ZONING DISTRICTS GENERAL RETAIL AND MIXED USE ONE AND MIXED USE TWO, IT DOES REQUIRE PACIFIC USE PERMIT.

AND UNDER THE PLAN DEVELOPMENT, IT, IT CAN BE CONSIDERED.

ON THE SCREEN, YOU WILL SEE THE NOTIFICATION MAP.

AGAIN, WE ARE REQUIRED BY THE STATE STATUTE TO SEND OUT PUBLIC HEARING NOTICES TO ALL PROPERTY OWNERS WITHIN 200 FEET.

THAT IS THE REGION YOU SEE COLORED IN BLUE.

AND OUR COUNCIL HAS AMENDED OUR ZONING ORDINANCE, UH, REQUIRING US TO SEND COURTESY NOTICES TO ALL PROPERTY OWNERS FROM THAT 200 FOOT TO 400 FOOT MARK.

THAT IS WHAT YOU'RE SEEING IN THE PURPLE.

UH, AS OF TODAY, CITY STAFF HAS RECEIVED NO NOTICES RETURNED IN FAVOR OF OR IN OPPOSITION OF THIS PARTICULAR CASE.

UH, AGAIN, THE, THE ZONING MAP ON THE RIGHT IDENTIFIES IN GREEN THAT ALL OF THIS PROPERTY, UH, THE LOT THAT WE'RE REFERRING TO, THAT SEVENTEEN HUNDRED AND SEVENTEEN OH FOUR IS THIS LOT WHERE I'M HIGHLIGHTING I'VE INCLUDED IN YOUR PACKAGE, UM, A, A SITE PLAN THAT I DID RECEIVE FROM THE, UH, MANAGEMENT OFFICE FOUR WAY.

UM, AND IT WAS, UH, PUT IN YOUR PACKAGE.

IT MAY BE HARD TO READ, BUT IT WAS GOING TO HELP GIVE YOU A DEFINITIVE INDICATION OF THE 66 PARKING STALLS THAT EXISTS IN BOTH THE FRONT AND THE BACK OF THE TWO 10,000 SQUARE FOOT BUILDINGS.

I WAS ALSO GIVEN BY THE PROPERTY MANAGEMENT COMPANY KIND OF A TABLE, UM, THAT, THAT WAS SHOWING THE, A LIST OF TENANTS.

IT HAS ADDED THE, UH, BAR, UH, UM, THE BAR ORGANIZATION.

UM, THEY'RE SHOWING 66 TOTAL SPACES HERE.

UM, BOTH A REPRESENTATIVE FROM THE, UH, MANAGEMENT

[00:10:01]

IF YOU REALLY HAVE ANY SPECIFIC QUESTIONS ABOUT PARKING.

UM, HOW MANY UNITS ARE CURRENTLY FULLY OCCUPIED OR WHETHER OR NOT THERE'S SOME VACANCIES.

UH, ONE THING TO NOTE IS, UH, WHEN I DID TAKE, GO UP THERE AND TAKE MY PICTURES, THERE WAS A LOT OF VACANCIES THERE, UH, ACCURATELY.

I'M NOT SURE WHAT SUITES WERE OCCUPIED OR NOT, UH, BUT IF ANY OF THE SUITES ARE VACANT RIGHT NOW, WE WILL HAVE TO TAKE THEM ON A CASE BY CASE WHEN THEY COME IN TO APPLY FOR A CO THEMSELVES TO BE SURE THAT THE TOTAL NUMBER OF PARKING SPACES, WHICH ARE SHOWN TO BE 66 ARE NOT EXCEEDED, UH, PHOTOS, AGAIN, THEY, UH, TELL THE PICTURE AND, AND GIVE US A THOUSAND WORDS.

THE FIRST VIEW, I'M STANDING IN THE, UH, NORTHWEST CORNER, LOOKING SOUTHEAST, UH, YOU'LL BE ABLE TO SEE THE, UM, NORTH SIDE OF THE BUILDING AND THE WEST SIDE OF THE BUILDING ON THESE TWO PHOTOS.

THE NEXT ONE, I'M MORE SO STANDING ON THE SOUTH SIDE OF THE BUILDING CLOSEST TO HAMPTON ROAD.

UH, I'M SHOWING YOU THAT THEY DO HAVE PARKINGS, UH, RIGHT IN FRONT OF THE BUILDING AND ACROSS THE, UM, THE, THE, THE PARKING LOT THAT YOU SEE THERE, PLUS A LITTLE SMALL SECTION OF ABOUT FOUR IN THE VERY CORNER.

UH, THIS IS THE VIEW.

I'M IN THE SOUTHEAST CORNER HERE.

LOOKING BACK NORTHWEST, UH, YOU SEE ALL THE AVAILABLE PARKING SPACES.

I'M LOOKING AT THE REAR OF THE SECOND BUILDING, WHICH HAS A SEPARATE ADDRESS.

THERE'S 1704 NORTH HAMPTON.

UH, THE PHOTO ON THE RIGHT, I'M MORE ON THE, UH, NORTHERNMOST SIDE, UH, NORTHEAST CORNER, UH, SEEING ALL THE PARKING SPACES THERE.

AND THEN THE NEXT PHOTO I'M COMING BACK TOWARD, THERE'S A PRIVATE DRIVE IN THE BACK.

AND YOU CAN SEE THERE ARE SOME ADDITIONAL PARKING SPACES.

WHEN I ORIGINALLY DID MY REPORT, UH, I HAD TAKEN THIS PHOTO THAT'S ON THE PROPERTY, UM, TO GIVE YOU A BEARING.

UM, AND I'LL HAVE THE REPRESENTATIVE OF THE PROPERTY MANAGER TO CORRECT ME, BUT I BELIEVE SUITE 1 0 6 IS GONNA BE IN THIS REGION HERE.

HAMPTON ROAD IS GOING TO BE UP IN HERE.

AND SO THIS IS THE SOUTHEAST MOST CORNER, BUT THEY CAN CLARIFY THAT.

UM, WHEN THEY COME SPEAK TOWARDS YOU, STAFF DOES RECOMMEND THAT THE PLANNING IS ZONING COMMISSION, CONDUCT A PUBLIC HEARING, AND BY MOTION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL FOR THE APPLICANT'S SUP REQUEST IN ORDER TO ESTABLISH AND OPERATE A SCHOOL BUSINESS BEAUTY SCHOOL AT 1700 NORTH HAMPTON ROAD, SUITE NUMBER 1 0 5.

AS PRESENTED, I'LL ADDRESS ANY QUESTIONS OR CONCERNS ANY OF THE COMMISSIONERS MAY HAVE AT THIS TIME.

THANK YOU MR. BREWER.

COMMISSIONERS.

ANY QUESTIONS? UH, JUST ONE FOR STAFF.

UH, MR. BREWER, DO YOU RECALL WHICH DAY AND TIME OF DAY THESE PHOTOS WERE TAKEN? EARLY AFTERNOON ON A, WHICH DAY OF THE WEEK? UM, HONESTLY DON'T REMEMBER.

I HAVE TWO DIFFERENT NUMBERS HERE AND I WANNA MAKE SURE I HAVE THE CORRECT NUMBER.

COULD YOU TELL ME AGAIN THE TOTAL NUMBER OF PARKING SPACES BY WHAT I, BY WHAT I RECEIVED FROM THE PROPERTY MANAGEMENT? IT SHOWS 66 IN THIS NUMBER HERE.

AND, AND THIS PARTICULAR BUSINESS IS REQUIRING TO HAVE 22 PARKING SPACES, IS THAT CORRECT? I BELIEVE SO, YES.

IF THAT USE IS WHAT THEY ARE SET UP TO DO, THE APPLICANTS ARE HERE AND SHE WILL BE ABLE TO GIVE, UH, MORE INDICATION OF THE TRUE OPERATION PROPOSAL OF, OF, UH, HAVING, UH, INSTRUCTORS THERE VERSUS STUDENTS.

UM, WHAT'S GONNA BE DONE DURING THE DAYTIME, WHAT'S GONNA BE DONE IN THE EVENING? OKAY.

AND THE LAST THING THAT I JUST WANTED TO PUT ON THE RECORD IS WE HAD A SIMILAR CASE LIKE THIS, UH, RELATIVE TO THE PARKING THAT I THINK YOU SPOKE TO IT IN YOUR PRESENTATION.

THEY MAY HAVE THE PARKING SPACES AVAILABLE NOW, BUT AS THE TENANCY INCREASES, THOSE PEOPLE THAT MAY REQUIRE 1520 PARKING SPACES, IT'S GONNA BE A CASE BY CASE BASIS COME.

CORRECT.

OUR PROCESS WILL INVOLVE ANYBODY WHO WOULD THIS BE AN EXISTING BUILDING.

THEY WOULD HAVE TO COME TO OUR BUILDING INSPECTION PERMITTING OFFICE TO APPLY FOR A CERTIFICATE OF OCCUPANCY.

UH, OUR BUILDING OFFICIAL, UH, AND HIS STAFF WOULD THEN ROUTE THE FORM TO OUR PLANNING DEPARTMENT WHO WOULD HAVE RESPONSIBILITY OF SIGNING OFF ON ZONING ISSUES SUCH AS USE AND PARKING.

THAT WE ARE REQUIRED TO GO THROUGH.

THANK YOU MR. BREWER.

MS. CAESAR? YES.

MR. BREWER.

DID THE APPLICANT INCUR ADDITIONAL FEES IN APPLYING FOR THE SUP THE SECOND TIME? OH YES.

IT'S A CASE BY CASE BASIS.

WE HAVE PUBLIC HEARING NOTIFICATIONS AND TIME PROCESS

[00:15:01]

SECOND QUESTION IS, WHAT'S THE REASON FOR MOVING? WOULD STAFF WOULDN'T KNOW THAT, BUT YOU COULD ASK THE APPLICANT.

THANK YOU MS. BROOKS.

REAL QUICK QUESTION.

WHEN WE'RE CONSIDERING, UH, PARKING REQUIREMENTS, DO WE TAKE IN CONSIDERATION THE HOURS OF OPERATION, UM, AND ALLOW THOSE PARKING SPACES? I SEE THERE'S A, A PLACE OF WORSHIP HERE IF THEY'RE ONLY WORSHIPING ON SUNDAY, BUT THEY'RE REQUIRED 20 PARKING SPACES, ARE THOSE KIND OF RELEASED? IF THERE'S NO OVERLAP IN HOURS OF OPERATION, OUR ORDINANCES ARE NOT ESTABLISHED, UH, THAT WAY.

BUT AGAIN, THAT'S WHY WE WAS TAKING CASE BY CASE AND THAT WOULD BE A PART OF THE INFORMATION THAT IS BROUGHT TO YOU OKAY.

ON HOW THEY OPERATE.

I I ACTUALLY LISTENED TO THE, UH, THEIR FIRST CASE ACTUALLY CAME ON THE, UH, MEETING BEFORE I JOINED THE CITY.

AND THAT WAS A PART OF SOME, UH, DIALOGUE FROM THE APPLICANT TO LET THE, UH, AT THAT TIME THE COUNCIL UNDERSTAND HOW THEY OPERATED, HOW MANY OPERATORS THEY WERE GONNA HAVE, HOW MANY STUDENTS DID THEY FORECAST TO HAVE.

AND EVEN THAT FACILITY SQUARE FOOTAGE WAS A SMALLER FACILITY.

MM-HMM.

COMMISSIONER, ANY OTHER QUESTIONS FOR STAFF? ALRIGHT, HEARING THIS IN, UH, THANK YOU MR. BREWER.

LADIES AND GENTLEMEN, THIS THE TIME IS NOW 6:16 PM WE'LL TAKE THIS OPPORTUNITY TO OPEN THE PUBLIC HEARING ON CASE NUMBER Z DASH 1528 DASH 24.

IF THE APPLICANT IS IN ATTENDANCE AND YOU WISH TO DO SO, YOU CAN COME FORWARD AND ADDRESS THE COMMISSION AT THIS TIME.

YOU ARE NOT REQUIRED TO DO SO.

IF YOU CHOOSE TO DO SO, PLEASE COME FORWARD.

STATE YOUR NAME AND THE CITY OF RESIDENCE, BUT ALSO UNDERSTAND YOU WILL BE SUBJECTING YOURSELF TO QUESTIONS FROM THE COMMISSION.

AND IF THERE'S ANY OTHER INTERESTED PARTY, WE'LL GIVE YOU AN OPPORTUNITY TO SPEAK IMMEDIATELY AFTER THE APPLICANT.

SO SIR, IF YOU WANNA COME FORWARD, UH, IF YOU'RE REPRESENTING THE APPLICANT, IF YOU WILL STATE YOUR NAME AND CITY OF RESIDENCE.

YES.

HELLO, MY NAME IS CHAD PASKINS.

I AM THE HUSBAND AND, UH, CO-OWNER OF THE ESTABLISHMENT.

MS. ASHLEY LP DEL PASKINS.

I AM, WE ARE BOTH RESIDENTS IN DESOTO.

UH, WE STAY AT SIX 12 INGLEWOOD DE UH, INGLEWOOD TRAIL, DESOTO, TEXAS.

UM, WE ARE BASICALLY, UH, DOWNSIZING OUR BUSINESS.

WE HAD A LARGE SPACE, UH, ABOUT 5,000 SQUARE FEET.

AND AFTER COVID AND THINGS THAT WENT ON, WE ACTUALLY REALIZED THAT WE NEED TO CONDENSE A LITTLE BIT BECAUSE THE BILLS WERE EXCEEDING WHAT WE WERE BRINGING IN.

UH, SO WE TOOK A SMALLER SPACE, WHICH WAS DI DIAGONAL FROM THE ACROSS THE STREET WHERE WE WERE.

AND, UM, GOING FROM THERE TO HERE, WE'LL HAVE, UH, FROM GOING FROM 13 STUDENTS IN THE MORNING AND 13 AT NIGHT, WE'LL BE DOING SIX, SIX AT NIGHT, SIX IN THE MORNING.

UH, WE'LL ONLY HAVE TWO STAFF.

UH, AND THAT'S BASICALLY WHAT THE BUSINESS WILL BE RUN ON.

UM, UH, WE HAVE OF COURSE, YOU KNOW, WE WERE IN BUSINESS FOR ABOUT TWO YEARS WITH, UH, DESOTO CURRENT BEFORE THIS.

AND UM, WE ACTUALLY WERE WAITING TO GET APPROVED BY THE STATE FOR OUR FINANCIAL AID AND WE MADE IT TO THE TWO YEARS AND WE'RE GRATEFUL TO THAT.

SO WE'RE ACTUALLY GETTING READY TO REALLY, UH, SEE THE BUSINESS, YOU KNOW, MOVE ON A LITTLE BIT FURTHER.

UM, HELLO EVERYONE.

UH, SO PRETTY MUCH LIKE MY HUSBAND SAID, UM, THE SCHOOL IS, WE REALLY PUSH MORE OF INTIMACY, LIKE AN INTIMACY LEARNING 'CAUSE WE KNOW THAT SOMETIMES, UM, IT'S PRETTY MUCH JUST GIVING PEOPLE TO AN OPPORTUNITY TO GET SECOND CHANCES IN EDUCATION.

'CAUSE WE KNOW COLLEGE IS NOT FOR EVERYONE.

SO WE MADE IT MORE OF AN INTIMACY WHERE IF THEY DO WANNA COME FOR A CAUSE OR BARBER, WE JUST ADDED BARBARA TO OUR PROGRAM.

'CAUSE BEFORE IT WAS JUST COSMETOLOGY.

SO NOW WE HAVE TWO THAT WE'LL BE ABLE TO OFFER.

SO, UM, LIKE HE SAID, WE'RE TRYING TO KEEP IT SMALL, KEEP IT MORE INTIMATE.

UM, NO MORE THAN LIKE HE SAID, LIKE SIX IN THE DAYTIME.

WE ALSO OFFER NIGHTTIME AS WELL, SO WE CAN TRY TO FLUCTUATE OR MOVE THOSE STUDENTS AROUND JUST SO THAT WE CAN MAKE SURE THAT WE ARE IN COMPLIANCES AS FAR AS WITH THE PARKING.

THANK YOU VERY MUCH.

COMMISSIONERS.

ANY QUESTIONS FOR THE APPLICANTS MS. CAESAR? YES.

UM, BEAUTY SCHOOL AND BARBER SCHOOL.

WHAT IS THE LENGTH OF THE, UH, PROGRAM ON EACH PLEASE? SO THE PROGRAM IS A THOUSAND HOURS.

IF THEY'RE, IT'S A THOUSAND HOURS ACROSS THE BOARD.

AND IF THEY'RE PART-TIME, UM, IT IS TYPICALLY IF THEY'RE FULL-TIME IS SEVEN MONTHS.

AND IF THEY'RE PART-TIME, IT'S 14 MONTHS.

SO IT'S DOUBLE THE TIME.

YEAH, SO ACTUALLY, UM, WE PUT A, UH, LIKE A, A SPREAD OUT, YOU KNOW, IN THE COMMUNITY WHERE WE'LL ALLOW OUR SENIORS TO COME AND GET ROLLER SETS, UM, OR HAIRCUTS OR SILK PRESS AND THEY'RE ALL, A SILK PRESS IS LIKE $20, YOU KNOW, OR A ROLLER SET FOR THE, THE SENIORS ARE LIKE $10, YOU KNOW.

BECAUSE THEY'LL ONLY BE CLOCKING 3.5 HOURS A DAY IN NIGHTTIME.

AND IN DAYTIME THEY'LL BE CLOCKING 7.5 HOURS DURING THE DAY.

YOU'RE WELCOME.

MR. ? UH, YES.

UM, GOOD EVENING.

THANK YOU FOR GOOD EVENING BEING HERE.

UH, WILL YOU ALL HAVE ANY OFFERINGS FOR CUSTOMERS LIKE WHEN THEY'RE STARTING TO DO HAIR AND VARIOUS THINGS LIKE THAT?

[00:20:01]

SO WE DO DO THOSE SERVICES, UH, BUT IT'LL BE ON SPECIFIC DAYS OUTSIDE OF EDUCATION, UM, FOR THEM TO GET THEIR ACTUAL PRACTICAL TRAINING THAT THEY NEED.

ALRIGHT, THANK YOU.

AND, UM, WOULD YOU ALWAYS HAVE A FULL ENROLLMENT OR DO YOU ALWAYS OPERATE ON A FULL ENROLLMENT? UM, SO SOMETIMES WITH THE PROGRAM, TO BE HONEST, UH, BECAUSE IT IS LENGTHY WITH THE FULL-TIME BEING SEVEN MONTHS AND THE PART-TIME, WE TYPICALLY GET MORE FULL-TIME THAN WE DO THE NIGHTTIME STUDENTS.

UM, JUST BECAUSE OF THE TIMEFRAME.

SO EVEN, LIKE I SAID, WE ON A INTIMATE SCALE, SO WE MIGHT HAVE THREE STUDENTS, YOU KNOW, FOR THAT PERIOD OF TIME TILL EVERY SIX WEEKS WE'LL HAVE A NEW ENROLLMENT.

RIGHT.

SO WE'LL TRY TO KEEP IT IN COMPLIANCES, BUT MAKING SURE THAT THEY'RE ROTATING.

SO WE'RE ALWAYS KEEPING, LIKE I SAID, MAJORITY FULL-TIME THAN WE DO WITH THE PART-TIME STUDENTS.

AND YOUR HOURS THAT SCHOOL WILL BE IN, OR THE HOURS THAT YOU WILL HAVE YOUR FACILITY OPEN? YEAH.

SO THE HOURS FOR FULL-TIME IS FROM NINE TO FIVE.

AND THEN THE HOURS FROM PART-TIME ARE FROM SIX TO 10.

IS THAT SIX TO 10 EVENING MONDAY THROUGH FRIDAY EVENING? YES.

THE EVENING.

EVENING, YES.

AND YOU OPEN UP MONDAY THROUGH SATURDAY OR SO? WE'RE TYPICALLY MONDAY THROUGH FRIDAY.

AND THEN ON SOME, SOME, UH, LIKE IF WE HAVE LIKE A CLINIC OR SOMETHING THAT WE MIGHT WANNA DO FOR LIKE, JUST ANYTHING, THEN WE'LL OPEN UP THAT CLINIC FOR THAT, UH, SATURDAY.

BUT THAT'S NOT EVERY SATURDAY.

IT MIGHT BE MAYBE ONE SATURDAY OUT OF A MONTH.

ALRIGHT, THANK YOU SO MUCH.

YOU'RE WELCOME.

MS. CAESAR PASS PASKIN? YES MA'AM.

MSS PASKIN, UM, COSMETOLOGY, ARE WE ALSO INCLUDING NAIL PEDICURES? DOES THAT COME INTO PLAY HERE? SO, SO, SO TO BE ON THE SAFE SIDE WITH STATE, OUTSIDE OF THE CITY, WE DO MANICURES BECAUSE WE KNOW THAT PEDICURES CAN BE A LITTLE BIT MORE RISKY.

SO WE TRY TO STAY MORE SAFE WITH STATE.

UM, SO WE'LL BE DOING MANICURES, UM, LIKE I SAID, MANICURES, BARBERING, ANYTHING WITH HAIR, UM, MAKEUP OF COURSE, YOU KNOW, THAT'S PART OF CAUSE.

UM, AND I BELIEVE THAT'S IT.

SECOND QUESTION.

UH, LICENSING, ONCE THE SEVEN MONTHS, 14 MONTHS IS COMPLETED OR YOU GUYS STILL GOING TO AUSTIN FOR LICENSING? OR IS THERE LICENSING HERE? THEY DON'T.

THEY, THEY NE THEY DON'T GO TO AUSTIN ANYMORE.

THEY TAKE THEIR STATE TESTS HERE.

SO THE, THEY HAVEN'T, THEY HAVE DIFFERENT BRANCHES IN ALL OVER ARLINGTON, NORTH DALLAS.

SO WE PRETTY MUCH JUST, UM, FIND THEM A SITE THAT'S CLOSER TO THEM WHEREVER THEY FEEL LIKE THEY WANT GO.

AND THEN WE'LL SIGN 'EM UP FOR THEM TO TAKE THEIR TEST.

AND ONCE THEY TAKE THEIR TEST, UH, WE PRETTY MUCH HELP THEM AS FAR AS LIKE RESUMES 'CAUSE THAT'S PART OF THE CURRICULUM SO THAT WE CAN HAVE JOB PLACEMENTS FOR THEM ALREADY LINED UP.

MS. BROOKS, JUST TO CLARIFY, YOU'RE ACTUALLY, HOW ARE YOU THIS EVENING? GOOD.

AND YOU GOOD YOU'RE ACTUALLY DOWNSIZING THE FACILITY BUT NOT THE BUSINESS? IS THAT WHAT I'M UNDERSTANDING? YEAH.

SO WE'RE, YEAH.

WE'RE DOWNSIZING THE FACILITY, THAT'S CORRECT.

AT YOUR OTHER FACILITY, THE ONE I DON'T KNOW IF YOU'RE CURRENTLY IN A FACILITY? NO.

SO AT THE OTHER FACILITY, ON AN AVERAGE, HOW MANY PARKING SPACES DID YOU ALL TAKE UP DURING, UM, I'M ASSUMING THAT THE SCHOOL HOURS AND EVERYTHING WAS FOR, FOR THE SCHOOL.

FOR THE SCHOOL WE, WE TOOK UP ABOUT FIVE.

FIVE SPACES.

YEAH.

YEAH, THAT'S ALL I NEEDED.

YES MA'AM.

OH, MR. AVENUE.

THE ONLY OTHER QUESTION, YOU SAID YOU HAVE SIX, A MAXIMUM OF SIX STUDENTS.

MM-HMM.

, IS THAT CORRECT? AND TWO STAFF? MM-HMM.

ARE THERE ANY OTHER PERSONS THAT WOULD ALSO BE THERE? SO I MAY HAVE ONE THAT WOULD BE PART-TIME, BUT AS FAR AS THE TWO THAT WOULD BE PERSONALLY FULL-TIME, UM, THE PART-TIME WOULD JUST PRETTY MUCH BE COMING IN TO ALLOW TO TEACH WHILE I PROBABLY DO ALL THE ADMINISTRATIVE WORK IN THE BACK OFFICE SO THAT I, 'CAUSE I WON'T BE ABLE TO TEACH A COURSE.

ALL RIGHT, COMMISSIONERS,

AND THE, AND WILL THE STAFF ALSO BE DOING SERVICES OR ARE THEY JUST GONNA BE OBSERVING? UH, SO SO THE STAFF NOW THEY ARE UM, THEY ARE OBSERVING AND ALSO THEY CAN BRING IN DEMOS TO SHOW STUDENTS SOMETHING THAT MIGHT NOT ACTUALLY BE IN OUR CURRICULUM, LIKE A BONUS.

SO THAT MAY REQUIRES THEM WHERE THEY CAN BRING IN A CLIENT AND THEN THEY CAN SHOW THE STUDENTS, UM, THAT SERVICE.

ALRIGHT, THANK YOU.

YOU'RE WELCOME.

[00:25:01]

ANY OTHER QUESTIONS FOR THE APPLICANTS? ALRIGHT.

HEARING UNDERSTAND, NONE.

THANK YOU BOTH.

ALRIGHT LADIES AND GENTLEMEN, IS THERE ANYONE ELSE IN THE AUDIENCE WHO WOULD LIKE TO COME FORWARD AT THIS TIME TO SPEAK EITHER IN FAVOR OR IN OPPOSITION OF THIS PARTICULAR AGENDA ITEM? AGAIN, IS THERE ANYONE WHO'D LIKE TO COME FORWARD? ARE YOU COMING FORWARD SIR? YES SIR.

ALRIGHT, IF YOU'LL GIVE US YOUR NAME AND YOUR, UH, CITY OF RESIDENCE AND YOU'LL HAVE THREE MINUTES.

ALL RIGHT.

GOOD EVENING LADIES AND GENTLEMEN.

MY NAME IS LJ CLEAVER.

I'M WITH FOUR WAY INVESTMENTS.

WE MANAGE AND LEASE THE PROPERTY.

UH, RESIDENCE IS 3 0 5 OF EDON BATH, LEWISVILLE, TEXAS.

UM, JUST WANTED TO KIND OF SAY A COUPLE OF THINGS.

UH, MR. BREWER PRESENTED IT VERY WELL.

UH, DID WANT TO ADDRESS AT LEAST THE OCCUPANCY AND THE PARKING ON THE PROPERTY.

UH, AS FAR AS THE OCCUPANCY GOES, THERE'S ONLY ONE VACANCY SUITE 2 0 4 IN THE 1704 HAMPTON BUILDING.

UH, IT IS A LARGER ONE.

IT'S ABOUT 2,800 SQUARE FEET.

UH, BUT THAT'S THE ONLY SPACE WE HAVE LEFT.

NOW, SAYING THAT WE ONLY HAVE, UM, PRETTY MUCH THE PARKING ANALYSIS THAT IS ACCOUNTED FOR WITHIN THE PARKING THERE.

SO 2 0 4 IS ALREADY ACCOUNTED FOR.

SO OF THE 66 64 NEEDED.

UM, NOW I DO REALIZE THAT, YOU KNOW, SAYING THAT, YOU KNOW, THEY HAVE EIGHT PARKING NEEDS FOR THE 1 0 5 SPACE.

I THINK FOUR TO FIVE SPACES ARE ACTUALLY ALLOTTED WITHIN THAT.

SO OBVIOUSLY WE HAVE A COUPLE OF EXTRA LEFT.

UH, I DON'T EVER FORESEE THAT THEY'LL PUT 22, YOU KNOW, PEOPLE OR HAVE THE NEED FOR 22 PARKING SPACES IN THE BUILDING.

UH, OUR COMPANY HAS MANAGED AND LEASE ON THAT PROPERTY FOR PROBABLY OVER 30 YEARS OF THAT.

I'VE BUILT THE COMPANY FOR 18 OF THAT 18 YEARS.

I HAVE NEVER IN MY LIFE SEEN THAT PARKING, YOU KNOW, COMPLETELY FULL THAT BUILDING.

SO I DON'T FORESEE THAT BEING AN ISSUE.

UM, THAT BEING SAID, I JUST WANTED TO, YOU KNOW, ADD THAT IN.

AND DO YOU GUYS HAVE ANY QUESTIONS FOR ME? ALRIGHT, MS. BROOKS, GO AHEAD.

I JUST HAVE ONE.

TYPICALLY WHEN WE SEND NOTIFICATIONS OUT'S SENT TO THE OWNER PROPERTY OWNERS, UM, BUT THE TENANTS, DO YOU KNOW IF THEY'RE IN FAVOR OR OPPOSED TO THIS? I MEAN, I CAN'T SPEAK FOR ALL THE TENANTS THERE, UM, BUT I CAN TELL YOU THAT PROBABLY FOUR OR FIVE OF THOSE ARE ACTUALLY IN PERSONAL SERVICE TYPE BUSINESSES, SO COSMETOLOGISTS AND OTHERS.

SO I WOULD THINK THAT, YOU KNOW, WHILE THE, IT MIGHT BE COMPETITION TO THEM, IT'S ALSO A BENEFIT BECAUSE THEY DO HAVE ADDITIONAL RESOURCES FOR TRAINING AND HELP.

SO I DON'T THINK THEY WOULD BE OPPOSED TO IT.

UH, MOST OF THE TENANTS WE PUT IN OUR BUILDINGS, WE TRY TO VET AND MAKE SURE IT'S A GOOD FIT FOR THE BUILDING.

UH, OBVIOUSLY THERE'S NO EXCLUSIVE OR BUY RIDE ON ANY OF THE TENANTS WE HAVE IN THERE.

UH, SO I DON'T THINK THEY'D REALLY HAVE ANY HUGE OPPOSITION TO THEIR USE.

OKAY, THANK YOU.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS? ALRIGHT, THANK YOU SIR.

THANKS FOR YOUR TIME.

HOPE YOU GUYS APPROVE IT.

ALRIGHT, IS THERE ANY OTHER INTERESTED PARTY, UH, WHO WOULD LIKE TO EITHER SPEAK IN FAVOR OR OPPOSITION OF THIS PARTICULAR AGENDA ITEM? I'LL ASK ONCE MORE.

IS THERE ANY OTHER INDIVIDUAL IN ATTENDANCE WHO WOULD LIKE TO SPEAK IN FAVOR OR OPPOSITION OF THIS PARTICULAR AGENDA ITEM? ALRIGHT, HEARING AND SEEING NONE WILL TAKE THIS OPPORTUNITY AT 6:28 PM TO CLOSE THE PUBLIC HEARING COMMISSIONERS.

ARE THERE ANY OTHER COMMENTS OR QUESTIONS OR CONCERNS THAT WE NEED TO ADDRESS BEFORE WE CALL FOR A VOTE? MR. RAVEN, I, I'D JUST LIKE TO SHARE WITH YOU, UH, TAKING IN CONSIDERATION THE INFORMATION THAT THEY GAVE US THIS EVENING.

IF THEY HAD A MAXIMUM OF SIX STUDENTS, TWO STAFF AND THE PART-TIME INDIVIDUAL THERE, UH, THAT WOULD BE TOTAL OF NINE PARKING SPACES DURING THE DAY.

AND IF THEY'RE OFFERING SERVICES AND LET'S SAY EVERYONE WAS DOING SOMETHING THAT WOULD BE A MAXIMUM OF 18 PARKING SPACES NEEDED, SO IT WOULD FALL SHORT OF THE 22 THAT WE DO REQUIRE.

I JUST WANTED TO SHARE THAT.

THANK YOU MR. LL.

ANYONE ELSE? ALRIGHT, HEARING IS SEEING NONE.

IS THERE A MOTION WITH RESPECT TO CASE NUMBER Z DASH 15 2 8 DASH 24? IS THERE A MOTION? MS. BROOKS, GO AHEAD.

YES, I'M HAPPY TO, UH, FOLLOW STAFF'S.

I MOVE THAT WE FOLLOW STAFF RECOMMENDATION OF APPROVAL, UH, FOR THE APPLICANT'S SUP REQUEST IN ORDER TO ESTABLISH AN OPERATED BEAUTY SCHOOL AT 1700 NORTH HAMPTON ROAD, SUITE 1 0 5.

OKAY, THANK YOU MS. BROOKS.

MS. BROOKS HAS MADE A MOTION TO RECOMMEND APPROVAL.

IS THERE A SECOND? SECOND.

IT BEEN SECONDED BY MS. CAESAR.

IS THERE ANY UNREADINESS HEARING AND SEEING NONE.

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

WE'LL MOVE ON TO THE NEXT AGENDA ITEM, WHICH IS ITEM NUMBER E TWO UNDER OUR PUBLIC HEARINGS.

THOSE OPPOSED DO THE SAME BUT SAY NAY AYES HAVE IT.

FIVE ZERO.

[2. Conduct Public Hearing and consider making a recommendation to the City Council to amend the City's Zoning Ordinance, Section 7 Nonconforming Uses and Structures, Subsection 7.6 Restoration of Nonconforming Structures]

IT IS CONDUCT A PUBLIC HEARING AND CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL TO AMEND THE CITY'S ZONE ORDINANCE.

SECTION SEVEN, NON-CONFORMING USES AND STRUCTURES SECTION 7.6, RESTORATION OF NON-CONFORMING INSTRUCTIONS.

AND

[00:30:01]

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

THANK YOU CHAIRMAN.

DUE THE CONSIDERATION OF THE REZONING OF THE PROPERTIES WITHIN THE NEW HAMPTON ROAD CHARACTER CODE ZONING AREA CONCERNS ARE EXPRESSED BY PROPERTY OWNERS IN REFERENCE TO THEIR HOMES AND PROPERTIES BEING DESTROYED BY FIRE.

THE ELEMENTS OF OTHER CAUSE AND THE PROPERTY OWNERS NOT BEING ABLE TO REBUILD FOR THE CITY'S ZONING ORDINANCE.

SECTION 7.6, RESTORATION OF NON-CONFORMING STRUCTURE OF THE CITY'S ZONING ORDINANCE STATES SECTION A.

IF A STRUCTURE OCCUPIED BY NON-CONFORMING USAGE DESTROYED BY FIRE, THE ELEMENTS OR OTHER CAUSE, IT MAY NOT BE REBUILT EXCEPT TO CONFORM TO DIVISIONS OF THIS ORDINANCE.

IN THE CASE OF PARTIAL DESTRUCTION OF A NON-CONFORMING USE DESTRUCTION, NOT EXCEEDING 60% OF ITS TOTAL APPRAISED VALUE AS DETERMINED BY THE DALLAS COUNTY APPRAISAL DISTRICT RECONSTRUCTION WILL BE PERMITTED.

BUT THE EXISTING SQUARE FOOTAGE OR FUNCTION OF THE NON-CONFORMING USE CANNOT BE EXPANDED.

AN AGENDA ITEM WAS PLACED ON YOUR MAY 28TH, 2024 MEETING AGENDA.

IN ORDER TO DISCUSS THIS SECTION AND TO SPECIFICALLY DISCUSS THE ESTABLISHED 60% THRESHOLD FOLLOWING DISCUSSION BY THE COMMISSION, A MOTION PREVAILED TO CONTINUE CONVERSATIONS TO CONSIDER INITIATING THE AMENDMENT OF THE CITY ZONING ORDINANCE.

UH, SECTION SEVEN DURING THE COMMISSION'S NEXT MEETING.

DURING THAT NEXT MEETING, WHICH WAS ON JUNE THE 25TH, IN ORDER TO CONSIDER, UH, CONTINUE CONVERSATION, THE DISCUSSION THAT MEETING SOME MEMBERS OF THE COMMISSION COMMUNICATED THAT THEY WERE FA UH, COMFORTABLE WITH THE CITY'S CURRENT 20% THRESHOLD NUMBER FOR RESTORING NON-CONFORMING STRUCTURES.

AND SOME MEMBERS COMMUNICATED THAT THEY WERE COMFORTABLE WITH RECOMMENDING THAT THE 60% THRESHOLD NUMBER BE AMENDED TO ESTABLISH NO THRESHOLD NUMBER WITH THE ADDITIONAL REQUIREMENT THAT THE RECONSTRUCTION BY THE PROPERTY OWNER WOULD COMMENCE WITHIN 12 MONTHS OF THE DATE OF THE PROPERTY OWNER'S PROPERTY BECOMING PARTIALLY DESTRUCTIVE WITH SEVERAL MEMBERS OF THE COMMISSION.

ALSO WANTED TO HEAR ABOUT SECTION TWO OF SENATE BILL 9 2 9 IN REFERENCE TO COMPENSATION REQUIREMENTS ASSOCIATED WITH SENATE BILL 9 2 9 AND OPTIMIZATION A A MOTION WAS MADE TO CONTINUE DISCUSSION OF THIS AGENDA ITEM TO THE COMMISSION AS FOLLOWING MEETING AN AGENDA ITEM WAS PLACED IN THE COMMISSION OF JULY THE 23RD, 2024 MEETING TO AGAIN CONTINUE DISCUSSIONS OF THIS SECTION OF THE CODE FOLLOWING DISCUSSION BY THE COMMISSION, A MOTION PREVAILED FOR THE COMMISSION TO OFFICIALLY INITIATE ACTION TO CONSIDER AMENDING SECTION 7.6 OF THE ZONING ORDINANCE.

AND THAT'S WHERE WE ARE HERE THIS EVENING.

I AM RESHOWING YOU INFORMATION THAT WE PROVIDED TO YOU DURING YOUR DISCUSSIONS.

UH, SO PARTICULARLY FOR THE PUBLIC SO THEY CAN SEE WHAT ANALYSIS STAFF, UH, DID DO.

UH, MY PLANNING DEPARTMENT, THEY DID AN ANALYSIS OF SEVERAL CITIES TO SEE IF WHAT WAS BEING ESTABLISHED BY THAT THRESHOLD.

AS I HAD SPOKEN WITH YOU ABOUT DURING THOSE MEETINGS THAT WE'VE HAD BEFORE I READ THE STATE STATUTE.

AND WITHIN THE STATE STATUTE, THERE WAS NOT A PERCENTAGE NUMBER INCLUDED, UH, WITHIN THE, UM, THAT SECTION OF THE CODES.

AND SO IT APPEARS THAT WHILE CITIES ARE ALLOWED TO ESTABLISH THEIR REGULATIONS, THIS CHART SHOWS YOU THAT SEVERAL CITIES, UH, EITHER WERE 50%, WHICH WAS LIKE CITIES OF FERRIS RED OAK, UH, GRAND PRAIRIE AND O VILLA, AS WELL AS MIDLOTHIAN.

AND SOME WERE SIMILAR TO THE CITY OF DESOTO TO 60%, UH, AS WELL AS PLANO CEDAR HILL.

SO WE CREATED THIS CHART JUST FOR YOU TO SEE WHAT OTHER CITIES HAD DONE.

WE'VE ALSO SHARED WITH YOU THE CITY OF BO SPRINGS ACTUALLY HAD THAT NO PERCENTAGE, NO PERCENTAGE THRESHOLD ESTABLISHED, AND THEY WOULD ALLOW RECONSTRUCTION WITHIN 12 MONTHS OF THE DATE OF CONSTRUCTION.

SO WE WENT THROUGH THE ENTIRE CHART, UH, I WON'T GO THROUGH IT NOW.

UH, THE FIRST CHART GIVES YOU THE SUMMARY NUMBER.

DURING YOUR LAST MEETING, WE ACTUALLY COMMUNICATED TO YOU, I THINK ABOUT FOUR ADDITIONAL CITIES THAT WE HADN'T LOOKED AT DURING YOUR FIRST MEETING OF VILLA MIDDLE MIDIAN, UH, GLEN HEIGHTS AND, AND DALLAS.

AND ALSO COMMUNICATED TO YOU THAT, UM, WE HAD FOUND RESEARCH FROM THE CITY OF PFLUGERVILLE.

AND I READ TO YOU WHAT THE CITY OF PFLUGERVILLE REGULATIONS WERE.

UM, AND I'LL GET INTO THAT ALSO.

UM, AMATEURIZATION, WE TALKED ABOUT THAT.

'CAUSE THE CONCERN WAS THAT SENATE BILL HAS TWO SECTIONS IN IT.

SECTION ONE REFERENCED AN ADDITIONAL NOTIFICATION REQUIREMENT.

SHOULD A CITY ENACT A ZONING CHANGE THAT WOULD CREATE A CONFORMING PROPERTY TO BECOME NON-CONFORMING.

IT REQUIRES, UH, A SECOND NOTICE DIFFERENT FROM JUST THE PUBLIC HEARING NOTIFICATION TO IDENTIFY TO THAT PROPERTY OWNER THAT THE ACTION THE CITY WAS DOING WAS GOING TO ESTABLISH THEM AS A NON-CONFORMING USE.

AND IT ACTUALLY GAVE

[00:35:01]

SPECIFIC, UH, BOLD TEXT LANGUAGE, BUT IT SECTION TWO OF THAT WAS TALKING ABOUT THIS AMORTIZATION AND IT WAS IDENTIFIED IF THE CITY TOOK THAT VERY NEXT STEP, WHICH WOULD BE IF THE CITY'S FIRST ACTION WAS TO ESTABLISH PROPERTY FROM CONFORMING TO NON-CONFORMING.

AND THEN THEY TOOK THAT NEXT STEP OF ACTUALLY, UM, REQUIRING THAT NON-CONFORMING USE TO CEASE.

THAT'S WHEN COMPENSATION, UH, ESTABLISHED BY THAT REGULATION WAS, UH, WOULD BE IMPLEMENTED.

SO THAT'S JUST A QUICK OVERVIEW OF THE AMORTIZATION WITH THAT TO FULFILL YOUR REQUIREMENT OF WANTING TO HAVE INFORMATION ON THAT.

DURING THAT MEETING.

YOUR LAST MEETING, UM, WITH YOUR, YOU HAVING INTEREST IN THE CITIES OF PFLUGERVILLE UH, REGULATION, UH, YOU ASKED, UH, THIS, OUR CITY ATTORNEY VOLUNTEERED THAT HE WOULD PREPARE A DRAFT ORDINANCE THAT WOULD HAVE SOME LANGUAGE FOR YOU TO CONSIDER.

AND UP ON THE SCREEN NOW IS THAT LANGUAGE AND I WILL, UH, READ IT JUST FOR YOUR RECORD AND FOR THE PUBLIC'S INFORMATION, UH, THE LANGUAGE THAT WAS INCLUDED, WHICH YOU DO HAVE THE RIGHT TO CHANGE, MODIFY AT TO ANY EXTENT THAT YOU WOULD LIKE TO BE CONSIDERED BEFORE IT GOES TO COUNSEL.

IF A STRUCTURE OCCUPIED BY A NONCONFORMING U NONCONFORMING USE IS UNINTENTIONALLY DESTROYED BY FIRE, THE ELEMENTS OR OTHER CAUSE, IT MAY ONLY BE RECONSTRUCTED OR RESTORED AS IT WAS BEFORE DESTRUCTION.

IF NUMBER ONE, RECONSTRUCTION OR REST, UH, RESTORATION COMMENCES WITHIN 12 MONTHS OF THE DATE OF DESTRUCTION, WHICH MAY BE EXTENDED BY THE CITY ON GOOD CAUSE.

SHOWN NUMBER TWO, RECONSTRUCTION OF THE STRUCTURE RESULTS IN THE SAME NON-CONFORMING USE PRIOR TO THE DESTRUCTION.

AND NUMBER THREE, THE STRUCTURE IS RECONSTRUCTED WITH THE SQUARE FOOTAGE, BUILDING FOOTPRINT AND HEIGHT AS THE STRUCTURE EXISTING PRIOR TO DESTRUCTION.

IF SUCH CONDITIONS ARE NOT MET, THE NON-CONFORMING YOUTH SHALL BE DEEMED ABANDONED AND THE OWNER'S RIGHT TO RECONSTRUCT OR RESTORE HEREIN IS FORFEITED.

ANY SUBSEQUENT SUBSEQUENT RECONSTRUCTION OR RESTORATION MUST COMPLY WITH CURRENT AERIAL REGULATIONS AND DEVELOPMENT STANDARDS.

SO THAT IS THE LANGUAGE THAT OUR CITY ATTORNEY HAS BROUGHT TO YOU, UH, FOR YOUR CONSIDERATION.

STAFF DOES RECOMMENDS THAT THE PLANNING IS ZONING COMMISSION CONDUCT A PUBLIC HEARING AND A MOTION, AND BY MOTION MAKE A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL TO AMEND THE CITY'S ZONING ORDINANCE SECTION.

SECTION SEVEN, NONCONFORMING USAGE AND STRUCTURE.

SUBSECTION 7.6, RESTORATION OF NON-CONFORMING STRUCTURES WITH THE LANGUAGE THAT'S PROVIDED BY THE CITY ATTORNEY'S OFFICE ARE AS AMENDED DURING YOUR DISCUSSIONS OF THIS, UH, TOPIC TONIGHT.

AGAIN, IT'S COMING BACK FOR YOU, FOLLOWING YOUR TWO DISCUSSIONS.

YOU INITIATED THE ACTION, WE'RE BRINGING IT BACK TO YOU.

I WOULD STILL SAY IF YOU'RE STILL NOT READY, DOES NOT NEED TO PROCEED FURTHER.

WE CAN HAVE MORE DISCUSSIONS ON THIS, BUT THIS WAS ONE OF THOSE THAT WE TALKED ABOUT, SENATE BILL 9 2 9, UH, UM, ACCESSORY DWELLING UNITS, NON-CONFORMING USES.

AND ANOTHER, UH, ITEM THAT YOU HAVE ON, UH, ON YOUR AGENDA TONIGHT TALK ABOUT MULTIFAMILY.

BUT THIS IS THAT CASE WE HAVE TONIGHT.

I'LL ADDRESS ANY QUESTIONS OR CONCERNS, UH, THAT THE COMMISSION MAY HAVE ON THIS AGENDA ITEM.

THANK YOU MR. RUHR.

COMMISSIONERS.

ANY QUESTIONS FOR STAFF? MS. BROOKS? JUST, UH, CLARIFICATION, UH, CAN WE GO BACK TO SLIDE 15? JUST TRYING TO MAKE SURE I UNDERSTAND THE DIFFERENCE WITH ALL THESE BULLETS.

SO THE AMENDMENT WOULD INCLUDE ONE, TWO, AND THREE CHANGE? YES.

THIS WOULD BE THE FULL LANGUAGE.

UM, IF THE ORDINANCE THAT WAS IN YOUR, THE DRAFT ORDINANCE WAS IN YOUR PACKAGE HAD THIS FULL DIALOGUE, IT WOULD REPLACE THE, THE SMALLER LANGUAGE THAT CURRENTLY EXISTS RIGHT NOW THAT INCLUDED THE 60% THRESHOLD.

YOU SAID THE DRAFT ORDINANCE INCLUDED THE 60%? NO.

DID NOT INCLUDE, YES.

THE DRAFT ORDINANCE IS COMPLETELY SUPERSEDING THE CURRENT 7.6 AS CURRENTLY WRITTEN AS CURRENTLY WRITTEN.

IT INCLUDES THAT 60% THRESHOLD NUMBER AS PROPOSED, THE PERCENTAGE IS GOING AWAY.

AND THIS WOULD BE THE NEW SECTION.

AND TO GO MORE SPECIFIC, UH, OUR CITY ATTORNEY, UH, CALEB WILL BE ABLE TO ADDRESS ANY OF THE ADDITIONAL YEAH, THAT, THAT WAS, UH, CLARIFYING.

UM, HOW DOES, HOW WOULD THAT PLAY INTO THIS ORDINANCE IF THEY FIND THAT IT WAS INTENTIONALLY SET BUT NOT BY THE HOMEOWNERS, MS. SMITH? IT WOULDN'T ACCOUNT FOR THAT.

APPRECIATE THAT.

MR. ? YES, I I LIKE THE DRAFT.

I THINK IT'S VERY SIMPLE AND EASILY UNDERSTOOD FOR ANYONE.

THERE WAS ONE WORD THAT WAS USED THAT DID CAUSE ME PAUSE AS I WAS READING IT.

AND IT IS THE WORD UNINTENTIONALLY DESTROYED BY FIRE.

AND WHAT IF THE HOUSE WAS INTENTIONALLY DESTROYED BY FIRE BUT NOT BY THE HOMEOWNERS? LET'S SAY SOMEONE HAS A GRIEVANCE WITH SOMEBODY AND THEY'RE DERANGED AND THEY COME AND SET THE HOUSE OF FIRE.

[00:40:01]

UM, THAT WOULD JUST BE UP TO THE CITY TO DECIDE WHETHER THEY WERE GOING TO ENFORCE IT OR NOT.

UM, YOU KNOW, IF THERE WAS CLEAR ARSON BY SOMEONE NOT INVOLVED, NOT, I MEAN, YEAH, THIS WOULDN'T TAKE THAT INTO ACCOUNT, IT WOULDN'T TAKE INTO ACCOUNT ARSON, UM, AN INTENTIONAL FIRE.

BUT I MEAN, IT WOULD BE UP TO THE CITY WHETHER THEY WANTED TO ENFORCE THIS SECTION.

I MEAN, THEY COULD NOT, YOU KNOW, I MEAN, THEY COULD ALLOW THE SAME THING TO HAPPEN AND NOT COUNT THAT AS INTENTIONAL.

BUT I MEAN, WE CAN STRIKE THAT WORD IF, IF Y'ALL DON'T LIKE IT.

BUT, UM, YEAH, YOU'RE NOT WRONG.

THE ONLY THING THAT I WOULD SAY IF I'M A HOMEOWNER AND MY EX-WIFE DESTROYED THE HOUSE BECAUSE I GOT IT AND I WANT TO STAY THERE AND REBUILD IT, I WANNA STAY THERE AND I WANT TO REBUILD IT.

AND I WOULD THINK IF THERE WAS SOME LANGUAGE WE CAN ADD THAT DOES THE PROTECT THE HOMEOWNER IN CASE IF IT WERE ARSON, BUT IT COULD BE SOMEBODY JUST CAME IN AND STARTED FIRES DOWN THE WHOLE STREET ON EVERYBODY'S HOUSE, THAT SOMEHOW THAT THEY WOULD HAVE THE CHOICE TO REBUILD OR NOT REBUILD IF IT IS FOUND THAT THE HOMEOWNER HAD NOTHING TO DO WITH THE FIRE.

UM, THAT'S, THAT'S THE ONLY CONCERN THAT I HAVE.

ANYONE ELSE? ALRIGHT, WELL, MR. BUR, WHILE YOU'RE THERE, JUST HANG TIGHT.

YOU ALMOST, YOU ALMOST GOT AWAY.

THE, THE ONLY THING, UH, AND I LIKE, I, I AGREE MR. REVENUE, I, I LIKE THE WAY THIS IS, UH, PUT TOGETHER AND I THINK IT'S, UH, SIMPLE TO FOLLOW AND BASICALLY STRAIGHT TO THE POINT.

UH, WITH, UH, RESPECT TO NUMBER ONE, UH, WHAT WE SAY, UH, WHICH MAY BE EXTENDED, UH, BY THE CITY FOR GOOD CAUSE SHOWN.

UH, THE ONLY THING I WOULD SUGGEST IS MAYBE WE FLESH THAT OUT A LITTLE BIT MORE BECAUSE EXTENDED BY THE CITY.

I MEAN, I KNOW WE'VE TALKED ABOUT THAT MAY BE UP TO THE PLANNING DIRECTOR, UH, IF WE WANT TO GO THAT ROUTE, THAT'S FINE.

UH, BUT I THINK THEN THE QUESTION THAT COMES AFTER THAT IS, IS THE PLANNING DIRECTOR, THE END ALL BE ALL, LIKE DOES THAT INDIVIDUAL, WHETHER IT BE YOU OR, OR A SUCCESSOR AT SOME POINT IS, IS THAT IT? OR IS THERE AN APPEALS PROCESS? I GO TO THE PLAN DIRECTOR AND I BASICALLY WILL WANT AN EXTENSION PLAN.

DIRECTOR SAYS NO.

UH, IS THERE SOME TYPE OF EXTENSION OR APPEALS PROCESS I SHOULD SAY THAT COULD EITHER GO TO THE PNZ OR CITY COUNCIL? ONE OR THE OTHER? NOT BOTH.

UM, YOU KNOW, FOR CONSIDERATION.

SO DON'T WANT TO, YOU KNOW, BELABOR THE ISSUE, BUT I JUST THINK THAT, YOU KNOW, WHEN PEOPLE READ THIS, IT NEEDS TO BE CLEAR.

IT MAY BE EXTENDED BY THE CITY.

WELL WHO IN THE CITY AM I GOING TO TO WHERE, YOU KNOW, I CAN TRY TO, UM, CONVINCE THEM THAT GOOD CAUSE IS BEING SHOWN.

SO EITHER MR. BROAD OR MR. SMITH.

MR. SMITH? NO.

UM, USUALLY IN THESE ORDINANCES, THE CITY'S JUST REFERRED TO WHEN IT'S MAKING SOME SORT OF ADMINISTRATIVE DECISION.

UM, I DON'T LIKE TO PUT THINGS IN THERE LIKE DEVELOPMENT DIRECTOR, UH, BECAUSE TITLES CHANGE, RESTRUCTURING CHANGES.

UM, THERE COULD BE A VACANCY.

UM, IF YOU REALLY WANNA MAKE IT A LITTLE CLEARER, WE COULD DO SOMETIMES, UH, THEY'RE STATED AS CITY MANAGER OR DESIGNEE OR SOMETIMES THE DEFINITION IS ALREADY EVEN HAVE DESIGNEE INCLUDED IN THE DEFINITION OF WHAT CITY MANAGER MEANS.

UM, I BELIEVE I LOOKED THOUGH AND NONE OF THOSE DEFINITIONS ARE INCLUDED IN THE ZONING ORDINANCE.

THAT'S WHY I JUST WENT WITH THE VAGUE CITY.

UM, 'CAUSE I DON'T BELIEVE CITY MANAGERS ACTUALLY IN THERE, BUT I MEAN, WE COULD STILL PUT THAT IF YOU WANTED TO.

UM, THERE'S NOT AN APPEALS PROCESS, UM, THAT WAS NEVER DISCUSSED.

UH, THAT'S GONNA BE QUITE A LOT MORE CHANGES.

UM, USUALLY IT WOULD JUST BE ADMINISTRATIVELY THAT'S THE END ALL BE ALL.

NO, AND IT IS NOT DEAL WORK FOR ME.

I JUST WANTED US TO DISCUSS IT.

IN THE AUDIENCE WHO'D LIKE TO COME FORWARD, AND I DIDN'T SAY THIS BEFORE, UH, BUT THE FILE NUMBER ON THIS, THIS IS A TEXT PROPOSED TEXT AMENDED.

SO I'M, I'M GOOD ON THAT.

UH, MR. BERRY, UH, STAFF OR ATTORNEY WOULDN'T THE, UH, ZONING BOARD OF ADJUSTMENT COULDN'T, COULDN'T THEY COME IN, BE INVOLVED IN THAT DECISION? THEY COULD IF THIS WAS MODIFIED.

ALRIGHT, COMMISSIONERS, ANY OTHER QUESTIONS FOR STAFF? OKAY, HEARING IS SEEING NONE AT THIS TIME.

UH, THIS I, THIS DOES CALL FOR A PUBLIC HEARING, SO IT IS 6 45, UH, THE TIME IS NOW 6:45 PM IF THERE'S ANY INTERESTED PARTY

[00:45:01]

THIS IS TA DASH 0 0 0 8 DASH 24.

SO IF ANYBODY WANTS TO SPEAK ON TA DASH 0 8 24, EITHER IN FAVOR OF THE PROPOSED TEXT, AMEND OR AGAINST IT, UH, NOW WILL BE THE OPPORTUNITY TO COME FORWARD.

AGAIN.

I'M GONNA CALL ONE MORE TIME.

IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO SPEAK ON THIS PROPOSED TEXT? AMEND.

ALRIGHT, HEARING AND SEEING, UH, NONE.

WE'RE NOT GONNA BELABOR THE ISSUE.

WE WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AT 6:46 PM UH, COMMISSIONERS, IS THERE ANY FURTHER DISCUSSION, UH, ANY OTHER QUESTIONS THAT WE NEED TO CONSIDER BEFORE WE ENTERTAIN? UH, POTENTIAL MOTION? OKAY.

HEARING TO SEE AND NONE, IS THERE A MOTION MS. CAESAR? YES, UH, MR. CHAIR, I, UM, ASK THAT WE MAKE A RECOMMENDATION TO CITY COUNCIL TO AMEND THE CITY'S ZONE OR ORDINANCE AS WRITTEN ALONG WITH THE AMENDMENTS.

AND THIS IS FILE NUMBER TA AND I THINK YOU COUNTED OUT THREE OR FOUR ZEROS.

YES MA'AM.

8 2 4.

YES MA'AM.

SO THERE HAS BEEN MADE A MOTION HAS BEEN MADE BY COMMISSIONER CAESAR, UH, TO RECOMMEND APPROVAL OF TA DASH 0 0 0 8 DASH TWO FOUR AS PRESENTED BY CITY STAFF.

IS THERE A SECOND? SECOND.

IT'S BEEN SECONDED BY, BY MR. BERRY.

IS THERE ANY UNREADINESS MR. CHAIRMAN? UH, I WOULD JUST HAVE A POINT OF ORDER ON THE MOTION.

IT WAS APPROVED AS WRITTEN WITH AMENDMENTS.

I DON'T KNOW WHAT THAT MEANS.

UM, SO WE DO NEED TO SPECIFY EXACTLY WHAT THE AMENDMENTS ARE, UM, SINCE NOTHING WAS REALLY FLESHED OUT AND A COUPLE THINGS JUST KIND OF HASTILY DISCUSSED, IF WE ACTUALLY DO ONE AMENDMENTS, WE DO NEED TO DECIDE WHAT THOSE AMENDMENTS ARE.

ALRIGHT, THANK YOU MR. SMITH.

OKAY, SO THE MOTION IS STILL ON THE FLOOR.

MS. CAESAR, WOULD YOU RESTATE YOUR, UH, MOTION, IF THERE ARE SPECIFIC AMENDMENTS THAT YOU WOULD LIKE TO INCLUDE IN YOUR MOTION, WOULD YOU GO AND DO SO AT THIS TIME? I'M LOOKING AT THE AMENDMENTS THAT WERE, UH, RECITED TO US EARLIER.

BULLET 0.1, TWO AND THREE OFF OF RECOMMENDED AMENDMENT SECTION 7.6.

SO BASICALLY THIS RECOMMENDED AMENDMENT OF SECTION 7.6, YOU WANT TO, UH, MAKE A MOTION TO RECOMMENDED AS PRESENTED.

IS THAT CORRECT AS PRESENTED? YES, SIR.

MM-HMM, .

SO, MR. BERRY, YOU MADE THE SECOND PERFECTLY FINE WITH THAT.

SO YOU ARE, YOU ARE FINE WITH YOUR SECOND.

UH, ANY OTHER UNREADINESS AND THANK YOU MR. SMITH.

MS. BROOKS, GO AHEAD.

I JUST WANT, I'M LOOKING AT MY COLLEAGUE, COMMISSIONER RAVENAL, I THINK YOU WANTED TO AMEND THE LANGUAGE TO REMOVE THE ONE WORD, THE UNINTENTIONALLY, AND IF YOU WANNA MAKE THAT FRIENDLY AMENDMENT TO THE AMENDMENT, THAT ONE, THAT WOULD BE MY ONLY UNREADINESS THAT I COULD NOT VOTE IN FAVOR WITH THAT PARTICULAR WORD IN THE AMENDMENT, BUT YOU MAY NOT NEED MY VOTE, BUT I WOULD EITHER LIKE TO SEE THE WORDING CHANGED OR, UM, THE WORD LEFT OUT.

WHAT, WHAT IS, WHAT IS YOUR PREFERENCE MR. RAVENELL CHANGED? UM, I'D LIKE TO HAVE THE WORDING CHANGED SO THAT IT DOES PROTECT THE HOMEOWNER IN CASE THE HOUSE IS DESTROYED BECAUSE OF ARSON, BUT THEY, IT WAS NOT THEIR FAULT.

SO YOU ARE RECOMMENDING UNINTENTIONALLY BE CHANGED TO A DIFFERENT WORD.

WHAT WORD WOULD YOU USE OR WHAT WORDING WOULD YOU USE? MAYBE YOU COULD ADD EVEN UNINTENTIONALLY DESTROYED BY FIRE, BY HOMEOWNER OR SOMETHING LIKE THAT.

OR IS UNINTENTIONALLY DESTROYED BY FIRE, CAUSED BY HOMEOWNER OR SOMETHING LIKE THAT.

OR UNINTENTIONALLY DESTROYED BY FIRE THAT IS LATER DETERMINED TO BE ARSON CAUSED BY HOMEOWNER.

I, I, I DON'T WANNA MAKE IT THAT DIFFICULT, I JUST STILL THINK THE HOMEOWNER NEEDS TO BE PROTECTED BECAUSE IT COULD BE DESTROYED BY FIRE.

UM, AND SOMEBODY, BUT SOMEONE ELSE COULD SET IT TO INTENTIONALLY.

AND I THINK MR. SMITH WANTS, YOU WANNA WEIGH IN.

I HONESTLY WOULD JUST ADVISE IF IT'S A CONCERN JUST TO REMOVE THAT WORD.

I I CAN HEAR YOU.

I WOULD ADVISE JUST TO REMOVE THE WORD RATHER THAN MAKE IT FAR MORE COMPLICATED.

ADDING IN A BUNCH OF CRITERIA FOR WHAT UNINTENTIONALLY ACTUALLY MEANS IF THERE'S CONCERN ABOUT THE WORD UNINTENTIONALLY.

THANK YOU MR. SMITH.

MR. RAVENNA, UH, BASED ON THE CITY ATTORNEY'S RECOMMENDATION, UH, YOU BA YOU BASICALLY INDICATED YOU'D BE OKAY WITH EITHER ONE, EITHER CHANGING THE VERBIAGE OR WE'RE MOVING THE WORD YES.

MR. BERRY UNDERSTAND THE NEW MOTION? YES.

SO MS. CAESAR, IT WAS YOUR MOTION.

ARE YOU OKAY WITH AMENDING YOUR MOTION TO BASICALLY RECOMMEND UH, APPROVAL OF THIS RECOMMENDED AMENDED, UH, AMENDMENT AS PROPOSED WITH THE SOLE EXCEPTION OF REMOVING THE WORD UNINTENTIONALLY? YES SIR.

YOU OKAY WITH THAT? SO IS THAT NOW YOUR NEW MOTION? YES, THAT IS

[00:50:01]

ARE YOU GOOD WITH THE SECOND? OKAY.

IS THERE ANY UNREADINESS ANY MORE? OKAY, SO NOW JUST TO RESTATE IT SO IT IS CLEAR, THE MOTION ON THE FLOOR IS FOR US TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE RECOMMENDED AMENDMENT OF SECTION 7.6 WITH THE SOLE MODIFICATION OF REMOVING THE WORD UNINTENTIONALLY.

WHEN IT COMES TO IF A STRUCTURE OCCUPIED BY NON-CONFORMING USE IS WE'RE GONNA REMOVE THE WORD UNINTENTIONALLY AND THEN PROCEED ON WITH DESTROYED BY FIRE AND SO ON AND SO FORTH.

SO THAT'S, THAT IS THE SOLE CHANGE.

IS IS, AM I CORRECT? YES SIR.

THAT BEING CORRECT? UH, ALL THOSE IN FAVOR, PLEASE RAISE YOUR RIGHT HAND AND SAY AYE.

AND THAT IS CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL ON THE APPLICANT'S REQUEST TO APPROVE THE PRELIMINARY PLAT TITLE VILLAS LOTS, ONE X TWO THROUGH 2333 X 34 BLOCK A LOT ONE X TWO THROUGH THE 18 BLOCK B LOTS, ONE THROUGH 16 BLOCK C LOTS, ONE THROUGH 16 BLOCK D LOTS, ONE THROUGH NINE TX X BLOCK E.

THOSE OPPOSED DO THE SAME AS SAY NAY.

MOTION CARRIES FIVE ZERO.

ALRIGHT, THANK YOU VERY MUCH.

WE WILL NOW MOVE ON TO OUR REGULAR AGENDA, WHICH IS ITEM F1.

[1. Consider making a recommendation to the City Council on the applicant's request to approve the Preliminary Plat titled "Parkerville Villas, Lots 1X, 2-23, 33X, 34 Block A; Lots 1X, 2-18 Block B; Lots 1-16 Block C; Lots 1-16 Block D and Lots 1-9, 10X, 11 Block E". This property consists of approximately 29.333 acres and is legally described as being all of Tract 12 in the R.T. Bandy Survey, Abstract 115 (900 E. Parkerville Road) and part of Tract 24 in the M.J.S. Wampler Survey, Abstract 1537 (1100 Sherry Lane). The property owner is Harlan Properties, Inc. and the applicant is LandDesign (Tareq El-Sadi). (Case No. PP-347-24)]

THE PROPERTY CONSISTS OF APPROXIMATELY 29.333 ACRES AND IS LEGALLY DESCRIBED AS BEING ALL OF TRACK 12 IN THE RT BANDEE SURVEY ABSTRACT ONE 15, WHICH IS 900 EAST PARKVILLE ROAD AND PART OF TRACK 24 IN THE MJS OF WAMPLER SURVEY ABSTRACT 15 37, 1100 SHERRY LANE.

THE PROPERTY OWNER IS HARLAND PROPERTIES INCORPORATED AND THE APPLICANT IS LAND DESIGN.

UH, TARIQ ELS, UH, AND THIS IS CASE NUMBER PP DASH 3 4 7 DASH TWO FOUR.

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

ON SEPTEMBER THE 20TH, 2022, THE CITY COUNCIL APPROVED BY VOTE OF FOUR TO TWO AN ORDINANCE REZONING ALL OF TRACK 12 IN THE RT BRADY SURVEY ABSTRACT ONE 15, WHICH IS ADDRESSED AS 900 EAST PARKVILLE ROAD AND PART OF TRACK 24.

IN THE MJS WAMPLER SURVEY ABSTRACT 1537, WHICH IS ADDRESSED 1100 SHERRY LANE FROM EXISTING SINGLE FAMILY 12 TO SINGLE FAMILY EIGHT.

ON JULY THE SECOND 2024, THE APPLICANT REPRESENTING THE PROPERTY OWNER SUBMITTED AN APPLICATION FOR PRELIMINARY PLA TO THE CITY FOR THE PARKVILLE VILLAS.

THE SUBMITTED PRELIMINARY PLA SHOWS THIS NEW DEVELOPMENT SITE AS BEING APPROXIMATELY 29.3 TOTAL ACRES TO CONSIST OF 95 TOTAL LOTS WITH 89 OF THOSE LOTS BEING SINGLE FAMILY EIGHT LOTS, TWO LOTS BEING COMMERCIAL, ONE LOTS AND FOUR LOTS BEING COMMON OPEN SPACE LOTS.

THE SUBMITTED PRELIMINARY PLA WAS PREPARED BY A LICENSED LAND SURVEYOR AND MEETS THE REQUIREMENTS OF THE CITY'S ZONING AND SUBDIVISION REGULATION ORDINANCE.

THE DC MAP WILL GIVE YOU A PROXIMITY, UH, LOCATION.

UH, JUST FOR REFERENCE, UH, I 35 IS GONNA BE ON THE RIGHT.

I'M LOOKING AT THIS FIRST SITE PLAN HERE.

THIS IS ROAD, THIS ROAD GOING SOUTH IS ACADEMY WAY.

THAT'S GONNA BE HEADING TO, UH, THE NEW, UM, AQUATIC AND MCCARRAN PARK, UH, FACILITY.

THE UM, AQUA AND RECREATIONAL CENTER.

THIS DEVELOPMENT THAT YOU SEE HERE IS WHAT THE CITY HAS APPROVED AS HIDDEN LAKES.

THIS IS THE LARGE RESIDENTIAL DEVELOPMENT SITE THAT IS BEING DEVELOPED BY, UH, FIRST TEXAS.

SO HERE YOU ACTUALLY HAVE TWO SEPARATE TRACKS OF LAND, AS I SAID, TRACK 12, WHICH IS KIND OF THIS FLAG SHAPED HERE COMING OFF OF UM, EAST PARKVILLE ROAD.

THEN IF YOU GO TO THE MAP ON THE, UH, RIGHT, THIS IS THE FIRST FLAGSHIP THAT I WAS SAYING FLAG OF THIS PROPERTY OVER HERE, PLUS THE ADDITIONAL PROPERTY THAT GOES OVER AND THIS IS SHERRY LANE RIGHT HERE.

THAT, THAT'S THE LOCATION OF THE PROPERTY.

AGAIN, THE PRELIMINARY PLAT, UH, THEY IDENTIFIED THAT, UM, THERE WAS MEETING ALL THE REQUIREMENTS, WHICH INCLUDES THIS SUBDIVISION WILL HAVE, UH, REAR, UH, ALLEYS, UH, AND ALL OF THEM.

SO HE MEETS ALL THE REQUIREMENTS AND UM, THE COMMON LOTS.

HE'S GONNA HAVE, UH, TWO THAT BORDERS, UM, HAMPTON ROAD.

HE'LL THEN HAVE A CORNER PORTION UP HERE NEAR SHERRY AND SHERRY LANE.

AND THEN THERE IS A REQUIREMENT FOR A DETENTION RETENTION POND AREA.

AGAIN, WE ARE AN MS FOUR MUNICIPAL SEPARATE STORM SEW, A SYSTEM MANDATED BY THE FEDERAL GOVERNMENT AND ALSO THE STATE OF TEXAS TO ENSURE PRE VERSUS POST-CONSTRUCTION RUNOFF.

SO THEY ARE COMPLYING WITH ALL OF THOSE REQUIREMENTS.

THE PRELIMINARY PLAT IS BEING, UH, PRESENTED TO YOU.

UH, YOUR BOARD ONLY HAS RECOMMENDING AUTHORITY

[00:55:02]

AND AFTER YOUR CONSIDERATION OF ACTION ON IT, IT WILL BE SUBMITTED TO THE CITY COUNCIL.

WE ARE FAST TRACKING THIS AGAIN BECAUSE OF THE STATE STATUTE.

YOU KNOW, THAT 30 DAY CLOCK THAT STARTS TICKING ON US, UH, THAT IS A PART OF THE REASON THAT WE ACTUALLY HAD YOU TO MEET TONIGHT.

REMEMBER, YOU HAD ACTUALLY, UH, VOTED NOT TO HAVE TONIGHT'S MEETING, BUT, UH, WE REALLY THANK YOU FOR THAT.

BUT THIS IS, WAS THIS AND THE SUP WERE THE TWO PRIMARY REASONS WE WANTED YOU TO COME MEET TONIGHT'S STAFF, ADDRESS ANY QUESTIONS OR CONCERNS YOU MAY HAVE.

OUR RECOMMENDATION IS TO MAKE A RECOMMENDATION OF APPROVAL TO OUR CITY COUNCIL ON THE PRELIMINARY PLAN AS PRESENTED.

THANK YOU MR. BREWER.

COMMISSIONERS, ANY QUESTIONS? ALRIGHT, HEARING AND SEEING NONE, IS THERE A MOTION? MR. RAVENAL? I MAKE A MOTION THAT WE, UH, APPROVE RECOMMENDATION FOR CASE NUMBER PP DASH 3 4 7 DASH 24.

IS THERE A SECOND? SECOND.

SECOND.

UH, IT'S BEEN MOVED BY MR. RAVEN.

BEEN SECONDED BY MS. BROOKS.

ANY UN READINESS? ALRIGHT, HEARING IS SEEING NONE.

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

IS DISCUSS THE CITY'S ZONING ORDINANCE IN REFERENCE TO THE HAMPTON ROAD CHARACTER CODES.

THOSE OPPOSED TO DO THE SAME, SAME NAY MOTION, UH, CARRIES.

UH, FIVE ZERO.

WE'LL MOVE ON TO NOW.

OUR NEXT ITEM ON THE REGULAR AGENDA.

ITEM F TWO

[2. Discuss the City's Zoning Ordinance in reference to the Hampton Road Character Code's Multi-Unit Living regulations and Section 24 Multiple Family District 18.]

UH, MULTI-UNIT LIVING RE REGULATIONS AND SECTION 24, MULTI-FAMILY DISTRICT 18.

MS. BREWER, WE CAN HAVE OUR REPORT, PLEASE.

YES, CHAIR AGAIN, THIS IS A DISCUSSIONARY PIECE TONIGHT I'M BRINGING IT TO YOU.

A LITTLE DIFFERENT THAN I DID FOR THE, UH, NON-CONFORMING, UH, OR THE ADU.

UH, I'M NOT ASKING YOU TONIGHT TO EVEN CONSIDER INITIATING, UH, THE PROCESS, UH, DURING THE CONSIDERATION OF, UH, REZONING OF THE HAMPTON ROAD CHARACTER ZONE, UH, PROPERTIES, UH, AS THEY WAS EXPRESSED CONCERN AGAIN WITH THE NON-CONFORMING THE, UH, ADUS AND THE MULTIFAMILY.

WHAT I'M BRINGING YOU TONIGHT IS SIMILAR TO WHAT I DID WITH THE ADUS.

I BROUGHT IT TO YOU.

I LET YOU KNOW WHAT THE CURRENT REGULATIONS ESTABLISHED FOR CITYWIDE PLUS ALSO THE ADDITIONAL REQUIREMENTS IN THE, UH, FIVE NEW CHARACTER ZONE AREAS.

SO ON THE UM, SCREEN YOU WILL SEE, YOU WILL SEE THAT SECTION 24.

THIS IS THE, UH, CURRENT REGULATIONS.

MULTIFAMILY, UH, STATES THAT THE MULTIFAMILY RESIDENTIAL DISTRICT IS AN ATTACHED RESIDENTIAL DISTRICT INTENDED TO PROVIDE THE HIGHEST RESIDENTIAL DENSITY OF 18 DWELLING UNITS PER ACRE.

THE PRINCIPAL PERMITTED LAND USE WILL INCLUDE LOW-RISE, MULTI-FAMILY DWELLINGS AND GARDEN APARTMENTS.

RECREATIONAL RELIGIOUS HEALTH AND EDUCATIONAL USAGE IS NORMALLY LOCATED TO SERVE RESIDENTIAL AREAS.

ALSO PERMITTED IN THIS DISTRICT.

THIS DISTRICT SHOULD BE LOCATED ADJACENT TO A MAJOR THOROUGHFARE AND SERVICE, A BUFFER BETWEEN RETAIL, COMMERCIAL DEVELOPMENT OR HEAVY AUTOMOTIVE AUTOMOBILE TRAFFIC AND MEDIUM OR LOW DENSITY RESIDENTIAL DEVELOPMENT.

SECTION 24.4 AREA REGULATIONS ESTABLISHES THE MINIMUM LOT AREA IS 2,420 SQUARE FEET PER DWELLING UNIT NOT TO EXCEED AGAIN, 18 DWELLING UNITS PER ACRE.

WITH THE MINIMUM LOT SIZE BEING 20,000 SQUARE FEET.

THE MINIMUM AREA PER DWELLING UNIT IS 800 SQUARE FEET PER UNIT, PLUS 150 SQUARE FEET FOR EACH ADDITIONAL BEDROOM OVER ONE.

THE PARKING REGULATIONS ARE ESTABLISHED AS BEING ONE AND THREE QUARTER PER EACH EFFICIENCY.

ONE BEDROOM UNIT, TWO PER EACH BEDROOM U2 BEDROOM UNITS, TWO AND A HALF PER EACH THREE BEDROOM UNIT AND THREE PER FOUR OR MORE BEDROOM UNITS.

SO THOSE ARE THE REGULATIONS THAT, UH, CURRENTLY EXIST, UM, OUTSIDE OF THE PROPOSED HAMPTON ROAD CHARACTER ZONE AREA.

NOW THIS IS THE SECTION THAT WAS, UH, ADOPTED BY CITY COUNCIL.

UH, CAME TO YOU FOR YOUR PRELIMINARY RECOMMENDATION THAT WENT TO CITY COUNCIL AND IS ADOPTED BY COUNCIL ON MARCH 7TH.

SO SECTION 2.1, THE USE TABLE INTER INTERPOLATION AND SECTION 0.22, PERMITTED USE TABLE IN THE CITY'S NEW HAMPTON ROAD.

CHARACTER CODE ZONING REGULATIONS ESTABLISHED THE FOLLOWING MULTI-UNIT LIVING 10 OR FEW UNITS ARE ALLOWED WITH THE APPROVAL OF THE DIRECTOR IN ALL FIVE OF THE NEW HAMPTON ROAD CHARACTER CODE ZONING DISTRICTS.

AND THOSE ARE AGAIN, THE URBAN CENTER, URBAN GENERAL NEIGHBORHOOD SERVICES, URBAN NEIGHBORHOOD AND NEIGHBORHOOD TRANSITION.

IT ALSO STATES THAT MULTI-UNIT LIVING FOR MORE THAN 10 UNITS ARE ALLOWED WITH THE APPROVAL OF THE DIRECTOR AND FOUR OF THE FIVE HAMPTON ROAD CHARACTERS ZONE ZONING DISTRICTS.

AND THOSE ARE THE HC, UH, THE, WHICH IS URBAN, UH, CENTER, URBAN GENERAL NEIGHBORHOOD SERVICES AND URBAN NEIGHBORHOOD AND THUS IS NOT ALLOWED

[01:00:01]

IN THAT NEIGHBORHOOD TRANSITIONAL AREA.

SECTION 2.3 USE DEFINITIONS, SUBSECTION 2.3 0.1 RESIDENTIAL USES IN THE NEW HAMPTON ROAD.

CHARACTER CODE ZONING REGULATIONS ESTABLISHED THE FOLLOWING, IT'S SIMILAR TO WHAT KIND OF, WE TALKED ABOUT MULTI-UNIT LIVING LESS THAN 10 UNITS, LESS THAN 10 DWELLING UNITS ON ONE LOT OR LESS THAN 10 ATTACHED UNITS ON INDIVIDUAL.

LOTS EXAMPLE, DUPLEXES, TOWN HOMES, ROW HOUSES, TRIPLEXES, PLEXES, ET CETERA.

MULTIFAMILY UNITS, 10 UNITS OR MORE, MORE THAN 10 DWELLING UNITS ON A LOT ARE 10 OR MORE ATTACHED UNITS ON INDIVIDUAL LOTS EXAMPLE, APARTMENTS, CONDOMINIUMS, MIXED USE BUILDINGS, PLEXES, ET CETERA.

AND SO AN AGENDA ITEM HAS BEEN PLACED BEFORE YOU TONIGHT TO LET YOU START THOSE DISCUSSIONS.

I WILL NOTE THAT THERE IS BEING FORECAST A AS WE HAVE COMMUNICATED TO YOU A JOINT MEETING BETWEEN YOUR COMMISSION, THE CITY COUNCIL, AND THE DESOTO DEVELOPMENT CORPORATION ON FRIDAY, AUGUST THE 23RD.

UM, AND WHICH SOME OF THESE THINGS ARE GOING TO GET BROUGHT UP.

BUT AS I, AS I'VE COMMUNICATED TO THE CITY MANAGER'S OFFICE AND TO OUR MAYOR AS WELL AS TO THE CONSULTANTS STAFF HEARD, WE BELIEVE WE HEARD WHAT THE RESIDENTS WERE, UH, VOICING WHEN THE PUBLIC HEARINGS CAME THROUGH AND WE HAD ALREADY STARTED THE BALL WITH YOU BY BRINGING YOU THOSE THINGS.

SO THIS IS WHAT WE HAVE HEARD AS THE FINAL, UH, AREA THAT CITIZENS AND EVEN COUNCIL WAS QUESTIONING.

SO TONIGHT, I'M SIMPLY BRINGING IT TO YOU IN ORDER FOR, TO ALLOW YOU TO START YOUR DIRECT, UH, START YOUR DISCUSSIONS IF YOU HAVE ANY.

UM, WE ARE LOOKING FOR DIRECTION, IF YOU WOULD LIKE TO PUT IT ON THE NEXT AGENDA ITEM TO CONSIDER DISCUSSIONS.

IF YOU HAVE ANY QUESTIONS OR CONCERNS THAT YOU NEED FOR US TO GO BACK AND RESEARCH, WE ARE HERE AT YOUR, UH, UH, FOR YOUR PLEASURE TO HELP, UH, HELP YOU FEEL COMFORTABLE WITH THIS SECTION, IF IT'S A CONCERN BY YOU.

AND AGAIN, THIS IS AN AGENDA ITEM FOR DISCUSSION ONLY.

THANK YOU, MR. BREWER.

COMMISSIONERS, ANY UH, QUESTIONS OR ANY DISCUSSION, UH, WE'D LIKE TO HAVE AT THIS TIME? NO.

NO.

OKAY, MS. BREWER, I THINK EVERYBODY'S JUST DIGESTING IT THIS EVENING.

UH, SO, UH, DO WE WANT THIS PUT BACK ON THE NEXT AGENDA AS A DISCUSSION PIECE? JUST A QUICK QUESTION, MR. BREWER, CAN YOU GO BACK TO SLIDE NUMBER TWO? UM, YEAH, THIS ONE.

SO IN SECTION 24.4, THIS IS ESTABLISHING THE NUMBER OF PARKING SPACES REQUIRED IN THE NEW NO OF THE ROAD.

THIS IS EXISTING, THIS IS EXISTING AND THE OTHER ONE IS SILENT ON, WELL, IT'S NOT SILENT.

LEMME LEMME CORRECT THAT.

VESTA, DOESN'T IT ADDRESS PARKING? DO YOU HAVE YOUR, OKAY, THE OTHER ONE IS NOT.

THE HAMPTON ROAD CHARACTER CODE IS TOTALLY NOT SILENT.

UH, ALLOW US TO BRING THAT BACK TO YOU THE NEXT TIME.

SO IT HAS SOME LANGUAGE.

IT'S NOT AS DETAILED BASED.

THE MULTIFAMILY THAT WE HAVE CURRENTLY IS BASED ON APARTMENT UNITS, BUT IT'S A ONE BEDROOM, TWO BEDROOM, A THREE BEDROOM.

WHEN YOU BRING IT BACK, MY CONCERN IS LOOKING AT THESE REQUIREMENTS, UM, FROM A SMART AND SUSTAINABLE DEVELOPMENT PERSPECTIVE, IT APPEARS VERY OVER PARKED.

WHEN YOU TALK ABOUT A THREE OR FOUR BEDROOM UNIT REQUIRE A FOUR BEDROOM UNIT REQUIRING THREE PARKING SPACES, IT SEEMS EXCESSIVE.

SO I WOULD LIKE TO KNOW HOW THIS RELATES TO WHAT WE ARE PROPOSING FOR ON THE HAMPTON ROAD CORRIDOR.

WE'LL BRING SOMETHING BACK.

THERE IS LANGUAGE IN THE, IN THAT CODE.

THANKS MR. AU.

MR. BREWER, JUST REMIND ME, IN THE DISCUSSIONS THAT WE HAD, I KIND OF REMEMBER THE PARKING, UH, THING WAS PARKING ON HAMPTON ROAD AROUND THE BUSINESSES TO MAKING SURE.

AND THEN I DO REMEMBER DISCUSSIONS ABOUT PARKING BEHIND THE BUILDINGS AND VARIOUS THINGS, HOW THEY PARK.

OH, YOU'RE LOOKING FOR US TO MAKE RECOMMENDATIONS RELATIVE TO THE PARKING BASED ON THE, THE DENSITY OF THE DIFFERENT CENTERS AND THINGS LIKE THAT.

IS THAT WHAT YOU'RE LOOKING FOR US? NO, WHAT I'M DOING IS SIMPLY BRINGING IT TO YOU.

CONCERNS, UH, PARTICULARLY IN THAT HAMPTON ROAD WITH THE, UH, FRONT YARD SETBACKS, UH, COMING CLOSER TO THE STREET.

TO, UH, JUST STATE, WE HEARD THERE WAS

[01:05:01]

YOUR, YOUR, YOUR NOT HAVING YOUR PARKING LOTS OUT IN THE FRONT.

THEY ARE BECOMING MORE IN THE BACK.

IT WAS JUST A QUESTION OF CONCERNS WHEN IT WAS NOTED THAT MULTIFAMILY UNITS WOULD BE ALLOWED IN THOSE AREAS IN AT LEAST FOUR OF THOSE FIVE DISTRICTS.

I THINK THE COMMENT THAT CAME UP, IT WAS THOUGHT THAT WE HAD IT REGULATED BY THESE REGULATIONS BY SPECIFYING EXACTLY WHAT THE NUMBERS WOULD BE.

AND I THINK IT'S ONE PER SPACE.

I'M GONNA HAVE TO BRING IT BACK TO YOU.

SO WITH THAT, IF YOU LOOK AT LIKE AN URBAN CENTRAL AREA, THEY SAID THAT'S REALLY HIGH INTENSITY.

SO I'M SEEING, I'M ASSUMING THE INTENSITY IS GOING TO BE LIKE THE INTENSITY OF, OF RESIDENTIAL LIVING AS WELL AS RETAIL AND YES.

SO THEN WHAT I WOULD WANT TO KNOW IS IN THE DEVELOPMENT OF THIS CORRIDOR AND IN THESE DIFFERENT CENTERS, WOULD IT BECOME, WE WOULD HAVE, UH, THE MINIMUM REQUIREMENT ON HAND, BUT IT, WE WOULD HAVE TO JUST MAKE SURE THAT WHATEVER IS BUILT, LET'S SAY ON THIS CORNER OF HAMPTON AND BELTLINE ON THE CORNER, THEY WOULD JUST HAVE TO ENSURE THAT WHATEVER'S BUILT THERE, THE RETAIL IS WHERE, AS WELL AS THE, THE DENSITY OF DWELLING YOU, THEY HAVE THE PARKING TO MEET IT.

MM-HMM.

CORRECT.

BUT LIKE I SAID, THERE'S LANGUAGE.

LET US BRING THAT BACK TO YOU.

AND WE MAY NEED TO MAYBE GO INTO MORE DEPTH WHEN WE HAVE THAT JOINT MEETING WITH THE, UM, BETWEEN THE, THE BOARDS WITH THE CONSULTANTS.

SO ONE OF THE QUESTIONS BACK TO HER QUESTION THEN, SHE FELT LIKE THE PARKING REQUIREMENTS FOR LIKE A THREE BED ROOM WAS RATHER HIGH.

SO AS YOU, AS WE TALK ABOUT IT, ARE THOSE THINGS THAT WE WILL BE CONSIDERING IF WE MAKE, IF WE OFFER UP CHANGES, UH, FOR PARKING AND THINGS LIKE THAT? WE'LL NEED TO LOOK AT IT AGAIN.

I'M JUST BRINGING IT TO YOU FOR STARTING THE CONVERSATION.

ALRIGHT, WELL, MR. BREWER, THREE THINGS.

WE CAN TAKE THAT BACK AND LOOK INTO IT.

ALRIGHT, THANK YOU.

UH, NO, NO, NO.

AND THESE ARE NOT EVEN, WELL, MAYBE ONE MIGHT BE A QUESTION, BUT I, I DEFINITELY, BASED ON THE CONVERSATION, THINK WE NEED TO PUT THIS ITEM BACK ON THE NEXT AGENDA, UH, FOR FURTHER DISCUSSION.

OBVIOUSLY THERE'S A COUPLE OF THINGS IN TERMS OF VERBIAGE, UH, THAT WE NEED YOU TO BRING BACK TO US.

UH, SO IF WE COULD PUT THIS DISCUSSION ON THE NEXT AGENDA.

UH, ALSO WITH THAT BEING SAID, I KNOW AT OUR LAST MEETING THERE WAS SOME DISCUSSION ABOUT WHETHER OR NOT THERE WILL BE A AUGUST 27TH MEETING OR NOT.

DO WE KNOW AT THIS POINT IF OUR NEXT GONNA BE ON AUGUST 27TH OR SEPTEMBER 10TH? I'LL NEED TO YIELD TO BEST SIR RENAR BECAUSE THEY KNOW WHAT THE ZONING CASES THAT ARE, ARE NOT.

YES, WE DO HAVE, UH, SOME ZONING CASES THAT WERE ADVERTISED NOTIFIED FOR THE 27TH.

FOR THE 27TH.

SO IF, IF WE CAN CONTINUE THIS DISCUSSION THEN ON AUGUST 27TH, AND THEN YOU ALSO REFERENCE THE JOINT MEETING WITH CITY COUNCIL PNZ.

AND SO THE DEVELOPMENT, I KNOW IT'S ON THE 23RD.

NINE TO 1:00 PM NINE NINE TO 1:00 PM OKAY.

AND MRS. SMITH'S GOING LIKE THIS, THIS, IT IS GOING KIND OF PROVE.

I I DO LISTEN TO MRS. SMITH.

I KNOW SOMETIMES MRS. SMITH THINK HE'S JUST TALKING IN THE WIND AND PEOPLE DON'T LISTEN TO HIM.

BUT, UH, SO MRS. SMITH, AFTERWARDS I NEED TO GET WITH YOU ON SOMETHING.

UM, BUT AT THIS TIME LADIES AND GENTLEMEN, WE HAVE CONCLUDED OUR AGENDA FOR THIS EVENING.

THE TIME IS NOW 7 0 9.

IS THERE A MOTION TO ADJOURN THE MEETING? SO MOVED.

DON'T, DON'T EVERYBODY JUMP IN ONCE.