[00:00:04] GOOD EVENING. THE TIME IS 6 P.M. AND AT THIS TIME WE WILL CALL OUR WORK SESSION TO ORDER, AND WE'LL TURN IT OVER TO THE ATTORNEY, [A. WORK SESSION] MR. CALEB SMITH. SO BEFORE WE BEGIN. GOOD EVENING, EVERYONE. HOW ARE Y'ALL? I DO HAVE A COUPLE OF ASSOCIATES FROM MY OFFICE HERE TODAY AS WELL. THIS IS LANAKILA BURKS, AND THEN THAT IS ALEX KILL. SO JUST THAT'S WHO THEY ARE. AND THEY'RE HAPPY TO BE HERE TO SEE HOW THIS ALL WORKS, SO. ALL RIGHT, I KNOW WE JUST DID A TRAINING A FEW MONTHS BACK, SO A LOT OF THIS IS GOING TO BE A BIT REPETITIVE. BUT IT'S ALWAYS A GOOD REMINDER. I TRIED TO CHANGE UP A LITTLE BIT OF IT TO SOME NEW ITEMS. SO WE WILL BEGIN. ALL RIGHT. FIRST UP, JUST KIND OF WHAT WE'RE REALLY GOING TO GO OVER DURING THIS WHOLE THING IS. EXCUSE ME, MR. SMITH. YES. WOULD YOU LIKE FOR US TO HOLD QUESTIONS UNTIL THE END OF YOUR PRESENTATION? OR MAY THEY ASK QUESTIONS AS THEY COME UP? I THINK THIS CAN BE A DISCUSSION. I MEAN, THIS ISN'T A REGULAR MEETING. THIS IS A TRAINING. IF YOU ALL HAVE QUESTIONS, COME UP, LIKE, JUST SHOUT AT ME AND WE'LL GO FROM THERE. WE'LL JUST TREAT IT LIKE WE DID THE ONE A FEW MONTHS BACK. ALL RIGHT. THANK YOU SIR. SO BUT THE TOPICS WE'RE GOING TO GO OVER IS JUST KIND OF THE GENERAL GOALS OF THE COMMISSION, Y'ALL STRUCTURE WHAT Y'ALL ARE SUPPOSED TO DO, AND THEN JUST BASIC ZONING AMENDMENTS, HOW THE ZONING GETS CHANGED, WHAT WE'RE CHANGING, WHY WE'RE CHANGING IT. AND THEN I THREW IN A LITTLE BIT OF LEGISLATIVE UPDATE SINCE THE REGULAR SESSION JUST ENDED, AND WE KIND OF KNOW WHAT'S GOING ON. THERE'S NOT A TON OF BILLS THAT ARE GOING TO AFFECT DESOTO ZONING, BUT THERE ARE A COUPLE THAT WE'RE GOING TO TALK ABOUT. SO FIRST UP, GENERAL GOALS OF THE COMMISSION. WHAT IS THE WHAT IS THE PLANNING AND ZONING COMMISSION? WHY ARE Y'ALL HERE? YOU'RE AN ADVISORY BOARD TO THE CITY COUNCIL. WHAT COMES BEFORE Y'ALL, Y'ALL PROCESS ALL ZONING SPECIFIC USE PERMITS, SITE PLANS. YOU KNOW, VARIANCES, PLANNING REQUESTS PLAN DEVELOPMENTS THINGS OF THAT NATURE. WHAT YOU DO, YOU'RE JUST A RECOMMENDING BODY, OBVIOUSLY. SO YOU NEED TO MAKE RECOMMENDATIONS FOR ZONING CHANGE REQUESTS TO THE CITY COUNCIL. AND OBVIOUSLY YOU DO THAT. YOU KNOW, Y'ALL, Y'ALL ARE FAMILIAR WITH THAT AT THIS POINT. WE GO THROUGH THAT WHOLE PROCESS ON A WEEKLY, BIWEEKLY BASIS. YOU KNOW, A BIG PART OF THESE MEETINGS ARE YOU'RE PROVIDING INFORMATION TO THE CITIZENS, RIGHT? YOU KNOW, EVERYTHING'S PRESENTED BEFORE YOU. YOU HAVE PUBLIC HEARINGS IN ORDER TO CHANGE ZONING. THAT'S THAT'S FOR THE CITIZENS TO HEAR. RIGHT. AND YOU TAKE THAT INTO ACCOUNT. HERE, THE DEVELOPER SIDE HERE, WHOEVER IS REQUESTING THE ZONING CHANGE ASIDE HERE, CITIZENS, NEIGHBORS SIDE. AND Y'ALL MAKE YOUR RECOMMENDATION TO COUNCIL VIA A VOTE. YOU OVERSEE AS AN ADVISORY BODY. AROUND ZONING, YOU OVERSEE THE DEVELOPMENT OF THE CITY. COMPLYING WITH, YOU KNOW, THE ZONING ORDINANCE, THE COMPREHENSIVE PLAN. AND, YOU KNOW, SUBDIVISION ORDINANCES IN REGARDS TO PLATTING THINGS OF THAT NATURE. ALL RIGHT. SO WHAT IS THE STRUCTURE? SEVEN MEMBERS, SIX OF YOU ARE HERE. PERFECT. MUST BE A RESIDENT TAXPAYER, QUALIFIED VOTER OF THE CITY. YOU'RE OBVIOUSLY APPOINTED TO CITY COUNCIL ON STAGGERED TERMS. THREE YEAR TERMS. IF YOU KNOW THAT THERE'S A VACANCY. THAT UNEXPIRED TERM WILL BE FILLED BY THE COUNCIL. WHAT IS A QUORUM? A QUORUM IS FOR MAJORITY OF THE BOARD. SO LUCKILY, WE HAVE A QUORUM TONIGHT, AS WE NORMALLY DO. ACTIONS MUST BE BY A MAJORITY OF THE MEMBERS PRESENT. SO TONIGHT, OBVIOUSLY, THAT WOULD BE FOR AS YOU KNOW, AS WE'VE DISCUSSED BEFORE, DESOTO ZONING CODE HAS A LITTLE SPECIAL PROVISION IN THERE. SO ANYTHING WHERE YOU'RE MAKING A RECOMMENDATION TO THE CITY COUNCIL? YOU GOT TO HAVE A FORMATIVE VOTES. AFFIRMATIVE VOTES OF FOUR PEOPLE. SO EVEN IF THERE WAS ONLY FOUR OF YOU HERE, THAT'S A QUORUM. [00:05:01] ANY VOTE RECOMMENDING AN ACTION TO COUNCIL MUST HAVE FOUR. SO REGARDLESS. SO EVEN IF WE HAVE A QUORUM OF FOUR, IF NOT ALL OF YOU VOTE. YOU KNOW, TO PASS A RECOMMENDATION. THAT APPROVAL CAN'T BE MADE TO COUNCIL. THAT HASN'T BEEN A PROBLEM OF LATE. IT'S PROBABLY BEEN AT LEAST A YEAR SINCE THAT HAS COME UP, WHICH IS REALLY GOOD. SO OBVIOUSLY THAT DOESN'T APPLY TO THINGS SUCH AS PLATS BECAUSE YOU'RE NOT MAKING A RECOMMENDATION ON PLATS. YOU ARE THE APPROVER OF PLATS. LITTLE SONG. LITTLE SONG FOR US. ALL RIGHT. NEXT LITTLE PART OF THIS IS MEETING AND HEARINGS. I'M KIND OF GOING TO GO OVER. EXCUSE ME. I WASN'T SURE WHERE YOUR NEXT SLIDE WAS GOING. WOULD YOU MIND TALKING A LITTLE BIT ABOUT VOTING WHEN STAFF MAKES A RECOMMENDATION? AND IF THE COMMISSION VOTES A DIFFERENT WAY, THAT CREATES A SUPERMAJORITY AS IT GOES FORTH. COULD YOU JUST GO BACK OVER THAT? GOING AGAINST STAFF'S RECOMMENDATION DOESN'T CREATE A SUPERMAJORITY. OKAY. SO WHAT IS THE VOTE? WHERE IF WE WERE SENDING A RECOMMENDATION AND REQUIRE THE SUPERMAJORITY OF THE COUNCIL. WE'LL GET INTO THAT A LITTLE BIT LATER. SO IT IS IT'S REALLY JUST DEALS WITH PROTESTS OKAY. BUT YOU DO NOT HAVE TO FOLLOW STAFF'S RECOMMENDATION. STAFF IS STAFF AND YOU ARE THE COMMISSION. YOU KNOW, TYPICALLY FOLLOWING STAFF'S RECOMMENDATION, THAT KIND OF GOES HAND IN HAND BECAUSE THEY'VE, YOU KNOW, THEY'VE MADE THEIR RECOMMENDATION BASED OFF THE COMPREHENSIVE PLAN BASED UPON, YOU KNOW, WHETHER REQUIREMENTS ARE MET. VERY RARELY DOES STAFF COME MAKING A RECOMMENDATION FOR DENIAL, BUT YOU DO NOT HAVE TO FOLLOW STAFF'S RECOMMENDATION. STAFF IS NOT THE COMMISSION. THE ORDINANCE DOES NOT STATE. STAFF MUST MAKE A RECOMMENDATION TO COUNCIL. THAT'S JUST SOMETHING THEY DO TO HELP YOU. HELP YOU IN YOUR DISCUSSION. HELP YOU TO REALIZE, OH, ART IS ARE ALL THE THINGS MET? DOES THIS FOLLOW THE COMPREHENSIVE PLAN? DOES IT FOLLOW THE ZONING ORDINANCE? IS THIS REALLY, LIKE, COMPLIANT WITH THE WAY THE CITY'S PLAN HAS GONE FORWARD? AND IS IT LOGISTICALLY POSSIBLE? SO I MEAN, THEY'VE GONE THROUGH ALL THESE THINGS AND THEY'RE I THINK THEY CALL THEM DEVELOPMENT REVIEW MEETINGS OR WHATEVER PROCESS THEY GO THROUGH HERE. AND THEY'VE ANALYZED, YOU KNOW, ALL THE STEPS, THE FEASIBILITY. AND THAT'S THAT'S THEIR RECOMMENDATION. IF THERE'S SOMETHING Y'ALL DISCUSSED DISCUSS OR DISCOVER DURING THE PUBLIC HEARING, OR YOU KNOW YOU OR YOUR CONSTITUENTS SWAY YOU ONE WAY OR THE OTHER. YOU CAN GO AGAINST STAFF. I MEAN, THERE'S NO REQUIREMENT THAT Y'ALL HAVE TO BE IN SYNC. ALL RIGHT. GOOD. PERFECT. SO NEXT I'M GOING TO KIND OF GO OVER JUST LIKE AGENDAS. AND NOTICE THESE NEXT GROUP OF SLIDES ARE GOING TO BE ABOUT YOUR MEETINGS. SO ALL MEETINGS ARE OPEN TO THE PUBLIC WITH THE EXCEPT WITH THE EXCEPTION OF IF THERE'S AN EXECUTIVE SESSION ITEM THE AMOUNT OF TIMES THAT HAPPENS AT A PLANNING AND ZONING MEETING ARE INCREDIBLY RARE. SINCE I'VE BEEN DOING IT FOR Y'ALL, THAT'S NEVER HAPPENED. SO THREE PLUS YEARS. SO EVERYTHING'S OPEN TO THE PUBLIC, WHETHER IT'S IN THIS ROOM, WHETHER WE HAVE SOMETHING BACK IN THE CHAMBERS IF WE DO A WORK SESSION IN THE CHAMBERS. THE PRIOR TRAINING, THAT WAS A PUBLIC MEETING. ANYONE COULD HAVE COME AND JOINED. SO ANY MEETING YOU HAVE IS A PUBLIC MEETING. THE AGENDA IS FOR ME. I'LL ASK A LOT OF QUESTIONS. THAT'S FINE. CAN YOU GIVE US AN EXAMPLE OF WHAT MIGHT CONSTITUTE AN EXECUTIVE SESSION FOR PLANNING AND ZONING? HONESTLY, NO, THERE'S I CAN'T REALLY THINK OF A REASONING OTHER THAN IF THERE WAS A PLAT ABOUT TO BE DENIED BY Y'ALL OR NOT PASSED. AND I THOUGHT THAT YOU NEEDED SOME LEGAL ADVICE. I WOULD PROBABLY SUGGEST AN EXECUTIVE SESSION TO GO OVER THE RAMIFICATIONS AND THE REQUIREMENTS FOR DOING THAT. THAT THAT'S PROBABLY REALLY THE ONLY THING I COULD THINK COME UP IN A MEETING. ALL RIGHT. THE AGENDA, IT'S PREPARED AND POSTED BY THE CITY STAFF. IT SERVES AS THE OFFICIAL NOTICE TO THE PUBLIC. OF THE MEETING, AND THAT'S JUST REGULAR SESSION ITEMS. OBVIOUSLY, IF WE HAVE A PUBLIC HEARING, THOSE REQUIRE ADDITIONAL NOTICE. AS YOU'VE HEARD ME CHIME IN BEFORE WHEN WE GET OFF TOPIC, OR MAYBE ARE GOING THAT WAY. [00:10:02] THE COMMISSION MAY ONLY DISCUSS MATTERS LISTED ON THE AGENDA FOR THE MEETING. NO OTHER ITEMS ARE TO BE DISCUSSED. WE DO HAVE THAT VERY LASTING ITEM OF COMMUNITY INTEREST AT THE VERY END WHERE WE CAN KIND OF TALK ABOUT SOME THINGS. NOT SPECIFICALLY BUT WE NEED TO KEEP THOSE, YOU KNOW, TAMPED DOWN TO THOSE ITEMS THAT ARE LISTED ON THE AGENDA, WHICH IS PRETTY LIMITED SCOPE. ALL RIGHT. WHAT IS THE AGENDA USUALLY CONSIST OF. SO THERE IS THE CONSENT SECTION. THAT'S USED TO PASS ROUTINE NON-CONTROVERSIAL ITEMS MINUTES PLATS WITH A SINGLE MOTION FOR STREAMLINING THE MEETING. ANY ITEM ON THAT CONSENT AGENDA MAY BE PULLED FOR SEPARATE CONSIDERATION. I'LL DO THAT REGULARLY WHEN THERE NEEDS TO BE MODIFICATIONS TO THE MINUTES. PLATTS IN THE PAST FEW YEARS HAVE BEEN ON CONSENT AND BEEN ON REGULAR. THEY KIND OF MOVE BACK AND FORTH ON WHERE THOSE ARE LOCATED. TYPICALLY FOR MOST, MOST CITIES, THOSE ARE IN THE CONSENT PORTION OF THE AGENDA BECAUSE AS YOU ALL KNOW, WE'RE NOT GOING TO GET INTO THIS. REALLY. PLATTS ARE PRETTY MINISTERIAL IF STAFF MAKE A RECOMMENDATION FOR APPROVAL. I PRETTY MUCH HAVE MET ALL THE LEGAL REQUIREMENTS. YOU CAN REALLY ONLY DENY A PLAT IF THE LEGAL REQUIREMENTS ARE NOT MET. AND THAT'S GOING TO BE MADE KNOWN TO YOU AND NOT PUT ON THE CONSENT AGENDA. ALL RIGHT. THEN THERE'S THE REGULAR DISCUSSION PORTION OF THE AGENDA. NON-ROUTINE OR DISCUSSION ITEMS OF THE COMMISSION RARE WOULD HAVE. IT'S PRETTY RARE. A REGULAR ITEM WOULD REQUIRE A VOTE BY THE COMMISSION. THERE'S JUST NOT A LOT OF THINGS THAT YOU ALL DO THAT DON'T REQUIRE SOME SORT OF PUBLIC HEARING. SO Y'ALL REALLY ONLY VOTE ON ZONING CHANGES? THAT'S GOING TO HAPPEN AT THE PUBLIC HEARING SECTION. SOMETIMES Y'ALL DO TAKE VOTES ON. STRUCTURE, YOU KNOW, INFORMAL VOTES, RATHER BUT THERE'S REALLY NOTHING THAT'S GOING TO BE ON THE REGULAR AGENDA THAT YOU WOULD HAVE TO HAVE A VOTE FOR. MOST OF THOSE ARE JUST GOING TO BE DISCUSSION ITEMS LIKE THERE ARE TONIGHT PUBLIC HEARINGS. THAT'S WHERE THE BULK OF YOUR MEETING IS, RIGHT. THOSE ARE REQUIRED BY LAW. YOU'VE GOT TO HAVE A PUBLIC MEETING IN ORDER TO MAKE A ZONING CHANGE. YOU KNOW, THE PURPOSE OF A PUBLIC HEARING IS TO ALLOW THE PRESENTATION OF EVIDENCE FOR BOTH SIDES. YOU'RE GOING TO HAVE, YOU KNOW, STAFF ALWAYS MAKES A PRESENTATION. GIVE THE OPPORTUNITY FOR THE APPLICANT TO SHOW THEIR SIDE WHY THEY'RE REQUESTING THE ZONING CHANGE FOR, YOU KNOW, A PLAN DEVELOPMENT, WHY THEY'RE REQUESTING DEVIATIONS. AND THEN, YOU KNOW, THE PUBLIC GETS THE OPPORTUNITY TO SPEAK WHETHER THEY'RE FOR OR AGAINST THE ITEM. AND THEN YOU TAKE ALL THAT INTO CONSIDERATION AND YOU MAKE YOUR VOTE. SO THAT'S WHERE THE BULK, OBVIOUSLY, OF Y'ALL'S MEETINGS ARE. AND THEN, AS YOU KNOW, WE'VE ADDED THAT CITIZENS APPEARANCE SECTION IN THE PAST COUPLE OF YEARS, PAST YEAR OR SO. THIS WAS ALWAYS UNOFFICIAL THING THAT COULD HAPPEN, BUT WE'VE ADDED IT OFFICIALLY ON THAT AGENDA. CITIZENS CAN SPEAK AT ANY TIME ON ANY ITEM POSTED. WE CAN'T REALLY LIMIT THEIR OPPORTUNITY TO SPEAK, BUT WE'VE ADDED THAT SPECIAL SECTION, RIGHT, FOR CITIZEN APPEARANCES. YOU KNOW, ANY ANY CITIZEN CAN SIGN UP, SPEAK ON ANY ITEM NOT ON THE AGENDA AND NOT ALREADY SCHEDULED FOR A PUBLIC HEARING. DURING THAT, THOUGH, OBVIOUSLY Y'ALL CANNOT RESPOND. REALLY? IT'S NOT A DISCUSSION. YOU'RE NOT REALLY DISCUSSING IT AS A COMMISSION. CERTAIN TIMES YOU CAN ANSWER WITH LIKE VERY FACTUAL STATEMENTS THAT. BUT THAT'S PRETTY LIMITED. AND THERE'S REALLY NOT A NEED FOR THAT HERE. BECAUSE THAT RARELY HAPPENS. DOES A CITIZEN JUST APPEAR AND SPEAK ABOUT SOMETHING EVERY NOW AND THEN? WE DO HAVE ONE. BUT THAT'S MORE OF A COUNCIL THING WHEN CITIZENS SIGN UP AND JUST SPEAK ABOUT WHATEVER TOPIC THEY WANT TO. BUT IT'S REALLY NOT A DISCUSSION BETWEEN YOU. SOMETIMES THE CHAIRMAN OR MAYOR IN CITY COUNCIL MEETINGS CAN RESPOND WITH JUST SOME FACTUAL STATEMENTS WHEN IT'S JUST LIKE A BLATANT INCONSISTENCY OR SOMETHING BLATANTLY FALSE. BUT THAT'S PRETTY LIMITED. AND THEY DON'T HAVE TO. CHAIRMAN CAN IMPLEMENT, YOU KNOW, RULES FOR EVEN THE PUBLIC HEARING PORTIONS OF THE CITIZEN COMMENTS. A LOT OF TIMES HERE, I THINK WE LIMIT IT TO THREE MINUTES. IF THERE'S 100 PEOPLE IN THE CROWD SIGNED UP TO SPEAK, YOU CAN CHANGE THE RULES AS LONG AS YOU MAKE IT KNOWN. KIND OF TREAT EVERYONE THE SAME WAY AND GIVE EVERYONE THE SAME OPPORTUNITIES. I DID HAVE A QUICK QUESTION, AND I THINK IT WAS ON THE PREVIOUS SLIDE ON FIVE. I THINK YOU STATED THAT THE THE COMMISSION MAY ONLY DISCUSS MATTERS LISTED ON THE AGENDA FOR THE MEETING. [00:15:02] NO OTHER ITEMS ARE TO BE DISCUSSED. HOW DOES IT WORK WHEN LIKE FOR EXAMPLE, WE HAVE SOME DIFFERENT LEADERSHIP ON STAFF AND WE'VE BEEN TRYING TO LIKE, DO INTRODUCTIONS OR STUFF LIKE THAT. HOW DOES THAT WORK? BECAUSE WE'RE NOT ADDING THAT AS LIKE AN AGENDA ITEM. TECHNICALLY IT PROBABLY SHOULD BE AN ITEM, BUT IF WE'RE JUST A STAFF INTRODUCTION THAT COULD PROBABLY BE IN ITEMS OF INTEREST. I DON'T LIKE THAT, BUT JUST A LITTLE STAFF INTRODUCTION. BUT IF IT IS SOMETHING THAT WE'RE WE'RE HAD WE HAD SOME MAJOR CHANGES LIKE BACK TO BACK AND I THINK WE HAD SOME INTRODUCTIONS AND I THINK I WAS WATCHING IT AND WE HAD TO LIKE CUT, CUT THE INTRODUCTIONS SHORT OR I THINK YOU CUT THEM BECAUSE I THINK WE'RE GETTING OFF TOPIC. I DON'T KNOW HOW IT WENT. SO I JUST WANTED TO KNOW, LIKE HOW MOVING FORWARD, IF IT'S WHERE IT'S 3 OR 4 NEW EMPLOYEES OR SOMETHING LIKE THAT, IS THAT SOMETHING THAT JUST WE NEED TO PUT ON? I WOULD PREFER THAT BE A DISCUSSION ITEM ON THE AGENDA. SO IN THE FUTURE I WOULD THAT'S WHAT OUR OFFICE WOULD ADVISE. APPRECIATE IT. THANK YOU. BUT OUR OFFICE DOES NOT MAKE THE AGENDAS. SO REPEAT THAT, PLEASE. THE LAST THING YOU SAID YOUR OFFICE DOES NOT. STAFF MAKES THE AGENDA. OKAY. SO JUST ALONG THE LINES OF WHAT MR. GRAHAM IS SAYING, JUST TAKE, FOR INSTANCE, OUR LAST MEETING WHEN THE NEW THE NEW DIRECTOR WANTED TO INTRODUCE HIS STAFF AND EVERYTHING. SO YOU'RE SAYING THAT SHOULD HAVE PROBABLY MORE THAN LIKELY HAVE BEEN AN AGENDA TO MAKE IT ARGUE FOR IT TO BE AN ITEMS OF COMMUNITY INTEREST, BUT PREFERABLY THAT'S WHY I DIDN'T REALLY CUT IT OFF UNTIL WE GOT REALLY OFF TOPIC LAST WEEK. I WAS LIKE, YEAH, WE CAN MAYBE GET THIS IN UNDER ITEMS OF COMMUNITY INTEREST. BECAUSE IT'S IT'S NOT REALLY A DISCUSSION. IT WAS MORE JUST AN INTRODUCTION. SO THAT'S THAT'S WHY I DIDN'T STOP IT COMPLETELY LAST TIME, BUT PREFERABLY I WOULD LIKE A LITTLE ITEM ON THERE. AND JUST FOR CLARITY, BECAUSE I WAS GONNA EMAIL YOU ABOUT THESE, THERE'S SOME QUESTIONS ABOUT THIS. SO AND THEN WHEN, IF IT WAS A LINE ITEM, THAT'S SOMETHING THAT IT BECAUSE THE QUESTIONS THAT WERE BEING ASKED BY SOME OF THE COMMISSIONERS WERE SOME QUESTIONS THAT WE NEED TO KNOW, IN MY OPINION. RIGHT. AND THAT I ALSO UNDERSTOOD YOUR STANCE ON IT. BUT I WANTED TO KNOW, LIKE MOVING FORWARD, IF THAT WAS A LINE ITEM, WHICH IT WASN'T REALLY OUR DECISION TO MAKE IN THAT RIGHT SETTING. AND, YOU KNOW, THAT'S WHY I INITIALLY LET IT GO IS BECAUSE IT IT WAS PREFACED AS INTRODUCTION. IT TURNED INTO DISCUSSION. AND THAT'S EVENTUALLY WHY I CUT IT OFF. BECAUSE IT REALLY, I THINK WENT WAS ON ITS WAY OUTSIDE OF THE REALM OF JUST A BASIC INTRODUCTION. OKAY. SO, YOU KNOW, OBVIOUSLY, I INTRODUCED MY TEAM THAT I HAVE HERE TONIGHT KIND OF THAT'S A LITTLE DIFFERENT. I MEAN, BUT, YOU KNOW, SO I DIDN'T MAKE A FULL SEPARATE LIGHT ON HIM FOR THAT. SO NORMALLY I WOULDN'T REALLY REQUIRE THAT. IT'S A PRETTY OFF THE CUFF. SAY, HERE'S OUR THREE NEW STAFF MEMBERS. RIGHT. BUT THEN IT KIND OF GOT OUT OF HAND. SO I GOT YOU. THANK YOU. ALL RIGHT. DID I. SORRY. OKAY. WE WENT OVER THAT. OKAY. NEXT PART. ORDERING DECORUM. OUR CHAIRMAN MUST MAINTAIN ORDER AND DECORUM. HE'S RUNNING THE MEETING. IT'S HIS MEETING, RIGHT? IT'S HIS RESPONSIBILITY. HIS OR HER RESPONSIBILITY TO, YOU KNOW, CALL THE MEETING TO ORDER, PRESIDE OVER THE MEETING, ENSURE RULES OF PROCEDURE ARE FOLLOWED. THE CITY DOESN'T HAVE AN OFFICIAL ADOPTION OF, LIKE, ROBERT'S RULES OF ORDER. WE KIND OF LOOSELY FOLLOW THAT, BUT IT'S VERY INFORMAL. BUT IT'S IT'S THE CHAIRMAN'S MEETING TO TO RUN AND ENFORCE THE PROCEDURES MAINTAIN DIGNITY, CONFINE THE DISCUSSION, KIND OF KNOW WHAT'S ON TOPIC, KNOW WHAT'S OFF TOPIC. I OBVIOUSLY WILL CHIME IN WHEN I THINK WE'RE KIND OF STRAYING FROM THE DISCUSSION. YOU KNOW, HE'S THERE TO RECOGNIZE Y'ALL FOR FOR COMMENTS, FOR MOTIONS, FOR DISCUSSION ITEMS AND OBVIOUSLY ALLOWING AND PARTICIPATION AT THE APPROPRIATE TIME. AND HERE WE ARE. THIS KIND OF APPLIES TO ALL OF US, RIGHT? THIS IS HOW WE NEED. WE NEED TO KIND OF CONDUCT OURSELVES AT THE MEETING. ANY MEMBER MAY SPEAK AFTER BEING RECOGNIZED BY THE CHAIRMAN. SPEAKER WHO HAS THE FLOOR? SHOULDN'T BE INTERRUPTED. IT'S IT'S IT'S THE CHAIRMAN'S DUTY TO SILENCE THOSE INTERRUPTIONS. MAINTAIN ORDER. BICKERING OR TIRESOME EXCHANGES OF PERSONAL OPINIONS SHOULD BE AVOIDED. YOU KNOW, WE'RE HERE TO DISCUSS THE FACTS. NOT PERSONAL OPINIONS. NO ONE PRESENT AT A MEETING MAY ENGAGE IN PERSONAL ATTACKS, USE OFFENSIVE LANGUAGE. [00:20:05] QUESTION THE MOTIVES OF OTHERS, OR HAVE DELIBERATE MISREPRESENTATIONS OF THE FACTS. REMEMBER YOUR ROLE AS THE PLANNING AND ZONING COMMISSION? YOU'RE HERE TO REGULATE ZONING. YOU'RE NOT HERE AS BUSINESS ANALYST. WE'LL KIND OF GET INTO THAT PIECE A LITTLE BIT LATER. AND OBVIOUSLY, YOU KNOW, TREAT CITY STAFF AS PROFESSIONALS. AVOID PUBLIC CRITICISM OF STAFF. ANY CONCERNS YOU MAY HAVE? YOU CAN DIRECT THAT TO THE DIRECTOR OR THE CITY MANAGER OR OUR COUNCIL LIAISON HERE. AND THEY CAN PORTRAY THAT MESSAGE ALONG THE APPROPRIATE LINES. ALL RIGHT. THE CITIZEN'S RIGHT TO SPEAK AT THE MEETING. SO THIS IS, YOU KNOW, OBVIOUSLY FOR OUR CITIZEN COMMENT SECTION, AS WELL AS OUR PUBLIC HEARING SECTION. THEY CAN SPEAK, YOU KNOW, PRETTY MUCH AT ANY TIME. WE CAN'T REALLY RESTRICT THEIR TIME TO SPEAK IF THEY WANT TO SPEAK ON AN ITEM. THERE'S NOT, YOU KNOW, A PUBLIC HEARING ON. WE CAN LET THEM DO THAT. RIGHT. AND THEN OBVIOUSLY AT A PUBLIC HEARING WE GIVE THAT OPPORTUNITY FOR THEM TO SPEAK WHEN WE OPEN IT. AND THEY CAN SPEAK ON ITEMS LISTED FOR ACTION OR COMPLICATED ACTION AS A RESULT OF AN EXECUTIVE SESSION. THAT'S NOT GOING TO COME UP REALLY HERE. GENERALLY, CITIZEN COMMENTS ARE NOT A QUESTION AND ANSWER SESSION. IT'S REALLY JUST THEM TALKING AT YOU. TALKING TO YOU. RIGHT? IF WE'RE NOT REALLY ENGAGING WITH THE CITIZEN, WE DO THAT, YOU KNOW, WITH THE APPLICANT, AND THAT'S APPROPRIATE. BUT NOT JUST FOR CITIZEN COMMON TYPE SECTIONS. MR. SMITH, I HAVE A QUESTION. YES, SIR. ESSENTIALLY, YOU SAID THAT THE PUBLIC'S ABILITY TO SPEAK SHOULD NOT BE INFRINGED. IT HAS BEEN A PRACTICE TO SET A TIMER WHEN CITIZENS SPEAK. IS THAT ALLOWABLE? YOU CAN SET REASONABLE RULES FOR PUBLIC COMMENTS. SO THE THREE MINUTES HAVING PEOPLE. YOU MUST HAVE A CARD. THOSE KIND OF BASIC THINGS, WE CAN IMPOSE THOSE. WE JUST CAN'T SAY, NO, YOU CAN'T SPEAK. THANKS. I'M KIND OF IN THOSE COMMENTS AS I WAS TALKING ABOUT A LITTLE EARLIER. YOU CAN SAY, OKAY, WE'RE GOING TO, YOU KNOW, GET WITH STAFF AND MAYBE COME BACK TO YOU OR IF THAT NEEDS TO, WE'LL GET WITH STAFF AND ADDRESS THE PROBLEM. YOU CAN STATE VERY FACTUAL INFORMATION OR EXISTING POLICY. SO IF SOMEONE SAYS THERE'S NO ZONING CODE, WHY ISN'T THERE A ZONING CODE? WELL, YES THERE IS. YOU CAN SAY THERE IS A ZONING CODE. THAT'S A VERY TERRIBLE EXAMPLE. BUT, YOU KNOW, SOMETHING LIKE THAT. AND THEN YOU CAN SAY THAT, YOU KNOW, YOU'LL REQUEST THE ITEM BE PUT ON A FUTURE AGENDA OR SOMETHING LIKE THAT, JUST SO THEY KNOW YOU'RE NOT COMPLETELY IGNORING THEIR REQUEST. IF IF YOU KNOW, YOU ALL DECIDE YOU WANT TO DO SOMETHING, GIVE A QUESTION. I'VE ONLY SEEN THIS HAPPEN LIKE TWICE. HOWEVER, IF SOMEONE DOES WANT TO CONTINUE TO SPEAK AFTER THAT THREE MINUTES ARE THEY ABLE TO GO FILL OUT LIKE ANOTHER CITIZEN'S CAR? THEY'RE NOT ABLE TO TRY TO MANIPULATE. WHAT THAT RULE IS, IS THE SAME RULES FOR EVERYONE. AS LONG AS WE ENFORCE THAT RULE EQUALLY ON EVERYONE, IT'S A PERSON CANNOT SPEAK FOR ANOTHER PERSON THAT IT'S THAT JUST. I'VE SEEN IT ONLY TWICE. BUT PASSING OF TIME SAYING I. THEY CAN HAVE MY THREE MINUTES. YEAH. THAT'S REALLY FOR THE CHAIRMAN TO JUST DECIDE WHAT THE RULE IS. IF THAT'S WHAT HE WANTS TO DO TO RUN THE MEETING, TO IMPOSE THAT RULE THAT, OH, YOU CAN HAVE A ROLLOVER MINUTES. I GUESS I DON'T KNOW WHAT TO CALL IT. HE CAN DO THAT. I DON'T THINK WE'VE EVER HAD THAT PRACTICE HERE. BUT I'M NOT SURE. BUT HE CAN, IF THAT'S WHAT HE WANTS TO DO. ALL RIGHT. PUBLIC HEARINGS AGAIN. LIKE I SAID, I KIND OF WENT OVER ALL THIS. JUST REMEMBER, WITH PUBLIC HEARINGS, RIGHT? NUMBERS. THAT'S THAT'S NOT THE END ALL BE ALL RIGHT. A VOCAL MINORITY IS OFTEN FILLS A PUBLIC HEARING. THAT'S PRETTY ROUTINE, AND I THINK YOU'LL REALIZE THAT. MAKE SURE YOU LOOK AT THE OVERALL PICTURE. YOU KNOW, YOU ALL LOOK AT ALL SIDES TO MAKE YOUR DETERMINATION. AND. TYPICALLY CONVERSATIONS BETWEEN SPEAKERS AND AND BOARDS OF THE COMMISSION. THAT'S NOT REALLY SOMETHING THAT TYPICALLY HAPPENS. SPEAKERS REALLY AREN'T HERE TO ADDRESS THE AUDIENCE. THEY'RE HERE TO ADDRESS YOU. I THINK WE USUALLY DO A PRETTY GOOD JOB OF THAT HERE. LIKE, YOU'RE YOU'RE SPEAKING TO US. THE COMMISSION. SO MAKE SURE YOU'RE DOING THAT TO US. THIS ISN'T A PULPIT TO PREACH OUT TO THE CROWD, RIGHT? ALL COMMENTS SHOULD BE TO YOU ALL. KIND OF A FEW OTHER THINGS. [00:25:06] THERE'S NO REASON THAT YOU HAVE TO GIVE FOR YOUR VOTE. YOU DON'T HAVE TO EXPLAIN YOURSELF. EVER. I OUR OFFICE USUALLY ADVISES NOT TO TELL WHY YOU VOTED ONE WAY OR THE OTHER. JUST BECAUSE IF YOU SLIP UP AND A REASON YOU SAY THAT YOU VOTED FOR OR AGAINST AN ITEM IS PROHIBITED BY LAW. RIGHT. THAT COULD GET YOU INTO SOME TROUBLE. SO WE ALWAYS ADVISE, UNLESS YOU ARE VERY SURE THAT YOUR REASON IS VALID. IT'S REALLY NOT GOOD PRACTICE TO GIVE A REASON FOR YOUR VOTE. AND THAT I DON'T REALLY RECALL THAT HAPPENING MUCH HERE, IF EVER. IF, YOU KNOW, WE DECIDE TO CHANGE SOMETHING UP WHILE WE'RE HERE, WHICH HAPPENS EVERY NOW AND THEN, SO ADD ADDITIONAL DEVIATIONS OR SOMETHING LIKE THAT. WE TRY TO AVOID THAT AT ALL COSTS. JUST BECAUSE WE'VE GOT TO MAKE SURE THAT'S VALID AND POSSIBLE AND THAT, YOU KNOW, THE APPLICANT CAN ACTUALLY DO THOSE THINGS, BECAUSE IF WE ADD SOME SORT OF CONDITION THAT THEY JUST HAVE TO COME BACK AND REQUEST TO REZONE. THAT KIND OF CREATES COMPLICATIONS. WE DON'T WE DON'T DO THAT A TON. AND, YOU KNOW, WE CAN ALWAYS TABLE SOMETHING OR MOVE IT. IF THERE'S EVER A QUESTION THAT WE NEED TO KIND OF RENEGOTIATE WHAT'S HAPPENING OR, YOU KNOW, THE APPLICANT MAY DO THAT THEMSELVES, YOU KNOW, AND THAT HAPPENS SEEMS TO BE MORE OF WHAT HAPPENS IS THEY REALIZE, OH, YOU KNOW, PUBLIC CONSENSUS DUE TO OUR LIKE NEIGHBORHOOD MEETINGS, WE NEED TO TWEAK SOME LITTLE THINGS AND WE'LL TABLE THAT. RIGHT. SO WE TRY TO AVOID THAT AT THE MEETING. AND OBVIOUSLY YOU YOURSELVES TRY TO AVOID THAT. SO LET'S JUST SAY FOR INSTANCE, WE HAVE A CASE WHERE THERE IS A DEVIATION REQUEST THAT IT APPEARS THAT THE ENTIRE COMMISSION IS JUST NOT ON BOARD. AND THE APPLICANT HEARS AND KIND OF UNDERSTANDS THAT AND THAT THEY SAY, HEY, IF THAT'S THE ONLY THING THAT'S STANDING IN THE WAY OF ME GETTING AN APPROVAL, AND THEY SAY, I WOULD LIKE, COULD YOU MAKE A MOTION ALONG THAT LINE? YEAH. AND WE'VE DONE THAT BEFORE. I MEAN, WHEN IT'S, YOU KNOW, AND AND USUALLY I'LL TRY TO TRY AND CHIME IN TOO, IF I'M LIKE, WE CAN'T DO THAT, WHICH IS RARELY THE CASE. AND WE NEED TO TWEAK A LITTLE DEVIATION OR IT'S USUALLY REMOVAL OF A DEVIATION. RIGHT. WHICH OBVIOUSLY WE CAN THAT COMPLIES WITH THE ZONING CODE BECAUSE WE'RE REMOVING A DEVIATION AND THEY'RE OKAY WITH THAT. THEN THAT'S WE'RE NOT REALLY CHANGING WHAT CAN HAPPEN OR WE'RE NOT REALLY QUESTIONING. WE'RE NOT REALLY CHANGING ANYTHING THAT WE NEED TO VERIFY THAT THAT'S LEGAL BECAUSE WE'RE JUST REMOVING SOMETHING THAT THEY'VE ADDED AS A DEVIATION. THAT'S THAT THEY'RE REQUESTING TO GO AGAINST THE ZONING CODE. IF WE'RE IF THEY'RE GOING TO COMPLY WITH THE ZONING CODE, THAT IS AS IS, THEN THAT'S THAT'S PERFECT, RIGHT? THAT, YOU KNOW, THAT THAT MAKES EVERYTHING EASIER. SO JUST REMEMBER ALL OF OUR MEETINGS. ANY TIME THERE'S A QUORUM OF YOU PRESENT. YOU NEED TO COMPLY WITH THE OPEN MEETINGS ACT. IF YOU'RE TALKING ABOUT OFFICIAL BUSINESS YOU ARE AN ADVISORY BOARD, BUT THIS IS ONE THAT NEEDS TO COMPLY WITH THE OPEN MEETINGS ACT. EVEN THOUGH SOME ADVISORY BOARDS DO NOT. ANY DISCUSSION OR DELIBERATION BETWEEN A QUORUM OR BETWEEN A QUORUM AND ANOTHER PERSON REGARDING ANY SORT OF OFFICIAL BUSINESS ZONING BUSINESS FOR WHICH, YOU KNOW, YOU ALL HAVE A SAY IN IS PROHIBITED. RIGHT. IF YOU HAVE A QUORUM AND START TALKING ABOUT OFFICIAL BUSINESS, THAT'S A MEETING, RIGHT? IF WE DID NOT ADVERTISE FOR THAT, IF WE DID NOT POST AN AGENDA FOR THAT. CAN'T DO THAT. THAT WOULD BE A VIOLATION OF THE OPEN MEETINGS ACT. DELIBERATION IS DEFINED AS A VERBAL EXCHANGE DURING A MEETING OR A QUORUM OF YOU ALL AND YOU ALL AND A CITIZEN OR STAFF MEMBER OR SOMETHING LIKE THAT REGARDING, YOU KNOW, SOMETHING YOU CONTROL. YOU HAVE A SAY IN SO ANY SORT OF ZONING MATTERS. BE CAREFUL OF A YOU KNOW, I THINK WE TALKED ABOUT THIS LAST TIME, A WALKING QUORUM WHEN ONE OF YOU JUST KIND OF ESSENTIALLY GOES DOWN THE LINE AND CREATES A QUORUM DISCUSSION, EVEN THOUGH YOU'RE NOT PHYSICALLY, YOU KNOW, PRESENT. SO BE CAREFUL OF TALKING ABOUT OFFICIAL BUSINESS OUTSIDE OF THESE MEETINGS. YOU MAY NOT DELIBERATE BY TELEPHONE ABOUT OFFICIAL BUSINESS EMAIL, TEXT MESSAGES TO ARRIVE AT A FORMAL DECISION. SO JUST YOU'RE AT THE MEETING, YOU DECIDE. YOU MAKE YOUR DECISIONS HERE AT THE MEETING. YOU DON'T MAKE THEM AHEAD OF TIME THROUGH EMAIL, PHONE CALL, TEXT MESSAGES. YOU DO ALL THAT HERE IN FRONT OF THE PUBLIC, RIGHT? YOU DELIBERATE OUT IN THE OPEN FOR FOR THE PUBLIC TO SEE. [00:30:08] WRONG BUTTON. ALL RIGHT. THIS NEXT LITTLE BIT, ZONING AMENDMENTS ARE RUNNING OUT OF TIME. OFFICIALLY, IT'S UP TO YOU IF YOU WANT TO CUT ME OFF OR JUST KEEP GOING. THERE'S NOT A TON LEFT, AND I CAN SPEED IT UP. OKAY. COMMISSIONERS, WOULD YOU BE OKAY IF WE CONTINUE UNTIL HE FINISHES THIS LAST SLIDE? ALL RIGHT. CONTINUE. PERFECT. ALL RIGHT. SO THE NEXT LITTLE BIT ZONING AMENDMENTS. KIND OF WHAT Y'ALL DO. OR WE CAN SKIP THIS AND JUST GO TO THE LEGISLATIVE UPDATE IF YOU WANT TO REALLY SPEED IT UP. OKAY. SO YOU GET YOUR ZONING AUTHORITY OUT OF THE LOCAL GOVERNMENT CODE. YOU YOU KNOW, THE CITY MAY DIVIDE ITSELF UP RIGHT BY, YOU KNOW, SHAPES AND, YOU KNOW, DIFFERENT AREAS. AS LONG AS THAT'S. WHATEVER'S BEST FOR, YOU KNOW, PUBLIC HEALTH SAFETY. PROTECTING, YOU KNOW, CONSERVING HISTORICAL PLACES. AGRICULTURAL PLACES. YOU CAN OBVIOUSLY, WITHIN EACH ZONING DISTRICT, REGULATE THE LAND, USE THE LOCATION OF BUILDINGS HOW THOSE STRUCTURES ARE BUILT, THE SIZE OF THE STRUCTURES. HOW MUCH YARD YOU HAVE? SETBACK. PARK SPACE, THINGS OF THAT NATURE. COMPREHENSIVE PLAN. RIGHT. EVERY CITY HAS ONE. THAT'S KIND OF WHAT YOU NEED TO BASE YOUR DECISION OFF OF. HOW? THAT'S HOW. THAT'S THE GUIDANCE THAT THE CITY HAS PROVIDED YOU TO MAKE YOUR ZONING DECISIONS WHEN YOU WHEN YOU'RE CONSIDERING A REZONING ACTION. ALL THAT SHOULD BE BASED OFF THE COMPREHENSIVE PLAN. STAFF'S ALWAYS BEEN PRETTY GOOD ABOUT SAYING THIS COMPLIES WITH THE COMPREHENSIVE PLAN. THIS COMPLIES WITH THE THOROUGHFARE PLAN. THINGS OF THAT NATURE. RIGHT. SO THAT THAT PLAN THAT'S ADOPTED BY COUNCIL, ADOPTED BY THE CITY, RIGHT, THAT THAT PROVIDES A LONG RANGE DEVELOPMENT PLAN, THE DIRECTION THE CITY WANTS TO GO SO THE CITIZENS KNOW WHAT'S GOING ON. YOU KNOW WHAT? WHAT IS THIS CITY'S LONG TERM VISION FOR DEVELOPMENT? YOU KNOW, REZONING CASES ARE NOT MODIFICATIONS TO THE COMPREHENSIVE PLAN, RIGHT? WE HAVE TO COMPLY WITH THAT COMPREHENSIVE PLAN. IF WE WANT TO CHANGE THAT, THEN WE HAVE TO AMEND THE COMPREHENSIVE PLAN. SO ZONING DECISIONS REALLY NEED TO COMPLY WITH THE COMPREHENSIVE PLAN. AGAIN, YOU CAN ONLY AMEND. THAT'S THE OTHER THING WITH SAME THING WITH ZONING. COMPREHENSIVE PLANS CAN ONLY BE AMENDED AFTER A PUBLIC HEARING AND ADOPTION. MR. SMITH, LAST YEAR WE HAD A CASE WHERE IT WAS AROUND THE COMPREHENSIVE PLAN. AND CAN YOU JUST KIND OF REMIND ME OF YOUR STANCE WHERE THE RECOMMENDATION WAS BASED ON THE COMPREHENSIVE PLAN? I'M RECOMMENDING THIS. AND THEN THE DISCUSSION WENT INTO THE FACT, WELL, REALLY, THE COMPREHENSIVE PLAN IS A GUIDE. IT'S REALLY A GOD. IT'S NOT THE END ALL AND BE ALL ON YOUR DECISIONS. CAN YOU? DO YOU REMEMBER THE CASE I'M DISCUSSING? MAYBE A LITTLE BIT. OKAY. JUST WITH THE INFORMATION I SHARED WITH YOU. WHAT DO YOU SAY IF SOMEONE IS SAYING MY DECISION IS BEING MADE? SO MY RECOMMENDATION IS BEING BASED ON THE COMPREHENSIVE PLAN, BUT SOMEONE ELSE IS SAYING NO. THE COMPREHENSIVE PLAN IS JUST A GUIDE. IT'S NOT THE IN ALL AND BE ALL RELATIVE TO YOUR DECISIONS. WHERE DO YOU WHERE DO YOU SEE IT LEGALLY STANDING? WASN'T THAT DURING THE THE CHANGING OF THE COMPREHENSIVE PLAN THAT WAS DONE AND AND COMMISSIONERS. IF YOU REMEMBER, YOU CAN CHIME IN. THAT WAS A CASE THAT THE PLANNING MANAGER WAS SAYING DENIAL BASED ON THE COMPREHENSIVE PLAN. BUT ANOTHER STAFF MEMBER SAYS WE DON'T REALLY HAVE A PROBLEM WITH IT. IT'S MORE OF A GUIDE. AND SO WHAT IT CREATED WAS LIKE A LITTLE BIT CONFUSION. THERE I BELIEVE THAT ONE, THE USE WAS ALREADY BEING USED AGAINST THE COMPREHENSIVE PLAN, I BELIEVE. AND IF THAT'S THE CASE, THE COMPREHENSIVE PLAN IS NOT REZONING JUST BECAUSE THE COMPREHENSIVE PLAN SAYS THIS IS COMMERCIAL AND IT'S CURRENTLY RESIDENTIAL, IT'S ALREADY BEING USED AS RESIDENTIAL. THEY WERE JUST MODIFYING THEIR PLANNED DEVELOPMENT. SO THAT USE WAS ALREADY BEING USED AGAINST THE COMPREHENSIVE PLAN BECAUSE IT PREVIOUSLY COMPLIED WITH THE COMPREHENSIVE PLAN. SO AND I THINK THAT ONE WAS A LITTLE IF I, I THINK I KNOW WHAT YOU'RE TALKING ABOUT. [00:35:03] I THINK THAT IS THE ONE. BUT MY QUESTION IS MORE JUST BASED ON THE FACTS OF WE ARE GIVEN. THE COMPREHENSIVE PLAN IS THAT IS WHAT WE'RE SUPPOSED TO, YOU KNOW, FOLLOW THAT IS WHAT WE'RE ALL SHOULD BE ON THE SAME PAGE ABOUT. AND I THINK THAT MEETING WHERE I WAS, I PERSONALLY WAS VERY CONFUSED WAS THAT IT WAS NOT ONLY A DENIAL, WHICH EARLIER TODAY YOU SAID, YOU KNOW, MOST TIMES YOU DON'T REALLY DEVIATE FROM STAFF, BUT, YOU KNOW, DON'T HAVE TO. IT WAS PUT US IN A SITUATION BECAUSE TYPICALLY I THINK THIS COMMISSION WE DO WE REALLY IF WE DO GO AGAINST STAFF, WE WANT TO HAVE SOME GOOD REASONING FOR IT AND WE DON'T REALLY GO AGAINST THEM OFTEN. BUT IN THAT SETTING, IT WAS KIND OF WEIRD BECAUSE AS THEY'RE SAYING, DENIAL, THEY'RE ALSO STAFF IS SAYING THE COMPREHENSIVE PLAN LIKE IS NOT THE IT'S NOT IT DOESN'T HAVE TO BE THAT. BUT IF THAT'S WHAT OUR GOAL IS AND WE'RE SUPPOSED TO BE PUSHING WHAT THE PLAN IS, IT PUT US IT PUT ME IN A SITUATION WHERE I WAS UNABLE TO MAKE A DECISION BECAUSE IT WAS CONTRADICTING. I THINK THE QUESTION PERHAPS THAT PROBABLY COULD HAVE BEEN PRESENTED BETTER BACK THEN, I THINK I KNOW, I THINK I KNOW WHICH ONE THIS IS. AND THERE WAS SOME CONFLICTING STATEMENTS FROM STAFF. CORRECT. SO I THINK THAT WAS AN ANOMALY, HONESTLY. REALLY, YOU SHOULD BE FOLLOWING A COMPREHENSIVE PLAN, BUT IF SOMETHING'S ALREADY BEING USED AGAINST THE COMPREHENSIVE PLAN, YOU'RE NOT CHANGING ZONING JUST BECAUSE OR DENYING SOMETHING, JUST BECAUSE IT DOESN'T COMPLY WITH THE CURRENT EVENT. THEY WERE ALREADY USING IT AS THAT. THE STRUCTURE WAS ALREADY BUILT. THE BUSINESS WAS ALREADY OPEN. THEY WERE JUST ESSENTIALLY MAYBE REARRANGING THEIR SITE PLAN. SO THEY THEY WERE ALREADY APPROVED FOR THAT USE JUST DUE TO A FORMALITY. RIGHT. THEY MAY HAVE TO READJUST THE SITE PLAN, BUT, YOU KNOW, THE COMPREHENSIVE PLAN WOULDN'T SAY, OKAY, YOU'VE GOT TO WIPE THAT WHOLE USE OUT AND START OVER. NO, THAT WOULD BE A TAKING. RIGHT. WE CAN'T DO THAT. OH, THIS IS THE SLIDE. SO THAT'S KIND OF WHAT WE'RE TALKING ABOUT. ZONING REGULATIONS MUST BE ADOPTED IN ACCORDANCE WITH THE COMPREHENSIVE PLAN DEALING WITH STREET CONGESTION, SAFETY REASONS, PROMOTING THE GENERAL HEALTH AND WELFARE AND ADEQUATE LIGHTING AND AIR, PREVENTING OVERCROWDING UNDUE CONCENTRATION OF POPULATION ADEQUATE PUBLIC SERVICES. THAT'S WHAT OUR COMPREHENSIVE PLAN IS DESIGNED TO DO. AND WHEN YOU ALL FOLLOW THAT, YOU KNOW. RIGHT. WE'RE COMPLYING WITH ALL THAT. SO WHEN WE REQUEST A CHANGE TO THE ZONING CODE, RIGHT, WE MUST PUBLISH NOTICE. STATE LAW REQUIRES 200FT TO PHOTOS. ADDED 400FT AS WELL. SO THAT'S THE 400 IS NOT STATE LAW. THAT IS A CITY. FURTHER RESTRICTION THAT THEY PUT IN TO PROVIDE FURTHER NOTICE TO THE PUBLIC. AND JUST TO BE CLEAR ON THAT, IF WE IF WITHIN THAT 200FT, IT IS ANOTHER CITY, WE ARE NOT REQUIRED TO GIVE THAT THEM. IT'S ONLY FOR DESOTO. OKAY. ALL RIGHT. EVERY CHANGE IN ZONING MUST BE PRESENTED TO YOU. YOU MUST HAVE THE PUBLIC HEARING. YOU MUST MAKE MAKE MAKE A RECOMMENDATION FOR APPROVAL TO COUNCIL. AND THEN COUNCIL MUST DO THE SAME THING. THEY'VE GOT TO HAVE THE PUBLIC HEARING. THEY'VE GOT A PUBLIC NOTICE. AND AND ULTIMATELY APPROVE OR DENY THAT THAT CHANGE IN ZONING. MR. SMITH, I DIDN'T WANT TO GO BACK, BUT I THINK I NEED TO. CAN YOU GO BACK A SLIDE, PLEASE? I JUST WANT TO SPECIFICALLY, SINCE WE HAVE HAMPTON ROAD CORRIDOR COMING UP IN A MONTH OR SO. ONE OF THE PAIN POINTS IS ALWAYS THE ROADWAY DIET. SO THIS FIRST BULLET THAT TALKS ABOUT LESSENED CONGESTION IN STREETS. CAN YOU ELABORATE ON THAT A LITTLE BIT? BECAUSE I THOUGHT THAT WOULD BE MORE IN ALIGNMENT WITH THE THOROUGHFARE PLAN AND NOT NECESSARILY THE ZONING REGULATION. YEAH. IT WOULDN'T. AND THAT'S ALL KIND OF ADOPTED ALONG THE SAME LINES, RIGHT. THAT'S ALL PART OF THE SAME PROCESS. SO THOSE ARE USUALLY DONE IN CONJUNCTION WITH EACH OTHER. BUT THE CITY'S FOLLOWING BOTH OF THOSE. USUALLY THE COMPREHENSIVE PLAN TAKES INTO ACCOUNT THAT THOROUGHFARE PLAN FOR WHATEVER. I DON'T KNOW THE SPECIFICS OF THE THOROUGHFARE PLAN FOR HAMPTON ROAD OR THE SPECIFICS FOR THE COMPREHENSIVE PLAN ON HAMPTON ROAD. I CAN ONLY MAKE THE ASSUMPTION THAT STAFF'S MAKING THEIR RECOMMENDATION BASED ON BOTH OF THOSE THINGS. PUTTING EVERYTHING, PUTTING THE BIG PICTURE, ADDING ALL THESE THINGS TOGETHER. AND WHAT'S THE BEST PLAN FOR THE CITY? SO I'M NOT GOING TO GET INTO THE SPECIFICS OF WHETHER I THINK THAT, YOU KNOW, THAT ALL COMPLIES. I JUST WANT THE CLARIFICATION, BECAUSE ONE OF THE THINGS WE HEAR FROM STAFF WHEN WE'RE TALKING ABOUT THAT SPECIFIC CASE [00:40:01] IS COMMISSION. YOU'RE NOT MAKING A DECISION BASED ON A ROADWAY REGULATION. AND THIS BULLET KIND OF CONTRADICTS THIS A LITTLE. YEAH. I THINK WHAT THAT'S COMING FROM IS ZONING, ZONING AND THE ROADWAY IS SOMETHING DIFFERENT. WHAT'S HAPPENING WITH THE ROADWAY? THIS COMMISSION DOES NOT HAVE ANYTHING TO DO WITH. YOU'RE ONLY DOING THE REZONE. YOU DON'T CONTROL WHAT ROAD GOES WHERE HOW BIG THE ROAD IS, HOW NICE THE ROAD LOOKS. GRANTED. WITH CAVEATS. RIGHT. BECAUSE SOMETIMES WE CAN REQUEST, YOU KNOW, TRANSPORTATION, ROADWAY PLANS. BUT YOU LOOKING AT THE CITY IS LOOKING AT ALL THESE THINGS TOGETHER WHEN THEY'RE MAKING THEIR THOROUGHFARE PLAN, WHERE THEY'RE MAKING THEIR COMPREHENSIVE PLAN. OBVIOUSLY, THEY BRING IN OUTSIDE CONSULTANTS ALL THE TIME TO DO THAT. AND THEY LOOK AT ALL THESE REQUIREMENTS, ALL THESE DIFFERENT ASPECTS, AND THROW THEM TOGETHER INTO ONE PLAN TO MAKE SURE IT'S COHESIVE AND POSSIBLE. I JUST WANT TO MAKE A RECOMMENDATION THAT THIS SPECIFIC BULLET IS REVISITED, BECAUSE WHEN WE THINK ABOUT LESSENING CONGESTION, WHEN IT'S WRITTEN IN THIS SPECIFIC TEXT, IT'S ONLY CONSIDERING AUTO CONGESTION. SO I WOULD, YOU KNOW, JUST SO WHEN WE'RE MAKING DECISIONS, WE'RE KEEPING IN MIND, WE'RE THINKING ABOUT ALL OF THE USERS OF THAT ROADWAY AND NOT JUST THE AUTOMOBILE. RIGHT. AND OBVIOUSLY, LIKE WHEN YOU'RE DOING REZONING TOO, YOU SOMETIMES CAN REQUEST THE WHAT IS THE TRAFFIC IMPACT STUDY TO TO KNOW WHAT'S REQUIRED AND SOMETIMES DEVELOPMENTS AND YOU KNOW, PLANS CAN REQUIRE, OKAY, YOU'VE GOT TO ADD A ROAD OR, YOU KNOW, BUT THAT'S ALL KIND OF IN CITY REGULATIONS ON WHEN THAT'S REQUIRED. AND, YOU KNOW, IF A DEVELOPER IS REQUIRED TO PUT IN A BIGGER ROAD BECAUSE OBVIOUSLY YOU CAN'T HAVE, YOU KNOW, AN ALLEYWAY AND THEN ADD A 500 UNIT APARTMENT WITHOUT REALLY ORGANIZING. HOW DOES THAT TRAFFIC? HOW DOES THAT ROADWAY WORK? SO I THINK THAT'S MORE WHAT THIS IS GETTING INTO. THANK YOU, VICE CHAIR, FOR BRINGING UP THAT QUESTION BECAUSE I WAS THINKING ALONG THE SAME LINES. LET ME JUST ASK ONE CLARIFYING QUESTION FOR MYSELF BEFORE WE MOVE ON. WOULD YOU GO BACK TO THAT SLIDE? LESSENING OF THE CONGESTION AND STREET. SO IS THERE A CONSIDERATION FOR THE IMPACT THAT WHERE YOU MAY LESSEN A CONGESTION IN ONE STREET, BUT THE RESIDUAL IMPACT THAT MAY GO OFF MAY INCREASE CONGESTION IN ANOTHER STREET? DOES THIS APPLY? SO YOU'RE LOOKING AT ALL OF THESE THINGS AS ONE BIG PICTURE. RIGHT. AND WHEN THOSE CONSULTANTS COME IN, WHEN STAFF LOOKS AT THIS, THEY'RE SAYING, HOW DOES ALL THIS WORK TOGETHER WITH WHAT'S EXISTING, THE FUTURE DIRECTION OF THE CITY WE WANT TO GO AT? THESE ARE THE FACTORS THAT WE NEED TO TAKE INTO CONSIDERATION WHEN WE'RE DEVELOPING THAT COMPREHENSIVE PLAN. YES, ONE THING MAY AFFECT THE OTHER, BUT THE COST MAY OUTWEIGH OR THE BENEFITS MAY OUTWEIGH THE COST. RIGHT. YOU'RE LOOKING AT THIS COMPREHENSIVELY. WHAT'S THE DIRECTION OF THE CITY? WHAT'S POSSIBLE FOR THE CITY? WHERE DOES REDEVELOPMENT NEED TO HAPPEN IF IF AT ALL? USUALLY THE CITY REALLY CAN'T CONTROL THAT. THAT'S JUST ECONOMICS, RIGHT? SO THESE ARE THE FACTORS THAT THEY'RE CONSIDERING WHEN THEY'RE DEVELOPING THAT COMPREHENSIVE PLAN, ONCE THAT PLAN HAS BEEN SET. RIGHT. THAT'S WHAT YOU'RE FOLLOWING. YOU'RE NOT REDOING THE COMPREHENSIVE PLAN EVERY TIME. YOU KNOW, IF STAFF SAYS, OKAY, THIS, YOU KNOW, COMPLIES WITH THE COMPREHENSIVE PLAN, THIS IS IN LINE WITH IT. THAT'S WHAT YOU NEED TO KNOW. WE DON'T NEED TO GO IN THE SPECIFICS EVERY TIME WE HAVE A ZONING CASE. OH, THIS LITTLE PIECE OF THE COMPREHENSIVE PLAN COMPLY WITH THE OTHER PIECE. LIKE IT DOESN'T COMPLY WITH THE COMPREHENSIVE PLAN WHEN ALL THAT'S BEEN SAID AND DONE. ALL THAT'S BEING ADOPTED, THE PUBLIC HEARINGS ARE GOING BACK AND FORTH. TWEAKS ARE BEING MADE TO THAT COMPREHENSIVE PLAN THROUGHOUT THAT WHOLE PROCESS, THROUGHOUT THE LITTLE PUBLIC MEETINGS AND WORK SESSIONS THAT THE COMPREHENSIVE PLAN GOES THROUGH. THAT'S WHEN ALL THAT'S BEING TAKEN INTO CONSIDERATION TO DEVELOP ONE PLAN, RIGHT? ONE THOROUGHFARE PLAN. WHAT IS THE CITY'S NEEDS? WHERE DO WE SEE THE CITY GROWING? WHERE DO WE SEE IT REDEVELOPING? WHERE ARE THE POPULATION INCREASES HAPPENING OR DECREASES HAPPENING? SO ALL THAT'S KIND OF BEING DECIDED BY THE ANALYSIS AND THE STUDIES THAT ARE HAPPENING WHEN THAT COMPREHENSIVE PLAN IS DEVELOPED, IF SOMETHING COMPLIES WITH THE COMPREHENSIVE PLAN, THAT'S WHAT YOU NEED TO KNOW. RIGHT. WE'RE NOT REDOING THE COMPREHENSIVE PLAN EVERY TIME WE'RE ZONING. IN FACT, THAT'S WHAT WE'RE NOT SUPPOSED TO DO. DOES THAT MAKE SENSE? WHERE DO YOU LEAVE OFF? ALL RIGHT. SO THIS IS KIND OF SUPERMAJORITY RIGHT. THIS IS WHAT WE BROUGHT UP EARLIER. SO IF YOU ALL RECOMMEND SOMETHING FOR DENIAL THAT DOESN'T MEAN COUNCIL HAS TO FOLLOW YOU. HOWEVER, IF YOU DO RECOMMEND SOMETHING FOR DENIAL IN ORDER FOR THEM TO REVERSE YOUR DECISION, YOU NEED A SUPERMAJORITY. SUPERMAJORITY IS ALSO TRIGGERED WHEN THE PROTEST MEETS THE THRESHOLD. [00:45:05] AS STATE LAW CURRENTLY STANDS. THAT'S 20% OF THE SUBJECT AREA. AS YOU CAN SEE IN THE LEGISLATIVE UPDATE THAT IS ABOUT TO CHANGE BEING TWEAKED A LITTLE BIT. SO WHEN YOU'RE LOOKING AT ZONING AMENDMENTS, THESE ARE SOME OF THE THINGS THAT YOU SHOULD LOOK AT. YES. QUESTION ON THE LAST SLIDE. FOR CITIZENS PROTESTS, IS THAT BY MAIL OR BY PHONE OR BY EMAIL? IS THERE A PARTICULAR WAY THAT WRITTEN PROTEST. WRITTEN STUDENT PROTESTS. OKAY, SO PHONE CALLS AND JUST LIKE. ALL RIGHT. SO THESE ARE SOME OF THE CRITERIA THAT YOU MAY WANT TO CONSIDER THAT YOU SHOULD CONSIDER WHEN YOU'RE LOOKING AT A ZONING CHANGE. OBVIOUSLY TOUCHED ON THIS. IS IT IN ACCORDANCE WITH THE COMPREHENSIVE PLAN? YOU KNOW, IS IS THAT REZONING APPROPRIATE TO THE IMMEDIATE AREA, THE GENERAL AREA AND THE CITY AS A WHOLE? IS THE PROPOSED CHANGE? DOES IT WORK WITH PROPOSED PLANS FOR SCHOOLS AND PUBLIC OTHER PUBLIC SERVICES? VACANT LAND CURRENTLY CLASSIFIED FOR DEVELOPMENT IN THE CITY OR ELSEWHERE IN THE CITY. HOW AREAS ARE DESIGNATED FOR SIMILAR DEVELOPMENT ARE LIKELY TO BE AFFECTED. IF THIS AMENDMENT IS APPROVED. AND ANY OTHER FACTORS THAT YOU THINK MAY AFFECT PUBLIC HEALTH, SAFETY, MORALS OR GENERAL WELFARE. WELFARE OF THE CITY. WHAT YOU REALLY SHOULDN'T BE INQUIRING INTO WHICH SOMETIMES WE GET INTO THAT BOAT IS, YOU KNOW, OPERATIONAL ASPECTS OF THE BUSINESS. YOU'RE NOT BUSINESS ANALYSTS. YOU'RE NOT THERE TO DECIDE IF THE ECONOMICS WORK. YOU'RE LOOKING AT, YOU KNOW, FACTORS THAT AFFECT THE GENERAL HEALTH, PUBLIC SAFETY, GENERAL WELFARE, WELFARE OF THE CITY. SO WHAT WHAT PRODUCTS ARE BEING OFFERED? WHAT WHAT THEY'RE GOING TO BE SELLING IF THEIR USE COMPLIES WITH THE USE. THEY'RE TRYING TO CHANGE THAT. THAT'S WHAT YOUR CONCERN IS, RIGHT? IS THAT USE. IN COMPLIANCE WITH ALL THOSE OTHER KIND OF CRITERIA THAT WE LOOKED AT. ALL RIGHT. SO USE BY RIGHT LAND USE THAT'S AUTOMATICALLY PERMITTED IN A DISTRICT. SO IF SOMETHING'S ZONED LIGHT INDUSTRIAL RESIDENTIAL, 3000 PEOPLE DON'T NEED TO COME TO YOU FOR PERMISSION TO DO THAT. THEY CAN JUST. THEY CAN BUILD THAT ALREADY, RIGHT? SOMETIMES PEOPLE COME IN HERE LOOKING FOR A DEVIATION. WE LOOK AT A PLANNED DEVELOPMENT FOR A RESIDENTIAL DISTRICT. WELL, EVEN IF THEY DON'T GET THE PLANNED DEVELOPMENT, ASSUMING THEY CAN COMPLY WITH THE OTHER ZONING REGULATIONS, THEY CAN. IF IT'S ALREADY ZONED RESIDENTIAL, 8000, 10,000, WHATEVER, THEY CAN GO AHEAD AND DO THAT. THEY DON'T NEED YOUR PERMISSION. SO ALWAYS KEEP THAT IN THE BACK OF YOUR MIND. WHAT IS THIS ZONED. THIS IS EVEN IN LINE WITH, YOU KNOW, THE CURRENT LAND USE AND JUST KNOW LIKE WELL THEY CAN USE THAT BACK RIGHT. RIGHT. SO SPECIFIC USE PERMIT ALLOWS THE USE IN A DISTRICT UNDER CERTAIN CIRCUMSTANCES. TYPICALLY YOU KNOW WE LOOK AT THE USE CHART. THIS IS WHAT YOU CAN BUILD IN XYZ DISTRICT BY RIGHT. THESE ARE THE THINGS YOU CAN BUILD BY A SPECIAL USE PERMIT. SO THOSE THINGS ARE YOU CAN'T GET A SPECIAL USE PERMIT FOR ANYTHING IN EVERY DISTRICT THAT'S ALSO IN THE USE CHART AND SIGNIFIED SAYING WHAT WHAT CAN I GET WITH JUST THIS IN THIS DISTRICT. SO WHAT IS A PRETTY ROUTINE ONE? OH, LIKE RETAIL RESTAURANT WITH DRIVE THRU. YOU CAN GO AHEAD AND BUILD A RESTAURANT. YOU GOT TO HAVE A SHOP TO BUILD THE DRIVE THRU. BUT JUST BECAUSE YOU CAN DO THAT IN A COMMERCIAL DISTRICT OR RETAIL DISTRICT, YOU CAN'T COME IN AND ASK FOR A SPECIAL USE PERMIT TO DO THAT IN A RESIDENTIAL DISTRICT, BECAUSE THAT'S NOT EVEN A SPECIFIC USE, A PERMITTED USE FOR RESIDENTIAL. AND THEN OBVIOUSLY PLANNED DEVELOPMENTS. THAT'S ESSENTIALLY JUST ZONING CODE WITHIN ZONING CODE, RIGHT? WE NEED DEVIATIONS IN ORDER TO, YOU KNOW, MAKE THIS DEVELOPMENT WORK, OR WE HAVE A SPECIAL PLAN FOR A DEVELOPMENT THAT JUST DOESN'T REALLY MESH WITH HOW ALL THE INTERPLAY WORKS, OF ALL THE DIFFERENT REGULATIONS FOR WHATEVER DISTRICT THAT THEY'RE IN. QUESTION. BEFORE YOU MOVE ON. WE HAD A CASE WHERE AN APPLICANT CAME IN AND EVERYTHING THAT THEY DISCUSSED WITH US RELATIVE TO HOW THEY WERE GOING TO UTILIZE THIS PARTICULAR BUILDING. AND MADE US AWARE OF WAS ONE THING. BUT WHEN THEY WENT TO COUNCIL. IN THEIR PRESENTATION, THEY INCLUDED A DIFFERENT THINGS THAT WERE NOT PRESENTED TO US. SO I'M WONDERING WHAT IS THE ONUS? GO ON. AND THIS IS LIKE A COUPLE OF YEARS AGO OR SO, AND SPECIFICALLY IT WAS A SCHOOL THAT A [00:50:04] TECHNICAL TRADE SCHOOL OR SOMETHING THAT SAID THEY WERE GOING TO ONLY BE TEACHING WELDING SOMETHING, A COUPLE OTHER THINGS. AND THEN BY THE TIME IT GOT TO COUNCIL, THEY WERE TALKING ABOUT A TRUCK DRIVING SCHOOL. AND THAT WAS SOMETHING THAT WE HAD NOT DISCUSSED HERE. BUT I THINK IT WAS A BRIGHT FOR THEM IN THAT SPECIFIC THE RIGHT WAS USED. BUT ALL OF OUR DECISIONS HAD BEEN MADE BASED ON WHAT THE 3 OR 4 THINGS THAT THEY SAID THAT THEY WERE GOING TO DO. AND WE HAD HAD ANOTHER APPLICANT COME IN THAT WANTED SOME TYPE OF TRUCK DRIVING SCHOOL. AND THIS WAS MAYBE THREE YEARS AGO THAT HAD BEEN DENIED. SO IN TRYING TO BE FAIR ACROSS THE BOARD AND MAKING SURE THAT WE'RE OUR ALIGNMENT IS CONSISTENT IN HOW WE TREAT INDIVIDUALS. WHAT IS THE ONUS? WHERE DOES IT LIE? ON WHOSE RESPONSIBILITY DOES IT LIE WITH TO ENSURE, NUMBER ONE, THAT ALL APPLICANTS ARE BEING TREATED THE SAME? AND IF YOU COME TO PLANNING AND ZONING STATING ONE THING THAT THOSE SAME THINGS GO BEFORE COUNCIL AS THEY'VE GONE BEFORE US, WHAT DOES THAT LIE WITH? I'M TRYING TO FIGURE OUT EXACTLY WHAT THE QUESTION IS, BUT IF THEY'VE COME FOR A WELDING SCHOOL AND A DRIVING SCHOOL ARE USUALLY SEPARATED OUT, I THINK INTO SEPARATE USES. PERHAPS THERE IS A CONFUSION ON WHAT WAS INCLUDED IN WHAT USE, AND SO THEY HAD TO COME BACK TO MAKE SURE THEY WEREN'T USING THE PROPERTY FOR A USE THAT WAS NOT PERMITTED UNDER THAT DEFINITION. MAYBE IT WAS A DEFINITION MISUNDERSTANDING. MAYBE. I KNOW SPECIFICALLY, AND I REMEMBER TEXTING THE PLANNING MANAGER HERE AT THE TIME IS AND SAYING THAT USE WAS NOT DISCUSSED WITH US, AND THEY HAD SAID THAT THEY WERE NOT BRINGING THE TRUCK DRIVER SCHOOL, THAT THAT WAS GOING TO STAY IN GRAND PRAIRIE, AND THEY WERE GOING TO UTILIZE DESOTO WAS GOING TO BE DOING THESE SPECIFIC THINGS. BUT THEN WHEN THEY CAME BEFORE COUNCIL, THEY INCLUDED THAT IN THEIR PRESENTATION. YOU KNOW, I CAN'T STAND UP AND SAY THAT'S NOT WHAT WAS PRESENTED, BUT I WAS AWARE AND I WOULD THINK THAT STAFF WOULD BE AWARE. YEAH. AND I WOULD THINK STAFF WOULD BE THE ONES THAT SAY, WELL, HOLD UP, WAIT A MINUTE. SO YOU YOU COULDN'T ADD ANOTHER STEP AT THE COUNCIL STAGE? RIGHT. IF THERE'S TWO STEPS THAT ARE REQUIRED FOR TWO SEPARATE USES. THEY WOULD HAVE TO COME BACK AND GET AN SP FOR THAT ADDITIONAL USE AS WELL. YOU COULDN'T ADD THAT AT THE COUNCIL STAGE. SO I'M NOT SURE EXACTLY. THEY DID NOT ASK FOR AN SP, THEY WERE JUST SAYING THAT THESE ARE THE THINGS THAT WE'RE GOING TO BE DOING HERE. THERE WAS NEVER A REQUEST FOR AN SGP. THEY WERE SAYING THESE ARE THE CLASSES. AND I KNOW WELDING WAS ONE, AND WE WERE TRYING TO UNDERSTAND HOW WELDING WAS GOING TO IMPACT WHAT IT WAS GOING TO LOOK LIKE OUTSIDE, HOW WAS GOING TO IMPACT THE PEOPLE AROUND THEM. MATE. AND THEN THEY SAID THEY WERE NOT GOING TO PARK THE TRUCKS ON THE PROPERTY. AND THOSE WERE THINGS THAT WE WERE CONSIDERING. BUT BY THE TIME IT GOT TO COUNCIL, THEY WERE SAYING THEY WERE GOING TO DO THE TRUCK DRIVING SCHOOL. YEAH. SO PERHAPS THAT SOUNDS LIKE A PLAN DEVELOPMENT. YOU KNOW, ZONING ONLY AFFECTS CERTAIN THINGS, RIGHT? SO WITH EVERY PLANNED DEVELOPMENT, THERE'S A BASE ZONING. IF THOSE THINGS ARE ALLOWED, THEY MAY COME IN HERE AND THEY MAY COME OUT AND SAY, OH, NO, WE WOULD NEVER PUT THIS THERE. BUT IF IT COMPLIES WITH THE ZONING REGULATIONS, THEN THEY CAN DO THAT. THEY MAY NOT COME IN HERE SAYING THAT, BUT ECONOMICS MAY CHANGE, THEIR BUSINESS PLAN MAY CHANGE, AND THEY CAN DO THAT. THAT'S NOT YOUR CONCERN. YOUR CONCERN IS DO THEY COMPLY WITH THE ZONING REGULATIONS OR DO THEY COMPLY WITH THE DEVIATIONS? YEAH. THEY YOU COULD COME IN HERE SAYING ONE THING AND DO SOMETHING ELSE. A LOT OF TIMES THEY SAY, OH NO, I WOULD NEVER DO THAT. BUT AS LONG AS THEY'RE COMPLYING WITH THE ZONING REGULATIONS, THAT'S THAT'S ALL WE HAVE CONTROL OVER WITH THIS CASE. CORRECT ME IF I'M WRONG. THEY ACTUALLY GOT SENT BACK TO US BECAUSE IT WAS TWO SEPARATE THINGS. WE ASKED YOU A LOT OF QUESTIONS THAT THEY THOUGHT BECAUSE. BUT I THINK THE QUESTION IS THEY TRIED TO EASE IT IN THERE. AND THEN THE COUNCIL SAID, WELL, NO, Y'ALL WOULD HAVE TO GO BACK TO THE US COMMISSION. IT WAS COURT THEN, SO IT WAS REMANDED BACK DOWN. IT WAS REMANDED BACK TO US, AND THAT'S HOW WE WERE ABLE TO BREAK IT DOWN. LIKE Y'ALL DIDN'T SAY THIS AND THIS AND THIS OUT. AND THAT'S WHERE WE FOUND OUT THEY WERE GOING TO DO THIS IN GRAND PRAIRIE. AND WE ALL WERE ASKING, THAT IS WHAT I WAS THINKING OF. SO I THINK MAYBE THERE WAS A MISUNDERSTANDING ON SOME DEFINITIONS, BUT STAFF DID NOT STOP THEM. I RECALLED THE MEETING. IT WAS IT WAS COUNSEL SAYING, ISN'T THIS SUPPOSED TO GO BACK? BUT I THINK THE QUESTION IS WHO IS THERE? IS THERE ANY SYSTEM OR PROCESS PUT IN PLACE TO ENSURE THAT WHATEVER, [00:55:07] BECAUSE I'M SURE THEY HAVE TO GIVE SOMEBODY THEIR WHATEVER THEY'RE GOING TO THERE. I WOULD SUSPECT, YOU KNOW, WHATEVER THEY'RE SAYING, I WOULD REFER THAT QUESTION TO STAFF. I, I'M NOT INVOLVED IN THOSE TYPE OF MEETINGS. I'M SO I DON'T KNOW. I GOT YOU. IS THERE. IS THERE ANY DIFFERENCE? ANY PROCESS PUT IN PLACE TO WHAT THEY SUBMIT TO US VERSUS COUNCIL? YES. SO THERE IS A FORMAL APPLICATION PROCESS. AND SO ANYTHING PRESENTED TO THE COMMISSION AND. YEAH, ANYTHING CONSIDERED BY THE COMMISSION, THERE SHOULDN'T BE ANY LIKE DEVIATIONS WHEN IT GETS TO COUNCIL BECAUSE YEAH, THAT WOULD BE A CHANGE THAT YOU ALL HAD NOT CONSIDERED. SO. YEAH. AND A LOT OF TIMES TO THIS A LOT THIS CAN KIND OF HELP WITH THAT. IN MANY CITIES. RIGHT. THE COMMISSION IS PRESENTED WITH A DRAFT ORDINANCE AND IT'S VERY CLEAR TO EVERY PARTY WHAT IS ACTUALLY HAPPENING. SO THAT COULD HELP THAT. AND I THINK MAYBE THAT'S. SO THAT COULD HELP THAT. THAT MAY NOT HAVE BEEN THE ISSUE HERE, BUT IT SOUNDS LIKE THAT WAS AND I REMEMBER I THINK I CAUGHT THAT AT THIS MEETING MAYBE. AND THEN YEAH, I THINK YEAH, I THINK THAT WAS KIND OF CAUGHT. BY ME AT THIS MEETING. YEAH. SO I THINK IT AUTOMATICALLY. YEAH. I THINK THEY ENDED UP AT THIS MEETING SAYING, OH NO, WE DON'T NEED THAT. AND THEY MUST HAVE CHANGED THEIR MIND AND AT THE MEETING AND GOT IT REMANDED. ALL RIGHT. JUST REAL QUICK LEGISLATIVE UPDATE. THERE WAS MORE BILLS THAN THE TWO I'M GOING TO PRESENT TO YOU THAT AFFECT LAND USE. MOST OF THEM AREN'T GOING TO AFFECT Y'ALL'S OPERATIONS JUST BECAUSE MOST OF THEM APPLY TO BIGGER CITIES AND OR THINGS THAT ARE NOT WITHIN THE PURVIEW OF PLANNING AND ZONING. SO THE BIGGEST ONE, THOUGH, FOR Y'ALL, WHICH REALLY YOU'RE NOT GOING TO HAVE TO DEAL WITH, BUT IT'S GOOD FOR YOU TO BE AWARE OF BECAUSE IT IS A CHANGE IN THE NORM. IT DEALS WITH ZONING AMENDMENTS IN THE PROTEST. RIGHT? IN THE PAST. RIGHT. THERE'S THIS. THE PROTEST LAW IS VERY OLD. I THINK IT WAS LIKE PASSED IN LIKE 1920 AND HASN'T REALLY BEEN CHANGED SINCE. IF THERE WAS AS AS IT IS NOW, IF THERE'S 20% OF PROPERTY OWNERS WITHIN 200FT OF A PROPOSED ZONING CHANGE, IF THEY SUBMIT A YOU KNOW, A WRITTEN PROTEST THAT TRIGGERS THE SUPERMAJORITY, THE THREE FOURTHS OF COUNCIL IN ORDER TO APPROVE THAT ZONING CHANGE RATHER THAN JUST A SIMPLE MAJORITY FOR IF THERE WASN'T ANY PROTEST. SO WHAT HB 24 DID, WAS IT ADJUSTED THAT IT'S TRYING TO MAKE NECESSARY REZONING A LITTLE EASIER, I THINK. I BELIEVE THIS BILL WAS KIND OF BROUGHT ABOUT TO AFFECT SOME HOUSING ISSUES. THERE'S NOT ENOUGH HOUSING, I WOULD THINK. I THINK I BELIEVE THIS BILL IS TRYING TO MAKE IT A LITTLE EASIER TO GET MORE HOUSING. SO UNDER THIS NEW LAW. RIGHT. IT STILL KEEPS A FEW OF THE SAME THINGS. HOWEVER, WHAT WE'VE ADDED HERE IS THE NEW PART. THE MATERIAL PART HERE IS LETTER C, AT LEAST 60% OF THE AREA OF THE LOTS OR LAND IMMEDIATELY ADJOINING THE AREA COVERED BY THE PROPOSED ZONING CHANGE AND EXTENDING THE 200FT FROM THAT AREA. SO SAME KIND OF QUALIFICATIONS FOR THE 20%. BUT IT'S SAYING YOU NEED 60% IF THE ZONING CHANGE ALLOWS MORE RESIDENTIAL DEVELOPMENT THAN IS CURRENTLY ALLOWED. SO IT'S ESSENTIALLY SAYING YOU'VE GOT TO HAVE A HIGHER PROTEST NUMBER TO TRIGGER A THREE FOURTHS MAJORITY IF YOU'RE TRYING TO GET MORE HOUSES IN THERE. RIGHT? IF YOU'RE TRYING TO SAY, OH, NO, THIS IS THE R, I CAN'T REMEMBER, ALL OF THIS IS OUR 20,000, RIGHT. AND YOU'RE COMING IN HERE TO REZONE IT TO R 8000 TO HAVE SMALLER HOUSES, A LITTLE MORE DENSE HOUSES. NOW YOU'VE GOT TO HAVE 60% PROTEST AND OR DO THAT BECAUSE THE REZONING IS PROPOSING MORE HOUSING. SO THIS BILL IS THERE TO HELP IN THE ABILITY TO GET MORE HOMES FOR PEOPLE. RIGHT. SO IT'S MAKING THAT HARDER TO STOP MORE DENSE RESIDENTIAL DEVELOPMENT. SO THAT'S REALLY THE BULK OF WHAT THIS IS. THE REST OF THIS IS JUST KIND OF SOME SEMANTICS. FOR THE REST OF IT GIVES YOU, YOU KNOW, HOW DO YOU HOW DO YOU COMPUTE THE PERCENTAGE OF LAND THAT'S GOING TO TRIGGER THAT. I'M NOT GOING TO GET IN ALL THE SPECIFICS BECAUSE THAT'S REALLY NEVER GOING TO COME TO YOU. IT'S ALL GOING TO KIND OF BE FIGURED OUT BY STAFF BEFORE THAT GETS HERE. SO IF [01:00:03] HOWEVER, IF THAT SUPERMAJORITY IS TRIGGERED, IF YOU LOOK AT THE SECOND MAJOR BULLET POINT, RIGHT. THE FOR THAT PROPOSED, THE PROPOSED CHANGE MUST TAKE EFFECT. YOU NEED THE AFFIRMATIVE VOTE OF THREE FOURTHS OF ALL MEMBERS FOR JUST THE 20%. SO IF THERE'S A 20% PROTEST, YOU STILL NEED THE THREE FOURTHS. HOWEVER, YOU ONLY NEED A SIMPLE MAJORITY IF THERE'S THE 60% PROTEST. SO JUST TRYING TO MAKE THAT REASONING EASIER TO GET IF YOU'RE ALLOWING MORE DENSE RESIDENTIAL DEVELOPMENT. A FEW LITTLE NOTICE CHANGES. THE CITY NOW, IF THEY HAVE A WEBSITE, THEY'VE ALSO GOT TO POST THAT NOTICE ON THE WEBSITE AS WELL. IN ADDITION TO THE NEWSPAPERS, THAT SAME NEWSPAPER NOTIFICATION SHOULD BE ON THE CITY'S WEBSITE. AND AGAIN, I DIDN'T MENTION THIS, BUT IT'S NOTED HERE. THIS ISN'T IN EFFECT TODAY. IT STARTS IN SEPTEMBER. AND THEN SOME SIGN STUFF WHICH YOU ALL NEVER HAVE TO DEAL WITH AS WELL. LAST LITTLE THING. THIS ONE IS EFFECTIVE IMMEDIATELY. THIS DEALS WITH ELECTRONIC NOTICE FOR ZONING CHANGES. RIGHT NOW YOU KNOW, EVERYONE HAS TO GET A PAPER NOTICE MAILED TO THEIR HOUSE IF THEY'RE WITHIN THE DISTANCE. YOU CAN OPT IN FOR ELECTRONIC NOTIFICATION. SO THAT RECIPIENT HAS TO ELECT TO RECEIVE THE NOTICE ELECTRONICALLY. AND THE CITY'S GOT TO ESTABLISH AN ONLINE PORTAL ON THEIR WEBSITE IN ORDER FOR THEM TO ELECT TO RECEIVE THAT NOTICE ELECTRONICALLY. THE OTHER PART OF THIS IS THEY HAVE GOT TO ACKNOWLEDGE RECEIPT IN ORDER FOR THAT ELECTRONIC NOTICE TO COUNT. SO TAKE THAT TAKE WITH THAT WHAT YOU WILL. YOU SAID EFFECTIVE IMMEDIATELY. THAT WAS EFFECTIVE. IS OUR CITY WEBSITE LIKE ARE WE DOING THIS. WE'LL HAVE TO ASK STAFF. I'M NOT AWARE. OKAY. SO WE CAN GET BACK TO THAT LATER. SO UNLESS THERE'S ANYTHING ELSE. GO AHEAD, MISS COLTON. OKAY. THANK YOU. CHAIRMAN, I WAS GOING TO SAY THAT'S SOMETHING THAT WE WILL HAVE TO DO. I MEAN, IT'S NOT. YEAH. WE WILL HAVE TO EFFECT THAT CHANGE. YEAH, THAT'S WHAT I FIGURED. SO UNLESS THERE'S ANYTHING ELSE. THAT'S ALL I GOT. COMMISSIONERS, ANY OTHER QUESTIONS? THANK YOU VERY MUCH, MR. CALEB. OF COURSE. ALL RIGHT. COMMISSIONERS, DOES ANYONE NEED. CAN I GO STRAIGHT INTO THE REGULAR MEETING? ALL RIGHT. THANK YOU. WOULD YOU ALL PLEASE STAND? [B. PLEDGE OF ALLEGIANCE] THE PLEDGE OF ALLEGIANCE THIS EVENING WILL BE LED BY COMMISSIONER LARA. UNITED STATES. FOR THE SAKE OF THE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. YOU MAY BE SEATED. THANK YOU VERY MUCH. THE TIME IS NOW 703, AND THE REGULAR SCHEDULE MEETING OF THE DESOTO PLANNING AND ZONING COMMISSION IS CALLED TO [C. REGULAR SESSION - CALL TO ORDER] ORDER. FIRST STAFF. BEFORE WE MOVE, THE AGENDA IS NOT FLOWING LIKE IT TYPICALLY DOES. DO YOU WANT ME TO FOLLOW THE AGENDA AS IT'S WRITTEN? OR WOULD YOU LIKE FOR ME TO DO IT THE WAY IT SHOULD BE DONE? YES, SIR. PLEASE USE YOUR DISCRETION. ALL RIGHT. THANK YOU VERY MUCH. AT THIS TIME, WE'LL GO TO. [1. (Case #PP-341-22) Request to consider making a recommendation to the City Council for the Preliminary Plat of Medlock Addition No. 1, creating five (5) residential and two (2) non-residential lots. The property is legally described as being Tract 11 in the William A Forgy Survey, Abstract No. 464 PG 590 (1110 S. Westmoreland Rd). The applicant is Pann Sribhen of PSA Engineering and the owner is Kenneth R. Medlock of Townview Realtors. ] AT THIS TIME, WE'LL GO TO THE CONSENT AGENDA. THE CONSENT AGENDA ITEMS ARE LISTED UNDER D, UNDER THE CITIZENS APPEARANCE. IT'S ONE AND TWO. THEY ARE AS FOLLOWS. SORRY TO INTERRUPT. I'M GOING TO SUGGEST THE WAY THIS IS LISTED TO APPROVE EACH ONE OF THE SUPPOSED CONSENT AGENDA ITEMS AS SEPARATE ITEMS. YES. OKAY. WE'LL DO. PARDON? OKAY. ALL RIGHT. THANK YOU. ATTORNEY. AND WE WILL HANDLE EACH ONE OF THESE INDIVIDUALLY THIS EVENING. THE FIRST ONE IS FOR CASE NUMBER 34122. REQUEST TO CONSIDER MAKING A RECOMMENDATION TO THE CITY COUNCIL FOR THE PRELIMINARY PLAT OF MEADOWLARK ADDITION NUMBER ONE, CREATING FIVE RESIDENTIAL AND TWO NONRESIDENTIAL LOTS. THE PROPERTY IS LEGALLY DESCRIBED AS BEING TRACT 11, IN THE WILLIAM A FOGGY SURVEY, ABSTRACT NUMBER FOUR SIX FOR PAGE 590, ALSO KNOWN AS 1110 SOUTHWEST MORELAND ROAD. THE APPLICANT IS PEN STRIVING, A PSA ENGINEERING, AND THE OWNER IS KENNETH R MEDLOCK OF TOWN VIEW REALTORS. [01:05:01] MISS COLTON, DOES THIS PLAT MEET ALL THE NECESSARY ITEMS THAT IT MUST MEET? YES, SIR. ALL RIGHT. SEEING THAT IT DOES, I WILL ENTERTAIN A MOTION AT THIS TIME FOR APPROVAL AND ACCEPTANCE. I MOTION TO APPROVE. CASE PP34122. AS IS SECOND. IT HAS BEEN MOVED BY COMMISSIONER GRAHAM TO APPROVE CASE NUMBER 34122 AND SECOND BY BRIAN LARA. ARE YOU READY FOR THE QUESTION? ALL RIGHT. ALL IN FAVOR, SAY AYE. OPPOSES THE SAME SIGN. THE AYES HAVE IT AND IT MOVES UNANIMOUSLY. SECONDLY, WE'RE GOING TO GO TO THE APPROVAL OF THE MINUTES WOULD BE OUR SECOND ITEM. [2. Approval of Minutes] COMMISSIONERS HAVING RECEIVED THE MINUTES ELECTRONICALLY. DOES THERE ANYONE HAVE ANY NECESSARY CORRECTIONS FOR THE MINUTES? ALL RIGHT. I DO HAVE ONE UNDER THE MINUTES. IF YOU WOULD LOOK UNDER THE PUBLIC HEARING THAT WE HAD LAST TIME. CASE NUMBER Z153825, IT STATES IN THE MEETING THAT WE OPEN THAT PUBLIC HEARING AND WE WERE TABLING IT INTO THIS MEETING. IT IS STATED JULY THE 15TH, BUT IT SHOULD BE CHANGED TO JULY THE 22ND. ALL RIGHT. YOU HAVE THAT, MR. CAROL. GOOD. YES, SIR. ALL RIGHT THEN, AT THIS TIME, ARE THERE ANY OTHER NECESSARY CORRECTIONS? ALL RIGHT. AT THIS TIME, I'LL TAKE A MOTION TO APPROVE THE MINUTES WITH THAT CHANGE. MOVE APPROVAL. I SECOND, IT'S BEEN MOVED BY VICE CHAIR AND SECOND BY COMMISSIONER GRAHAM TO ACCEPT THE MEETINGS WITH THE CORRECTION OF THE DATE FOR THE PUBLIC HEARING THAT WOULD BE MOVED THAT DAY WOULD BE CHANGED TO JULY 22ND. ALL IN FAVOR, SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. THE AYES HAVE IT. WITH THAT IN MIND MISS COLTON I CAUGHT THIS AS I WAS JUST REVIEWING THE MINUTE AGAIN. IN THE MINUTES, IT STATES THAT THAT PARTICULAR PUBLIC HEARING WAS TABLED TO JULY THE 22ND. BUT THAT PUBLIC HEARING IS NOT ON OUR AGENDA THIS EVENING. SO I'M GOING TO ASK THE ATTORNEY, SINCE IT WAS TABLED TO THE 22ND. BUT WE DON'T HAVE IT ON THE AGENDA THIS EVENING. HOW DO WE HANDLE THAT? DO ANY OF YOU RECALL IF THAT'S ACTUALLY WHAT THE MOTION WAS, OR IF THAT'S JUST AN ERROR IN THE MINUTES? THAT'S THE MOTION. LET ME READ IT. AND IT WAS. THE MOTION WAS MADE BY MR. DEWBERRY A MOTION. MOTION BY COMMISSIONER DEWBERRY WITH SECOND BY VICE CHAIR TONYA. BROOKS TO TABLE THE PUBLIC HEARING UNTIL THE NEXT PLANNING AND ZONING MEETING ON. AND I WENT BACK AND LOOKED AT REVIEWED THE VIDEO AND IT WAS JULY THE 22ND. NOT THE 20, NOT THE 15TH. AND THE VOTE WAS 5 TO 0 TO TABLE THAT UNTIL TODAY'S MEETING. I WOULD THINK IT WOULD NEED TO BE ADVERTISED FOR WHATEVER DAY IT'S GOING TO LAND ON AGAIN, UNLESS THE ITEM THE APPLICANT WAS WITHDRAWN, WHICH MAYBE THAT WAS THE CASE, I DON'T KNOW. YEAH. SO WE HAVE. THE INFORMATION IS STILL INCOMPLETE. SO THAT'S THE REASON WHY IT WAS NOT BROUGHT BEFORE YOU ALL TONIGHT. SO YEAH, IT WOULD HAVE HAD TO BEEN PUT ON THE AGENDA AND CONTINUED AGAIN. SO I WOULD THINK IT WOULD NEED TO BE RE ADVERTISED AS A NEW PUBLIC HEARING. OKAY. SO WOULD DIE BECAUSE WE'RE NOT ON TODAY AND THEN WE JUST START OVER. I WOULD THINK SO BECAUSE WE MOVED IT TO A DATE CERTAIN. AND IT DIDN'T HAPPEN TODAY. SO YEAH, I, I WOULD THINK IT WOULD, I WOULD SAY IT WOULD HAVE TO BE RE ADVERTISED AS A NEW PUBLIC HEARING OR CONTINUATION AT THIS POINT. ALL RIGHT. THANK YOU VERY MUCH. ATTORNEY. AT THIS TIME WE'LL GO TO ITEM D CITIZEN'S APPEARANCES. [D. CITIZEN APPEARANCES The Planning and Zoning Commission invites citizens to address the Commissioners on any topic not already scheduled for Public Hearing. Citizens wishing to speak should complete a "Citizen Comment Card" and return it to the table prior to the meeting. In accordance with the Texas Open Meetings Act, the Planning and Zoning Commission cannot take action on items not listed on the agenda. However, your concerns may be addressed by City Staff, placed on a future agenda, or responded to by some other course. Anyone desiring to speak on an item scheduled for a Public Hearing is requested to hold their comments until the Public Hearing on that item.] THE PLANNING AND ZONING COMMISSION INVITES CITIZENS TO ADDRESS THE COMMISSIONERS ON ANY TOPIC NOT ALREADY SCHEDULED FOR PUBLIC HEARING. CITIZENS WISHES TO SPEAK, SHOULD COMPLETE A CITIZEN COMMENT CARD AND RETURN IT TO THE TABLE PRIOR TO THE MEETING. IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT. THE PLANNING AND ZONING COMMISSIONER CANNOT TAKE ACTION ON ITEMS NOT LISTED ON THE AGENDA. HOWEVER, YOUR CONCERNS MAY BE ADDRESSED BY CITY STAFF PLACED ON THEIR FUTURE AGENDA ARE RESPONDED TO BY SOME OTHER COURSE. ANYONE DESIRING TO SPEAK ON AN ITEM SCHEDULED FOR A PUBLIC HEARING IS REQUESTED TO HOLD THEIR COMMENT UNTIL THE PUBLIC HEARING ON THAT ITEM. [01:10:06] MR.. CAROL, DO WE HAVE ANY CARDS THIS EVENING FOR. NO, SIR. WE HAVE NO CAUSE FOR CITIZEN'S APPEARANCE. ALL RIGHT. THANK YOU VERY MUCH. WE'LL TALK ABOUT SOMETHING TOGETHER. YES. YOU DO. HOW MANY PEOPLE DO WE HAVE IN THE AUDIENCE THAT ARE WISHING TO SPEAK? I HAVE SOME QUESTIONS ABOUT SOME OF THOSE IDEAS THAT I GOT ONE OF THESE LETTERS ABOUT MAYBE LOSING MY PROPERTY, AND I DIDN'T KNOW ANYTHING ABOUT THAT. I MEAN, AND. WE'RE VERY HAPPY THAT YOU CAME THIS EVENING. AND I WANT TO ALLOW YOU THAT OPPORTUNITY TO SPEAK TO THIS COMMISSION, IF YOU WOULD, PLEASE, MISTER CAROL, COULD YOU GET HIM A CARD SO THAT HE CAN FILL THAT OUT. AND, MR. CHAIRMAN, IF I MAY. THE OTHER ITEM FOR HAMPTON ROAD WAS NOT CORRECTLY ADVERTISED, SO IT DOES NOT COMPLY WITH THE LAW. SO WE WILL NOT BE OPENING THE PUBLIC HEARING FOR HAMPTON ROAD WHEN WE GET THERE. HE'S OBVIOUSLY MORE THAN WELCOME TO TALK IN THE CITIZEN APPEARANCE SECTION, BUT WE WILL NOT BE HAVING A PUBLIC HEARING ON HAMPTON ROAD. THE ITEM SHOULD BE TABLED. OKAY. SO WE WILL NOT. JUST WANT TO MAKE SURE WE WILL NOT OPEN THAT UP AT ALL. THEY WILL DO THE MAILINGS AND THEN IT WILL COME BACK AS A NEW ITEM. OKAY. THANK YOU VERY MUCH. SO ARE YOU RECOMMENDING THAT WE ALLOW HIM TO SPEAK DURING CITIZEN COMMENTS? IF HE STILL WANTS TO SPEAK, THEN HE CAN SPEAK AT CITIZEN COMMENTS, BUT JUST WON'T BE A DISCUSSION BECAUSE THAT ITEM WAS NOT ADVERTISED CORRECTLY. SO BE LIKE A GENERAL CITIZEN APPEARANCE. SO IF THERE'S ANYONE ELSE THAT IS IN ATTENDANCE THAT WISH TO SPEAK ON THE HAMPTON ROAD CHARACTER CODE, WHICH WILL BE RESCHEDULED TO COMING ON AUGUST, YOU MAY DO SO. BUT PLEASE, IF YOU WOULD GET A CITIZENS COMMENT CARD AND FILL IT OUT AND WE WISH TO HEAR FROM YOU THIS EVENING. WE'LL TAKE ARE YOU READY, SIR? YES. SIR. JUST HOLD A SECOND. OKAY, MR. TAYLOR, IF YOU WOULD STATE YOUR NAME AND YOUR CITY OF RESIDENCE FOR THE RECORD. AND VICE CHAIR, HE'LL HAVE THREE MINUTES TO SPEAK. JUST ONE SECOND, SIR. WOULD YOU SAY 33? ALL RIGHT. THANK YOU. MY NAME IS ADAM KEITH TAYLOR. I LIVE AT 2:00. SORRY. MY NAME IS ADAM KEITH TAYLOR. I LIVE AT 215 SOUTH DILLON, JUST DOWN THERE SOUTH OF BELTLINE. AND I GOT THIS LETTER THAT WAS LIKE, YOU MIGHT BE LOSING YOUR HOUSE. AND SO I STARTED LOOKING INTO THAT BECAUSE THAT WAS CONFUSING, AND I WAS CONCERNED. WE FOUND THE MASTER PLAN UP HERE ONLINE. AND WHAT WE CAN TELL IS THAT THEY'RE LOOKING AT PUTTING IT IN AN URBAN CENTER. RIGHT DOWN THERE. IS THAT CORRECT? AM I READING THAT RIGHT? I'M LOOKING AT A LOT OF MAPS DOWN THERE, AND THERE'S A LOT TRYING TO GO THROUGH THE MASTER PLAN, AND I'M NOT A LAWYER OR ANYTHING LIKE THAT. SO I'M JUST TRYING TO FIGURE OUT IS THIS. IT'S LIKE THEY'RE LOOKING AT CHANGING THAT AREA SOUTH OF LONDON INTO A CENTER OF SOME SORT, AND CHANGING OUT ALL THOSE HOUSES INTO INTO NONRESIDENTIAL ZONES. IS THAT CORRECT? YES, THAT IS CORRECT. THAT MEETING WILL BE COMING UP IN AUGUST. I WILL TELL YOU THAT OUR STAFF IS AVAILABLE TO YOU TO ANSWER YOUR SPECIFIC QUESTIONS PRIOR TO THAT MEETING, AND THEN YOU'RE MORE THAN WELCOME. AND WE WOULD LIKE FOR YOU TO COME BACK AT THE TIME THAT WE WILL HAVE THAT PUBLIC HEARING SO THAT YOU CAN EXPRESS WHETHER YOU'RE IN FAVOR OR OPPOSED TO THAT SPECIFIC REZONING. OKAY. YOU SAID YOUR STAFF WOULD BE AVAILABLE. THAT WOULD BE HERE. THEY NEED TO TALK TO. HOW DO I. I DON'T KNOW WHAT TO DO. SO I SHOULD BE HERE TO GET IN CONTACT WITH THE CITY. SO I'M JACKIE COLTON. I'M THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES. SO YOU CAN GIVE ME A CALL, AND ACTUALLY, I'LL PUT YOU IN CONTACT WITH OUR PLANNING MANAGER, MISS CAMBRIA JORDAN. AND THEN WE'D BE MORE THAN HAPPY TO SIT WITH YOU AND DISCUSS THE LETTER, [01:15:01] AND YOU KNOW, THE PROPOSED ZONING. OKAY. AND SO I CAN JUST CONTACT YOU HERE, AND THEN WE CAN DO WHAT? I JUST. I'M NOT AT THE RIGHT LOCATION FOR WHAT I NEED. YES. YES. YOU ARE. OKAY. I JUST WANT TO MAKE SURE. ALL RIGHT. OKAY. WELL. THANK YOU. I'M SORRY. THANK YOU. MISTER. MISTER TAYLOR, THANK YOU SO MUCH FOR COMING THIS EVENING. AND PLEASE FOLLOW UP WITH OUR STAFF, AND THEY'LL HELP YOU TO MAKE SURE THAT YOU UNDERSTAND WHAT'S GOING ON. OKAY. THANK YOU VERY MUCH. I'LL BE ANOTHER ONE OF THESE IN AUGUST. OKAY. OKAY. OKAY. THANK YOU. ALL RIGHT. I DO HAVE ANOTHER ROY AND PATTY MCALLISTER. LESTER. MCALESTER. OKAY. THEY DO NOT WISH TO SPEAK TO THE COMMISSION, BUT THEY WILL ALSO HEAR REGARDING THE HAMPTON ROAD PROJECT, IT APPEARS. AND THEN WE ALSO HAVE CANDACE BAUMANN. AND I BELIEVE SHE LEFT. ALL RIGHT. AND SHE WAS HERE ALSO TO SPEAK ON THE REZONING OF THE HAMPTON ROAD CHARACTER CODE. AND THOSE ARE ALL OF THE CARS THAT I HAVE ANY OTHER PERSON IN THE AUDIENCE THAT WISH TO SPEAK. ALL RIGHT. THANK YOU. SO ITEM WE'RE GOING TO MOVE ON TO ITEM E CITY COUNCIL [E. CITY COUNCIL UPDATES] UPDATES. WOULD THAT BE COMING FROM STAFF OR THE LIAISON. THERE ARE NONE. ALL RIGHT. THANK YOU VERY MUCH. WE'RE MOVING ON TO THE REGULAR AGENDA. IF YOU'LL NOTICE THAT WE HAVE ITEM G AND H, THESE ARE ACTUALLY THE SAME ITEMS. [1. Review and Discussion of Non-Conforming Uses and Structures Regulations in preparation for the August 20, 2025, Joint Meeting of the Boards and Commissions. ] [H. JOINT BOARD MEETING PREPARATION Discussion and Consideration of Planning and Zoning Commission Project Priorities] WE'RE TO REVIEW AND DISCUSS THE DISCUSSION OF THE NONCONFORMING USES AND STRUCTURES REGULATION IN PREPARATION FOR THE AUGUST 20TH, 2025 JOINT MEETING OF THE BOARDS AND COMMISSIONS. AT THIS TIME, MISS COLTON WILL BE LEADING US IN THAT DISCUSSION. COMMISSIONERS. DURING THE JOINT COMMISSIONERS, WE'VE BEEN TASKED WITH PICKING ONE SUBJECT THING THAT'S IMPORTANT TO OUR COMMISSION TO DISCUSS AT THE JOINT MEETING. WE UNANIMOUSLY AGREED ON THE NONCONFORMING USE. WE WILL BE MAKING A PRESENTATION AT THE JOINT MEETING THERE. AND THIS DISCUSSION IS TO IDENTIFY WHAT INFORMATION WE WANT IN OUR PRESENTATION THAT WILL GO FORTH TO TO THE COUNCIL AND THE OTHER PARTICIPANTS. THANK YOU, MISS COLTON. GOOD EVENING, CHAIRMAN RAVENEL AND MEMBERS OF THE PLANNING AND ZONING COMMISSION. I'M JACKIE COLTON, THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES STANDING IN FOR MISS CAMBRIA JORDAN. AND SO WE'RE HERE TONIGHT TO DISCUSS NONCONFORMING USES AND STRUCTURES. AND WE CAN ALREADY SEE BASED UPON, YOU KNOW, PUBLIC HEARING COMMENTS THAT THIS IS AN AREA OF UTMOST IMPORTANCE TO OUR RESIDENTS. OKAY. SO, YOU KNOW, IN TALKING ABOUT WHAT A NONCONFORMING STATUS IS. BASICALLY, IT'S A USE OR A STRUCTURE THAT WAS IN PLACE BEFORE THE 1979 OR 1997 ZONING ORDINANCE UPDATES, AND IT BECAME NONCONFORMING DUE TO A CHANGE IN THE ZONING. AND IT IS A USE WHERE THERE IS, YOU KNOW, REGULAR AND CONTINUOUS USE OF THE PROPERTY. SO THE INTENT OF THE NONCONFORMING PROVISIONS IS TO RECOGNIZE LAWFUL USES WHICH EXISTED PRIOR TO ZONING CHANGES, AND IT PERMITS CONTINUED USE OF THE PROPERTY UNDER THE NONCONFORMING USE. AND YOU KNOW, THERE ARE CERTAIN RESTRICTIONS ON THE NON-CONFORMING USE. IT CAN'T BE ENLARGED, EXPANDED, AND IT CAN'T BE USED TO JUSTIFY OTHER PROHIBITED USES. SO UNDER THE CURRENT STANDARDS, NONCONFORMING USES CAN CONTINUE. IF CERTAIN THINGS ARE, YOU KNOW TRUE. AND ONE OF THOSE IS THAT THERE HAS BEEN A CONTINUOUS USE [01:20:07] AND THERE HAS NOT BEEN A LAPSE OF SIX MONTHS OR MORE IN THAT USE. AND THEN WE TALKED ABOUT, YOU KNOW, NO EXPANSION. AND LEGALLY PLATTED VACANT LOTS BEFORE THE ORDINANCE CHANGES AS A CONFORMING LOT BECAUSE THERE'S NOTHING THERE. SO WITH NON-CONFORMING USES, CHANGE TO A CONFORMING USE IS ALLOWED. THAT'S WHAT OUR ZONING PROCESS, YOU KNOW, ALLOWS TO OCCUR. BUT ONCE A ZONING, A NON-CONFORMING STRUCTURE OR USE IS CONVERTED TO, YOU KNOW, A THE ZONING IS CHANGED ON IT, THEN IT CANNOT REVERT TO NONCONFORMING EVER, YOU KNOW, AGAIN. AND THEN YOU CAN'T GO FROM A NONCONFORMING USE OR STRUCTURE TO A DIFFERENT NONCONFORMING USE OF STRUCTURE. OF COURSE, YOU KNOW, WHATEVER YOU CHANGE TO WOULD HAVE TO CONFORM TO THE CURRENT ZONING. SO THAT WOULD NOT BE ALLOWED. SO THE CURRENT REGULATIONS CALL OR ALLOW FOR EXPANSION OF NON-CONFORMING USES. IF IF YOU WANTED TO EXPAND BY NO GREATER THAN 10%, THEN THAT WOULD BE ALLOWED WITHOUT HAVING TO CONFORM TO THE CURRENT ZONING REGULATIONS. OKAY, SO THIS IS THE BIG ONE. RESTORATION OF STRUCTURES. SO IF A STRUCTURE IS DAMAGED MORE THAN 60%, THEN IT WOULD HAVE TO BE REBUILT TO THE CURRENT ZONING. BUT, YOU KNOW, OF COURSE, ANYTHING LESS THAN THAT WOULD BE ABLE TO BE REBUILT. AND THAT'S THAT'S THE BIG THING. AND THAT HAS BEEN THE SUBJECT OF DISCUSSIONS OF THE PLANNING AND ZONING COMMISSION. I THINK LAST YEAR, YOU KNOW, YOU ALL HAD LIKE SEVERAL DISCUSSIONS REGARDING THAT BECAUSE THIS ISSUE CAME UP WITH THE HAMPTON ROAD CHARACTER CODE, BECAUSE FOLKS WANTED TO KNOW, WELL, WHAT YOU KNOW WOULD HAPPEN IF MY PROPERTY IS REZONED AND IT BECOMES NONCONFORMING, AND THEN THERE IS A CATASTROPHIC EVENT LIKE A FIRE THAT DESTROYS MY PROPERTY. AND YOU KNOW WHAT? WHAT WOULD HAPPEN IF IF SOMETHING LIKE THAT WOULD I HAVE TO, YOU KNOW, COMPLY WITH THE THE NEW ZONING REGULATIONS AND ACCORDING TO OUR CURRENT STANDARDS, THAT WOULD BE THE CASE. OKAY. SO AS INDICATED. YOU KNOW, WE WE'VE LOOKED AT, YOU KNOW, A LOT OF DIFFERENT SCENARIOS. WE LOOKED AT CHANGING OUR CODE TO ALLOW FOR. REBUILDING OF STRUCTURES IF. YOU KNOW, LET'S SAY THERE IS A CATASTROPHIC EVENT, BUT IF THEY OBTAIN A. BUILDING PERMIT WITHIN ONE YEAR THERE, YOU KNOW, THEY WILL BE ALLOWED TO REBUILD UNDER THE CURRENT REGULATIONS IN PLACE. I MEAN, THAT'S ONE OF THE THINGS. AND WE LOOKED AT EXEMPTING RESIDENTIAL SINGLE FAMILY FROM THESE PROVISIONS. BUT I GUESS, YOU KNOW, THE PROPOSAL TO THE JOINT BOARD OR THE JOINT BOARDS AND COMMISSIONS WOULD BE. TO. IF YOU COULD PROVIDE INFORMATION REGARDING, YOU KNOW, WHAT YOU ALL ARE LOOKING AT. COMMISSIONERS. I'M JUST GOING TO MAKE JUST A LITTLE SUMMARY THING, AND THEN YOU ALL JUST GO WHEREVER YOU WANT TO GO. WE PUT A LOT OF TIME IN THIS ALREADY. YOU ALL DID A SURVEY. YOU BROUGHT IT BACK INFORMATION TO US RELATIVE TO WHAT OTHER CITIES WERE DOING. AND WE ALSO HAD THE ATTORNEY TO DEVELOP I GUESS THE MOTION OR THE ORDINANCE OR WHATEVER IT WAS GOING [01:25:10] TO BE. THIS ONE ACTUALLY HAD ALL THE DRAFT TEXT WE HAD, WE HAD WE HAD COMPLETELY DONE EVERYTHING, AND WE VOTED ON IT TO MOVE FORWARD. THE ONLY REASON THAT IT DIDN'T GO FORWARD IS BECAUSE THEY FOUND OUT THAT THE ZONING BOARD OF ADJUSTMENTS HAD A PROVISION FOR THAT. I DON'T THINK THAT THERE'S MUCH WORK FOR US TO DO, EXCEPT TO GO BACK AND AND PROVIDE THE JOINT BOARD WITH WHEN THIS ORIGINALLY CAME BEFORE US. THE MEETINGS THAT WE HAD, THE SURVEYS THAT WERE DONE. THE LANGUAGE THAT WAS DEVELOPED AND WHAT THE AND WHAT WE HAD VOTED ON AND AGREED UPON TO THEN MOVE ON TO STAFF. I MEAN, TO COUNCIL AS A RECOMMENDATION. AND UNLESS SOMEONE ELSE HAS ANY OTHER INFORMATION THAT THEY THINK NEEDS TO BE INCLUDED IN THAT, I WOULD LIKE TO HEAR FROM YOU AT THIS TIME. MR. CHAIR, IF I RECALL, MR. DEWBERRY MADE AN EXCELLENT POINT ABOUT THE TIME IT TAKES SOMETIMES FOR INSURANCE TO RESPOND AFTER A CATASTROPHIC LOSS. AND THE CONCERN WAS THAT MAYBE THERE WASN'T ENOUGH TIME IN THE PROVISION TO ALLOW A HOMEOWNER OR PROPERTY OWNER TO GO THROUGH THAT PROCESS. I DON'T. WHAT I WOULD ASK IS THAT THE ZONING BOARD OF ADJUSTMENTS PROVISION BE RESTATED SO THAT WE CAN HAVE THAT FRESH IN OUR MINDS OF WHAT EXACTLY THAT LANGUAGE WAS. OTHER THAN THAT I THINK WE DID COME TO A CONCLUSION AND NOTHING WOULD CHANGE OTHER THAN THE FACT THAT WE MAY HAVE WANTED TO ALLOW SOME ADDITIONAL TIME FOR THIS INSURANCE PROCESS. BUT IF, IN FACT, THE ZONING BOARD OF ADJUSTMENTS CAVEAT WOULD ALLOW THAT HOMEOWNER SOME KIND OF RECOMPENSE, THEN THERE WOULD BE NO OTHER ACTION THAT NEEDED TO BE TAKEN. DOES THAT SOUND RIGHT TO YOU, MR. SMITH? IF YOU REMEMBER. I THINK WE HAD THAT DISCUSSION, AND WE WANTED TO HAVE SOME TYPE OF PROVISION THAT THEY COULD COME BEFORE DEVELOPMENT OF SERVICE OR WHOMEVER THEY NEEDED TO SEE TO EXPLAIN WHAT WAS GOING, AS LONG AS THEY KEPT THEM INFORMED AND UP TO DATE, THEN THEY COULD EXTEND IT. AND I THINK IT WAS WHO WOULD BE THE AUTHORITY THAT WOULD GRANT THAT EXTENSION? I THINK THAT WAS A KIND OF A POINT OF DISCUSSION. WHO WAS GOING TO BE THE PERSON? RIGHT. AND IF, IF THE BUT THEN WE FOUND OUT ABOUT THAT ZONING BOARD OF ADJUSTMENTS PROCESS. SO I JUST WANT TO REVISIT IT TO MAKE SURE IF THE ZONING BOARD OF ADJUSTMENT PROCESS DOES COVER THAT EVENTUALITY, THEN NOTHING TO BE DONE. BUT IF IT DOESN'T, THEN MAYBE WE NEED TO COME UP WITH A LANGUAGE TO ADD THAT TIME FOR THAT PROCESS FOR THE INSURANCE. ARE YOU CAPTURING THIS, MR. CARROLL? ALL RIGHT. THANK YOU. I CAN SPEAK TO THAT. SO THERE IS A ZONING BOARD OF ADJUSTMENT PROVISION THAT CAPTURES THAT. BUT THERE IS A FEE, YOU KNOW, APPLICATION FEE. BUT WHAT WE WILL DO IS BRING THAT INFORMATION BACK TO YOU ALL THE YOU KNOW, THE LANGUAGE OF THE PROVISION AND THEN THE LAST DRAFT ORDINANCE. AND IN THAT DRAFT ORDINANCE, WE HAD AGREED, I THINK WE HAD VOTED ON AND COME TO A DECISION THAT WE WOULD ALLOW THEM 100 IF IF IT WERE DISTORTED 100%, THAT THEY WOULD COULD BE ABLE TO REBUILD AND THEY WOULD HAVE A YEAR TO DO THAT. THAT IS MY THAT'S THE RECOLLECTION OF MY MEMORY. IS THAT OKAY? YES, I HAVE IT. AND YOU'RE YOU'RE VIRTUALLY CORRECT. SO CONSTRUCTION HAD TO COMMENCE WITHIN 12 MONTHS. AND WHAT YOU ALL DECIDED? IT HAD TO BE THE SAME NONCONFORMING USE, ESSENTIALLY BUILDING BACK EXACTLY WHAT IT WAS. ESSENTIALLY, YOU HAD TO JUST BUILD IT BACK EXACTLY HOW IT WAS. BUT AS LONG AS YOU COMMENCE WITHIN 12 MONTHS, I THINK THAT'S WHAT WE ADJUST. WHAT Y'ALL ADJUSTED TO ACCOUNT FOR DELAY AND ENTRANCE FUNDS WAS JUST PUSHING IT. RIGHT. AS LONG AS YOU START WITHIN 12 MONTHS, YOU'D HAVE TO COMPLETE WITHIN 12 MONTHS. ALL RIGHT. VICE CHAIR. WELL, THAT WAS MY CONCERN. [01:30:02] AND THAT'S WHAT I RECALL AS WELL, MR. SMITH. SO PAGE EIGHT, IF YOU CAN GO BACK, BECAUSE I DO. THAT WAS ONE OF THE QUESTIONS I WAS GOING TO ASK FOR CLARIFICATION. SLIDE EIGHT. RIGHT THERE. SO THIS SECOND BULLET, BECAUSE I DID NOT RECALL A 60% VALUE. IT WAS A 60% OF THE AREA, NOT NO. THIS IS HOW THE ORDINANCE IS CURRENTLY WRITTEN. THIS IS THE CURRENT ZONING ORDINANCE. THE VALUE OF ITS VALUE OF D CAD. SO IT'S THE PROPERTY VALUE BASED ON D CAD. SO IF IT'S A LOSS MORE THAN 60% OF THE VALUE THEN THEY WOULDN'T BE ABLE TO. SO THIS IS EXISTING LANGUAGE. YES, MA'AM. GOT IT. THANK YOU. SO A LOT OF THIS WORK WAS ACCOMPLISHED BEFORE I CAME ON THE BOARD. SO JUST FOR MY UNDERSTANDING, WE ARE PROPOSING AN UPDATE TO THE ORDINANCE AS WELL, IN ADDITION TO THE PLANNING, SORT OF. WHAT'S THE OTHER BOARD KNOW? THE BOARD THAT WE WERE THE BOARD OF THE BOARD OF ADJUSTMENT. SO THAT WOULD BE A PROCESS AND THEN THIS WOULD BE A BACK UP SORT OF OF THIS WHAT WE'RE THE TEXT AMENDMENT THAT WE'RE SAYING WOULD BE THE FIRST LINE AND I BELIEVE ZONING BOARD OF ADJUSTMENTS RIGHT NOW, THEY'RE KIND OF LIKE THE SECOND LINE THAT YOU COULD GO TO THEM. BUT I THOUGHT MY UNDERSTANDING IS THAT WHAT WE WERE DOING IS WE'RE INCREASING THE VALUE RIGHT NOW THAT THEY CAN GO TO ZONING BOARD OF ADJUSTMENT IF THE VALUE IS OVER, TO TRY TO GET IT APPROVED. AND WE'RE ALSO TAKING INTO CONSIDERATION THE TIME TO START THE BILL SO RESIDENTS WILL HAVE BOTH OPTIONS. OR ESSENTIALLY THEY THIS WOULD BE THEIR FIRST LINE OF DEFENSE. AND THEN IF THEY EXCEEDED WHATEVER IS IN THE UPDATED ORDINANCE, IF ACCEPTED, THEY WILL HAVE THE BOARD OF ADJUSTMENTS. AND THAT'S WHAT WE DID NOT FINALIZE ON. WHO WOULD BE THE NEXT STEP TO GO TO IF THERE WERE, THEY COULD NOT MEET THESE SPECIFIC PARAMETERS START WITHIN THE 12 MONTHS, WE DID NOT DECIDE WHERE THAT AUTHORITY WOULD FALL ON TO GET AN EXTENSION. I THINK IT WAS STATED THAT THE NORMAL ZONING PROCESS COVERED THAT, BECAUSE THEY HAVE TO HAVE SOME KIND OF MOVEMENT ON THE PROPERTY WITHIN THE 3 OR 4 MONTHS, EVERY QUARTER, WHATEVER THE PROCESS IS WITH ZONING. WHEN YOU GO BACK, IF YOU CAN GO BACK A COUPLE OF SLIDES TO I CAN'T REMEMBER WHAT NUMBER, BUT I THINK IT WAS DISCUSSING HOW LONG YOU CAN BE WITHOUT USING THE PROPERTY. SIX MONTHS. CORRECT? YEAH. SIX MONTHS. THIS IS SOMETHING TOTALLY DIFFERENT. YEAH. THIS IS DIFFERENT, RIGHT? SO THIS THIS IS SAYING THAT IF THEY DO NOT DO ANYTHING WITH THE PROPERTY IN THE SIX MONTHS TIME, IT WILL BE CONSIDERED ABANDONED. IS THAT CORRECT? THAT'S HOW THE ORDINANCE CURRENTLY STATES. SO IF YOU STOP. IF YOU STOP A NONCONFORMING USE FOR SIX MONTHS, YOU'VE LOST THAT USE. SO IF THERE'S A RESTAURANT, IT CLOSES FOR SIX MONTHS OR WHATEVER, SIX MONTHS IN A DAY, RIGHT? THEN IT'S IT YOU'VE GOT TO COMPLY WITH. YOU'VE GOT TO BE CONFORMING AT THAT POINT. WHAT HAS BEEN TALKED ABOUT IS CASUALTY LOSS, ESSENTIALLY. SO IF THAT STRUCTURE HAS A CASUALTY LOSS, WHAT PERCENTAGE OF THE VALUE IS A FULL CASUALTY LOSS. CURRENTLY ALSO ORDINANCE HAS 60%. Y'ALL IN THE BACK. WE'RE TRYING BACK A YEAR AGO. WE'RE TRYING TO CHANGE THAT. NOT DEALING WITH A RANGE BUT ESSENTIALLY GIVING THEM MORE FREEDOM TO DO SO UNTIL IT WAS, I GUESS DISCOVERED BY STAFF OR WHATEVER THE ALONG THE LINES WAS THAT THAT DIDN'T REALLY WAS NOT THOSE CHANGES WERE NOT REALLY HARMONIOUS WITH THE CBA PROVISIONS. WE JUST WANT TO MAKE SURE YOU THERE'S A DISTINCTION BETWEEN THE LOSS OR IF YOU JUST QUIT USING IT THE WAY IT'S SUPPOSED TO BE USED, THEN YOU LOSE, THEN IT BECOMES NONCONFORMING. SO IS IT POSSIBLE TO ACTUALLY SEE WHAT THE PURPOSE OF THE ORDINANCE WOULD BE? IS IT NOT UNLESS THEY HAVE IT ON HAND. OKAY. BUT THAT'S WHAT IT WAS PROPOSED. I DON'T I DON'T KNOW WHAT IS HAPPENING AT THIS JOINT MEETING. IF YOU ALL ARE JUST DISCUSSING MAYBE HOW YOU WOULD HAVE TO REDO IT OR NOT, BUT I DON'T THINK STAFF HAS THE OLD ORDINANCE DRAFT UP. I MEAN, THOSE WERE THE THINGS I KIND OF RECITED EARLIER. SO WHAT THE COMMISSION DID PASS BEFORE IT WAS PULLED BY THE CITY WAS IT DIDN'T MATTER HOW MUCH OF THE BUILDING WAS LOST. SO CURRENTLY IF YOU SO IF YOU ONLY HAVE A PARTIAL FIRE. [01:35:06] RIGHT? AS LONG AS THE VALUES NOT DESTROYED ABOVE 60%, THEN YOU CAN CONTINUE THAT NON-CONFORMING USE. WHAT THE COMMISSION DECIDED TO DO WHEN THEY, WHEN THIS FIRST CAME TO Y'ALL WAS PULL OUT THAT VALUE RANGE. AND REGARDLESS OF WHETHER IT'S DESTROYED, BURNED TO THE GROUND, ONLY ASH IS LEFT. YOU COULD YOU COULD STILL GET YOUR OLD NONCONFORMING USE BACK SO LONG AS RECONSTRUCTION STARTED WITHIN 12 MONTHS. IT RESULTED IN THE EXACT SAME USE, AND THE FOOTPRINT WAS EXACTLY THE SAME. YOU ESSENTIALLY HAD TO REBUILD. IT WAS A CLONE, IS WHAT HAD TO HAPPEN. SO THAT WAS WHAT WAS PROPOSED AND INITIALLY RECOMMENDED BY THIS BODY. AND THEN THE APPLICANT CITY PULLED IT BEFORE IT MADE IT TO THE CITY, BECAUSE IT WAS DISCOVERED THAT WAS NOT ESSENTIALLY HARMONIOUS WITH THE ZEBA PROVISIONS. OKAY, I THINK I UNDERSTAND THAT ASPECT, BUT I'M A BIT CONFUSED ON WHAT THE TASK IS NOW. LIKE. WHAT WHAT WHAT ARE WE BEING TASKED WITH AT THIS MOMENT, WITH THIS? THIS TASK COMES AS A RESULT OF THE THE JOINT BOARDS AND COMMISSION MEETING THAT WE HAVE, AND THEY'RE ASKING US TO BRING ONE TOPIC TO DISCUSS THAT WE THINK IS IMPORTANT RELATIVE TO PLANNING AND ZONING. SO THIS IS A DISCUSSION TOPIC TO PRESENT TO TO THE JOINT. ALL RIGHT. ALL RIGHT. THANK YOU. YES, MR. GRAHAM. JUST FOR CLARITY, I FORGOT THE NAME OF IT IS WHEN THEY APPLY FOR SOMETHING LIKE A DRIVE THRU OR SOMETHING. AND WE SAID IT STAYS WITH THE PROPERTY SPECIFIC. YES, YES. SO IF, IF YOU SAID LIKE IF A RESTAURANT BECOMES, YOU KNOW, SIX MONTHS ABANDONED OR WHATEVER OR NON USED AND IT CAN BE DEEMED AS DISCONTINUED OR ABANDONED AND IT WOULD BE HAVE TO CONFORM TO OR TO THE NEW ZONING. BUT JUST TO BE CLEAR, THE SP, THE SUP. THAT IS ONLY IF THAT WHATEVER THE NEW IT STAYS WITH THE PROPERTY. BUT IF IT'S ONLY IF THAT PERSON NEEDS IT, RIGHT? IT DOESN'T HAVE TO BE. YOU NEVER HAVE TO USE AN SUP. OKAY. I A LOT OF. SOMETIMES THAT'S CONDITION IN THEM WHERE IT EXPIRES. IF YOU DON'T SUBMIT LIKE A SITE PLAN OR DON'T START THE USE WITHIN SIX MONTHS, THAT SP WILL EXPIRE AND YOU WOULD HAVE TO COME BACK AND GET IT. BUT YOU NEVER HAVE TO USE AN SP. ANY OTHER QUESTIONS OR COMMENTS? COMMISSIONERS YES. MR. BILL. SO THIS IS WITH REGARD TO THE FORMAT OF THE MEETING. WILL THAT BE ATTENDED BY JUST THE CHAIR AND VICE CHAIR OR OTHER COMMISSIONERS ARE WELCOME. THE ENTIRE COMMISSION WOULD BE WELCOME. OKAY. THANK YOU. SO, MISS COLTON, JUST WANT TO MAKE SURE THAT YOU'RE CLEAR. DO YOU HAVE WHAT YOU NEED FROM US RELATIVE TO PUTTING THAT PRESENTATION TOGETHER? AND PERHAPS WE CAN GO OVER IT AT THE NEXT MEETING BEFORE THAT JOINT MEETING. YOU WOULD BE ABLE TO LET US SEE THE SLIDES. OKAY, SO WE'RE PLANNING ON A SPECIAL MEETING FOR AUGUST 12TH. SO YOU WOULD LIKE FOR US TO BRING THIS BACK TO THAT MEETING. INCLUDING THE ITEMS THAT WE DISCUSSED, THE ZEEBO LANGUAGE, AS WELL AS THE DRAFT. YOU KNOW, WHAT I'M LOOKING FOR IS SPECIFICALLY THE INFORMATION THAT WE WOULD PRESENT AT THE JOINT AT THE JOINT SESSION MEETING. WHICH WOULD BE WE WANT TO TALK ABOUT THE SURVEY, WHAT THE LANGUAGE WAS THAT WE'VE ALREADY AGREED UPON, ETCETERA, AND WHY WE'VE CHOSEN IT. ARE THERE ANY COMMISSIONERS THAT WOULD LIKE TO BE KIND OF A LIAISON TO HER IF SHE HAS QUESTIONS? I'LL VOLUNTEER FOR THAT. BUT I DO WANT TO SAY YES, WE DO WANT YOU TO BRING THAT LANGUAGE FROM THE CBA. BUT WE ALSO WANT THE PRESENTATION OF YOUR FIRST DRAFT OF THE PRESENTATION THAT WE WOULD BE PRESENTING IN THAT MEETING. OKAY. BECAUSE JUST IN CASE WE NEED TO TWEAK IT A LITTLE BIT, WE PROBABLY OUGHT TO BE COGNIZANT OF EVERYTHING WE WENT OVER BEFORE. SO FOR HER SPECIFICALLY, WHAT YOU'RE REQUESTING IS THAT YOU SHE INCLUDE THE PRESENT LANGUAGE RELATIVE TO HOW THE ZONING BOARD OF ADJUSTMENTS HANDLED IT NOW. IS THAT CORRECT? YES. I WANT TO HEAR WHAT THE THE PROCESS IS FOR PEOPLE BASED ON THE ZONING BOARD OF [01:40:03] ADJUSTMENTS RULE THAT THEY HAVE RIGHT NOW, AND MAKE SURE THAT IT IS GOING TO COVER THE EXTENDED TIME THAT WE WANTED TO GRANT THE HOMEOWNERS FOR THEIR INSURANCE PROCESS. MAKE SENSE? YEAH. WELL, SEE, THE THE PRESENT ZONING BOARD OF ADJUSTMENT. AN ADJUSTMENT IS JUST WHAT I'M UNDERSTANDING. YOU CORRECT ME. THEY'RE IN PLACE WHEN THEY CAN'T MEET WHAT WE ALREADY HAVE ON THE ORDINANCE NOW AS THE 60% VALUE. SO IF SOMEBODY SAYS, WELL, IT'S 65%, WILL YOU LET ME. SO THEY GO TO THE ZONING BOARD OF ADJUSTMENTS AND THEY COULD SAY, OKAY, YOU CAN DO THAT. WHAT WE'RE PROPOSING IS WE'RE GOING TO NOW YOU CAN 100% LOSS. YOU CAN STILL REBUILD, BUT YOU HAVE TO DO IT WITHIN THIS TIME FRAME. SO WITH ZONING BOARD OF ADJUSTMENTS, GUESS WHAT I'M UNDERSTANDING. BUT THEN THEY PICK IT UP WHEN IF THEY HAVE AN ISSUE HERE, DO THE WEEK. DO THEY GO TO ZONING BOARD OF ADJUSTMENT? NOW IN CASE INSURANCE SAYS, WELL, WE CAN'T HAVE THIS SETTLED FOR 14 MONTHS, RIGHT? IS THAT WHAT YOU'RE SAYING? EXACTLY. GOTCHA. ALL RIGHT. AND THEY STILL HAVE THE OPTION TO GO TO THAT THAT ROUTE REGARDLESS. OKAY. SO WE'VE GOT YOU SHOULD HAVE COVERED. ALL RIGHT. IS THAT CLEAR AS MUD? ALL RIGHT. MR. CHAIRMAN, CAN I MAKE ONE MORE COMMENT? SORRY. I JUST WANT TO MAKE THIS CLEAR. SO THE CBA IS IS GIVEN CERTAIN AUTHORITY UNDER THE ZONING CODE. YOU KNOW, TYPICALLY THAT'S LIKE VARIANCES, RIGHT? YOU'VE PROBABLY HEARD THAT WORD. THE ZONING CODE IN DESOTO IS ALSO GIVEN THEM THE NONCONFORMING RESPONSIBILITY. SO IF THAT DOESN'T COMPLY WITH THE STANDARD NON-CONFORMING LANGUAGE, THERE'S CRITERIA IN THE ZONING CODE FOR VBA TO MAYBE TWEAK THAT. THE, THOSE PROVISIONS IN THE SECTION, THOSE ARE IN THE ZONING ORDINANCE. SO THOSE PROVISIONS OF THE CBA ARE ALSO WITHIN YOUR PURVIEW TO RECOMMEND A TEXT CHANGE AS WELL, SO THAT THOSE COULD BE HARMONIOUS. YOU KNOW, I KNOW YOU SAID YOU FOUND ALL THAT INFORMATION YOU'LL SHARE IT WITH. YEAH. YEAH, WE CAN TALK. YOU GOT IT. OKAY. ANY QUESTIONS LEADING UP TO THAT JOINT MEETING OR WHATEVER SHE'S GOING TO PRESENT, AND SHE CAN OBVIOUSLY REACH OUT TO HER OFFICE. MISS COLTON, IF WE COULD AGREE AND GET WHAT MR. BELLE JUST AGREED TO. KIND OF A DEADLINE ON WHEN YOU WOULD HAVE THAT KIND OF IN A DRAFT FORM. SO INPUT COULD BE PROVIDED TO YOU SO THAT WE COULD ENSURE THAT BY THE TIME WE COME TO THAT SPECIAL MEETING ON THE 12TH THAT IT'S THE THIS IS WHAT WE'RE GOING TO PRESENT BECAUSE WE ONLY HAVE AN ANALYST, AND THEN ANY CORRECTIONS OR CHANGES THAT THE COMMISSION FEELS NEEDS TO BE MADE, THEN WE COULD DO IT BETWEEN THAT TIME PERIOD. OKAY. SO AUGUST 4TH. I GUESS. YEAH. WHICH IS THE MONDAY. WOULD THAT GIVE ENOUGH TIME IF WE GOT A DRAFT? ABSOLUTELY. OKAY. I'M COMMITTING STAFF TO DO IT, BUT. OKAY. YES. OKAY. THAT WOULD THAT GIVES YOU A COUPLE OF ALMOST TWO WEEKS. NOT QUITE. YOU THINK TWO WEEKS IS ENOUGH? WELL, BECAUSE OF WHEN, YOU KNOW, THE AGENDA NEEDS TO BE POSTED AND ALL OF THAT, I THINK IF IT'S MUCH LATER. OKAY. YEAH. ALL RIGHT. ALL RIGHT. THAT SOUNDS GOOD. ANYTHING ELSE? COMMISSIONERS. ALL RIGHT. THANK YOU SO MUCH. MISS COLTON, THANK YOU ALL. ALL RIGHT. AT THIS TIME, WE GO TO THE ITEMS OF COMMUNITY INTEREST. [I. ITEMS OF COMMUNITY INTEREST Discussion will be limited to the following pursuant to Gov't Code 551.0415: (1) Expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedules; (3) a recognition of an individual; (4) a reminder about an upcoming Planning & Zoning events; (5) announcements involving an imminent threat tithe public health and safety.] IF THERE ARE ANY ANY RECOGNITIONS. MR. CHAIR, I JUST WANT TO FOR THE BENEFIT OF THE PUBLIC AND THE REST OF THE COMMISSIONERS HERE ACKNOWLEDGE THAT WE'VE HAD A CHANGE WITH OUR LIAISON WITH THE CITY COUNCIL. IT USED TO BE DOCTOR DIANA MARKS. IT IS NOW MAYOR PRO TEM CRYSTAL CHISHOLM. MISS CHISHOLM, IF YOU WOULD LIKE TO SAY ANYTHING, FEEL FREE. PLEASE. I JUST WANT TO LET Y'ALL KNOW I'M EXCITED TO BE HERE. AND I THANK YOU ALL SO MUCH FOR THE SERVICE. YOU KNOW, SO I HAVEN'T DONE THIS IN, LIKE, FOUR YEARS SINCE I WAS A CITIZEN. SO I JUST WANTED TO SAY THANK YOU SO MUCH FOR. THANK YOU FOR THE ACKNOWLEDGMENT. AND THANK YOU SO MUCH FOR THE WARM WELCOME FROM EACH OF YOU. I'M SORRY, MR. GRAHAM. I DIDN'T GET A CHANCE TO TALK TO YOU BEFORE THE MEETING. BUT [01:45:02] I'M EXCITED AND I'M LOOKING FORWARD TO SITTING THERE AND CHEERING YOU ALL ON. AND THANK YOU FOR THE WORK THAT YOU DO. ALL RIGHT. THANK YOU SO MUCH. GLAD TO HAVE YOU. I WILL REMIND YOU OF OH, DID YOU HAVE SOMETHING. NO, NO, YOU GO AHEAD. GO AHEAD. I'M JUST WE'VE HAD AN EXTRA MEETING ADDED TO OUR CALENDAR FOR NEXT MONTH, SO I WOULD REALLY LIKE US TO CONSIDER POSTPONING OR CANCELING THE LAST MEETING IN AUGUST SO THAT WE DON'T HAVE TO MEET THREE TIMES NEXT MONTH SINCE WE HAVE THE JOINT MEETING. YES. WOULD YOU BRING THAT ITEM? WE ARE OBLIGATED TO ONE MEETING A MONTH IN THE SUMMER MONTHS. WE'VE AGREED TO THE FOURTH TUESDAY. STAFF HAS ASKED US TO DO AN ADDITIONAL MEETING ON THE 12TH. I BELIEVE IT IS. AND SO I WOULD SAY THAT WE WOULD GIVE YOU ALL BACK ONE OF THOSE MEETING DATES, WHICH WOULD BE THE FOURTH TUESDAY, AND PARTICULARLY IF THEY DON'T HAVE. AND ALSO IN LIGHT OF THEY'RE ASKING US TO HAVE ANOTHER JOINT MEETING, WHICH WOULD BE THREE MEETINGS IN THE MONTH OF AUGUST. SO, STAFF, DO YOU KNOW IF YOU HAVE ANYTHING PRESENTLY SCHEDULED FOR THE FOR THE WHERE YOU'RE PLANNING ANYTHING FOR THE FOURTH TUESDAY OF, OF AUGUST 26TH? NOT THAT WE'RE AWARE OF, BUT OUR GOAL WOULD BE TO GET THEM ON THE 12TH, BUT, YEAH, TO PUT THEM ON THE 12TH. OKAY. SO WE'RE GOING TO WE WILL ALLOW. THE AUGUST 12TH MEETING THAT YOU ALL ARE ASKING US TO ADD THAT WILL SUFFICE. AND WE WILL DELETE THE FOURTH TUESDAY MEETING, AND THEN WE'LL STILL MEET OUR OBLIGATION OF ONE MEETING A MONTH. AND THEN WE'LL ALSO DO THE JOINT SPECIAL MEETING. ALL RIGHT. THANK YOU. THANK YOU, MISTER CHAIR. WHEN IS THAT JOINT SPECIAL MEETING? AGAIN? THE DATE ON THE JOINT MEETING. OKAY. ALL RIGHT. THE 20TH. OKAY. ALL RIGHT. THE ONLY OTHER TWO THINGS THAT I'M GOING TO REMIND YOU OF IS THAT THE DESOTO VOLUNTEER FAIR WILL BE HELD THURSDAY, AUGUST THE 7TH, AT 6 P.M. IN THE BLUEBONNET ROOM. THAT IS AN OPPORTUNITY, IF YOU ALL WISH TO COME WITH THE DEVELOPMENTAL SERVICES TABLE AND TO BE THERE TO GREET CITIZENS. LET THEM KNOW WHAT IT IS THAT WE DO. THEY'LL HAVE QUESTIONS. AND IF YOU'RE FREE. COME OUT AND SUPPORT THAT. AS WELL AS THE ANNUAL BOARDS AND COMMISSIONS, MASQUERADE BALL WILL BE HELD SEPTEMBER THE 18TH AT 6:30 P.M., AND YOU WILL NEED TO REGISTER OR RSVP FOR THAT PARTICULAR EVENT. ALL RIGHT. ANY OTHER ANNOUNCEMENTS? ALL HEARING AND SEEING. NONE. I'LL TAKE A WHERE WOULD ONE REGISTER FOR THAT MASQUERADE BALL? THEY WILL SEND YOU OUT AN EMAIL. SO YOU JUST CHECK YOUR EMAIL, THEY'LL SEND IT OUT AND ASK YOU TO REGISTER. YEAH, RSVP. ALL RIGHT. ALL RIGHT. AT THIS TIME, SEEING, HEARING AND SEEING NO OTHER ITEMS OF COMMUNITY INTEREST, I'LL ENTERTAIN A MOTION FOR ADJOURNMENT. I MOTION TO ADJOURN. I'LL SECOND. ALL RIGHT. IT'S BEEN MOVED. AND SECOND. ALL IN FAVOR, SAY GOOD NIGHT. GOOD NIGHT. * This transcript was compiled from uncorrected Closed Captioning.