* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OF [00:00:01] COURSE. OKAY. CAN [BRIEFINGS] WE START OFF WITH A ROLL CALL, PLEASE? GOOD MORNING, COMMISSIONERS. DISTRICT ONE, COMMISSIONER SCHOCK. HERE. DISTRICT TWO. COMMISSIONER HAMPTON. HERE. DISTRICT THREE. COMMISSIONER HERBERT? HERE. DISTRICT FOUR. COMMISSIONER FORSYTH. HERE. DISTRICT FIVE, CHAIR SHAAD. PRESENT? DISTRICT SIX. COMMISSIONER CARPENTER. PRESENT. DISTRICT SEVEN. COMMISSIONER WHEELER. MEGAN? DISTRICT EIGHT. COMMISSIONER FRANKLIN PRESENT. DISTRICT NINE. COMMISSIONER SLEEPER. HERE. DISTRICT 10. COMMISSIONER HOUSEWRIGHT HERE. DISTRICT 11. COMMISSIONER NIGHTINGALE. HERE. DISTRICT 12. COMMISSIONER HOGG. DISTRICT 13. COMMISSIONER HALL HERE. DISTRICT 14, COMMISSIONER KINGSTON AND PLACE 15 VICE CHAIR RUBIN. I'M HERE. YOU HAVE QUORUM, SIR. GOOD MORNING, AND THANK YOU. UH, COMMISSIONER. TODAY IS THURSDAY, MARCH 6TH, 2025. 9:09 AM AND THIS IS THE BRIEFING OF THE DALLAS CITY PLAN COMMISSION. UH, JUST, UH, A TIME FOR QUESTIONS TO STAFF AND WE WILL KEEP ALL OUR, UH, ALL OUR STATEMENTS AND POSITIONS FOR THE HEARING THIS AFTERNOON, BEGINNING AT 1230. UH, IT SEEMS LIKE WE, WE DIDN'T GO HOME COMMISSIONERS . I'M HAVING DEJA VU HERE. UH, BUT, UM, I APPRECIATE YOU ALL COMING BACK AND WE'RE READY AND FRESH TO GO. IT DOESN'T SEEM LIKE A VERY HEAVY DOCKET, AND WE'RE GONNA JUMP RIGHT INTO IT. AT, AT THIS POINT WE HAVE CASE NUMBER ONE THAT WILL COME OFF CONSENT. SO, UH, FROM, WE HAVE ONE, THREE TO SIX. SO ONE IS OFF CONSENT, SO IS 3, 4, 7, AND, AND THEN NUMBER 25 ON THE SUBDIVISION, AND WE WILL SEE HOW THAT GOES. SOME OF THOSE ON, UH, ON CONSENT THAT HAVE COME OFF, I THINK WILL BE HELD AND SOME NOT. AND, UM, SO WE'LL GET TO THEM. 10, 10, I TAKE THAT. OKAY. OH, OKAY. YEAH, 10 10 IS UNDER ADVISEMENT. OKAY. OKAY. OKAY, WE'RE READY TO GET STARTED. GOOD MORNING. GOOD MORNING. ALL RIGHT. GOOD MORNING. THIS IS, UH, CASE Z 2 34 DASH 1 32. THIS THING OUTTA THE WAY, UH, IS IT AN APPLICATION FOR AN AMENDMENT TO SPECIFIC USE? PERMIT NUMBER 9 5 9 FOR A PRIVATE SCHOOL LOCATED ON THE SOUTHWEST CORNER OF HARVEST HILL ROAD AND INWOOD ROAD, WEST OF DALLAS PARKWAY, APPROXIMATELY 12.8 ACRES IN SIZE, UH, LOCATED HERE IN, UH, NORTH DALLAS. HERE'S THE AERIAL MAP SHOWING THE SITE AND THE AREA OF REQUEST. UH, THIS IS THE ZONING MAP. SO THE SUBJECT SITE IS, UH, ZONED. IT'S, UH, R 10 A AND R 16 A. THEN IN THE SURROUNDING AREA THERE IS MU THREE NOA PD 50. OVER ON THE OTHER SIDE OF, UH, THE DNT, UH, TO THE SOUTHEAST IS A CR AND THEN TO THE SOUTH IS A PD FOR A PRIVATE SCHOOL. UH, YOU'LL NOTICE THAT WITHIN THE AREA OF REQUEST, THERE'S BOTH A CHURCH AND ALSO THE PRIVATE SCHOOL, UM, WHICH IS THE SUBJECT OF THE SUP. UH, THEY DO SHARE THE SITE, UH, AS MENTIONED ZONED R 10 AND R 16 A WITH THE SUP 9 59 CURRENTLY DEVELOPED WITH A PRIVATE SCHOOL AND CHURCH. THE APPLICANT'S PROPOSING BUILDING NEW CLASSROOMS AND OFFICES ON THE SITE, UH, REPLACING THE EXISTING GYM AND AUDITORIUM WITH NEW BUILDING AND EXPANDING ENROLLMENT. UH, IN ORDER TO ACCOMPLISH THIS, THEY'RE REQUESTING AN AMENDED SITE PLAN AND SUP CONDITIONS. UH, HERE'S THE PHOTOS OF THE SITE. UH, HERE'S ON THE SOUTHWEST CORNER OF, OF HARVEST HILL AND INWOOD, LOOKING SOUTH, THEN LOOKING SOUTHWEST TOWARDS THE SCHOOL. LOOKING NORTH AWAY FROM THE SCHOOL WITH, UH, DALLAS PARKWAY AND DNT. LOOKING NORTHEAST AWAY FROM THE SITE, LOOKING WEST, THIS IS ALONG HARVEST HILL, AND AS WE GO DOWN THE ROAD, UH, LOOKING NORTH AWAY FROM THE SITE ON HARVEST HILL, [00:05:02] LOOKING EAST, THEN LOOKING SOUTH TOWARDS THE SITE, LOOKING WEST TO THE NORTHWEST, TO THE SOUTHEAST TO THE WEST AND THE SOUTH. THEN HERE, WE'RE ON INWOOD, LOOKING EAST AWAY FROM THE SITE, THEN LOOKING SOUTH ALONG INWOOD AND SOUTHWEST, THEN LOOKING NORTH, LOOKING SOUTH, WENT LOOKING NORTHWEST, PARDON ME, TOWARDS THE SITE. UH, THIS IS THE PROPOSED SITE PLAN. OBVIOUSLY THE VERY LARGE SITE PLAN, NOT A LOT OF DETAIL OR THERE'S A LOT OF DETAIL, BUT IT'S HARD TO SEE AT THIS SCALE. UH, ZOOMING IN, WE SEE SOME OF THE DIFFERENT ADDITIONS THAT ARE BEING PROPOSED ON THE SITE. UH, AS YOU CAN SEE, SOME OF THIS IS PART OF THE CHURCH, UH, AND SOME OF IT WILL BE PART OF THE SCHOOL BUILDINGS. UH, HERE ON THE SITE PLAN, THEY DID INDICATE THIS IS THE EXISTING BUILDING THAT WILL BE DEMOLISHED. AND THEN THE ADDITIONAL NEW BUILDING, UH, THAT WILL BE A MIX OF BOTH, UH, USES FOR THE CHURCH AND FOR THE SCHOOL. UH, HERE'S THE LANDSCAPE PLAN THAT'S BEEN PROPOSED, AND UM, THE MAIN THING TO NOTE HERE IS JUST, UH, THESE TREES BEING, UM, BEING TAKEN DOWN FOR THE NEW BUILDING. UH, THE CHANGES OF THE CONDITIONS, THE ENROLLMENT WILL INCREASE FROM 725 TO 810 STUDENTS. THE ALLOWABLE FLOOR AREA IS INCREASING FROM 91,242 SQUARE FEET TO 105,000 SQUARE FEET. AND JUST AS SOME BACKGROUND ON THERE, UH, TO GET A GOOD QUESTION FOR COMMISSIONER CARPENTER EARLIER ABOUT THE SQUARE FOOTAGE HERE, UH, IF YOU NOTICE THAT THE ADDITION, THE LARGE BUILDING ALONE IS ABOUT 41,000 SQUARE FEET. UH, 18,000 OF THAT IS DEDICATED TO THE CHURCH TO ALL 23,000 IS DEDICATED TO THE SCHOOL. YOU DO HAVE TO FACTOR IN THE DEMOLITION OF THE EXISTING BUILDING, WHICH IS ABOUT 14,000 SQUARE FEET, ALL SAID AND TOLD THE NET ADDITIONAL SQUARE FOOTAGE FOR THE SCHOOL USE IS ABOUT 10,000 SQUARE FEET, AND THERE'S SOME ADDITIONAL SQUARE FOOTAGE ON THE LIMIT, UM, THAT ALLOWS SOME FLEXIBILITY IN THE FUTURE. LET'S SAY IF ONE OF THOSE ADDITIONS THAT'S CURRENTLY SLATED TO BE A CHURCH OFFICE, IF IT WERE TO LATER BE USED FOR THE SCHOOL. UH, THERE'S JUST SOME FLEXIBILITY IN THERE TO REPURPOSE CERTAIN PARTS OF THE, UH, SITE OVERALL. UH, ADDITIONALLY, THE APPLICANT HAS, UH, PROPOSED, UH, ADDING PEDESTRIAN AMENITIES, UH, BENCH TRASH AND TRASH RECEPTACLE, AND A BIKE RACK ON A HARVEST HILL, AS SHOWN ON THE SITE PLAN. UH, THERE IS A STAFF RECOMMENDATION OF A CONDITION FOR SIX FOOT WIDE SIDEWALKS WITH MINIMUM FIVE FOOT WIDE BUFFERS. UH, THE BUFFER MAY BE REDUCED WHEN THERE ARE CONFLICTS WITH TREES, UTILITIES, AND EXISTING RIGHT OF WAY THAT PREVENT THE FULL BUFFER. UH, THIS IS SOMETHING THAT WE'VE BEEN DOING WITH VARIOUS SCHOOL CASES AND SCHOOL SUVS AND PDS OVER THE LAST YEAR OR SO. UM, IN AN EFFORT TO PROMOTE PEDESTRIAN SAFETY, UH, ESPECIALLY FOR, UM, FOR STUDENTS, STAFF'S RECOMMENDATION IS APPROVAL SUBJECT TO AN AMENDED SITE PLAN, AMENDED LANDSCAPE PLAN, AND STAFF'S RECOMMENDED CONDITIONS. THANK YOU, SIR. QUESTIONS, COMMISSIONERS, COMMISSIONER HALL. THANK YOU MR. BATES. UH, GOOD, GOOD PHOTOS IN THERE. 'CAUSE IT ILLUSTRATES A COUPLE THINGS I WANTED TO TALK ABOUT. UH, I'M JUST GONNA RUN THROUGH A COUPLE OF THINGS HERE. ON PAGE ONE TWO, TRAFFIC PLAN, IT SAYS, UM, THAT SMALL PARAGRAPH AT THE END WASN'T COMPLETE. IT SAYS THE MOST RECENT TRAFFIC MANAGEMENT PLAN WASN'T, WAS, WASN'T REVIEWED. CHECK WITH DAVID. I JUST WANTED TO CONFIRM THAT, UH, MR. NAVAREZ AND HIS GROUP, THE TRAFFIC PEOPLE HAVE REVIEWED THE TRAFFIC MANAGEMENT PLAN AND IT, IT IS ACCEPTABLE TO THEM. YES. THANK YOU, YOUR HONOR. I APOLOGIZE FOR THE, UH, OMISSION THERE. THAT WAS A, UH, A NOTE TO SELF THAT I FORGOT TO, UH, I FORGOT TO CHANGE AFTERWARDS. SO APPRECIATE, UH, APPRECIATE THAT BEING FOUND. UH, YES, I KNOW THAT MR. NAVAREZ HAD PREVIOUSLY REVIEWED THE, UH, TMP AND I BELIEVE HE'S SEEN THE MOST RECENT, UH, VERSION. UH, I DID NOT RECEIVE ANY, UH, CONCERNS OR COMMENTS FROM MR. NAVAREZ REGARDING THE TMP. UM, I SEE HE'S ACTUALLY, UH, SENDING ME A MESSAGE RIGHT NOW IF HE HAS ANY COMMENTS ON THAT. UM, I KNOW NOT SURE IF HE'S, UH, LISTENING IN, BUT I HAD NOT HEARD ANY CONCERNS FROM HIM. UM, YEAH, I HAD, I HAD NOT HEARD ANY CONCERNS REGARDING THE TMP. OKAY, THANK YOU. UM, ON PAGE ONE FOUR, I JUST, UH, WANNA, UH, MAKE SURE YOU CONFIRM THAT THE ADDITIONS WILL NOT BE A DETRIMENT TO THE SURROUNDING AREAS. THEY'RE, THEY'RE ALL INTERNAL TO THE CAMPUS. YES. I WOULD AGREE THAT BASED ON THE, BASED ON WHERE THE, THE BUILDINGS ARE BEING CITED, IT'S, IT'S NOT REALLY ENCROACHING FURTHER INTO THE SURROUNDING AREAS. THERE'S NOT A LARGE ENCROACHMENT INTO THE, YOU KNOW, INTO THE EXISTING SETBACKS OR ANYTHING LIKE THAT. UH, THE NEW GYM BUILDING IT IS LARGER THAN WHAT IS CURRENTLY THERE, BUT, UH, STAFF DOES NOT FIND IT TO BE, UH, DETRIMENTAL TO THE AREA. AND SOME OF THE MODIFICATIONS ARE ALREADY TO THE EXISTING STRUCTURE. I, I BELIEVE SOME OF THE OFFICES THEY'RE ADDING, YES, SOME OF THOSE ARE BEING ADDED ONTO THE, UH, TO THE EXISTING BUILDINGS. OKAY. [00:10:01] UH, I ALSO WANT TO CONFIRM THAT ON PAGE ONE FIVE, THE NEW ENROLLMENT, UH, GOING FROM 7 25 IN THE, THE OLD SUP UP TO EIGHT 10 AND, UH, BEING ASKED FOR NOW, UH, WILL NOT HAVE, UH, I THINK YOU SAY IT WILL BE A MINIMAL, IT WILL NOT HAVE AN IMPACT, OR THE IMPACT WOULD BE MINIMAL. YES, IT WOULD BE FAIRLY MINIMAL. AND MY UNDERSTANDING IS THAT THEY MAY NEVER GET TO EIGHT 10, BUT EIGHT 10 IS CLOSER TO WHERE THEY ARE NOW THAN 7 25 IS, OR SOMETHING LIKE THAT. SORRY, COULD YOU REPEAT THAT? UH, THE, THEY MAY NEVER GET UP TO 810 STUDENTS, BUT THAT'S A NUMBER THAT'S CLOSER TO REALITY. WHAT'S ON THE GROUND TODAY? UM, I, I WOULD DEFER TO THE APPLICANT FOR OH, OKAY. DETAILS ON THE EXACT LEVEL OF ENROLLMENT. OKAY. UM, I ALSO WANT TO, UH, ASK YOU, YOU'RE AWARE THAT THE RECOMMENDED SIDEWALK BUFFER REQUEST BY THE CITY, UM, COULD POSSIBLY ELIMINATE ENOUGH PARKING TO BRING THEM OUTTA COMPLIANCE WITH WHAT WOULD BE REQUIRED WITH THE, UH, SO WITH THE ORIGINAL, UH, RECOMMENDATION ON THE SIDEWALKS, WE HAD ORIGINALLY TALKED ABOUT STRAIGHT REQUIREMENT OF SIX FOOT SIDEWALKS, FIVE FOOT BUFFERS, AND GOING FURTHER INTO THE SITE IF, UH, IF NEEDED. AND THAT WAS CERTAINLY A CONCERN THAT WAS RAISED WHERE WE ENDED UP IN SORT OF BETWEEN A ROCK AND A HARD PLACE WHERE IT WOULD EITHER RESULT IN ELIMINATING SOME OF THE EXISTING TREES OR ENCROACHING INTO THE PARKING AREAS, WHICH WOULD BE, UH, THEN CONFLICT WITH THE, UH, MINIMUM REQUIRED PARKING. UH, THE RECOMMENDATION AS IT STANDS NOW WHERE IT ALLOWS THE BUFFER TO BE REDUCED, GIVEN CERTAIN CONFLICTS, TREES, UTILITIES, RIGHTS OF WAY, I BELIEVE PARKING WOULD BE INCLUDED AS WELL. UM, THAT WOULD ALLOW SOME FLEXIBILITY IN HOW THE SIDEWALK IS ULTIMATELY, UH, LAID OUT. UH, BUT WE ARE AWARE OF THE, SORT OF THE CONCERN THERE OF, UH, ESPECIALLY WITH THE LANDSCAPING. THANK YOU. AND, AND, AND BY MY, MY COUNT, IF, IF THEY DID HAVE TO MODIFY THE SIDEWALKS ALONG HARVEST HILL, YOU, THEY CONCEIVABLY COULD LOSE UP TO 50 PARKING SPACES THAT MAY BE EXCESSIVE, BUT THEY COULD LOSE SIGNIFICANT PARKING. UH, AND, AND LET'S SEE. I ALSO WANTED TO SAY YOU'RE AWARE THAT, UH, IF WE DID FOLLOW THAT BUFFER REQUEST, WE MIGHT HAVE TO CUT DOWN, OR THEY MIGHT HAVE TO CUT DOWN 17 MATURE OAK TREES OF 16 TO 23 INCHES IN CALIPER. AGAIN, WITH THE, IF THERE WERE TO BE A EXACT FIXED FIVE FOOT BUFFER, THAT WOULD PROBABLY RESULT IN CUTTING DOWN CERTAIN TREES. MM-HMM . UH, WITH THE FLEXIBILITY THAT'S BEEN PUT INTO THE CURRENT CONDITIONS, UM, WHERE, UH, SO IT SAYS IT MAY BE REDUCED WHEN EXISTING TREES IDENTIFIED IN THE LANDSCAPE PLAN, UM, PREVENT THE FULL WIDTH, THAT WOULD GIVE SOME LEEWAY THERE. NOW, GIVEN SOME OF THE REALITIES ON THE GROUND THEREOF WHERE, HOW MANY TREES ARE ON HARVEST HILL, FOR INSTANCE, UH, CONCEIVABLY THERE WOULD NOT BE MUCH OF A BUFFER FOR A GOOD PORTION OF THAT MM-HMM . UH, BUT IT WOULD AT LEAST ALLOW FOR SOME BUFFER ALONG SOME PARTS OF THE SIDEWALK. AND I NOTICED IN YOUR PHOTOGRAPHS, UH, THE SIDEWALKS ALONG HARVEST HILL AND, UM, INWOOD ROAD, UH, HAD A BUNCH OF CONES, CONSTRUCTION CONES ON 'EM MM-HMM . AND, UH, THAT WAS REPRESENTATIVE OF THE FACT THAT THOSE ARE BRAND, BRAND NEW SIDEWALKS, . I MEAN, THERE WAS, UH, I DON'T KNOW ACTUALLY WHO BUILT THEM, WHETHER IT WAS, UH, CITY OF DALLAS OR ONE OF THE UTILITY COMPANIES, BUT THERE WAS, UH, CONSTRUCTION WORK AND THEY HAD TO REDO THE SIDEWALKS ALONG THOSE LOCATIONS. YEAH. UM, AND I THINK, I THINK THAT WAS IT, MR. BATE. THANK YOU. THANK YOU. MM-HMM . ANY OTHER QUESTIONS? COMMISSIONERS? OKAY, WE'LL GO TO CASE, UH, NUMBER TWO. OH, LET'S, LET'S TABLE NUMBER TWO FOR THE MOMENT. WE'LL SKIP TO NUMBER THREE. DOES ANYBODY WANT IT BRIEFED? OKAY, WE'LL GO TO THE NEXT CASE THEN. THANK YOU, SIR. HOW ABOUT NUMBER FOUR? [00:15:01] ANYBODY WANT NUMBER FOUR BRIEFED? OKAY. I'LL GO TO NUMBER THIS TABLE NUMBER FIVE AND SIX FOR THE MOMENT. SEVEN IS GONNA BE HELD UNDER ADVISEMENT, SO WE WILL NOT BRIEF THAT ONE TODAY. NOT YET. YEP. PROBABLY IN APRIL. UH, NUMBER EIGHT, WE'LL TABLE FOR THE MOMENT. WE'LL GO TO NUMBER NINE. GOOD MORNING, CHAIR. CAN YOU HEAR ME CHAIR? CAN EVERYONE HEAR ME? YES, SIR. WE CAN HEAR YOU. YEP. THANK YOU. THANK YOU. LET'S SEE HERE. GIMME MOMENT TO PULL THIS UP. CASE NUMBER NINE IS CASE Z, 2 34 DASH 3 34 OH, ON SCREEN. THERE WE GO. CHAIR. CAN EVERYONE SEE THAT? WE CAN. WONDERFUL, BUT THANK YOU. GOOD MORNING. UH, CASE, UH, NUMBER NINE IS, UH, Z 2 3 4 DASH 3 34. IT'S AN APPLICATION FOR A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE GREATER THAN 3,500 SQUARE FEET. IT'S ON THE SOUTHEAST CORNER OF SIMPSON, STEWART AND BONNIE VIEW. SEP AREA IS, UH, JUST UNDER AN ACRE. AND THE C-STORE REGISTRATION IS ACTIVE FOR THE SITE. UM, SOME ZONING CONDITIONS FOR YOU. IT'S WITHIN THE COMMUNITY RETAIL DISTRICT. THERE IS THE D ONE LIQUOR CONTROL OVERLAY. UH, THE PREVIOUS SUP, THAT'S SUP NUMBER 1860 HAS EXPIRED. UH, THIS REQUEST WOULD REINSTATE THOSE EXISTING CONDI OR THOSE PREVIOUS CONDITIONS APPROVED IN THAT SUP. YOU CAN SEE ITS LOCATION THERE. SOUTHERN PART OF DALLAS, UH, LOOKING AT THE SURROUNDING USES THE CR DISTRICT, UM, TO THE NORTHEAST AND WEST. THERE'S A MF TWO, A MULTIFAMILY, UH, DISTRICT IN DEVELOPMENT TO THE SOUTH, TAKING A LOOK AT THE SITE, THIS IS WITHIN THE INTERNAL ACCESS DRIVE. LOOKING AT THE CONVENIENCE STORE, UM, THROUGH THE GAS PUMP ENCLOSURE BACK AT THE SITE, EVERYTHING APPEARED TO BE IN GOOD CONDITION. UH, THIS IS THE PROPOSED SITE PLAN. IT IS THE PREVIOUSLY APPROVED SITE PLAN AS WELL UNDER THE NOW EXPIRED SEP 1860. UH, WITH THAT STAFF'S RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD, UH, SUBJECT TO A SITE PLANNING CONDITIONS. THANK YOU, SIR. QUESTIONS, COMMISSIONER? UH, YES, MR. CHAIR. UH, GOOD MORNING. UH, I DO HAVE A COUPLE OF QUESTIONS AND I WANT YOU TO KEEP ME HONEST. AND IF MY QUESTION IS NEED TO BE RESERVED, UH, FOR, UM, FOR LATER, UH, I WILL RESERVE THAT AND HOLD THAT A A ACROSS THE STREET, UH, FROM, UH, THIS C STORE IS ANOTHER C STORE, CORRECT? YES, SIR. THAT'S MY UNDERSTANDING. THE NORTH. AND, UH, DOES THAT C-STORE HAVE A SUP TO, UH, TO SELL ALCOHOLIC BEVERAGES THERE? YOU KNOW, I'M NOT CERTAIN OF THAT COMMISSIONER. I DON'T THINK IT ANYTHING SHOWED UP ON THE, ON THE ZONING MAP EXHIBIT. OKAY. UM, I JUST WANTED JUST, UH, CONFIRMATION ON THAT. I, I BELIEVE IT DOES. I'M ALMOST CERTAIN IT DOES. UH, HAVE YOU HAD THE OPPORTUNITY TO REVIEW THE, THE CRIME STATS FOR THAT PARTICULAR CO? I DO BELIEVE WE PULLED THOSE CRIME STATS. I'M, I BELIEVE THEY WERE ALSO SHARED WITH THE COMMISSION, IF I'M NOT MISTAKEN. UM, WE HAVE HAD THOSE COME IN FROM OUR GIS FOLKS IN THE PD DEPARTMENT. YES. SO, UH, BASED ON THOSE STATS OVER THE LAST YEAR, UH, THERE APPEARS TO BE OVER 30 REPORTED CRIMES ON THAT CO INCLUDING PUBLIC INTOXICATION AND DISORDERLY CONDUCT. IS THAT CORRECT? UH, IF THAT'S, IF THAT'S WHAT THE REPORT STATES COMMISSIONER, THEN YES, I BROUGHT INTO THAT. AND I, I DO UNDERSTAND THAT THE STORE OWNER HAS SECURITY ON SITE, AND IN FACT, I WAS ABLE TO GO IN THERE AND, AND VALIDATE THAT. UH, DO YOU KNOW HOW LONG THE SECURITY GUARD HAS BEEN IMPLEMENTED AT THAT PARTICULAR SITE? I'M UNAWARE. COMMISSIONER, [00:20:01] IN ADDITION TO THESE ALCOHOLIC BEVERAGES SOLD ON, ON THIS SITE, UH, WHAT ARE THE OTHER GENERAL MERCHANDISE BEING SOLD AT THE STORE? IT'S MY UNDERSTANDING COMMISSIONER, IT'S JUST THE, A CONVENIENCE STORE. SO IT WOULD BE COMMENSURATE WITH TYPE OF SMALLER GENERAL RETAIL USE. YEAH, I'VE, I'VE BEEN IN THERE AND, UM, BASED ON THE SHELF SPACE AND, UH, THE AVAILABLE REFRIGERATION, IT APPEARS THAT THERE'S A MAJORITY OF THE CELLS THAT WILL COME OUT OF THERE, UH, OR ALCOHOLIC BEVERAGES. I DIDN'T SEE, UH, ANYTHING COMPARABLE TO WHAT I WOULD HAVE EXPECTED AT A GENERAL, UH, C-STORE. UH, SO MY, MY, MY QUESTION IS, ARE THERE ANY, WERE THERE ANY CONSIDERATION IN THIS APPROVAL, UH, THAT, UH, THE C-STORE SELL, UH, WELL SALES OR PRIMARILY BASED ON BEVERAGES, ALCOHOLIC BEVERAGES? UH, NO COMMISSIONERS. IT'S USUALLY NOT A, THAT'S SOMETHING THAT USUALLY DOESN'T WEIGH IN AN HONOR CONSIDERATION. REALLY. THE, THE GENERAL MERCHANDISE USE IS PERMITTED IN THE CR DISTRICT. IT'S THE SALE OF ALCOHOLIC BEVERAGES IN THE D ONE LIQUOR CONTROL OVERLAY THAT REQUIRES THE SEP. SO THERE'S NOT A PERCENTAGE THAT I'M AWARE OF, UM, THAT WOULD COME INTO PLAY. AND THAT'S FAIR AND UNDERSTOOD. I DON'T HAVE ANY ADDITIONAL QUESTIONS FOR YOU. THANK YOU. THANK YOU. THANK YOU. COMMISSIONER. COMMISSIONER CARPENTER, UH, DO YOU KNOW IF THEY'RE IN COMPLIANCE WITH THE 12 B INSPECTION? YES. I BELIEVE THE CSO REGISTRATION IS ACTIVE COMMISSIONER. THANK YOU. THANK YOU. ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS? OKAY. LET'S GO TO NUMBER 10. IS NUMBER 10 GONNA GET HELD? IS 10 GONNA GET HELD? YES. UH, MR. SPEAKER, I PLAN TO HOLD IT UNTIL, UH, OUR NEXT MEETING ON THE 20TH. OKAY. WE'LL BRIEF IT THEN. YES. THIS IS NUMBER 10, HOLDING TO THREE 20. AND HAVE WE BRIEFED 11 BEFORE? NO. PROBABLY SHOULDA. I NEED TO STEP OUT. IT'S GONNA GET HELD. IT'S GONNA GET HELD. OKAY. LET THE RECORD FACT THAT COMMISSIONER EVEN HAS A CONFLICT ON THAT, BUT WE WILL NOT BE BRIEFING IT BECAUSE IT'S GONNA BE HELD UNDER ADVISEMENT NUMBER 12. HAVE WE BRIEFED THAT ONE BEFORE? YES, I WOULD LIKE FOR THIS ONE TO BE BRIEFED. OKAY. LET'S GET BRIEFED. THANK YOU. GOOD DAY. THIS IS CASE NUMBER 12, UH, Z 2 34 DASH 3 45. IT'S AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONE AND R 10, A SINGLE FAMILY DISTRICT LOCATED ON THE EAST SIDE OF KAYWOOD DRIVE BETWEEN FRONTAGE ROAD AND KINGSLAND ROAD. UH, WE DID HEAR THIS CASE BEFORE, UM, BACK IN FEBRUARY. SO I'M JUST GONNA GO THROUGH THE CHANGES THAT HAVE OCCURRED SINCE THEN. SO SINCE THEN, THE APPLICANT HAS, UH, VOLUNTEERED DEED RESTRICTIONS FOR THE PROPERTY. UM, THE DEED RESTRICTIONS ARE IN RELATION TO THE TOTAL SIZE OF THE BUILDING. UM, ANY POTENTIAL BUILDINGS. THE, UH, UH, LIMITING THE USES ALLOWED ON SITE AS WELL AS, UM, BUFFERS FOR THE PROPERTY AND, UM, NOT ALLOWING DEVELOPMENT WITHIN 20 FEET OF THE EXISTING CREEK TO THE SOUTH PORTION OF THE PROPERTY. THOSE ARE THE ONLY CHANGES. OKAY, SIR. QUESTIONS, COMMISSIONER FRANKLIN? UH, YES, MR. CLINTON, UH, UH, CAN YOU WALK US THROUGH, WELL, I'M START OFF THIS WAY. IT'S MY UNDERSTANDING THAT [00:25:01] THE APPLICANT HAS VOLUNTEERED DEED RESTRICTIONS, UH, TO BE PLACED ON THIS LAND. UH, CAN YOU WALK US THROUGH, UH, THE PROPOSED OR VOLUNTEER DEED RESTRICTIONS? YES. SO I JUST, UH, WENT THROUGH THOSE. SO THEY'RE GONNA BE, HE'S GONNA BE LIMITING HIS TOTAL BUILDING HEIGHT, UH, TO, UM, MATCH THE EXISTING FABRIC OF THE, UH, RESIDENTIAL ADJACENCIES. SO 30 FEET IS GONNA BE THE BUILDING HEIGHT, UH, LIMIT. AGAIN, THE, UM, THERE ARE PERMITTED USES AND WE'LL RUN THROUGH ALL OF THOSE. UM, 'CAUSE THE APPLICANT HAS THE FULL LIST, SO HE'S GONNA RUN THROUGH ALL OF THOSE, UM, LATER TODAY AT THE PODIUM AND READ THROUGH EVERYTHING WHEN HE VOLUNTEERS THOSE DE RESTRICTIONS. UM, ANOTHER ONE IS, UH, AGAIN, UH, VEGETATIVE BUFFERS, UM, ON THE, UH, PORTIONS OF THE SITE THAT HAVE RESIDENTIAL ADJACENCIES, SO THAT IS TO THE SOUTH AND TO THE EAST. UM, THE EAST WILL, HE'LL HAVE TO, UH, PLANT NEW TREES FOR THE BUFFER, BUT THE SOUTH PORTION OF THE SITE, AGAIN, HAS THAT EXISTING CREEK. SO THE EXISTING CREEK WILL BE USED AS THAT, UH, VEGETATIVE BUFFER, THE RESIDENTIAL BUFFER. UM, THERE'S SOME OTHER D RESTRICTIONS IN THERE, UH, THAT IS, UH, ENVIRONMENTALLY, UH, POSITIVE. SO, SO HE'S GONNA BE MITIGATING, UM, CERTAIN, UH, ASPECTS OF THAT PROPERTY IF THERE IS DEVELOPMENT, WELL, WHEN THE DEVELOPMENT IS TO HAPPEN. SO FOR EXAMPLE, UM, NOT BEING ABLE TO DEVELOP WITHIN 20 FEET OF THE EXISTING CREEK, UM, USING PERVIOUS SURFACES. UM, AND I BELIEVE THAT'S IT. OKAY. I'LL RESERVE THERE REST TO MY QUESTIONS UNTIL THE LATER SESSION. UH, BUT I, I, I DO WANT TO MAKE SURE, UH, THAT, UH, THE APPLICANT IS, UNDERSTANDS THE IMPLICATIONS OF THE DEED RESTRICTIONS THAT HE'S VOLUNTEERING. UH, I DON'T WANT HIM TO VOLUNTEER A DE RESTRICTION AND THAT WILL PROHIBIT HIM TO OPER ACTUALLY OPERATE HIS, HIS BUSINESS. SO I WANT HIM TO BE, UH, WELL ADVISED AT THAT. AND SO IF THAT'S THE, THE SESSION AND WE'LL WALK THROUGH EACH DE RESTRICTION THAT HE'S GOING TO INCORPORATE, UM, I'LL RESERVE MY QUESTIONS FOR THAT TIME. GREAT. THANK YOU VERY MUCH. COMMISSIONER HALL. MR. CLINTON, THIS, THIS, I DON'T KNOW IF YOU CAN ANSWER THIS QUESTION OR NOT, BUT I UNDERSTAND USING A, A CREEK AS A A BUFFER, UH, THIS CREEK'S ALREADY EXISTING, AM I CORRECT? YES, THAT'S CORRECT. NOT USING THE CREEK AS A BUFFER USING THE EXISTING VEGETATION SURROUNDING CREEK AS THE BUFFER. OKAY. YES. WHEN, WHEN WE HAVE A, A CREEK AS A BUFFER, IS THERE ANYTHING IN THE REGULATIONS ABOUT WHO MAINTAINS THAT CREEK? UH, IN OUR URBAN ENVIRONMENT, THEY TEND TO COLLECT A LOT OF TRASH AND THINGS LIKE THAT. UH, IS THAT SOMETHING FOR, IT WOULD BE FOR THE, THE RETAIL, OR WOULD THAT BE UP TO THE RESIDENTS ON THE OTHER SIDE? I'M JUST CURIOUS. THAT'S A GOOD QUESTION. I'M NOT, UH, TOO FAMILIAR WITH WHO WILL BE RESPONSIBLE FOR MAINTAINING THE CREEK, BUT I CAN LOOK INTO THAT. I, I'M JUST THINKING THE NEIGHBORS MIGHT APPRECIATE IF THERE WAS SOME, SOME EFFORT MADE TO KEEP THAT CREEK FREE OF TRASH AND THINGS LIKE THAT. THANK YOU. COMMISSIONER CARPENTER. MR. CLINTON, I UNDERSTAND YOU TO SAY THAT, UM, DEVELOPMENT WOULDN'T BE ALLOWED WITHIN 20 FEET OF THE CREEK BECAUSE THE DEED RESTRICTION SAYS DEVELOPMENT SHALL, SHALL NOT OCCUR NEAR THE EXISTING CREEK TO THE SOUTHERN PORTION OF THE PROPERTY AND NEAR IS, YOU KNOW, UM, KIND OF INEXACT. YES. SO WE DID HAVE SOME CHANGES, AND THE APPLICANT WILL READ THE CORRECTED VERSION AT THE PODIUM LATER TODAY. OKAY. THANK YOU. DO YOU HAVE ANY CONCERN ABOUT SOME OF THE REMAINING USES THAT HAVE NOT BEEN RESTRICTED, RESTRICTED OUT, THAT ARE, WOULD BE ALLOWED BY RIGHT. UM, NCS ZONING SUCH AS MACHINERY, HEAVY EQUIPMENT, UM, VEHICLE ENGINE REPAIR, AUTO SERVICE CENTER, INDUSTRIAL INSIDE VEHICLE DISPLAY DRIVE THROUGH RESTAURANTS, YOU KNOW, OUTSIDE STORAGE, CONTRACTORS, MAINTENANCE YARDS. THOSE ARE HISTORICALLY, WELL, I, I'LL JUST LEAVE THAT AS A QUESTION, SORRY. SO CONTRACTORS MAINTENANCE YOUR YARD WOULD BE WHAT THE APPLICANT'S, UH, REQUEST FALLS UNDER, SO THAT WOULDN'T BE, UH, PROHIBITED. UM, SOME OF THE OTHER ONES THAT YOU MENTIONED, I BELIEVE THEY, THOSE ARE GONNA BE PERMITTED. UM, AND AGAIN, WE WILL GO THROUGH THAT WHEN HE READS THOSE. I'M SORRY, YOU SAY, ARE YOU SAYING PROHIBITED OR PERMITTED? PROHIBITED IS NOT ALLOWED. RIGHT, RIGHT. BUT I, I HEAR, I HEARD PERMITTED. SO YOU'RE SAYING THEY'RE GONNA BE ADDITIONAL USES THAT ARE PROHIBITED? YES. OKAY. THANK YOU. [00:30:02] ANY OTHER QUESTIONS, COMMISSIONERS? OKAY. WE'LL GO TO NUMBER 13. I'LL HAVE THAT ONE BRIEFED. THIS IS ITEM NUMBER 13, KZ 2 34 DASH THREE 50. IT'S AN APPLICATION FOR DETERMINATION OF D RESTRICTIONS, ZA 34 2 94 ON PROPERTY ZONE TO SEE OUR COMMUNITY RETAIL DISTRICT LOCATED ON THE SOUTH LINE OF BRUTON ROAD BETWEEN NORTH PRAIRIE CREEK ROAD AND RIVERWAY DRIVE. PURPOSE OF THE REQUEST IS TO REMOVE THE EXISTING D RESTRICTIONS TO ALLOW THE, UH, PROPERTY TO OPERATE UNDER THE, UH, STANDARD, UH, BASE CODE REGULATIONS OF A COMMUNITY RETAIL DISTRICT. IT'S APPROXIMATELY 31,000 SQUARE FEET IN TOTAL SIZE. UH, SO ONCE AGAIN, THE APPLICANT IS, IS PROPOSING TO REMOVE THE, UH, TERMINATE THE EXISTING DE RESTRICTIONS, UH, WITH THE INTENT TO, UH, DO CONSTRUCTION OF A NEW SHOPPING CENTER, UM, THAT HAS A CONVENIENCE CENTER, UH, I'M SORRY, CONVENIENCE STORE AND GAS STATION. UM, THE, THE PROPOSAL WILL HAVE ABOUT, UH, 7,700 SQUARE FEET OF BUILDING. UH, THE BUILDING HEIGHT IS SUPPOSED TO BE, UH, 36 FEET, UH, 36 FEET, THREE HUNDREDS IN TOTAL, UH, HEIGHT. UH, JUST A QUICK BACKGROUND ON THE D RESTRICTIONS. SO Z 8 34 DASH 29 4 WAS ESTABLISHED, UH, FEBRUARY 13TH, 1985 AND ENFORCED TO RESTRICT THE, UH, SUBJECT PROPERTY FROM THE FOLLOWING USES, WHICH ARE GENERAL RETAIL AND CONVENIENCE STORE AND GAS STATION. UM, SO WITHIN THE D RESTRICTIONS, IT SAYS THAT IT SHALL BE IN EFFECT FOR A TIME PERIOD OF 25 YEARS WITH AUTOMATIC, UH, 10 YEAR EXTENSIONS. UH, THERE'S BEEN ONE ZONING CASE IN THAT IMMEDIATE AREA IN THE LAST FIVE YEARS, AND THERE HAVE BEEN NO CHANGES TO THIS CASE SINCE THE LAST TIME WE HEARD IT AT FEBRUARY 6TH HEARING. HERE'S OUR LOCATION MAP. THIS IS THE AERIAL MAP. SO IT IS TWO, UH, TWO PROPERTIES, AND I BELIEVE THAT THE APPLICANT IS LOOKING TO COMBINE IT INTO ONE BEFORE DOING THEIR CONSTRUCTION. HERE'S OUR ZONING MAP WITH THE SURROUNDING USES. SO AGAIN, THE PROPERTY IS ALREADY ZONED, UH, COMMUNITY RETAIL, BUT IT HAS THOSE EXISTING D RESTRICTIONS ON IT TO THE NORTH. THERE'S MULTIFAMILY AS WELL AS, UH, CR AND EXISTING SUP 1324 TO THE EAST IS SINGLE FAMILY, UH, TO THE SOUTH AND WEST IS ALSO SINGLE FAMILY. IT'S R SEVEN FIVE, A SINGLE FAMILY. UM, HERE WE HAVE IMAGES OF THE PROPERTY. THIS IS ON BRUTON ROAD LOOKING SOUTH. UH, SAME LOCATION LOOKING EAST. UH, SAME LOCATION, LOOKING NORTH TO THOSE MULTI-FAMILY, UH, RESIDENCE, UH, RESIDENTIAL ADJACENCIES. THIS IS LOOKING WEST TO THE INTERSECTION. UH, JUST A QUICK, UH, DEVELOPMENT STANDARDS COMPARISON. SO, UM, AGAIN, EVERYTHING WILL BE REMAINING THE SAME. THE APPLICANT IS ONLY PROPOSING TO TERMINATE THE EXISTING D RESTRICTIONS, WHICH WOULD ALLOW, UH, CERTAIN USES ON THAT PROPERTY. AGAIN, I, I THINK THE APPLICANT CAN GO THROUGH THIS, UM, A LITTLE BIT BETTER THAN I CAN LATER TODAY, UM, IF THEY'RE HERE, BUT THEY JUST PROVIDED A QUICK ELEVATION OF THEIR, UM, THEIR INTENTION OR THEIR IDEA FOR, FOR THEIR DEVELOPMENT. UH, HERE'S THE, UH, I BELIEVE THIS IS THE LANDSCAPE PLAN THAT THEY HAVE PROVIDED. AND THEN, UH, RENDERING, UH, SO A COUPLE OF, UH, QUICK ANALYSIS AND, AND CHALLENGES. IF THE D RESTRICTIONS ARE REMOVED, UM, THE PROPERTY WILL NEED TO MAKE SURE THAT THEY ARE MEETING REQUIREMENTS UNDER THE REGULAR, UH, UH, CR DISTRICT ZONING. SO THAT'S REGARDING SETBACKS, BUFFERS, UM, AND ANYTHING ELSE THAT THEY ARE REQUIRED TO MEET UNDER THE BASE, UH, CR ZONING. UM, APPLICANT WILL NEED TO CONSIDER, UH, THE, UH, THE RESIDENTIAL ADJACENCIES, UM, HOW TO HONOR THEM, [00:35:01] UH, WITH THE NEW CONSTRUCTION IF THE D RESTRICTIONS ARE REMOVED AND THEY ARE ALLOWED TO, UM, MOVE FORWARD WITH THEIR DEVELOPMENT. UH, THERE ARE SIMILAR, UH, USES IN THE AREA, HOWEVER, THIS, UH, PROPERTY, UH, HAS THE OPPORTUNITY TO SET A STANDARD FOR DEVELOPMENT WITH THEIR, UH, PROPOSAL. UM, I KNOW THAT WE DO HAVE, UH, CONVENIENCE STORE GAS STATIONS. WE SEE THOSE A LOT. BUT THIS, UH, THIS APPLICANT IS LOOKING TO DO SOMETHING DIFFERENT IN TERMS OF, UH, DESIGN STANDARDS. UH, THE LOCATION OF THE PROPOSAL IS COMPATIBLE. UM, AGAIN, THERE, THERE ARE, IT WOULD BE SERVICING, UH, THE RESIDENTIAL ADJACENCIES IN THE IMMEDIATE AREA. SO STAFF RECOMMENDATION IS APPROVAL. THANK YOU, SIR. QUESTIONS? COMMISSIONER CARPENTER? YES, MR. CLINTON, THE, UH, EXISTING DEED RESTRICTIONS, UH, ITEM NUMBER THREE SAYS IF A BUILDING IS ERECTED ON THE PROPERTY, A CONCRETE OR MASONRY SCREENING FENCE, NOT LESS THAN SIX FEET IN HEIGHT, MUST BE ERECTED AT OR NEAR THE SOUTHERN PROPERTY LINE. THAT GOES ON TO SAY THAT A SIMILAR ONE IS REQUIRED ON THE EAST. WAS THAT EVER BUILT? I CAN'T TELL FROM THE AERIALS. SO THERE IS A FENCE SURROUNDING THE ENTIRETY OF THE EAST, SOUTH, AND WEST PORTIONS OF THE SITE. UM, IS IT MASONRY? YEAH, IT IS A LITTLE BIT HARD TO SEE. UM, NO, IT, IT, IT LOOKS TO BE JUST WOOD FENCING. OKAY. SO IT'S NOT IN COMPLIANCE WITH THE DEED RESTRICTIONS NOW? CORRECT. ALRIGHT, THANK YOU. COMMISSIONER HALL. MR. CLINTON, DID YOU, DID YOU SAY IN YOUR PRESENTATION THAT ORIGINAL DEED RESTRICTIONS WERE ESTABLISHED IN 1985? THAT'S CORRECT. AND I'M JUST LOOKING AT YOUR OVERVIEW THERE. I'M ASSUMING THAT WAS DONE TO SORT OF PROTECT SINGLE FAMILY NEIGHBORHOODS? I CAN'T SPEAK TO ANYTHING THAT HAPPENED BEFORE I, MY TIME HERE. OH, OKAY. ALRIGHT. I WAS JUST SORT OF CURIOUS. UM, THERE IS COMMERCIAL DEVELOPMENT TO THE NORTHEAST OF THIS SITE. MM-HMM . AND ALSO TO IMMEDIATELY TO THE, I MEAN THE NORTHWEST AND THEN, UH, ALSO TO THE WEST, IF THAT WAS AFTER 1985 OR, OR WHATEVER. SO MAYBE WE CAN ASK THE APPLICANT THE QUESTION. THANK YOU. SURE. MR. CLINTON, CAN YOU GO BACK TO THE AERIAL? THAT'S A GOOD ONE. UH, DO YOU KNOW WHAT THE, THE DEPTH OF THE, THE LOT IS FROM THE STREET TO THE NEIGHBORING HOMES THERE ON THE BACK? I'M SORRY? THE, THE DEPTH, THE DEPTH FROM, FROM THE STREET TO THE, TO THE ADJACENT HOMES? YEAH. I KNOW IT'S A HARD QUESTION. WHY WOULD YOU KNOW THAT, BUT ANY IDEA? IT'S KIND OF A TIGHT, SMALL LITTLE LOT. I, UH, FROM THE STREET TO THE ACTUAL, WHEN I WAS OUT THERE DOING THE SITE VISIT, I COULD SAY APPROXIMATELY FIVE TO SIX FEET. IT WAS A COMFORTABLE WIDTH FROM THE ACTUAL ROAD TO THE, UM, NO, NO, I'M TALKING FROM, FROM THE DEPTH OF THE LOT. OH, I'M SORRY. THE DEPTH OF THE LOT. MY, MY APOLOGIES. UM, YEAH, THE DEPTH OF THE LOT. UM, I DON'T HAVE THAT OFF HAND, BUT I CAN GET THAT. OKAY. WELL, I'LL LOOK IT UP ON GOOGLE. AND WHAT ABOUT THE, THE HOMES THAT ARE RIGHT BEHIND THE PROPERTY? DO YOU KNOW WHAT THAT'S R SEVEN FIVE. R FIVE. SORRY, ONE MORE TIME. WHAT'S THE, WHAT'S THE DEPTH OF THOSE LOTS? UH, I DON'T HAVE THAT, NO? YEAH. OKAY. I'LL LOOK THEM UP. I, UH, I THINK THE APPLICANT HAD TALKED ABOUT, UH, THE GOAL OF PUTTING A, A GAS STATION HERE. YES. OKAY. MM-HMM . PERFECT. THANK YOU. ANY OTHER QUESTIONS? COMMISSIONERS? WE, WE WILL KEEP GOING. UH, NUMBER 14 WILL BE HELD UNDER ADVISEMENT UNTIL THREE 20. TAKES US TO NUMBER 15 AND 15 IS CASE Z 2 34 DASH 2 68. [00:40:02] IT'S AN APPLICATION FOR AN AMENDMENT TO DEED RESTRICTIONS Z 0 4 5 DASH 2 39 ON PROPERTY ZONE IN R 10, A SINGLE FAMILY DISTRICT LOCATED ON THE NORTHEAST LINE OF MIDDLEFIELD ROAD SOUTHEAST. SO SOUTHEAST OF BICENTENNIAL LANE, APPROXIMATELY 22.8 ACRES IN SIZE. LOCATED HERE FAR SOUTHEASTERN PART OF THE CITY, I BELIEVE KIND OF NEAR KLEBERG RILEY. UH, HERE'S THE AERIAL MAP SHOWING THE, UH, MAY NEED TO UPDATE THIS. UH, THE ORIGINAL AREA OF REQUEST INCLUDED A WHOLE BUNCH OF THIS SUBDIVISION HERE. THE APPLICANT SINCE REVISED IT TO ONLY INCLUDE THE AREA THAT HAS NOT BEEN, UM, PLATTED. UH, SO EVERYTHING THAT'S BEEN DEVELOPED HERE IS OUTSIDE OF THE AREA OF REQUEST. NOW, UH, THE ZONING MAP AS WE SEE HERE, IT IS LARGELY THERE'S A LOT OF UNDEVELOPED TO THE NORTH AND TO THE EAST FOR THE MOST PART, UH, WITH AA AGRICULTURAL ZONING. THE SITE IN GENERAL, THERE'S SINGLE FAMILY ALREADY EXISTING THERE, THERE'S SINGLE FAMILY NEARBY, UH, BUT VERY MUCH CHARACTERISTIC OF THIS PART OF DISTRICT A, A VERY, UH, SORT OF, UH, PASTORAL AREA. THE APPLICANT TENDS TO REMOVE SOME, UH, CONDITIONS FROM THE DEED RESTRICTIONS, INCLUDING A REQUIREMENT FOR CERTAIN BUILDING MATERIALS ON THE FACADE, WHICH IS ACTUALLY NO LONGER ENFORCEABLE. AND THEY WANT TO AMEND SOME REQUIREMENTS AROUND MINIMUM SQUARE FOOTAGE FOR SINGLE FAMILY HOMES. THIS IS A PHOTO OF THE AREA. AGAIN, THIS IS OUTSIDE OF THE AREA OF REQUEST NOW, BUT JUST TO GIVE AN IDEA OF WHAT THE DEVELOPMENT LOOKS LIKE, THIS IS ON CHESTNUT OAK DRIVE. AND SO WE SEE IT'S GENERALLY, YOU KNOW, YOUR R 10, 10,000 SQUARE FOOT LOTS, UH, TYPICAL SIZE HOUSES IN, UH, THIS AREA. AND HERE, AS YOU CAN SEE IN THE BACKGROUND, THAT'S WHERE THE EXISTING DEVELOPMENT PETER'S OUT AND WHERE THE NEW DEVELOPMENT WOULD BE GOING. SO TO GO OVER THE EXISTING AND PROPOSED CONDITIONS FIRST, AGAIN, THE FACADES THAT WAS MENTIONED, UH, RIGHT NOW THERE'S A MINIMUM OF 84 5% OF TOTAL FACADES OF EACH DWELLING UNIT. AND ANYTHING FACING THE STREET MUST BE THESE MATERIALS. BECAUSE OF A STATE LAW. THIS IS ACTUALLY NO LONGER ENFORCEABLE. SO THE APPLICANT AS PART OF THIS REQUEST IS TO JUST GO AHEAD AND STRIKE IT OUT OF THE DEED RESTRICTIONS. UH, THERE'S ALSO THIS EXISTING CONDITION ABOUT MINIMUM FLOOR AREA. SO RIGHT NOW, ANY SINGLE FAMILY DWELLING, UH, IT MUST BE AT LEAST 1600 SQUARE FEET IN SIZE. AND NO MORE THAN 50% OF THE TOTAL NUMBER OF THE SINGLE FAMILY DWELLING UNITS MAY BE BETWEEN 1600 AND 1800 SQUARE FEET. UH, THE REPORT WAS PUBLISHED A AFTER OR BEFORE SOME FINAL, UH, CHANGES WERE MADE BY THE APPLICANT BASED ON COMMUNITY FEEDBACK. UH, SO WHAT'S IN THIS PRESENTATION HERE IS DIFFERENT FROM THE REPORT. THIS IS WHAT THE APPLICANT INTENDS TO READ INTO THE RECORD TODAY. UH, BUT WHAT THEY'RE PROPOSING IS THAT THE MINIMUM FLOOR AREA BE REDUCED TO 1,440 SQUARE FEET. ADDITIONALLY, THEY SPECIFY THAT NO MORE THAN 20 UNITS MAY HAVE A FLOOR AREA BETWEEN 1,440 AND 1600 SQUARE FEET AND RETAINING THAT, NO MORE THAN 50% OF TOTAL UNITS MAY HAVE FLOOR AREA BETWEEN 1600, 1800 SQUARE FEET STAFF'S. RECOMMENDATION IS APPROVAL IS BRIEFED. COMMISSIONERS QUESTIONS? UH, JUST A A REAL QUICK QUESTION. UH, CAN YOU GO BACK TO THE PRIOR SLIDE? UH, THE, THE LAST BULLET STATES THAT NO MORE THAN 50% OF THE TOTAL UNITS MAY HAVE A FLOOR AREA BETWEEN 1,618, 1600 AND 1800 SQUARE FEET. IS IT ANTICIPATED THAT THE REMAINING 50% WOULD BE 1800 OR MORE SQUARE FEET? UH, MY UNDERSTAND, MY READING OF THIS IS THAT IF, YEAH, IT WOULD HAVE TO BE 50% WOULD'VE TO BE, UH, OVER THAN 18, OVER 1800 SQUARE FEET. UH, YOU WOULD HAVE 20 UNITS THAT CAN BE BETWEEN THE 1440 AND 1600. UM, AND THEN OUT OF THAT, YOU WOULD'VE SOME REMAINDER WHERE YOU COULD HAVE UP TO HALF OF THEM BEING BETWEEN 16 AND 1800. UH, AND THEN EVERYTHING ELSE WOULD HAVE TO BE OVER 1800 SQUARE FEET. UH, DO YOU KNOW WHAT THE ABSOLUTE NUMBER IS? UH, I DO NOT. UH, THE APPLICANT WOULD HAVE MORE INFORMATION ON THE AMOUNT OF UNITS THEY WANNA BUILD. AND, AND JUST FOR THE RECORD, UH, THE, THE D RESTRICTION IS ONLY DICTATING, UH, THE SIZE OF THE HOME, BUT THE PLAT ITSELF WILL REMAIN, THE R 10 IS 10,000 SQUARE FEET. THAT'S CORRECT. CORRECT. SO WHEN THEY GO FOR, UH, I DON'T KNOW IF IT'S BEEN RE PLATTED YET. UH, WHEN I BUILT UP THE REPORT, UM, IT LOOKED LIKE IT WAS STILL JUST ONE LARGE LOT, BUT WHEN THEY GO TO PLATTING, THEY WILL USE THE R 10 A ZONING DISTRICT REGULATIONS, WHICH WILL REQUIRE A 10,000 SQUARE FOOT MINIMUM LOT. THANK YOU, MR. BATES. THANK YOU. THANK YOU, SIR. COMMISSIONER HALL, MY APOLOGIES IF I MISS THIS. [00:45:01] THESE ARE SINGLE FAMILY DETACHED HOMES? YES. OKAY. THANK YOU. ANY OTHER QUESTIONS ON THIS ITEM? OKAY, GO TO NUMBER 16 PLEASE. ITEM 16 IS CASE Z 2 3 4 DASH 3 31 IS AN APPLICATION FOR AN MF ONE, A MULTIFAMILY DISTRICT ON PROPERTIES OWNED IN R 7.5, A SINGLE FAMILY DISTRICT ON THE NORTH LINE OF FOREST LANE, EAST OF STRADER ROAD, APPROXIMATELY 7,800 SQUARE FEET IN SIZE, UH, LOCATED HERE IN THE NORTH NORTHERN SECTION OF THE CITY. AND, UH, THE HAMILTON PARK SUBDIVISION. UH, THIS IS THE AERIAL MAP SHOWING THE SUBJECT SITE ALONG FOREST LANE. UH, THIS IS THE ZONING MAP, UH, SHOWING THE SURROUNDING AREA. SO THERE'S AN INTERESTING MIX OF DISTRICTS HERE. UH, WITHIN THE HAMILTON PARK SUBDIVISION, YOU HAVE THE R 7.5 A ZONING, UH, WHICH IS DEVELOPED WITH SINGLE FAMILY IMMEDIATELY TO THE WEST. YOU HAVE A CR COMMUNITY RETAIL DISTRICT THAT CURRENTLY HAS A RESTAURANT AND POST OFFICE A LITTLE FURTHER WEST OF, THERE IS, I BELIEVE MU THREE WITH A MIX OF I OF OFFICES IN RETAIL IMMEDIATELY TO THE SOUTH. ACROSS FOREST LANE IS THE DART STATION, THE FOREST LANE STATION. THEN SOUTH, THERE'S MU THREE TO THE EAST IS, UH, THE IR, UH, INDUSTRIAL RESEARCH DISTRICT, WHICH IT'S UNDEVELOPED. IT'S PART OF THE TI UH, I BELIEVE IT'S PART OF THE TI CAMPUS OVERALL, IT'S JUST UNDEVELOPED. AND THEN TO THE SOUTHEAST IS AN R 10 A, UH, DISTRICT WITH A MIX OF SINGLE FAMILY AND A VACANT SITE CURRENTLY DEVELOPED WITH A SINGLE STORY, SINGLE FAMILY HOUSE. UH, THE APPLICANT PROPOSES DEVELOPING A SITE WITH MULTIFAMILY, AND AS SUCH, REQUESTS AN MF ONE, A MULTIFAMILY DISTRICT. HERE WE'RE ON FOREST LANE LOOKING NORTH, THEN TO THE NORTHEAST EAST, THEN TO THE SOUTHEAST TOWARDS THE DART STATION TO THE SOUTH, THE SOUTHWEST TO THE WEST, AND TO THE NORTHWEST. LOOKING AT THE SITE, UH, HERE'S A COMPARISON TO THE DEVELOPMENT STANDARDS. SO THERE'S A LOT OBVIOUSLY CHANGING HERE OR THAT WOULD BE CHANGED. UH, THE MAIN THINGS ARE YOUR FRONT SETBACKS, YOUR SIDE AND REAR SETBACKS. AND THEN OF COURSE THE ALLOWABLE USES. UH, THERE'S A LOT TO TAKE IN HERE ON THIS SLIDE, BUT THERE ARE SOME MAJOR CAVEATS THAT I WOULD POINT OUT WITH THE FRONT YARD SETBACK. THE BLOCK FACE CONTINUITY REQUIREMENT WOULD ACTUALLY IMPOSE A 25 FOOT FRONT YARD SETBACK, UH, IN ORDER TO REMAIN CONGRUENT WITH THE, UH, SURROUNDING HOUSES. UH, THE MAXIMUM HEIGHT, WHILE IT IS 36 FEET RPS DOES APPLY HERE. YOU HAVE R WITH R 7.5 ALL AROUND IT. THE RPS WOULD PROJECT OVER THAT AND EFFECTIVELY LIMITED TO 26 FEET IN HEIGHT, WHICH WOULD BE LOWER THAN THE 30 FOOT HEIGHT ALLOWED BY OUR 7.5 LOT COVERAGE IS SLIGHTLY, UM, INCREASED WITH MF ONE AS COMPARED TO R 7.5, 60% VERSUS 45%. UH, THERE'S ALSO SOME DIFFERENCES IN THE MINIMUM LOT SIZES, OF COURSE, WITH MF ONE, IF THEY WERE TO DEVELOP WITH A SINGLE FAMILY OR DUPLEX IN THE MINIMUM LOT AREAS, ONLY 3000 SQUARE FEET. AND THEN FOR MULTIFAMILY, UH, THE THAT'LL VARY BASED ON THE DEVELOPMENT OR THE UNITS THAT ARE PUT IN THERE. UH, BUT IT'S A MINIMUM OF 1400 SQUARE FEET, ONE BEDROOM, 1800 SQUARE FEET FOR TWO BEDROOM, 1000 FOR A STUDIO. UH, IN TERMS OF THE ANALYSIS HERE AND HOW WE KIND OF LOOKED AT THIS, THERE ARE CERTAIN THINGS IN FAVOR OF THE REQUEST AND FOR STAFF'S RECOMMENDATION. ONE IS THAT THE AREA OF REQUEST IS IN CLOSE PROXIMITY TO DART AND AS WELL AS SERVICES AND AMENITIES. AND IT IS SERVED BY A MAJOR THOROUGHFARE. AND THE DEVELOPMENT STANDARDS GREATLY RESTRICT THE BUILDING ENVELOPE DUE TO THE SETBACK REQUIREMENTS. UH, THE HEIGHT REQUIREMENTS OR THE RPS AND PARKING REQUIREMENTS, THIS WAS A LARGER, WHEN YOU HAVE A LARGER LOT THAT'S NOT SURROUNDED BY R 7.5 A, YOU'RE ABLE TO KIND OF MAX OUT THAT ENVELOPE A LITTLE MORE. UH, WHEN YOU DO HAVE A DISTRICT LIKE THIS THAT IS SURROUNDED BY SINGLE FAMILY, IT IS GONNA IMPOSE THAT RRP S WHICH LOWERS THE HEIGHT THAT'S ALLOWED, UH, YOUR PARKING REQUIREMENTS ARE GONNA TAKE UP A CERTAIN AMOUNT OF SPACE. UH, SO OVERALL, YOU KNOW, IF YOU WERE TO DO A STRAIGHT ESTIMATE OF IF IT WAS 7,000 SQUARE FOOT LOT 1000 FOR STUDIO, YOU KNOW, ON PAPER THAT WOULD SAY SEVEN STUDIOS. BUT THE REALITY IS WHEN YOU FACTOR IN THE SETBACKS, WHEN YOU FACTOR IN THE PARKING, UH, IT WOULD LIMIT THE TOTAL NUMBER OF UNITS THAT COULD BE BUILT. UH, THE SITE IS WITHIN THE DISTRICT 10 LAND USE STUDY, UH, FOCUS AREA TWO, WHICH IS THE FOREST LBJ CENTRAL TRIANGLE. UH, THE LAND USE STUDY IN THAT GENERAL AREA, IT DOES CALL FOR WHAT IT'S CALLED AN URBAN NEIGHBORHOOD WITHIN THE AREA. UH, SPECIFICALLY DID NOT CALL FOR HIGH RISE DEVELOPMENT WITHIN THE AREA. UH, IT DOES CALL FOR THE PRESERVATION OF HAMILTON PARK. AND SO THIS IS WHERE THERE'S A BIT OF, I THINK, CONFLICT IN WHAT IS PRESENTED IN THE D 10 LAND USE STUDY. UH, WE DO FIND THAT THOUGH THE MULTIFAMILY IS A DEVIATION FROM SINGLE FAMILY IN TERMS OF HOW MANY DWELLING UNITS WOULD BE ON A LOT, UH, THE ALLOWABLE BUILDING ENVELOPE OVERALL WOULD BE LESS THAN WHAT CAN BE BUILT BY RIGHT, UH, IN R 7.5 TODAY. [00:50:01] UH, SUCH STAFF'S RECOMMENDATION AS APPROVAL QUESTIONS. COMMISSIONER , UH, MR. BATE, WHEN YOU SAY THE ALLOWABLE BUILDING ENVELOPE WOULD BE LESS THAN THAT ALLOWED IN R SEVEN FIVE, THAT'S JUST A, A FACTOR OF THE, UH, RESIDENTIAL PROXIMITY SLOPE? RIGHT? IT WOULD BE PARTLY, OR MOSTLY BECAUSE OF THE RPS. UM, AND THEN I BELIEVE THE SETBACKS, THERE ARE CERTAIN REQUIREMENTS IN THERE WHERE, WHEN IT'S, WHEN MF ONE IS ADJACENT TO R 7.5 A. OKAY. YEAH, UH, THERE ARE SOME ADDITIONAL SETBACKS THAT ARE IMPOSED, IF I CAN PULL THAT BACK UP. UM, SO FOR MULTIFAMILY, FOR INSTANCE, THERE'S A 10 FOOT SIDE AND A 15 FOOT REAR SETBACK AS OPPOSED TO R 7.5, WHICH IS A FIVE FOOT SETBACK. YEAH. OKAY. UM, MR. BATE, ARE YOU AWARE THAT, UH, WE HAD A COMMUNITY MEETING, UH, THAT WAS VERY WELL ATTENDED ON FEBRUARY 20TH AND THAT THERE'S A NUMBER OF CONCERNS THAT NEIGHBORHOOD HAS ABOUT THIS CASE? AND, UM, DID YOU KNOW THAT WE EXPECT A LITTLE BIT OF A CROWD THIS AFTERNOON ON THIS? I CERTAINLY DO, YES. THANK YOU. COMMISSIONER HALL, MR. BAT, WHAT DOES MULTIFAMILY MEAN HERE? MULTIFAMILY IS DEFINED IN OUR CODE IS THREE OR MORE DWELLING UNITS ON A SINGLE LOT. YOU COULD HAVE A, IN OUR LAY TERMS AS WE'VE, I THINK SEEN THROUGHOUT THE DISCUSSION WITH FORWARD DALLAS 2.0, 2.0 AND WHATNOT, UH, THERE'S A LOT OF TERMS THAT COME OUT. YOU KNOW, YOUR PLEXES, FOURPLEXES, UH, MISSING MIDDLE, WHAT HAVE YOU. UH, THESE ARE ALL TERMS THAT WE USE, I THINK DAY TO DAY IN A COLLOQUIAL MANNER. BUT, UH, THE WAY THAT OUR CODE DEFINES MULTIFAMILIES SIMPLY DO YOU HAVE THREE OR MORE DRAWING UNITS ON A SINGLE LOT? UM, SO WHETHER IT'S A TRIPEX OR A, I MEAN, THAT'S NOT WHAT YOU COULD BUILD HERE, BUT I WAS GONNA SAY A 400 UNIT HIGH RISE APARTMENT, THOSE WOULD BOTH BE CONSIDERED MULTIFAMILY WITHIN THE CODE. UM, SO ALL THAT TO SAY IS, IN THIS CASE, MULTIFAMILY, IT WOULD MEAN THREE OR MORE DWELLING UNITS ON THIS LOT. UH, THE APPLICANT HAS SAID THAT HIS DESIGN, WHAT HE'S INTENDING TO DO WOULD BE FOUR DWELLING UNITS. UM, AND AGAIN, BASED, IT'S HARD TO, IT'S HARD TO SAY EXACTLY WITHOUT LOOKING AT A SITE PLAN. UM, BUT I THINK GIVEN THE CONSTRAINTS IMPOSED BY YOUR SETBACKS, YOUR PARKING REQUIREMENTS, IT WOULD BE PRETTY DIFFICULT, I THINK TO BUILD MORE THAN FOUR UNITS ON THE LOT. UH, SO WE DON'T KNOW EXACTLY YET. DO, DO YOU HAVE ANY IDEA, ARE THESE GONNA BE ATTACHED OR DETACHED OR, UM, IT WOULD BE ATTACHED. ATTACHED, YES. OKAY. THAT MAKES, THAT WOULD MAKE SENSE. IS THIS CONSIDERED TRANSIT ORIENTED DEVELOPMENT? IT IS WITHIN THE, UH, THE HALF MILE RADIUS OF A DART STATION. UH, TRANSIT ORIENTED DEVELOPMENT. I DON'T KNOW IF WE NECESSARILY HAVE A, UH, A FIXED TERM, UH, HERE, BUT, UH, IT IS, I WOULD CONSIDER IT AT LEAST LIGHT TOD IN THE SENSE THAT IT IS, WE GENERALLY HAVE THE CITY'S POLICY OF WANTING TO PROMOTE DENSER DEVELOPMENT WITHIN PROXIMITY OF TRANSIT STATIONS. IN THIS CASE, YOU ARE RIGHT ACROSS THE STREET FROM A DART LINE AND DART STATION, I SHOULD SAY. UM, YOU DO HAVE AT LEAST SOME RETAIL, IT'S WALKABLE. I THINK THAT'S PART OF TOD AS WELL AS IT'S NOT JUST THAT YOU'RE NEXT TO A TRANSIT STATION, BUT THAT YOU HAVE SOME OTHER AMENITIES WHERE, YOU KNOW, IT REDUCES THE RELIANCE ON A MOTOR VEHICLE FOR EVERY SINGLE TRIP. UM, I WOULD CONSIDER IT LIGHT TOD. OKAY. IS THE HOUSE CURRENTLY OCCUPIED OR UNOCCUPIED? UM, I KNOW THE HOUSE IS OWNED BY THE APPLICANT. I BELIEVE HE LIVES THERE NOW, BUT, UH, HE WOULD BE ABLE TO BETTER ANSWER THAT. OKAY. UH, I MADE A NOTE HERE. IT'S GOING TO BE, WELL, ONE FINAL THING. WOULD THIS BE SORT OF AN INFIELD INFILL? UM, IT WOULD BE A SORT OF INFILL, IT IS AN EXISTING SITE, SO IT'S NOT LIKE A GREENFIELD INFILL DEVELOPMENT MM-HMM . UH, BUT I WOULD CONSIDER IT A, AN INFILL BUILDING IN TERMS OF, UH, INCREASING THE DENSITY WITHIN AN EXISTING, UH, WITHIN AN EXISTING SUBDIVISION. GRANTED ON THE, I WILL SAY IT IS ON THE PERIPHERY OF IT ALONG FOREST LANE AS OPPOSED TO FURTHER WITHIN THE SUBDIVISION. UM, I DO FIND THAT'S AN IMPORTANT, UH, CONSIDERATION THERE WITH STAFF'S RECOMMENDATION. I, I MADE A NOTE THAT SAID IT IS GOING TO BE INTERESTING TO SEE WHAT THE COMMISSIONER FOR THIS DISTRICT COMES UP WITH. . CERTAINLY. THANK YOU. COMMISSIONER FORESIGHT. THE CASE REPORT STATED THAT THERE WOULD BE A MAXIMUM OF THREE UNITS, BUT I JUST HEARD IN YOUR RESPONSE TO COMMISSIONER HALL, YOU SAID THE DEVELOPER IS PROPOSING FOUR UNITS. SO IS HE PROPOSING FOUR UNITS OR THREE UNITS? UH, HE IS PROPOSING FOUR UNITS, AND THAT MAY HAVE BEEN A, UH, AN OVERSIGHT IN THE REPORT. UM, THE, AGAIN, IT IS A LITTLE HARD TO SAY FOR CERTAIN THE MAX, UH, THE MAX UNITS THAT CAN BE BUILT IN THERE WITHOUT HAVING A FULL SITE PLAN REVIEW. THAT'S NORMALLY DONE AT PERMITTING. UH, BUT I WOULD, I WOULD GIVE A CONFIDENT, A, A FAIRLY CONFIDENT ESTIMATE THAT FOUR UNITS WOULD [00:55:01] BE THE MAX THAT'S REALLY POSSIBLE TO BUILD THERE. GIVEN THE BUILDING SITE CONSTRAINTS. THE CASE REPORT INDICATES THAT THE, UH, THE PROPERTY WIDTH IS 65 FEET. SO IS THERE A SITE PLAN? I, YOU KNOW, IN TERMS OF HOW, YOU KNOW, THE INGRESS AND EGRESS IS GOING TO BE, AND THE PARKING'S GONNA BE FOR THIS, UH, WE HAVE NOT RECEIVED ANY SITE PLAN FOR THE, UH, FOR THIS DEVELOPMENT. UM, AS PART OF THE GENERAL ZONING CHANGES, SITE PLANS AREN'T REQUIRED. AND SO APPLICANTS TYPICALLY DON'T, UM, THEY DON'T PUT THEM TOGETHER, AT LEAST, CERTAINLY NOT TO THE LEVEL OF DETAIL THAT WE SEE WITH A PD OR AN SUP, UH, THAT IS SOMETHING THAT WOULD NEED TO BE RESOLVED, UM, AT THE PERMITTING STAGE. COMMISSIONER HALL, PLEASE SECOND AROUND ONE FINAL QUESTION, I PROMISE. UH, IF THERE, IF THERE ARE FOUR UNITS, IT WILL ACCOMMODATE PARKING FOR IT. IT WOULD HAVE TO, IS, IS HOW I WOULD ANSWER THAT. UM, WITH FOUR UNITS, UH, WITH MF, ONE YOU WOULD NEED, YOU NEED ONE UNIT PER, OR ONE SPACE PER UNIT. AND THEN I BELIEVE, UH, IT'S A QUARTER OF GUEST PARKING PER UNIT. UH, SO AGAIN, THAT'S SORT OF, IT'S WHEN IT COMES TO SORT OF, I GUESS YOU COULD SAY PREDICTING OR ESTIMATING THE DWELLING UNITS AND WHATNOT, YOU GET INTO SORT OF A, UH, AS YOU AS, AS YOU, AS YOU ADJUST ONE PARAMETER, IT'LL AFFECT OTHER PARAMETERS. SO IN THIS CASE, UH, IF THEY WANTED TO DO FOUR DWELLING UNITS, THEY WOULD NEED TO MEET THOSE MINIMUM PARKING REQUIREMENTS. UM, I THINK THAT WOULD RESULT IN FIVE OFF STREET PARKING SPACES. SO ONE FOR DWELLING UNIT, IF I'M NOT MISTAKEN, I'M PULLING UP THE PARKING RIGHT NOW, BUT IF IT'S A QUARTER PER, PER, UH, A QUARTER OF GUEST PARKING PER UNIT, THAT WOULD BE FIVE PARKING SPACES TOTAL. AND SO THAT WOULD SORT OF DICTATE EITHER THE BUILDING ENVELOPE OR THE DWELLING UNIT ENVELOPE BASED ON HOW MUCH PARKING THERE IS. OR IT MIGHT FORCE YOUR HAND AND SAY, WELL, I CAN'T FIT THAT MUCH PARKING AND FOUR DWELLING UNITS, SO WE'LL HAVE TO GO DOWN TO THREE DWELLING UNITS, UM, THREE DWELLING UNITS, OR EVEN MAYBE TWO. IT'LL KIND OF DEPEND ON HOW THAT ALL PANS OUT. ALRIGHT, THANK YOU COMMISSIONER HERBERT? YEAH, I NOTICED, UM, UH, DOES BLOCK CONTINUITY WORK FOR THIS PROJECT, UM, SEEING THAT THERE'S A HUGE PUNCH OUT NEXT DOOR. AND THEN, UM, ON THE OTHER SIDE THERE'S THE TRADITIONAL BLOCK CONTINUITY FOR THE REST OF THE BLOCK. WILL, WILL THAT, UH, INTERFERE OR, UM, COME INTO PLAY IN THIS DEVELOPMENT? SO WITH THE BLOCK FACE CONTINUITY, UM, THE WAY IT'LL WORK IS THAT, UH, SHOWING HERE YOU'RE ON THE ZONING MAP. SO THIS, THIS IS AN ENTIRE BLOCK RIGHT HERE IT GOES, I BELIEVE, JUST BASED ON YOUR STREET INTERSECTIONS. SO HERE'S SCHRADER LANE, UH, WHERE YOU HAVE THE CR DISTRICT, THE COMMUNITY RETAIL DISTRICT, AND THEN, UH, EAST OF SCHRADER LANE IS THE R 7.5. SO ALL ALONG HERE YOU CAN SEE MY CURSOR ALL ALONG HERE ON THIS BLOCK. THE, UH, THE FRONT, THE LARGEST FRONT YARD SETBACK IS THAT 25 FOOT, WHICH IS OUR 7.5. SO IF THIS WERE TO, IF THIS PARCEL WERE REZONED TO MF ONE, THEN IT WOULD BE, IT WOULD HAVE THAT 25 FOOT FRONT YARD SETBACK IMPOSED. SO IT'S ALL ALONG HERE FROM WHERE MY CURSOR IS HERE. GOING DOWN TO, UH, A LITTLE BIT PAST HERE, THE, THE PUNCH OUT THAT EXISTS, WILL THEY BE ABLE TO CREATE THAT SORT OF SAME PUNCH OUT AND FIT THE BLOCK FACE CONTINUITY? 'CAUSE IN MY RESEARCH OR THE, THE PURPOSE WAS SO THAT PEOPLE CAN COME OUT ON THEIR FRONT YARD, LOOK LEFT AND RIGHT, AND SEE OTHER PEOPLE ON THEIR FRONT YARD. THAT'S NOT THE CASE ANYMORE BECAUSE OF THIS PROJECT, OR NOT THIS PROJECT, BUT THE ONE NEXT DOOR, HOW ARE WE PROTECTING THESE NEIGHBORS FROM, UM, CONTINUING THAT FROM HAPPENING? SO JUST TO UNDERSTAND, ARE YOU REFERRING TO LIKE THESE WITH THE DRIVEWAYS HERE SO THAT THEY CAN SEE AS THEY'RE, UM, EXITING ON A FOURTH LANE FROM THIS VIEW? YOU CAN SEE THESE PEOPLE'S DRIVEWAY MM-HMM . THEIR FRONT PORCH AND DOWN THE STREET YOU SEE A HUGE PUNCH OUT. RIGHT. HOW CAN WE STOP THAT FROM HAPPENING FURTHER, YOU'RE SAYING OKAY, IN THE BACKGROUND HERE, THAT ONE THAT'S FURTHER OUT, I THINK, UH, YOU COULD, SO I'D HAVE TO, I'D HAVE TO CHECK OUT THAT SITE AND FIGURE OUT KIND OF WHAT'S GOING ON THERE. UM, IT COULD BE THAT THESE ARE SETBACK FURTHER THAN 25 FEET. UH, WHILE THAT ONE MIGHT BE AT 25 FEET, UH, CERTAINLY IF WE WANTED TO IMPOSE A GREATER FRONT YARD SETBACK THAN 25 FEET, UH, IF THE APPLICANT'S WILLING TO VOLUNTEER A DEED RESTRICTION THAT REQUIRES THAT, THAT'S ONE WAY OF, UH, IMPOSING A LARGER FRONT YARD SETBACK. UH, BUT ULTIMATELY, YEAH, THAT WOULD REQUIRE A, UM, THAT WOULD REQUIRE KIND OF CHECKING OUT WHAT EXACTLY THE FRONT YARD SETBACK IS FOR THAT PROPERTY IN THE BACKGROUND THERE. UH, BUT IT SHOULD BE 25 FEET. OKAY. THANK YOU MR. GATES. THANK YOU. COMMISSIONER CARPENTER. YES, MR. BATE. UM, HOW DOES INSERTING MULTIFAMILY [01:00:01] INTO THIS SINGLE FAMILY BLOCK WORK TOWARD THE NEED TO PRESERVE THE HAMILTON PARK NEIGHBORHOOD? I UNDERSTAND THERE'S, THERE ARE TWO GOALS IN CONFLICT HERE. THERE'S THE, THE GOAL TO PRESERVE THAT HISTORICALLY BLACK SINGLE FAMILY NEIGHBORHOOD, AND IT WORKS IN CONFLICT WITH THE NEED, THE IDENTIFIED NEED TO ADD MORE DENSITY NEAR TRANSIT STATIONS. UM, SO IN THIS CASE, IT LOOKS AS IF THE, THE, THE, THE TRANSIT HAS WON OUT. SO HOW, HOW, HOW CAN WE RECONCILE INSERTING MULTIFAMILY HERE INTO THE GOAL, INTO THE NEED TO PRESERVE THIS THIS NEIGHBORHOOD? THANK YOU FOR THE QUESTION. IT'S, IT'S A TOUGH BALANCE TO STRIKE, RIGHT? YOU HAVE A STATED GOAL OF PRESERVING A NEIGHBORHOOD AND THE WAY THAT, YOU KNOW, THE WAY THAT STAFF HAS KIND OF LOOKED AT THIS IS THAT WHEN IT COMES TO PRESERVING A NEIGHBORHOOD, THERE'S A LOT THAT GOES INTO IT. THERE IS, I THINK KIND OF JUST THE GENERAL USES THAT ARE ON THE GROUND, BUT ALSO THE WAY THAT THE NEIGHBORHOOD IS DEVELOPED AND WHAT'S ACTUALLY PUT ON THE GROUND THERE. UH, I THINK WE'VE HEARD A LOT, UH, FROM THE PUBLIC, FROM THIS BODY AS WELL, THAT OFTENTIMES ONE OF THE BIG CONCERNS WITH DEVELOPMENT IN ESTABLISHED NEIGHBORHOODS IS THAT WE GET THESE DEVELOPMENTS THAT THEY, THEY JUST DON'T FIT THE CHARACTER OF THE NEIGHBORHOOD MORE SO IN TERMS OF THE BUILT STRUCTURE. AND OFTENTIMES IT'S ENTIRELY BY, RIGHT? I THINK THAT'S JUST A SIDE EFFECT OF WHENEVER EVERYTHING WAS KIND OF ZONED, YOU HAD TO KIND OF HAVE A ONE SIZE FITS ALL ZONING WHERE YOU END UP GRANTING GREATER DEVELOPMENT RIGHTS IN A NEIGHBORHOOD THAN WHAT'S ACTUALLY BUILT ON THE GROUND TODAY, WHICH IS HOW YOU END UP WITH, IN SOME NEIGHBORHOODS, THESE VERY LARGE HOUSES, UH, SOME CALL THEM MCMANSIONS, BUT THEY'RE ALLOWED BY, RIGHT? IT'S JUST THEY'RE MAXIMIZING AN ENVELOPE THAT PREVIOUSLY WHEN THAT NEIGHBORHOOD WAS ESTABLISHED, THAT ENVELOPE JUST, IT WASN'T THERE. SO IN TERMS OF PRESERVING THE CHARACTER OF THE NEIGHBORHOOD, IT WOULD BE A DEVIATION FROM BEING ENTIRELY SINGLE FAMILY. THAT'S, THERE'S NO WAY AROUND THAT. IT'S, IT'S MULTIFAMILY, IT'S ADDITIONAL UNITS, IT'S ADDITIONAL FRONT DOORS, IT'S ADDITIONAL PEOPLE LIVING THERE. IT WOULD AT LEAST, I THINK IT WOULD BE, IT IS LESS DETRIMENTAL, I THINK TO THE NEIGHBORHOOD IN TERMS OF WHAT IS ALLOWED TO BE BUILT THERE BECAUSE OF THOSE RESTRICTIONS ON THE MAXIMUM BUILDING ENVELOPE, UH, YOU ARE HAVING A HOUSE THAT WOULD ACTUALLY BE A LITTLE LOWER OR CERTAINLY IT COULDN'T REACH THE MAX HEIGHT THAT YOU CAN GET WITH OUR 7.5. SO THAT'S ONE, I THINK POINT IN FAVOR OF, THAT'S ONE POINT IN FAVOR OF SAYING THAT IT'S LESS OF AN IMPACT ON THE NEIGHBORHOOD BECAUSE YOU'RE NOT ENDING UP WITH SOMETHING THAT'S 36 FEET IN HEIGHT TOWERING OVER EVERYTHING. THE SETBACK REQUIREMENTS, AGAIN, THAT DOES LIMIT THE SIZE TO WHERE YOU'RE NOT GOING TO BE ABLE TO BUILD SOMETHING THAT'S JU YOU KNOW, ABUTTING AGAINST THE NEIGHBORING PROPERTIES. BECAUSE RIGHT NOW, IF THE PROPERTY WERE TO BE DEMOLISHED AND THEN REBUILT UNDER R 7.5, UH, YOU COULD GET SOMETHING THAT'S VERY MUCH OUT OF CHARACTER AND OUT OF PLACE IN THE NEIGHBORHOOD, MAXING OUT THE SETBACKS AT FIVE FEET, MAXING OUT THE HEIGHT AT 30 FEET, MAXING OUT THE REAR YARD SETBACKS, ET CETERA. UH, SO IT WOULD BE A DEVIATION, IT WOULD BE A CHANGE IN TERMS OF THE USE. YOU WOULD HAVE MORE PEOPLE LIVING ON ONE LOT, UH, BUT IT WOULD BE, I THINK, LESS DETRIMENTAL IN TERMS OF WHAT'S ACTUALLY BEING BUILT THERE BECAUSE IT WOULD BE JUST SORT OF INHERENTLY LIMITED IN SIZE. DO YOU KNOW IF THIS NEIGHBORHOOD HAS EXPERIENCED THE MCMANSION ISSUE? ARE THEY, ARE THEY SEEING, IS THIS NEIGHBORHOOD EXPERIENCING THE MCMANSION ISSUE? ARE THEY SEEING REPLACEMENT OF SINGLE FAMILY HOMES WITH, WITH LARGER OUT OF CHARACTER HOMES? UH, MY UNDERSTANDING IS NO. IT'S BEEN RIGHT. QUITE STABLE. OKAY. THANK YOU. COMMISSIONER TURNOCK, WHEN YOU SAID THAT THERE'S GONNA BE MORE PEOPLE LIVING ON ONE LOT, THAT'S NOT NECESSARILY TRUE THOUGH. I MEAN, IF THERE WAS A FOUR UNIT, ONE SINGLE BEDROOM, UH, FOURPLEX AND THERE WAS A SEVEN BEDROOM SINGLE FAMILY HOUSE WITH LARGE FAMILY IN THERE AND POTENTIALLY RELATIVES ALSO LIVING THERE, YOU COULD ARGUABLY HAVE HALF THE AMOUNT OF PEOPLE LIVING ON THIS LOT, YES OR NO? THAT IS CORRECT, YES. ANY OTHER COMMENTS OR NOT COMMENTS? QUESTIONS? OKAY. WE'LL GO ON TO CASE NUMBER 17. LET THE RECORD REFLECT THAT COMMISSIONER HERBERT HAS A CONFLICT ON THIS ITEM AND IS STEPPING OUT OF THE CHAMBER. GOOD MORNING. [01:05:13] GOOD MORNING COMMISSIONERS. OKAY. OKAY. THIS IS Z 2 45 DASH 48. SO THE REQUEST IS AN APPLICATION FOR AN AMENDMENT TO A PLAN DEVELOPMENT DISTRICT NUMBER 6 5 5 LOCATED ON SOUTHWEST CORNER OF POTTER'S HOUSE WAY ON TRUTH DRIVE, APPROXIMATELY 21.538 ACRES. SO THERE IS OUR LOCATION MAP LOCATED ON DISTRICT THREE AERIAL AND ZONING LAND USE MAP. AS YOU CAN SEE, UH, SINGLE FAMILY TO THE EAST ON DEVELOPED AREA A LITTLE BIT FURTHER UP, A LITTLE BIT OF SINGLE FAMILY, BUT ALSO ON THE NORTH AND TO THE WEST IS CONSERVATION EASEMENTS. SOME BACKGROUND FOR THIS AREA OF REQUEST IS PLOTTED LAW LOT ONE BLOCK V SLASH 87 10. IT WAS RECORDED ON SEPTEMBER, 2024. LAW CONTAINS PART OF SUBDISTRICT ONE, FIVE AND SIX WITHIN PD 6 55. PETER REQUIRES THAT CONSERVATION EASEMENT BE PLACED ALL ALL OVER SUBDISTRICT ONE. AND THE AREA WITHIN SUBDISTRICT ONE ARE GENERALLY UNDEVELOPABLE. OKAY. CONSERVATION EASEMENT WAS CREATED IN 2006, THREE YEARS LATER AFTER THE CREATION OF PD FIVE FIVE. UH, TYPICALLY REQUIRED AT TIME OF PD IS ESTABLISHED DISCREPANCIES BETWEEN BOUNDARIES OF SUBDISTRICT ONE, WHICH IS A RED LINE AT THE RIGHT AND THE BOUNDARIES OF CONSERVATION. EASTMAN GREEN LIGHT AT, AT RIGHT CONCEPTUAL PLAN WAS NEVER UPDATED TO REFLECT THESE CHANGES LEAVING THE PORTION OF THE LOT UNDEVELOPABLE. SO PORTION OF SUBDISTRICT ONE, THE RED HATCH AT RIGHT WERE LEFT OUT OF THE CONSERVATION EASEMENT LAND AREA ELSEWHERE IN THE PD THAT IS OUTSIDE OF SUBDISTRICT ONE. THE GREEN HATCHED AT THE RIGHT WAS INCLUDED IN THE CONSERVATION EASEMENT CURRENT REQUEST TO ALIGN THE SUB AREA BOUNDARIES WITH THE BOUNDARIES OF RECORDED CONSERVATION EASEMENTS SO THAT THE ENTIRE LOT IS WITHIN SUB AREA. SIX ONLY AFFECTS BOUNDARIES AROUND THE AREA OF REQUEST. SO THIS IS OUR EXISTING VERSUS PROPOSED CONCEPTUAL PLAN, AND THIS IS THE EXISTING CLAY ACADEMY BUILDING IS ALONG THE POTTER'S HOUSE. WAY FROM SAMARITAN, AGAIN, SINGLE FAMILY ON POTTER'S HOUSE WAY AT SAMARITAN, UH, SINGLE FAMILY ACROSS POTTER HOUSE, SOME REAR OF CLAY ACADEMY, THE, AND DEVELOPED BEHIND CLAY ACADEMY, LOOKING TOWARDS POTTER HEALTH WAY, AND, UH, LOOKING TOWARDS AND SOME SINGLE FAMILY ACROSS WATER HOUSE, WAY SURROUNDING SINGLE FAMILY, MORE FAMILY, AND THEN STAFF RECOMMENDATION BEING APPROVAL SUBJECT TO AMEND THE CONCEPTUAL PLAN. THANK YOU. QUESTIONS ON THIS ITEM, COMMISSIONER? OKAY. WE'LL GO TO 18. LET THE RECORD REFLECT THAT, UH, COMMISSIONER HERBERT WILL COME BACK IN THE CHAMBER. UH, BUT BEFORE WE PROCEED ON THE BRIEFING FOR ITEM 18, I DO HAVE A QUESTION FOR THE CITY ATTORNEY. UH, THIS PARTICULAR ITEM WAS NOTICED FOR TODAY, UH, BUT ONCE YOU, ONCE YOU GO INTO THE CASE REPORT, FOR SOME REASON IT SAYS THAT IT WAS SCHEDULED, THE HEARING IS SCHEDULED FOR MARCH THE 20TH. I JUST WANNA MAKE SURE THAT WE'RE NOT GONNA RUN FILE OF ANY, UH, NOTICE LAWS OR IMPLICATIONS TO MAKE THIS BRIEFING AND LATER HEARING, UH, UNLAWFUL. YEAH, AS LONG AS THE NEWSPAPER NOTICE AND THE MAILED NOTICES WERE CORRECT, AN ERROR IN THE CASE REPORT, UM, WON'T HAVE ANY EFFECT. UH, THANK YOU FOR THAT. WE'LL HAVE TO PROCEED WITH THE BRIEFING, MR. CHAIR. THANK YOU, SIR. UM, THANK YOU COMMISSIONER FRANKLIN. THIS ITEM WAS BRIEFED BEFORE. THERE ARE NO CHANGES. IF YOU HAVE ANY QUESTIONS, I'LL DO MY BEST TO FILL IN MICHAEL'S WEALTH OF KNOWLEDGE. QUESTIONS. COMMISSIONER, COMMISSIONER FRANKLIN? UH, YES, MR. CHAIR. I HAVE, [01:10:01] UH, SEVERAL, BUT IF YOU HAVE THE, UH, BRIEF AVAILABLE, I THINK IT'LL BE INFORMATIVE TO AT LEAST, UH, TAKE A LOOK AT THE PROPOSED LANGUAGE OF WHAT'S GOING TO BE AMENDED AS WELL AS THE PROPOSED SITE PLAN. OKAY. SO JUST A REFRESHER. THIS IS AN AMENDMENT TO SUP NUMBER 7 98. THAT IS FOR A MINING AND SAND AND GRAVEL USE. THE PROPERTY IS ON AA, AND THE REQUEST IS TO AMEND IT TO AMEND ONLY ONE CONDITION, WHICH IS, THIS IS THE, THE AERIAL, WHICH IS, UH, YOU, YOU CAN SEE THE SUP AREA IS ONLY HALF OF THE LAKE. YOU CAN SEE THE INTERNAL LAKE IS COVERED BY TWO SUVS. ONLY ONE OF US, ONE, ONE OF THEM IS IN FRONT OF US TO TONIGHT, UH, TODAY. UM, SO THERE'S A DETENTION LAKE THAT WAS USED DURING, UM, THE ACTIVITY. THE SUP REQUESTED. ONCE THE OPERATION FOR THE MINING CEASES, THE DETENTION LAKE NEEDS TO BE FILLED. THE REQUEST IS TO REMOVE OR AMEND THE CONDITION TO NOT REQUEST THE LAKE, THE PRO, THE AREA THAT'S, UM, COVERED BY THE LAKE TO BE, UM, FILLED. SO THE REQUEST IS TO MAINTAIN THE LAKE, BASICALLY. LET'S SEE IF I CAN GET TO, THIS IS THE EXISTING SITE PLAN. THIS IS THE PROPOSED SITE PLAN. UH, THANK YOU. UH, CAN YOU, UH, KEEP THE, UH, THE SITE PLAN UP FOR A SECOND? OH, YOU FINISH WITH THE, YOUR BRIEF. I DON'T WANT TO INTERRUPT YOU. I DID, I JUST AM HERE FOR QUESTIONS. OKAY. I JUST WANT TO ASK HIM SOME FUNDAMENTAL QUESTIONS BECAUSE WE, UH, MOVE THIS HEARING UNTIL THE DAY, UNTIL WE GOT A BETTER UNDERSTANDING OF WHAT'S BEING REQUESTED AND THE IMPLICATIONS OF, UH, WHAT THE CHANGES, UH, TO THE SUP WOULD MEAN FOR THE RESIDENTS WHO LIVE NEARBY. AS A FUNDAMENTAL QUESTION, I MEAN, THERE ARE MINING ACTIVITIES THAT'S GOING ON IN THIS AREA. THE FIRST QUESTION IS, IS WHAT IS ACTUALLY BEING MINED? AND THE SECOND QUESTION IS, ARE THERE, IS MINING CURRENTLY OCCURRING AT THIS SITE AT SUP UH, 7 98? SO WHAT IS BEING MINED? YOU SEE, IT HAS TO ABIDE BY THE DEFINITION THAT'S IN THE CODE THAT SAYS THE EXTRACTION REMOVAL, STOCKPILING OF EARTH MATERIALS INCLUDING SOIL, SAND, GRAVEL, OIL, OR OTHER MATERIAL MATERIALS FIND IN THE EARTH AS MORE SPECIFICALLY TO WHAT THEY ARE EXACTLY MINING IN THERE. I WOULD ASK THE APPLICANT. I DO NOT KNOW. UM, AND YOUR SECOND QUESTION WAS, IF THE SUP IS APPROVED, WHAT DOES IT MEAN FOR, UH, THE AREA? NO, THE, UM, WELL, THE, YOU CAN GO AHEAD AND ANSWER THAT QUESTION. THAT'S, IT IS A, A GOOD QUESTION THAT YOU POSED FOR YOURSELF. THANK YOU. UM, IT, IT JUST, IT SIMPLY MEANS THAT THE LAKE THAT EXISTS THERE TODAY WILL REMAIN. UH, SO MY SECOND QUESTION WAS, IS THERE ANY MINING ACTIVITY GOING ON ON THAT SUP? I DON'T KNOW, LOOKING AT THE AERIAL, IT LOOKS LIKE, NO, I WOULD ASK THE APPLICANT TO CLARIFY THAT. UM, BUT I WOULD SAY THAT THE SUP CONDITION DO NOT PROHIBIT THE CONTINUATION OF MINING IN THE APPLICANT'S APPLICATION. THEY TOLD US THAT THE OPERATION OF THE MINING SEIZED IN 2002. I THINK, LET ME READ FROM THE BACKGROUND. UH, THE PROPERTY CURRENTLY USES A DETENTION LAKE, PREVIOUSLY USES ASCEND AND GRAVEL MINE FOR THE ADJACENT LANDFILL, THE TRINITY OAKS LANDFILL, THE LANDFILL CLOSED TO WASTE IN 2002. SO I WOULD ASSUME THAT NO MINING ACTIVITIES, UM, HAPPENING ON THE AREA OF THE SUP. OKAY. UH, CAN YOU GO TO THE EXACT LANGUAGE THAT'S BEING REQUESTED? UM, SO I WOULD JUST MAKE A LITTLE NOTE TO SAY THAT THE SUP WAS APPROVED IN 1980, AND THE LANGUAGE THAT WE USED [01:15:01] TO DO WHEN WE WROTE S IN 1980 WAS A LITTLE BIT DIFFERENT. SO YOU'LL SEE A LOT OF LIKE CHANGES TO THE CONDITIONS, BUT THEY'RE NOT, THEY'RE JUST UPDATED OF THE LANGUAGE. WE DON'T GIVE THEM ANY ADDITIONAL PERMISSIONS OR ANYTHING. THE ACTUAL SUBSTANTIVE CHANGE THAT'S IN FRONT OF YOU TODAY IS JUST TO TAKE OUT THIS CONDITION HERE. OKAY. 'CAUSE ON THE CASE PLAN, THERE'S A LOT OF RED LINES. UM, AND, AND IS, ARE YOU SAYING THAT, UH, UH, THE RED LINES ARE IMPLEMENTED ARE JUST TO BE, OR TO MODERNIZE THE CODE FROM 1980S OR WHENEVER THIS WAS ORIGINALLY YOU DRAFTED? YES, YES. YOU SEE THE HOURS OF OPERATION, THEY'RE NOT AN ADDITION. THEY ARE ALREADY IN THE SUP, WE JUST WRITE THEM IN TODAY'S LANGUAGE. UM, WE'RE ADDING, UM, THE USE CONDITION THAT'S IN THE ORIGINAL SUP, BUT IT'S WRITTEN IN A DIFFERENT SECTION. SIP PLAN CONDITION IS JUST, UM, UPDATED ANYTHING THAT'S IN HERE. AND YOU SEE REDLINED, YOU SEE THE SUP USED TO SAY GRANTEES OR THEIR SUCCESSORS OR SIGNS. WE JUST SAY THE OPERATOR IS JUST UPDATING THE LANGUAGE IS NOTHING MORE THAN JUST THAT. UH, PLEASE GO BACK UP TO THE EARLIER SLIDE WITH THE PROPOSED, UH, SITE PLAN. UH, SO MY, MY NEXT SERIES OF QUESTIONS, UH, FOR YOU, UH, ARE RELATED TO YOU THE ENVIRONMENTAL REVIEW THAT YOUR TEAM OR DEPARTMENTS WITHIN CITY OF DALLAS HAS, HAS ASSISTED YOU WITH, BUT I WANNA MAKE SURE I GET THE LAY OF THE LAND CORRECT, BASED ON THE SUVS AND THE ADJACENT PROPERTIES AND TO THE NORTHWEST CORNER, THAT IS THE MESQUITE LANDFILL OWNED BY MESQUITE LANDFILL. IS THAT CORRECT? YES. AND THEY'VE CEASED OPERATIONS THAT 2002. TWO? YES. AND THE SUP THAT'S BEFORE US TODAY IS TO THE SOUTHEAST CORNER, SUP 7 98. YES. AND THEN FURTHER TO THE SOUTHEAST OF THAT AND THAT LITTLE PLOT OF LAND, I GUESS THAT'S, UH, SUP 7 99 99. YES. UH, WHO OWNS 7 99? IT'S, IT'S, I LOOKED ON D AD. IT LOOKS LIKE IT'S THE SAME OWNER. THEY MAY HAVE JOINED, UH, OWNERSHIP, BUT BY MY VERY HIGH LEVEL RESEARCH, IT LOOKS LIKE IT'S THE SAME OWNER, MEKI LANDFILL, TEXAS LP FOR BOTH PROPERTIES. I WOULD ALSO CONFIRM WITH THE APPLICANT AS WELL. OKAY. SO IT'S POSSIBLE THAT THE, THE LAND LANDFILL OWNS, UH, NOT ONLY THE LANDFILL, BUT SUP 7 98 AND 7 99. OH, LET ME CHECK THE OWNERSHIP FOR THE, FOR THE LANDFILL. JUST A SECOND. NOT THE SUP. IT'S THE SAME MS. GI LANDFILL, TEXAS LP. SO IT LOOKS LIKE, YEAH, IT'S ONE OWNER FOR ALL. UH, ONE OF OUR, MY PRIMARY CONCERNS IN THE FIRST HEARING WAS THE HEALTH, WELFARE AND SAFETY OF THE RESIDENTS IN THIS AREA. AS MOTHER NATURE DOES NOT RECOGNIZE OUR, OUR PLATTING AND, AND ARTIFICIAL BOUNDARIES, UM, I, I THINK THE COMMUNITY HAD SOME, UH, LEGITIMATE CONCERNS OF THE LANDFILL BEING SO CLOSE TO THIS BODY OF WATER. UH, SO, UH, MY, MY, MY QUESTIONS THAT I, I HAVE FOR YOU NOW ARE RELATED TO, UH, SPECIFIC, SPECIFICALLY, UH, THE LAKE AND HOW THE PROPOSED CHANGES WILL IMPACT THE SURROUNDING, UH, COMMUNITY. SO IF, IF THEY LEFT THE EXISTING LAKE AS IS, WHAT IN THE RESEARCH THAT YOUR DEPARTMENT HAVE HAVE PERFORMED, WHAT ARE THE ENVIRONMENTAL AND HEALTH AND SAFETY IMPLICATIONS OF THAT? SO IF YOU LOOK AT, UH, PAGE FIVE AND SIX OF THE REPORT, UH, MICHAEL DESCRIBED EXCERPTS FROM THE, UM, REPORTS THAT WERE REVIEWED BY OFFICE OF ENVIRONMENTAL QUALITY AND SUSTAINABILITY. I CAN TRY AND SUMMARIZE A LITTLE BIT TO MY PLANNING UNDERSTANDING. UM, SO DON'T HOLD ME [01:20:01] TO IT. SO THE LANDFILL IS A SEPARATE SITE. THE LANDFILL CLOSED, AND WHEN IT CLOSED, THERE IS A CAP OF SOIL THAT WAS PLACED ON TOP OF IT. ALSO, THE LANDFILL, THE MATERIAL THAT'S IN THE LANDFILL, GARBAGE IS ALSO CONTAINED, AND IT CANNOT OVER SPILL INTO THE GROUND AS PART OF THE DUE DILIGENCE AFTER A LANDFILL IS CLOSED. TO MY UNDERSTANDING IS THAT ANNUAL SOIL TESTINGS AROUND THE AREA MUST HAPPEN AND IT WILL BE MONITORED. UM, IN THE REPORT, IT EXPLAINS THAT, UM, THERE ARE TESTINGS. THE TESTING WAS DONE TO THE LAKE AREA TO MAKE SURE THAT THE WATER IS NON CONTAMINATED. UM, NONE OF THE DEPARTMENTS HAD ANY CONCERNS AND THEY COULDN'T SEE ANY SIGNS OF ANY TYPE OF CONTAMINATION BETWEEN THE LANDFILL AND THE LAKE. UM, AND WE DON'T HAVE ANY CONCERNS BECAUSE THE MATERIAL THAT'S ON THE BOTTOM OF THE LANDFILL IS ALSO CONTAINED. FURTHERMORE, THE LAKE IS UPHILL COMPARED TO THE LANDFILL. SO IF IT WOULD TO SPILL SOMETHING, IT DOESN'T SPILL INTO THE LAKE BECAUSE IT DRAINS ON THE LOWER SIDES AND THE LANDFILL IS ON THE LOWER SIDES. UM, SO THERE ARE NO CONCERNS. YOU SEE, UM, IT SHOULD BE NOTED. THEY'RE REMOVING THE POINT AT THIS. THERE ARE NO CONCERNS. LET ME GO STAY A LITTLE BIT ON THE LAKE. THERE ARE NO CONCERNS FROM, UH, OUR OFFICE AND ENVIRONMENTAL QUALITY AND SUSTAINABILITY AS TO THE CLEAN NATURE OF THE LAKE RIGHT NOW IN, AS IT RELATES TO THE LANDFILL OR ANYTHING. THERE, THERE IS ENOUGH SEPARATION, ENOUGH CONTAINMENT BETWEEN THE TWO OF THEM, SO THEY DON'T INTERACT. BUT THEY ALSO WARN US THAT, UM, REMOVING THE POINT AT THIS POINT MAY BE PROBLEMATIC, IS AN ESTABLISHED WETLAND HAS FORMED, UM, DEWATERING WOULD BE NEEDED, UH, AND THE LARGE VOLUME OF SOIL WOULD NEED IMPORTED, WHICH WOULD NEED TO BE TESTED AND ENSURE NOT CONTAMINANTS ARE BRINGING TO, ARE BEING BROUGHT TO THE PROPERTY. FURTHER INVESTIGATION AND ENVIRONMENTAL CONSULTING MAY BE NEEDED IF THE DECISION IS TO REMOVE THE POND. SO IF THE, IF THE REQUEST IS GRANTED TODAY, IT MEANS THAT THE CONDITIONS AS THEY ARE TODAY, WHICH WERE VETTED BY OUR OFFICE, ENVIRONMENTAL QUALITY AS ACCEPTABLE WITH NO CONCERNS, STAY. IF, UH, THE REQUEST IS DENIED AND THE POND OR THE LAKE NEEDS TO BE REMOVED, WE HAVE TO KEEP IN MIND AGAIN THAT WE GOT A WARNING FROM OFFICE, FROM ENVIRONMENTAL QUALITY SAYING THAT IT WILL DISTURB THE LAND AND THE LAND AROUND IT, AND IT MAY CREATE SOME ISSUES, BUT THAT'S GONNA BE, AGAIN, UP TO THE BODY TO DECIDE. CAN YOU GO FURTHER AND IDENTIFY WHAT THOSE ISSUES ARE? E EXACTLY WHAT'S IN, WHAT'S IN THE REPORT. LIKE THERE'S ALREADY A WETLAND. UM, THEY NEED TO REMOVE THE WATER. THEY NEED TO BRING A LOT OF SOIL IN. THEY PROBABLY WILL DISTURB THE SOIL. UM, THE WAY THE WATER DRAINS IT WILL BE AFFECTED DIFFERENTLY BECAUSE IT'S THE WATER, UH, DRAINS IN A WAY TOWARDS A LAKE VERSUS A FIELD MATERIAL. SO THESE ARE THE TYPE OF, LIKE YOU ARE, WE ARE TOUCHING, UH, WE, THE OPERATOR, THE APPLICANT, THE OWNER WILL TOUCH, UM, AN AREA AROUND THE LANDFILL. SO THEY WILL NEED TO BE VERY CAREFUL HOW THEY DO THAT. SO IF I'M HEARING YOU CORRECTLY, UH, THE IMPACT WOULD BE TO THE, THE CURRENT ECOSYSTEM, THE ANIMALS, UH, THAT ARE, UH, LIVING AND DEPENDING ON THAT WATER. BUT WHAT ARE THE IMPACT TO THE RESIDENTS AND THE HUMANS THAT ARE NEARBY? OTHER THAN, I DON'T KNOW. IT'S, IT'S HARD TO PREDICT. I WOULD SAY THE ONE THAT I WOULD THINK RIGHT NOW IS JUST TO LIKE, UH, BE MINDFUL THAT A LOT OF SOIL NEEDS TO BE BROUGHT TO THE LOCATION. SO PROBABLY JUST DURING CONSTRUCTION OR FEELING IT WOULD BE A LITTLE BIT OF A DISTURBANCE, NOISE, DUST OR TRACK TRAFFIC. UM, AND AGAIN, HOWEVER THE LAND IS GONNA LOOK AFTER IT'S FILLED AND HOW THE WATERS WILL DRAIN, THAT'S GONNA BE TAKEN CARE OF PERMITTING WITH, TOGETHER WITH OUR DALLAS WATER UTILITIES. BUT IT WILL CHANGE A LITTLE BIT THE DRAINAGE PATTERNS I'M THINKING IN THE AREA, BUT I DON'T WANNA SPECULATE ON THAT. I'M NOT A DRAINAGE EXPERT. IT, IT'S MY UNDERSTANDING THAT THERE'S STILL MINING ACTIVITY GOING ON IN THAT AREA. UH, NOT, I CAN'T CONFIRM THAT IT'S GOING ON ON THIS PARTICULAR SITE, BUT BASED ON WHAT [01:25:01] YOU, UH, JUST READ THROUGH AS PART OF THE SUP THAT MINING CAN CONTINUE, UH, AT THAT SITE. AND SO, UH, ONE OF THE NEGATIVE OUTCOMES THAT YOU JUST MENTIONED, UH, AND WOULDN'T THAT BE ALMOST A MOOT POINT IF THEY CONTINUE TO MINE AND EXCAVATE SOIL AND HAVING TRUCKS GOING IN AND OUT, OR IF THERE'S A DIFFERENCE, PLEASE EXPLAIN WHAT THAT DIFFERENCE WOULD BE. WELL, I DON'T KNOW IF I WOULD LET, LET ME DISCUSS WITH THE APPLICANT. IT IS MY UNDERSTANDING THAT THE MINING ACTIVITY CEASED BECAUSE THE STOPPING OF THE MINING ACTIVITY IS TRIGGERING THE LAKE TO BE FILLED. SO, UM, OTHERWISE IF THEY PLAN TO CONTINUE THE SAND AND GRAVEL, THAT THEY MAY MAINTAIN THE, THE LAKE. I DON'T KNOW IF THEY HAVE ANY AREA, IF THERE IS ANY, UM, AREA ON THE, THE PROPERTY WITH THE SUP IF THERE IS ENOUGH ROOM FOR MINING. SO I DON'T KNOW IF THEY DO MINING ON THE SUP SIDE. OKAY. UH, YOU, YOU JUST, UM, YOUR, I SAY PRIOR TESTIMONY, UH, STATED THAT THE WATER HAD BEEN TESTED FOR CONTAMINANTS, AND BASED ON THAT REPORT, THE OFFICE ENVIRONMENTAL QUALITY AND SUSTAINABILITY HAD NO OBJECTIONS. WHEN WAS THE WATER TESTED? CONSIDERING THAT THIS APPLICATION HAS BEEN PENDING FOR THREE YEARS? THREE AND A HALF. THREE AND A HALF. SO WHAT'S IN THE REPORT? IT SAYS THE ANNUAL GROUNDWATER MONITORING COMPLETED BY AN ENVIRONMENTAL CONSULTANT AND REPORTED TO TCEQ, WHICH IS THE TEXAS COMMISSION FOR ENVIRONMENTAL QUA QUALITY FOR REVIEW ANNUALLY, WOULD IDENTIFY ANY CHEMICALS OF CONCERN WITH THE POTENTIAL TO IMPACT THE POND POND OF THE ADJOINING PROPERTY. SO I AM ASSUMING THAT THEY HAVE TO SUBMIT A REPORT TO TCEQ ANNUALLY, UH, FOR THE, PROBABLY THE SOIL. AND YOU SAY THE GROUNDWATER MONITORING, I, I KNOW THIS SOUNDS LIKE I'M SPLITTING HAIRS HERE. UM, BUT THE MONITOR WAS COMPLETED BY AN ENVIRONMENTAL CONSULTANT. IS THAT INTERNAL TO THE CITY OF DALLAS, OR IS THIS SOMEONE THAT WAS HIRED BY, UH, THE OPERATOR OR THE, THE APPLICANT THAT FALLS WITH THE APPLICANT? THAT, WITH THE PROPERTY OWNER, I THINK, YEAH, WE DON'T DO, UM, REPORTING ON PRIVATE PROPERTY. UH, DO WE HAVE ANY ACCESS TO THE DOCUMENTS THAT OUR INTERNAL FOLKS RELIED ON AS A PART OF THIS REVIEW? AND I'M SPECIFICALLY TALKING ABOUT ANY, UH, DOCUMENTS THAT REVIEWED THE ENVIRONMENTAL CONDITION AND ANY SUBSEQUENT RECOMMENDATIONS, UH, BASED ON THAT REPORTING THAT THOSE REPORTS, I'M ASSUMING WE, WE DIDN'T REVIEW THEM BECAUSE WE'RE NOT EXPERTS. WE COORDINATED WITH OFFICE FOR ENVIRONMENTAL QUALITY. I CAN ASK THEM IF THEY CAN MAKE THEM AVAILABLE TO YOU OR HOW, HOW, UM, THAT WAS DONE ISN'T, I'M PRETTY SURE IT'S NOT A SECRET, BUT IT'S, WE ARE NOT LIKE WE'RE PLANNERS. WE RELY ON OUR PARTNERSHIP WITH THE EXPERTS. AND CAN YOU PLEASE GO BACK TO THE SLIDE WITH THE PROPOSED SITE PLANNING SITE PLAN? UH, CORRECT ME IF I'M WRONG, THE, UH, THE LAKE THAT'S IN CONTROVERSY ACTUALLY SPANS BOTH SUP 7 98 AND 7 99. THAT IS CORRECT, YES. AND JUST THINKING THIS THROUGH, IF UH, WE DID NOT, UH, APPROVE THIS AMENDMENT AND REQUIRED THE OWNER TO BACKFILL, UH, THE SITE, ONLY A PORTION OF THAT LAKE WOULD BE BE FILLED? YES. YES. ONLY WHAT'S COVERED BY THIS SUP? YES. UH, WHAT ARE THE IMPLICATIONS OF THAT ON THE REMAINING PART OF THE LAKE AND THE, I WANNA SAY DOWNSTREAM OR UPSTREAM, DEPENDING ON HOW YOU LOOK AT IT. UM, BUT I KNOW THERE'S A NEIGHBORHOOD TO THE SOUTH EAST PORTION OF WHAT'S, WHAT'S ADJACENT TO THE SOUTHEAST OF THE SUP 7 99? I DO NOT KNOW. IT'S A, IT'S A BUNCH OF ENGINEERING, SO I'M ASSUMING THAT THE REMAINDER OF THE LAKE PROBABLY WOULD HAVE TO PROBABLY BE UNAFFECTED. SO IT'S A, IT'S A MATTER OF ENGINEERING. I'M NOT GONNA VENTURE. I WOULD, THAT'S A PERFECT QUESTION FOR THE APPLICANT AND THEIR ENGINEER INTERNALLY. WELL, LEMME PREFACE MY, MY QUESTION, UH, UH, WITH SOME CONTEXT, [01:30:01] I HAVE HEARD OF CONCERNS AND ISSUES, UH, WITH FLOODING IN THAT AREA. AND, UH, I, UH, MY QUESTION IS, UH, TO WHAT EXTENT THAT OUR, THE CITY OF DALLAS INTERNAL FLOOD MANAGEMENT AND STORM DRAINAGE TEAM HAS INVESTIGATED, UH, THE CAUSE OF THE, THE FLOODING IN THIS AREA, AND HAVE THEY EXCLUDED, UH, THAT THE FLOODING WAS CAUSED BY THIS, THIS MANMADE LAKE? SO SAME, WE HAVE A, AN EXPLANATION IN THE STAFF REPORT ON PAGE TWO, WE SAID, AS PART OF AN, A TYPICAL REVIEW FOR ZONING APPROVALS. THIS CASE WAS REVIEWED, REVIEWED BY OFFICE OF ENVIRONMENTAL QUALITY AND SUSTAINABILITY, DALLAS WATER UTILITIES, FLOODPLAIN MANAGEMENT, CODE COMPLIANCE, PAVING, AND DRAINAGE ENGINEERING. THESE AGENCIES FOUND NO OBJECTION TO ALLOWING THE DETENTION AREA TO REMAIN AS IS. SO IF, IF I WANTED TO SEE THE UNDERLYING DOCUMENTS FROM, UH, FLOOD MANAGEMENT AND STORM DRAINAGE THAT WOULD BE AVAILABLE FOR REVIEW, UH, I THINK THERE WERE MORE CONVERSATIONS BETWEEN US AND THEIR EXPERTS. THERE MAY BE SOME EMAILS WE ROUTED THEM, THE SUP APPLICATION, THEY LOOKED AT IT AND, UM, PROBABLY THEY TALKED TO MICHAEL TO SAY THAT THEY HAVE NO CONCERNS. I DON'T THINK THAT ANY OF THESE DEPARTMENTS OTHER THAN OFFICE FOR ENVIRONMENTAL QUALITY ASKED, LIKE FOR A FLOOD PLAIN STUDY IN THE CASE, THE, THE, THE STU THE LEG REMAINS OR IS REMOVED. I DON'T THINK WE'VE GONE THROUGH THAT EXERCISE. BUT I WOULD SAY THAT THE ONE DEPARTMENT THAT HAS REPORTS AND THEY REVIEWED REPORTS IS ENVIRONMENTAL QUALITY BECAUSE THEY WERE LOOKING AT THE CONNECTION WITH THE LANDFILL BECAUSE THERE, THERE, THERE MAY BE A A THROUGH LINE HERE AND, AND I DON'T WANT THE CURE ITSELF TO BE WORSE THAN THE DISEASE. AND I'LL, AND THAT'S GONNA COME TO A QUESTION. UM, MY QUESTION IS, SO THERE ISN'T ANY DOCUMENTED, UH, SCRUTINY, UH, THAT WAS GIVEN TO DETERMINE WHETHER OR NOT, UH, THIS WAS PROPER, IT HAD NO IMPLICATIONS ON THE STORM DRAINAGE AND, AND FLOOD MANAGEMENT IN THE AREA, THE SOUTH SOUTHEAST AREA NEIGHBORHOOD. SO, LET ME SEE IF I UNDERSTAND THE QUESTION AND I CAN, I CAN REPHRASE THAT QUESTION. UM, UH, BASED ON YOUR, YOUR TESTIMONY, THERE WERE A FEW EMAILS THAT WENT BACK AND FORTH, AND BASED ON THOSE EMAILS, THERE WAS A JUDGMENT THAT THERE WAS, THERE WERE NO OBJECTIONS TO THE PROPOSED AMENDMENT. WHAT ELSE DO WE HAVE TO DEMONSTRATE AND PROVE THAT THERE WAS A LEVEL OF SCRUTINY GIVEN THAT THE SOLUTION HERE AMENDING THE LANGUAGE WOULD NOT HAVE NEGATIVE IMPLI IMPLICATIONS ON THEIR NEIGHBORHOOD TO THE SOUTHEAST OF THIS SUP? SO I THINK THE QUESTION, IF I UNDERSTAND IT CORRECTLY, IS IF THE LAKE REMAINS, ARE THERE ANY FLOODING IMPLICATION TO THE EXISTING NEIGHBORHOODS? AND I THINK THE, THE ANSWER IS, ARE THERE ANY FLOODING IMPLICATION THAT CONNECT THE EXISTENCE OF THE LAKE WITH THE NEIGHBORHOOD RIGHT NOW? AND MY UNDERSTANDING IS THAT NO UH, LEMME ASK THE QUESTION A LITTLE DIFFERENTLY, UH, BECAUSE THE, THE, THE POINT I'M TRYING TO GET AT IS THAT THERE HAD TO BE SOME TYPE OF ANALYSIS, UH, THAT WENT INTO THAT DECISION. I'M LOOKING FOR THE ANALYSIS AND, AND SCRUTINY TO MAKE THAT, TO MAKE THAT OBJECTIVE TERMINATION. AND WHAT WOULD, WHAT WOULD THAT BEGIN? WAS IT SOLELY IN THE EMAILS THEMSELVES OR IS THERE AN EXTERNAL REPORT? I, AGAIN, THANK YOU FOR THE QUESTION IS VERY HARD. BASICALLY, WE WOULD HAVE TO DO AN ANALYSIS ON WHAT IS THE FLOODING IN A NEIGHBORHOOD, UH, RIGHT NOW, AND WHAT IS THE CAUSE OF THE FLOODING. THERE ARE DALLAS WATER UTILITIES, FLOODPLAIN MANAGEMENT. THEY ARE THE EXPERTS IF THEY REPLY TO US SAYING THAT THERE ARE NO, NO, THERE IS NO CONNECTION BETWEEN THE EXISTING LAKE. AND THERE IS NO IMPLICATION OR NO ADDITIONAL RUNOFF THAT IS HAPPENING IN THE NEIGHBORHOOD BECAUSE OF THE LAKE. IT'S, I TRUST THAT THEY HAVE THEIR OWN, UM, UH, PROFESSIONAL EXPERTISE TO DO THAT. I DON'T KNOW, UH, WHAT REPORTS THEY LOOK AT FLOODPLAIN MAPS. I'M PRETTY SURE THEY HAVE A VERY SCIENTIFIC WAY, BECAUSE AGAIN, THIS IS AN ENGINEERING QUESTION. I CANNOT DESCRIBE THE WAY THAT THEY ASSESS FLOODPLAIN, AND I DO NOT KNOW THE FLOODING ISSUES OF A NEIGHBORHOOD BECAUSE [01:35:01] IT'S OUTSIDE OF THE SCOPE OF, OF THE REQUEST AS WELL. I UNDERSTAND. THAT'S FAIR. AND IF IT'S BEYOND YOUR SCOPE, I I'M NOT EXPECTING FOR YOU TO, TO HAVE THE ANSWERS. I'M JUST TRYING TO, UH, MAKE SURE THAT I HAVE ALL THE INFORMATION, UH, THAT YOU ALL USE AND TO CONSIDERATION OF APPROVING THESE, THESE CHANGES. UH, AND I, I'LL WRAP UP HERE IN MY QUESTIONS. UH, UH, DID YOU ALL CONSIDER THE ANY REPORTING FROM THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY, UH, THE REPORTS AND VIOLATIONS THAT IT MAY HAVE BEEN, UM, REPORTED ON THAT SGP OR ANY OF THE ADJACENT UH, PROPERTIES? OH, I'M, I'M NOT AWARE OF ANY. I WILL TAKE, AGAIN, I WILL TAKE TO HEART WHAT'S WRITTEN IN THE STAFF REPORT. UM, THE LANDFILL CLOSED, THE MINING OPERATIONS SEIZED DURING THE, THE EXISTENCE OF THE MINING OPERATION OF THE LANDFILL. I, I AM NOT AWARE, AND I WOULDN'T EVEN GO TO SEARCH IF THERE WERE ANY VIOLATIONS. OKAY. UH, THANK YOU. THANK YOU. COMMISSIONER HALL. DR. YARE, THERE'S A INTERESTING COMMENT IN ON, UM, PAGE 18 SIX. IT SHOULD BE NOTED THAT REMOVING THE POND AT THIS POINT MAY BE PROBLEMATIC AS AN ESTABLISHED WETLAND HAS FORMED. IS THERE ANY STATE OR FEDERAL GOVERNMENT PROTECTION OF WETLANDS THAT WOULD PROHIBIT THE FILLING OF THIS WETLAND ENVIRONMENT? I, I ASKED THAT QUESTION. IT'S A PRIVATE LAKE. IT'S A PRIVATE POND. I DON'T KNOW IF IT'S REGISTERED AS A WETLAND IN ANY TYPE OF, LIKE, IF AND IF THERE IS SOME SORT OF PROTECTION. I THINK I ASKED, UH, OFFICE FOR ENVIRONMENTAL QUALITY, AND I DON'T THINK, UH, THIS IS, I THINK WE ARE JUST, THEY WERE JUST LOOKING AT THE EXISTENCE THAT IT IS RIGHT NOW. YEAH. I I THINK THERE'S A LOT OF CONCERN ABOUT THE DESTRUCTION OF WETLANDS BECAUSE THEY'RE SO IMPORTANT TO THE ENVIRONMENT. UH, THAT'D BE INTERESTING TO KNOW. UM, THE OTHER THING IS YOUR MAP THERE SHOWS IN THAT BLUE LINE, WHAT THEY CALL A UNNAMED TRIBUTARY OF THE TRINITY RIVER. AND I, UH, THAT TRIBUTARY DOESN'T FLOW INTO THIS RETENTION POND, BUT I WONDER IF SOME OF THE FLOODING IN THE NEIGHBORHOOD IS MORE ASSOCIATED WITH, WITH THAT, UH, TRIBUTARY VERSUS ANYTHING COMING OUT OF THIS, UH, RETENTION POND? UH, YES. I, I DO NOT KNOW. I WOULD GO BACK TO SAY THAT WE ASKED DALLAS WATER UTILITIES. THEY DIDN'T CONNECT THE LAKE WITH THE NEIGHBORHOOD, AND THEY DIDN'T HAVE ANY ISSUES WITH MAINTAINING THE LAKE. SO I, UH, AM ASSUMING THAT BY THEIR ANSWER THAT THE, UM, STATE OF THE DRAINAGE IN THE NEIGHBORHOOD IS, UH, ITS OWN MICROSYSTEM. OKAY. THANK YOU. ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS? OKAY. IT'S 10 46 TO STICK A 10 MINUTE BREAK BEFORE WE GO BACK AND PICK UP THE REST. OKAY. COMMISSIONERS, WE'RE GONNA GET BACK ON THE RECORD. COMMISSIONERS, 1, 2, 3, 4, 5, 6, 7, 8. WE DO HAVE A QUORUM. UM, [01:40:03] WE'RE GONNA CIRCLE BACK TO THE D SEVEN CASES. UH, WOULD ANYONE LIKE, UH, NUMBER TWO BRIEFED? OKAY. THEN WE GO TO, UM, NUMBER FIVE. WOULD ANYONE LIKE NUMBER FIVE BRIEFED ABOUT NUMBER SIX? OH, OKAY. NUMBER EIGHT, MR. CHAIR? YES. COMMISSIONER HAMPTON. AND IF MR. ROBERTS IS AVAILABLE, I CAN ASK THIS AT THE, UM, HEARING AS WELL. I WAS JUST GONNA ASK IF THERE WAS ANY UPDATE FROM THE APPLICANT, COMMISSIONER HAMPTON THAT'S IN REGARDS TO CASE NUMBER EIGHT, IS THAT RIGHT? CORRECT. UH, I BELIEVE THERE WAS A COMMUNITY MEETING THAT WAS HELD FOLLOWING THE LAST CONSIDERATION FROM THE CPCI. I DON'T HAVE TOO MUCH DETAIL FROM THAT MEETING, HOWEVER, OKAY. WAS, HAS HE BEEN IN TOUCH WITH YOU? I UNDERSTAND ONE OF THE CONVERSATIONS WITH THE COMMUNITY IS THAT THE APPLICANT WILL BE VOLUNTEERING SOME DEEP RESTRICTIONS. I'M NOT SURE THAT THOSE HAVE BEEN SUBMITTED TO STAFF, BUT I WASN'T SURE IF YOU WERE AWARE OF THAT. I HAVE NOT SEEN, UH, THOSE DEEP RESTRICTIONS AT THIS TIME. COMMISSIONER. OKAY. I'LL SAVE IT FOR THE HEARING, UM, TO ASK THE APPLICANT. THANK YOU, MR. CHAIR. THANK YOU. COMMISSIONER HAMPTON. THANK YOU. THANK YOU. UH, LET'S SEE. I THINK THAT'S IT. DID, DID WE MISS ANY EIGHT? WE NOT BRIEF EIGHT. YOU WANT BRIEF? OKAY. LET'S BRIEF NUMBER EIGHT. MR. ROBERTS? YES. THANK YOU, CHAIR. ONE MOMENT. THAT IS 3, 2, 3. BEAR WITH ME HERE, CHAIRMAN. CAN EVERYONE SEE THAT? WE CAN? THANK YOU. EXCELLENT. UH, THANK YOU CHAIR. THANK YOU. COMMISSION CASE NUMBER A IS, UH, Z 2 34 DASH 3 23. IT'S A APPLICATION FOR A MF TWO A. THAT'S THE MULTIFAMILY DISTRICT ON PROPERTY, ZONED A CR COMMUTER RETAIL DISTRICT. UH, IT'S LOCATED ON THE NORTH LINE OF JOHN WEST ROAD, WEST OF LA PRADA DRIVE. HOWEVER, THERE IS NO FRONTAGE ON LA PRADA DRIVE. THAT'LL, THAT'LL COME UP LATER IN MY PRESENTATION. UH, THE ZONING AREA IS APPROXIMATELY 2.26 ACRES, UH, AND IT WAS, UH, THIS CASE WAS HELD UNDER ADVISEMENT EARLIER, UH, LAST MONTH. SO JUST A QUICK REFRESHER. UM, THE ZONING BACKGROUND IS A LOT GOING ON HERE. SO THE, THERE'S A SPLIT ZONING CONDITION ON THE PROPERTY. THE, THE WHOLE PROPERTY AS IT CURRENTLY SITS, IS OUTLINED IN RED THERE TO THE RIGHT OF YOUR SCREEN. UH, YOU CAN SEE THE, UH, SPLIT ZONING CONDITION BETWEEN AN EXISTING CR DISTRICT. THAT'S THE DIAGONAL HATCH AREA, THAT IS THE AREA OF REQUEST, AS WELL AS A EXISTING MF TWO A, UH, SORT OF PENANT FLAG SHAPE, UH, TO THE WEST OF THE PROPERTY THERE. SO THE WHOLE PROPERTY IS 3.22 ACRES. THIS REQUEST IS FOR THE CR COMPONENT THAT IS 2.26 ACRES, UH, TO ESTABLISH A CON A, UH, CONSISTENT ZONING CONDITION ON THE SITE. UH, JUST TO GIVE YOU A LITTLE BIT OF CONTEXT, ITS LOCATION, UH, TOWARDS THE EASTERN PART OF DALLAS. ACTUALLY, MESQUITE, UH, IS ON THE SOUTH SIDE OF JOHN WEST ROAD SOUTH OF THIS PROPERTY. AGAIN, THERE'S THE AREA OF REQUEST THERE IN THE DIAGONAL LINES. UH, TAKING A LOOK AT THE ZONING MAP CONDITIONS AGAINST CITY OF MESQUITE TO THE SOUTH, SOME MISCELLANEOUS RETAIL COMPONENTS, UH, TO THE EAST. UH, MULTIFAMILY DEVELOPMENT DEVELOPED UNDER THE MF TWO A DISTRICT, WHICH IS THIS REQUEST, UH, TO THE NORTH AND WEST AND AT THE HARD CORNER OF LA PRADA AND JOHN WEST. UM, THERE'S A GENERAL FOOD AND MERCHANT, BASICALLY CONVENIENCE STORE DOING A LITTLE BIT OF THE ZONING ASSESSMENT, UH, THE EXISTING CONDITION, OBVIOUSLY BEING THE CR COMMUNITY RETAIL DISTRICTS. UH, YOU CAN SEE HOW THAT MEASURES UP, UH, FROM A DIMENSIONAL STANDARDS, UH, TO THE PROPOSED MF TWO A RELATIVELY SIMILAR IN TERMS OF ITS, UH, LAND USE INTENSITY. OBVIOUSLY, THE E MF TWO A WOULD ALLOW FOR, UH, RESIDENTIAL COMPONENTS, UH, WHICH IS MY UNDERSTANDING IS THE INTENT OF THE REQUEST. UH, DOING A SITE VISIT HERE. UH, [01:45:01] THIS IS, UH, ON AN ACCESS DRIVE JUST OFF OF LA PRADA. UH, LOOKING AT THE SITE, YOU CAN SEE THAT CONVENIENCE STORE AT THE HARD CORNER. UH, SO THIS AREA WOULD BE THE SORT OF OPEN FIELD, UH, TO THE PHOTO, RIGHT? AGAIN, LOOKING THROUGH THAT GATE, UM, OFF OF LA PRADA. UH, THIS IS NOW FROM, THIS PHOTO IS FROM THE, UH, DEVELOPED MULTIFAMILY MF TWO A AREA TO THE WEST OF THE SITE. UH, LOOKING INTO THE AREA OF REQUEST, AGAIN, LOOKING BACK INTO THE AREA OF REQUESTS, AND JUST FOR CONTEXT, THIS IS WHAT THE SURROUNDING MF TWO A PRODUCT LOOKS LIKE. UH, THIS IS THE TRACT WEST OF THE, UM, OF THE SUBJECT SITE, UH, WHICH INCLUDES THE AREA OF REQUEST. UH, SO BRIEFLY, THE, THERE IS AN ACTIVE AREA PLAN IN THIS AREA. IT'S THE TWO POINTS TO WHITE ROCK EAST AREA PLAN. IT DOES DESIGNATE THIS, UH, AREA AS, UH, URBAN NEIGHBORHOOD. UH, SOME, SOME KEY COMPONENTS OF THAT ARE PREDOMINANTLY RESIDENTIAL USES, UH, WIDE VARIETY OF HOUSING OPTIONS. UH, LOW TO MID-RISE CONDOMINIUMS OR APARTMENTS ARE, UM, HOUSING CHOICES THAT ARE IDENTIFIED AS AS APPROPRIATE. UH, LITTLE BIT OF BACKGROUND LEGWORK ON THE HOUR, RATIONALE FROM THE STAFF SIDE. UM, SO LOOKING AT THE, THE SURROUNDING DEVELOPMENT, IT DOES LIMIT ACCESS TO THE SITE ALONG LA PRADA. YOU CAN SEE ON THE, ON THE SITE PLAN TO THE RIGHT OR THE AERIAL, LIKE I GUESS YOU COULD CALL IT ON THE RIGHT, UM, DESIGNATED WITH AN A IS A CONVENIENCE STORE THAT ACTUALLY DOES LIMIT ACCESS FROM LA PRADA. UM, AGAIN, THE WHOLE PROPERTY IS OUTLINED THERE IN, IN RED. UM, AND LA IS THAT PURPLE, PURPLE LINE. SO WITH THAT LIMITED ACCESS, THERE ARE SOME, UH, SOME RATIONALE THAT THE DEVELOPABILITY OF THIS SITE, PARTICULARLY UNDER ITS SPLIT ZONING CONDITION, IS DIFFICULT. UM, AGAIN, YOU CAN SEE THE SPLIT ZONING CONDITION, THE AREA, AND B, THE PINK AREA, AND B IS THE AREA OF REQUEST, THE BLUE AREA, AND C IS THE EXISTING MF TWO A WITHIN THE SITE. SO WITH THAT, OF COURSE, WE TAKE INTO ACCOUNT ANY ACTIVE AREA PLAN, UM, AND THE FACT THAT THE REQUEST WOULD ESTABLISH A CONSISTENT ZONING ON THE WHOLE SITE, THAT IS ALSO CONSISTENT WITH SURROUNDING USES. STAFF'S RECOMMENDATION IS APPROVAL. SO HAPPY TO ANSWER ANY QUESTIONS. THANK YOU, SIR. QUESTIONS, COMMISSIONER CARPENTER? YES. UM, MY UNDERSTANDING OR MY MEMORY OF, OF THIS CASE, THE LAST TIME IT CAME UP WAS THAT THERE HAD BEEN A COMMUNITY MEETING THAT HAD, UM, ACHIEVED SOME SORT OF AN AGREEMENT THAT PERHAPS STRAIGHT MULTIFAMILY WAS NOT THE WAY TO GO HERE. AND SO I, I DON'T SEE ANY UPDATE IN THE REPORT. I MEAN, IF I'M REMEMBERING CORRECTLY, THERE WAS SUPPORT FOR, UM, RESIDENTIAL, BUT, UM, CERTAIN TYPES OF RESIDENT. ANYWAY, I'M NOT GONNA GO INTO MORE OF THAT. BUT HAS THERE, GIVEN THAT THERE ARE NO UPDATES IN THE REPORT, ARE YOU AWARE OF ANY, UM, MOVEMENT OR, OR PROPOSED RESTRICTIONS OR ANYTHING THAT WOULD, UM, DEVIATE FROM WHAT, WHAT WE'RE SEEING? UH, NO COMMISSIONER, I HAVEN'T BEEN MADE AWARE OF ANY FORMAL CHANGES TO THE REQUEST. I GUESS I'LL WORD IT THAT WAY. I DO KNOW THAT THERE WAS A MEETING HELD. UM, BUT AGAIN, ANY, UM, MOVEMENT FROM THAT MEETING, I, I HAVE NOT, UH, BEEN MADE AWARE OF BY THE APPLICANT. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? YES, COMMISSIONER HAMPTON. THANK YOU. AND JUST WANTED TO FOLLOW UP, UM, MR. ROBERTS AND I THINK THE COMMISSION RECEIVED AN EMAIL, UM, FROM A NUMBER OF THE STAKEHOLDERS IN SUPPORT. I BELIEVE YOU WERE ALSO COPIED ON THAT EMAIL THAT, UM, TALKED ABOUT THINGS ABOUT HOW THEY WERE GOING TO DEVELOP A PROPERTY. UM, AND I BELIEVE I, UM, MENTIONED THAT, SO THAT COMMISSIONER, UH, CARPENTER IS AS AWARE AS WELL. UM, IT HAS BEEN COMMUNICATED TO ME THAT THE, UM, PROPERTY OWNER IS, UM, CONSIDERING VOLUNTEER DATE RESTRICTIONS. I UNDERSTAND THOSE HABIT MADE IT TO STAFF AS YOU, UM, STATED. AND SO THAT WILL BE A QUESTION FOR THE APPLICANT, UH, DURING THE HEARING. IS THAT CORRECT? UH, SOUNDS CORRECT TO ME. COMMISSIONER. OKAY. AND THEN ARE YOU AWARE FROM THAT LIST THAT WE RECEIVED THAT IT TALKS ABOUT, UM, YOU KNOW, ONSITE MANAGEMENT, HOW THE PROPERTY WILL BE DEVELOPED, AND AGAIN, SOME THINGS THAT MAY BE OUTSIDE OF DEED RESTRICTIONS, BUT THOSE WOULD ULTIMATELY BE REVIEWED, UM, WITH YOURSELF, WITH THE CITY ATTORNEY TO DETERMINE WHAT CAN BE INCLUDED WITHIN THOSE PROPOSED DEED RESTRICTIONS? THAT, THAT'S, YOU BRING UP A GOOD POINT THERE, COMMISSIONER. SO SINCE IT IS A, THE GENERAL ZONING CHANGE REQUEST, YOU KNOW, THERE IS NOT A FORMAL SITE PLAN THAT'S INCLUDED WITH IT, BUT YES, I UNDERSTAND WHAT YOU'RE ASKING IN THAT. IS THERE ANYTHING THAT COULD BE INCLUDED WITH THE DEED RESTRICTIONS? I, I WOULD SAY THAT, THAT, THAT COULD BE INCLUDED AS PART OF A DEED RESTRICTION WITH, WITH A LITTLE BIT OF EXTRA REVIEW AND AS YOU SAID, INCLUSION WITH THE CITY ATTORNEY. AND DID YOU RECEIVE A COPY OF THE PRESENTATION THAT THE DEVELOPER SHARED WITH THE COMMUNITY? DID I BELIEVE I, IT WAS ATTACHED TO ONE OF THE EMAILS THAT [01:50:01] WAS CIRCULATED. I HAVE NOT SEEN THAT. IT COULD HAVE BEEN ATTACHED. I, I COULD HAVE DISMISSED IT. OKAY. UM, I'LL, I'LL ENSURE THAT YOU HAVE THAT IN YOUR FILES FOR THE RECORD, UM, AS WELL. AND AGAIN, IT MAY HELP GIVE SOME CONTEXT AND WE CAN ASK THE APPLICANT AT THE HEARING AS WELL. MUCH APPRECIATED. THANK YOU. THANK YOU. THANK YOU, MR. ROBERTS. THANK YOU, MR. CHAIR. THANK YOU. ANY OTHER QUESTIONS ON THIS ITEM? COMMISSIONERS? OKAY. UH, DO WE NEED 11 BRIEFED? WOULD ANYONE WANT LIKE 11 BRIEFED? DOESN'T. OKAY. DO WE HAVE ANY REQUESTS FOR NUMBER 11? OKAY. DID I MISS ANY CASES? IF NOT, THEN IT'S 1111. AND THAT CONCLUDES THE BRIEFING OF THE DALLAS CITY PLAN COMMISSION. WE'LL SEE YOU AT 1230 SHARP. ENJOY YOUR LONG LUNCH COMMISSIONERS. YOU DO IT ONLINE THEN. I, I, I'M NOT BREAKING THE LAW. UH, COMMISSIONERS, WE'RE [CALL TO ORDER] GONNA GO AHEAD AND GET STARTED. WE START OUT WITH A ROLL CALL, PLEASE. GOOD AFTERNOON, COMMISSIONERS. DISTRICT ONE COMMISSIONER SCHOCK, DISTRICT TWO. COMMISSIONER HAMPTON, WHAT IS IT? DISTRICT THREE, COMMISSIONER HERBERT. DISTRICT FOUR. COMMISSIONER FORSYTH. HERE. DISTRICT FIVE, CHAIR SHAAD. PRESENT? DISTRICT SIX. COMMISSIONER CARPENTER. PRESENT. DISTRICT SEVEN. COMMISSIONER WHEELER REAGAN. DISTRICT EIGHT. COMMISSIONER FRANKLIN PRESENT? DISTRICT NINE. COMMISSIONER SLEEPER. HERE. DISTRICT 10. COMMISSIONER HOUSEWRIGHT. HERE. DISTRICT 11. COMMISSIONER NIGHTINGALE. HERE. DISTRICT 12. COMMISSIONER HAWK HERE. DISTRICT 13. COMMISSIONER HALL HERE. DISTRICT 14, COMMISSIONER KINGSTON AND PLACE 15 VICE CHAIR RUBIN? I AM HERE. YOU HAVE QUORUM, SIR. THANK YOU VERY MUCH. GOOD AFTERNOON LADIES AND GENTLEMEN. WELCOME TO THE HEARING OF THE DALLAS CITY PLAN COMMISSION. TODAY IS THURSDAY, MARCH 6TH, 2020 5, 12 30 5:00 PM COUPLE OF QUICK ANNOUNCEMENTS BEFORE WE GET STARTED. OUR SPEAKER GUIDELINES, AS EACH SPEAKER WILL RECEIVE THREE MINUTES TO SPEAK, UH, OUR RULES, UH, DO ALLOW THE APPLICANTS TO RECEIVE A TWO MINUTE REBUTTAL IN CASES WHERE WE HAVE OPPOSITION, WE WILL HAVE SOME FOLKS ONLINE. UH, THIS IS A HYBRID MEETING. I'LL PLEASE REMIND ALL OUR SPEAKERS ONLINE TO HAVE YOUR CAMERAS ON AND WORKING STATE LAW REQUIRES THAT WE SEE YOU IN ORDER TO HEAR FROM YOU. AND I WOULD PLEASE REMIND ALL SPEAKERS TO BEGIN YOUR COMMENTS WITH YOUR NAME AND ADDRESS FOR THE RECORD. ALSO, AT SOME POINT FOR YOU, UH, FOLKS HERE IN THE CHAMBER, WE DO HAVE THESE LITTLE YELLOW SHEETS DOWN HERE AT THE TABLE, AT THE BOTTOM RIGHT AT SOME POINT TODAY, WE WOULD LOVE FOR YOU TO FILL ONE OF THESE OUT SO WE HAVE A RECORD OF YOUR, UH, VISIT HERE WITH US. PARDON ME. YOU CAN ALSO FIND AGENDAS DOWN HERE AT THE TABLE IF YOU NEED ONE. AND WITH THAT, WE'RE GONNA GO AHEAD AND GET STARTED RIGHT OFF THE TOP ON PAGE ONE. AND WE'LL [Zoning Cases - Consent] BEGIN WITH OUR ZONING, UH, ITEMS ON CONSENT WITH CONSISTS OF CASES ONE THROUGH SEVEN AT THIS POINT, CASES 1, 3, 4, AND I HAVE COME OFF CONSENT. AND 7 1, 3, 4 AND SEVEN 10. UH, 10 IS, YEAH, 10 WILL BE HEARD INDIVIDUALLY. UH, SO THAT LEAVES CASES TWO, FIVE, AND SIX THAT WILL BE DISPOSED OF IN ONE MOTION, UNLESS THERE'S SOMEONE HERE THAT WOULD LIKE TO BE HEARD ON ANY OF THOSE CASES. SO THAT LEAVES CASES TWO, FIVE, AND SIX THAT WILL BE DISPOSED OF IN ONE MOTION, UNLESS THERE'S SOMEONE HERE THAT WOULD LIKE TO SPEAK ON ANY OF THOSE CASES. TWO, FIVE OR SIX. ANYONE HERE WOULD LIKE TO BE HEARD ON CASES TWO, FIVE OR SIX. OKAY, WE'LL [01:55:01] GET THOSE READ IN PLEASE. CASE NUMBER TWO IS Z 2 34 DASH 20 ZERO. AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PUBLIC SCHOOL OTHER THAN AN OPEN ENROLLMENT CHARTER SCHOOL ON PROPERTY ZONED AND R FIVE, A SINGLE FAMILY SUBDISTRICT WITHIN PLAN DEVELOPMENT DISTRICT NUMBER 5 9 5. THE SOUTH DALLAS FAIR PARK SPECIAL PURPOSE DISTRICT AT THE EAST CORNER OF LC, FAY HIGGINS STREET, AND MALCOLM X BOULEVARD. STAFF. RECOMMENDATION IS APPROVAL FOR A PERMANENT TIME PERIOD, SUBJECT TO A REVISED SITE PLAN, REVISED TRAFFIC MANAGEMENT PLAN AND CONDITIONS. CASE NUMBER FIVE IS Z 2 45 DASH 1 29. AN APPLICATION FOR AN R FIVE, A SINGLE FAMILY DISTRICT ON PROPERTY ZONE TO CR COMMUNITY RETAIL DISTRICT ON THE NORTH LINE OF BURMA ROAD BETWEEN KISKA STREET STREET AND CYAN STREET STAFF. RECOMMENDATION IS APPROVAL CASE NUMBER SIX IS Z 2 45 DASH 30. AND APPLICATION FOR AN R FIVE, A SINGLE FAMILY DISTRICT ON PROPERTY ZONE, A CS COMMERCIAL SERVICE DISTRICT ON THE SOUTH LINE OF CORREDOR STREET AND EAST OF CARBONDALE STREET. STAFF. RECOMMENDATION IS APPROVAL. THANK YOU VERY MUCH. COMMISSIONERS. ANY QUESTIONS ON ANY OF THOSE CASES? NUMBER TWO, FIVE AND SIX. SEEING NONE, COMMISSIONER WHEELER, DO YOU HAVE A MOTION IN THE MATTER OF PREFER? I I MOVED TO CLOSE THE WAIT MINUTE MY OKAY IN THE MATTER OF Z 2 3 4, NO, 2, 4, 5, I MEAN IN THE MATTER OF Z 2 4 5 1, 3 1. NO, NO, NO, IT'S, IT'S, UH, CASES TWO, FIVE AND SIX. TWO FIVE AND SIX. OKAY. YEAH. IN THE MATTER OF Z 2 3 4 DASH 200 MM-HMM . Z 2 4 5 1 29 AND Z 2 4 5 1 30. I MOVED TO CODE OF PUBLIC HEARING AND FOLLOWED STAFF FOR RECOMMENDATIONS OF APPROVAL ON ONE FOR A PERMANENT, UH, TIME PERIOD ON ON CASE TWO FOR A PERMANENT TIME PERIOD, SUBJECT TO A REVISED SITE PLAN AND REVISED TRAFFIC MANAGEMENT PLAN AND CONDITIONS. THANK YOU VERY MUCH. UH, COMMISSIONER WHEELER FOR YOUR MOTION. COMMISSIONER CHERNOCK FOR YOUR SECOND. ANY COMMENTS? SEE ANY? NONE. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. YOU OPPOSED? AYES HAVE IT. THANK YOU. WE'LL GO TO CASE [1. 25-853A An application for an amendment to Specific Use Permit No. 959 for a private school on property zoned an R-16(A) Single Family District and an R-10(A) Single Family District, on the southwest corner of Harvest Hill Road and Inwood Road] NUMBER ONE. GOOD AFTERNOON. ITEM ONE IS CASE Z 2 34 DASH 1 32. AN APPLICATION FOR AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 9 59 FOR A PRIVATE SCHOOL ON PROPERTY ZONED IN R 16, A SINGLE FAMILY DISTRICT. AND IN R 10, A SINGLE FAMILY DISTRICT ON THE SOUTHWEST CORNER OF HARVEST HILL ROAD AND INWOOD ROAD. STAFF. RECOMMENDATION IS APPROVAL SUBJECT TO AN AMENDED SITE PLAN, AMENDED LANDSCAPE PLAN, AND STAFF'S RECOMMENDED CONDITIONS. THANK YOU, SIR. IS THERE ANYONE HERE THAT I SEE THAT THE APPLICANT IS COMING DOWN? GOOD AFTERNOON, MR. CHAIR COMMISSION. MY NAME'S BILL DAHLSTROM, 2323 ROSS AVENUE. MARTIN, THANK YOU FOR YOUR HELP WITH THIS PROJECT. IT'S BEEN A WHILE. UH, WE ARE IN SUPPORT OF THE STAFF'S RECOMMENDATION WITH THE ONE EXCEPTION OF, UH, CONDITION NUMBER EIGHT, WHICH AS WAS STATED EARLIER IN THE BRIEFING SESSION, HAS A DEVASTATING EFFECT ON 40-YEAR-OLD TREES ON THE SITE AND COULD, UH, IMPACT OUR PARKING AS WELL. SO WE RESPECTFULLY REQUEST THAT THE APPLICATION BE RECOMMENDED FOR APPROVAL WITH THE EXCEPTION OF THAT ONE CONDITION. I HAVE SLIDES, BUT YOU SAW THE SLIDES THIS MORNING. THEY SHOW THE SAME THING. THANK YOU, SIR. IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? COMMISSIONERS QUESTIONS FOR THE APPLICANT? YES. COMMISSIONER HALL. THANK YOU MR. DAHLSTROM. I DID WANT TO JUST GO OVER A FEW THINGS AND YOU SORT OF TEED UP ONE OF THEM. UH, FIRST THOUGH YOU'VE AGREED TO IMPROVEMENTS TO THE SIDEWALK ON THE NORTHWEST SIDE OF THE PROPERTY AS LISTED ON PAGE ONE FIVE. AND, UH, IN ITEM NINE ON PAGE ONE EIGHT, AND I BELIEVE THIS IS, UH, UH, C UH, C UH, A BENCH, UH, BICYCLE RACKS AND TRASH RECEPTACLE STAFF HAD RECOMMENDED SOME PEDESTRIAN AMENITIES AND WE AGREED TO PUT THOSE IN AS IS SHOWN ON THE PLAN. YES, SIR. AND THIS IS LOCATED REALLY WITH THE ONLY ACCESS FROM THE COMMUNITY ACROSS THE STREET TO YOUR SCHOOL, CORRECT? WHERE THE CROSSING GUARD IS? YES. OKAY. UM, REGARDING AN ITEM LISTED IN, IN, UH, UH, ITEM NUMBER 10 CI, WHICH UH, CONCERNS THE, UH, TRAFFIC MANAGEMENT PLAN. UH, I UNDERSTAND THIS MORNING THAT THE STAFF IS HAPPY WITH YOUR TRAFFIC MANAGEMENT PLAN, SO THERE'S NO QUESTION THERE, BUT [02:00:01] YOU'RE COMMITTING TO MAKE SURE THAT WE DO GET A NEW TRAFFIC MANAGEMENT PLAN EVERY OTHER YEAR? YES, SIR. ABSOLUTELY. OKAY. AND I, I'VE BEEN IN TOUCH WITH TRAFFIC. ALRIGHT. THANK YOU FOR THAT. UH, YOU BROUGHT UP YOUR CONCERNS ABOUT STAFF'S RECOMMENDATION, UH, FOR THE PROPOSED SUP ITEM NUMBER EIGHT. AND, UM, YOUR CONCERN IS, UH, CENTERED AROUND THE POSSIBILITY OF HAVING TO RE REMOVE 17 HEALTHY MATURE OAK TREES ALONG HARVEST HILL ROAD AND, UH, INWOOD AND CONCEIVABLY, UH, LOSING UP TO 50 PARKING SITES ALONG INWOOD ROAD. AND IF YOU DID LOSE THOSE PARKING SITES, YOU WOULD NO LONGER BE IN COMPLIANCE WITH PARKING REQUIREMENTS FOR THE CITY OF DALLAS. UH, COMMISSIONER, I DUNNO HOW MANY PARKING SPACES WOULD BE IMPACTED, BUT PARKING SPACES WOULD'VE BEEN IMPACTED AND WE'D ALSO HAVE TO MOVE LANDSCAPING BACK. SO YES, WE WOULD LOSE PARKING. OKAY. AND NOT ONLY WE'D HAVE TO REMOVE 17 HEALTHY MATURE OAK TREES, BUT WE, YOU WOULD MIGHT HAVE TO TEAR UP SIDEWALKS THAT WERE JUST A FEW MONTHS AGO INSTALLED BY THE CITY OR YEAH, THEY WERE JUST RECENTLY INSTALLED, CORRECT. YEAH. THANK YOU. UM, AND FINALLY I WANTED TO CONFIRM THAT THE SCHOOL DOES NOT ALLOW STUDENTS TO USE THE SIDEWALKS ALONG HARVEST HILL, THE POLICIES TO AGAINST, AGAINST THE SIDEWALKS ON INWOOD. YES SIR. UH, AND THE ONLY WAY THE STUDENTS ARE ALLOWED TO CROSS INTO THE SCHOOL ON FOOT WOULD BE ACROSS HARVEST HILL. AT THE CROSSING GUARD. AT THE CROSSING GUARD. CORRECT. OKAY. THANK YOU. UH, I DON'T HAVE ANY OTHER FURTHER QUESTIONS. THANK YOU. THANK YOU SIR. COMMISSIONERS, ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU. QUESTIONS FOR STAFF? SEEING NONE. COMMISSIONER HALL, DO YOU HAVE A MOTION? I DO. MR. CHAIR. THANK YOU. IN THE MATTER OF CASE NUMBER Z 2 34 1 32, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE STAFF'S RECOMMENDATION WITH THE FOLLOWING CHANGE. STRIKE THE SIDEWALK'S BUFFER CONDITION LISTED ON PAGE ONE DASH EIGHT. THANK YOU. COMMISSIONER HALL FOR YOUR MOTION AND COMMISSIONER HOUSE RIGHT FOR YOUR SECOND TO CLOSE THE PUBLIC HEARING FILE STAFF RECOMMENDATION OF APPROVAL. UH, WOULD THAT BE SUBJECT TO AMENDED SITE PLAN, AMENDED LANDSCAPE PLAN? YES. UH, AND WITH THE, UH, ADDITIONAL CHANGE AS RENDER UNDER THE RECORD BY COMMISSIONER HALL. ANY COMMENTS? SEEING NONE OF THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYES HAVE IT FOR [3. 25-855A An application for the renewal of Specific Use Permit No. 1881 for a late-hours establishment limited to a restaurant without drive-in or drive-through service on property zoned Planned Development District No. 842 with an MD-1 Modified Delta Overlay, on the northwest corner of Greenville Avenue and Bell Avenue] NUMBER THREE. THIS IS ITEM NUMBER THREE, CASE Z 2 45 DASH 1 31. AN APPLICATION FOR THE RENEWAL OF SPECIFIC USE PERMIT NUMBER 1 8 8 1 FOR A LATE HOURS ESTABLISHMENT LIMITED TO A RESTAURANT WITHOUT DRIVE-IN OR DRIVE THROUGH SERVICE ON PROPERTIES ZONE PLAN DEVELOPMENT DISTRICT NUMBER 8 4 2 WITH AN MD ONE MODIFIED DELTA OVERLAY ON THE NORTHWEST CORNER OF GREENVILLE AVENUE AND BELL AVENUE STAFF. RECOMMENDATION IS APPROVAL FOR A FIVE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL FIVE YEAR PERIODS SUBJECT TO AMENDED CONDITIONS. THANK YOU VERY MUCH. IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? IT SAYS CASE NUMBER THREE ON THE SECOND PAGE. COMMISSIONERS, ANY QUESTIONS FOR STAFF? OKAY. SEEING NONE, COMMISSIONER KINGSTON, DO YOU HAVE A MOTION? YEAH. IN THE MATTER OF Z 2 4 5 DASH 1 3 1. I MOVE THAT WE CLOSED THE PUBLIC HEARING AND APPROVE THIS SUP FOR FIVE YEARS WITHOUT AUTOMATIC ELIG, UH, ELIGIBILITY FOR AUTOMATIC RENEWAL SUBJECT TO AMENDED CONDITIONS. THANK YOU COMMISSIONER KINGSTON FOR YOUR MOTION. AND COMMISSIONER CARPENTER FOR YOUR SECOND TO CLOSE THE PUBLIC CARE FALSE AFRICAN RECOMMENDATION OF APPROVAL FOR FIVE YEAR PERIOD SUBJECT TO AMENDED CONDITIONS. NO AUTO RENEWALS. ANY COMMENTS? SEE NONE OF THOSE IN FAVOR SAY AYE. AYE. OPPOSED? AYES HAVE IT. THANK YOU SIR, WE GO TO NUMBER FOUR. OH, THAT'S MINE. OH [02:05:05] FOUR WAS SUPPOSED TO STAY ON CONSENT. I TOOK IT OFF DIDN'T I? CHAIR? WOULD YOU LIKE ME TO READ IT? YEAH, CAN SOMEONE [4. 25-856A An application for a new Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the southeast corner of North Jim Miller Road and Lake June Road.] READ FOR INTO THE RECORD PLEASE? OKAY. UM, ITEM NUMBER FOUR IS AN APPLICATION FOR A NEW SPECIFIC USE GRANT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH A GENERAL MERCHANDISE FOOD STORE, 3,500 SQUARE FEET OR LESS ON PROPERTY ZONE CD ONE COMMUNITY RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE SOUTHEAST CORNER OF NORTH JIM MILLER ROAD AND LAKE JUNE ROAD. STAFF. RECOMMENDATION IS APPROVAL FOR A TWO YEAR PERIOD WITH THE ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL FIVE YEAR PERIOD SUBJECT TO SITE PLANNING CONDITIONS. THANK YOU SO MUCH. UM, SIR, WHENEVER YOU'RE READY, YOU CAN BEGIN YOUR COMMENTS. ALL RIGHT. SO THIS IS PARVE MAL GOOD AFTERNOON WITH MALICK LAW FIRM AND I'M THE REPRESENTATIVE FOR THE CASE AND THIS CASE HAS BEEN WITH THE CITY FOR ALMOST LIKE 14 MONTHS. SO I'M HERE TO ANSWER ANY QUESTIONS IF YOU MAY HAVE. OKAY. CAN YOU JUST STATE YOUR ADDRESS FOR THE RECORD PLEASE? FIVE 11 EAST, UH, JOHN CARPENTER FREEWAY, LAS COLINAS, TEXAS. THANK YOU. IS THERE ANYONE ELSE YOU WOULD LIKE TO SPEAK ON THE CASE? ANY QUESTIONS FOR MR. MALIK? ONE? I DO HAVE ONE QUICK QUESTION HERE, MR. MALIK. UH, JUST TO VER IS THIS A BRAND NEW APPLICATION? YES. OKAY, THANK YOU. ANY OTHER QUESTIONS FOR MR. MALIK? QUESTIONS FOR STAFF? SEEING NONE, MR. CHAIR, DO YOU HAVE A MOTION? YES SIR, I DO. IN THE MATTER OF Z 2 34 1 38, I'M GONNA CLOSE THE PUBLIC HEARING FILE STAFF RECOMMENDATION OF APPROVAL FOR A TWO YEAR PERIOD WITH NO AUTO SUBJECT TO SITE PLAN CONDITIONS AND I HAVE A VERY BRIEF COMMENT. THANK YOU. CHAIR SHEAD FOR YOUR MOTION. COMMISSIONER HALL FOR YOUR SECOND, YOUR COMMENT. UH, JUST WANTED TO THANK THE APPLICANT. I WENT BY, UH, THE STORE, PERFECTLY NICE OPERATION AND JUST TO BE CONSISTENT WITH, WITH ALL THE APPLICATIONS IN DISTRICT FIVE, WHETHER IT'S IT'S WALMART SEVEN 11 OR A SMALL OPERATOR, WE ALWAYS START WITH THE TWO YEAR NO AUTO. SO I SUSPECT THIS ONE, TWO YEARS FROM NOW WILL GET ON THE AUTOMATIC AUTOMATIC CYCLE. Y YES. UH, COMMISSIONER SHADI, CHAIR. REPRESE. THANK YOU SIR. UH, I AM ALWAYS ON TOP OF IT. THANK YOU SIR. AND I'LL MAKE SURE SIR, I THINK THE TIME FOR PUBLIC COMMENT HAS PASSED. ALRIGHT, ANYONE ELSE ON THE COMMISSION HAVE ANY DISCUSSION? SEEING THEN WE HAVE A MOTION BY THE CHAIR, SECONDED BY COMMISSIONER HALL TO APPROVE, BUT FOR A TWO YEAR PERIOD WITHOUT ELIGIBILITY FOR AUTOMATIC RENEWALS. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? SAY NAY. THE MOTION CARRIES. THANK YOU SIR. NOW MOVE [7. 25-859A An application for the amendment and renewal of Specific Use Permit No. 1871 for the sale of alcoholic beverages in conjunction with a general merchandise or food store 3,500 square feet or less on property zoned a CR-D-1 Community Retail District with a D-1 Liquor Control Overlay, on the northeast corner of Lake June Road and Holcomb Road.] TO NUMBER. OH, SECOND. IT'S ME AGAIN. ALL RIGHT. MR. ROBERTS, ARE YOU THERE TO READ THIS ONE IN? YES. OKAY, MR. TRUE, THANK YOU. CASE NUMBER SEVEN IS AN APPLICATION FOR THE AMENDMENT RENEWAL OF SPECIFIC USE PERMIT NUMBER 1871 FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISE FOR FOOD STORE 3,500 SQUARE FEET OR LESS. I'M PROPERTY ZONED A CRD ONE COMMUNITY RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE NORTHEAST CORNER OF LAKE JUNE ROAD AND HOLCOMB ROAD. STAFF. RECOMMENDATION IS APPROVAL FOR A THREE YEAR PERIOD WITH ELIGIBILITY FOR AUTOMATIC RENEWAL FOR ADDITIONAL THREE YEAR PERIODS SUBJECT TO CONDITIONS. THANK YOU. MR. ROBERTS. IS THERE ANYONE HERE TO SPEAK ON CASE NUMBER SEVEN? UH, Z 2 34, 1 65? I DON'T SEE ANYONE. ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, MR. CHAIR, DO YOU HAVE A MOTION? I DO IN THE MATTER OF Z 2 34. 1 65. I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD THE MATTER UNDER ADVISEMENT UNTIL MARCH 20TH. THANK YOU, MR. CHAIR FOR YOUR MOTION. COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND. ANY COMMENTS? SEEING NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? SAY NAY. THE MOTION CARRIES. THANK YOU. UH, COMMISSIONERS WILL NOW MOVE TO OUR [8. 25-860A An application for an amendment to an MF-2(A) Multifamily District on property zoned a CR Community Retail District, on the north line of John West Road, west of the intersection of La Prada Drive and John West Road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n application for a Specific Use Permit for the sale of alcoholic beverages in conjunction with a general merchandise or food store greater than 3,500 square feet on property zoned a CR Community Retail District with a D-1 Liquor Control Overlay, on the southeast corner of Simpson Stuart Road and Bonnie View Road.] THANK YOU CHAIR. CASE NUMBER NINE IS KC 2 34 DASH 3 34. AN APPLICATION FOR A SPECIFIC USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE GENERAL MERCHANDISER FOOD STORE. GREATER THAN 3,500 SQUARE FEET ON PROPERTY ZONE. A CR COMMUNITY RETAIL DISTRICT WITH A D ONE LIQUOR CONTROL OVERLAY ON THE SOUTHEAST CORNER OF SIMPSON, STEWART ROAD AND BONNIE V. ROAD STAFF'S RECOMMENDATION IS APPROVAL FOR A FIVE-YEAR PERIOD SUBJECT TO A SITE PLANNING CONDITIONS. THANK THANK YOU SIR. SEE THAT THE APPLICANT IS HERE. GOOD AFTERNOON. UH, GOOD AFTERNOON. CARL CROWLEY. 2201 MAIN STREET, SUITE 1280 DALLAS, TEXAS. UM, AS YOU RECALL, THIS [02:15:01] CASE WAS HELD UNDER ADVISEMENT SO WE COULD PROVIDE SOME MORE INFORMATION TO STAFF ABOUT, UM, THE, UH, CRIMINAL TRESPASS AFFIDAVIT, THE C-STORE REGISTRATION. AND THEN, THEN I, UH, WENT ONLINE AND FOUND SOME CRIME STATISTICS THAT I PROVIDED STAFF AND I DON'T KNOW IF THEY PROVIDED 'EM TO YOU OR NOT, BUT I ALSO PROVIDED THEM TO COMMISSIONER FRANKLIN. UM, UH, SOME OTHER INFORMATION. I, UH, AND I DON'T RECALL IF I TOLD YOU THIS, UM, IT'S BEEN A FEW WEEKS, RIGHT? UM, WE HAVE A SECURITY GUARD THAT'S THERE EVERY DAY BETWEEN 4:00 PM AND 7:00 AM THAT WE HIRE THE, THE STORE HIRES. UM, AND THEN WE ALSO HAVE CAMERAS AROUND THE, THE FACILITY TOO, OBVIOUSLY FOR SECURITY REASONS. ONE OF I THINK CAME UP AND I'M, UH, IF I REPEAT I'M, I APOLOGIZE. UH, AN ITEM CAME UP ABOUT A FENCE BEHIND US. UH, BETWEEN US AND THE MULTIFAMILY BEHIND US IS, IS A SMALL AREA. THEN THERE'S ACTUALLY A PANHANDLE TYPE LOT SIT, A SCENARIO FOR PARKING FOR THE, FOR THE REST OF THE STRIP CENTER NEXT TO US. AND ACTUALLY A LITTLE GROCERY STORE FURTHER DOWN THAT IF I PUT A FENCE THERE, I'VE NOW CREATED A, IT'S KIND OF A HIDING DEAD ZONE. SO I THINK IT'D PROBABLY BEST SO THAT OUR CAMERAS CAN ACTUALLY SEE THE BACK OF THE STORE TO, TO NOT PUT THAT FENCE IN. AND AGAIN, I WOULD ALWAYS, I'D BE FENCING IN A LITTLE AREA AND THERE'D STILL BE THE PARKING BEHIND US THAT'S NOT ON OUR PROPERTY. SO I DON'T KNOW IF THAT ACCOMPLISHES WHAT WE ACCOMPLISH. I THINK IT MIGHT BE MORE OF A DETRIMENT TO CREATE SORT OF A UNSECURE ZONE THAT PEOPLE COULD BE ON THE OTHER SIDE OF THAT FENCE AND HIDE STUFF. SO OTHERWISE I'M HERE TO ANSWER ANY QUESTIONS. UM, I DON'T KNOW IF, IF Y'ALL WERE DISTRIBUTED THE CRIME STATISTICS THERE, THERE, THERE IS SOME CRIME IN THERE ABOUT CRIMINAL MISCHIEF THAT WE CALLED SOMEBODY WE CALL THE POLICE ON THE CRIMINAL TO MISCHIEF. AND IF YOU'RE AWARE OF THE CRIME STATS, ANYTHING THAT IS CALLED IN FROM OUR STORE THAT ADDRESS, THERE'S A TRAFFIC ACCIDENT ON THE STREET THAT'S CALLED, IT SHOWS UP IN OUR STORE WHEN YOU DO THOSE SEARCHES AND STUFF. SO, UM, THERE, THERE ARE, IT'S NOT LIKE THERE'S SHEETS OF, OF CRIME AND STUFF, BUT THERE ARE SOME THINGS IN THERE THAT WE PROBABLY, WE PROBABLY CALLED THE POLICE AND IT SHOWS UP THEN OBVIOUSLY AT OUR ADDRESS. SO, UH, OTHERWISE I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU, SIR. IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR MR. CROWLEY? YES, SIR. YES, I HAVE A YES SIR. SIR. A A FEW QUESTIONS. THE, THE CURRENT TENANT AT THE C-STORE, UH, HE'S A NEW TENANT, CORRECT? BEEN THERE ABOUT A YEAR OR SO? YES. YES. AND THE, THE CRIME STATS THAT YOU PROVIDED TO ME DATE BACK ABOUT A YEAR? YEAH, THE, I THINK, I THINK I GRABBED HIM IN THE MIDDLE OF FEBRUARY AND YOU CAN GRAB FOR LIKE 12 MONTHS I THINK SO, YEAH. AND OF THOSE INCIDENTS, UH, THERE WERE OVER 30, 30 PLUS REPORTED CRIMES, BUT OF THAT, SO, UH, 12 OF THEM WERE CRIMINAL TRESPASS. RIGHT, RIGHT. WHICH TO ME, I, I WOULD ASSUME THAT MEANS WE CALLED THEM. I DON'T THINK THE POLICE ARE GOING AROUND LOOKING FOR TRESPASSERS. UH, AND THAT'S, THAT'S PART OF THAT AFFIDAVIT THING THAT YOU'D ASKED FOR. YEAH. YES. SO, SO THE, THE TRESPASS AFFIDAVIT IS WORKING AS DESIGNED. YEAH, IT SURE SEEMS TO BE. HOW LONG HAS THE SECURITY GUARD, UH, BEEN THERE AT THE STORE? IT, IT'S MY UNDERSTANDING HE'S BEEN THERE AS LONG AS THIS TENANT HAS BEEN THERE. HE MAY HAVE BEEN BEFORE THAT, BUT I KNOW HE IS BEEN THERE AS LONG AS WE'VE BEEN THERE. THIS, THIS CURRENT, THE STORE HAS BEEN THERE A NUMBER OF YEARS. THIS CURRENT OWNED STORE, I WOULDN'T SAY STORE OWNER MANAGER, LEASE HOLDER, UM, THE STORE, THE SHOPPING CENTER IS OWNED BY SOMEONE ELSE. THIS PERSON WHO'S RUNNING THIS STORE AND HAS THE TABC LICENSES HAVE BEEN THERE A YEAR, AND HE'S HAD THE SECURITY GUARD THAT LONG. AND WHAT HOURS IS THE SECURITY GUARD OUT THERE? UH, FOUR IN THE AFTERNOON TILL SEVEN IN THE MORNING OF SEVEN DAYS A WEEK. UH, LOOKING THROUGH THE, THE CRIMES THAT WERE REPORTED, UH, IN ADDITION TO THE CRIMINAL TRESPASS, THERE APPEARS TO BE DISORDERLY CONDUCT AND PUBLIC INTOXICATION. SURE. IS THAT, AND, AND AGAIN, I I WOULD, I WOULD HAZARD TO GUESS IT'S PROBABLY US CALLING THE POLICE FOR THOSE, THOSE CALLS. YEAH. I'M NOT SAYING THE POLICE WOULDN'T BE THERE AND, AND, AND ACTUALLY CAUGHT SOMEBODY, BUT, BUT THE LIKELIHOOD IS, IS WE CALLED THE POLICE ON THOSE. UH, DO YOU HAVE ANY IDEA OF HOW LONG THE SECURITY GUARD IS CONTRACTED TO BE THE SERVICE TENANT? LIKE I, YOU KNOW, LIKE IS IT FOR ANOTHER SIX MONTHS OR A YEAR OR SOMETHING? YEAH, SO BECAUSE WHAT I'M TRYING TO GET AT, IT'S NOT GONNA BE A SITUATION WHERE IF WE APPROVE THIS, THAT THE SECURITY GUARD IS GONNA, OH, NO, BECAUSE HE, HE REALIZES THAT, UH, THERE'S A TIMEFRAME INVOLVED IN THIS AND HE'S GOTTA COME [02:20:01] BACK. AND I'VE EXPLAINED IT TO AS BACKGROUND AND STUFF, AND IT'S PROBABLY IN HERE, IN THE DOCUMENT MATERIAL ALSO, IS THIS WAS ON AN AUTOMATIC RENEWAL AND LIKELIHOOD IS, IT PROBABLY WOULD'VE NEVER BEEN BEFORE Y'ALL AS AN AUTOMATIC RENEWAL, BUT THE PREVIOUS TENANT DIDN'T, WHAT HE LEFT AND IT WENT TO SOMEPLACE ELSE. AND THIS NEW TENANT DIDN'T REALIZE THAT, THAT HE HAD A TIME PERIOD ON IT. UM, THEN HE, THE CITY NOTIFIED HIM AFTER THE AUTOMATIC RENEWAL FACT, IT EXPIRED. UM, YOU'VE BEEN OUT THERE. I TOLD HIM, HEY, DON'T BE SELLING ANY BEER AND WINE. YOU'RE, YOU'RE NOT, YOU'RE ILLEGAL. NOW, OBVIOUSLY THE TBC LICENSE IS A WHOLE DIFFERENT TIMEFRAME. UM, THE TBC LICENSE COULD BE FOR FIVE YEARS, AND THIS COULD BE FOR TWO YEARS, BUT AT THE END OF TWO YEARS, IF YOU DON'T GET IT RENEWED, YOU'RE NOT NONCONFORMING, YOU'RE ILLEGAL. TBC DOESN'T REALLY CARE ABOUT THAT. THEY JUST CARE ABOUT YOU HAVE YOUR LICENSE. SO HE REALIZES NOW THAT HE'S GOTTA KEEP TRACK OF THIS. AND, AND THAT'S WHY I SAID TO HIM, YOU BETTER QUIT SELLING ALCOHOL BECAUSE YOU, OR, OR SOMEONE ELSE FROM THE CITY MAY COME OUT THERE AND GO, WHAT, WHAT ARE YOU DOING IN SELLING ALCOHOL? YOU'RE NOT LEGAL TO SELL ALCOHOL. SO HE UNDERSTANDS THE RAMIFICATIONS, BELIEVE ME. UM, AND, AND I'M NOT SAYING THAT, OBVIOUSLY, IF, YOU KNOW, CONVENIENCE STORES AND STUFF, THE BEER AND WINE SALES IS A, IS A PROFIT CENTER FOR THEM. LET'S BE HONEST ABOUT IT. UM, HE'S HURTING , SO HE KNOWS HE'S GOTTA ACT. RIGHT? 'CAUSE HE DOESN'T WANT THIS TO HAPPEN TO HIM AGAIN. YOU KNOW? 'CAUSE IT, HE'S BEEN OUT NOT SAYING ALCOHOL FOR SIX MONTHS NOW, I GUESS. AND THAT'S A BIG CHUNK OF HIS INCOME, OBVIOUSLY. YEAH. MR. CROWLEY, I CAN'T CONFIRM. I'VE BEEN BY THERE TO, TO VALIDATE THAT AND YEAH. UH, THERE WERE NO ALCOHOL CELLS BEING DONE THERE. WELL, THAT'S GOOD. I'M, I, I I WAS THERE AND TOLD HIM TO DO IT, AND I WAS HOPING HE DIDN'T GO BACK AND DO IT AGAIN. SO THAT'S GOOD. UM, I CAN SEE, I, I, I UNDERSTAND THAT IF, IF, AND I, MY CLIENT MIGHT BE UPSET AT ME, BUT I'M GONNA SAY IT ANYWAY. I'VE BEEN DOING THIS, Y'ALL KNOW, FOR DECADES, IF YOU NEED A SHORTER TIME PERIOD, HE'S A NEW GUY. HE IS A NEW GUY. LET'S BE HONEST, YOU KNOW, UM, HE'S BEEN THERE FOR ABOUT A YEAR AND OKAY, UM, THE CRIME'S NOT TOTALLY OUTTA WHACK HERE. HE HAS A SECURITY GUARD. THAT'S GOOD. THERE'S PROBABLY OTHER BUSINESSES OUT THERE THAT DON'T HAVE THAT. HE ACTUALLY TOOK THAT INITIATIVE TO DO THAT. THAT IF, THAT, IF A TWO YEAR TIME PERIOD IS MORE APPROPRIATE TO GIVE HIM A, OKAY, YOU GET A TEST CASE, YOU'RE THE NEW, MUCH LIKE IN DISTRICT FIVE, YOU'RE THE NEW GUY, MAKE SURE YOU'RE GOOD. THE OTHER GUY HAD BEEN THERE A COUPLE OF TIMES AND HE OBVIOUSLY WAS EVOLVING AND, AND DID GOOD. AND HE'S NOT IN THAT STORE LOCATION ANYMORE. AND I DON'T THINK HE WAS ANY DIFFERENT CRIME WISE, BUT IF, IF A TWO YEAR TIME PERIOD MAKES, MAKES MORE SENSE, AND I THINK IT PROBABLY DOES WITH A NEW OPERATOR THAT'S, HE'S WILLING TO, HE'S, HE FEELS CONFIDENT THAT IN TWO YEARS, IF HE'S GIVEN TWO YEARS TO COME BACK AND WE'LL GO THROUGH THE PROCESS AGAIN AND HE'LL GET A FIVE YEAR AND MAYBE EVEN AUTOMATIC RENEWAL BECAUSE HE, HE IS VERY DILIGENT AND LIKE I SAY, HE CALLS ME EVERY DAY, CAN WE GET THE, I I, YEAH. SO HE UNDERSTANDS THE IMPORTANCE OF RUNNING A GOOD, GOOD BUSINESS BECAUSE OTHERWISE IT REALLY HURTS HIS BUSINESS. YEAH. SO IF TWO YEARS IS, FEELS, FEELS MORE APPROPRIATE, I UNDERSTAND THAT COMPLETELY. AND I'M SURE HE DOES TOO. IT'S A TRIAL. HE'S GOTTA BE, SOME PEOPLE NEED A LITTLE MORE HELP BEING A GOOD CITIZEN. I DON'T THINK HE DOES, BUT SOME PEOPLE NEED TO PROVE AND TO PROVE IT. SO, THANK YOU MR. CHAIR. YES, SIR. ONE QUICK FOLLOW UP FOR YOU, MR. IAN. AFTER, YOU KNOW, MAYBE DOING A HUNDRED OF THESE, AND YOU'VE PROBABLY DONE 10,000 OF THESE. NO, NOT, NOT, NOT THAT MANY. YEAH. IS IT FAIR TO SAY THAT MOST APPLICANTS DON'T TAKE THAT EXTRA STEP TO GET A SECURITY GUARD ON SITE? YEAH. I, YEAH, I, I WAS, I, WHEN HE TOLD ME HE HAD SECURITY FROM FOUR TO 10 OR FOUR TO SEVEN, I WAS LIKE, OR YEAH, FOUR TO SEVEN. I WAS LIKE, OKAY, THAT'S PROBABLY, YOU KNOW, LESS THAN HALF THAT DO THAT. YOU KNOW, OBVIOUSLY DEPENDS ON THE CORPORATE, YOU KNOW, IF IT'S A SEVEN 11, THEY MAY DO IT BECAUSE THEY PROBABLY HAVE THE WHEREWITHAL TO THE, THE MONEY TO DO IT. UM, BUT THE SMALL OPERATORS, IT'S DIFFICULT FOR THEM TO DO THAT. ALMOST NONE. YEAH. I, YEAH, I I WAS GONNA SAY TWO OUTTA 10 AND I MAY BE BEING GENEROUS. IT MAY BE HALF OUTTA 10, SO, YEAH. PERFECT. THANK YOU COMMISSIONERS. ANY OTHER QUESTIONS FOR MR. CARLEY? QUESTIONS FOR STAFF? OKAY. SEEING NONE, COMMISSIONER FRANKLIN, DO YOU HAVE MOTION, SIR? YES, MR. CHAIR IN THE MATTER OF Z 2 34 DASH 3 34, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE ZONING CHANGE AS RECOMMENDED BY STAFF WITH THE FOLLOWING CHANGES. UH, THIS SHOULD BE FOR A THREE YEAR PERIOD IN SUBJECT TO SITE PLAN AND CONDITIONS. THANK YOU COMMISSIONER FRANKLIN FOR YOUR MOTION. AND VICE CHAIR RUBIN FOR YOUR SECOND [02:25:02] COMMENTS. SEEING NONE, ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYES HAVE IT. GO TO NUMBER [10. 25-862A An application for a new Specific Use Permit for an alcoholic beverage establishment limited to a bar, lounge, or tavern on property zoned CR Community Retail District and a P(A) Parking District, on the west line of Inwood Road north of Lovers Lane.] 10. ITEM NUMBER 10 IS CASE Z. TWO THREE. FOUR. 3 3, 3. AN APPLICATION FOR A NEW SPECIFIC USE FOR AN ALCOHOLIC BEVERAGE ESTABLISHMENT. LIMITED TO A BAR, LOUNGE, OR TAVERN ON PROPERTY ZONE, CR COMMUNITY, RETAIL DISTRICT, AND A PA PARKING DISTRICT ON THE WEST LINE OF INWOOD ROAD, NORTH OF LOVER'S LANE. STAFF RECOMMENDATION IS APPROVAL FOR A THREE YEAR PERIOD SUBJECT TO A SITE PLAN AND CONDITIONS. THANK YOU VERY MUCH. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? IT SAYS ITEM NUMBER 10. COMMISSIONERS. ANY QUESTIONS FOR STAFF? SEEING NONE. COMMISSIONER HALL, DO YOU HAVE A MOTION? I DO. AND IF I MAY, UH, JUST A BRIEF COMMENT, UH, I'D LIKE TO, UH, I MOVE TO PLACE THIS UNDER ADVISEMENT UNTIL, UH, MARCH 20. THANK YOU, COMMISSIONER HALL FOR YOUR MOTION. COMMISSIONER HOUSER FOR YOUR SECOND COMMENTS. COMMISSIONER HALL? YES. UM, I, I REALLY, UH, HATE TO PUT THIS OFF ONE MORE TIME, BUT THE ISSUE HAS BEEN WE NEED TO HAVE A COMMUNITY MEETING ON THIS. AND THAT HAS BEEN SCHEDULED FOR, UH, MARCH THE 12TH AND WORKING WITH ONE OF THE, UH, COMMUNITY HOA CRIME MARCHES TO GET THIS DONE. AND MARCH THE 12TH WAS THE EARLIEST THAT EVERYTHING COULD COME TOGETHER. HENCE MY MOTION. THANK YOU. THANK YOU, SIR. ANY FURTHER COMMENTS? SEEING NONE OF THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES GREATER. [11. 25-863A An application for 1) a TH-3(A) Townhouse District; and 2) the termination of deed restrictions [Z167-361] on property zoned an NO(A) Neighborhood Office District, on the southeast corner of North Hampton Road and Calypso Street] NUMBER 11, LET THE RECORD REFLECT THE MR. RUBIN HAS A CONFLICT ON THIS ITEM AND IS STEPPING OUT OF THE CHAMBER. BACK TO MR. CLINT. THIS IS ITEM NUMBER 11, CASE Z 2 34 DASH 1 95. AN APPLICATION FOUR ONE A T TH THREE A TOWNHOUSE DISTRICT AND TWO DETERMINATION OF D RESTRICTIONS Z 1 67 DASH 360 1 ON PROPERTY ZONED IN NOA NEIGHBORHOOD OFFICE DISTRICT ON THE SOUTHEAST CORNER OF NORTH HAMPTON ROAD AND CALYPSO STREET STAFF. RECOMMENDATION IS APPROVAL. THANK YOU, SIR. I SEE THAT THE APPLICANT IS HERE. GOOD AFTERNOON. GOOD AFTERNOON. CHAIR COMMISSIONERS. WEST HOGWOOD 2 2 0 1 MAIN STREET, DALLAS, TEXAS 7 5 2 0 1. I'LL BE PRETTY BRIEF. UM, YOU KNOW, WE, IT'S A OFFICE ZONING AND WE'RE TRYING TO GET IT BACK TO RESIDENTIAL WITH, UH, TOWN HOME DISTRICT. THERE'S ONLY GONNA BE TWO UNITS THERE. WE MET WITH THE NEIGHBORS, KIND OF DISCUSS, DISCUSS SOME OF THEIR CONCERNS. THAT'S WHY WE'RE COMING IN WITH SOME OF THESE DEED RESTRICTIONS THAT WE HAVE. REALLY THE ONLY TWO THAT WE WANTED TO ADD, ADD TODAY OR NO, NO SHORT SHORT TERM RENTALS AND NO FLAT ROOFS AND NO ROOF DECKS. SO THAT'S WHAT WE'RE ASKING FOR AND WE'D, UM, JUST WANTED TO ADD THAT TO THE DEED RESTRICTIONS AND TRY TO CONVERT THIS BACK TO RESIDENTIAL. THOSE ARE THE ONLY TWO IN ADDITION TO WHAT WAS IN THE PACKET? YES. THOSE ARE THE TWO WE WANT TO ADD. AND THEN THE, TO THE ADDITION TO WHAT'S IN THE PACKET. CORRECT. PERFECT. THANK YOU, SIR. YES. UH, COMMISSIONER'S QUESTIONS FOR THE APPLICANT? QUESTIONS FOR STAFF? SEEING NONE. COMMISSIONER CARPENTER, DO YOU HAVE A MOTION? YES. THANK YOU. ON THE MATTER OF Z 2 34 DASH 1 95, I MOVE THAT WE CLOSE THE PUBLIC HEARING AND FOLLOW STAFF RECOMMENDATION OF APPROVAL SUBJECT TO THE DEED RESTRICTIONS, VOLUNTEER TO THE APPLICANT AS THEY APPEAR IN THE DOCKET AND AS AMENDED AT THE PODIUM. THANK YOU COMMISSIONER CARPENTER FOR YOUR MOTION. AND COMMISSIONER HOUSEWRIGHT FOR YOUR SECOND. ANY DISCUSSION? SEEING NONE ON THOSE IN FAVOR, SAY AYE. AYE. ANY OPPOSED? AYE. HAVE IT THE RECORD REFLECT VICE CHAIR LUMAN IS, UH, GONNA STEP BACK INTO THE CHAMBER. [12. 25-864A An application for a CS Commercial Service District on property zoned a R-10(A) Single Family District, on the east line of Quietwood Drive, between Interstate 20 and Kingsland Road.] WE'LL GO TO CASE NUMBER 12. THIS IS, THIS IS ITEM NUMBER 12, CASE Z 2 3 4 DASH 3 4 8 4 5. SORRY, AN APPLICATION FOR A CS COMMERCIAL SERVICE DISTRICT ON PROPERTY ZONED AND R 10, A SINGLE FAMILY DISTRICT ON THE EAST LINE OF QUIET WOOD DRIVE BETWEEN INTERSTATE 20 AND KINGSLAND ROAD STAFF. RECOMMENDATION IS APPROVAL. THANK YOU, SIR. SEE THAT THE APPLICANT IS BACK. GOOD AFTERNOON. GOOD AFTERNOON, CHAIR. GOOD AFTERNOON, COMMISSIONERS. UM, MY NAME IS CHRISTOPHER STEVENS, UH, SEVEN 16 QUIET WOOD, DALLAS, TEXAS. UM, I'M HERE, UM, ON A REZONE OBVIOUSLY. UM, I HAVE SOME DEED RESTRICTIONS THAT I LIKE TO VOLUNTEER. UM, I'M NOT SURE IF YOU, I KNOW YOU HAVE THE PACKET, BUT I HAVE, UH, A COUPLE CHANGES THAT I, UH, ADDED LAST NIGHT. UM, I CAN READ ALL OF THE DUE RESTRICTIONS I HAVE ON HERE, OR I CAN READ THE ADDITIONAL ONES THAT I ADDED THAT'S NOT IN THE PACKET. [02:30:01] YES. IF YOU COULD JUST READ THE ONES THAT WERE NOT IN THE PACKET, PLEASE. OKAY. UH, THE ADDITIONAL ONES WERE, UH, NO SALES OR HEAVY DUTY EQUIPMENT, OR TRUCKS OF TRUCKS. UM, ALSO I CHANGED THE VERBIAGE ON THE, THE CREEK. 'CAUSE I, I THOUGHT IT, YOU KNOW, I SEEN IT WAS A LITTLE VAGUE AS FAR AS, UH, WHERE THE DEVELOPMENT SHOULD OCCUR. UH, ADDED ON THERE. DEVELOPMENT SHALL NOT OCCUR WITHIN 20 FEET OF THE EXISTING CREEK TO THE SOUTHERN PORTION OF THE PROPERTY, UM, OF THE EXISTING CREEK. UM, THAT WILL BE USED AS A NATURAL BUFFER. I ALSO ADDED ON THERE IN THE BRIEFING. I, I, I SEEN, UH, THE OWNER SHALL MAINTAIN, UH, VEGETATION AND ALL TRASH CLEANUP FOR THE CREEK ALONG THE SOUTH AND EAST OF THE PROPERTY. AND THAT WAS IT. THANK YOU, SIR. UH, IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR OUR APPLICANT? OH, I'M SORRY. GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS ANDREW GREEN. I'M AT SEVEN 40 QUIET WOOD DRIVE. I'M HIS NEXT DOOR NEIGHBOR. UM, I'M IN SUPPORT OF THIS. I THINK, UH, THAT END OF THE STREET HAS BEEN UNMAINTAINED. UH, PEOPLE DUMP QUITE A BIT. AND SINCE HE'S COME INTO TOWN, UH, THINGS HAVE REALLY IMPROVED. SO I'D LIKE TO SEE MESQUITE TREE SERVICE, UH, AS MY NEXT DOOR NEIGHBOR. THANK YOU, SIR. THANK YOU FOR JOINING US COMMISSIONERS. QUESTIONS FOR OUR TWO SPEAKERS? YES. COMMISSIONER CARPENTER, A QUESTION FOR THE APPLICANT. JUST ONE QUESTION OF CLARIFICATION. SO YOU'RE, YOU'RE ADDING AN ADDITIONAL PROHIBITED USE, WHICH IS MACHINERY, HEAVY EQUIPMENT OR TRUCK SALES AND SERVICE? YES, MA'AM. THAT'S CORRECT. THANK YOU. YES, MA'AM. THANK YOU. COMMISSIONER FRANKLIN? UH, YES. UM, UH, THANK YOU MR. STEVENS. AND, AND THANK YOU FOR, UH, VOLUNTEERING, UH, THESE DEED RESTRICTIONS. SO IN, IN OUR EARLIER BRIEFING, WE DIDN'T GET THE FULL SCOPE OF, OF THE DESCRIPTION OF THE, OF THE DE UH, RESTRICTIONS, WHAT THERE WILL BE AND WHICH IS FOR THE BENEFIT. UH, COULD YOU IDENTIFY THOSE SPECIFIC DE RESTRICTIONS AGAIN AS YOU HAVE IT WRITTEN IN THE, UH, YES, AS FAR AS, UH, HOW THEY WILL APPEAR ON THE, UH, WHAT'LL BE FOULED? YES. OKAY, SURE. UH, SO DEVELOPMENT SHALL NOT OCCUR WITHIN 20 FEET OF THE EXISTING CREEK TO THE SOUTHERN PORTION OF THE PROPERTY. UH, THE EXISTING CREEK WILL BE USED AS A NATURAL BUFFER. AND ALSO JUST WANTED TO BRING, JUST PUT THIS ON RECORD, THE, THE CREEK THAT THEY'RE REFERRING TO AS A CREEK, IT'S, IT'S ACTUALLY NOT A CREEK, IT'S IT'S DRAINAGE. SO JUST WANTED TO PUT THAT ON RECORD THAT IT'S NOT A NATURAL FLOW FLOWING, UH, WATER. UH, ADDITIONALLY, UH, OWNER SHALL MAINTAIN VEGETATION AND ALL TRASH CLEANUP FOR CREEK ALONG SOUTH AND EAST OF THE PROPERTY, WHICH IS ON THE SURVEY. THE, YOU KNOW, THE CREEK IS IN OUR SURVEY. SO BY, YOU KNOW, NATURALLY WE WOULD OBVIOUSLY TAKE CARE OF IT. UM, IT'S OBVIOUSLY OVERGROWN RIGHT NOW, WHICH WILL SERVE AS A NATURAL BUFFER AGAINST MY NEIGHBORS. UH, I JUST WANTED TO PUT THAT ON RECORD. UH, ADDITIONALLY, THE USE OF HEAVY DUTY TRUCKS AS FAR AS IT GOES ON RECORD. UH, DID YOU HAVE A AD RESTRICTION, UH, PROHIBITING A VEHICLE ENGINE REPAIR AND MAINTENANCE? UH, NO, I DIDN'T. AND THE REASON BEING IS BECAUSE, UM, OBVIOUSLY I OWN A A FLEET OF, OF VEHICLES FOR MY TREE SERVICE, AND I DON'T WANNA LIMIT MYSELF TO BE ABLE TO MAINTENANCE MY TRUCKS, WHICH, I MEAN, I DON'T, WE'RE NOT GONNA REPAIR ANYONE ELSE'S VEHICLES, BUT I DON'T WANNA BE ABLE TO LIMIT MYSELF TO WORK ON MY OWN, UH, VEHICLES IF WE NEED TO MAINTAIN 'EM. UH, AND WHEN I MEAN BY MAINTAIN, I MEAN, UM, UH, WASH 'EM OR, YOU KNOW, TIE ROTATION OR, YOU KNOW, JUST MONITOR MAINTENANCE. I HAVE A QUESTION EITHER FOR, FOR STAFF OR THE ATTORNEY. OKAY. IF, IF THIS DEED RESTRICTION WAS INCLUDED INTO, UH, THE DEED RESTRICTIONS, WOULD THAT PROHIBIT HIM FROM THE SERVICING HIS OWN VEHICLES? BECAUSE AS, AS IT IS WRITTEN, IT COULD BE AS A SERVICE IF SOMEONE PURCHASED THE LAND AND AS A SERVICE. I MEAN, THAT WAS THE BUSINESS THAT THEY WERE IN. DID THAT PRECLUDE THE, THE CURRENT OWNER FROM USING IT TO SERVICE HIS OWN HIS PRODUCTS? THAT IS A GREAT QUESTION. UM, YEP. [02:35:01] I THINK LAURA HAS A ANSWER FOR THAT. UM, IT WOULD, BECAUSE IT'S PERTAINING TO THE USE AND NOT WHO EXACTLY IS DOING THE USE. UH, YOU MAY CONTINUE WITH, UH, THE REST OF THE ID RESTRICTIONS. UH, THAT, THAT WAS IT, COMMISSIONER, THOSE WERE THE ONLY THREE THAT I ADDED ON THERE. UH, THE DEVELOPMENT OF THE, UH, OBVIOUSLY CHANGING THE VERBIAGE OF HOW FAR THE CREEK WOULD BE DEVELOPED FROM, AND, UH, JUST, YOU KNOW, PUTTING ON RECORD THAT WE WILL MAINTAIN THE TRASH AND DEBRIS CLEANING UP, UM, OF BOTH THE SOUTH AND THE EAST OF THE PROPERTY. UH, WHICH RIGHT NOW THE EAST SIDE OF THE PROPERTY IS A DUMP HAVEN, SO, UH, MY PLANS ARE TO POSSIBLY MAYBE PUT A FENCE AND, YOU KNOW, TRY TO KEEP IT UP AT THIS MOMENT. UH, THAT WAS IT THAT I ALL I VOLUNTEERED. NOW, I JUST WANNA BE CLEAR HERE, UH, YOU DIDN'T VOLUNTEER ANY RESTRICTIONS ON HAVING A MINI WAREHOUSE OR WAREHOUSE ON THE, ON THE PROPERTY? I DIDN'T. AND ANOTHER REASON BEING, UH, WITH THE MINI WAREHOUSES, I WASN'T, HONESTLY, IF I ADD THE MINI WAREHOUSES, I'M NOT SURE IF I'LL BE ABLE TO PUT MY WAREHOUSE AS FAR AS, NOT, NOT NECESSARILY A WAREHOUSE, BUT FOR STORAGE. UM, I'M PRETTY SURE THAT WOULD PROBABLY LIMIT ME AND MY, UH, CAPABILITIES OF WHAT I CAN DO IN THE FUTURE. AS FAR AS, YOU KNOW, OBVIOUSLY I'M A TREE SERVICE, SO I HAVE TO HAVE, YOU KNOW, A PLACE TO PUT MY EQUIPMENT SO THAT, YOU KNOW, LIMITED IN A MINI WAREHOUSE. I, I THINK THAT WOULD FALL UNDER, YOU KNOW, I'M NOT GONNA BUILD A MAJOR WAREHOUSE. SO I THINK THAT WOULD KIND OF, UH, LIMIT MYSELF IN THE FUTURE OR WHEN I DECIDE TO OBVIOUSLY GET SOMETHING TO STORE MY EQUIPMENT IN ON THAT SIDE. AND THE SAME QUESTION, UH, FOR STAFF OR THE ATTORNEY, UH, BY INCLUDING A MINI WAREHOUSE OR WAREHOUSE, WOULD THAT PRECLUDE HIM FROM STORING HIS TOOLS AND EQUIPMENT FOR HIS OWN USE? UH, SO MINI WAREHOUSE, UM, THE INFORMATION I'M RECEIVING IS IN REF IN REFERENCE TO, UH, SOMETHING LIKE PUBLIC STORAGE OR, UM, LIKE THAT TYPE OF BUSINESS. IT DOESN'T SEEM LIKE THE APPLICANT APPLICANT IS DOING THAT. HE JUST WANTS TO BE ABLE TO CONSTRUCT A STORAGE FACILITY TO WHERE HE CAN PUT HIS, YOU KNOW, HIS ITEMS, UH, MATERIALS, THINGS OF THAT NATURE. SO I THINK IT MAY BE, WE MIGHT BE OKAY TAKING THAT OFF. UM, LAURA, DO YOU HAVE ANYTHING TO ADD TO THAT? NO, THAT, THAT TYPE OF STORAGE WOULD, I THINK DEFINITELY BE CUSTOMARILY INCIDENTAL, UH, TO THE MAIN USE. SO THAT WOULDN'T BE A PROBLEM IF THE APPLICANT WERE TO VOLUNTEER TO RESTRICT MINI WAREHOUSE, UH, WOULD YOU BE AMENABLE TO VOLUNTEERING THAT RESTRICTION? SO JUST SO I'M, JUST SO I'M CLEAR ON THE RECORD, THE MINI WAREHOUSE IS CONSIDERED TO BE A, I'M SORRY. PLEASE CONTINUE. OH, I'M SO SORRY. YEAH, NO, YOU'RE FINE. UH, I JUST WANT TO MAKE SURE ON THE RECORD, SO THE MINI WAREHOUSE, FROM WHAT THE ATTORNEY WAS SAYING, IS CONSIDERED A, UH, LIKE A PUBLIC STORAGE OR LIKE, UH, OKAY. SO YEAH, IF THAT, IF THAT'S WHAT THAT IS AND THAT'S ON RECORD THAT I, I DON'T MIND ADDING THAT DE RESTRICTION FOR THE MINI WAREHOUSE LONG AS IT ON RECORD. IT DOESN'T RESTRICT. AND, AND, AND I'M NOT TELLING YOU TO, TO DO THAT. NO, NO, I UNDERSTAND. AND I'M VOLUNTEERING THAT ON MY OWN. COMMISSIONER WHEELER, FOLLOWED BY VICE CHAIR RUBEN. SO, SO SOMEONE WHO DOES, COS I'M IN THE MIDDLE OF COS RIGHT NOW. UM, IT COULD BE BECAUSE WHEN IT GETS TO DEVELOPMENT SERVICES, UM, IT'S A SEPARATE BUILDING THAT HE'S GOING TO BE STORING HIS, HIS, UM, HIS EQUIPMENT AND HIS EQUIPMENT CAN END UP BEING POSSIBLY A BILL, UM, FOR THE, WHAT'S THE BIG TRUCK THAT CUTS DOWN THE TREES? I, I NECESSARILY DON'T KNOW THAT THAT WOULD BE ADVISABLE TO HIM BECAUSE FROM A CO SOMEONE WHO PULLS COS REGULARLY DEVELOPMENT SERVICES MIGHT INTERPRET OR HA OR IT MIGHT END UP BEING THAT SEPARATE BUILDING THAT THAT IS A WAREHOUSE OR STORAGE OR OFFICE OR A SHORT ROOM. AND SO I DON'T KNOW IF THAT'S SAFE, IF THAT INTERPRETATION, THAT DE RESTRICTION. UM, IT CAN BE, IT CAN BE FUNNY AND I, AND [02:40:01] LITERALLY I'M, I JUST PULL COS THIS MORNING FOR THAT AND I, I PULL HIM REGULARLY AND I AND ON THAT ONE, BECAUSE HE'S GOING TO U POSSIBLY HAVE A SEPARATE BUILDING ON SITE THAT STORES ONLY HIS VEHICLES AND THOSE TYPE OF DEALS, IT COULD BE RECEIVED AS A MINI WAREHOUSE. HE, MR. CHAIR? YES, PLEASE. UH, LAURA MORRISON, CITY ATTORNEY'S OFFICE. THE FACT THAT THE GENTLEMAN MIGHT BE STORING, UM, HIS EQUIPMENT IN AN ACCESSORY BUILDING THAT'S SEPARATE FROM THE MAIN BUILDING WOULDN'T HAVE ANY IMPACT ON, ON THIS WHATSOEVER. IT STILL WOULDN'T FALL UNDER THE DEFINITION OF MINI WAREHOUSE AND THE DEVELOPMENT CODE. OKAY. SO I, I DON'T MIND VOLUNTEERING THOSE. UM, BUT JUST SO THE PUBLIC IS CLEAR WITH MY PLANS FOR THE, FOR THE PROPERTY, UM, AS DISCUSSED, I PLAN ON PUTTING COVERED PARKING. UM, AND IN ORDER TO DO THAT, BECAUSE IT'S ITS OWN LOT I HAVE TO PUT PERMIT WON'T ALLOW ME TO JUST PUT A COVERED PARKING ONLY, UH, FROM WHAT I'VE BEEN TOLD, UH, DURING THE PERMIT PROCESS. SO I WOULD HAVE TO ACTUALLY HAVE SOME TYPE OF BUILDING TO GO ALONG WITH MY COVERED PARKING. I JUST COULDN'T PUT UP COVERED PARKING. AND THAT'S WHAT I WAS TOLD BY, UH, PERMITTING. SO. WELL, MR. STEVENS, JUST, JUST SO YOU KNOW, UH, YOU KNOW THAT THIS HEARING AND THE FACT THAT IT'S PUBLIC IS NOT GONNA HELP YOU WHEN YOU GET THE PERMITTING. I UNDERSTAND. YEAH. JUST LETTING YOU KNOW. I UNDERSTAND. WHAT, WHAT YOU VOLUNTEER HERE TODAY IS, IS TOTALLY SEPARATE HERE. ONCE YOU, ONCE YOU GET THE PERMITTING, THEY'RE NOT GONNA GO BACK AND LOOK AT THIS TAPE. OKAY. JUST LETTING YOU KNOW. OKAY. THAT'S TRUE. RUBEN, COMMISSIONER CARPENTER, PLEASE. GOING BACK TO THE ISSUE OF VE VEHICLE OR ENGINE REPAIR OR MAINTENANCE, UM, WOULD IT ADDRESS THE CONCERNS IF A DEED RESTRICTION WERE TO BE OFFERED THAT SAID SOMETHING TO THE EFFECT THAT VEHICLE OR ENGINE REPAIR OR MAINTENANCE IS LIMITED TO THE REPAIR OR MAINTENANCE OF THE VEHICLES OF A CONTRACTOR'S MAINTENANCE YARD? UH, YES, I CAN VOLUNTEER THOSE. THANK YOU. THAT WOULD, THAT WOULD, THAT WOULD, I CAN DO THAT. ANY OTHER QUESTIONS? YES, SIR. COMMISSIONER, HALT. YEAH, I JUST WANTED TO THANK YOU, SIR FOR VOLUNTEERING TO, UH, KEEP THAT CREEK AREA CLEAN. YES, SIR. ABSOLUTELY. I APPRECIATE THAT. LIKE I SAID, WE'RE A TREE SERVICE AND WE'RE ALL ABOUT BEAUTIFICATION, SO, YOU KNOW, I KNOW IT'S A LOT OF COMPANIES THAT, THAT JUST, YOU KNOW, LIVE TO CUT DOWN TREES, BUT, UH, THAT'S NOT US. SO, YOU KNOW, OUR PLAN IS TO OBVIOUSLY BEAUTIFY THAT PROPERTY AND, AND BRING IT UP AND, UH, AND BE AN ADDITION TO THAT NEIGHBORHOOD. SO, THANK YOU COMMISSIONERS. ANY OTHER QUESTIONS FOR OUR SPEAKERS? QUESTIONS FOR STAFF? OKAY. SEEING NONE, COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? I HAVE A QUESTION. OH, YOU HAVE A QUESTION? COMMISSIONER WHEELER, PLEASE GO AHEAD. AGAIN, FROM SOMEONE WHO PULLS COS ON A REGULAR BASIS, I, I, I DO HAVE A MAJOR CONCERN. I KNOW WHAT WE ARE SAYING, DEVELOPMENT CODE SAYS, BUT I PULL COS EVERY DAY AND I AM HIGHLY CONCERNED WITH WHAT HE, WHAT HE'S, WHAT HE'S GOING TO NEED AND THE MANY WAREHOUSE RESTRICTION THAT WE'RE PUTTING ON HIM. I MEAN, THAT, THAT HE'S OFFERED UP. I I'M, I HAVE A HIGH CONCERN FOR THAT AND I UNDERSTAND THAT WHAT IS BEING READ, BUT I ALSO KNOW WHAT IT CAN BE INTERPRETED BY THAT AND HE'S GOING TO NEED A, THAT, THAT, THAT STORAGE FACILITY WHERE WHATEVER IT IS. BUT THAT'S THE ONLY CONCERN. UM, AND I UNDERSTAND WE'RE ALSO TRYING TO PROTECT THE NEIGHBORHOOD ABOUT SOMEONE THAT IF HE DECIDES TO SELL THE PROPERTY, BUT THAT DEED RESTRICTION REALLY CONCERNS ME. UM, AND I MAKE A LIVING AT DOING THAT. SO I'M HAVING AN ISSUE WITH THAT PORTION OF THE DEED. EVERY OTHER DEED RESTRICTION I HAVE NO ISSUES WITH. CAN I GO BACK ON RECORD AND TELL YOU SOMETHING? UM, UH, AS DISCUSSED A WHILE AGO, THE COVERT PARKING THAT I'M USING IS GOING TO BE A 40 BY 100. SO I DON'T KNOW IF Y'ALL, UM, CAN PULL UP THE LOT, BUT, UH, IF YOU LOOK AT THE LOT SIZE, BY THE TIME I'M DONE PUTTING MY COVERED PARKING UP, I ONLY HAVE ROOM FOR, UH, A MINI WAREHOUSE. SO IT SEEMS LIKE THE MINI WAREHOUSE, IF I GO AND RE UM, VOLUNTEER THAT RESTRICTION BASED ON WHAT I'VE, I'M, I'M HEARING, I, I THINK THAT MAY AFFECT ME IN SOME WAY. SO AT THIS POINT I'M GONNA CHOOSE NOT TO. YOU WITHDRAW THAT ONE? YES, SIR. OKAY, LET'S WITHDRAW IT FOR THE MOMENT. VICE CHAIR RUBIN, I JUST WANNA ASK STAFF IF THE, THE CODE SAYS A MINI WAREHOUSE IS DEFINED AS A BUILDING OR GROUP OF BUILDINGS CONTAINING ONE OR MORE [02:45:01] INDIVIDUAL COMPARTMENTALIZED STORAGES FOR THE INSIDE STORAGE OF CUSTOMERS GOODS OR WARES WHERE NO UNIT EXCEEDS 500 FEET IN FLOOR AREA. IN YOUR VIEW, IS THERE ANY WAY THAT STORAGE OF, OF ONE BUSINESS OPERATOR'S EQUIPMENT COULD BE CONSTRUED AS A MINI WAREHOUSE? IN MY OPINION, NO. UM, HOWEVER, JUST GOING OFF OF COMMISSIONER WHEELER'S CONCERN AND LOOKING FURTHER DOWN THE LINE, HOW THAT COULD BE INTERPRETED. I MEAN, IT IS REALLY UP IN THE AIR. SO WHO WOULD BE THE CUSTOMERS THAT ARE RENTING OUT MANY WAREHOUSE SPACE ON THE PROPERTY? RIGHT. YEAH, NOBODY, BECAUSE IT'S HIS. YEAH. AND IT, IT WOULD, IT WOULD HAVE TO BE BROKEN UP INTO COMPARTMENTALIZED STORAGE UNITS, NOT JUST ONE STORAGE FACILITY ON THE PROPERTY. RIGHT, RIGHT. OKAY. MR. CHAIRMAN, MAY I PLEASE? YES. SORRY YOU COULDN'T TELL, I'M JUST, JUST LIKE DYING TO GET IN ON THIS PLEASE. UM, MEGAN WEIMER, UM, ASSISTANT DIRECTOR. UM, SO AS A REPRESENTATIVE FROM THE, UH, BUILDING INSPECTION DIVISION FOR THE DEPARTMENT, UM, I WILL SAY THAT THERE WOULD NOT BE CONFUSION REGARDING THE MINI WAREHOUSE USE. I MEAN, IT'S CLEAR IN THE CODE WHAT'S INTENDED HERE, WHICH IS THE SELF STORAGE TYPE FACILITY. AND A STORAGE BUILDING WOULD NOT, I MEAN, OUR PLAN SIGN EXAMINERS KNOW WHAT THEY'RE LOOKING FOR AND I DID NOT SEE THAT THERE WOULD BE ANY, UM, CONFUSION ABOUT THIS USE BEING WHAT THIS GENTLEMAN IS PROPOSING TO DO. OKAY. THANK YOU. THAT'S VERY HELPFUL. OKAY. IT IS VERY HELPFUL AND BECAUSE OF THAT I'LL VOLUNTEER. THANK YOU SIR. RESTRICTION FOR THE MINI WAREHOUSE. THANK YOU, SIR. YES, SIR. UH, NEW UH, DEED RESTRICTION HAS BEEN VOLUNTEERED BY THE APPLICANT. UH, ANY FURTHER QUESTIONS? COMMISSIONERS FOR STAFF? SEEING NONE. COMMISSIONER FRANKLIN, DO YOU HAVE A MOTION? I DO. AND I MIGHT NEED ASSISTANCE ON GETTING THIS RIGHT BECAUSE I WANNA MAKE SURE THAT WE CAPTURE THE VOLUNTEER DEED RESTRICTIONS. SO IN THE MATTER OF Z 2 3 4 DASH 3 4 5, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE ZONING CHANGE AS RECOMMENDED BY STAFF SUBJECT TO THE DEED RESTRICTIONS. SUBJECT TO THE DEED RESTRICTIONS VOLUNTEER BY THE APPLICANT THAT WAS VOLUNTEER BY THE APPLICANT? YES SIR. THEY APPEAR IN THE DOCKET AND AS AMENDED AT THE PODIUM? YES. AND ON THE DOCKET AND AS AMENDED AT THE PODIUM? AT THE PODIUM? YES SIR. THANK YOU COMMISSIONER ROGER THAT. THANK YOU. THANK YOU COMMISSIONER FRANKLIN FOR YOUR MOTION AND I WILL SECOND IT. ANY COMMENTS? SEEING NONE OF THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYES HAVE IT. WE'LL GO TO, UH, MR. CLINTON [13. 25-865A An application for the termination of Deed Restriction Z834-294 on property zoned a CR Community Retail District, on the south line of Bruton Road, between North Prairie Creek Road and Riverway Drive.] RIGHT BACK TO YOU ON NUMBER 13. ALRIGHT. ITEM NUMBER 13 IS CASE Z 2 34 DASH THREE 50. AN APPLICATION FOR THE TERMINATION OF D RESTRICTION Z 8 34 DASH 2 94 ON PROPERTY ZONE, A CR COMMUNITY RETAIL DISTRICT ON THE SOUTH LINE OF BRUTON ROAD BETWEEN NORTH PRAIRIE CREEK ROAD AND RIVERWAY DRIVE. STAFF RECOMMENDATION IS APPROVAL. THANK YOU MR. CLINTON. IS THERE ANYONE HERE WHO WANTS TO SPEAK ON THIS ITEM? CASE NUMBER 13 Z 2 34 3 50. GOOD MORNING. UH, MY NAME IS MAN PER WALIA. I'M THE OWNER OF THIS PROPERTY. I JUST, UH, WOULD LIKE TO, UH, TERMINATE THIS, UH, DEED 'CAUSE IT'S BEEN SINCE 1985. WE, UH, WE ARE BUILDING A RETAILER STORE AND RESTAURANTS OVER THERE AND IT WON'T ALLOW US TO PUT THERE ANY RESTAURANT OR C STORE. UH, JUST WOULD LIKE TO SEE IF WE CAN, UH, TERMINATE THE DE. THANK YOU. ARE THERE ANY OTHER SPEAKERS ON THIS ITEM? CASE NUMBER 13. ANY QUESTIONS FOR THE APPLICANT? QUESTIONS FOR STAFF? SEEING NONE, MR. CHAIR, DO YOU HAVE A MOTION? I DO. AND HAVE A BRIEF COMMENT. IF I GET A SECOND, THE MATTER OF Z 2 34 3 50, I MOVE. NOT THE FALSE STAFF RECOMMENDATION, BUT RATHER DENY THE APPLICATION WITHOUT PREJUDICE. THANK YOU. CHAIR SCH DID FOR YOUR MOTION. AND COMMISSIONER CARPENTER FOR YOUR SECOND, UM, YOUR AND YOUR COMMENTS. MR. YES, SIR. THANK YOU. UM, YOU KNOW, THESE CASES ARE SOMETIMES, AT LEAST FOR ME, SOME OF THE MOST DIFFICULT ONES. THE ONES WHERE WE HAVE A, A LOT EITHER AT THE END OF THE STREET OR, UH, OR CLOSE TO SOME OTHER LOTS THAT HAVE ALREADY BEEN REDEVELOPED COMMERCIAL, BUT NEXT TO SINGLE FAMILY. THIS ONE FOR ME, UH, YOU KNOW, I THINK MAYBE PUTTING [02:50:01] A COMMERCIAL USE THERE OR EVEN A GAS STATION AS I THINK YOUR, YOUR REPRESENTATIVES HAVE, UH, HAD EXPRESSED TO ME. IT'S JUST TOO SMALL A SITE. UH, THE LOT, THE DEPTH OF IT IS TOO SHALLOW. UH, THE SINGLE FAMILY RIGHT BEHIND THE ADJACENCY, THEIR LOTS ARE VERY SMALL. THEIR HOMES ARE RIGHT UP AGAINST THE FENCE. UH, SO I I THINK IT'S JUST, UH, NOT THE KIND OF SITE THAT I THINK COULD SEE THIS KIND OF USE. THE DENIAL IS WITHOUT PREJUDICE. UH, IF YOU CAN FIND ANOTHER, USE ANOTHER ZONING CATEGORY THAT MIGHT BE BEST FOR YOU, YOU CAN REAPPLY. UH, BUT AT THE MOMENT I THINK IT'S JUST TOO INTENSE. SI UH, A USE FOR SUCH A SMALL LOT. UH, AND THEREFORE, UH, THE REQUEST WAS DENIAL WITHOUT PREJUDICE. COMMISSIONERS. ANY OTHER COMMENTS ON THIS ITEM? ALRIGHT, SEEING NONE, WE HAVE A MOTION BY CHAIR SCHITZ, SECONDED BY COMMISSIONER CARPENTER. NOT FOLLOW STAFF RECOMMENDATION, BUT TO DENY THE APPLICATION WITHOUT PREJUDICE. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? SAY NAY. THE MOTION CARRIES. THANK YOU SIR. CASE NUMBER [14. 25-866A An application for an amendment to Planned Development District No. 143, on the northwest corner of IH-635 and Valley View Lane] 14. THANK YOU, MR. CLINTON. GOOD AFTERNOON, MR. MR. CHAIR, COMMISSIONERS. GOOD AFTERNOON. UH, NUMBER 14, LISTED AS TWO FIVE DASH 8 66 A, UH, Z 2 3 4 2 71 LL. IT'S AN APPLICATION FOR AN AMENDMENT TO PLAN DEVELOPMENT DISTRICT NUMBER 1 43. THIS IS ON THE NORTHWEST CORNER OF INTERSTATE 6 35 AND VALLEY VIEW LANE. STAFF RECOMMENDATION WAS APPROVAL SUBJECT TO AMENDED DEVELOPMENT LANDSCAPE TRAFFIC MANAGEMENT PLANS AND AMENDED CONDITIONS. UM, THERE WAS AN EMAIL TO THE COMMISSION. THERE WERE SOME CHANGES MADE, UH, AFTER THE DOCKET WAS ALREADY PUBLISHED. UM, SO STAFF RECOMMENDATION WOULD BE APPROVAL SUBJECT TO THE REVISED AMENDED DEVELOPMENT, UH, LANDSCAPE AND, UM, REVISE AMENDED CONDITIONS WITH THE TRAFFIC MANAGEMENT PLAN AMENDED. THANK YOU VERY MUCH. UH, SEE THAT THE APPLICANT IS HERE. GOOD AFTERNOON. HELLO, MR. CHAIR. COMMISSIONERS. THANK YOU FOR YOUR TIME. VICTORIA MORRIS WITH JACKSON WALKER, 2323 ROSS AVENUE, SUITE 600. I'M HERE TODAY ON BEHALF OF THE COVENANT SCHOOL WITH AN AMENDMENT TO THE PDS, UH, TO THE SCHOOL'S. PD, PD NUMBER 1 43. THE SCOPE OF THE AMENDMENT IS RELATIVELY SIMPLE. UM, WE ARE ADDING A NEW PARKING AREA THAT SHOWN ON THE DEVELOPMENT PLAN TO BETTER ACCOMMODATE FACULTY, STAFF, AND STUDENT PARKING ON THE CAMPUS. AND TO ADDRESS THE NEIGHBORHOOD REQUESTS TO ENSURE STUDENTS PARK ON CAMPUS AND NOT ON THE PUBLIC RESIDENTIAL STREETS. WE'RE ALSO INCLUDING A GUARDHOUSE TO ENHANCE SAFETY FOR THE SCHOOL AND THE SURROUNDING NEIGHBORHOOD. AND AN UPDATE TO THE ATHLETIC FIELD BLEACHERS TO RIGHT SIZE THE SEATING CAPACITY WITH THE PRIVATE COVENANTS THAT WE HOLD WITH THE NEIGHBORHOOD ASSOCIATIONS. AND ALSO TO PERMIT A LIMITED NUMBER OF BLEACHER SEATS ON THE SOUTH SIDE OF THE ATHLETIC FIELD. WE HAVE HAD TWO FULL HOA NEIGHBORHOOD MEETINGS AND TWO ADDITIONAL WORKSHOP MEETINGS WITH NEIGHBORHOOD REPRESENTATIVES AND WE ARE TRENDING VERY POSITIVELY. UM, BUT WE WOULD RESPECTFULLY REQUEST FOR A POSTPONEMENT UNTIL MARCH 20TH SO THAT WE CAN HAVE ONE FINAL NEIGHBORHOOD HOA MEETING ON MARCH 18TH TO HOPEFULLY SEEK APPROVAL FOR THE AMENDMENT TO THE PRIVATE DEED RESTRICTIONS THAT WE HAVE WITH THEM. AND OUR MOST SINCERE THANKS TO COMMISSIONER NIGHTINGALE FOR HER TIME AND EFFORTS WITH THIS MATTER. SO THANK YOU. THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR MS. MORRIS. QUESTIONS FOR STAFF? C NONE. COMMISSIONER NIGHTINGALE, DO YOU HAVE A MOTION? YES. IN THE MATTER OF Z 2 34 DASH 2071. I MOVE TO KEEP THE PUBLIC HEARING OPEN AND HOLD UNDER ADVISEMENT UNTIL MARCH 20TH. THANK YOU. COMMISSIONER KNIGHT, GO FOR YOUR MOTION AND COMMISSIONER HOUSER FOR YOUR SECOND. ANY COMMENTS? SEE NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? AYES HAVE IT. GOOD. NUMBER [15. 25-867A An application to amend a portion of deed restrictions [Z045-239] on property zoned an R-10(A) Single Family District with deed restrictions [Z045-239], on the northeast line of Middlefield Road, southeast of Bicentennial Lane] 15. THANK YOU. ITEM 15 IS CASE Z 2 34 DASH 2068. AN APPLICATION TO AMEND A PORTION OF DEED RESTRICTIONS Z 0 4 5 DASH 2 3 9 ON PROPERTY ZONE IN R 10, A SINGLE FAMILY DISTRICT WITH DEED RESTRICTIONS Z 0 4 5 [02:55:01] DASH 2 3 9 ON THE NORTHEAST LINE OF MIDDLEFIELD ROAD, SOUTHEAST OF BICENTENNIAL LANE. STAFF RECOMMENDATION IS APPROVAL. THANK YOU. UH, IS THERE ANYONE HERE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? I SEE THE APPLICANT IS HERE. GOOD AFTERNOON. TOMMY MANN 500 WINSTEAD BUILDING REPRESENTING THE APPLICANT. UM, THIS IS A CASE THAT I THINK IS KIND OF A MICROCOSM OF THE STRUGGLE WE HAVE IN THIS ROOM EVERY WEEK ON TRYING TO DELIVER NEW HOUSING. WE HAVE DEED RESTRICTIONS THAT WERE PUT IN PLACE IN 2005. MY CLIENT ACTUALLY PURCHASED THE PROPERTY OR BEGAN THEIR PURCHASE OF LOTS IN 2022. THEY'VE BEEN BUILDING AND SELLING HOMES EVER SINCE. THERE'S 157 LOTS TOTAL IN THE SUBDIVISION. WE'VE BUILT AND SOLD 79 SO FAR TODAY. THE SMALLEST HOME THAT COULD BE BUILT IS 1600 SQUARE FEET. THOSE INITIALLY SOLD FOR $270,000. TODAY THEY'RE AT 330. AND YOU MAY SAY, WHAT'S THE PROBLEM? ISN'T YOUR CLIENT MAKING MORE MONEY? NO, THEY'RE MORE EXPENSIVE BECAUSE THE COST OF LABOR MATERIALS HAVE GONE UP. BUT ALSO THE VELOCITY OF SALES HAVE GONE DOWN SIGNIFICANTLY BECAUSE WE'RE HEARING FROM BUYERS THAT THEY WANNA BE CLOSER TO THE $300,000 PRICE POINT. SO THE WAY TO GET THERE IS TO BE ABLE TO BUILD SOME HOMES THAT ARE SOMEWHAT SMALLER. AND SO THE REQUEST THAT'S BEFORE YOU IS A RESULT OF SOME COMMUNITY MEETINGS. BUT THAT'S THE UNDERLYING GOAL HERE. SO WE'VE NOW ASKED FOR THE ABILITY TO DO 20 HOMES THAT ARE BETWEEN 1,440 SQUARE FEET AND 1600 SQUARE FEET, KEEPING THE REST OF THE DEED RESTRICTIONS IN PLACE. THESE ARE NOT RESTRICTIONS THAT YOU ALL REALLY DO ANYMORE ON THE SIZE OF HOMES, BUT THEY'RE ABOUT 20 YEARS OLD. AND I UNDERSTAND THE CONCERNS OF THE COMMUNITY THAT SOME OF THEM MAY BE HERE AND I'LL BE HAPPY TO RESPOND TO IT. UM, BUT THAT'S REALLY WHAT WE'RE TRYING TO ACHIEVE HERE. AND THE HOPE HERE IS TO BE ABLE TO BUILD OUT AND FINISH OUT THE SUBDIVISION, UH, AND MEET THE MARKET THAT WE'RE SEEING FOR THE DEMAND FOR THESE HOUSES, WHICH OVERALL IS ENCOURAGING BUT HAS SLOWED SIGNIFICANTLY TO, AND INTEREST RATES HAVE GONE UP. IT'S HARDER FOR THE BUYERS, IT'S HARDER FOR THE BUILDERS. WE'RE TRYING TO FIGURE OUT A WAY TO GET THIS SUBDIVISION FINISHED. SO HAPPY TO ANSWER QUESTIONS. I THINK THERE'S SOME OTHER COMMENTS THAT I'LL RESPOND TO. THANK YOU, SIR. OR IS THERE ANYONE ELSE I'D LIKE TO SPEAK IN FAVOR OF THIS CASE? ANYONE HERE IN OPPOSITION? YES. COME ON DOWN. THANK YOU. UM, I'M DAVID CARRANZA. 1 4 4 6 4 KLEBERG ROAD, DALLAS, TEXAS. I'M THE PRESIDENT OF THE KLEBERG NEIGHBORHOOD ASSOCIATION IN CRIME WATCH. UM, WE, I LIKE TO SPEAK ABOUT THIS BECAUSE WE DID HAVE A BIG MEETING AND ACTUALLY WE GOT A LOT OF THE RESIDENTS WHO LIVE IN THAT DEVELOPMENT TO COME AND, UM, WE UNDERSTAND THEIR HARDSHIP, BUT IT'S UNFORTUNATE THAT THIS IS GOING ON. IT'S NOT THAT THE RESIDENTS FAULT THAT IT'S TAKEN SO LONG TO, TO START SELLING THE SECOND PART OF THESE PROPERTIES. UM, AND TALKING WITH THEM, THEY WERE MAKE WILLING TO MAKE SOME CONCESSIONS. UH, THE RESIDENTS DIDN'T WANNA SEE THE BRICK COME OFF THE FRONT OF THE HOUSES. THEY'D RATHER HAVE IT MAKE IT CHEAPER INSIDE AND LOOK NICER OUTSIDE. AND THEY WERE, THEY SAID THEY COULD POSSIBLY DO THAT. BUT ONE THING THAT ALL THE RESIDENTS, UM, EVERYBODY THERE COMPLAINED ABOUT WAS THAT THEY'RE PAYING HOA FEES AND THEY HAVEN'T HEARD FROM ANYBODY. AND I UNDERSTAND THEY JUST FIRED THEIR HOA PEOPLE, BUT THESE RESIDENTS, UM, NEED TO BE HEARD. AND, AND I UNDERSTAND THIS IS SOMETHING THAT ISN'T PART OF THIS, BUT, UM, AS A NEIGHBORHOOD ASSOCIATION WHO HAS TO DEAL WITH DEVELOPERS WHO HAVE NEIGHBORHOOD ASSOCIATIONS OR H HOAS THAT END UP DOING NOTHING WITH IT, WE GET THE THE LEFTOVERS AND WE HAVE TO HELP THEM PICK UP AND TEACH THEM ABOUT, YOU KNOW, WHAT THEY SHOULD HAVE DONE, HOW IT SHOULD HAVE BEEN HANDLED. SO ALTHOUGH WE'RE, WE'RE AGAINST THIS MAINLY FOR THE REASONS OF IT'S NOT THE RESIDENT'S FAULT AND THAT WE WANT THEM TO BE HEARD AND MAKE SURE THAT THEY HAVE THE HOA AND WE'LL STEP IN AS SOON AS WE CAN, BUT, UM, WE'RE NOT AGAINST THE ACTUAL DEVELOPMENT. SO THANK YOU. THANK YOU FOR JOINING US. HELLO, MY NAME IS BILL FREEMAN, 1 3 8 1 5 KLEBERG ROAD, DALLAS. AND UH, I'VE BEEN A COMMUNITY ACTIVIST DOWN THIS NEIGHBORHOOD FOR A LONG TIME. TELL, LOOK AT ME. I'VE BEEN DOING IT A WHILE , BUT, UH, UH, AFTER A LOT OF THIS DISCUSSIONS ON THIS, WE HAD A, A COMMUNITY MEETING OVER THIS PARTICULAR ITEM, UH, ACTUALLY JUST A COUPLE OF WEEKS AGO. AND THESE PEOPLE STOOD UP AND THEY SAID, WE, WE WANNA GO FROM 1600 FEET DOWN TO 1400 SQUARE FEET ON THIS AND WE DON'T REALLY UNDERSTAND. IT'S AN OLD, OLD THING. AND I, I SAYS, YOU NEED TO ASK THE OLD GUYS BECAUSE I HAVE RIGHT THAT THING BACK IN 2007 . AND I SAID, OUR WHOLE GOAL OF GOING TO 1600 SQUARE FEET [03:00:01] BRICK IT, WHICH THEY GOT OUT OF DOING, UH, TWO CAR GARAGE, THINGS LIKE THAT. UH, AND OUR WHOLE INTENTION IS TO RAISE THE STANDARD OF LIVING IN OUR NEIGHBORHOOD AND, UH, TO START SLIDING THESE BACK AND EVERYTHING IS OVERCOMING THE, THE WILL OF THE COMMUNITY. 'CAUSE WE HAD LOTS OF MEETINGS WITH LOTS OF PEOPLE OVER THIS TO HOLD IT AT THE 1600 SQUARE FEET. SO I JUST WANNA LET YOU KNOW THE PEOPLE IN THE COMMUNITY WANNA MAINTAIN THESE STANDARDS IF WE CAN. THANK YOU. THANK YOU THERE. ANY OTHER SPEAKERS? MR. MANN, YOU GET YOUR REBUTTAL TIME. THANK YOU FOR, SO FOR CLARITY ON, AT 1,607 SQUARE FEET IS OUR SMALLEST FLOOR PLAN. CURRENTLY THAT'S A THREE BED, TWO BATH, TWO CAR GARAGE HOME AT 1,440 SQUARE FEET. IT'S STILL A THREE BED, TWO BATH, TWO CAR GARAGE HOME. I ACTUALLY HAVE FLOOR PLANS HERE, WHICH ARE, I APOLOGIZE, A LITTLE BIT DIFFICULT TO READ, BUT I'M HAPPY TO SWING 'EM AROUND IF YOU ALL WANT TO TAKE A LOOK AT 'EM. BUT WE ARE NOT, THESE HOMES WILL LOOK ALMOST EXACTLY THE SAME AS THE SMALLEST HOMES FROM THE STREET. WE'VE GOTTA FIND A WAY TO, TO ACHIEVE A LOWER PRICE POINT. AND IF YOU THINK ABOUT IT, I MEAN THESE RESTRICTIONS WERE IN 2005, WHAT A 1600 SQUARE FOOT HOME WOULD'VE SOLD FOR 20 YEARS AGO FOR WHAT IT IS NOW. AND THAT'S JUST THE STRUGGLE. AND THEN WITH RESPECT TO THE HOA, ADMITTEDLY IT'S A LITTLE OUTSIDE THE BOUNDS OF THE ZONING, BUT WE DO TAKE THE FEEDBACK OF THE NEIGHBORS EXTREMELY SERIOUSLY. WE PUT OUR MANAGEMENT COMPANY THROUGH THE RINGER AFTER THAT MEETING AND DECIDED TO MOVE ON. IT MAY GET A LITTLE WORSE BEFORE IT GETS BETTER 'CAUSE THERE'S GONNA BE A PERIOD OF TRANSITION. BUT THAT'S HAPPENING AS A RESULT OF THE FEEDBACK THEY SHARED WITH US. WE'RE ABOUT 50% SOLD RIGHT NOW WHEN WE HIT 75. A HOMEOWNER IS ON THE BOARD AND THE FULL TRANSITION TO THE HOMEOWNERS BEGINS FOR THE HOA AND THAT FRANKLY WILL PROBABLY BE IN THE BEST INTEREST OF EVERYBODY. AND THIS DEED RESTRICTION AMENDMENT ACTUALLY MAKES THAT POSSIBLE QUICKER. SO WE APPRECIATE EVERYTHING THEY HAD TO SAY. HOPEFULLY THAT RESPONSE MAKES SENSE. I'M HAPPY TO HAND THESE OUT IF THEY'RE HELPFUL. COMMISSIONER'S QUESTIONS FOR THE APPLICANT? FIRST COMMISSIONER FRANKLIN? WELL, NO, AS THE OVERLAY HAS BEEN CIRCULATED AMONG THE COMMISSION, UH, I JUST WANT TO CONFIRM THAT BASED OF THE, BASED ON THE DEED RESTRICTION, UH, THERE WILL BE NO MORE THAN 20 HOMES AND THAT WILL BE BETWEEN 14, 14 40 AND 1600 SQUARE FEET. THAT IS CORRECT. THERE ARE 78 LOTS REMAINING OUT OF THE 157. AND A MAXIMUM OF 20 OF THOSE COULD BE THIS SMALLER FOOTPRINT. CORRECT. YOU SEEM TO DO MATH PRETTY WELL IN YOUR HEAD. UH, HOW MANY MORE? I WROTE IT DOWN. I WROTE IT DOWN . HOW MANY MORE UNITS NEED TO BE SOLD IN ORDER TO GET THAT 75% THRESHOLD? WE ARE ROUGHLY AT 50% RIGHT NOW. WE'RE 157 TOTAL. WE SOLD 78. SO WE NEED TO SELL ROUGHLY 30 MORE. IS THAT RIGHT NOW I'M DOING MATH IN MY HEAD, WHICH IS DANGEROUS, BUT WE HAVE TO GET TO 75% OF 157. WE HAVE SOLD 79 SO FAR. UH, THE TRANSITION WILL START AT 75%, WHICH I THINK IS ROUGHLY 25, 30 MORE HOMES. YEAH. AND I KNOW THIS GOES OUTSIDE OF THE, THE LAND USE, BUT UH, THE COMMUNITY IS VERY INVOLVED IN, UM, AND THEY'VE EXPRESSED, UH, THEIR INTEREST IN THE HOA AND WANTS IT TO MANAGE THAT OR AT LEAST GET THE SERVICES THAT THEY SHOULD BE AFFORDED BY PAYING HOA DUES. UH, CAN YOU COMMIT TO LOOPING IN THE COMMUNITY AS SOON AS POSSIBLE WHEN A NEW MANAGEMENT COMPANY IS HIRED? YES, ABSOLUTELY. THERE WAS AN INTERVIEW WITH A NEW COMPANY YESTERDAY AND WE WILL KEEP EVERYONE APPRISED. THANK YOU MR. CHAIR. YOU UH, MR. MANN JUST HAS NOTHING TO DO WITH THE ZONING HERE, BUT I'M JUST DYING OF CURIOSITY 'CAUSE YOU WENT THROUGH REALLY FAST. TELL ME AGAIN ABOUT THE PRICE POINT HERE. SO WHERE DID YOU BEGIN? WHERE IS THE RISE AND THEN THE RISE OCCURRED WITH THE BRAND YOU BUILT OR THE FIRST HOME WE SOLD OF THE SMALLEST FOOTPRINT, WHICH IS THE RED ON WHAT YOU'RE LOOKING AT. 1,607 SQUARE FEET WAS $270,000 IN 2023. TODAY THAT SAME HOME IS 330,000 1600 SQUARE FEET. 330,000 BRAND NEW. YES. AGAIN, IT WOULDN'T, I'M STUNNED. IT WOULDN'T MAKE ANY SENSE FOR US TO BE HERE IF WE WERE MAKING THE SAME PROFIT OR MORE. RIGHT. IT'S, IT'S AN ISSUE FOR US TOO. 'CAUSE THEY'RE HARDER TO SELL FOR OBVIOUS REASONS. WE NEED TO TRY TO GET THE PRICE POINT BACK CLOSER [03:05:01] TO WHERE IT STARTED TO GET THE HOME SOLD. SO I LOOK ON ZILLOW, I LOOK AT THIS NEIGHBORHOOD, I CAN FIND A 1600 SQUARE FOOT HOME BRAND NEW BUILT FOR 300,000 PLUS. YES, YOU CAN GO. I MEAN THE MIDDLEFIELD VILLAGE, UNBELIEVABLE IS THE NAME OF THE COMMUNITY. IT HAS ITS OWN WEBSITE YOU CAN LOOK AT. THERE'S ONLY FOUR OR FIVE AVAILABLE RIGHT NOW AND MOST OF THE REST OF THE LOTS ARE EMPTY. BUT THAT'S, THAT'S WHERE THEY ARE. OF COURSE SOMEONE CAN OFFER LESS AN A NEGOTIATION OCCURS THE MARKET RATE. YEAH. AND WE'RE HAVING TO OFFER BUILDER INCENTIVES AND FINANCING IN LIGHT OF INTEREST RATES AND THINGS LIKE THAT. BUT YES. QUESTIONS? YES. COMMISSIONER, COMMISSIONER WHEELER, PLEASE. I THINK MY, UH, THE ISSUE IS DID YOU ALL NOT MAKE CONTINGENCIES FROM THIS WHEN YOU FIRST CAME FOR WHEN, WHEN YOU BUILT THE FIRST SET? NO, I MEAN WE, WE KNEW THE RESTRICTIONS WERE THERE. NOW WE DIDN'T, LIKE I SAID, I'M, I'M ASKING BECAUSE THE CONTINGENT, IT SEEMS LIKE WHAT YOU'RE COMING BACK IS BECAUSE YOU NEED TO REDUCE IT TO BY 200 SQUARE FEET. UM, AND SO, UM, AND TO SELL IT, TO MAKE, I GUESS TO BE ABLE TO MAKE A PROFIT. BUT DID YOU NOT MAKE, DID YOU POSSIBLY NOT MAKE CONTINGENCIES FOR THIS WHEN YOU CAME, UM, ORIGINALLY OR WHEN YOU FIRST STARTED BUILDING THIS? THESE RESTRICTIONS ARE A MATTER OF RECORD. WE KNEW THEY WERE THERE WHEN WE STARTED AND WE'RE, AGAIN, WE'RE ONLY HERE, WE'RE AT HERE ASKING FOR THE CHANGE. I THINK THOUGH IT'S NOT, HOPEFULLY I MADE IT CLEAR IT'S NOT TO MAKE MORE PROFIT. IF WE COULD CONTINUE TO SELL HOMES FOR 60,000 MORE DOLLARS THAN WE DID WHEN WE STARTED, I WOULDN'T BE HERE. IT WOULDN'T BE A PROBLEM FOR US. IT'S A PROBLEM BECAUSE WE'RE HAVING TROUBLE SELLING THEM BECAUSE THE COST IS TOO HIGH FOR THE MARKET DEMAND. SO I'M ACTUALLY HERE ASKING TO BE ABLE TO SELL HOMES FOR LESS, ESSENTIALLY, WHICH IS AN ODD POSTURE FOR ME, ADMITTEDLY. COMMISSIONER HALL, MR. MANN, THIS, UH, DIAGRAM YOU JUST PASSED OUT, UH, IT SHOWS BLACK, BLACK IS THE 1446 PLAN AND RED IS THE, UH, 1607 PLAN. UH, ONE THING I SEE IS NOT IN OUTLINED IN BLACK IS THE GARAGE. THEY OVERLAP. Y YOU JUST CAN'T SEE THE BLACK BECAUSE THEY OVERLAP. EXACTLY. THERE'S STILL A GARAGE ON THE FRONT. OKAY, SO BOTH, BOTH HOU THE SMALLER HOUSE WILL STILL HAVE THE TWO CAR GARAGE? YES, OF COURSE. THE GARAGE IS NOT PART OF THE SQUARE FOOTAGE ANYWAY, BUT YES, IT STILL HAS A GARAGE. OKAY, THANK YOU. YEP. YEAH. ANY OTHER QUESTIONS? COMMISSIONERS FOR UH, THE APPLICANT? YES, PLEASE. COMMISSIONER ER I WASN'T PAYING ATTENTION TO THAT, BUT I SHOULD HAVE. SO THE ORIGINAL HOUSE LOOKS LIKE IT HAS FOUR BEDROOMS. SO THERE ARE SOME LARGER HOMES IN THE NEIGHBORHOOD. RIGHT NOW THE DEED RESTRICTION SAYS THE SMALLEST HOUSE IS 1600 AND NO MORE THAN HALF THE HOMES IN THE SUBDIVISION CAN BE BETWEEN 16 AND 1800. MEANING IN OTHER WORDS, EVERY HALF THE SUBDIVISION HAS TO BE GREATER THAN 1800. THAT'S NOT CHANGING AND THAT WILL STILL BE THE CASE. SO THERE ARE LARGER HOMES, SOME OF SOLD, SOME OF THE LOTS WE HAVE LEFT ARE CORNER AND BIGGER LOTS WHERE WE WILL PUT LARGER HOMES. BUT TO GET ALL OF THE LOTS SOLD, WE NEED TO MIX UP THE PRODUCT AND HAVE SOME OF THESE SMALLER ONES. COMMISSIONER THIS COMMISSIONER HOUSE, RIGHT. UM, MR. MANN, I WANNA MAKE SURE I GOT MY ARITHMETIC RIGHT. SO, UM, BETWEEN THE EXISTING HOMES THAT ARE ALREADY COMPLETED, THE HOMES THAT ARE REMAIN TO BE COMPLETED, THERE'S 160 HOME SITES, IS THAT CORRECT? 157. 1 57 TOTAL IN THE SUBDIVISION? YES, SIR. OKAY. ALRIGHT. UM, AND SO IF I TAKE TA MAXIMUM OF 20 LOTS AT THIS NEW SMALLER SIZE, THAT'S GONNA BE SOMEWHERE AROUND 13% OR SO OF THE TOTAL? UM, YEAH, ABOUT 13% OF THE TOTAL. IS THAT, IS THAT CORRECT? UH, YES. OKAY. SO THAT, THAT'S REALLY THE, THAT'S REALLY THE ASK TODAY IS THAT YOU CAN TAKE SHIFT 13% OF YOUR INVENTORY TO A SLIGHTLY SMALLER FORMAT. CORRECT. OKAY. THANKS COMMISSIONERS. ANY OTHER QUESTIONS FOR THE APPLICANT? QUESTIONS FOR OUR SPEAKERS IN OPPOSITION? OKAY. SEEING NONE, UH, COMMISSIONER FRANKLIN IN THE HOT SEAT TODAY, SIR, I KNOW IT. UM, UH, THANK YOU MR. CHAIR. SO IN THE MATTER OF Z 2 3 4 DASH 2 68, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE ZONING CHANGE AS RECOMMENDED BY STAFF. THANK YOU COMMISSIONER FRANKLIN FOR YOUR MOTION. COMMISSIONER CARPENTER FOR YOUR SECOND. ANY COMMENTS? SEEING NONE OF THOSE IN FAVOR, PLEASE SAY AYE. AYE. ANY OPPOSED? MORNING IN OPPOSITION. MOTION PASSES. WE WILL MOVE [16. 25-868A An application for an MF-1(A) Multifamily District on property zoned an R-7.5(A) Single Family District, on the north line of Forest Lane, east of Schroeder Road.] [03:10:01] TO UH, 16. UH, ITEM 16 IS CASE Z 2 34 DASH 3 31. AN APPLICATION FOR AN MF ONE, A MULTIFAMILY DISTRICT ON PROPERTY ZONE IN R SEVEN FIVE, A SINGLE FAMILY DISTRICT ON THE NORTH LINE OF FOREST LANE, EAST OF STRADER ROAD. STAFF RECOMMENDATION IS APPROVAL. PARDON ME, SIR? UH, COMMISSIONERS HAVE BEEN REQUESTED TO TAKE A BREAK. SO IT'S UH, 1 53. LET'S TAKE A 10 MINUTE BREAK. MY APOLOGIES, SIR. WE'LL COME RIGHT BACK TO YOU. 1 53 10 MINUTE BREAK. COMMISSIONERS, PLEASE TAKE YOUR SEATS. WE'RE GONNA GO AHEAD AND GET BACK ON THE RECORD. IT'S 2 0 4. UH, HAVE YOU READ THAT IN RIGHT? YES. THANK YOU. ARE WE RECORDING? WE ARE RECORDING. YES, SIR. WE'RE READY FOR YOUR COMMENTS. GOOD AFTERNOON. GOOD AFTERNOON. GOOD AFTERNOON, COMMISSIONER AND COMMISSIONERS. UH, THANK Y'ALL FOR HAVING ME HERE TODAY. MY NAME IS ZACHARIA MANNING. I'M THE APPLICANT AND OWNER OF 82 15 FOREST LANE, DALLAS, TEXAS 7 5 2 4 3. SO WE ARE HERE TODAY, UH, UH, I'M SEEKING A ZONING REQUEST CHANGE FROM R SEVEN FIVE TO MF ONE, WHICH IS MULTIFAMILY ONE. UH, I HAVE A LITTLE PRESENTATION, UH, BUT BEFORE I START THAT, LET ME GIVE YOU A LITTLE BACKGROUND. UH, I MET BACK IN, UH, APRIL OF 2024 WITH MY CITY COUNCIL PERSON, UH, KATHY STEWART, AND ALSO MET WITH, UH, MR. TIP HOUSEWRIGHT, UH, BACK THEN. AND WE LOOKED AT THIS ZONING ON THE INITIAL, UH, FRONT END. UH, I DID DOWNGRADE FROM THE INITIAL URBAN CORRIDOR ONE ZONING THAT I WAS REQUESTING DOWN TO MF UH, MF ONE, UH, HAVE A PRESENTATION. I LIKE TO START IT AND LET Y'ALL VIEW IT SO THAT THAT'S THE PROPERTY ADDRESS. WHAT I'M ASKING FOR, THE ZONING CHANGE. UM, IF WE LOOK AT SLIDE THREE, UH, THE O THE OVERVIEW OF THE CURRENT ZONING, LIKE I SAID, IT'S R SEVEN, UH, 0.5 A, UH, WHICH IS PRIMARILY SINGLE FAMILY RESIDENTIAL. UM, UH, I'M ASKING FOR THE MF ONE TO ALLOW FOR MULTIFAMILY MORE SPECIFICALLY ON MY LOT. UH, IT WOULD BE A FOURPLEX. WHICH ONE TO FOUR FAMILIES STILL QUALIFIES AS A SINGLE FAMILY RESIDENT WHEN IT COMES TO ZONING? I MEAN, WHEN IT COMES TO FINANCING WITH FHA? SO THESE UNITS COULD BE SOLD. SIR, MY APOLOGIES, SIR. WHAT? IT SEEMS LIKE THE ONLINE SYSTEM IS OFF FOR A LITTLE BIT, SO WE NEED TO PAUSE TO MAKE SURE OUR FOLKS ONLINE CAN HEAR US. OKAY. MY APOLOGIES. OKAY, LET'S, LET'S TAKE IT FROM THE TOP PLEASE. OKAY, THANK YOU. [03:15:06] DO I TAKE, IT'S SOME KIND OF MUTE OR UNMUTE ON THE SCREEN. DO I NEED TO BE CONCERNED ABOUT THAT? CAN YOU X OUT OF THAT LITTLE THING? WILL THAT X OUT THAT LITTLE WINDOW? X OUT OF WHICH ONE? THAT, THAT LITTLE WINDOW THERE. DO, DO YOU HAVE CONTROL OF IT OR JUST THAT? I THINK HE'S GONNA COME HELP YOU. JUST THINK HE'S GONNA COME TAKE CARE OF THAT FOR YOU. NO, MINE IS GOING, MY MOUSE IS GOING BEHIND IT, SO I CANNOT X OUT OF IT. UH, IT'S ON, IT'S A WEBEX THING. OH, YOU NEED OTHER COMPUTER? OH MAN. OKAY. MESSAGE OFF. ALL RIGHT, COOL. THANK YOU. SHOULD BE FINE, RIGHT? HE'S GONNA FIX IT NOW. WE SHOULD FIX IT ON END. OKAY. THE, I SHOULD START. ALL RIGHT, LET'S TRY THIS AGAIN. THIRD TIME'S A CHARM. YEAH, THERE YOU GO. ALRIGHT. MY NAME IS ZACH ROD MANNING. I'M THE APPLICANT AND OWNER OF 82 15 FOREST LANE, DALLAS, TEXAS 7 5 2 4 3. I'M HERE TODAY TO REQUEST, UH, FOR A ZONING CHANGE FROM R SEVEN FIVE TO MF ONE A, UH, WHICH WOULD ALLOW FOR MULTIFAMILY ALONG A BUSY FOREST LANE CORRIDOR. UH, I FIRST MET BACK WITH, UH, COUNCILWOMAN STEWART AND TIP HOUSEWRIGHT BACK IN APRIL OF 2024 BEFORE, PRIOR TO PROCEEDING FOR THIS ZONING REQUEST CHANGE. UH, SO I HAVE A LITTLE PRESENTATION I'M GONNA GO THROUGH THAT'S KIND OF GONNA GIVE Y'ALL A GREAT OVERVIEW OF WHAT I'M ASKING FOR AND WHY THIS SHOULD BE, UH, APPROVED. SO IT IS GONNA INCREASE HOUSING OPPORTUNITY, IT'S GONNA ADDRESS THE NEED FOR AFFORDABLE HOUSING, UH, AND DIVERSE LIVING SPACES. ECONOMIC GROWTH, ATTRACT NEW RESIDENTS, UM, RIGHT ACROSS THE STREET FROM, UH, THE DART RAIL STATION, WHICH WILL ALLOW FOR DART RAIL ACCESS. I'M LITERALLY RIGHT THERE ON FOREST LANE AND YOU GOT THE FOREST LANE STATION RIGHT THERE. YOU CAN WALK FROM MY HOUSE TO THERE. UH, IT'S GONNA ENHANCE THE COMMUNITY. IT'S ALSO GONNA PROMOTE A VIBRANT, DIVERSE NEIGHBORHOOD. SO IT'S GONNA HAVE GREAT BENEFITS FOR THIS COMMUNITY. UM, SO NEXT, OOPS, I APOLOGIZE. LET ME GO BACK ONE. SO THE ALIGNMENT WITH THE CITY GOES, IT ALIGNS WITH THE CITY'S COMPREHENSIVE PLAN. THE STR THE STRATEGIC ZONING PLANS FOR THE FOREST LANE CORRIDOR WERE PRESENTED AND APPROVED BY HAMILTON PARK COMMUNITY LEADERS DRIVING THE FORWARD DALLAS TWO TWO 2006. AND IT ALSO DROVE THE FORWARD DALLAS 2024 PLANS. THIS CAME OUT OF THE APRIL MEETING IN 2024. THAT WAS ONE OF THE LOGICAL REASONS FOR ME PURSUING THE ZONING THAT I'M PURSUING HERE TODAY. IT'S CONSISTENT WITH LOCAL DEVELOPMENT TRENDS. IT ALIGNS WITH NEIGHBORHOOD NEIGHBORING PROPERTIES THAT CONSIST OF COMMERCIAL AND MULTIFAMILY ALONG FOREST LANE. GUESS WHAT? IN THIS LITTLE SECTION OF 82, 50 OF 8,200 BLOCK OF FOREST LANE FROM 6 35 ALL THE WAY TO 75 CENTRAL, THERE IS NO SINGLE FAMILY HOMES BLOCK FACING OR FACING FOREST [03:20:01] LANE. IT'S JUST THIS LITTLE GROUP OF FIVE HOMES THAT ARE RIGHT THERE ON FOREST LANE, WHICH MAKES NO SENSE. BUT I GET A LITTLE FURTHER IN MY PRESENTATION AND I'M GOING TO TELL YOU SOME THINGS THAT WHY THIS REALLY SHOULD BE APPROVED. THIS IS A LITTLE PRESENTATION OF WHAT THE NEW STRUCTURE WILL LOOK LIKE. SIR. UM, I'M SORRY, YOUR, YOUR THREE MINUTES ARE UP. OH, OKAY. YEAH. OKAY. THE TIME GOES BY QUICK. ARE THERE ANY OTHER SPEAKERS THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS APPLICATION? OKAY. OUR SPEAKER'S IN OPPOSITION, PLEASE COME ON DOWN PLEASE. GOOD AFTERNOON. HELLO. HOPEFULLY Y'ALL CAN SEE ME. I'M SHORT. HELLO, MY NAME IS TAYLOR JEFFERSON AND I AM THE CURRENT AND 13TH PRESIDENT OF THE HAMILTON PARK CIVIC LEAGUE. WE ARE A NEIGHBORHOOD ASSOCIATION THAT IS DEDICATED TO PROTECTING AND SERVING AND PRESERVING OUR HISTORICAL COMMUNITY. AND I AM A FORMER DISTRICT 10 COMMUNITY DEVELOPMENT COMMISSIONER. SO I THANK ALL OF THE COMMISSIONERS HERE, UM, FOR DEDICATING YOUR HARD WORK TO EVERYTHING THAT YOU GUYS DO. I AM A 35 YEAR RESIDENT OF HAMILTON PARK AND I LIVE IN THE, IN THE HOUSE THAT MY GREAT GRANDPARENTS BUILT IN. 70 YEARS AGO, ON FEBRUARY 20TH, THE APPLICANT, HE DID HAVE A COMMUNITY MEETING WHERE 90, UM, HAMILTON PARK RESIDENTS WERE IN ATTENDANCE AND THEY OPPOSED TO THE REZONING THAT HE'S PROPOSING, THE AGE OF THE PEOPLE RANGE FROM 15 TO 93. AND OUR CONSENSUS WAS THAT WE DO NOT WANT MULTIFAMILY HOUSING IN OUR HISTORIC COMMUNITY. HAMILTON PARK, UM, IS COMMITTED TO PRESERVING OUR HISTORICAL INTEGRITY, CHARACTER, AND SAFETY OF OUR BELOVED COMMUNITY. AND WHAT HE'S PROPOSING WILL NOT GO WITH THAT. I ALSO DO WANNA STATE, OH, SORRY. I DO WANNA STATE THAT I AM THE HAMILTON PARK CIVIC LEAGUE, UM, MEMBER, UM, COMMUNITY MEMBER AND PRESIDENT. AND I DID NOT APPROVE THAT. I HAVE BEEN THE, UH, PRESIDENT SINCE 2024 AND HE DID NOT COME TO US AND ASK US ANYTHING. WE DID NOT HEAR ANYTHING UNTIL FEBRUARY 20TH OF THIS YEAR. SO THE DOCUMENT THAT I HAVE FOR YOU GUYS, I CAN PASS THAT OUT TO Y'ALL. THAT IS A COMPLETE LIE. WE DID NOT APPROVE THAT AS A CIVIC LEAGUE. WE DID NOT APPROVE THAT AS THE COMMUNITY MEMBERS. AND I HAVE EVERYBODY RIGHT HERE, IF Y'ALL STAND UP, WAVE Y'ALL HAND OR WHATEVER, THEY WILL TELL Y'ALL THAT WE DID NOT APPROVE OF THAT. AND THIS IS SOMETHING THAT HE SENT OUT AND HE SAID THAT HE'S GOT APPROVAL FROM US AND THAT'S A LIE. SO WHAT ELSE IS BEING LIED ABOUT? UM, YES. THANK YOU. THANK YOU. UH, MA'AM, JUST, JUST KNOW IF YOU, IF YOU HAND THAT OVER, WE HAVE TO KEEP IT FOR THE RECORD. SO, YES. OKAY. THANK YOU. AND I HAVE HANDOUTS FOR THANK YOU SO MUCH. YOU WELCOME. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS KRISTA WILSON. I LIVE AT 1 2 1 0 9 DANDRIDGE DRIVE, DALLAS, TEXAS 7 5 2 4 3. I OWN THAT HOME AND I ALSO OWN 1 2 5 2 8 RIALTO DRIVE, DALLAS, TEXAS 7 5 2 4 3. I AM A NAVY VETERAN. I AM A HAMILTON PARK RESIDENT, A THIRD GENERATION HAMILTON PARK RESIDENT. AFTER MY TIME, I AM ACTIVE DUTY IN OVERSEAS. I, I THEN WENT TO THE PRIVATE SECTOR WORKING FOR THE DEPARTMENT OF DEFENSE, WHERE I STILL DO, BUT WHEN IT WAS TIME TO COME HOME AND, AND BUY MY FIRST HOME, I WAS LIKE, WHERE I COULD HAVE GONE ANYWHERE. WHERE DID I DECIDE TO GO? I DECIDED TO BUY MY FIRST HOME AND MY SECOND HOME, BUT MY FIRST HOME IN HAMILTON PARK. WHY? BECAUSE THIS IS THE COMMUNITY AND THE PEOPLE WHO NURTURED AND CULTIVATED ME IN SINGLE FAMILY HOMES FOR IN THE 1950S, WHICH I'M PASSED. I PASSED AROUND THE ORIGINAL CIRCULAR TO FOR WHEN MY PARENTS, WHEN MY GRANDPARENTS BOUGHT THEIR HOME, WHICH I LATER BOUGHT. SO WE ALL OPPOSE HAVING A SINGLE, HAVING A MULTI-FAMILY HOME IN BETWEEN TWO SINGLE FAMILY HOMES. MR. MANNING LIKES TO, LIKES TO SAY THAT HE IS ON THE OUTSKIRTS OF HAMILTON PARK, BUT HE IS A PART OF OUR ISLAND OF HAMILTON PARK, AND NONE OF US WANT THAT. THANK YOU FOR YOUR TIME. THANK YOU FOR LISTENING TO ME TODAY. HAVE A GREAT AFTERNOON. THANK YOU FOR JOINING US. GOOD AFTERNOON. GOOD AFTERNOON. I'M SHORT AS WELL, SO I HOPE YOU CAN SEE ME, . MY NAME IS AMANDA NICKERSON. I RESIDE AT 1 2 0 3 8 BELAFONTE DRIVE, DALLAS, TEXAS 7 5 2 4 3. I WANT TO FIRST THANK YOU ALL FOR ALLOWING US THIS OPPORTUNITY TODAY, UM, TO HAVE THIS MEETING AND DISCUSSION OF THIS VERY IMPORTANT BUT DELICATE MATTER. LET ME PREFACE THIS BY SAYING I DON'T DO WELL WITH PUBLIC SPEAKING. ADDITIONALLY, WHEN I'M PASSIONATE ABOUT [03:25:01] SOMETHING, I CAN GET EMOTIONAL. AS I MENTIONED, I'M CURRENTLY A RESIDENT OF HAMILTON PARK AND I HAVE PROBABLY BEEN A MEMBER OF THIS COMMUNITY SINCE 2009. MY HUSBAND, ALEXANDER NICKERSON HAS BEEN THERE HIS ENTIRE LIFE. HIS FAMILY BEFORE HIM HAS BEEN THERE SINCE 1955. I HAVE BEEN LIVED MANY, MANY PLACES THROUGHOUT THE DFW AREA IN MY LIFE. HOWEVER, I CAN HONESTLY AND GENUINELY SAY THAT OF ALL OF THE PLACES I HAVE LIVED, I HAVE NEVER FELT MORE WELCOMED OR AT HOME THAN HAMILTON PARK. AND THIS IS ALL THANKS TO THE MEMBERS OF THIS COMMUNITY THAT ARE HERE TODAY AND THAT WERE NOT ABLE TO JOIN US TODAY. I HAVE GROWN TO LOVE THIS COMMUNITY AND PLAN TO FOR MANY MORE YEARS TO COME. YOU SEE, OVER THE YEARS, STRANGERS HAVE BECOME FRIENDS AND IN TURN, FAMILY. THIS IS ONE OF THE MANY REASONS WHY IT IS NOT ONLY IMPORTANT TO ME, BUT TO THOSE OF THIS COMMUNITY, TO NOT LOSE ITS IDENTITY BY ADDING MULTIFAMILY UNITS IN HAMILTON PARK. ADDITIONALLY, WHAT MR. MANNING AND OTHERS IN ATTENDANCE MAY NOT UNDERSTAND OR REALIZE IS THE COMMUNITY OF HAMILTON PARK. OKAY, I'M SORRY, , THE COMMUNITY OF HAMILTON PARK. I KNOW I'M SHORT. , UM, IS ONE THAT IS ROOTED AND IT HAS BEEN SINCE THE ONSET. IN 1954, THE OPPORTUNITY THAT AROSE WHEN THIS NEIGHBORHOOD CAME TO BE WAS ONE AND STILL IS ONE THAT IS LOVED AND IS AND GREATNESS GRATEFULNESS AND A MILESTONE FOR THOSE INDIVIDUALS AT THAT TIME AND NOW THEIR FAMILIES AND LOVED ONES. SO FOR 71 YEARS, THE BEAUTIFUL PEOPLE OF HAMILTON PARK HAVE NOT ONLY ROOTED THEMSELVES, THEY HAVE RAISED FAMILIES HERE. THEY HAVE POURED BLOOD, SWEAT, AND TEARS INTO THE HOMES HERE, ALL WHILE REMAINING DETERMINED TO CARRY ON LEGACIES, KEEP THE INTEGRITY AND VALUE OF THIS COMMUNITY. I MYSELF CANNOT SPEAK TO WHAT THE ENTIRE VALUE OF THE AFOREMENTIONED HOLDS AND MEANS TO SO MANY IN THIS COMMUNITY, BUT I CAN SAY WITH CERTAINTY THAT I CAN SEE AND FEEL IT AND STAND FIRMLY WITH THEM AS A MEMBER OF THIS COMMUNITY THAT STILL REMAINS 71 YEARS LATER, THE PROPO PROPOSED REZONING THAT IS BEING PRESENTED HERE TODAY NOT ONLY DISRUPTS ALL OF THIS, IT WILL DEVALUE ALL OF THE THINGS I HAVE MENTIONED HERE TODAY TO WANT TO DO THIS TO COMMUNITY. THAT SHOULD BE ONE THAT MAKES A PERSON PROUD, IS BEYOND ME. AND FOR THAT, I MUST SAY, HOW DARE YOU IF YOU TRULY CARE OR ARE FOR THIS NEIGHBORHOOD AS YOU HAVE CLAIMED, THERE ARE MANY OF US THAT COULD HAVE GIVEN YOU BETTER IDEAS, THAT WILL ACTUALLY BENEFIT THE NEIGHBORHOOD IN ITS ENTIRETY AND NOT JUST YOURSELF OR YOUR AGENDA. TO BE ABLE TO COMPLETELY PUT INTO WORDS WHAT YOUR ACTIONS AND INTENTIONS WOULD DO TO THIS COMMUNITY IS NOT POSSIBLE AS THIS GOES BEYOND WORDS AND GOES BEYOND YOU AND ME. THANK YOU. YOUR TIME IS UP. THANK YOU. THANK YOU FOR JOINING US. GOOD AFTERNOON. GOOD AFTERNOON, GINA RILEY. MY CURRENT ADDRESS IS 8 0 2 PEBBLE BEACH DRIVE IN GARLAND. I AM A PRODUCT OF HAMILTON PARK. I HAVE BEEN A COMMUNITY LEADER FOR OVER 33 YEARS. I STAND BESIDE MS. PAT JACKSON AND I AM THE BOARD CHAIR FOR THE HAMILTON PARK HISTORIC PRESERVATION FOUNDATION. BACK IN 2008, WE WERE GIVEN A PROMISE THAT IF ANYTHING, ANYONE, ANY PARTNER OR ANY ENTITY WAS INTERESTED IN DOING ANYTHING OUTSIDE OF THE GENERIC AND THE ORIGINAL MAKEUP OF HAMILTON PARK, THAT THEY WOULD SEEK US OUT FOR PARTNERSHIPS. HAMILTON PARK IS PROTOCOL AND PARTNERSHIP DRIVEN. WHAT WE HAVE ARE SEEING TODAY, IN MY OPINION, IS NOT PARTNERSHIP DRIVEN. UNFORTUNATELY, AS THE NEIGHBORHOOD AGES, THERE ARE OPPORTUNITIES FOR OTHER OUTSIDE SOURCES TO COME IN AND ATTEMPT, IN MY OPINION, TO PICK APART THE NEIGHBORHOOD INSTEAD OF PARTNERING WITH THE NEIGHBORHOOD. AND SO I SAY TODAY, IF THE GOOD INTENTIONS ARE TO ENHANCE THE NEIGHBORHOOD, THERE SHOULD HAVE BEEN MEETINGS. THERE SHOULD HAVE BEEN PHONE CALLS AS A COURTESY, AS A COURTESY TO LET US KNOW WHAT INTENTIONS WERE THAT HAS NOT OCCURRED. AND YOU HAVE TO ASK YOURSELF, WHO DOES THIS BENEFIT? DOES IT REALLY BENEFIT THE NEIGHBORHOOD OR DOES IT BENEFIT ONE PERSON IN PARTICULAR THAT REALLY DOES NOT KNOW HOW HAMILTON PARK WAS BUILT? HAMILTON PARK IS BUILT OF RELATIONSHIPS. WE PARTNER WITH THE CIVIC LEAGUE, WE PARTNER WITH THE SCHOOLS. WE PARTNER WITH THE [03:30:01] CRIME WATCH AND NORTHEAST POLICE DEPE DEPARTMENT, AS WELL AS ALL FAITH-BASED COMMUNITY LEADERS. SO THIS IS NOT WHAT HAMILTON PARK DOES. THIS IS NOT WHAT HAMILTON PARK DESERVES. MY PARENTS BOUGHT THEIR FIRST HOME HERE IN 1957. I RAISED MY CHILD HERE AND I SERVED THE COMMUNITY FOR 33 YEARS. IN MY OPINION, THIS IS NOT GOOD FOR OUR COMMUNITY THAT WE CHERISH AND THAT WE LOVE. THANK YOU. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON. OH DEAR. GOOD AFTERNOON. I'M PATRICIA ANN JACKSON. UH, I GREW UP ON SCHROER ROAD 63 YEARS IN THE NEIGHBORHOOD. MY PARENTS ALSO BOUGHT THEIR ORIGINAL FIRST HOME ON SCHROEDER ROAD. MY FATHER WAS A VETERAN AS WELL. I HAVE ALSO RAISED MY DAUGHTER, BRITTANY, IN THAT NEIGHBORHOOD. IT IS A GREAT CONCERN THAT MR. MANNING WOULD COME AT US AT THIS WAY. UM, MY IDEA WAS THAT IT WOULD, HE WOULD'VE COMMUNICATED WITH THE NEIGHBORHOOD PRIOR TO MEETING WITH KATHIE STEWART IN 2024. YET WE DIDN'T HEAR ABOUT IT UNTIL JUST A FEW WEEKS AGO. SO WHY WAS THE, THE NOTIFICATION NOT GIVEN? HE SAYS HE HAS ALREADY, UH, SPOKEN TO THE RESIDENTS ON FOREST LANE. THAT DOES NOT SEEM TO BE TRUE. MY CONCERN IS WOULD THIS BE A PRECEDENT IF YOU, IF YOU AGREE WITH HIM AND PASS THIS, IS HE SETTING A PRE PRECEDENT THAT HAMILTON PARK CAN NOW BE PICKED OFF STREET BY STREET? IS THAT, IS THAT WHERE WE'RE GOING? IS THE MONEY SO IMPORTANT THAT YOU WOULD DESTROY A NEIGHBORHOOD THAT IS TURNING INTO SENIORS WHO HAVE FOUGHT FOR THIS NEIGHBORHOOD AND THIS LAND? WHEN YOU THREW US OUT HERE, FORGIVE ME, GOD, IT IS A GREAT CONCERN AS TO WHY HE'S GOING AFTER HAMILTON PARK WITH SUCH A VIGOR, SUCH A ZEAL. WHY? WHAT HAPPENS AFTER HE DOES WHAT HE DOES? WHO'S NEXT? WHAT HAPPENS TO THE PEOPLE THAT ARE STILL THERE WITH THE FAMILY, GOING TO SCHOOL, USING THE REC CENTER, USING THE PARK, COMING TO THE CHURCHES THAT ARE IN RELATIONSHIP WITH THE NEIGHBORS? WHAT HAPPENS WITH THOSE RELATIONSHIPS? DOES IT MATTER ANYMORE? ARE WE AT SUCH A POINT IN OUR LIVES THAT IT'S JUST ABOUT THE MONEY? IS THAT WHERE WE'RE GOING? IT'S SAD. IT IS SO SAD. WE REALIZE THAT WE ARE PRIME REAL ESTATE. WE REALIZE THAT. BUT THE ORIGINAL FOUNDATION OF HAMILTON PARK WAS A COMMUNITY EFFORT THAT WE WERE THROWN TO A PLACE THAT NOBODY WANTED US. AND NOW THAT HAS BECOME PRIME REAL ESTATE AND EVERYBODY WANTS IT. WHY ARE YOU WILLING TO JUST DISSOLVE WHAT'S ALREADY THE HISTORY HAS SHOWN AND DONE FOR THE NEIGHBORHOOD, FOR THE COMMUNITY, FOR NORTH DALLAS? IS THAT WHERE WE AT AS A PEOPLE? IS THAT WHERE YOU ARE? IF THIS WAS YOUR NEIGHBORHOOD, WOULD YOU AGREE TO IT? WOULD YOU AGREE TO SOMEONE COMING IN HERE AND DISSOLVING WHAT HAS BEEN BUILT SINCE THE FIFTIES? THANK YOU FOR LISTENING TO ME. THANK YOU FOR JOINING US. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON, COMMISSIONERS. MY NAME IS FELLOW BOWENS. I RESIDE AT 7 4 0 9 TON DRIVE DALLAS, TEXAS. I GREW UP IN THE HAMILTON PARK COMMUNITY. MY SIBLINGS AND I STILL OWN A HOME THERE. UM, MY BROTHER LIVES THERE IN A HOME THAT HE OWNS. AND MY SIS OLDER, YOUNGER SISTER OWNS A HOME NEXT DOOR TO OUR JOINT PROPERTY THAT HER SON OCCUPIES. SO I'M VERY MUCH A PART OF THE HAMILTON PARK COMMUNITY. HAMILTON PARK'S HISTORIC IS A HISTORICALLY SIGNIFICANT COMMUNITY, AND THAT COMMUNITY HAS WORKED WITH CODE ENFORCEMENT, WITH THE POLICE, WITH THE SCHOOLS TO REALLY STABILIZE AND TURN THE COMMUNITY AROUND. IT IS MAKING GREAT STRIDES TO BECOME THE NEIGHBORHOOD THAT IT USED TO BE. AND WITH THIS [03:35:01] ZONING CHANGE THAT IS BEING REQUESTED, YOU CAN IMPACT THAT IN A VERY NEGATIVE WAY. THERE'S NOTHING WRONG WITH MULTI-FAMILY HOUSING IN THE RIGHT PLACE, BUT THE PICTURES YOU SAW OF FOREST LANE WITH THE TINY LITTLE HOUSES THAT HAVEN'T BEEN REDONE IN SEVERAL YEARS AND THEN THIS LONG EMPTY STRETCH, IT'S NOT QUITE ACCURATE. THERE'S BRAND NEW HOUSING ON FOREST LANE, SINGLE FAMILY HOUSING. THERE'S BRAND NEW HOUSING GOING INTO OTHER AREAS OF HAMILTON PARK. SINGLE FAMILY HOUSING. YOU CAN, IF YOU DISRUPT THIS BY ALLOWING WHAT SOMEONE CHARACTERIZED AS INFILL AS A MULTI-FAMILY UNIT, THERE ARE OTHER VACANT LOTS IN HAMILTON PARK. WHEN YOU SET THIS PRECEDENT, EVERYONE ELSE IS GONNA COME IN AND WANT TO FILL THOSE VACANT LOTS. WITH MULTIFAMILY HOUSING, YOU CAN CHARACTERIZE IT AS FOUR UNITS, BUT CAN YOU GET IN AND OFF OF FOREST LANE WITH ALL THAT TRAFFIC GOING AS AS IT DOES NOW WITH MULTIFAMILY HOUSING THERE? IT'S HARD ENOUGH WITH SINGLE FAMILY HOUSING. I THINK IT'S IMPORTANT THAT WE CONTINUE TO WORK WITH HAMILTON PARK, WHICH I DO. I WORK WITH THE SCHOOL, I WORK WITH OTHERS IN THE COMMUNITY TO MAKE SURE THAT OUR COMMUNITY MAINTAINS ITS CHARACTER AND THE FABRIC OF WHY IT WAS DEVELOPED IN THE FIRST PLACE. THAT DOESN'T MEAN IT HAS TO REMAIN JUST LIKE IT WAS 54 YEARS AGO, BUT IT CAN REMAIN THE, IT CAN MAINTAIN THE SAME CHARACTER WITHOUT TURNING IT INTO A MULTIFAMILY, UH, COMMUNITY MULTIFAMILY HOUSING. AND EVEN IF FAA SAYS THEY CAN FINANCE IT DOESN'T MEAN THAT IT'S RIGHT FOR HAMILTON PARK. IF YOU PUT TELL HAMILTON PARK NEEDS MORE SINGLE FAMILY HOMES, IT NEEDS FIRST, FIRST TIME HOME BUYERS IN THERE, LIKE THE ORIGINAL OWNERS WERE. IT NEEDS PEOPLE WHO ARE COMMITTED TO THAT COMMUNITY. IT NEEDS PEOPLE. THANK YOU. YOUR TIME IS UP. THANK YOU. THANK YOU. GOOD AFTERNOON, COUNSEL. MY NAME IS CLAYTON TATUM. I RESIDE AT 1 1 9 6 1 HOLI DALLAS, TEXAS 7 5 2 4 3. I'M MARRIED INTO HAMILTON PARK, 40 YEARS. AND WHEN I GOT THERE, THE FIRST THING I TOLD MY WIFE IS, I DON'T EVER WANT TO LEAVE. IT WAS A RETIREMENT COMMUNITY BASICALLY WITH OLD FOLKS. I SAID, BUT WHAT I'VE WATCHED IS THIS NEIGHBORHOOD GROW. IM MATURE. IT HAS MO MORPHED INTO SOMETHING DIFFERENT. BUT WHAT I ALSO WATCHED IS THE JACKALS COME IN TO GET IT. I'VE WATCHED THEM LIE. I'VE WATCHED THEM PROMISE. I'VE WATCHED HIM PAY AND THEN RENEGE ON THE DEALS. I'VE WATCHED HIM COME IN AND TAKE HIM BY LAW. AND GUESS WHAT HAPPENS? HAMILTON PARK LOSES EVERY TIME AND EVERY TIME THAT'S A PIECE OF OUR SOUL THAT GETS TAKEN AWAY. I'VE ALSO WATCHED WHEN PEOPLE MAKE PROMISES THEY CAN'T KEEP, IF YOU PUT A FOURPLEX IN HAMILTON PARK, THAT IS THE START OF THE NEW JACKALS BECAUSE ONE GETS IN, THE OTHER ONES COME. THAT'S WHAT THEY DID 20 YEARS AGO. THEY CAME IN AND PROMISED PEOPLE $250,000. WE'LL, BUY YOUR PROPERTY. YOU'LL BE RICH. YOU COULD NOT REBUY THAT PROPERTY FOR WHAT THEY WERE GONNA BUILD IT FOR. YOU KNOW WHY? BECAUSE THEY PRICED THEM OUT AT $600,000. WHAT WE HAVE RIGHT NOW IS CONGESTION OF CARS ON OUR STREETS. WE FIGHT THAT MONTHLY. WHAT WE HAVE IS OVERCROWDING BECAUSE WE HAVE PEOPLE WHO COME IN AND BUILD THEIR BUSINESSES IN OUR NEIGHBORHOOD. WE HAVE RENTERS WHO COME IN THAT WE CAN'T GET IN TOUCH WITH BECAUSE THEIR PROPERTIES ARE RAN DOWN. AND MONTHLY WE FIGHT THAT FIGHT. AND BY THE WAY, I'M VICE PRESIDENT OF HAMILTON PARK CIVIC LAKE TAYLOR JEFFERSON IS THE PRESIDENT. THAT IS A MONTHLY FIGHT. I RETIRED AND GUESS WHAT I'VE DONE FOR TWO YEARS IN MY RETIREMENT, JUST ABOUT EVERY DAY. I AM FIGHTING WITH THE CITY. I AM MAKING, HOPEFULLY PROMISES I CAN KEEP WITH THE PEOPLE THAT I LIVE WITH. AND IT IS A BATTLE. AND WHAT I ASK YOU IS TO DENY THIS. DON'T PUT ANOTHER PROBLEM ON OUR PLATE THAT WE'LL HAVE TO FIX DOWN THE ROAD. I PROMISE YOU IT IS A PROBLEM WE WILL HAVE TO FIX. THANK YOU. THANK YOU. NEXT SPEAKER, PLEASE. GOOD AFTERNOON. GOOD AFTERNOON, COMMISSIONER CHAIR. MY NAME IS JASON JACKSON, 1 1 9 5 4 [03:40:01] HOLI DRIVE, DALLAS, TEXAS 7 5 2 4 3. THANK YOU SO MUCH FOR YOUR TIME AND YOUR ATTENDANCE THIS AFTERNOON. UH, WE DO UNDERSTAND THAT ZONING, UH, REGULATES AND DEVELOPS LAND WITHIN ITS CONTROL TO ENSURE BALANCED COMMUNITIES AND THAT THE PUBLIC IS SATISFIED WITH THEIR COMMUNITY AS WELL AS TO ENSURE PROPER LAND USE AND PROPER VALUE TO CITIZENS THAT OWN PROPERTY, AS WELL AS TO PROTECT THE HISTORICAL PLAN, DEVELOPED COMMUNITY AND KEEP PROPERTY VALUE STABLE. THE PROPERTIES AND STRUCTURES IN THE HAMILTON PARK COMMUNITY NEIGHBORHOOD HAVE HISTORICAL AND CULTURAL VALUE TO THE COMMUNITY AS WELL AS THE CITY OF DALLAS, THUS WORTHY OF PRESERVATION. THESE STRUCTURES ARE CONNECTED TO HISTORICAL EVENTS AND THEREFORE THE ZONING OF HAMILTON PARK SHOULD PREVENT CHANGING THE SITE OF STRUCTURE FROM ITS ORIGINAL CONDITION. OF COURSE, THERE ARE USUAL ALLOWANCES FOR REPAIR AND RESTORATION. IF, IF THE AIM IS TO RESTORE OR IMPROVE THE ORIGINAL CONDITION WITHOUT LOSING ITS NATURAL APPEAL. UM, THE URBAN PLANNING ZONING SYSTEM, UM, IS TO PREVENT INCOMPATIBLE LAND USE FROM BEING PLACED TO TO EACH OTHER. AND WE, THE RESIDENTS AND THE HOMEOWNERS AND COMMUNITY OF HAMILTON PARK ARE COMMITTED TO PROTECTING AND MAINTAINING THE CHARACTER INTEGRITY AND THE DESIGN PURPOSE OF HAMILTON PARK COMMUNITY NEIGHBORHOOD. WE'RE COMMITTED TO MAINTAINING THE CHARACTER AND THE VALUE OF THE COMMUNITY IN PROMOTING ORDERLY DEVELOPMENT. WE'RE COMMITTED TO SINGLE USE ZONING FOR THE HAMILTON PARK COMMUNITY NEIGHBORHOOD TO GEOGRAPHICALLY SEPARATE USES THAT ARE THOUGHT TO BE INCOMPATIBLE. WE ARE COMMITTED TO A SINGLE USE ZONING TO PREVENT NEW DEVELOPMENT FROM INTERFERING WITH EXISTING USES IN ORDER TO PRESERVE THE CHARACTER OF THE COMMUNITY. ONE OF WHICH IS THIS FOURPLEX THAT'S, UH, POSITIONED ON FOREST LANE, WHICH WOULD SIT ON A 7,800 SQUARE FOOT LOT. THE LOT IS TOO SMALL AND TOO SHALLOW TO ACCOMMODATE THAT. IT'S TOO INTENSE AND THOUGH IT WOULD TOWER OVER THE HOMES ON, UH, OBERLIN STREET, UH, WHICH WOULD BLOCK THEIR ACTUAL LIGHT. UM, THE OTHER THING IS THAT, UM, IN CONCLUSION, WE, THE HAMILTON PARK COMMUNITY NEIGHBORHOOD IMPLORE YOU TO PROTECT AND PRESERVE THE HERITAGE OF THIS COMMUNITY BY DENYING REZONING AND ALLOWING HAMILTON PARK COMMUNITY NEIGHBORHOOD TO RETAIN ITS ORIGINAL ZONE DESIGNATION OF SINGLE FAMILY HOUSING. WE REQUEST THAT YOU SUPPORT THIS NOBLE CAUSE IN ORDER TO ELIMINATE THE NEGATIVE IMPACT OF PROPOSED REZONING AND TO PRESERVE THE HISTORICAL SIGNIFICANCE OF HAMILTON PARK BY PROTECTING THE PROPERTY USE OF THE LAND, ENABLING THE COMMUNITY TO DEVELOP INFRASTRUCTURE ADEQUATELY AND PROTECTING EXISTING PROPERTY FROM DESTRUCTION OR DEVALUATION. TODAY, EACH OF YOU HAVE AN INCREDIBLE OPPORTUNITY TO SUPPORT OUR COMMUNITY AND THE WORK OF THE TRAILBLAZERS. THANK YOU. YOUR TIME IS UP. WHO INTENTIONALLY DESIGNED AND PLAN THIS COMMUNITY, AND THIS IS DOCUMENTED. UH, THANK YOU, SIR, IN IN OUR LIBRARIES THROUGHOUT YOU FOR JOINING US. THANK YOU VERY MUCH. THANK YOU. THANK YOU. GOOD AFTERNOON. GOOD AFTERNOON TO THE CITY PLANNING COMMISSIONER CHAIR, AND TO YOU THE COMMISSIONERS. I AM PATRICIA PRICE HICKS, A PRODUCT OF HAMILTON PARK. 12 2 2 4. DANDRIDGE DRIVE IS WHERE I WAS BORN AND REARED. MY DAD HAS HAD THE POST OFFICE IN 2006, RENAMED AFTER HIM BECAUSE OF HIS MANY CONTRIBUTIONS, HE HELPED HOMEOWNERS GO THROUGH THE COMPANY THAT HE WORKED FOR AT THE TIME, WHICH WAS LOMAS AND NETTLETON BACK IN THE EARLY SIXTIES, UH, OBTAINED SOME OF THEIR HOMES. MY MOTHER, WHO IS STILL LIVING, IS A RETIRED RISD HAMILTON PARK ELEMENTARY SCHOOL AND HAMILTON PARK PACESETTER TEACHER. MY PARENTS MOVED INTO HAMILTON PARK IN 1957. I WAS ASKED IN 2016 TO WRITE THE STORY, THE NARRATIVE FOR THE HISTORY TO OBTAIN A HISTORICAL MARKER. IN MY RESEARCH, I LEARNED SO MANY THINGS ABOUT THE ORIGINAL TRAILBLAZERS. NOT ONLY DID I LEARN MANY THINGS ABOUT THE ORIGINAL TRAILBLAZERS, I LEARNED MUCH ABOUT DR. THEODORE, RICHARD HAMILTON, WHO CAME FROM ALABAMA, [03:45:01] WHO WAS A SURGEON WHOM THE COMMUNITY IS NAMED AFTER. I DO NOT WISH TO SEE THE FURTHERANCE OF GENTRIFICATION IN COMMUNITIES OF COLOR, SUCH AS HAMILTON PARK. I COULD GO THROUGH OLD NORTH DALLAS, UH, OUT BY THE GALLERIA, THE ALPHA COMMUNITY. I COULD TELL YOU ABOUT PLACES LIKE JOI, UH, OVER THEIR 10TH STREET DISTRICT AREA. THERE ARE MANY COMMUNITIES OF COLOR AND NOT JUST AFRICAN AMERICANS. SOME HISPANICS AT THIS TIME. I AM SO PASSIONATE ABOUT THE HISTORY OF NOT ONLY HAMILTON PARK, BUT OTHER COMMUNITIES IN DALLAS. I CONNECT THE DOTS FROM A TO ZI LEARNED SO MUCH. BUT WHAT I'VE ALSO LEARNED IS SINCE I WENT OFF TO COLLEGE, MY PARENTS, AS WE WOULD SAY, MOVED ON UP IN 1971, UH, LEFT HAMILTON PARK, BUT DAD WAS PASTORING AND WORKING DOWNTOWN AT LOMAS AND NETTLETON MORTGAGE BANK COMPANY FOR 28 YEARS. I'VE LEARNED SO MUCH ABOUT THANK YOU YOUR TIME. AS THE DEVELOPERS FROM CANVASSING SENIORS AND THEIR DESCENDANTS. I'M A SECOND GENERATION DESCENDANT. THANK YOU, MA'AM. WE WANT TO KEEP THE HISTORIC PRE PLANNED. THANK YOU VERY MUCH. THANK YOU FOR JOINING US. SINGLE FAMILY DWELLING. THANK YOU FOR JOINING US AND NOT MULTI DWELLINGS. THANK YOU. THANK YOU. NEXT SPEAKER, PLEASE. GOOD AFTERNOON. GOOD AFTERNOON. COMMISSIONER PLANTERS AND GUESTS. MY NAME IS MITCHELL STEIN. I LIVE AT 1 2 2 1 0 BELAFONTE DRIVE IN HAMILTON PARK. I AND MY FAMILY HAVE LIVED, UH, IN HAMILTON PARK SINCE 1963. BACK IN 1963, THE CITY OF DALLAS GOT A BLACK EYE BECAUSE THE PRESIDENT OF THE UNITED STATES CAME TO DALLAS. BUT ALSO AT THAT TIME, DALLAS WAS ALREADY BLESSED, BLESSED WITH A MASTER PLAN NEIGHBORHOOD DEVELOPMENT CALLED HAMILTON PARK. HAMILTON PARK IS AND STILL IS, WAS DESIGNED FOR AFRICAN AMERICAN FAMILIES TO GET A PIECE OF THE AMERICAN PIE AND TO EXPERIENCE WHAT WOULD, WHAT IT WOULD BE LIKE TO LIVE IN THE LAND OF OPPORTUNITY. THESE FAMILIES IN HAMILTON PARK DID. AND STILL ARE TAKING AN ADVANTAGE AND APPRECIATING THE OPPORTUNITY TO LIVE IN HAMILTON PARK BY BEING BLESSED WITH THE NEIGHBORHOOD SCHOOLS, CHURCHES, SHOPPING CENTERS, AND BY BEING PROUD, PROUD TO BE A HAMILTON PARK CI CITIZEN RESIDENT. THEY'RE PROUD BECAUSE THEY'RE STILL DOING HOME IMPROVEMENTS, MANICURING THEIR YARDS AND TREATING AND PROTECTING THE NEIGHBORHOOD AS A SINGLE FAMILY DWELLING NEIGHBORHOOD IN THE PAST. AND STILL TODAY, THE PASSING OF THIS PROPOSED ZONING, UH, THIS PROPOSED ZONING CHANGE WOULD DESTROY THE LEGACY AND HISTORICAL SIGNIFICANCE THE COMMUNITY HAS ALREADY BUILT. IT WOULD ALSO INVITE AN INFLUX OF TRANSIT DWELLERS THAT WOULD INCREASE THE TRAFFIC AND PARKING SITUATION PROBLEMS THAT WE ALREADY HAVE. IT WOULD ONLY MAKE IT WORSE, ALLOWING THE DENSITY OF DEVELOPMENT IN THIS MINORITY NEIGHBORHOOD WILL NOT HAPPEN IN A HIGHER INCOME AREA. HAMILTON PARK ACCEPTS CHANGE. WE ARE WILLING TO WORK WITH, UH, PARTNERS TO IMPROVE THE NEIGHBORHOOD, TO MAKE DEVELOPMENTS AND INCREASE DEVELOPMENT AND OPPORTUNITIES WITH OUR RETAIL NEIGHBORS. AND WE ASK THAT YOU NOT ALLOW ADDITIONAL DEVELOPERS TO COME IN AND FLIP HAMILTON POINT. THANK YOU. YOUR TIME IS UP. THANK YOU VERY MUCH. THANK YOU, SIR. [03:50:06] GOOD AFTERNOON. GOOD AFTERNOON COMMISSIONERS. UM, LD PULLIN 70 77 WATER CREST PARKWAY, DALLAS, TEXAS 7 5 2 3 1. I'M IN DISTRICT 10 WHERE THE PROPERTY IS LOCATED. I'M HERE ON BEHALF OF MY GODPARENTS AND THE OTHER ELDERLY RESIDENTS OF HAMILTON PARK. OH, I COULDN'T MAKE. AND SO MY NAME IS LD AND I URGE YOU TO REJECT THE REZONING OF HAMILTON PARK. UM, IT'S A HISTORICAL BLACK COMMUNITY FOUNDED IN 1954, AND, UH, THIS NEIGHBORHOOD WAS BUILT ON HOME OWNERSHIP, STABILITY, AND GENERATIONAL WEALTH. AND, UH, REZONING THREATENED TO DISPLACE LONGSTANDING RESIDENCE AND INCREASED PROPERTY TAXES AND ERODE ITS CULTURAL IDENTITY. CHANGING THE ZONING WOULD ACCELERATE GENTRIFICATION AND DISREGARD THE CITY'S COMMITMENT TO PRESERVE HISTORICAL SIGNIFICANT AREAS. INSTEAD OF REZONING, WE SHOULD INVEST IN INFRASTRUCTURE AND REVITALIZATION EFFORTS TO PROTECT HAMILTON PARK'S LEGACY. I ASK YOU TO HONOR ITS HISTORY AND REJECT THIS REZONING REQUEST. THANK YOU. THANK YOU FOR JOINING US. NEXT SPEAKER, PLEASE. IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? MR. MANNING, WE COME BACK TO YOU PER OUR RULES. YOU GET A TWO MINUTE REBUTTAL. OH, MY APOLOGIES. WE HAVE PEOPLE ONLINE. THANK YOU, COMMISSIONER. OKAY. I WRITE THEM DOWN. OKAY. UH, TELL JEFFERSON OH, SHE WAS HERE. OKAY. ALL RIGHT. UH, OKAY. THOMAS JEFFERSON ONLINE? YES. OKAY. OKAY, MS. VAZQUEZ SUTO VAZQUEZ, IF YOU'RE ONLINE, WE'RE READY FOR YOUR COMMENTS. PLEASE MAKE SURE YOUR CAMERA'S ON AND WORKING. CAN YOU GUYS HEAR ME? WE CAN HEAR YOU, BUT WE CAN'T SEE YOU YET. I'M NOT ABLE TO. OKAY. HOLD ON. OKAY. OKAY. CAN YOU GUYS SEE ME NOW? YES, WE CAN. WE'RE READY FOR YOUR COMMENTS. THANK YOU. OH. ALL RIGHT. MY NAME IS ADRIANA SOTO. I LIVED IN HAMILTON PARK FOR EIGHT YEARS NOW. UM, JUST TO ECHO WHAT EVERYONE IS SAYING, I'VE WORKED REALLY, REALLY HARD TO KEEP UP WITH MY PROPERTY, AND I FELT VERY WELCOMED BY EVERYBODY. I RECENTLY, LITERALLY THIS PAST WEEK, I'VE UPDATED MY SEWER LINES FOR MY HOUSE. SO IF ANYBODY SAW MY D MY HOUSE DUG UP, THAT WAS ME. UM, I REALLY LOVE THIS NEIGHBORHOOD. UM, AND I'M ALSO OPPOSED TO THE REZONING. AND I THINK THAT IT WOULD CHANGE THE, UM, CHARACTER AND THE HISTORY OF OUR NEIGHBORHOOD. UM, AND [03:55:01] THIS DOES NOT IN ANY WAY FAVOR US AS NEIGHBORS. AND, UM, I ALSO WANT TO ECHO WHAT EVERYONE ELSE IS SAYING. I AM OPPOSED. AND THAT'S ALL FOR ME FOR RIGHT NOW. THANK YOU FOR JOINING US. UH, YES. THANK YOU, MS. BRANCH. MS. BRANCH, ARE YOU ALIGNED? YES, I'M HERE. CAN YOU SEE ME? NOT QUITE YET. THERE WE GO. WE CAN SEE YOU NOW. THANK YOU. HI. THANK YOU. GOOD AFTERNOON. THANK YOU FOR HAVING ME TODAY. MY NAME IS DANA BRANCH. I CURRENTLY RESIDE AT ONE 1-805-OBERLAND DRIVE. I HAVE BEEN IN THE NEIGHBORHOOD THROUGH MARRIAGE, UH, FOR 11 YEARS. MY HUSBAND ANTHONY BRANCH, HIS GRANDPARENTS ARE THE ORIGINAL HOMEOWNERS, UH, THE LAKE CLAYTON AND JOHNNY BRANCH WHO LEFT THE HOUSE, UH, TO HIM, THEIR ONLY GRANDSON. AND SO I JUST WANNA STAND IN AGREEMENT WITH THE REST OF THE HAMILTON PARK AREA TO SAY THAT I OPPOSED ME AND MY HUSBAND OPPOSED THE REZONING. AND I ALSO WOULD LIKE TO SHARE THAT ON PAGE 1619, THERE IS OUR NAME AND MY HUSBAND NAME IS LISTED AS ONE OF THE PROPERTIES NOTIFIED. AND ON FEBRUARY THE SEVENTH, MR. MANNING CAME BY OUR HOME AROUND THREE 30 TO 3:45 PM SPEAKING IN REGARDS TO THIS, HE, HE WAS ASKED TO LEAVE AND HE ASKED MY HUSBAND TO SIGN A PIECE OF PAPER, AND MY HUSBAND DID NOT SIGN, NOR DID WE RECEIVE ANY CERTIFICATION THROUGH THE MAIL OR ANYTHING. SO I WANTED TO MAKE SURE THAT THIS, UH, OUR COMMISSIONERS KNOW THAT WE DO NOT APPROVE. AND, UH, OUR NAME AND OUR ADDRESS SHOULD NOT BE ON PAGE 1690. UH, PAGE 1619. THANK YOU FOR YOUR TIME TODAY. I APPRECIATE YOU ALL. THANK YOU FOR JOINING US. IS THERE ANYONE ONLINE THAT WE MISSED? OKAY, WE'RE SET NOW FOR YOUR REBUTTAL TIME, SIR. TWO MINUTES. YOU KNOW, FIRST OF ALL, I'D LIKE TO THANK EVERYBODY FOR COMING OUT AND BASED UPON MS. BRANCH, UH, UH, YOU KNOW, COMMUNICATION THAT LETS YOU KNOW, I WALKED THE NEIGHBORHOOD AND TALKED TO PEOPLE. I ALSO, I ALSO, UH, AT THE RECOMMENDATION OF OF, OF COUNCILMAN HOUSEWRIGHT, I WENT BACK AND MET WITH THE, WITH THE COMMUNITY AS WELL, AND HAD A COMMUNITY MEETING. SO, LET'S FIRST START OFF BY SAYING THE OBVIOUS HERE. Y'ALL WORKED VERY HARD BACK IN 2006. BACK IN 2024. Y'ALL SPENT YEARS TALKING WITH THE COMMUNITIES ABOUT HOW THEY WANTED THEIR COMMUNITY TO LOOK GOING FORWARD IN FORWARD DALLAS. A LOT OF TIME AND EFFORT PUT INTO THAT THAT CAME FROM THIS COMMUNITY, FROM THE HAMILTON PARK CIVIC LEAGUE, THAT THEY WANTED FOREST LANE TO LOOK AS A, LOOKED LIKE A MIXED USE DEVELOPMENT. THAT WHAT WAS PROPOSED. AND, AND THAT'S WHAT HAPPENED. SO, I HAVE FOLKS, PLEASE. I'M, I'M SORRY, MA'AM. WE, WE WOULD NOT ALLOW HIM TO DO THAT TO YOU GUYS WHEN YOU SPEAK. PLEASE. LET'S, LET'S KEEP IT CIVIL. SO I HAVE BROUGHT BACK TO THE CITY STAFF WHEN THEY SAID, HEY, THIS PARTICULAR ZONING THAT YOU'RE ASKING FOR INITIALLY WON'T WORK. I SAID, OKAY, LET ME PUT SOME THINGS IN PLACE WITH SOME CONCERNS. I AGREED TO SET BACK 25 FEET TO BLOCK FACE LIKE THE REST OF THE PROPERTIES. I AGREED TO HAVE FURTHER SIDE YARD SETBACKS. I ALSO AGREED TO A 26 FOOT HEIGHT TO REPRESENT A SINGLE FAMILY HOME. SO I'VE COME IN ON THE FRONT [04:00:01] END ALREADY GIVING UP THE THINGS THAT I NEEDED TO GIVE UP TO MAKE SURE THAT THIS ZONING WAS APPROPRIATE FOR THE NEIGHBORHOOD. AND NOT ONLY THAT, 82 15 IS MY PROPERTY. 82 39 IS A COMMERCIAL USE, WHICH IS A TREE SALES AND SERVICE COMPANY, WHICH IS A HIGHER ZONING THAN MINE ON THE OPPOSITE END. 82. OH, THANK YOU. FIVE IS A PROPERTY I'M PURCHASING. THANK YOU. COMMISSIONERS QUESTIONS FOR THE APPLICANT? YES. COMMISSIONER WHEELER, PLEASE. MR. MANNY, ARE YOU FROM DALLAS? YES. BORN AND RAISED. ARE YOU FROM HAMILTON PARK? I PURCHASED IT IN HAMILTON PARK IN 2014. I INTEND ON STILL LIVING THERE AS MY HOMESTEAD AFTER THIS FOURPLEX IS BUILT IN ONE OF THE UNITS. MR. HAMILTON EXCUSE. UM, AND I AM ONE. I WANNA, I'M GONNA ASK YOU THIS IN A QUESTION. I AM ONE THAT BELIEVES IN OUR CORRIDORS POSSIBLY HAVING SOME MIXED HOUSING. BUT DID YOU GO TO THE MEETINGS AND, AND REALLY SPEAK TO THE COMMUNITY? WE HAVE A COUPLE OF HISTORICAL BLACK NEIGHBORHOODS. UM, WE HAVE A COUPLE OF HISTORICAL BLACK NEIGHBORHOODS THAT ARE ON THE BLINK OF GENTRIFICATION. AND THEY, A COUPLE OF 'EM START IN, IN PARK. UM, COULD YOU UNDERSTAND HOW EVEN ON THE FRONT STREET, HOW THIS COULD ADVERSELY AFFECT THAT COMMUNITY? SO YOUR QUESTION IS, DO YOU UNDERSTAND HOW THIS PARTICULAR PROJECT CAN ADVERSELY, ADVERSELY AFFECT THIS COMMUNITY AS IT DID ELM DICK? SO, YES, I TOOK THAT IN CONSIDERATION, AND THIS IS HOW I TOOK THAT IN CONSIDERATION STAFF APPROVAL ON PAGE FOUR, STAFF APPROVAL. IT SAID, WE WANT TO PROTECT THE SINGLE FAMILY HOMES INSIDE OF HAMILTON, HAMILTON PARK AND THE INTERIOR. I AGREE WITH THAT. PROTECT THOSE HOMES BACK THERE. FOREST LANE HAS A DIFFERENT CHARACTERISTIC WITH THOSE FOUR OR FIVE HOUSES ON FOREST LANE. WHOLE, TOTALLY DIFFERENT CHARACTERISTIC. UM, MR. MANNING? YES. SOMETHING YOU MIGHT NOT KNOW. I'M GONNA ASK IN YOUR QUESTION. I'M A UNT STUDENT. I GOT TO ACTUALLY SEE THE ORIGINAL DOCUMENTS, UM, HOW THIS COMMUNITY STARTED. 'CAUSE UNT HOLDS IT. UM, DO YOU, DO YOU REALLY, UM, UNDERSTAND HOW A PROJECT LIKE THIS CAN DISPLACE THOSE WHO THIS, THIS PROJECT WAS FOR AFFORDABLE HOUSING FOR NEGROES AT A HISPANICS AND THOSE WHO COULD NOT AFFORD HOUSING DURING A TIME WHEN DEVELOPMENT WAS GOING ON IN THIS AREA AND WHITE FLIGHT WAS COMING FROM SOUTH DALLAS AND OTHER AREAS. DO YOU, DO YOU UNDERSTAND THE HISTORICAL VALUE? ABSOLUTELY. I UNDERSTAND IT. AND I'M ALSO, I BELIEVE THE LAST TIME I CHECKED I WAS AFRICAN AMERICAN. SO I UNDERSTAND THAT I'M STILL GONNA STAY IN MY PROPERTY IN HAMILTON PARK AS MY HOMESTEAD. SO I UNDERSTAND THAT GREATLY. TH THANK YOU MR. MANNING. YES. I WILL SAY FOR MY, FOR COMMENTS, THANK YOU. THANK YOU, MR. RUBIN. UH, HI THERE. MR. MANNING, IF I REMEMBER CORRECTLY, YOU, THERE WAS A PARKLAND ZONING CASE ACROSS THE STREET, UH, WHERE THAT CHURCH WAS MAYBE FOUR OR FIVE YEARS AGO. DO YOU RECALL THAT? YES. AND I THINK YOU WERE THE HAMILTON PARK REPRESENTATIVE OR ONE OF HAMILTON PARK'S REPRESENTATIVES ON THAT, THAT CASE. I, I WAS A REPRESENTATIVE OPPOSING THE 30,000 SQUARE FOOT PARKLAND CLINIC. YES. YES. AND YOU KNOW, I, I THINK I, I WORKED THAT CASE AT THE TIME, AND I REMEMBER THAT WE HAD MULTIPLE MEETINGS IN ADVANCE OF THAT PARKLAND CASE, CORRECT? YES. I I'M JUST KIND OF CURIOUS. UM, SOME OF THE NEIGHBORS HERE HAVE SAID YOU ONLY CAME TO THEM VERY RECENTLY ON, ON THIS ONE. WHAT, WHAT, WHY, WHY HASN'T BEEN THERE? THERE BEEN MORE EXTENSIVE COMMUNITY OUTREACH ON, ON THIS CASE. SO HERE'S THE COMMUNITY OUTREACH THAT I DID. I ACTUALLY WALKED THE NEIGHBORHOOD, I WALKED WITHIN THE NOTIFICATION AREA AND BEYOND THE NOTIFICATION AREA. IN FACT, I HAVE EVERY SINGLE RESIDENT OR OWNER, WITH THE EXCEPTION OF PROBABLY ONE THAT HAVE SIGNED MY PETITION IN SUPPORT OF MY ZONING ALONG FOREST LANE. I ONLY HAVE ONE OPPOSITION OPPONENT ON OVERLAND, [04:05:01] WHICH IS DIRECTLY IN BACK OF ME. NO OTHER PERSON ON OVERLAND DIRECTLY IN BACK OF ME IS IN A, IN OPPOSITION OF MY ZONING REQUEST CHANGE. OKAY. SO I'VE DONE EXTENSIVE OUTREACH, EXTENSIVE, I, I SEE PEOPLE BEHIND YOU SHAKING THEIR HEAD. SO I JUST WANNA MAKE SURE THAT I UNDERSTAND. WHEN DID YOU WALK THE NEIGHBORHOOD? IN FEBRUARY AND IN MARCH. THOSE ARE THE TWO MONTHS THAT I WALKED THE NEIGHBORHOOD. SO IT'S IT'S MARCH 6TH RIGHT NOW, SO THAT, THAT'S CORRECT. IT'S THE LAST COUPLE WEEKS WHEN YOU'VE JUST WALKED THE NEIGHBORHOOD? NO, NO, NO. NOT THE LAST COUPLE OF WEEKS. I SAID STARTING IN FEBRUARY. SO, AND AT THE ADVICE WHEN WE WERE HERE LAST, BACK IN FEBRUARY, UH, MR. HOUSEWRIGHT SAID, HEY, GO SET UP A COMMUNITY MEETING. I DID THAT. SO, OKAY. SO THE FIRST COMMUNITY MEETING WAS AFTER, AFTER OUR FEBRUARY MEETING? YEAH. I DIDN'T, AFTER, AFTER RECEIVING NO OPPOSITION WITHIN THE NOTIFICATION AREA. I THOUGHT EVERYBODY WAS COOL WITH IT. AND THEN, AND THEN, EXCUSE ME, I, I THINK THIS, IF, IF YOU WOULDN'T MIND JUST REFRAINING FROM OUTBURSTS, PLEASE. WE'RE, WE'RE TRYING TO GET THIS DONE EXPEDITIOUSLY. I WANT TO GIVE MR. MANNING A CHANCE TO ANSWER MY QUESTIONS. AND I I THINK WE'VE, IT, IT WILL ALL GO MUCH MORE SMOOTHLY. WE ALL ACCORD EACH OTHER, THE COURTESY OF, OF ALLOWING THE SPEAKERS TO SPEAK. RIGHT. SO, SO THANK YOU, MR. MANNING. SO THE FIRST, THE FIRST LINE OF DEFENSE, WHEN I WENT TO OUR COUNCILWOMAN AND OUR ZONING COMMISSIONER IN APRIL OF 2024, SHE WAS AWARE OF WHAT I WAS ANTICIPATING GOING TO DO. SO THAT'S WHY I STARTED FIRST WITH THE OUTREACH. IF YOU, IF YOU DON'T START THERE FIRST, IT'S, IT'S NO NEED TO START ANYWHERE. SO THAT'S WHERE I STARTED FIRST. AND I, I JUST WANT TO MAKE SURE. FIRST COMMUNITY MEETING WAS AFTER OUR FEBRUARY 6TH MEETING? THAT'S, THAT'S CORRECT. OKAY. AND I, BUT I STARTED REACH, BUT I THANK YOU MR. MANNING. THANK YOU. ONE QUICK FOLLOW UP, MR. MANNING. UH, SO YOU, ONE OF THE LITTLE QUIRKS OF MY MEMORY IS THAT I, I REMEMBER ALMOST ALL OF THE SPEAKERS THAT HAVE SPOKEN HERE, AND I I DO REMEMBER YOU NOW. MM-HMM . I REMEMBER YOU IN THE CASE THAT WAS REFERENCED BY, UH, THE VICE CHAIR. UM, SO IT, WOULD IT BE FAIR TO SAY THAT YOU KIND OF KNOW THE PROCESS HERE THAT YOU KNOW, KIND OF WHAT WE DO, YOU KNOW, THE FLOW OF THINGS, THE KIND OF THE VELOCITY OF HOW A A CASE GOES? UH, AND SO YOU MENTIONED THAT YOU, YOU WALKED YOUR NEIGHBORHOOD CORRECT. AND THAT YOU HAD HAD SOME FOLKS IN SUPPORT. DO YOU HAVE LETTERS OF, OF SUPPORT FROM THESE FOLKS? YES. I SUBMITTED THEM TO, UM, LILLIAN. OKAY. THOSE WERE, THERE WAS ARE EMAILED TO US? YES. OKAY. AND COMMISSIONERS. ANY OTHER QUESTIONS FOR THE APPLICANT, PLEASE? COMMISSIONER FORESITE. UH, MR. MANNING, YOU INDICATED THAT YOU'VE LIVED IN THE NEIGHBORHOOD SINCE 2014. THAT'S CORRECT. UH, AT, AT THIS PROPERTY AT 82 15 FOURTH LANE? THAT'S CORRECT. DO YOU LIVE THERE OR DO YOU RENT, UH, RENT OUT TO HOME? I LIVE THERE. IT'S MY HOMESTEAD. OKAY. UM, THE HOUSE IS STILL, UH, IS THE STRUCTURE STILL STANDS TODAY, RIGHT? YES. YOU HAVEN'T TORN IT DOWN, SAY THAT LAST TIME. YOU HAVEN'T, YOU HAVEN'T TORN IT DOWN YET? NO. OKAY. UM, C CAN I ASK, I MEAN, COULD, COULD THE STRUCTURE BE, UH, SOLD OR, I MEAN, IS IT, UH, HABITABLE? I MEAN, YOU'RE LIVING THERE TODAY, SO I PRESUME IT'S HABITABLE, RIGHT? I'M NOT INTERESTED IN SELLING IT, NOR WOULD I IF I PUT, IF I GET GRANTED MY ZONING CHANGE, NOR MY WELL, I, I'M JUST ASKING YOU BECAUSE I'M TRYING TO UNDERSTAND, YOU KNOW, THE, THE, YOU, YOU'RE WANTING TO TEAR DOWN AN EXISTING AFFORDABLE HOME THAT IS IN THE NEIGHBORHOOD TO BUILD A FOURPLEX, RIGHT? YES. AND, AND SO I'M JUST TRYING TO UNDERSTAND WHAT THE REASONING IS FOR WANTING TO, TO TEAR DOWN A, AN EXISTING AFFORDABLE HOME. SO, UH, I HAVE FOUR ADULT CHILDREN, SO I'M GONNA OFFER FOR MY FOUR ADULT CHILDREN TO LIVE IN THAT FOURPLEX. AND, UM, I, I HAVE A QUESTION FOR STAFF TOO. WE'LL COME BACK TO IT, COMMISSIONER. WE'RE GONNA GO TO OUR, OUR, THE APPLICANT AND FOCUS IN OPPOSITION. ANY OTHER QUESTIONS FOR THE APPLICANT? NO. YOU'RE GONNA PASS FOR NOW, VICE CHAIR. YEAH. UM, I JUST WANNA MAKE SURE, I THINK I FOUND THE SIGNATURES THAT, THAT YOU SENT IN. I WANNA MAKE SURE THAT I AM GETTING ALL OF THEM. I SEE MAYBE 10 SIGNATURES. IS THAT, IS THAT RIGHT? UH, I'M NOT LOOKING AT IT, BUT IT, IT COULD BE POSSIBLY CORRECT. OKAY. AND [04:10:01] HOW MANY OF THOSE SIGNATURES COME FROM THE RESIDENCE OF THOSE PROPERTIES VERSUS HOW MANY OF THOSE COME FROM LANDLORDS WHO DON'T RESIDE ON THE PROPERTY? UH, SO FOR INSTANCE, UM, THE, THE TWO THAT SIT ON EITHER SIDE OF ME THAT WAS BROUGHT UP EARLIER, THAT THEY WOULD HAVE A CONCERN WITH THAT YOU WILL SEE THOSE ARE THE TWO MAIN SIGNATURES. THOSE ARE ACTUAL OWNERS. AND THEN AT 82 0 5 FOREST LANE, YOU HAVE THAT ACTUAL OWNER SIGNED THE, UH, PETITION IN SUPPORT. NOT ONLY DID HE SIGN THAT PETITION IN SUPPORT, BUT LATER ON HE, HE A, HE'S, HE'S SELLING ME THAT PROPERTY. AND THEN THE, THE PROPERTY THAT'S ON THE OPPOSITE END, WHICH IS 82 39, THAT IS A TREE FORM SALES AND SERVICE. SO I DIDN'T GET ONE FROM THAT ONE. OKAY. BUT JUST A, YEAH. QUESTION ABOUT WHO YOU WERE GETTING TICKETS OR SOMETHING. YEAH, THANK YOU. BUT, BUT ALL OF 'EM ARE EITHER OWNERS OR OCCUPANTS. MOSTLY OWNERS THOUGH ALONG FOREST LANE AND ALONG OBERLIN IN SUPPORT. COMMISSIONER FRANKLIN, I JUST HAVE TWO SIMPLE QUESTIONS. UH, MY FIRST QUESTION IS, WHY DON'T YOU BELIEVE THAT CHANGING THIS TO MULTIFAMILY WON'T CHANGE THE CHARACTERISTIC OF THE NEIGHBORHOOD? UH, IT IS NOT THAT I BELIEVE IT, IT IS WHAT THE, UH, IT IS WHAT Y'ALL DO EVERY DAY. EACH AND EVERY SINGLE PERSON THAT APPLIES FOR ZONING CHANGE, THEY FIRST HAVE TO APPLY FOR A ZONING CHANGE. ALL THE PROPERTIES IN BACK OF ME ARE ZONED SINGLE FAMILY HOMES. UH, THE PROPERTIES ALONG FOREST LANE ARE THE ONLY ONES THAT ARE IN FAR THAT 2006 AND 2024 THAT THE COMMUNITY HAS SAID, HEY, WE WOULD LIKE TO SEE THESE AS MIXED USE. SO THAT'S WHAT I'M DOING WITH THIS CORRIDOR BECAUSE IT'S, IT'S RIGHT ACROSS FROM THE DART STATION. AND COMMERCIAL IS EVERYWHERE AROUND ME ON FOREST LANE, INCLUDING IN MY BLOCK OF, WHICH IS 82 39. SO IT WON'T AFFECT THAT BECAUSE EACH INDIVIDUAL HAVE TO GO THROUGH THE SAME PROCESS THAT I'M GOING THROUGH. AND THEN WHEN IT GET BEFORE Y'ALL, Y'ALL WILL SEE, OH, THIS IS IN THE MIDDLE OF HAMILTON PARK. WE CAN'T CHANGE THIS TO MULTIFAMILY BACK HERE. IT'S NO LOGIC OR RHYME OR REASON TO DO THAT. AND THEN THAT ZONING WILL POSSIBLY BE DENIED. SO YOU DISAGREE THAT THIS WILL LIKELY SET A PRECEDENCE? I DISAGREE THAT IT WILL, IT WILL SET A PRECEDENCE FOR ANY HOUSE THAT IS NOT ON FOREST LAKE. IT WILL NOT, THAT'S NOT ON FOREST LAKE. IT WILL NOT, UNLESS, UNLESS Y'ALL VOTE TO ALLOW A HOUSE BACK THERE TO BECOME MULTIFAMILY, WHICH I DON'T THINK THIS COMMISSION WOULD DO THAT BECAUSE I'M IN SUPPORT OF PRESERVING ANY HOUSE THAT'S NOT ON FOREST LANE. UH, PASS THE WITNESS. THANK YOU. THANK YOU, SIR. CHAIR, UH, COMMISSIONER WHEELER, SECOND ROUND, PLEASE. UH, CHAIR. PUT ME ON THE LIST IF YOU DON'T MIND. MY APOLOGIES. COMMISSIONER HERBERT, WE'LL GO TO COMMISSIONER HERBERT FIRST. THANK YOU. COMMISSIONER HERBERT? YES, SIR. QUICK QUESTION. UM, THE, THE, UM, RAIL STATION THAT ABUTS UP TO THE NEIGHBORHOOD THAT'S NEAR YOU, WOULD YOU SAY THAT THE PARKING LOT THERE IS, UM, EXTREMELY LARGE AND NOT AS USED AS IT USED TO BE AT ONE POINT, WHICH I DIDN'T HEAR THE FIRST PART OF THAT. THE RAIL STATION, THE PARK AND RIDE RAIL STATION THERE, THAT, UH, BUT'S RIGHT NEXT UP TO THE NEIGHBORHOOD. WHAT'S THE QUESTION ABOUT THAT? DID YOU SAY THAT THE, THERE'S A LARGE PARKING LOT THERE THAT'S NOT AS, NOT USED AS MUCH AS IT USED TO BE? I, I DON'T KNOW. I DON'T TRACK THE USAGE OF THE DART STATION PARKING LOT. DO YOU WITNESS ANY, DO YOU WITNESS THAT PARKING LOT BEING FULL WHEN YOU PASS IT GOING TO YOUR HOME? I, AGAIN, I DON'T TAKE NOTES AS FAR AS IF IT'S FULL HALF FULL FROM WHAT IT USED TO BE. I JUST KNOW IT'S A DARK, WOULD BE SAFE TO SAY. THANK YOU. WOULD IT BE SAFE TO SAY THAT THE CITIZENS, WHEN THEY AGREED TO THE FORD DALLAS PAN AND THAT CORRIDOR, THAT THEY WOULD TAKE THAT TOD ITSELF AND TURN IT INTO A MULTI-USE TAKE THE, I I CAN'T SPECULATE THE RAIL STATION ITSELF. I CAN'T SPECULATE WITH WHAT SOMEBODY ELSE WOULD THINK. I, I CAN'T ANSWER THAT. GOTCHA. SO I BOUGHT IT UP BECAUSE YOU SAID THAT THE NEIGHBORS HAD AGREED TO TURN IN THAT AREA UNTIL A MULTI-USE AREA. NO, I DIDN'T SAY THEY AGREED. I DIDN'T [04:15:01] SAY THEY AGREED. I SAID, WITH RESPECT TO ANY 2006 OR 2004 FORWARD DALLAS PLANS, THE COMMISSIONERS, THE CITY COUNCIL INDIVIDUALS MET EXTENSIVELY FOR YEARS ASKING THE COMMUNITY WHAT WOULD THEY LIKE TO SEE IN THEIR NEIGHBORHOODS MORE MAINLY. SO ALONG BUSY CORRIDORS, JUST LIKE FOREST LANE. SO NOT THAT THOSE FAR DALLAS PLANS ARE NO LONGER, AND WE HAVE FAR DALLAS 2024. IS THAT STILL THE, THE, THE BELIEF OF THE NEIGHBORHOOD? I, I DON'T KNOW WHAT THE BELIEF OF THE NEIGHBORHOOD AS, AS FAR AS, WELL, WE'LL PUT IT LIKE THIS, AS FAR AS WHAT IS HAS BEEN PROPOSED AND APPROVED THROUGH FORWOOD DALLAS. I WOULD HAVE TO SAY YES, THAT'S THE BELIEF OF THE NEIGHBORHOOD FOR FOREST LANE. I'M NOT SAYING WHAT THE BELIEF OF ANY HOUSE THAT IS NOT ON FOREST LANE IS, I'M JUST SAYING ALONG FOREST LANE, THAT'S WHAT THE FORWARD DALLAS PLAN SAYS. THEY MET WITH CITY COMMUNITY. IT IS WHAT IT IS. I RES THANK YOU. I RESPECTFULLY DISAGREE. DID YOU, DID YOU THINK ABOUT THE DESIGN STANDARDS OF YOUR PROJECT AND MAKING IT TO THE STANDARDS OF THE HOMES, UM, FRONT PORCHES FOUR, UH, ONE FLOOR FOURPLEX IN THAT WAY VERSUS, UH, THE, THE PLANS THAT YOU HAVE PRESENTED? YES, I DID. UH, FIRST OF ALL WITH HEIGHT RESTRICTION, BLOCK FACING, THE FIRST UNIT WILL BE BLOCK FACING THAT, UH, THE DEPICTION OF THE PRESENTATION I PRESENTED, YOU WOULD NOT KNOW IT WAS A FOURPLEX IF YOU DROVE DOWN FOREST LANE. SO I TOOK ALL THAT INTO CONSIDERATION, ESPECIALLY THE HEIGHT RESTRICTION, BECAUSE YOU CAN GO RIGHT NOW AND BUILD A SINGLE FAMILY HOME IN, IN ON ANY OTHER STREET IN HAMILTON PARK, AND YOU CAN GO UP 26 FEET. I KEPT MY ZONING AT 26 FEET OF HEIGHT, SO IT WOULD NOT BE OUT OF CHARACTER. I AGREED TO BLOCK FACING, I AGREED TO 25 FOOT SETBACK. SO IT WOULD HAVE CONTINUITY WITH ANY EXISTING HOMES ON FOREST LANE. SO THERE ARE OTHER HOMES THAT ARE 26 FEET HIGH. ABSOLUTELY. THANK YOU. OKAY. COMMISSIONER WEER. MR. BANEY, DO YOU KNOW THAT YOU'RE SPEAKING OF HAMILTON PARK AS IF THE A THE, THAT, THE, THAT THE FOREST LANE AVENUE HOUSES ARE NOT A PART OF HAMILTON PARK, EVEN THOUGH THAT THAT IS THE, THEY'RE ONE OF THEIR BORDERS THAT THOSE HOUSES ARE IN HAMILTON PARK? YES. I'M AWARE THAT THE HOMES ON FOREST LANE IS IN HAMILTON PARK. I'M VERY AWARE OF THAT. THAT'S IT. IT'S IN THAT SUBDIVISION. DO YOU UNDERSTAND, BECAUSE I, I HEARD YOU REFERENCING THE 2006 AND 2024, AND THE, DO YOU, DO YOU UNDERSTAND THAT AT THE BIGGEST ISSUE WITH HOUSING, UM, AND SINGLE FAMILY, WE, WE FOUGHT TOOTH AND NAILS BECAUSE PEOPLE WERE AFRAID THAT SINGLE FAMILY NEIGHBORHOODS, PEOPLE WERE GOING TO TEAR DOWN HOMES THAT WERE IN SINGLE FAMILY NEIGHBORHOODS AND, AND, AND DO WHAT EXACTLY YOU'RE PROPOSING. SO DO YOU UNDERSTAND THAT THAT 2024, YES, WE FOUGHT, BUT THIS IS THE REASON THAT WE HAD SO MUCH PUSHBACK. SO, SO, AND THAT'S THE REASON WHY I'VE DEVELOPED WHAT I HAVE DEVELOPED IS BECAUSE EACH ONE OF MY UNITS CAN BE SOLD AS A SINGLE FAMILY HOME. ARE, ARE, SO ARE YOU SAYING YOU'RE REPLANTING BECAUSE A SINGLE FAMILY HOME IS A, WELL, THEY CAN BE SOLD AS SINGLE FAMILY. LET ME REPHRASE THAT AND SAY THAT WHETHER YOU LOOK AT IT AS A CONDO OR SOMETHING LIKE THAT, IT CAN BE SOLD THAT WAY A CONDO, IF IT'S NOT REPLANTED, IT IS NOT A SINGLE FAMILY HOME. WELL, WELL, WE'RE AT THE, WE'RE ONLY AT THE BEGINNING STAGES OF MULTIFAMILY, SO, OKAY. ANY OTHER QUESTIONS OF THE APPLICANT? COMMISSIONERS' QUESTIONS FOR SPEAKERS IN OPPOSITION? YES. COMMISSIONER HALL? UH, I'M SORRY, I DID NOT GET YOUR NAME, BUT THE FIRST LADY THAT SPOKE, YES. UH, CAN YOU COME DOWN PLEASE? CAN YOU COME DOWN PLEASE? I'M SORRY. YES, SIR. HAVE YOUR NAME AGAIN? TAYLOR JEFFERSON. OKAY. UH, AND YOU ARE WITH [04:20:01] THE HOMEOWNERS ASSOCIATION OR? WE, UM, HAVE A NEIGHBORHOOD ASSOCIATION. IT'S OVER 71, 71 YEARS OLD. AND MY GREAT GRAND, MY GREAT UNCLE, HE WAS THE PRESIDENT FOR 20 YEARS BEFORE ME. I CAME IN AFTER HIM AS THE 13TH. SO YES. OKAY. THERE, UH, THERE'S A, A SCHOOL HERE, HAMILTON PARK, UH, PACESETTER, UH, HAMILTON PARK GOES TO THE NORTH OF THAT SCHOOL AS WELL. UM, UH, IT SEEMS TO BE IN THE MIDDLE OF SINGLE FAMILY HOMES. YEAH. MM-HMM . SO YOU HAVE THE, UM, YOU HAVE THE SCHOOL'S ON TOWN STREET. UM, OFF THAT STREET IS SRO, UH, SCHROEDER. AND THEN, SO IT'S IN THE MIDDLE OF THE NEIGHBORHOOD? CORRECT. SO THAT, THAT WHOLE THING BETWEEN, UH, LBJ FREEWAY AND FOREST LANE IS HAMILTON PARK. MM-HMM . SO YOU HAVE LBJ FREEWAY AND THEN ALL THE WAY TO FOREST LANE, THAT WOULD BE ALL CONSIDERED HAMILTON PARK? CORRECT. OKAY. I SEE THERE'S ANOTHER DART STATION UP THERE NEAR, UH, NEAR, UH, 30 FOREST LANE AND, UH, NOT FOREST LANE, TEXAS INSTRUMENTS IN, UM, MARKVILLE, I BELIEVE, UH, WHAT'S IT CALLED HERE? MM-HMM . UH, LBJ CENTRAL STATION. YEAH, IT IS TEXAS INSTRUMENTS THERE. IS THERE ANY ACCESS FROM HAMILTON PARK TO THAT STATION? YES, YOU CAN WALK THERE. YOU CAN WALK THERE? YEAH. IT'S WALKING DISTANCE. OH, OKAY. UH, AND ROUGHLY HOW MANY, ROUGHLY HOW MANY HOMES ARE IN HAMILTON PARK? UM, ROUGHLY, I BELIEVE 749, IF I'M NOT MISTAKEN. THAT'S A LARGE NUMBER OF HOMES. 7 33 43. 7 43. I'M SORRY. SHE'S A REALTOR. SHE WOULD KNOW 7 43. ALRIGHT, THANK YOU. YEAH. OKAY. THANK YOU. ANY OTHER QUESTIONS, COMMISSIONERS, QUESTIONS FOR STAFF? COMMISSIONER FORESITE? I I WANNA GET BACK TO THE PARKING ISSUE THAT WE TALKED ABOUT AND EARLIER TODAY DURING THE BRIEFING. AND ALSO I WANNA, UH, GO BACK TO THE CASE REPORT. UH, GIMME JUST A MOMENT HERE. THE CASE REPORT SAYS, GIVEN THE DIMENSIONS, THIS IS ON PAGE, UH, 16 SIX. GIVEN THE DIMENSIONS OF THE SITE IN THE DEVELOPMENT STANDARDS OF MF ONE MULTIFAMILY, THE LARGEST NUMBER OF DWELLING UNITS THAT COULD BE PROVISIONED HERE IS THREE. AND SO I DON'T UNDERSTAND WHY, YOU KNOW, THE CASE REPORT WAS WRITTEN TO SAY THAT ONLY THREE UNITS CAN GO HERE, AND YET WE'RE HEARING, UH, MR. MANNING SAY THAT HE'S PLANNING TO DEVELOP A FOURPLEX. WHY, WHY, WHY, WHY IS THERE THAT KIND OF DISCREPANCY? THAT'S A MAJOR DISCREPANCY. THAT, UH, THAT NUMBER IN THERE THAT WOULD'VE BEEN, UH, CALCULATED. UM, IT WOULD'VE BEEN SORT OF, IT WOULD'VE BEEN BASED OFF OF A ROUGH ESTIMATE OF WHAT THE LOT SIZE IS, WHAT THE DIMENSIONS ARE. UM, AND I'LL SAY THAT IT SHOULD HAVE BEEN DOUBLE CHECKED, AND I APOLOGIZE IF THERE'S THAT DISCREPANCY THERE. BUT WHAT YOU'RE SAYING THOUGH IS, IS THAT REALLY NO MORE THAN THREE UNITS SHOULD BE BUILT HERE. AND SO RIGHT THERE, I MEAN THE, THE APPLICANT'S ASKING FOR WAY MORE THAN WHAT, UH, 25% MORE THAN WHAT YOU'RE SAYING REASONABLY COULD BE BUILT HERE. I WOULDN'T CHARACTERIZE IT AS SAYING THAT IT SHOULD OR SHOULD NOT BE MORE THAN THREE. IT WAS BASED ON A CALCULATION THAT I MADE THAT, UH, MAY HAVE BEEN ERRONEOUS. UM, BUT I WOULDN'T SAY, I WOULDN'T CHARACTERIZE IT AS SAYING IT SHOULD ONLY BE THREE OR SHOULD BE FOUR. UH, COULD WE, UH, CLARIFY THE PARKING SITUATION? I MEAN, UM, UH, WHAT, WHAT IS THE ON STREET PARK, UH, OFF STREET PARKING, UH, PROVISIONS THAT, UH, MR. MANNING IS PROPOSING WITH THIS, WITH THIS, UH, FOR A MULTI-FAMILY DEVELOPMENT, IT IS ONE SPACE PER BEDROOM WITH A MINIMUM OF ONE SPACE PER DWELLING UNIT. SO IF THIS WAS ALL, IF IT'S FOUR DWELLING UNITS, EACH, UH, ONE BEDROOM, THEN YOU WOULD HAVE FOUR PARKING SPACES. ADDITIONALLY, THERE'S A REQUIREMENT OF ONE QUARTER SPACE PER DWELLING UNIT THAT MUST BE PROVIDED FOR GUEST PARKING. IF THE REQUIRED PARKING IS RESTRICTED TO RESIDENT PARKING ONLY. UH, SO IF YOU HAVE FOUR PARKING SPACES ON THE SITE FOR FOUR ONE BEDROOM DWELLING UNITS, AND IF THOSE UNIT, IF THOSE SPACES ARE RESERVED FOR RESIDENCE, THEN YOU WOULD NEED AN ADDITIONAL PARKING SPACE FOR GUESTS, UM, IN TOTAL FROM THAT QUARTER REQUIREMENT. UM, IF THEY WEREN'T RESTRICTED TO, UH, RESIDENCE ONLY, THEN YOU WOULD BE ABLE TO DO, UH, JUST FOR PARKING SPACES. UH, I SUSPECT THAT THE, I WOULD THINK THAT THE DEVELOPMENT WOULD PROBABLY WANT TO DO IT, UM, WOULD WANT TO RESTRICT IT TO RESIDENT PARKING, UH, JUST BECAUSE THERE ISN'T REALLY GUEST PARKING AVAILABLE ALONG FOREST LANE SPACES. CORRECT. IF YOU WERE TO HAVE, YEAH, IF IT WAS FOUR, FOUR UNITS, ONE BEDROOM EACH, IT WOULD BE FOUR PARKING SPACES. UM, AND THEN ONE MORE FOR GUEST PARKING. SO FIVE, UH, YES. THERE, THERE ARE THREE, UH, ONE BEDROOM UNITS. AND THEN THE UNIT THAT'S BLOCK FACING THAT I WILL LIVE IN, THAT HAS A TWO CAR GARAGE. [04:25:01] SO IT'S, IT'S A, IT'S, IT'S A TWO BEDROOM THERE, SO THAT'S WHY IT HAS THAT SIX. IN OTHER WORDS, THAT ARE, WOULD BE NEEDED, YOU WOULD NEED SIX AGAIN, IF THE, IF THE PARKING IS RESTRICTED TO RESIDENT PARKING ONLY. NOW, IN, IN TERMS OF HOW THAT'S, UH, HOW IT'S DONE OF A RESTRICTION FOR RESIDENT PARKING ONLY VERSUS, UH, I GUESS YOU COULD SAY PUBLIC PARKING OR PARKING AND GUESTS, UH, I DON'T KNOW IF ANY OF MY COLLEAGUES ON, UH, COLLEAGUES HERE MIGHT HAVE SOME INSIGHT INTO HOW THAT IS DONE. IF IT'S RESIDENT PARKING VERSUS NON-RESIDENT PARKING. MR. COMPLAINTS, IF THEY'RE ALL GARAGES, PROVIDE GUEST PARKING. THANK YOU. SO IF IT'S ALL GARAGES, IT WOULD'VE TO BE, THEY WOULD'VE TO BE GUEST PARKING PROVIDED. SO IF YOU HAD FOUR GARAGE SPACES OR FIVE GARAGE SPACES, THAT'S CONSIDERED, UH, RESIDENTIAL ONLY. UH, SO THAT WOULD REQUIRE, UM, YES. SIX PARKING SPACES TOTAL. AGAIN, WE'RE TALKING ABOUT A 7,300 SQUARE FOOT LOT. CORRECT. THANK YOU. AND I HAVE THE SIX, COMMISSIONER CARPENTER. COMMISSIONER CARPENTER. I JUST WANTED TO CLARIFY WITH STAFF THAT THIS WOULD HAVE TO GO FULLY THROUGH PERMITTING TO BE ABLE TO DETERMINE EXACTLY HOW MANY UNITS ARE, WOULD BE BUILT HERE. THAT IS CORRECT. SO THROUGH, UH, AFTER THE REZONING, UM, IF IT WAS TO REMAIN AS A SINGLE LOT AND YOU BUILD THE DWELLING UNITS ON THAT AT PERMITTING, THERE WILL PROBABLY HAVE TO BE SOME BACK AND FORTH WHERE A PLAN IS PRESENTED. AND PERMITTING STAFF IS GOING TO EVALUATE IT BASED ON THE, THE ZONING THAT'S IN PLACE, UH, THAT'LL FACTOR IN YOUR SETBACKS, YOUR HEIGHT LIMITS AND WHATNOT, AS WELL AS YOUR PROVISIONING FOR PARKING. UM, AND SO THROUGH THAT, IF FOR SOME REASON, IF THE INITIAL PLAN PRESENTED IS UNTENABLE BASED ON THOSE DIMENSIONS, UM, IT WOULD REQUIRE SOME REWORK THERE. BUT THERE ARE SOME FACTORS HERE THAT ARE NON-NEGOTIABLE. THE, THE HEIGHT LIMITATION IMPOSED BY RESIDENTIAL PROXIMITY SLOPE IS NOT NEGOTIABLE IN, IN STRAIGHT ZONING. THAT'S CORRECT. NOR NOR IS THE FRONT YARD SET BACK THAT'S DICTATED BY BLOCK FACE CONTINUITY OR THE OTHER REQUIRED SETBACKS? THAT IS CORRECT. AS A GENERAL ZONING CHANGE IS THE BASE ZONING CODE. UM, AS SUCH, THE, THE HEIGHT LIMIT THAT'S IMPOSED UPON THIS BY RPS, SO THAT'S YOUR RESIDENTIAL PROXIMITY SLOPE. UH, THAT'S NOT, IT ISN'T NEGOTIABLE. IT'S SIMPLY PART OF THE BASE ZONING CODE. AND LIKEWISE, YOUR BLOCK FACE CONTINUITY PART OF THE BASE ZONING CODE, IT WOULD IMPOSE THAT 25 FOOT FRONT YARD SETBACK. THANK YOU. COMMISSIONER, UH, HALL FILED THAT COMMISSIONER WEER MR. BAY, UM, THERE WAS, THERE'S NO PARKING ON FOREST LANE, CORRECT? CORRECT. OKAY. UM, THIS IS, UH, R 7.5. I THINK I I HEARD 7,300 SQUARE FEET. YES. THEREABOUTS. WHAT, WHAT SIZE SINGLE FAMILY HOME COULD YOU BUILD ON THAT SITE? UH, SINGLE FAMILY HOME. SO THE 7,500 SQUARE FEET, IT'S A 45% LOT COVERAGE MAXIMUM. SO LEMME JUST RUN A QUICK CALCULATION HERE. THAT'S 32. SO 45% IS 3,200 SQUARE FEET. UM, THAT WOULD NEED TO BE CONTAINED WITHIN THE LIMITS OF 30 FEET IN HEIGHT AND WITH YOUR, UH, FRONT AND SIDE AND REAR YARD SETBACKS. UM, I'D HAVE TO PUT THAT IN A LITTLE MORE TO SEE WHAT THAT WOULD COME OUT TO. BUT IN TERMS OF LAW COVERAGE, THAT'S FINE. ROUGHLY, UH, HOW MANY STORIES? UH, STORIES? IT COULD BE TWO STORIES. UH, IT'S A 30 FOOT HEIGHT LIMIT, SO IT JUST KIND OF DEPENDS ON HOW YOU DESIGN YOUR STORIES. BUT IT COULD BE TWO STORIES AND EACH STORY COULD BE 3000 SQUARE FEET OR SOMETHING, OR, UM, YEAH. YES, BECAUSE YOUR LAW COVER, THERE'S NO FAR, UM, FLOOR AREA RATIO THAT'S IMPOSED IN R SEVEN OR IN ANY OF THE R DISTRICTS. UH, SO YOU CAN, UH, MAX OUT, UH, YOU CAN MAX OUT THE USABLE FLOOR AREA THAT WAY. SO IN THEORY, YOU COULD BUILD A 6,000 SQUARE FOOT HOME, UH, ROUGHLY, I WOULD SAY THEORETICALLY, POSSIBLY. UM, IT'D BE HARD TO SAY. I'D HAVE TO JUST KIND OF SIT DOWN AND DO SOME MORE MATH THAN, UH, PERHAPS TIME ALLOWS RIGHT NOW, BUT, UH, YOU COULD BUILD A SUBSTANTIALLY SIZED HOUSE. YES. OKAY. THANK YOU. COMMISSIONER WHEELER, WHAT ALL USES, UH, WHAT ALL USES CAN BE IN EMAIL FOR ONE? UH, THE PRIMARY USES IN MF ONE ARE GOING TO BE MULTIFAMILY, SINGLE FAMILY, AND DUPLEX, UH, FOR RESIDENTIAL, I THINK THERE ARE SOME OTHER USES THAT ARE ALLOWED BY, RIGHT? I CAN PULL THAT UP. I THINK IT'S TYPICALLY YOUR, UH, FRATERNITY SORORITY HOUSE IS ONE THAT IS TECHNICALLY ALLOWED, BUT THAT'S, OR WHAT DO THEY CALL IT? SO A REPLAY FOR TOWNHOMES, A TOWNHOMES BUILDING COULDN'T BE INCLUDED, OR COULD [04:30:01] IT BE A RELA TO BUILD TOWNHOUSE, TOWNHOUSE BLAH TOWNHOUSES? UH, YES. IF IT WAS REZONED TO MF ONE, THE LOT COULD BE, UH, RE PLATTED INTO MULTIPLE INDIVIDUAL LOTS. UM, I BELIEVE THE MINIMUM SQUARE FOOTAGE FOR SINGLE FAMILY HOME IS 3000 SQUARE FEET, UM, IN MF ONE. SO WITH A LOT THIS SIZE, YOU COULD GET, UH, TWO SINGLE FAMILY HOUSES. OKAY. I JUST WANNA KNOW. ALRIGHT, ANY OTHER QUESTIONS FOR STAFF COMMISSIONER? SEEING NONE, COMMISSIONER HOUSE? I, DO YOU HAVE A MOTION? YES. THANK YOU, MR. CHAIR. UM, IN THE MATTER OF Z 2 34 DASH 3 31, I MOVE THAT WE NOT FOLLOW STAFF RECOMMENDATION, BUT DENY THIS CASE, UH, WITHOUT PREJUDICE. AND I HAVE A COUPLE REMARKS IF I GET A SECOND. YOU DO HAVE A SECOND. THANK YOU. COMMISSIONER CARPENTER FOR YOUR SECOND COMMENTS. COMMISSIONER HOUSEWRIGHT. UH, THANK YOU. UM, I WANNA THANK THE COMMISSIONERS FOR ALLOWING ME TO HOLD THIS CASE FOR A MONTH SO THAT WE COULD DO A, A COMMUNITY MEETING ON THE 20TH OF FEBRUARY. UH, I WANNA THANK THE APPLICANT FOR, UH, ATTENDING THAT MEETING AND, UH, ESPECIALLY THE NEIGHBORS FOR TURNING OUT, UH, IN, UH, LARGE NUMBERS FOR THAT MEETING. UM, WHEN THIS CASE, UH, CAME TO MY ATTENTION, I, I DID HAVE SOME CONCERNS ABOUT IT. UM, I DRIVE THIS STRETCH OF FOREST LANE EVERY DAY, TWICE A DAY ON THE WAY DOWNTOWN AND ON THE WAY HOME. AND I'M QUITE FAMILIAR WITH THIS FRONTAGE OF, OF HAMILTON PARK AND THIS SECTION OF, OF FOREST LANE. I DID HAVE CONCERNS ABOUT IT. AND, UH, THOSE, THOSE CONCERNS, UH, WERE, UM, VALIDATED AT THE COMMUNITY MEETING. IT WAS QUITE CLEAR THAT, UH, THE, UH, COMMUNITY OF HAMILTON PARK, UH, OPPOSED THE CASE AS THEY'VE OPPOSED TODAY IN, IN THIS CHAMBER, AND, UH, EXPRESSED THE SAME CONCERNS THAT THEY EXPRESSED TO US TODAY. SO, UH, I WANNA RESPECT THOSE CONCERNS. UH, I DO WANNA THANK MR. MANNING FOR HIS THOUGHTFULNESS ABOUT, UH, HOUSING CHOICE AND HOUSING AFFORDABILITY. I THINK ALL OF US HERE SUPPORT THAT, BUT THIS PARTICULAR REZONING OF SINGLE FAMILY LAND TO MULTIFAMILY LAND JUST, UH, DOESN'T PASS THE TEST, AT LEAST IN, IN MY BOOK. UM, I, UH, UM, WANNA THANK, UH, OUR NEIGHBORS AND FRIENDS FOR COMING DOWN TODAY AND INVESTING TIME IN OUR PROCESS. UH, WE'RE, WE'RE GRATEFUL FOR YOUR ENGAGEMENT AND, UH, ENCOURAGE YOU TO CONTINUE TO DO THAT ON BEHALF OF HAMILTON PARK. UH, I, I THINK I CAN SPEAK FOR, UH, COUNCILWOMAN STEWART AS WELL AS MYSELF, THAT WE LOOK FORWARD TO ENGAGING WITH YOU ALL IN THE FUTURE AS, UH, YOU THINK ABOUT HOW TO MAINTAIN A VIBRANT COMMUNITY TODAY AND IN THE FUTURE, UH, FOR ANOTHER 70 YEARS. UH, CONGRATULATIONS ON THAT, THAT MILESTONE. UM, SO, UM, THANK YOU ALL FOR YOUR ATTENTION TO THIS CASE TODAY, AND I HOPE MY FELLOW COMMISSIONERS WILL SUPPORT MY MOTION. THANK YOU, COMMISSIONER. ER, I WILL COURT YOUR MOTION. UM, MY SECOND JOB WAS AT MR. BLUE'S, UM, RECORD SHOP WHERE THE, WHERE NOW IT'S THE, I WANNA SAY THE POST OFFICE. MY DAD GOT ME THAT SECOND JOB. I WALKED, I WALKED TO MEDICAL CITY AND ATE THE FOOD HAS ALWAYS BEEN GOOD. UM, BUT I, I, I CAN OFTEN BE BLINDED BY JUST, UM, OR SHUT INTO SOUTH DALLAS PROBLEMS. AND SO WHEN I, LAST SEMESTER, I REMEMBER SENDING RANDALL BRYANT, WHO IS A NATIVE OF HAMILTON PARK, UM, LIVE DOCUMENTS THAT WERE ORIGINAL SIGNATURES OF HOW HAMILTON PARK STARTED. UM, THERE WERE, THEY'RE IN THE UNT LIBRARY. WE HAD TO WEAR GLOVES, AND I KNEW HE WAS FROM THERE AND HAS BEEN A GREAT ALLY OF SOUTH DALLAS. AND TO JUST SEE WHY IT WAS STARTED AND HOW IT WAS STARTED, IT WAS A ANSWER TO TWO THINGS. THE BUMMING IN SOUTH DALLAS ARE BLACK HOMEOWNERS AND THE, THE DEMOLITION OF HOMEOWNERS TO BUILD THE LOVE FIELD. AND SO THIS COMMUNITY WAS BUILT FOR PEOPLE OF COLOR. I HAD NO KNOWLEDGE OF THAT. I KNEW ABOUT HAMILTON PARK AND ARLINGTON PARK AND 'CAUSE I WAS A LITTLE WILD TEENAGER WHO WAS A LITTLE BIT OF EVERYWHERE AND, BUT I NEVER KNEW THE HISTORY. BUT WHEN I LOOKED AT IT WAS JUST SO I, IT WAS SOME WRITTEN ON NOTEBOOK PAPER. AND SOME OF THE LEADERS WHO USED TO HAVE PICTURES AT THE FRONT OF CITY HALL WENT AND FOUND, THEY LOOKED FOR PROPERTY IN THIS AREA, AND THEY CHOSE TWO SITES AND THEY, THEY SETTLED ON WHERE HAMILTON PARK IS AT NOW AND GETTING TO SEE THAT HISTORY. NEVER THOUGHT I'D BE ABLE TO USE IT HERE LAST SEMESTER. SO WHILE I WAS IN THE PHONE, IT MIGHT LOOK LIKE I WASN'T LISTENING. I LITERALLY WAS GOING BACK LOOKING AT THOSE DOCUMENTS THAT I SENT TO RANDALL, SAYING, LOOK AT HERE. AND THEN TO SEE PEARL C ANDERSON END UP SIGNING ON. AND THESE PEOPLE HELPED START THE INTERRACIAL CIVIC LEAGUE THAT HELPED GUIDE SOME OF THESE NEIGHBORHOODS THAT WE HAVE TODAY. SO TO BE ABLE TO SEE THOSE DOCUMENTS REAL LIVE AND [04:35:01] SEE WHAT THIS AREA WAS CHOSE FOR DURING THE TIME THAT A LOT OF WHITE FLIGHT WAS GOING ON AND THE BUILDING, AND TO SEE THE ORIGINAL AREA OF DIRT THAT WAS JUST THE WHOLE NORTH DALLAS, IT HAD NOT BEEN POPULATED. SO AS PEOPLE WERE BUILDING NICE HOMES, THEY HAD TO FIND A PIECE OF LAND FOR US. AND IT WOULDN'T JUST, IT DIDN'T JUST SAY, I, I USED NEGRO EARLIER BECAUSE THAT'S WHAT THE DOCUMENT SAID, BUT IT WAS FOR HISPANICS AND EVEN POOR WHITES WHO NEEDED A CHANCE OF HOME OWNERSHIP AND RENTAL INSTEAD OF RENTAL ALSO. SO I, I 100% SUPPORT. WE DO NEED AFFORDABLE HOUSING IN OUR CORRIDORS AND, AND, AND DENSITY IN OUR CORRIDORS. I'M ONE OF THOSE WHO SPOKE TO THAT. BUT WE ALSO HAVE TO FIND, BECAUSE EVEN THOUGH THIS HITS ON FOREST LANE, IT IS A PART, THE SHOPPING CENTER WAS BUILT FOR HAMILTON PARK. IT WAS A PART OF THE PROJECT. SO IT DOESN'T GET, IT IS NOT LEFT OUT. BUT THANK YOU. AND, AND ME SEEING THOSE DOCUMENTS ARE NOT A HISTORIC, THE HISTORIC AND IS, IS, IS IS HERBERT, HE'S GONNA GET ON HER AND, AND TELL US A BUNCH OF STORIES THAT I KNOW, BUT I ACTUALLY GOT TO SEE THESE DOCUMENTS IN A BOX. USED GLOVES, AND THEY'RE AT UNT. DENTON. COMMISSIONER HERBERT, WE'RE READY FOR YOU, SIR. , SHE'S TEEING YOU UP. . THANK YOU GUYS. UM, YOU GUYS KNOW HOW PASSIONATE I AM ABOUT THESE THINGS. UM, I'LL, I'LL TRY TO READ SO I WON'T BE SO EMOTIONAL. BUT AS A COMMISSIONER, I HAVE THE PRIVILEGE AND RESPONSIBILITY TO PROTECT THE VALUE IN COMMUNITIES THAT DEFINE OUR CITY. DOING FAR DALLAS, I PROMISE AS MUCH TO A LOT OF OUR CITIZENS TODAY, I STAND FIRMLY IN SUPPORT OF THE MOTION REZONING IN THE MIDDLE OF THIS BLOCK IN HAMILTON PARK, IN MY VIEW, THREATENS NOT JUST THE DESIGN STANDARDS, BUT THE HEART OF THE NEIGHBORHOOD. BUILT ON HISTORY IS RESILIENCE AND EQUITY. HAMILTON PARK WAS ESTABLISHED TO PROVIDE A HAVEN FOR THOSE EXCLUDED FROM HOME OWNERSHIP FOR DECADES. IN DALLAS, ITS DESIGN STANDARDS ARE MORE THAN ARCHITECTURAL GUIDELINES. THEY ARE A FRAMEWORK THAT PROTECTS THE COMMUNITY'S IDENTITY AND ENSURES THAT ITS PURPOSE ENDURES CHANGING. THE ZONING IN THIS BLOCK, RISKS OPENING THE DOOR TO A BROADER TRANSFORMATION THAT COULD DISPLACE HUNDREDS OF FAMILIES FOR GENERATIONS TO COME. THE LEGACY OF DR. HAMILTON IS DEEPLY TIED TO THIS COMMUNITY. HIS TIRELESS EFFORT BROUGHT ABOUT CHANGE, CREATING OPPORTUNITY, BREAKING BARRIERS, AND ADVANCING POLICIES THAT PROVIDED FUNDING FOR BLACK STUDENTS SEEKING EDUCATION. DR. HAMILTON WORKED AS A SURGEON IN A BUILDING DESIGNED BY SIDNEY PITTMAN IN DEVELOPMENT, A BLACK ARCHITECT, WHICH NOW STANDS AS A BOUTIQUE HOTEL OUT OF REACH FOR MANY. HE RETIRED AT MORELAND YMCA, THAT HE HELPED FINANCE NOW HOME TO DALLAS BLACK BAND'S THEATER. YET EVEN THIS HISTORIC SPACE IS SURROUNDED BY LUXURY HOUSING THAT HAS PRICED OUT THE VERY COMMUNITIES HE SERVED. AS A COMMISSIONER, WE MUST ASK OURSELVES, OR WE HONOR HONORING THE LEGACIES OF LEADERS LIKE DR. HAMILTON BY ALLOWING CHANGES THAT UNDERMINE THE COMMUNITIES THEY BUILT AND FOUGHT FOR. HAMILTON PARK IS NOT JUST A NEIGHBORHOOD, IT IS A TESTAMENT TO THE PERSEVERANCE OF FAMILIES WHO FOUND A PLACE TO DWELL, TO BELONG, AND TO ADVANCE TO REZONE. EVEN A PORTION OF THIS BLOCK IS TO JEOPARDIZE A STABLE AND VIBRANT COMMUNITY. IT SETS A PRECEDENT FOR ERASING DECADES OF PROGRESS AND DISMANTLING THE VERY NEIGHBORHOODS THAT HAVE GIVEN SO MUCH TO OUR CITY. I CANNOT, I, I ONCE AGAIN, SUPPORT THE MOTION BECAUSE THIS WILL DEEPLY IMPACT ONE OF DALLAS'S STRONGEST AND MOST, MOST ESSENTIAL NEIGHBORHOODS. IT IS OUR RESPONSIBILITY TO SAFEGUARD THE HERITAGE AND FUTURE OF COMMUNITIES LIKE HAMILTON PARK. THIS IS NOT MERELY A ZONING ISSUE. IT IS A MATTER OF EQUITY, HISTORY AND HUMANITY FOR THESE REGION REASONS. I RESPECT, UM, COMMISSIONER TIP, UM, DECISION AND WILL, UM, SUPPORT HIS MOTION. THANK YOU. THANK YOU, VICE CHAIR RUBEN. YEAH. UM, I AM ALSO GOING TO SUPPORT THE MOTION HERE. UM, I GREW UP ON THE OTHER SIDE OF CENTRAL EXPRESSWAY, AND MY PARENTS ALWAYS INSTILLED IN ME, UM, WHAT HAMILTON PARK REPRESENTED TO THE CITY OF DALLAS AND OUR COMMUNITY. UM, AND I, I REALLY RESPECT THAT HERE. UM, THIS CASE TO ME, ULTIMATELY DOESN'T SEEM LIKE THE RIGHT BALANCE HAS BEEN STRUCK HERE. IT FEELS MUCH CLOSER AFTER SEEING THE RENDERINGS AND ALL THAT TO WHAT HAPPENED IN ELM THICKET BEFORE THE ZONING CHANGES WERE IMPLEMENTED AS OPPOSED TO WHAT WE'RE TRYING TO ACHIEVE HERE THROUGH FOR DALLAS. I, I HEAR LOUD AND CLEAR, UM, FROM THE HAMILTON PARK RESIDENCE THAT THEY ARE NOT OPPOSED TO SEEING SOME INCREMENTAL CHANGES IN THEIR NEIGHBORHOOD, [04:40:01] BUT THAT THESE PROPOSED CHANGES ARE, UM, SIMPLY ONE STEP OR SEVERAL STEPS FURTHER THAN WHAT THEY FEEL LIKE THEY CAN ACCOMMODATE. AND WHAT I THINK WE SHOULD ASK THIS NEIGHBORHOOD TO ACCOMMODATE, I THINK THERE ARE SOME VERY CHALLENGING QUESTIONS THAT HAMILTON FART IS FACING NOW, AND WE'LL CONTINUE TO FACE IN THE FUTURE ABOUT HOW, UM, IT'S ESSENTIAL NATURE CAN, UM, BE PRESERVED, WHETHER IT'S THROUGH A NEIGHBORHOOD STABILIZATION OVERLAY, WHICH I KNOW WE'RE TRYING TO ENHANCE. AND WE'VE, WE'VE, UM, PROPOSED THAT IN FORWARD DALLAS. UM, YOU KNOW, THIS, THIS, THE, THE PROPERTIES ON FOREST LAND, I THINK DO PRESENT CHALLENGING QUESTIONS GIVEN THAT IT'S, IT'S A SIX LANE ROAD. UM, AND THERE MAY BE, IN MY VIEW, A ROOM FOR SOME REASONABLE DENSITY HERE. BUT I DON'T THINK, UM, THAT, THAT THE NEEDLE'S REALLY BEEN THREADED WITH THIS APPLICATION. BUT I HOPE THE HAMILTON PARK RESIDENTS WILL WORK WITH THE CITY TO FIND, UM, A GOOD PATH FORWARD. UM, THE OTHER THING THAT I WANNA ADDRESS HERE IS JUST THE, THE PROCESS OF HOW WE DO OUR WORK HERE AROUND THE COMMISSION, BECAUSE I THINK THIS CASE IS REALLY SORT OF ILLUSTRATIVE OF HOW WE ARE MAYBE NOT MAKING THE BEST USE OF OUR TIME AND REQUIRING, YOU KNOW, CITIZENS WHO ARE VERY PASSIONATE ABOUT ZONING MATTERS TO SIT THROUGH MUCH MORE, UM, THAN WHAT, WHAT MAY BE NECESSARY. UM, WE HAVE THIS PRACTICE OF HOLDING OUR MOTIONS UNTIL ALL OF OUR, WE'VE GOTTEN ALL THE PUBLIC INPUT, WE'VE ASKED QUESTIONS FOR STAFF, WE'VE ASKED QUESTIONS FOR THE APPLICANT, WE'VE ASKED QUESTIONS FOR THE, A OPPOSITION. AND IT SEEMS TO ME THAT, THAT THIS PLAN COMMISSION HAS COALESCED AROUND, AND, AND I MAY BE WRONG, BUT THE POSITION OF, OF DENYING THIS APPLICATION FOR SOME VERY BASIC, YOU KNOW, FUNDAMENTAL CHALLENGES THAT THIS FACES YET, YOU KNOW, WE SPENT A GOOD 30, 40 MINUTES ASKING QUESTIONS IN THE MOST, YOU KNOW, GREAT AMOUNT OF DETAIL ASKING FOR CALCULATIONS OF PARKING AND, YOU KNOW, SQUARE FOOTAGE OF DEVELOPMENT, WHICH I THINK ARE, ARE VERY VALID QUESTIONS IF WE HAVE A ZONING CASE THAT IT'S GONNA COME DOWN TO THOSE NITTY GRITTY DETAILS. BUT I THINK IF WE MOVE OUR MOTIONS UP IN THESE MEETINGS TO RIGHT AFTER WE GET THE PUBLIC INPUT, SO IT'S NOT LIKE THE COMMISSIONER FROM THE DISTRICT IS HOLDING THEIR CARD UNTIL THE VERY END WITH A SURPRISE WITH THE MOTION. I THINK WE MAY HAVE BEEN ABLE TO DISPOSE OF THIS CASE MUCH MORE EFFICIENTLY. SEND, YOU KNOW, GIVE THE, THE PEOPLE FROM HAMILTON PARK THE APPLICANT, THE OPPOSITION, YOU KNOW, THE ABILITY TO GET BACK HOME AND BACK TO THEIR LIVES AND GET TO THE REST OF MY WORK. SO I HOPE OR GET THE REST OF OUR WORK. SO I HOPE WE TAKE A LOOK AT HOW WE DO THIS, BECAUSE I THINK THIS CASE REALLY ILLUSTRATES THAT OUR PROCESSES AREN'T IDEAL FOR, FOR, UM, EFFICIENTLY RESOLVING CASES. AND WE, WE, WE CAN, I THINK WE CAN REACH THE SAME RESULT WITH THE SAME QUALITY WORK PRODUCT AROUND THIS HORSESHOE BY ATTACKING THINGS IN A DIFFERENT WAY. COMMISSIONER FORSYTH, THANK YOU. I, I SUPPORT, UH, COMMISSIONER HOUSE RIGHTS MOTION. AND I FEEL THAT IT'S IMPORTANT TO READ INTO THE RECORD. YOU KNOW, THE WORDING THAT'S IN THE COMMUNITY RESIDENTIAL PLACE TYPE OF THE FORD DALLAS PLAN THAT WAS PASSED BY THE CITY COUNCIL, INCOMPATIBLE REZONING OF INDIVIDUAL SINGLE FAMILY LOTS, ESPECIALLY MID-BLOCK IS GENERALLY DISCOURAGED. FURTHER DOWN IT SAYS, TEARING DOWN EXISTING HOUSING FOR REPLACEMENT AND INCOMPATIBLE INFILL IS NOT ENCOURAGED BY THIS PLAN. THANK YOU FOR THE OPPORTUNITY TO READ THAT INTO THE RECORD. THANK YOU. COMMISSIONER FORSYTH. COMMISSIONER HALL? YES. UH, I SUPPORT COMMISSIONER HOUSE WRIGHT'S MOTION. I, I THINK THIS IS A REALLY TOUGH CASE. UH, TECHNICALLY IT, IT'S VERY CHALLENGING BECAUSE WE'RE, WE'RE LOOKING AT A, A MA, UH, A LOT LOCATED ON A MAJOR ARTERIAL, UH, NEAR, UH, CENTRAL EXPRESSWAY AND LBJ ACROSS THE STREET FROM A TRANSIT STATION, UH, VERY CLOSE TO A POST OFFICE AND OTHER RETAIL. SO YOU MIGHT THINK THIS WOULD BE A GOOD PLACE. BUT I DO FEEL HAD THIS BEEN ON THE CORNER OF SCHROEDER AND, UH, FORCE LANE, IT MIGHT'VE BEEN A SLIGHTLY DIFFERENT CASE. MAYBE A SLIGHTLY DIFFERENT DISCUSSION, BUT GIVEN ITS LOCATION, I, I THINK THE MOTION IS THE RIGHT ONE TODAY. THANK YOU. UH, THANK YOU COMMISSIONER KINGSTON. I'LL FOLLOW YOU. I'M GONNA BE BRIEF SINCE MY VOICE IS GOING. UM, I DON'T THINK THIS IS A HARD CASE. I THINK WHEN PEOPLE COME ASK US TO UP ZONE HAMILTON PARK, THAT'S AN EASY NO, [04:45:02] FAIR ENOUGH. UH, JUST, I WILL ALSO BE SUPPORTING THE MOTION FOR ALL THE, THE REASONS AS STATED BY MY COLLEAGUES. AND I THINK, UH, FORGET WHO IT WAS, UH, HAD THE, UH, YOU KNOW, THE ELM THICKET MEMORY THAT CAME BY AND, YOU KNOW, IT'S STILL FRESH, ALTHOUGH IT SEEMS LIKE IT'S BEEN A LONG TIME AGO. IT'S STILL FRESH, AND IT SEEMS LIKE WE'RE JUST AT THE PRECIPICE OF THAT TO YOUR DENIED. SO, UH, FULLY SUPPORT THE MOTION, UH, TO NOT SET THAT IN MOTION AGAIN IN THIS PART OF TOWN. UH, COMMISSIONER CARPENTER, DO YOU HAVE A COMMENT, PLEASE? UH, BRIEFLY. I, I SECONDED THE MOTION. I'M DEFINITELY IN SUPPORT OF IT. YOU KNOW, I REPRESENT, UH, DISTRICT SIX, UH, LARGE PART OF WHICH IS WEST DALLAS. I'M VERY FAMILIAR WITH THE FACT THAT, YOU KNOW, UM, HISTORICALLY IN DALLAS, UM, AFFORDABLE OWNERSHIP HOUSING FOR COMMUNITIES OF COLOR HAVE BEEN EXTREMELY DIFFICULT TO ESTABLISH. AND UNFORTUNATELY, THESE ARE THE, THE FACT THAT THEY ARE MORE AFFORDABLE IS MAKING THEM ATTRACTIVE TO DEVELOPERS. AND I HAVE SEEN IN WEST DALLAS WHAT HAPPENS WHEN, UM, UPZONING STARTS TAKING PLACE AND THE RAPID GENTRIFICATION AND DISPLACEMENT THAT FOLLOWS. SO, UM, I'M VERY MUCH IN SUPPORT OF, UH, OF, UH, THIS MOTION AND THE GENERAL PRINCIPLE OF PRESERVING HAMILTON PARK. YES, SIR. COMMISSIONER FRANKLIN. UH, YES. AT THE RISK OF PUTTING A HAT ON A HAT, I WILL JUST, UM, LIKE TO SAY, I, I WILL SUPPORT THIS MOTION, UH, BECAUSE IN MY DAY JOB, I RELY ON PRECEDENTS AND I THINK BY UPZONING IN THE MIDDLE OF THE STREET WAS SET A PRECEDENT GOING FORWARD AND FOR ADDITIONAL DEVELOPERS TO COME BACK TO US AND SAY, HEY, YOU ALLOWED THIS. WHY NOT HERE? UH, THE, THE LINE THAT'S BEEN SET AT FOREST STREET, I THINK THAT'S AN ARTIFICIAL LINE, WAS HAMILTON PARK, IS HAMILTON PARK, AND, UM, AND IT WOULD HAVE SET A PRECEDENT OF ADDITIONAL DEVELOPERS COMING IN AND WANTING TO DO THE SAME THING. SO FOR THAT REASON, I SUPPORT THIS MOTION. YEAH. MR. CHAIRMAN, I DO WANNA HOP IN AND, AND FOLLOW UP ON THAT. UM, COMMISSIONER FRANKLIN, UM, LIKE YOU, I'M AN ATTORNEY, AND YOU KNOW, FROM THE MOMENT I I GOT HERE, THIS BODY HAS ALWAYS BEEN FIRM IN SAYING THAT ONE ZONING CASE NEVER SETS PRECEDENT FOR ANOTHER ZONING CASE. SO I JUST, YOU KNOW, I HEAR YOUR CONCERN LOUD AND CLEAR ABOUT NOT WANTING TO SET A PRECEDENT. AND I AGREE WITH THAT COMPLETELY. AND JUST FROM MY EXPERIENCE IN ALMOST SIX YEARS ON THIS BODY, IT IS MY UNDERSTANDING THAT, THAT WE ARE NOT IN THE BUSINESS OF SETTING PRECEDENT. AND WE CAN DO ONE THING ON ONE ZONING CASE, THEN COME BACK THE NEXT DAY AND DO SOMETHING COMPLETELY DIFFERENT. AND NONE OF US SHOULD HAVE THE EXPECTATION OF WHAT WE DO ON ONE CASE. WE'LL SET PRECEDENT FOR THE NEXT. SO JUST WANTED TO MAKE SURE THAT GOT ON THE RECORD. ANY OTHER COMMENTS, COMMISSIONER? SEEING NONE. WE HAVE A MOTION BY COMMISSIONER HOUSE, RIGHT, AND SECOND BY COMMISSIONER CARPENTER TO NOT FILE STAFF RECOMMENDATION, BUT RATHER DENY THE APPLICATION WITHOUT PREJUDICE. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. ANY OPPOSED? AYES HAVE IT. UH, LET'S KEEP GOING. UH, [17. 25-870A An application for an amendment to Planned Development District No. 655, on the southwest corner of Potters House Way and Truth Drive.] LET THE RECORD FOR EFFECT THAT COMMISSIONER HERBERT HAS A CONFLICT, THE NUMBER 17 AND IS LOGGING OFF FOR THE MOMENT. THANK YOU ALL FOR JOINING US TODAY. OKAY. UM, ITEM NUMBER 17 Z 2 45 DASH 1 48. AND APPLICATION FOR AMENDMENT TO A PLAN DEVELOPMENT DISTRICT NUMBER 6 55 ON THE SOUTHWEST CORNER OF POTTER HOUSE WAY AND TRUTH DRIVE STAFF RECOMMENDATION APPROVAL SUBJECT TO AN AMENDED CONCEPTUAL PLAN. THANK YOU VERY MUCH. IS THE APPLICANT HERE ON THIS CASE? YES, SIR. [04:50:15] GOOD AFTERNOON. CLARA VE WITH JOHNSON VOL CONSULTING, 7 0 4 CENTRAL PARKWAY EAST SUITE 1200, PLANO, TEXAS 7 5 0 7 4. UM, REALLY THIS, UH, PROPOSED, UH, ZONING AMENDMENT IS PRETTY MUCH A CLEANUP. UH, IT, IT WAS KIND OF DESCRIBED THROUGH, UH, THE BRIEFING. UH, I'M REALLY, I DON'T HAVE ANY ADDITIONAL PRESENTATIONS, BUT I'M HERE FOR ANY QUESTIONS. THANK YOU SO MUCH. IS THERE ANYONE ELSE THAT WOULD LIKE TO BE HEARD ON THIS ITEM? COMMISSIONER'S QUESTIONS FOR THE APPLICANT, RIGHT? NO. ANY QUESTIONS FOR THE APPLICANT? QUESTIONS FOR STAFF? SEEING NONE, VICE TRUMAN, DO YOU HAVE A MOTION? YES. IN THE MATTER OF Z 2 45 DASH 1 48, I MOVE TO BE CLOSED PUBLIC HEARING AND FOLLOW THE STAFF'S RECOMMENDATION OF APPROVAL SUBJECT TO AN AMENDED CONCEPTUAL PLAN. THANK YOU MR. RUBIN AND COMMISSIONER CARPENTER FOR YOUR SECOND. ANY DISCUSSIONS? SEE NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? A AYES HAVE IT. THANK YOU VERY MUCH. WE'LL MOVE TO [18. 25-871A An application for an amendment to Specific Use Permit No. 798 for a Mining of Sand and Gravel use on property zoned an A(A) Agricultural District, on the southwest line of Kleberg Road between US 175 Frontage Road and Jordan Valley Road.] OUR LAST CASE NUMBER 18. ITEM NUMBER 18, UH, Z 2 12 1 31 IS AN APPLICATION FOR AN AMENDMENT TO SPECIFIC USE PERMIT NUMBER 7 98 FOR A MINING OF SAND AND GRAYVILLE USE ON PROPERTIES ZONE AND AA AGRICULTURAL DISTRICT ON THE SOUTHWEST LINE OF CLEAVER ROAD BETWEEN US 1 75 FRONTAGE ROAD AND JORDAN VALLEY ROAD. STAFF. RECOMMENDATION IS APPROVAL SUBJECT TO AN AMENDED SITE PLAN AND CONDITIONS. SEE THAT THE APPLICANT IS HERE. GOOD AFTERNOON, SIR. GOOD AFTERNOON, CHAIR, COMMISSIONERS, STAFF. THANK YOU ALL FOR HEARING ME AGAIN. LAST TIME WE HEARD THIS CASE, UH, COMMISSIONER FRANKLIN, YOU CHALLENGED ME TO EVALUATE THE ENVIRONMENTAL IMPACTS AND POTENTIALLY ANSWER THE QUESTION OF, IS IT MR. CHAIR? DID THE SPEAKER IDENTIFY HIMSELF WITH THIS ADDRESS? BEGGING. BEGGING YOUR PARDON, SIR. CHUCK MARSH. 64 20 SOUTHWEST BOULEVARD, FORT WORTH, TEXAS. PARDON ME. UM, YOU CHALLENGED ME TO COME UP WITH AN ANSWER TO THE QUESTION. IS IT MORE ENVIRONMENTALLY PROTECTIVE TO LEAVE THIS DETENTION POND IN PLACE OR TO BACKFILL IT AS THE CONDITION OF THE, UH, SUP REQUIRES, UH, PROVIDED SOME INFORMATION TO YOU, MR. FRANKLIN, UH, VIA EMAIL, UH, INCLUDING, UH, AN EMAIL FROM ONE OF THE NEIGHBORS, IN FACT, THE ADJOINING NEIGHBOR WHO, UH, HAS TALKED TO HIS NEIGHBORS AS WELL. UH, AND ESSENTIALLY THE, THE CASES THAT WE LOOKED AT, UH, THIS BOILS DOWN INTO FIVE BUCKETS, IF YOU WILL. IT'S WATER QUALITY, BOTH STORMWATER AND GROUNDWATER, UH, FLOOD RISK, AIR QUALITY TRUCKS AND, AND SAFETY AND INDUSTRIALIZATION. KIND OF THOSE FOUR BUCKETS ARE WHAT WE'RE TRYING TO ADDRESS HERE. UH, FROM A WATER QUALITY STANDPOINT, UH, THE FACILITY, WHICH IS UPGRADIENT OF THE LANDFILL, WHICH IS NEXT DOOR TO IT, LANDFILL HAS 12 MONITORING WELLS THAT MONITOR THE GROUNDWATER. UH, THOSE ARE SAMPLED SEMI-ANNUALLY, SO TWO TIMES A YEAR AND HAVE BEEN SINCE ITS CLOSURE IN 2002. IN FACT, THEY BIRTH SAMPLED BEFORE THEN AS WELL. UH, AT NO POINT HAVE ANY OF THOSE GROUND MONITOR WELLS HAD TO ENTER CORRECTIVE ACTION FOR CONTAMINANTS. UH, THAT'S NOT A 100% GUARANTEE THAT I CANNOT OFFER, BUT THAT IS AN INDICATION THAT THERE'S NOT BEEN, UH, ANY TYPE OF GROUNDWATER LEACH OF, OF ANY TYPE OF MATERIALS DURING THE BRIEFING. UH, COMMISSIONER YOU BROUGHT UP, UH, THE MAIN QUESTION, OR ONE OF THE MAIN QUESTIONS. WHAT WAS MINE AND WHEN DID IT STOP? UH, WHEN YOU SEE MINING, YOU HAVE THIS MENTAL IMAGE OF WHAT'S GOING ON. IT'S A STRIP MINE, IT'S ORE EXTRACTION, IT'S SOLVENTS, HEAVY METALS, ALL THIS, ALL THESE TYPES OF THINGS. IN THIS ACTIVITY, WHICH ENDED 20 YEARS AGO MORE THAN THIS, WAS AN EXCAVATOR BUCKET. TAKING SOIL, PUTTING IT IN A DUMP TRUCK AND SENDING IT NEXT DOOR TO THE LANDFILL. UH, SOIL IS ESSENTIALLY THE LIFEBLOOD OF A LANDFILL. IT HAS TO OPERATE, IT HAS TO COVER ITS SOIL EVERY DAY, OR IT HAS TO COVER ITS WASTE EVERY DAY WITH A LOT OF SOIL. IT NEEDS A GOOD SOURCE OF THAT. AND SO THIS WAS RUNOFF THAT YOU WOULD EXPECT FROM A SITE LIKE THIS IS VERY CONSISTENT WITH WHAT YOU MIGHT SEE FROM A PARKING LOT. IT'S FUEL, ITS OILS, IT'S GREASES MACHINERY, STUFF LIKE THAT. YOU DON'T, WE'RE NOT LOOKING AT HEAVY METAL DEPOSITS THAT MAY BE FROM THE EXPOSURE OF LIMESTONE THAT THEN LEACHES INTO THE GROUNDWATER THAT YOU MIGHT SEE ON A NORMAL MINE. I KNOW THAT'S A, THAT'S A SCARY WORD, BUT UNFORTUNATELY, WHEN YOU EVER YOU DIG SOIL AND MOVE IT OFF SITE, YOU ARE TECHNICALLY MINING. THAT'S JUST, THAT'S THE DEFINITION WE HAVE TO USE. [04:55:01] SO, UH, WATER QUALITY. THERE IS NO INDICATION OVER THE LAST 20 PLUS YEARS THAT THERE'S BEEN ANY CONTAMINATION OF THE GROUND OR SURFACE WATER FROM A FLOOD, UH, FLOOD RISK PERSPECTIVE. THANK YOU. YOUR TIME IS UP. PLEASE STAND BY. JUDGE, THERE'S GONNA BE QUESTIONS FOR YOU, SIR. UH, IS THERE ANYONE ELSE I'D LIKE TO SPEAK IN FAVOR? YES, SIR. GOOD AFTERNOON. MY NAME IS THOMAS FLORES. UH, MY PROPERTY IS ADJACENT TO THIS. I'VE GOT 50 ACRES. I'VE GOT A OVER 300 HEAD OF LIVESTOCK CHICKENS AND STUFF OUT THERE. I'M OUT THERE EVERY DAY AT TWO O'CLOCK TO TAKE CARE OF MY ANIMALS. THIS IS A BEAUTIFUL PIECE OF PROPERTY. IT HASN'T BEEN DISTURBED BEFORE. I BOUGHT THIS PROPERTY ALMOST SEVEN YEARS AGO, I HAD THE WATER TESTED ON MY SITE BECAUSE OF THE LANDFILL BEING THERE. I DIDN'T WANNA BUY A PIECE OF PROPERTY THAT WAS GONNA HAVE CONTAMINATION ON IT FOR ME AND MY FAMILY. AND THAT'S, AND SO THE CITY OF DALLAS ACTUALLY CAME IN OUT THERE AND TESTED IT. I HAD 'EM TESTED WHEN IT WAS DRY. THERE WAS NO RAIN FOR ABOUT TWO MONTHS, PROBABLY, ALMOST. IT WAS REALLY DRY THAT YEAR. AND THEN TWO DAYS AFTER IT RAINED, I HAD 'EM COME TESTED AGAIN. AND THEN I WAITED TWO, TWO WEEKS AFTER AND HAD 'EM TESTED AGAIN JUST TO MAKE SURE MY FAMILY WASN'T GOING, WASN'T GONNA BE HARMED OR ANYBODY ELSE. UM, IT'S A BEAUTIFUL PIECE OF PROPERTY. I, I, I LOVE IT THE WAY IT IS. THERE'S, THERE'S TONS OF, THERE, THOUSANDS OF, OF MIGRATING BIRDS THAT COME OUT THERE. UM, THERE'S A DEER FOR THE PAST SIX YEARS, COMES OUT THERE ON THE PART WHERE WOULD BE BACKFILLED. SHE, SHE HAS A FAWN EVERY YEAR. I ONLY SEE HER AT NIGHTTIME AND HOPEFULLY ANOTHER TWO MONTHS I'LL SEE HER AGAIN. UM, THERE'S, THERE IS, THERE ARE EAGLES THAT COME OUT THERE. I'VE HAD, I HAVE PICTURES OF MEXICAN EAGLES THAT ARE ALSO ENDANGERED THAT ARE ON THAT SITE. UM, THERE'S, THERE'S JUST TONS OF WILDLIFE, ALL KIND OF TURTLES. IT'S JUST A BEAUTIFUL, AND IT'D BE, IT'D BE A SHAME TO PUT A THOUSAND, A MILLION TRUCKLOADS OF DIRT OR A MILLION TONS OF DIRT BACK IN THERE TO RUIN THAT. NOT ONLY THAT, BUT THE PROBLEM THAT IT WOULD CAUSE FROM FLOOD THAT WOULD CAUSE FLOODING. BECAUSE RIGHT NOW THERE WAS A, A BUILDING THAT WAS PUT UP ON NORTHWEST SIDE OF 6 35. ALL THAT WATER, 18 ACRES OF A BUILDING AND PARKING LOT WAS BUILT. ALL THAT WATER RUNOFF COMES INTO A CREEK. WE'RE GONNA SAY IT'S THOMAS CREEK. THEY DON'T HAVE A NAME, SO I MIGHT AS WELL TAKE IT. UM, BUT WE'LL JUST, IT COMES DOWN THE CREEK GOES BEHIND THE HOUSES WHERE EIGHT, UH, THERE'S 18 LOTS, I BELIEVE THERE. 13 LOTS. WELL, EIGHT OF EIGHT OF THOSE 13 LOTS HAVE COMPLETELY CONCRETED. SO ALL THAT GOES DOWNSTREAM. AND IT COMES INTO MY PROPERTY AND IT'S A HUGE, AND THAT'S, THAT'S WHERE ANY FLOODING COMES IN, BECAUSE THERE'S TOO MUCH WATER RUNOFF. BUT BY THE TIME IT GETS TO ME, IT, IT'S WASHED OUT MY BRIDGE TWICE. NOW, IF THEY WEREN'T THERE, IF Y'ALL FILLED IN 54 ACRES, I'D BE DOOMED. I, THE LAST RAIN WE HAD, I HAD 10, OR WHAT, A YEAR AND A HALF AGO, I GUESS WE HAD THIS HEAVY RAIN. I HAD 10 ACRES GOT FLOODED. I'D HAD 40 ACRES FLOODED. IF, IF THEY ACTUALLY HAD TO BACKFILL THAT, NOT ONLY THAT, BUT THEY'D BE, THEY'D BE DISTURBING MY ANIMALS WITH HAVING 50,000 TRUCKS COMING IN DAILY. I MEAN, WELL NOT DAILY, BUT 50,000 TRUCKS EVERY DAY COMING IN THAT SITE. I, I'D HAVE TO SELL. 'CAUSE I COULDN'T, I COULDN'T SUSTAIN MY ANIMALS BEING ON THAT. IT'D BE TOO MUCH DISRUPTION. AND WHERE THE WATER FLOWS OUT FROM THAT LAKE, HE COMES OUT. THANK YOU. YOUR TIME IS OUT. WELCOME. THANK YOU, SIR. SURE. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COME ON DOWN. UH, DAVID CARRANZA, 1 4 4 6 4 CLEAVER ROAD, DALLAS, TEXAS 7 5 2 5 3. AGAIN, I'M PRESIDENT OF THE CLEAVER NEIGHBORHOOD ASSOCIATION CRIME WATCH. UH, DEAR CITY PLANNING COMMISSIONERS, I'M WRITING TO EXPRESS MY STRONG OPPOSITION TO ANY DECISION REGARDING THE MESQUITE LANDFILL AND TO DEMAND FULL, UH, TRANSPARENCY AND COMM COMMIT, UH, COMMUNITY INVOLVEMENT IN THIS DECISION. DISTRICT EIGHT AND, UH, HAS ENDURED ENOUGH ENVIRONMENTAL HAZARDS AT THIS HANDS OF POOR PLANNING AND NEGLECT. WE HAVE ALREADY SUFFERED FROM THE CONTAMINATION IN MISMANAGEMENT OF LAME PLANET OR LAME PLATING WORKS INC. IT'S A SUPER FUN SITE DUE TO HAZARDOUS WASTE LEFT IN OUR COMMUNITY, A SHINGLE MOUNTAIN, A TOXIC DUMPING GROUND THAT TOOK YEARS TO REMEDIATE. DESPITE THE COMMUNITY OUTCRY DALTILE, A CORPORATION THAT SETTLED OUT OF COURT WITH LANDOWNERS RATHER THAN FULLY ADDRESSING THE HARM DONE TO OUR ENVIRONMENT. NOW WE ARE EXPECTED TO DEAL WITH YET AGAIN. ANOTHER ENVIRONMENTAL BURDEN LEFT TO CLEAN UP. THE MESS OF THE CITY OF DALLAS HAS ALLOWED TO HAPPEN IN OUR AREA. OUR COUNTRYSIDE IS ALREADY SCARRED WITH MINIMAL, UH, MINING PITS AND LANDFALLS, AND WE REFUSE TO ALLOW THE CYCLE OF [05:00:01] EXPLOITATION TO CONTINUE. WE, THE RESIDENTS OF DISTRICT EIGHT AND THE KLEBERG AREA DEMAND FULL TRANSPARENCY AND INCLUSION IN THE DECISION MAKING PROCESS REGARDING THE MESQUITE LANDFILL. THIS IS NOT JUST ABOUT THE LANDFILL, IT'S ABOUT FUTURE OF OUR DISTRICT AND THE WELLBEING OF OUR FAMILIES. BEFORE ANY DECISIONS ARE MADE, WE REQUIRE COMP, UH, COMPREHENSIVE ENVIRONMENTAL IMPACT REPORTS. THESE MUST BE ANALYZED, BOTH KEEP WITH KEEPING THE LANDFILL AS IT IS OR FULLY, UM, REMEDIATING THE SITE. PER THE SVP REQUIREMENTS, FULL PUBLIC DISCLOSURE OF DATA, ALL REPORTS STUDIED AND DIS DISCUSSIONS REGARDING THE LANDFILL MUST BE MADE AVAILABLE TO THE RESIDENTS OF DISTRICT EIGHT IN CLE. BEFORE ANY ACTION IS TAKEN, DIRECT COMMUNICATION INVOLVEMENT, WE WILL LIKE TO ACCEPT ANY DECISION MADE OR WE WON'T ACCEPT ANY DECISION MADE BEHIND CLOSED DOORS. WE DEMAND PUBLIC HEARINGS, COMMUNITY MEETINGS, AND, AND SEAT AT THE TABLE BEFORE THE FINAL DECISION. A COMMITMENT TO OF WHAT'S BEST FOR, UH, DISTRICT A, NO, UH, NO RUSHED DECISIONS, NO BACKROOM DEALS, NO DATA MUST BE DRIVEN, OR THE DATA MUST BE DRIVEN. THE DECISION AND OUR VOICES MUST BE HEARD. MAYBE, MAYBE OFFER IT. UM, US A COMMUNITY BENEFIT AGREEMENT WHERE DALLAS FUNDS C COMMUNITY IMPROVEMENTS IN EXCHANGE FOR CHANGING THE SUP AND THE, AND TO INCLUDE MAYBE INFRASTRUCTURE, UM, STREAMLINED FOR PARKS AND GREEN LINE, UH, GREEN SPACES OR TAX BREAKS FOR THE HOMEOWNERS. WE'RE TIED OF THE, OF BEING DUMPED AROUND THIS AREA. WE WILL NOT ALLOW HISTORY TO REPEAT ITSELF. IT IS TIME FOR THE CITY TO TAKE RESPONSIBILITY FOR ITS ACTIONS AND WORK WITH US, NOT AGAINST US, TO ENSURE THE BEST OUTCOME FOR KLEBERG AREA AND DISTRICT EIGHT. THANK YOU. THANK YOU. YES, SIR. SIR? YES. COMMISSIONER FORZA, CAN YOU CONFIRM THAT THESE SPEAKERS THAT WE'RE HEARING FROM ARE IN SUPPORT OF THEY'RE IN OPPOSITION, THOUGH. THEY'RE IN OPPOSITION. OKAY. SO THE LAST SPEAKER WAS IN OPPOSITION. YES, SIR. OR AS IT'S, I NEED, SAY ASS COURT. OKAY, PERFECT. YES, SIR. OKAY. . AND, AND THIS SPEAKER, I, BILL FREEMAN IS IN OPPOSITION. I BELIEVE YOU'RE IN OPPOSITION, SIR. OR YOU IN FAVOR? YES. YES. YOUR OPPOSITION. MY NAME'S BILL FREEMAN. 1 3 8 1 5 KLEBERG ROAD 7 5 2 1 5. AND LIKE I SAID EARLIER, I'VE BEEN DOING THIS STUFF A LONG TIME. I'M, I'VE SIT ON THE STEERING COMMITTEES TASK FORCE POLICE REVIEW BOARD RIGHT NOW FOR, I'M THE LONGEST STANDING MEMBER OF THE, UH, DALLAS COUNTY TRAILS AND PRESERVES BOARD. AND I WANT TO GET BACK TO THAT, THAT PIECE OF PROPERTY. AND YOU CAN TRUST ME, Y'ALL HAVEN'T HEARD THE LAST OF THAT, THAT THAT PROPERTY DOWN THERE IS TROUBLE BOUND FROM SEVERAL DIRECTIONS. AND I'LL TELL YOU THE HISTORY OF IT. IT WAS OWNED BY, UM, DOW TILE, AND THEY GOT IN A PICKLE BECAUSE OF COBALT THAT THEY USE IN MAKING BLUE TILE, I GUESS. AND, AND COBALT IS SLIGHTLY RADIOACTIVE, AND THAT'S A PROBLEM. AND THEY WERE TOLD TO, UH, MODERATE THAT SITUATION. AND GOING IN FRONT OF MY HOUSE FOR WEEKS, THEY HAD GREAT BIG DOUBLE TRUCKS CLEARING OUT LAND INSTEAD OF TRYING TO GET RID OF THE, UH, UH, RADIOACTIVE POLLUTION THAT THEY HAD THERE. AND ACTUALLY, THERE WERE PEOPLE AROUND THAT LAKE, AND I UNDERSTAND THIS, THAT, UH, WERE SETTLED. PEOPLE SETTLED WITH 'EM BECAUSE OF, UH, UH, SICKNESS CANCER THAT THEY, UH, COULD BLAME ON THAT. SO, UH, UH, WE ARE NOT IN FAVOR OF FILLING THAT LAKE UP BECAUSE YOU'RE JUST ASKING FOR MORE TROUBLE WHEN YOU, UH, START, UH, STIRRING THAT, THAT STUFF UP. AND AGAIN, I DON'T THINK Y'ALL HAVE HEARD NEARLY WHAT IS GONNA COME. THIS PIECE OF PROPERTY IS A BIG PROBLEM IN OUR NEIGHBORHOOD. AND I WOULD LIKE TO TELL YOU, UH, ONE SHORT STORY, UH, UH, THAT I CONSIDER TOTALLY ANALOGOUS TO THIS. ABOUT PROBABLY SIX BLOCKS EAST OF THE PART WHERE THIS IS A FEW YEARS AGO, UH, MAYBE SIX YEARS AGO, UH, THE, UH, UH, A COMPANY WANTED TO PUT A BATCH PLANT IN THERE, CONCRETE BATCH PLANT. AND WE HAVE THIS KLEBERG TRAIL THAT I'VE WORKED DILIGENTLY ON, ON THE COMMITTEES TO GET THIS TRAIL PUT IN PLACE. IT'S AN ABANDONED RAILROAD RIGHT AWAY. WE'VE GOT THE CITY TO BUY IT, AND WE'VE GOT A LOT OF PROGRESS THAT WE'VE DONE ON IT, BUT WE, [05:05:01] IT'S ALL IN THE PLANS. AND, UH, SO THEY, UH, THEY CALLED A COMMUNITY MEETING AND WE SHOWED UP THERE, THERE ENGINEERS AND STUFF. WE HAD A PRETTY GOOD CROWD OF NEIGHBORS SHOW UP THERE. AND BY THE TIME IT WAS ALL SAID AND DONE, I, I ASKED THE OWNER ONE QUESTION. I SAID, HOW MANY OF THOSE BIG TRUCKS WILL BE CROSSING THIS TRAIL A DAY? AND HE SAID, WELL, WE HOPE WE'LL BE ROLLING OUT. THANK YOU. YOU'RE TIME IS UP. THANK YOU, SIR. AND THAT WAS YOUR THREE MINUTES. THANK YOU. THANK YOU FOR JOINING US. GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS JESSICA RAMIREZ. UH, 2 7 2 WEST LAWS ROAD, DALLAS, 7 5 2 5 3. AND I'M VICE PRESIDENT OF THE CLEAVER NEIGHBORHOOD ASSOCIATION. UM, WE'RE LUCKY THAT WE STILL HAVE ADVOCATES TO, UM, THAT WERE ACTUALLY, YOU KNOW, RENOWNED FOR CLOSING THIS MESQUITE LANDFILL. UM, FOR DECADES, OUR COMMUNITY HAS BEEN SUBJECTED TO NEGLECT, AS MENTIONED WITH THE MESQUITE TREES APPLICANT. WE ARE A DUMPING GROUND OUT THERE. AND SO IT'S VERY IMPORTANT THAT ALL THESE ENVIRONMENTAL HARMFUL PROJECTS ARE NOTICEABLE AND ARE, YOU KNOW, BROUGHT TO LIGHT. I DON'T KNOW IF I'M IN FOR OR AGAINST, BUT I JUST WANT FOR THE RECORD, ACTUALLY, AS AN ORGANIZER AND, AND ADVOCATE COMMUNITY ORGANIZER BY PROFESSION, I DREAM OF INFRASTRUCTURE AND AN ENVIRONMENTAL PROTECTION IN KLEE BIRD. SO WE'RE FIGHTING FOR PARKS AND TRAILS THAT WOULD CONNECT US TO THE CITY, BUT WE DON'T HAVE THAT YET. IMPROVEMENTS TO THE SITE OF DISTRICT EIGHT HAVE LONG BEEN A LOW, A LOW PRIORITY. AND THOUGH THE UNIQUENESS OF OUR, OF OUR ZONING IS AGRICULTURAL, AND THAT ALLOWS FOR A BURDEN OF MINING LANDFILLS, HEAVY INDUSTRIAL, AND SOMETIMES ILLEGAL OPERATIONS, WHILE OTHER AREAS MAINTAIN THEIR GREEN SPACES AND THEIR RESIDENTIAL CHARACTER. UM, THIS AREA FOR SURE IS, IS, IT'S WEIRD BECAUSE THEY, THEY, THE APPLICANT HASN'T COME BEFORE US. I DON'T KNOW WHO THIS MESQUITE, MESQUITE LANDFILL GUY IS. UM, I'M, I'M CURIOUS AS TO COMMUNITY INPUT THAT THERE IS. IS IT, DO YOU GUYS HAVE RECORD OF COMMUNITY INPUT? DO YOU GUYS HAVE, UM, THOSE ASSESSMENTS, THOSE PROPER STUDIES, AIR QUALITY, UM, ASSESSMENTS THAT, YOU KNOW, ARE SUPPOSED TO BE ANNUALLY CONDUCTED OR FROM WHAT I HEAR TWICE, I MEAN, UM, TWICE CONDUCTED BY WHATEVER BI-ANNUALLY. UM, BUT WE DON'T HAVE ACCESS TO THAT. IS THAT PUBLIC KNOWLEDGE FOR US TO KNOW? I DON'T KNOW. SO, UM, THAT'S WHY I'M HERE. AND I'M ALSO, YOU KNOW, THE CITY OF DALLAS HAS CONTINUED TO ENFORCE THIS TYPE OF ACCOUNTABILITY AS WE'VE SEEN WITH SHINGLE MOUNTAIN. UM, SO ALLOWING MESQUITE LANDFILL AND OTHER BAD ACTORS TO WALK AWAY FROM THE RESPONSIBILITIES IS NOT GOOD. THIS IS NOT A ZONING AND SAP MATTER. THIS IS A LAND USE AND EQUITY, ENVIRONMENTAL JUSTICE AND ACCOUNTABILITY. EITHER THIS BODY CONTINUES TO ALLOW POLLUTERS TO DICTATE THE FUTURE OF KLEBERG, OR IT FINALLY PRIORITIZES THE HEALTH AND WELLBEING OF ITS RESIDENTS ONCE AND FOR ALL. AND I'D BE HAPPY TO CONNECT YOU WITH LONGSTANDING ADVOCATES AND, AND AFFECTED RESIDENTS OF THIS, UH, LANDFILL AREAS AND THE HISTORICAL BACKGROUND AND KNOWLEDGE, UM, OF THIS LONGSTANDING AND ONGOING FIGHT. THANK YOU. THANK YOU. IS THERE ANYONE ELSE THAT'D LIKE TO SPEAK IN OPPOSITION? GET A TWO MINUTE REBUTTAL, SIR. I THANK YOU EVERYONE. UH, SOME VERY SERIOUS TOPICS RAISED THERE. WE DO TAKE THEM VERY SERIOUSLY. UH, IT'S IMPORTANT THAT, UH, WE MAKE THE DECISION THAT'S BEST FOR EVERYBODY. UH, IT'S THE OPINION, UH, OF THE LANDOWNER. THAT, AND, AND MYSELF, THAT FILLING IN THIS POND PER THE SUP WOULD BE MAGNITUDES MORE ENVIRONMENTALLY DAMAGING. IT WOULD, UH, DENUDE THE AREA, AGAIN, WOULD RE INDUSTRIALIZE THE AREA. WE'RE LOOKING AT A DUST FARM. WE'RE LOOKING AT, UH, TENS OF THOUSANDS OF TRUCKS BACK ON THE ROAD TO FILL THIS BACK IN WITH MILLIONS OF CUBIC YARDS OF SOIL. WE'RE LOOKING AT INCREASED FLOOD RISKS BECAUSE THE, THE VALLEY STORAGE THAT IS CURRENTLY IN USE AND THAT THE DOWNSTREAM AND EASTERN NEIGHBORHOODS ARE DEPENDENT UPON TO FUNCTION PROPERLY, THAT'S NOW GONE AND WOULD NEED TO BE MITIGATED. UH, THERE'S A LOT THAT COMES WITH FILLING THIS POND IN, AND IT WOULD BE, UH, IN MY OPINION, A VERY BIG MISTAKE TO DO THAT. THANK YOU, SIR. COMMISSIONERS, BEFORE WE GO TO QUESTIONS FOR THE APPLICANT AND THEN OUR FOLKS IN OPPOSITION, DR. , CAN YOU PLEASE EXPLAIN TO US, UH, PLAINLY WHAT HAPPENS IF WE APPROVE THIS APPLICATION AND WHAT HAPPENS IF WE DENY IT? I THINK THERE MIGHT BE A FUNDAMENTAL MISUNDERSTANDING. THANK YOU SO MUCH, CHAIR. UH, AND THANK YOU COMMISSION. YES. SO THE REQUEST IS, UM, TO ALLOW THE LAKE TO REMAIN. [05:10:01] SO IF WE APPROVE, OR IF THE BODY, IF CITY PLAN COMMISSION RECOMMENDS APPROVAL TODAY, IT MEANS THAT THE LAKE WILL STAY IN PLACE AS IS. IF THE CITY PLAN COMMISSION RECOMMENDS DENIAL AND CITY COUNCIL RECOMMENDS DENIAL, IT MEANS THAT HALF OF THE LAKE WILL HAVE TO BE FILLED. AND I CANNOT EXPLAIN THE ENGINEERING PART OF IT, BUT WE HAVE AN ENGINEER HERE. VERY, VERY HELPFUL. COMMISSIONER'S. QUESTIONS FOR THE APPLICANT? COMMISSIONER, FORESIGHT, PLEASE. WELL, I, I GUESS MY QUESTION IS, IF, IF THAT IS THE CASE, THEN EVERYONE HERE IS REALLY BASICALLY SPEAKING FOR THE SAME THING. 'CAUSE I SEEMED LIKE, I, EVERYTHING I'VE HEARD WAS THAT NO ONE WANTS THIS LAKE TO BE FILLED IN. HENCE, I THINK THERE WAS A FUNDAMENTAL MISUNDERSTANDING. YES, THAT'S WHAT YOU STATED IS MY UNDERSTANDING. BUT I, I BELIEVE SOME FOLKS THAT MAYBE SPOKE IN OPPOSITION KIND OF MAYBE FELT THAT, UH, THE APPLICATION WAS DOING WAS, UH, GONNA GET RID OF THE LAKE INSTEAD OF WERE PRESERVING IT. MR. CHAIR, PLEASE, SIR. I, I THINK THE OPPOSITION HAVE TWO DIFFERENT PERSPECTIVES. AND SO IT'S NOT JUST SINGULARLY THAT, UH, THEY WANT TO KEEP THE, THE LAKE OPEN OR CLOSED. SOME OF 'EM ARE ASKING, THEY DON'T KNOW WHAT THE ANSWER IS BECAUSE OF THE TRANSPARENCY OF WHAT THE IMPACTS ARE. AND WHAT IS THE UNDERLYING RESEARCH TO SUGGEST THAT BY KEEPING IT THE, THE SAME WAY THAT THERE AREN'T ANY NEGATIVE IMPACTS WHAT THEY'RE SAYING, THAT THERE HAVEN'T BEEN SUFFICIENT COMMUNITY ENGAGEMENT, UH, EDUCATION. AND SO, UH, THEY'RE RESERVING, YOU KNOW, ANY MOVEMENT ON IT UNTIL THEY HAVE A BETTER GRASP OF WHAT THE IMPACTS WILL BE. VERY HELPFUL. THANK YOU. COMMISSIONERS, QUESTIONS OF THE APPLICANT? YES, COMMISSIONER FRANKLIN? I DO, UH, UH, THANK YOU, UH, MR. MARSH. AND I KNOW WE'VE BEEN COMMUNICATING BACK AND FORTH, UH, REGARDING THIS PROPERTY, BUT I THINK IT'LL BE REALLY GOOD TO, TO LEVEL SET OF THE LAND, THE LAY OF THE LAND OF WHERE, UH, THIS LAKE IS THE, THE PROPOSED SITE, UH, SITE PLAN. IT HAS THESE SPECIALIZED LINES AND DIVISIONS, BUT ESSENTIALLY WHAT WE HAVE, WE HAVE A LANDFILL TO THE NORTHWEST. UH, THE, UH, SUP 7 98 IS IN BETWEEN TO THE SOUTHEAST OF THAT. AND THEN THERE'S ANOTHER, UH, PARCEL OF LAND WITH SUP 7 99. I NEED TO BETTER UNDERSTAND WHO OWNS WHAT. 'CAUSE I THINK THERE MAY BE SOME INCONSISTENCY IN, IN THE CASE REPORT ITSELF. NOW, MESQUITE LANDFILL OWNS THE LANDFILL, IS THAT CORRECT? YES, SIR. AND THEN THE S THE SUP 7 98 IS ALSO OWNED BY MESQUITE LANDFILL, IS THAT CORRECT? YES, SIR. AND 7 99. OH, SO YOU OWN ALL THREE, OKAY. YES, SIR. 7 99 HAS AN ADDITIONAL PARCEL, UH, WHICH IS FARTHER SOUTH. UH, IT WAS AN ADDITIONAL COMPLICATION, WHICH IS WHY THAT'S NOT, THAT CASE IS NOT CURRENTLY BEING HEARD. UH, THIS WAS, UH, ADMINISTRATIVELY THE MORE SIMPLER CASE TO GO FORWARD WITH. SO THAT'S WHY YOU'RE ONLY HEARING THIS ONE RIGHT NOW. OKAY. SO THAT IS A, A VERY GOOD POINT OF CLARIFICATION. SO WITHIN THE CONTOURS OF THE, THE OF 7 99 AND 7 98, THE ENTIRE LAKE IS OWNED BY MESQUITE LAKE, MESQUITE, UH, LANDFILL. YES, SIR. THAT'S CORRECT. ALRIGHT. AND YOU HAVE NO INTENTION OF FILLING IN THE LAKE? NO, SIR. IN FACT, IF YOU LOOK AT, WELL, IDEALLY WE WOULD LEAVE IT AS IS BECAUSE IT WOULD BE A SIGNIFICANT ENVIRONMENTAL IMPACT TO FILL THAT IN. UH, IF YOU LOOK AT THE CONDITIONS WE'RE PROPOSING IN 7 98, UH, THERE IS NO ALLOWABLE USE IN THAT SUP AREA WITHOUT REVISITING TO THIS BODY TO GET APPROVAL TO DO ANYTHING. SO NO MINING, NO FILLING, NOTHING. LEAVE IT AS IS UNTIL SOMEBODY GETS PERMISSION TO DO OTHERWISE. I'LL GO BACK, PLEASE. COMMISSIONER FRANKLIN TO THE QUESTIONS. SO I KNOW THERE'S, TO YOUR TESTIMONY THERE, THERE'S NO MINING CURRENTLY BEING DONE IN SUP 7 98, AND HAS IT BEEN FOR THE LAST 20 YEARS? YES, SIR. SINCE 2004 IS ROUGHLY WHEN THE LAST SCOOP OF DIRT WAS TAKEN OUTTA THAT SITE, UH, THE ADJACENT PARCEL SUP 7 99. IS THERE ANY MINING BEING DONE THERE? NO, SIR. OKAY. ALSO, NOT SINCE 2004, HAVE, HAVE YOU WITNESSED ANY TRUCKS COMING IN AND OUT OF THE, I GUESS THE STREET WOULD'VE BEEN, UH, JORDAN VALLEY, UH, WITH, WITH DIRT OR SEDIMENT? [05:15:01] NO, SIR. WOULD IT SURPRISE YOU IF, UH, IF RESIDENTS HAVE REPORTED THAT THEY'VE SEEN TRUCKS, UH, COMING OFF THAT ROAD, UH, NEAR THAT LANDFILL, NEAR THAT LAKE? IT WOULD, AS THERE'S REALLY NO MEANS OF ACCESS TO THE SITE. THE MAIN ENTRANCE IS BETWEEN 6 35 ON THE NORTH SIDE. UH, THAT'S WHERE THE GATE WAS. UM, SO THAT WOULD SURPRISE ME. UH, THE LANDOWNER'S REPRESENTATIVE MAY BE BETTER ABLE TO ANSWER THAT. UH, YOU, YOU HAD SOMEONE TO COME? WELL, UH, MR. UH, THOMAS FLORES? YES, SIR. THIS SPOKE ON, ON YOUR BEHALF IN RELATION TO YOUR PROPERTY. UH, DO YOU KNOW WHERE HIS PROPERTY IS LOCATED? YES, SIR. NORTHWEST IS THE LARGER PROPERTY NUMBER THREE ON THE OWNER'S LIST. UH, IN THE EMAIL I PROVIDED TO YOU, HE SAID HE SPOKE WITH LANDOWNERS ONE, I THINK 1, 4, 5, 6, 7, 8, 9, AND 10. HE OMITTED, UH, TWO, WHICH IS SUP 7 99. SO MESQUITE LANDFILL. SO THE, THE APPLICANT AND THEN HIM HIMSELF. SO, UH, PART OF THE REASON WHY WE HAVEN'T HAD WIDER COMMUNITY ENGAGEMENT IS THAT ALL OF THE LANDOWNERS IMMEDIATELY AROUND THIS, THIS POND, DESPERATELY WANT THIS POND TO STAY EXACTLY WHERE. IT'S, UM, SO MAYBE SHAME ON US FOR NOT REACHING FARTHER, BUT THAT'S WHY WE, WE HAD ASSUME THAT THIS NEEDS TO STAY. WHAT, WHAT DOCUMENTS OR REPORTS HAVE YOU ALL GENERATED, UH, THAT WOULD SUPPORT THAT KEEPING THIS LAND? WELL, KEEPING THIS LAKE HERE WOULD NOT HAVE ANY, UH, HEALTH WELFARE OR, OR FLOODING ISSUES, UH, DOWN THE LINE. THERE HAS NOT BEEN A FLOOD STUDY CONDUCTED. UH, THE MAIN REASON BEHIND THAT IS BECAUSE THIS LAKE'S BEEN AROUND FOR 20 YEARS AND DALLAS GREW AROUND IT. AND SO AS, UH, PUBLIC WORKS AND ENGINEERING'S UPDATES, THEIR BACKGROUND SYSTEMS AND HOW THEY LOOK AT DRAINAGE SYSTEMS AS A WHOLE, THEY TAKE INTO ACCOUNT WHAT'S ALREADY THERE. SO THERE IS THIS LAKE HERE PROVIDING FLOOD PROTECTION FOR THAT NEIGHBORHOOD IMMEDIATELY EAST OF JORDAN VALLEY ROAD. AND THAT DEPEND ON THIS LAKE FOR FLOOD CONTROL. UM, INHERENTLY A DETENTION POND IS ALMOST THE FIRST STEP WHENEVER YOU'RE TALKING ABOUT FLOOD FLOOD MANAGEMENT, THAT'S KIND OF A NUMBER ONE. YOU HAVE A FLOOD PROBLEM, TRY AND PUT A POND IN. THAT'S WHAT THEY DO. UH, THINKING THROUGH ANALOGY, IF YOU'VE GOT A CUP OF WATER, YOU CAN POUR IT UP VERY QUICKLY. ALL THAT WATER LEAVES IN A HURRY. IF YOU POKE A HOLE IN THE BOTTOM, IT DRAINS UP VERY SLOWLY. SO, AND THAT'S WHAT DETENTION BONDS ARE MEANT TO DO, SO THAT THIS SLOW TRICKLE ALLOWS THE DOWNSTREAM END TO HANDLE THE SAME VOLUME OF WATER OVER A LONGER PERIOD OF TIME. IF YOU TAKE THE POND OUT, NOW YOU'RE DUMPING ALL THIS WATER INTO A SYSTEM THAT WAS NOT DESIGNED TO, TO HANDLE THAT MUCH, AND THE CULVERTS UNDER JORDAN VALLEY ARE GONNA GET BLOWN OUT. JORDAN VALLEY'S GONNA GET OVERTOPPED AND THOSE HOMES DIRECTLY EAST OF US ARE GOING TO GET FLOODED. I'VE BEEN IN COMMUNICATION WITH THE COMMUNITY AND THAT AREA TO THE SOUTHEAST OF THIS LAKE AND HAVE BEEN COMPLAINING ABOUT FLOODING ISSUES. DO YOU HAVE ANYTHING, ANY REPORTS, ANY DOCUMENTS OR ANYTHING TO SUBSTANTIATE THAT THIS LAKE, IT DOES NOT CONTRIBUTE TO THE FLOODING ISSUES THAT THEY FACE AS ITS FUNCTION AS A DETENTION POND, MEANING THAT IT IS CONTROLLED BY THE THREE CULVERTS UNDER JORDAN VALLEY ROAD. UH, THAT IN ITSELF PROVIDES THE FLOOD MITIGATION AND THE, THE ROUTING OF THE FLOODPLAIN HYDROGRAPH, UH, IN, IN HYDROLOGY. THAT'S WHAT WE LOOK AT. THAT IS WHAT PROVIDES THE FLOOD PROTECTION JUST BY THAT VERY NATURE. UM, AND WERE IT NOT, AND LET'S SEE. I DON'T BELIEVE A STUDY WAS DONE IN 2002 OR OH FOUR, UH, WHENEVER THE LANDFILL WAS CLOSED TO EVALUATE THAT. AND THE, THE REASON WHY I'M, I'M ASKING THIS, THIS QUESTION AND BECAUSE I'LL HAVE TO TAKE THE COMMUNITY AT THEIR WORD, THAT THERE IS ACTUAL FLOOD FLOODING GOING ON. AND SO WHAT I'M LOOKING FOR IS DOCUMENTED SUPPORT OR RESEARCH OR, OR SOMETHING, AND THAT THE COMMUNITY CAN SEE THAT THIS PARTICULAR LAKE IS NOT CONTRIBUTING TO THEIR PROBLEM. SURE. AND I THINK IF YOU LOOK AT THE URBANIZATION AROUND THE FACILITY, SO LAKE'S BEEN THERE 20 YEARS. YOU LOOK AT ALL THE PAVEMENT THAT'S GONE IN OVER THE LAST 20 YEARS, IF YOU WANT A CULPRIT, THAT'S IT. THIS, UH, THERE'S ROUGHLY 300 ACRES, UH, TO THE NORTHEAST THAT DRAINED TO THIS FACILITY, TO THIS POND. AND THERE IS SIGNIFICANTLY MORE PAVEMENT THAN THERE WAS THERE BEFORE, INCLUDING RIGHT UP, RIGHT UP JORDAN VALLEY AND CLEAVER. UH, THAT IS THE, THE REASON WHY MORE RECENTLY THAN 20 YEARS AGO WHEN THIS LAKE WAS FORMED, THAT'S THE REASON WHY THERE'S FLOODING. HAVE YOU [05:20:01] DONE ANY TESTING? WELL, ACCORDING TO THE CASE PLAN, THERE'S BEEN AT LEAST ONE TEST THAT HAS BEEN DONE ON THE LAKE, UH, FOR CONTAMINANTS. IS THAT A ACCURATE CHARACTERIZATION? AS FAR AS I KNOW, YES, SIR. UM, TOM THOMAS HAD HIS OWN TESTS DONE, BUT AS FAR AS I KNOW, THAT'S THE ONLY ONE THAT THE CITY OF DALLAS HAS DONE BY ITSELF. SO MESQUITE LANDFILL HAS NOT PERFORMED THAT TEST? NO, SIR. IS IT AWARE IF IT, CAN IT IDENTIFY ANY CONTAMINANTS THAT WAS LOCATED, THAT WAS FOUND IN THAT LEG? NOT ABOVE THRESHOLD LEVELS? SO WHAT THAT MEANS IS THAT EPA PUTS OUT A LIST OF CONTAMINANTS AS IF YOU ARE ABOVE THESE LEVELS, YOU ARE IN VIOLATION. TCEQ TAKES THOSE LEVELS AND SAYS, AND, UH, ENFORCES THOSE ON A STATE LEVEL IN THE 20 YEARS OF SEMI-ANNUAL MONITORING. AND EVEN BEFORE THEN, THERE HAS NEVER BEEN ANY OF THE 12 WELLS AROUND THE, THE TRINITY OAKS LANDFILL THAT HAS HAD TO GO INTO CORRECTIVE ACTION BECAUSE THERE HAS BEEN AN EXCEEDANCE OF THOSE, OF THOSE CHEMICALS. I CAN'T SAY THEY'RE NOT PRESENT, THAT WOULDN'T BE TRUE, BUT NEVER AN EXCEEDANCE. HAVE YOU REVIEWED THE REPORT, THE CONTAMINANT REPORT? NO, SIR. I HAVE NOT. UH, AS FAR AS I KNOW, THE REPORTS THEMSELVES ARE NOT PUBLICLY AVAILABLE. IF THEY ARE, YOU MAY HAVE TO GO DOWN AND DO A HAND, UH, A HARD COPY SEARCH DOWN IN AUSTIN. UH, WHAT WOULD HAPPEN IS IF THERE WAS A CORRECTIVE ACTION ORDER THAT IS PUBLICLY AVAILABLE. AND SO, UH, I PROVIDED TO YOU THE COMPLIANCE HISTORY OF THE SITE. MM-HMM. UH, AND THERE HAVE BEEN SINCE 2002, THERE WERE NINE COMPLAINTS LODGED AGAINST THE MSW PERMIT. THE SITE HAS TWO PERMITS. THE MUNICIPAL SOLID WASTE, THAT'S THE LANDFILL'S PERMIT AND THEIR STORMWATER PERMIT, UH, THEIR STORMWATER PERMIT, UH, CEASED IN 2000. WELL, WE'LL GET BACK TO THAT. SO THERE WERE NINE, NINE COMPLAINTS AGAINST THE MSW PERMIT. SIX AGAINST STORMWATER, UH, THE STORMWATER PERMIT SINCE 2002. IN ONLY ONE OF THOSE CASES COULD TCQ INVESTIGATORS INDICATE THAT THERE WAS A VIOLATION FROM THE LANDFILL AND IT WAS DUE TO EROSION ON SITE AND IT WAS REMEDIATED VERY QUICKLY. UM, SOME OF THE OTHER, UH, COMPLAINTS THAT SHOWED UP, ODOR, DUST, ET CETERA, UH, TCQ INVESTIGATORS COULD NOT SUBSTANTIATE THE, THE LANDFILL WAS CAUSING THAT. OKAY. I, I THINK WE'RE TALKING ABOUT TWO DIFFERENT THINGS, BUT UH, I THINK YOU BRING UP A PRETTY GOOD POINT. SO IN TOTAL, THERE'S BEEN 15 COMPLAINTS THAT HAS GONE TO THE TC EQ EQ. YES, SIR. AND CAN YOU, JUST FOR THE RECORD, CAN YOU, UM, WHAT DOES THE ACRONYM STAND FOR? OH, TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. THEY'RE THE REGULATORY AGENCY THAT OVERSEES THE LANDFILL. AND, AND WHEN WAS THE LAST COMPLAINT, UH, SUBMITTED TO TCEQ? I THINK IT WAS IN MAYBE 18. UH, TAKING A LOOK RIGHT NOW AS, AS RECENT AS, UH, 2021, WE HAVE ANY REASON TO. SO, SO THE THE COMPLAINTS ARE, ARE, ARE VERY REAL, CORRECT? YES. UH, THE, THE COMPLAINTS, WHETHER IT IS LANDFILL SMELLS OR THERE'S A DISCHARGE ONTO MY PROPERTY, UH, ANY OF THOSE THINGS CAN BE MADE AND A COMPLAINT IS FORMALIZED. UH, THEN TCEQ INVESTIGATORS GO OUT TO THE SITE, THEY LOOK AROUND AND SEE IF A VIOLATION OF THEIR PERMIT HAS, HAS OCCURRED, UH, IN ONLY ONE OF THOSE CASES. AND IT WAS EROSION OF A SIDE SLOPE, UM, WAS A VIOLATION NOTED IN ALL OTHER CASES, NO FURTHER ACTION WAS REQUIRED. SO WHAT I'M, I'M LEFT WITH HERE, AND CORRECT ME IF, IF I'M WRONG, UH, YOU BELIEVE THAT A, A TEST HAS BEEN DONE ON THE WATER ANNUALLY FOR CONTAMINANTS, BUT YOU DO NOT KNOW, YOU HAVE NOT SEEN THOSE REPORTS AND YOU DON'T KNOW WHAT THE CONTAMINANTS WERE IN THE LAKE REGARDLESS OF THE THRESHOLD. CORRECT? I I DO NOT KNOW WHAT CONSTITUENTS WERE LISTED IN THOSE REPORTS. AND THERE'S HUNDREDS OF THEM THAT ARE LISTED AND THEY HAVE TO SAMPLE FOR. HAVE THERE BEEN ANY AIR QUALITY, UH, REPORTS AS A PART OF, UH, THE REVIEW? YES, SIR. THE SITE MAINTAINS ITS AIR PERMIT AS WELL, UH, SINCE IT'S CLOSED, UM, SINCE THE LANDFILL IS CLOSED, UH, I DIDN'T LOOK AT THE AIR QUALITY PERMITS SINCE THOSE WOULD'VE TERMINATED BACK IN OH FOUR, I BELIEVE. BUT I CAN CHECK, UH, THE COMPLIANCE HISTORY FOR THE AIR PERMIT AS WELL, IF YOU'D LIKE. IT. IT, IT SOUNDS LIKE THERE ARE SEVERAL PARTIES WHO BELIEVE THAT THERE COULD BE A CAUSATIONAL CAUSATIONAL CONNECTION, UH, BETWEEN, UH, THE FLOODING AND THIS LAKE. AND FROM YOUR TESTIMONY IT COULD BE UNFOUNDED. DO YOU THINK THE COMMUNITY WOULD BENEFIT, UH, FROM HAVING YOURSELF, ENGINEERS AND OTHER STAKEHOLDERS TO COMMUNICATE WHAT'S ACTUALLY GOING ON AT THAT LAKE AND PROVIDE [05:25:01] THE SCIENTIFIC, UH, EVIDENCE OF WHY, UH, THE COMMUNITY IS SAFE FROM ANY CONTAMINANTS AND THE AIR POLLUTION AND NOT AT RISK OF FLOODING, UH, BECAUSE OF THE LAKE? YOUR QUESTION IS, DO I THINK THEY WOULD BENEFIT FROM THAT INFORMATION? UH, I THINK ANYBODY WOULD BENEFIT FROM THAT INFORMATION. UM, AS FAR AS HOW TO GET IT, HOW TO PROVIDE IT, I DON'T HAVE THE FIRST IDEA. UM, YOU CANNOT PROVE NOTHING'S THERE. THAT'S, THAT'S NOT GONNA HAPPEN. BUT YOU CAN PROVE THAT UH, THINGS HAVE BEEN TESTED, SCRUTINIZED, AND THE OUTCOMES CORRECT. SURE. AND THAT HAS BEEN DONE SINCE THE LAST TIME THERE WAS ANY INDUSTRIAL ACTIVITY OF ANY KIND AT THIS FACILITY AT SU 7 98. SO NOW YOU CONFUSED ME. SO THE LAST TIME IT WAS DONE 20 YEARS AGO? NO, IN SUP 7 98, THERE HAS BEEN A TEST SINCE THE LAST TIME ANY INDUSTRIAL ACTIVITY WAS DONE THERE, WHICH WOULD BE THE LAST TIME ANY CONTAMINANTS SHOULD BE THERE. ANYTHING ELSE IS WASHING FROM UPSTREAM. YOU KNOW, THERE'S, THERE'S NO INDUSTRIAL ACTIVITY AT THE LANDFILL THAT ISN'T MONITORED BY ITS MONITORING SYSTEM, UH, WHICH HAS NOT INDICATED ANY LEACHATE OF CHEMICALS OF ANY KIND. AND SO ANYTHING THAT'S IN THAT LAKE WAS NOT DETECTED BY THE MONITORING SYSTEM IS COMING FROM UPSTREAM. DO YOU FOLLOW THAT? Y YES, BUT I, I DON'T RECALL YOU GIVING ME WHEN THAT WAS, WHEN THAT WAS DONE PERFORMED. THAT'S WHAT I'M LOOKING FOR RIGHT NOW. OKAY. UM, I WOULD HAVE TO CHECK WITH THOMAS TO SEE WHEN HIS TEST WAS DONE. I THINK HE SAID HE MOVED THERE ABOUT 10 YEARS AGO, SO SEVEN YEARS AGO. BUT HE'S THE THIRD PARTY. I'M ASKING WHAT MESQUITE LANDFILL OR IN CONJUNCTION WITH THE CITY, UH, HAVE TAKEN THE STEPS TO TEST THE LAKE. I UNDERSTAND. UM, THERE HAS BEEN NO CAUSE TO TEST THE LAKE BECAUSE THERE HAS BEEN NO INDICATION OF CONTAMINANTS. AND WHAT WOULD YOU LOOK FOR AS INDICATIONS OF CONTAMINANTS THEN? SO ANY INDICATIONS FROM THE LANDFILL'S MONITORING WELL SYSTEM THAT THERE IS, UH, A LEAK OF ANY KIND, THERE ARE ANY OTHER SOURCES OF CONTAMINANTS THAT COULD BE INCLUDED IN THAT LAKE? SURE, THERE ARE, THERE'S 300 ACRES OF THEM ALL UPSTREAM. AND SO IT'S SAFE TO SAY THAT, UH, IT COULD BE CONTAMINATED, BUT IT'S JUST NOT THE CONTAMINATIONS FROM THE LANDFILL ITSELF. THERE'S THE POTENTIAL IT COULD BE CONTAMINATED. YES, SIR. UM, AGAIN, BECAUSE IT'S DOWN GRADIENT OF THE LANDFILL'S MONITORING SYSTEM, THERE'S A GOOD CHANCE THAT THOSE CONTAMINANTS, IF THEY EXISTED, WOULD BE CAUGHT. MORE THAN LIKELY WHAT WE'RE TALKING ABOUT IS OIL AND THINGS THAT SIT ON THE TOP OF THE WATER AND AGAIN, SORT OF LIKE A PARKING LOT AND JUST MOVE ON DOWNSTREAM AND DON'T HANG AROUND AND GET INTO THE GROUNDWATER. ANOTHER PART OF CLARIFICATION THAT THE 12 MONITORING PUMPS, THEY ARE AT THE SUP 7 98 AND ACTIVELY MONITORING THE LAKE. THEY ARE AROUND THE LANDFILL, WHICH IS DOWN GRADIENT FROM THE LAKE. OKAY. AND THERE'S, I THINK THREE RIGHT AROUND THE CORNER. SO AS YOU MOVE EAST TO WEST AROUND THE LANDFILL'S EDGE, THERE'S THREE WELLS RIGHT THERE THAT WOULD BE PRIME CANDIDATES TO DETECT ANY, ANY CONSTITUENTS IN THE GROUNDWATER? I'VE GOT A MAP, I DON'T KNOW IF I CAN LOAD THAT UP OR NOT, BUT I'VE GOT A GROUNDWATER MAP AND SOME OTHER PHOTOS IF YOU'D LIKE TO SEE THEM. YES, I WOULD LIKE TO SEE ANY REPORTS, ANY DOCUMENTS OR ANYTHING. IT'S, CAN YOU SEE HOW IT WOULD BE HARD FOR THE, UH, FOR THE COMMUNITY TO TAKE, JUST TRUST ME, TRUST ME ON THIS AND THAT THE REPORTS HAVE HAPPENED? UH, YES SIR. I CAN UNDERSTAND. UM, IT'S DIFFICULT, I GUESS IT'S DIFFICULT TO SAY THAT WE TEST, WE'RE NOT TESTING ENOUGH BECAUSE THERE HASN'T BEEN A CAUSE TO, YOU KNOW, IT'S IF YOU'RE TRYING TO SELL A HOUSE AND THEY ASK, WELL, DID YOU TEST THE SOIL? WELL, THERE'S BEEN NO CAUSE TO, UH, THAT DOESN'T MEAN THERE'S NOTHING THERE. THAT DOESN'T MEAN THAT SOMETHING COULDN'T HAVE HAPPENED. IT JUST MEANS, WELL, THERE'S BEEN NO CAUSE TO, WE MONITOR THE DOWN GRADIENT SITE REGULARLY, UH, WITH NO CAUSE OF ANY KIND AT ANY TIME THAT THERE'S A PROBLEM. SO COMMISSIONER FRANKLIN, WERE THERE ANY OTHER DOCUMENTS OR ANYTHING THAT YOU WOULD LIKE FOR MR. MARSH TO, WE CAN TAKE A BREAK IF YOU WANT HIM TO KIND OF, YES. OKAY, WE CAN DO THAT. LET'S TAKE A 10 MINUTE BREAK AT 4 23 AND, UH, PLEASE FIND ALL YOUR DOCUMENTS, SIR. COMMISSIONER, IT'S 4 33. WE'RE BACK ON THE RECORD. COMMISSIONER FRANKLIN. UH, THANK YOU MR. CHAIR. [05:30:01] I KNOW YOU ARE, UH, TRYING TO COLLECT, UH, DOCUMENTS. OH, MR. MARSH. ALRIGHT. YES SIR. SO YOU'RE TRYING TO COLLECT DOCUMENTS. I, I KNOW I'VE REQUESTED DOCUMENTS, UM, I GUESS A MONTH AGO TODAY REQUESTING SPECIFIC INFORMATION AND SUPPORT OF, OF WHAT WAS TESTED AND WHAT THE, THE OUTCOMES AND THE, THE UNDERLYING ANALYSIS FOR THOSE REPORTS. IT SOUNDS LIKE YOU HAVE THEM NOW AND YOU'RE GETTING 'EM SENT OVER. SO WHAT I'M GONNA DO, I'M GOING TO, I'M GONNA HOLD THIS, UH, YOU SEND THAT OVER TO ME AND I'LL TAKE A LOOK AT IT AND I'LL KEEP THIS UNDER ADVISEMENT WHENEVER IT'S THAT TIME TO DO SO, JUST TO, FOR THE EFFICIENCY OF TIME. THANK YOU. COMMISSIONER FRANKLIN. MR. MARCH, UH, VERY RESPECTFULLY REQUEST THAT YOU SEND THE DOCUMENTS OVER TO COMMISSIONER FRANKLIN. UH, YOU KNOW, THE WAY OUR PROCESS WORKS HERE IS THAT WE, WE ASSUME WHEN THE COMMISSIONER REQUESTS FOR INFORMATION THAT HE RECEIVES IT, YOU KNOW, THIS, THIS, THE HORSESHOE AND THE TIME AROUND THE HORSESHOE IS NOT A TIME TO BE EXPLORING AND ASK HIM FOR THINGS THAT HE WE'VE ASKED FOR BEFORE. IT'S JUST NOT AN EFFICIENT USE OF OUR TIME. SO I PLEASE RESPECTFULLY REQUEST, LET'S GET HIM ALL THE INFORMATION THAT HE NEEDS AS SOON AS HE CAN SO THEN HE CAN REENGAGE WITH YOU AND THE, AND THE FOLKS FROM THE COMMUNITY COMMISSIONERS. ANY OTHER QUESTIONS? YES, COMMISSIONER FORESITE. I WOULD LIKE TO ASK, UH, UH, DR. ANDREA TO HELP ME TO UNDERSTAND, UH, ON PAGE 18 TWO OF THE CASE REPORT, IT STATES THE EXISTING LAKE ALSO EXISTS WITHIN THE NEIGHBORING SUP 7 99 AND IT SAYS SUP 7 99 IS NOT PART OF THIS APPLICATION AS IT ALSO INCLUDES A PROPERTY UNDER DIFFERENT OWNERSHIP OVER A HALF MILE TO THE SOUTH. NOW WE HEARD IN THE TESTIMONY FROM, UH, WHAT WAS YOUR KNOW, I'M SORRY, CHARLES MARSH FROM MR. MARSH THAT, UH, MESQUITE LAND OWNS THE OTHER PART OF THE LAKE THAT'S SUPS 99, UH, 7 99. SO WHY AREN'T WE ADDRESSING ALL THIS TOGETHER? BECAUSE THE APPLICANT HAS TO ASK FOR IT. SO THE APPLICANT ONLY APPLIED FOR AMENDMENT OF THE SUP SEVEN, UH, 98. UH, THE, I MEAN THE CPC CAN OBVIOUSLY AUTHORIZE A HEARING ON THE OTHER SUP IF YOU WISH SO, BUT STAFF CANNOT INITIATE A REZONING ON A PROPERTY. WELL, IF THERE'S A PROBLEM WITH 7 98, WOULDN'T THERE BE A SIMILAR PROBLEM WITH 7 99? AGAIN, AS I SAID, AND THAT'S WHAT, UH, THE REPRESENTATIVE EXPLAINED AS WELL, BUT, UH, ONLY THE OWNER OF THE PROPERTY CAN INITIATE A REQUEST FOR A REZONING OR CITY COUNCIL. YOU SEE WHAT I'M SAYING? I HAVE A FOLLOW COMMISSIONER FORT. I THINK I KNOW WHAT YOU'RE ASKING 'CAUSE WE TALKED ABOUT IT AND I I THINK I UNDERSTOOD THE ANSWER. PLEASE CORRECT ME. YOU WHAT YOU'RE SAYING IS THAT THE OTHER PIECE THAT COMMISSIONER FORSIGHT NOT SPOKE ABOUT BEFORE DOESN'T HAVE THE SUP ON IT. WELL, GOD, IT HAS A DIFFERENT, IT HAS A DIFFERENT SUP AND TODAY WE'RE ONLY SEEING ONE OF THE TWO SUVS. THAT IS CORRECT. BUT COMMISSIONER FORESIGHT'S QUESTION IS WHY AREN'T WE ADDRESSING THE OTHER SUP? AND MY ANSWER IS THAT WE DON'T ADDRESS REZONING ON OTHER PROPERTIES UNLESS THE OWNER ASKS US TO BECAUSE ONLY THE OWNER HAS THE PERMISSION OR THE RIGHT TO ASK OR CITY COUNCIL. BUT OF COURSE I DON'T KNOW THE, THE OTHER SUP, BUT IF THERE'S AN ISSUE WITH THIS SUP ON ONE HALF OF THE LAKE, WOULDN'T THE SAME PROBLEM APPLY TO THE SEP ON THE OTHER HALF OF THE LAKE? AND SHOULDN'T WE BE ADDRESSING BOTH AT THE SAME TIME? SO THIS NEVER BECOMES AN ISSUE AGAIN. SO I WOULD SAY THAT THE TWOS ARE IDENTICAL TO YOUR FIRST QUESTION. YES, THEY ARE IDENTICAL SUVS. WHY DID WE PUT IDENTICAL SUVS? ONE TO CLOSE TO ONE ANOTHER. YOU ARE GONNA HAVE, I'M GONNA HAVE TO GO IN A 1980 PLANNER CITY COUNCIL MIND. UH, YES, BUT AS I SAID, WE CANNOT BECAUSE A REZONING WAS NOT INITIATED FOR THE OTHER PROPERTY. COMMISSIONER CARPENTER I'D ABOUT TO CALL THE QUESTION. OKAY. UH, YOU HAVE A QUESTION, ? YEAH, THAT WAS A MOTION. COMMISSIONER CARPENTER? YES. ALL RIGHT, CALL THE QUESTIONS. ALL RIGHT, AND SECONDED ANY DISCUSSION? OKAY, COMMISSIONER FRANKLIN, PLEASE, YOU HAVE A MOTION, SIR? YES. IN THE MATTER OF Z 2 1 2 DASH 1 3 1, I MOVE TO KEEP THE PUBLIC CARE OPEN AND HOLD THIS MATTER UNDER ADVISEMENT UNTIL, WHEN IS THE FIRST APRIL DATE? OH, WE'LL GET THAT THIRD OR 10TH, EITHER THIRD OR 10TH. LET'S SEE, [05:35:04] IT'S THE 10TH I THOUGHT IT WOULD BE. OKAY, FOUR 10 UNTIL APRIL 10TH, 2025. THANK YOU. UH, COMMISSIONER FRANKLIN AND I SECONDED YOUR MOTION. ANY DISCUSSION? SEE NONE OF THOSE IN FAVOR. SO SAY AYE. SAY AYE. ANY OPPOSED? A HAVE IT, UH, COMMISSIONERS, WE'RE GONNA MOVE ON. LITTLE CASE IN FRONT. NUMBER 30? YES, WE'LL GO TO 30, 34. 35. OKAY. WE'LL [35. 25-888A Consideration of amending the Dallas Development Code Division 51A-8.600 - Infrastructure Design and Construction under Section 51A-8.601 - General Standards: (b) All street paving, storm drainage, bridge, and culvert design and construction must conform to the standards, criteria, and requirements of the following, as they may from time to time be amended by those responsible for their promulgation, except that the design criteria in effect on the date the commission approves the preliminary plat must be used to design the infrastructure.] GO TO 35 COMMISSIONERS FIRST AND THEN WE'LL GET BACK ON ORDER. GOOD AFTERNOON. YES. HI, MY NAME IS LINDA RIVERA VELES. I'M THE ASSISTANT DIRECTOR OVER THE COMMERCIAL PERMITTING AND ENGINEERING IN PLANNING AND DEVELOPMENT ITEM 10 35 PAVING AND DRAINAGE CODE AMENDMENT CONSIDERATION OF AMENDING THE DALLAS DEVELOPMENT CODE DIVISION 51 8 8 0.600 INFRASTRUCTURE DESIGN AND CONSTRUCTION UNDER SECTION 51 A 8.601, GENERAL STANDARDS ITEM B, ALL STREET PAVING, STORM DRAINAGE BRIDGE AND CULVER DESIGN AND CONSTRUCTION MUST CONFORM TO THE STANDARDS, CRITERIA AND REQUIREMENTS OF THE FOLLOWING AS THEY MAY FROM TIME TO TIME BE AMEND BY THOSE RESPONSIBLES FOR THEIR PROMULGATION. EXCEPT THAT THE DESIGN CRITERIA IN EFFECT ON THE DATE THE COMMISSION APPROVES THE PRELIMINARY PLAN MUST BE USED TO DESIGN THE INFRASTRUCTURE. OUR STAFF RECOMMENDATION IS TO MOVE TO CITY COUNCIL WITH A RECOMMENDATION OF ADOPTION OF THE PROPOSED AMENDMENTS. THANK YOU VERY MUCH. UH, IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON THIS ITEM? THIS IS NUMBER 35 ON PAGE 14. COMM. ANY QUESTIONS FOR STAFF ON THIS ITEM? SEEING NONE, CAN I HAVE A MOTION, MR. RUBIN? SURE. IN THE MATTER OF, UH, THE PLANNING DEVELOPMENT CODE AMENDMENT ITEM 25 DASH 8 88 A, I MOVE THAT WE, I DON'T IF THIS IS PUBLIC HEARING OR NOT, CLOSE THE PUBLIC HEARING AND, UM, MOVE THE ITEM ON TO CITY COUNCIL WITH A RECOMMENDATION OF ADOPTION OF THE PROPOSED AMENDMENTS. THANK YOU VICE FOR YOUR MOTION THEN COMMISSIONER CARPENTER FOR YOUR SECOND. ANY DISCUSSION? SEEING NONE. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? I HAVE IT. THANK YOU. THANK YOU FOR JOINING US. OKAY, COMMISSIONERS, WE'LL GO BACK TO [SUBDIVISION CASES – CONSENT] OUR SUBDIVISION DOCKET CONSENT AGENDA ITEMS CONSISTING OF CASES 19 THROUGH 33 WITH NUMBER 25 COMING OFF CONSENT. SO WE'LL DO 19 THROUGH 24 OR 26 THROUGH 33 UNLESS THERE IS SOMEONE HERE THAT WOULD LIKE TO PULL A CASE OFF CONSENT. IS THERE ANYONE HERE THAT WOULD LIKE TO SPEAK ON ANY OF THOSE ITEMS? 19 THROUGH 24. 26 THROUGH 33 25 WILL BE DISPOSED OF INDIVIDUALLY. OKAY. GOOD AFTERNOON. GOOD AFTERNOON. GOOD AFTERNOON CHAIR. COMMISSIONERS AL THE CONSENT AGENDA CONSISTS OF 14 ITEMS. ITEM 19 S 2 45 DASH 0 91, ITEM 20 S 2 45 DASH 92, ITEM 21 S 2 4 5 DASH 0 93, ITEM 22 S 2 45 DASH 0 94, ITEM 23 S 2 45 DASH 0 96, ITEM 24 S 2 4 5 DASH 0 97. ITEM 26 S 2 4 5 DASH 0 99, ITEM 27 S 2 4 5 DASH 100. ITEM 2 28 S 2 4 5 1 0 1. ITEM 29 S 2 4 5 DASH ZERO TWO ITEM 30 S 2 4 5 DASH ZERO THREE ITEM 31 S 2 4 5 DASH ZERO FOUR ITEM 32 S 2 4 5 DASH 1 0 5, ITEM 33 S 2 45 DASH ZERO SIX. ALL CASES HAVE BEEN POSTED FOR A HEARING AT THIS TIME. AND STAFF RECOMMENDATION IS APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED IN THE DOCKET AND OR AS AMENDED AT THE HEARING. THANK YOU. THANK YOU VERY MUCH, COMMISSIONERS. ANY QUESTIONS ON ANY OF THESE ITEMS? [05:40:02] SEEING NONE. COMMISSIONER KINGTON, DO YOU HAVE A MOTION FOR 19 THROUGH 24 AND 26 THROUGH 33? YES. FOR THE ITEMS JUST READ INTO THE RECORD. I MOVE THAT WE CLOSE THE PUBLIC HEARING AND APPROVE THEM SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED IN THE DOCKET. THANK YOU, COMMISSIONER KINGSTON FOR YOUR MOTION. AND COMMISSIONER CARPENTER FOR YOUR SECOND. ANY DISCUSSION? SEE NONE. ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? MOTION CARRIES. WE'LL GO TO NUMBER [25. 25-878A An application to replat a 0.551-acre tract of land containing all of Lots 4, 5 and 6 in City Block 4/2042 to create one lot, on property located on Bowser Avenue, southeast of Hawthorne Avenue.] 25. WOULD ANYBODY LIKE IT BRIEF BEFORE WE HEAR IT? WOULD YOU LIKE IT? BRIEF? YEAH, HONOR. OKAY, MR. HELM, I THINK WE HAVE A PRESENTATION SOMEWHERE UPLOADED FOR YOU FOR 25. IT'S, UH, S 2 45 0 9 8. I THINK WE'RE, WE'RE GONNA BRIEF HER REAL QUICK, MR. BALDWIN, AND THEN OH, GREAT. YEAH. THANK YOU SIR. THANKS. SO, S 2 45 DASH 0 98 IS AN APPLICATION TO REPLA, A 0.551 ACRE TRACK OF LAND CONTAINING ALL OF LOTS FOUR, FIVE, AND SIX AND CITY BLOCK FOUR OVER 2 0 4 2 TO CREATE ONE LOT ON PROPERTY. LOCATED ON BOWSER AVENUE SOUTH OF AVENUE. THE PD IS 1 93, MF TWO. UM, THERE IS A, THERE WAS A PLA SUBMITTED BEFORE, IF YOU CAN SEE IN THE HISTORY. UM, AT THAT TIME IT WAS SUBMITTED AS TWO LOTS TO CREATE ONE LOT. UH, NEXT SLIDE. UM, UH, WE ARE SEEING THE AERIAL MAP. UM, LET'S GO TO THE NEXT SLIDE. SO, UM, IF WE CAN ZOOM IN. NO. OKAY. SO IF, UM, HOW WE ANALYZE TO APPROVAL IS IF WE SEE ON THE EAST LINE OF BOWSER AVENUE, THE LOT, UH, PATTERN IS AREA DEFOREST FROM 5,000, 3000 ACTUALLY SQUARE FEET TO 39,000 SQUARE FEET. AND IF WE SEE ON THE, UM, WEST LINE OF BOWSER AVENUE, THE LOT AREAS EXPANDS FROM 2000 SQUARE FEET TO 17,000 SQUARE FEET. SAME AS IF WE SEE ON THE EAST LINE OF BOWSER AVENUE, THE LOT WIDTH, UH, EXPANSE FROM 50 FEET TO 250 FEET. AND IF WE SEE ON THE, UM, WESTLINE OF BOWSER AVENUE, THE LOT WIDTH, UH, EXPANSE FROM 10 FEET TO HUNDRED NINE FEET, THAT'S HOW THE, I LOOKED AT THE LOT PATTERN AND IT HAS A VARIATION OF LAW PATTERN. THAT'S HOW THE CASE WAS, UH, RECOMMENDED FOR APPROVAL. ANY QUESTION? QUESTIONS? COMMISSIONERS? OKAY, CAN YOU READ INTO THE RECORD PLEASE? S 2 4 5 DASH 0 98. AN APPLICATION TO REPLAT A 0.551 ACRE TRACK OF LAND CONTAINING ALL OF LOTS, FOUR, FIVE, AND SIX IN CITY BLOCK FOUR OVER 2 0 4 2 TO CREATE ONE LOT ON PROPERTY LOCATED ON BOWSER AVENUE SOUTHEAST OF HAWTHORNE AVENUE. ALL CASE OTHER CASES HAVE BEEN POSTED FOR A HEARING AT THIS TIME. AND STAFF RECOMMENDATION IS APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS [05:45:01] LISTED IN THE DOCKET OR AS AMENDED AT THE HEARING. THANK YOU. THANK YOU. SEE THE APPLICANT IS HERE. GOOD AFTERNOON. WELL, GOOD AFTERNOON. UM, ROB BALDWIN 3 9 0 4 ELM STREET, SUITE B. I APOLOGIZE. NORMALLY I HAVE A PRESENTATION WHEN I DO THESE, BUT I DIDN'T KNOW I WAS INVOLVED WITH THIS TILL ABOUT ONE 30 THIS AFTERNOON WHEN I GOT TAKEN OFF THE CONSENT AGENDA. SO, UM, I'M GONNA RELY ON, ON THIS PRESENTATION, UH, IF YOU DON'T MIND. UM, SO THE PROPERTY OWNER, THE INTERESTING THING IS IN SEPTEMBER HE HAD TWO LOTS. HE GOT THAT APPROVED AS A REPL TO PUT INTO ONE LOT THE LOT. NEXT DOOR CAME UP FOR SALE. HE BOUGHT THAT AND WANTED TO REPL ALL THREE LOTS INTO ONE. BUT THE, THE FUNNY THING ABOUT THE CITY OF DALLAS SUBDIVISION REGULATIONS IS YOU HAVE TO WITHDRAW YOUR EARLIER PLAT BEFORE YOU CAN FILE YOUR NEW PLAT. SO, UH, DIDN'T THINKING, HE DIDN'T THINK THERE WAS GONNA BE AN ISSUE, WITHDREW HIS ORIGINAL PLAT THAT JUST GOT APPROVED IN SEPTEMBER, FILED THIS ONE. AND I SUSPECT THE PLAN COMMISSIONER HAS A 8 0 5 0.3 CONCERN ON THIS. UM, I DON'T KNOW THAT FOR SURE, BUT THAT'S MY GUESS. THAT'S WHY WE, WE WOULD GET PULLED. BUT IF YOU, IF YOU SAW MY PRESENTATION, I WOULD SHOW UP A MAP. IT LOOKED A LOT LIKE THIS. AND YEAH, THE, THE, THE BLOCK THAT WE'RE ON, KEEP IN MIND THIS IS ON PD 1 93, MF TWO, SO IT'S A MULTI-FAMILY DISTRICT. THERE'S MULTI-FAMILY BUILDINGS. UH, YOU KNOW, AT ONE TIME I WOULD THINK THAT THIS WHOLE AREA WAS PROBABLY THE TRADITIONAL 50 BY ONE 50 LOTS THAT YOU FIND IN THIS PART OF DALLAS. THERE'S SIX LOTS LEFT IN THIS AREA THAT RETAIN THE, WHAT I WOULD CONSIDER THE ORIGINAL, UH, CONFIGURATION. THE LOT AT THE VERY END, UH, OF THE STREET. JUST EAST OF US HAS BEEN TWO HOUSES BEEN PUT OFF THERE AND IT'S, IT'S BEEN, UM, SOLD OFF BEHIND US. THE LOTS HAVE BEEN COMBINED ACROSS THE STREET. THE, THE LOTS HAVE TURNED INTO SHARED ACCESS WHERE THEY'RE VERY SMALL LOTS. IN FACT, THESE ARE THE OLD ONES BACK WHEN YOU COULD DO FLAG LOTS. AND THESE LOTS ACTUALLY HAVE THREE FOOT, UH, CONNECTIONS TO THE STREET. SO, AND THEN WE'RE ALL OF A SUDDEN THEN NEXT TO US WE HAVE A LARGE, UH, RIGHT ACROSS THE STREET. WE HAVE A LARGE COMMERCIAL BUILDING. THESE LOTS UP HERE ARE NOT IN CONFORMANCE TO THESE LOTS. THESE LOTS ARE NOT IN CONFORMANCE TO THESE LOTS. THESE LOTS ARE NOT IN CONFORMANCE TO THESE LOTS. THESE LOTS ARE NOT. I WOULD ARGUE THAT WE DO NOT HAVE ESTABLISHED LOT PATTERN IN THIS, IN THIS AREA. AND HOPE YOU CAN, UH, AGREE WITH ME. I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU VERY MUCH. THANK YOU. IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS ITEM? COMMISSIONER QUESTIONS FOR MR. BALDWIN. QUESTIONS FOR STAFF? SEEING NONE. COMMISSIONER KESTON, DO YOU HAVE A MOTION? YEAH, IN THE MATTER OF S 2 45 DASH 0 9 8 A MOVE THAT WE CLOSE THE PUBLIC HEARING AND APPROVE, IT'S SUBJECT TO COMPLIANCE WITH CONDITIONS LISTED IN THE DOCKET. THANK YOU COMMISSIONER KINGSTON FOR YOUR MOTION AND VICE CHAIR RUBIN FOR FOR YOUR SECOND. ANY DISCUSSION? I SEE NONE. ALL THOSE IN FAVOR SAY AYE. ANY OPPOSED? AYES HAVE IT. THANK YOU VERY MUCH. THANK YOU. COMMISSIONERS WILL GO TO [34. 25-887A An application to replat a 2.296-acre tract of land containing portion of Lot 2A in City Block B/6374 to create one 0.824-acre lot and one 1.472-acre lot and to remove 25-feet platted building line along Stemmons Freeway/ Interstate Highway No. 35E and along Regal Row, on property located on Regal Row and Stemmons Freeway/ Interstate Highway No. 35E, north of Viceroy Drive.] NUMBER 34. 34. MM-HMM 34. YES. NO RUNAWAY ITEM 34 S 2 45 DASH 0 95. AN APPLICATION TO REPLY AT A 2.296 ACRE TRACK OF LAND CONTAINING PORTION OF LOT TWO A IN CITY BLOCK B OVER 6 3 7 4 TO CREATE ONE 0.824 ACRE LOT AND ONE 1.472 ACRE LOT. AND TO REMOVE 25 FEET PLATTED BUILDING LINE ALONG SIEMENS FREEWAY INTERSTATE HIGHWAY NUMBER 35 AND ALONG REGAL ROAD ON PROPERTY LOCATED ON REGAL ROAD AND EMONS FREEWAY INTERSTATE HIGHWAY NUMBER 35 EAST NORTH OF DRIVE. THIS REQUEST REQUIRES TWO MOTION BECAUSE IT IS TO REPL AND IT INVOLVES THE REMOVAL OF THE PLATY BUILDING LINE. THE FIRST MOTION IS TO APPROVE OR DENY REMOVING 25 FEET PLATE PLATTED BUILDING LINE ALONG STEVENS FREEWAY AND ALONG REGAL ROW. AND THE SECOND MOTION IS TO APPROVE OR DENY THE PLAT STAFF RECOMMENDATION ON THE WILLING LINE APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED IN THE DOCKET OR AS AMENDED HEARING STAFF RECOMMENDATION ON RE PLAT IS APPROVAL SUBJECT TO COMPLIANCE WITH THE CONDITIONS [05:50:01] LISTED IN THE DOCKET OR AS AMENDED AT THE HEARING. THANK YOU. THANK YOU VERY, VERY MUCH. UH, ONE THE CHAMBER. IS MR. PATEL ALIGNED? MR. CHAIR? MM-HMM WHILE WE WAIT FOR MR. PATEL, I DO THINK, UM, READING MY NOTES, UM, I DO NEED TO DISCLOSE THAT I RECEIVED A EMAIL COMMUNICATION ON THIS PLAT, WHICH I DID NOT READ. DITO IS THE OUTLINE. MR. YES. COMMISSIONER HAMPTON. WELL I APPRECIATE VICE MR. RUBIN POINTING THAT OUT. I ALSO A COUPLE QUESTIONS, UM, BUT I'M HAPPY TO WAIT IF MR. PATEL IS ONLINE. IF, IF WE WERE WAITING I WAS HAPPY TO ASK THOSE QUESTIONS. YOU, WE CAN GO AHEAD IF YOU HAVE IT PLEASE. COMMISSIONER HAMPTON. SURE. UM, AND MS. SHARMA, I HAD SENT YOU THESE, HOPEFULLY YOU'D HAVE A CHANCE TO LOOK AT 'EM, BUT BASED ON THE CASE REPORT THAT WE HAVE, THERE'S UM, DEVELOPMENT ON THE TWO ADJACENT PARCELS, UM, THAT APPEAR TO BE GREATER THAN THE 15 FOOT SETBACK THAT WOULD BE REQUIRED BY ME THREE, WHICH IS A ZONING FOR THE AREA. DO THOSE ADJACENT LOGS ALSO HAVE THE SIMILAR BUILDING LINE REQUIREMENT? WHEN WE LOOKED AT THE CERTIFIED COPY OF PLAT, THAT PORTION ONLY HAD A 15, UH, 25 FOOT SETBACKS. SO WE THINK IT'S ONLY SPECIFIC TO THIS LOT, NOT ALONG THAT CONTINUOUS RIGHT OF WAY PERMIT. YES, WE DIDN'T SEE THAT. OKAY. AND THEN THIS IS A QUESTION THAT I JUST WANTED TO CONFIRM 'CAUSE IT SHOWS ON THE PLAT, AND YOU CAN SEE IT IN THE AERIAL, THAT THERE'S AN EXISTING FIRE LANE THAT APPEARS TO BE SERVING THE ADJACENT PROPERTY AS LONG AS WHATEVER SEPARATE AGREEMENT THE EASEMENT IS REFLECTED, THAT WILL NOT BE CONSIDERATION OF THIS BODY FOR THE PLAT. IS THAT CORRECT? I COULDN'T UNDERSTAND. THE LAST PART WELL IS, IS THAT ANYTHING THAT WE WOULD CONSIDER IN CONSIDERING THE PLAT, THE EASEMENTS, THE, THE EXISTING FIRE LANE AND ANY EASEMENT THAT MIGHT BE SUBJECT TO THE, THE SEPARATE AGREEMENT? I COULDN'T HEAR THAT CLEARLY. DO YOU WANT, DID ANYONE HEAR IT OR SHOULD I TRY AGAIN ONE MORE TIME PLEASE? SO THERE'S A, A FIRE LANE THAT YOU CAN SEE IN THE EASE OR IN THE AERIAL FIRE. IT IS NOTED AS AN EASEMENT ON THE PLAT. IS THAT ANYTHING THAT IS IN CONSIDERATION FOR THIS BODY OR IS THAT SIMPLY SOMETHING THAT IS NOTED AS PART OF THE PLAT? SO YOU'RE TALKING ABOUT THE FAR LANE IN THE PLAT? YES. WE DON'T LOOK AT THE FAR LANE IN THE PLAT. UM, IT APPEARS TO BE SERVING THE ADJACENT PROPERTY, NOT THIS LOT THAT I DIDN'T LOOK AT IT. OKAY. BUT IS THAT ANYTHING THAT WOULD, WOULD BE A CONSIDERATION FOR THE BODY, UH, WHEN WE LOOK AT IT JUST NOTED AS A CONDITION OF THE PLAT? IS THAT CORRECT? WHEN WE LOOK AT THE PLAT, WE DON'T LOOK AT THE FARLAND. SO I NEED TO, UM, LOOK AT IT MORE. MAYBE IT'S CROSS EASEMENT. I DUNNO. OKAY. IT, IT IS INDICATED ON THE PLAT, SO IT, I'LL I'LL LEAVE IT THERE. THANK YOU MR. CHAIR. THANK YOU MR. CHARLOTTE. THANK YOU COMMISSIONER HAMPTON. OUR, OUR SPEAKER IN FACT IS NOT ONLINE. SO DO WE HAVE ANY MORE QUESTIONS? OKAY, COMMISSIONER HAMPTON, DO YOU HAVE A MOTION? THE FIRST MOTION I DO AND VERY BRIEF COMMENTS IF I HAVE A SECOND IN THE, UH, CASE NUMBER S 2 45 DASH NINE FIVE, I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE REQUEST TO REMOVE THE 25 FOOT PLANTED BUILDING LINE ALONG INTERSTATE 35 E AND ALONG REGAL ROW WITH THE FINDING OF FACT THAT THE REMOVAL OF THE BUILDING NINE WILL NOT REQUIRE MINIMUM FRONT SIDE OR REAR YARD SETBACK LESS THAN REQUIRED BY ZONING, BE CONTRARY TO THE PUBLIC INTEREST, ADVERSELY AFFECT NEIGHBORING PROPERTIES OR ADVERSELY AFFECT THE PLAN FOR ORDERLY DEVELOPMENT OF THE SUBDIVISION. THANK YOU COMMISSIONER HAMPTON FOR YOUR MOTION. COMMISSIONER CARPENTER FOR YOUR SECOND COMMENTS. COMMISSIONER HAMPTON. WELL, I JUST, I APPRECIATED MS. SHAUNA MAKING THE CLARIFICATION. GENERALLY WHEN I SEE A BUILDING LINE, MY PRIMARY CONCERN IS TO MAKE SURE WE'RE NOT IMPACTING ANYTHING THAT HAD BEEN ESTABLISHED IN TRYING TO ADDRESS A BLOCK FACE. SO I APPRECIATE THAT. WITH THAT, I DO THINK THIS IS APPROPRIATE FOR REMOVAL. THANK YOU. THANK YOU COMMISSIONER HEMP. ANY FURTHER DISCUSSION? SEEN NONE. ALL THOSE IN FAVOR SAY AYE. OPPOSED? MOTION PASSES. WE'LL GO TO THE SECOND MOTION IN THE CASE NUMBER S 2 45 DASH 0 9 5. I MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THIS ITEM SUBJECT TO COMPLIANCE WITH THE CONDITIONS LISTED [05:55:01] IN THE DOCKET. THANK YOU COMMISSIONER HEMPTER FOR MOTION. COMMISSIONER CARPENTER FOR YOUR SECOND. ANY DISCUSSION? SEEING NONE OF THOSE IN FAVOR SAY AYE. ANY OPPOSED? AYES HAVE IT. OKAY, THANK YOU. WE'LL GO TO [36. 25-891A Consideration of authorizing a public hearing to consider amending Conservation District #9 “M Streets Greenland Hills”, Subarea 1, being Lots 11 and 12 in City Block D/2172 and containing approximately .33 acres, to allow valet operations and off-street remote parking agreements. This is a hearing to consider the request to authorize a hearing, and not to consider an amendment at this time.] NUMBER 36. AUTHORIZATION OF A HEARING, RIGHT. ITEM NUMBER 36 IS CONSIDERATION OF AUTHORIZING A PUBLIC HEARING TO CONSIDER AMENDING CONSERVATION DISTRICT NUMBER NINE, THE M STREETS AT GREENLAND HILLS CONSERVATION DISTRICT SUB AREA, ONE BEING LOTS 11 AND 12 IN CITY BLOCK D OVER 2172 AND CONTAINING APPROXIMATELY 0.33 ACRES TO ALLOW VALET OPERATIONS AND OFF STREET REMOTE PARKING AGREEMENTS. THIS IS NOT A HEARING TO CONSIDER THE REQUEST, SORRY, THIS IS NOT A HEARING TO CONSIDER THE REQUEST. THIS IS, SORRY. THIS, THIS IS A HEARING TO CONSIDER THE REQUEST TO AUTHORIZE A HEARING AND NOT TO CONSIDER AN AMENDMENT AT THIS TIME. ALWAYS A TONGUE TWISTER. YEAH. UH, COMMISSIONERS, ANY QUESTIONS ON THIS ITEM? OKAY, CAN I HAVE A MOTION? COMMISSIONER KINGSTON, UM, REGARDING, UH, MATTER 36 ON OUR AGENDA, 25 DASH 8 91 A, A MOVE THAT WE AUTHORIZE THE HEARING TO MODIFY CD NINE SUB AREA ONE. THANK YOU COMMISSIONER KESTON. THANK YOU COMMISSIONER HARA FOR YOUR SECOND. ANY DISCUSSION? SEE NONE. ALL THOSE IN FAVOR SAY AYE. IMPOSE IYE. HAVE IT. WE'LL GO TO 37. [37. 25-892A Consideration of authorizing a public hearing to consider amending Chapter 51A of the Dallas City Code, Article X, "Landscaping and Tree Conservation Regulations," to define habitat garden and establish related regulations. This is a hearing to consider the request to authorize a hearing, and not to consider an amendment at this time.] RIGHT. ITEM NUMBER 37, CONSIDERATION OF AUTHORIZING A PUBLIC HEARING TO CONSIDER AMENDING CHAPTER 51 A OF THE DALLAS DEVELOPMENT CODE, ARTICLE 10, LANDSCAPING AND TREE CONSERVATION REGULATIONS TO DEFINE HABITAT GARDEN AND ESTABLISH RELATED REGULATIONS. THIS IS A HEARING TO CONSIDER THE REQUEST TO AUTHORIZE A HEARING AND NOT TO CONSIDER AN AMENDMENT AT THIS TIME. QUESTIONS, COMMISSIONERS. THANKS CHAIR. YEAH, I JUST HAVE ONE QUICK QUESTION. UM, IS THE INTENT OF THIS TO JUST AUTHORIZE HA HABITAT GARDENS TO MEET ARTICLE 10 REQUIREMENTS TO ALSO REQUIRE HABITAT GARDENS ON PARTICULAR DEVELOPMENTS? IT IS TO ESTABLISH STANDARDS THAT ARE UNIFORM FOR THE HABITAT GARDEN, UM, NOMENCLATURE AND REGULATIONS REGARDING THEM SO THAT IF THEY ARE INCORPORATED INTO A ZONING REQUEST OR IF THEY'RE SOMETHING THAT SOMEONE WANTS TO USE, THAT WE HAVE A UNIFORM DEFINITION, IF YOU WILL. OKAY. SO IT SOUNDS LIKE WE'RE JUST PUTTING THE OPTION ON THE TABLE, WE'RE NOT REQUIRING THEM. SO THAT MAKES SENSE TO ME. THANKS. I BELIEVE SO. ANY OTHER QUESTIONS? COMMISSIONER HOUSEWRIGHT? NO, WE, UH, CAN I HAVE A MOTION IN, UH, REGARDED NUMBER 37 ON THE AGENDA, 25 DASH 8 92 A I MOVE THAT WE CLOSE THE PUBLIC HEARING AND I'M SORRY, AUTHORIZE A HEARING, UM, TO CONSIDER HABITAT GARDENS. THANK YOU COMMISSIONER KINGSTON FOR YOUR MOTION. COMMISSIONER HOUSE FOR YOUR SECOND. ANY FURTHER DISCUSSION? SEE NONE. ALL IF FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES. COMMISSIONERS. WE HAVE A MOTION TO ADJOURN AT EXACTLY 5:01 PM OH [APPROVAL OF MINUTES] THE MINUTES. GOSH, WE HAVE THREE DIFFERENT MINUTES. COMMISSIONERS, I ALWAYS FORGET. DO WE, HAVE WE, UH, HAD A MOMENT TO REVIEW THE THREE MINUTES THAT WE HAVE? ANYONE? NO, WE SHOULD WE TABLE THEM? LET'S TABLE THEM. VICE PLEASE, SIR. MOVE TO, UM, HOLD THE MINUTES UNDER ADVISEMENT UNTIL OUR NEXT MEETING, WHICH IS MARCH. MARCH 20TH. 20TH. THANK YOU. THANK YOU MR. RUBIN FOR YOUR MOTION. I WILL SECOND IT. UH, ALL THOSE IN FAVOR SAY AYE. YOU OPPOSED? AYES HAVE IT. HAVE A MOTION TO ADJOURN AT 5:02 PM THANK YOU COMMISSIONERS. ENJOY YOUR SPRING BREAK. WE'LL SEE YOU IN A COUPLE WEEKS. OUR MEETING IS ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.