e [Music] oh [Music] oh [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e [Music] [Music] [Music] [Music] [Music] [Music] e [Music] [Music] [Music] [Music] [Music] [Music] [Music] it is now 7:07 p.m. welcome to tonight's Planning and Zoning Commission meeting of Tuesday September 3rd 2024 members of the Planning and Zoning commission and public May participate in the work session and public hearings of September 3rd 2024 all participants will be able to speak when called upon at this time I would like to explain the procedures to be followed during the meeting the commission has both a consent agenda and an agenda for consideration of individual items items listed on the consent agenda are considered to be routine and non contested item number one citizen comments provides the opportunity for members of the public to address the commission on items that are listed on the consent agenda each speaker will be limited to 3 minutes and the secretary will let you know when one minute is left for all plats and plans conditionally approved or disapproved by the commission the applicant will be provided a written statement of the conditions for the conditional approval or the reasons for disapproval at the end of the meeting these conditions and reasons are not arbitrary they are directly related to the requirements of local government code chapter 212 and include citations to the law that is the basis for the conditional approval or disapproval for individual consideration items I will call the applicant or his or her representative to present the case the applicant will have up to five minutes to present the case which includes all persons representing the application then those wishing to speak in favor and those wishing to speak in opposition will have up to 5 minutes each to present his or her comments prior to speaking please give your name and address remember to speak directly into the microphone as this hearing is recorded for public record any handouts you wish to provide should be given to staff please do not approach the commission the next meeting of the Planning and Zoning commission will be Monday October 7th 2024 the next item on the agenda citizen comments on items listed on the consent agenda April has any one signed up to speak on any item on the consent agenda no one signed up to speak please proceed thank you secretary hack would you please read the consent agenda into the record thank you sir we have three items on the consent agenda the first item is the approval of Planning and Zoning commission minutes of Monday August 5th 2024 the second item is 2024-the 1120 Singleton Boulevard and the third item is um number four on your agenda it's been moved from the disapproval consent agenda to approval and that is item 2024-25 lots for single family residential use located at 828 and 832 Compton Avenue okay do we have a motion for approval of the three items on the consent agenda for approval I'll make a motion for approval okay we have a motion do we have a second second all right we have a motion and a second for approval please vote and the motion passes unanimously all right and on the consent agenda for disapproval thank you sir we have two items on that now and that is um item 20243 30 2-pl um it is platting and replatting of 32 lots for single family residential use located at 4951 4961 4971 Courtside drive and 3800 Doris road the second item on disapproval is on the agenda for disapproval is item 2024-25 DPL it's a replatting of two lots into one lot for commercial use and it is located at 3800 North State Highway 161 and 3803 Esters Road okay we have two items for disapproval we have a motion for disapproval based on the reasons set forth in the staff memo um I make a motion for disapproval okay I'll second all right we have a motion and a second and these are motions based on the report recommendations and the staff memorandum correct great thank you and on the second correct all right please vote and the motion passes unanimously all right on to the individual items item number seven zoning case 224-1 180- zc located at 928 and 930 East 4th Street is the applicant present right we discussed this some in the work session I don't know if you had the chance to attend unfortunately I did not uh my name is Jesse Perez I'm actually speaking on behalf of the applicant she's not present right now that's my mother my name is Jesse Perez out of 3832 Jackson Street um so I just wanted to kind of let you guys know is I think we spoke about it last month just wanting an extended six feet uh in order to have a storage slash break room for the associates that work at the salon and so I just wanted to state that case um and answer any questions you had for me okay great thank you um are there any questions that the Commissioners have for the applicant no thank you very much thank you for your time is there anybody who'd like to speak in favor of this item is there anybody who'd like to speak in opposition to this item there being no further comments I'll return it to the commission for any further again did you have something yeah I'll just ask uh one moment to hold the vote uh we have an issue with the voting thing till Fernando gets it corrected okay um or we can do it by hand which okay well let's let's see is there any further discussion on on it before we get to needed to um that the Commision had the only the only issue I got like we discussed in the work session is that you know they built that addition on that's right there I think that building inspection should have a look at it and make sure it's safe and everything else if we're going to be approving that setback on the uh the addition they did on the house I really don't have an addition or issue with the expansion of the beauty salon it's just that one area where it's only like 6 Ines away from the property LAN yeah let's go ahead and do it by oh it's it's it's been fixed yeah okay then we can accept a motion then Mr chairman I'd like to make a motion for approval to be uh for pling zoning case 20241 180 ZZ to be forwarded to city council for approval a second okay we have a motion and a second for approval please vote and the motion passes unanimously all right so that goes with the recommendation for approval it'll still go to city council they'll have the final decision on it but it'll go with that recommendation all right item number eight chairman Skinner a point of order um as mentioned there were some issues with the uh voting software or whatever on the first uh couple votes could you please for the record correct the consent agenda votes um so that everyone's vote are counted okay I think they were both unanimous votes I think I said that on the the record the the issue is one one of the vote it was showing seven instead of eight so we're just trying to make sure everybody's vote was CED so okay let's go back on the consent agenda for approvals you can just do a clean up and confirm that it was a unanimous vote it showed up on the screen as uh as unanimous but apparently somebody was missing so um was there anyone in opposition no no one in opposition on the consent agenda for approvals and then similarly on the motion on the consent agenda for disapproval was there anyone in opposition no so they were they were unanimous votes even though somebody was missing from the screen great thank you for the cleanup sure thing yeah all right on to item number eight comprehensive plan Amendment 202 24-248129 dzc and um Harbert gears 4526 wildbrier here in Irving um representing the alliance industrial tonight I did did see the work session and uh thought I might first just start out and sort of clarify something you probably all know this already but actually some of these things have changed since I've been around and and uh I'm learning uh but we have the comprehensive plan amendment that we are required to ask for when the uh future land use map which is a component of the plan uh designation does not match what we're asking for for a zoning case so so in fact the case we're withd drawing tonight up on high point where we're demolishing the office building you know when the comprehensive plan Amendment failed then they just just left you know didn't even hear the zoning case you know so technically I didn't lose his zoning case so that was okay and you know it's a difficult uh structure to have to live with because you know I didn't come forward and ask to change you know the designation of this land you know to manufacturing and Warehouse um in fact there's a limited number of kind of groupings you know that you get have to kind of fit into one of those um and and and this particular project you know is as much an office project as it is as it is what you would call a warehouse function you know businesses have warehouses when you go to the dump and buy furniture you know uh you see it all out in the showroom this is kind of the way these business businesses are designed and then they get they go out into the warehouse you know to get you the the one that they ship to you okay so so these are the types of businesses that you know kind of really are are mixed uses and so sometimes it's hard to kind of fit the square peg into the round hole uh in its entirety but that's what we're required to do so we're asking for this uh comprehensive plan change and actually the the uh description you know kind of fits what we're doing it even mentions you know that they want you to have the building look nice you know and this is what uh what we're going to build this is what we're going to build up in up in Las cenus as well um this is a difficult site I live about a block from it so it's kind of a nice store in many ways I drive by it every morning I can promise you that my neighbors will be happy when this looks like this instead of the way um you know that it looks now and then uh just just before I get going uh I heard there was some questions about the letter that I wrote with regards to what I'd heard okay so I actually heard that from a council member when I said hey there's going to be this project come forward and there was a offand remark made about hey you know we had we turned down the apartments there and you know thought should be more of a commercial use uh and so I actually asked staff about that you know said hey you I heard this uh is that true and of course they couldn't recall that uh necessarily the way the way I asked him about it and so I thought well I'll be able to find that meeting uh online so I wasn't able to find that meeting so I thought I watch the meeting and hear the comments for myself uh and the reason why I found out today uh that I couldn't find that meeting because there was no meeting there was no zoning case there was one out there being discussed and it became an issue of the tax credit housing methodology that they wanted to include you know with the Housing Finance Corporation and all that and that was what was turned down okay so I never really got to see that discussion but you know I apologize for that confusion I'm certainly not trying to trying to say that that actually even means anything as you know uh it doesn't um but in this case you know this site's been there for a while it's this uh AMC Theater I I used to go to it it's called starlex this is what it looks like now and has for a while it's all boarded up got various fencing and uh various uh these big concrete blocks are everywhere they try to keep you out of the parking lot although you can just hop over the curb I go out there all the time Snap photos invariably I'm looking at what you see here on the site there's a lot of U people that sort of take advantage of it being vacant that you know may not have anywhere else to live I got nothing against uh people who struggle you know like that uh and you know uh it's it's not the best thing for the neighborhood there's the dumpster in the corner up in the picture anyway uh this is the operation that's just north of us okay so it's a big Walmart big Walmart and they have a lot of trucks and docks and everything and the design of our site will be such that our area where that where the loading and receiving can happen will face the Walmart uh so when we think about compatible uses uh this is a pretty heavily uh truck actually storage and also uh transport that we look at on the north side of our property okay this is what's happening now these periodically get issued these are violations from the city uh telling us that it's you know just basically uh falling apart becoming more and more dilapidated every day and of course everybody who lives around there by the way you know the there's mentioned that within 300 feet you know there's two single family neighborhoods you know well really within 300 ft there's about two single family HS okay and as you extend further out in the direction okay maybe you penetrate into the neighborhood so there's not single family NE homes surrounding all this it's mostly multif family units and I've gone out and knocked on the doors of some of them that are actually at the back of this property it's in their backyard now for them and for everyone this is a uh very topog topographically uh challenge area where it's about 15 feet high in the back and which is great because it serves as a as a burm function you know to uh screen whatever you might want to screen okay there um these types of buildings we've we've U done analysis on about nine of them and we know this mixed use of office in in this business storage there's not a lot of 18-wheeler traffic uh it's minimal and we we surmise based on the data that has been accumulated that 18wheeler trucks may visit this property maybe maybe two a day at the most just depends on the tenants it's not a warehouse distribution facility it's not it's not these beths that you see on 161 you know that have a 100 docks and things like that that's not the purpose that's not the function of the businesses that work here that that become tenants of this building you know they need space to store you know material materials that make their businesses viable so the city doesn't want apartments on this site you can trust me that that's true um I know it was all about the financing before U but I've talked to enough council members and we all know about uh multif family and and the difficulties that multif family projects face particularly politically uh there's no chance this particular site's ever going to be developed as an office you know right now just in Los col Salone we've got 10 million square feet of vacant office space and we've got over 600 acres of vacant land in this city right now that's zon for Office Buildings so this one's just not going to just not going to happen for office retail every retail study will show you that the visibility of this site is not sufficient to make retail viable it's just not going to work um got this development that's come forward that's really kind of new because it's mixing and and really a lot of it had to do with covid um where it's mixing the office uh space demand you know with the business operation demand the business storage and things like that so we're kind of looking at like we think maybe this you know theater May sit here and continue to dilapidate uh absent you know some consideration for what would benefit the Community the city uh and certainly our tax base so so so we're asking you know to be able to uh create this and uh kind of get rid of that the uh concept plan you know this is SP2 so that where shows all the Greening and all that stuff well you know are we going to have all that Landscaping well we don't have to we don't know that that plan is is not the ordinance that shows what has to be developed you know we provide a conceptual plan so you kind of know in general you know what the plan is so the mistake of closing off those two two entrances that we have from the north uh I can promise you that's a mistake on a concept plan uh because that wasn't really the plan that was being uh designed for what we have to do in in specificity because because our study shows that 95% of any 18wheeler that ever comes to the site is going to come through the entrance off of Esters because they're coming off the freeway so trucks are not coming out of this site and going down Pioneer there's nothing down there to go to for an 18wheeler and there's nothing down there for an 18-wheeler to come from so just like Walmart the trucks are coming in and it's a shared access road that we have with Walmart we actually have two we have another one right next to it so we're anticipating that that's where the that's where the trucks are coming if any come in at all one minute remaining on that side now with regards to uh the entrances on Pioneer you know they're right in and right out so so you know that's gonna I'll be included in when we're working with the traffic department to get our project actually approved approved the site plan approved we've got to comply with all the regulations you know for the for the zoning category and all with all considerations and so all that stuff about fire comments and things like that all that gets handled you know when we lay down the plan and say here it is and here's what complies so anyway uh staff mentioned that they you know their role is to consider technical requirements and I understand that and we're getting to the point in our development as a city you know where where we've got some specific areas you know that need attending to that need some flexibility or they'll never be attended to so so the result of when these projects come forward of them failing to get approved it just means that me and my neighbors and all the people Liv in the apartments that we're all worried about you know having an impact on are being impacted you know by what's sitting there becoming more and more dilapidated so when when the when the evaluation is made and they say well is this compatible with the uses well we got a gas station over here and we got a big Walmart dock right here and then we've got big burm over here some apartments over there and apartments across the street nobody no signs have been up nobody's thinking that this project is going to be bad you know that's that lives nearby it or they'd be up here tonight um so when we say that it's going to have a negative negative impact on business one 18wheeler two 18 wheelers a day okay your 's up so you got it finish up quickly coming off of Esters is not going to impact them at all so anyway I appreciate your consideration and be happy to answer any questions great thank you uh do any the Commissioners have questions for the applicant how tall is this building going to be uh it's going to be about 35 ft 35 to 40t I'm not exactly sure so it's going to be taller than Walmart uh Walmart has kind of sat down remember we're up on a hill so yes and the conceptual plan that you give us is showing what roughly 131,000 ft something like that the where it sets on the property yes okay I had a question um I just looking on here it mentions that says starlex is still the owner they are okay then Ian who operated the movie theater um you know they were bought out so I'm not sure starlex is still the name on the ownership um and they have it was mentioned today uh whoever buys that property when we buy it we will not be able to put a theater on there it's deed restricted it'll never be a theater again because they've got one right down the street at the mall so like starlex is putting a deed restriction on it and selling it yes it's it's I assume there wasn't one before they bought it right no there was not there was not but but it's Sol on by AMC theaters now I think uh I'm not quite sure how the ownership changed you know over the years which is one of the reasons why they shut it down um so but yes definitely the deed restriction would be on there because there's another one of their products right in the area Okay so the current the current owner of the property is wanting to sell it adding in a deed restriction that prohibits any movie use absolutely okay um and your plan is tearing down the building that's there so it's going to be a new construction all new okay so just to understand so you are the possible buyer I represent the buyer yes sir okay he's had he's had the land under contract for a little while um we've been working with the city and trying to figure out how to come how to come forward you know any other questions for the applicant right thank you very much thank you all right is there anybody who would like to speak in favor of this item anybody would' like to speak in opposition there not being any further question or further comments I'll return it to the Commissioners for um discussion and ultimately a vote I I'd just like to make a a comment um we have a land use map for a reason and some of us have been through that process once twice uh to review the land use map and the city officials both um employees and city council have said that area needs to be zoned as Regional commercial um we've moved a lot of the manufacturing warehouse to 161 and while I am sensitive to the fact that this is a property that needs development and and the and the neighborhood deserves something nice there um and something new uh I ALS I have a problem with this because just like uh Greenway and high point in Los colus when you get this sort of a mixed idea of office retail um I think we had a tiling company come in I just don't think that's the correct place for this type of um construction so um I'm in favor of keeping it as Regional commercial and denying the request to change it to manufacturing and Warehouse okay yeah I just want to um Echo what I said in the work session um I completely understand the need to redevelop this land I I agree it is an isore which I do want to encourage the owner of that property to maintain it so they don't get code violations um but I just want to say the same thing that I said in the work session question I just don't think it's a compatible um it's a compa I think it's a compatibility issue there are residents that live on the sides a lot of residents that live on the sides um this will be their backyard and so for that reason I it's a compatibility issue I can't vote for it sry question Rees I was just going to make a motion but yeah that's that was my statement was this an agreeance with the two ladies oh unless there anybody else I think you can make if anybody else doesn't have anything to add on I like to make a motion this is uh the first one number eight yes yeah okay chairman Skinner we also need to hold the public hearing we did call for speakers we did oh okay on just the first one I did before I brought it back to the commission yeah okay I'd like to make a motion to city council for disapproval for item number 8 comprehensive plan Amendment 2024-25 [Music] for the public hearing is there anybody else who'd like to speak um in favor of this item anybody who' like to speak in opposition to this item then close the public hearing return it to the commission for any further discussion if needed and a motion on item number nine I'd like to make a motion for disapproval for zoning case 2024-25 zc to city council motion disapproval again we have a motion and a second for recommending disapproval please vote and the motion passes unanimously and we move on to item number 10 this is special fence plan 2024-25 dsfp located at 1101 North MacArthur Boulevard he the applicant present um would you mind coming up I don't know if you heard the work session we did discuss it some but I wanted to see if you want to have anything further to say your name and address first so my name is Leila day and I'm at 1101 North MacArthur Boulevard um I just wanted to say that I'm trying to replace a fence that's already existing with a new upgraded fence and it's going to be a foot taller instead of 5 foot it would be six foot so that's really the only thing I would like to to say okay all right thank you uh do any of the Commissioners have questions for the applicant yeah doesn't look like it great thank you is there anyone who would like to speak in favor of this item okay hello everyone I'm Melissa emert I'm at 128 East St CLA I'm her neighbor also her sister um just to the South um so um let's see it says Billy F day there on the screen that's where my property is um but I'm just want to speak in support of it my driveway is going to come right along the backside of where that fence will be and there's already a fence there I don't have any issues with visibility or anything like that so just wanted to speak and support it's going to be a beautiful new fence and thank you for your time thank you all right anybody else who wanted like would like to speak in favor of this item anybody who'd like to speak in opposition to this item we're not in any hurry I hope there things right this time hello can you you can pull it down a little bit right there or a little further if you want however it works well for you okay uh I'm BR Vasquez I live across the street from from the sister uh Emir family is very emerant family is very nice people and I also know Leila I think if she took down the vinyl fence and had the wooden fence in place it would look very nice uh that'd be a a brown fence a brown fence and a brown fence now all three in a row instead of the white one so I think it would look very nice in our neighborhood make it look good and strong and and very clean looking and also it would be a safety factor and also a sound buffer from North from MacArthur Boulevard because the traffic sounds horrible over there so I'm all for it I think it'd be great thank you thank you all right is there anybody who'd like to speak in opposition to the item no then I will return the close the public hearing and return it to the commission for any discussion and a motion I'd like to make a motion uh unless anyone would like to discuss all right so I I move uh to for on uh special offense project plan 2024 d249 DS SS FP that we approve the application I'll second okay we have a motion and a second recommending approval please [Music] vote and the motion passes unanimously and that does still go to council so you still have to take it before them they have the final decision but it goes with a recommendation to approve all right thank you all right on to item number 11 this is develop plan 2024-25 3-v DVP located at 2150 Kim bro Drive is the applicant present yeah good good evening commission members my name is bavin Patel I'm representing my father Rajan Patel we live at 182 24 Shard oaklane and I'm here to address any questions or concerns that the commission may have regarding the variant setbacks that we have requested okay uh do any of the Commissioners have questions for the applicant I was curious what which HOA controls the this property Cottonwood Valley it is the Cottonwood Valley okay that all right and we've spoken with Cottonwood Valley and also Los cleanist Association um their recommendation was to follow through with City and planning and zoning um but they had no um they did not say anything in regards to the setbacks they were requesting they had no concerns with them on the rear of the property you got that one angle that goes all the way back is that like at the corner of the fence of the neighbors is that like in that back corner near the brick wall and where the wood fence meets that's that angle yeah that's correct okay and there's no issue with your neighbors they didn't send they had no problem with it or anything else no no they had no concerns any other questions for the applicant no all right thank you very much thank you is there anybody who would like to speak in favor of this item is there anybody who'd like to speak in opposition to it then I'll close the public hearing return it to the commission for discussion uh and a motion if there's no further discussion the Commissioners I'd like to move development plan case number 2024-25 DVP to city council for approval so this one this one's for final action so we're the final action on this one then I move to approve it as final action second all right we have a motion and a second um for final action approving of the development plan please vote and the motion passes 7 to1 all right you don't have to go to council because that was Final action on yours it's not usually that way all right on to number 12 zoning case 2024-25 4- zc located at 1532 hux court is the applicant present okay hello my name is Luis Valdez I I live in 1532 H Court okay okay the and you can move the microphone so it's more convenient for you okay so the main reason for my case is my family is growing uh my wife gave birth to our first Su June the 30th and the rooms we have right now are very small and we're planning to grow our family in the future so the main reason for us to do for these case is to have enough space for children in the future where they can have an have enough space and what else yeah that'll be Hada the space I don't know if you guys have any questions okay thank you um do any of the Commissioners have questions for the applicant I are you planning on replacing the fence removing it then no uh so two years ago we had we went through a process a special fence plan it was approved so the fence is uh a few feet away from the where we're going to build the new rooms oh so it won't be an issue then no it won't it was it was we did that two years ago and it was approved so there's a new fence already MH um just to get a confirmation so you're planning a on building a 4100 Square ft home like the total square footage it will be about 4,100 sare ft mm but it's just an expansion so but right now you have about 1,800 mhm right so you will be doubling the size but not doubling I would say it would let me see somewhere but I wouldn't say ding or the okay thanks so I'd like to just be clear the fence along East Irving Heights remains yes but the one along hux Court you're going to have to take part of that down because the house is expanding into that area or just sits behind that fence it will sit be behind the fence yeah thank you I'm sorry I do have one more question and the entire first floor will have a second floor on top yes well yes just on the new on the new piece on the new piece not on the side that you share with your neighbor no okay no I'll stay the same thank you are you adding any additional driveway or parking no no um i' like to make I mean I don't think there are any other I'd like just to make a comment I mean we aren't at the voting stage sorry yeah but do any other questions for the applicant no all right okay thank you very much thank you okay is there anybody else who' like to speak in favor of this item anybody who'd like to speak in opposition to it then I'll return it to the commission for uh any further discussion and for a vote or a motion um my comment a motion the comment will be a that I will be proposing the denial because of the square footage of the home is not compatible with the neighborhood most of the houses on that street which is a really small street are about 1,500 square ft the the houses around there having a 4,100 ft I mean they're literally more than doubling the the size of the of the of the home so I don't believe it's compatible with the neighborhood so my motion is for denial okay it looks like maybe commissioner re has wanted to see something further too if I am not in agreeance can I counter that to another motion how do or do I need to deny that how does that work the motion so I believe typically if we have a motion then it it gets a second then we vote on that you can vote against it okay and then if the motion if his motion recommending disapproval failed then it would be open for New Motion a new motion okay thank you that right okay uh well I'll make well can I make a comment then to second that I completely agree on on the real estate aspect of it but when it comes to him wanting or the family wanting to sell the home at least it will not conform however in this particular situation and scenario and like wanting to expand based on the family size I have to look at it from the perspective of B what's benef going to benefit the family in that case that's my comment okay yeah I have a comment as well um I think the family is requesting the expansion out of necessity um which I completely understand as well I think in this day and age that we're in um a lot of families are needing to convert different spaces to accommodate a growing family and that I completely understand I do understand you know the comment that commissioner Lightfoot put about the parking um I think that's just an issue that we have in Irving is we just have a lot of cars in small spaces right um and so I think that's something that unfortunately you know based on how many cars we can have per bedroom um I'm not against this case because I do see from the Pal's perspective the necessity so yeah any further discussion all right um well kind of Incorporated do you want to go ahead and make that motion my motion um on case son in case um 20 4 d274 dzz it's a for recommendation of denial second okay we have a motion and a second recommending denial please vote and the motion passes 5 to3 uh now that means it goes It goes to city council either way and you'll be able to explain to city council why um why you'd like them to go ahead and Grant it so it's not a final decision tonight it just means it goes to a city council with a recommendation of denial but but is ultimately up to them so all right didn't pass or pass the motion passed defer to yeah all right moving on to item number 13 uh zoning case 202 24-27 6- zc located at 3090 uh Rock Island Road is the applicant present good evening Commissioners my name is Jim dwey with jdjr Engineers 2500 Texas Drive sweet 100 Irving Texas I'm here tonight representing the property owner that would like to Simply add an additional use to his existing zoning he would like to be able to add a laundromat to this place uh there's two existing buildings on the property the one on the West Side the owner actually operates and runs his own business out of he leases the building on the East to a specially balloon Party Supply Company he has plans for four more buildings and in one of those buildings he would like to be able to have a laundromat there is a lot of residential to the south of here uh that could be well served by this additional use um we haven't had any letters of opposition so with that I'd be glad to answer any questions and I respectfully request that you follow the staff recommendation uh to recommend approval to the city council do the Commissioners have any questions for the applic I do Mr D just a quick question um are those two buildings that are existing were those existing buildings that he just improved the facade or those brand new buildings he bought the property vacant and he built he built the first building three or four years ago and he built the last building maybe year and a half they're very nice so I'm assuming I know we can't dictate this but I'm assuming that the additional buildings will be I think he plans on matching the architectural stuff yeah it's very nice any other questions for the applicant no great thank you is there anybody who'd like to speak in favor of this item anybody would' like to speak in opposition to it right then I'll close the public session and return it to the commission for any discussion and a motion if no further comments I'd like to make a motion to approve case 2024 d276 DZ C second okay we have a motion and a second recommending approval please vote and the motion passes unanimously all right item number 14 zoning case 224-279-8737 pronounce that correctly and I think Mr Dewey you're up again I am I'm Jim Dewey with jdjr Engineers 2500 Texas Drive sweet 100 Irving Texas I'm here tonight on behalf of the owners of this townhouse development which is under construction they have are under construction with some of the town houses um phase one was approved a couple of years ago year and a half ago um well the zoning was approved before that and then the first phase of the development was approved U 18 months ago when we did this original zoning we got a variance to the front yard setback to go from 25 to 10 and in most of the residential sub uh District regulations or many of them the front yard the sidey yard can match the front yard if you don't have reverse Frontage Lots which means if you have a lot that's has a sidey yard and the lot behind you has a sidey yard then that sidey yard can match the front it doesn't make a lot of sense to have a sidey yard necessarily more restrictive than the front yard but in particular rth doesn't I guess have that allowance um I kind of thought it did and so I take responsibility when the zoning case was approved all of the Lots shown in green were shown with the 10-ft side setback matching the front um come to find out they tried to pull a building permit for one of the units on the side in Phase One and the it was denied because he said the side yard setback needed to conform to the zoning um which is 15 instead of 10 so I take responsibility for not having that on the site plan to begin with but that was the original intention phase one was platted showing those setbacks at 10 so I think the city staff also kind of said the 10 makes sense because it's already platted that way but we need to be able to get this variant so they can pull a building permit in the future for those lot that would match the initial zoning case so be glad to answer any questions you have I know the staff said there's no apparent hardship maybe not to the staff but a little bit on me there's a little bit of a hardship so um this was always planned to have this number of lots it was shown on the original zoning exhibit and we're just asking for basically for the plan to conform to the spirit of the original zoning so be glad to answer any questions you have regarding this request do any the Commissioners have questions for the applicant was you present during the work session unfortunately I could not be there okay there was some comments made and we asked staff during the work session if this was on the plat originally if you would have included it would they have approved it and they said more than likely they would have moved forward with it so I guess it's just a error on whichever party's um fault on this I I really don't see any issue with it as long as like uh Mr Skinner said in the um work session is the line of sight is matching and everything looks good that's was you know and it's safety fire department's okay with it traffic's okay with it so I really don't see any issue with approving this okay yeah the line of sight Remains the Same because we don't have reverse Frontage Lots so so again the side yard setback will match all the front yard setbacks any other questions for the applicant no right thank you anybody who'd like to speak in favor of this item anybody in opposition then I close the public hearing we return to the commission for any discussion and a motion if there's no further discussion ID like to make a motion for approval to city council for zoning case 20242 78- zc second okay we have a motion and a second recommending approval please vote and the motion passes unanimously all right items 15 and 16 those are the ones withdrawn right they have been withdrawn by the applicant so we move on to our last item which is item number 17 special fence plan 2024-25 at 801 South Jefferson Street is the applicant present sir sitting too long Paul Manley 801 South Jefferson Street first thing I want to do is give you a history lesson the house was built in 1950 the fit was put in in 1958 the chain link fence so that's how long it's been there I bought the house in 1990 so that's how long I've been there uh they came out and they looked or permit whoever uh Transportation looked at it if you look at if you look at it my driveway and the pictures y I were showing in the previous meeting in there my truck is back and it's actually on the SA walk because my mower comes on Thursday and I'll guarantee you that's the day that picture was taken and my gate to the fence is in front of my truck and that's the only way he can get a lawn more through and the second thing is I normally back in because my wife drives my truck and I brother be her be pulling out instead of backing out so so it's that's normally the way it works you know the fence is off the street off the curb 12' 8 in off the curb for be 15t so that's 2 and 1/2t but it's right on the property line if you go that way down the street heading uh what is that the houses F heading East on Britain the two Corner houses both of them have fences that are 6 foot off the curb all the way down their backyard the house is facing them on the what is it whatever the street is in front of Britain that back to them their fences are 6 foot off the curb all the way down so is the problem with visibility had had has nothing to do with it my fence is going to stop there at my driveway so if you do 35 foot on one going down 8th Street 35 foot going down Jefferson Street Street you got good Vision both ways the only person that's going to have a problem seeing is me backing out of my if I'm backing out of my driveway and that's me but there's nothing that I can see in y'all's Provisions that worried about me backing out of my driveway it's people pulling up to the corner going left or right so if that was an issue it would be the same issue on Britain Street and the other Street that's before Britain so there's no been no complaints over this all these years the neighbor behind me they built that house back there what four years ago five years ago she doesn't have a problem she'd love to have the fence up she doesn't like looking in my backyard I used to have dogs but people come down the sidewalk poison my dogs so I don't have them anymore so that's why I want privacy in my yard none of the neighbors have a problem with it they're tickled to death about it so as far as planning goes the sidewalks when they came in to put in the sidewalks in 2003 they put a sign down at the end of my street down there and said $487,000 are your tax money to improve your neighborhood well 6 months after they got the sidewalks in they had to come back and pull them all back up to put new plumbing and stuff in there I don't know who planned that hopefully it wasn't y'all then the second thing they did was they came in they said well we're going to put the sidewalks 4 foot inside the curb the street of the curb but then I got a dce says well you can only water two days a week so I'm going to be out here water in the street so everybody got together on the street and said why don't you put the sidewalks next to the the curb so we don't have grass out there dying that everybody's watering one minute remaining and on the Front Street on on Jefferson Street if you go by my house you'll see my sidewalk is about this far to you from the from the curb out there because in 1956 they were going to come in putting sidewalks and they haven't made it yet so since we hadn't not had them all this time everybody on the street got together and told the city we don't want sidewalks out front everybody can walk in the street so I don't know who was doing the planning then either but since I've been there for 31 years you I pay my taxes I get along my neighbors are great they have no problems with it the permanent section Transportation says they didn't have a problem with it I would appreciate y'all's approval so I can get my fence built thank you very much for your time if you have any questions do any of the Commissioners have questions for the applicant oh you said you you spoke with the neighbor is that the one that approved it is over here on the right but she wouldn't have a problem anyway so the the one on on e8th Street behind you but the one yeah the one behind me yeah she's we've been out there working together we got to uh the lady that used to live there years ago planted a grape vine out there next to the fence and it has been as a battle trying to get this grap Vine out of there so me and her met trying to get the grape vine out of the trees and out of the ground so right now both of us are about halfway down a bottle of vodka trying to figure out how to get the rest of it out of the ground but uh no she don't have a problem with it she she'd be happy if I put the fence up and maybe kill off the Great V and we ain't got to look at each other so so that's pretty much the way it is any other questions for the applicant no I'd just like to make a statement though uh to the applicant we appreciate you coming down and trying to get approval to put up your fence understand when we were talking about visibility that was necessarily for your safety and your neighbors to make sure when you were pulling out we just wanted to make sure that you were aware stuff we were talking about yeah and we also from uh from a commission board we have to look at things years forward so when the house sells 10 years from now 20 years from now that fence is allowed there so that's the stuff we look at so it wasn't necessarily picking on you but we were wanting to make sure that was a issue that was addressed yeah okay no problem so right no more questions all right thank you very much thank you all all right is there anybody else who'd like to speak in favor of this it it good evening my name is Karen Willis I live at 116 East 8th Street and uh I hope you approve his fence because we have been fighting the Great Vines for a while so I just wanted to come here tonight and support him in building his fence so I don't have any issues with it great thank you anybody else who'd like to speak in favor of this item anyone in opposition then I'll return it to the commission for any further discussion and aemotion could I just thank you for making it so entertaining for the last case of the night I love it I love your directness and the humor and I appreciate the history lesson and I think uh Mr Lightfoot has mentioned it was a concern for of other people on the on um 8th Street but we do appreciate it so no other further comments I'd like to make a motion to approve special fense plan 20242 dsfp a second okay we have a motion and a second recommending approval please vote okay and the motion passes unanimously now just a warning as I said before still goes to council so we're not the final decision on it but it goes with a recommendation of approval all right and that is our last item for tonight so the meeting is adjourned at 8:09 p.m. [Music] [Music] [Music]