[1. Hold a Public Hearing, consider, and act upon, the writing of an ordinance for a change in zoning from MultiFamily (MF) to Commercial Corridor - Special Use Permit (CC-SUP) on 0.198 acres to allow for an office use within a residential structure. Property located at 100 S 3rd Street (ZC 2023-14). ]

IS APPROVED. BUT THAT WILL MOVE TO OUR REGULAR AGENDA I DON'T WANT IS TO HOLD A PUBLIC HEARING . CONSIDER AN ACT UPON THE WRITING OF AN ORDINANCE FOR A CHANGE IN ZONING FROM MULTI FAMILY MF TWO COMMERCIAL CORRIDOR. SPECIAL USE PERMIT. C C S U P ON 0.198 ACRES TO ALLOW FOR AN OFFICE USE WITHIN A RESIDENTIAL STRUCTURE PROPERTY LOCATED AT 100 SOUTH THIRD STREET ZONING CASE, 2023. DASH 14, MR HASKINS. THANK YOU. MAYOR MEMBERS COUNCIL, UM, ESTATE OF THE APPLICANT IS REQUESTING UM, TO REZONE ABOUT JUST UNDER 0.2 ACRES THAT'S LOCATED ON 100.

SOUTH. THIRD STREET. UM THIS. UH WHAT THEY'RE LOOKING TO DO IS REZONE IT FROM MULTI FAMILY TO, UH, COMMERCIAL CORRIDOR WITH A SPECIAL USE PERMIT THAT SPECIAL USE PERMIT WOULD ALLOW IT TO CONTINUE TO ALLOW THE PROPERTY TO BE USED AS A COMMERCIAL USE, BUT WITH THE EXISTING RESIDENTIAL STRUCTURE UM THE CONDITIONS ALSO ALLOW FOR A REDUCED FRONT SETBACK OF 13.8.

I'M SORRY, 13 FT EIGHT INCHES IN LIEU OF THE TYPICAL 25. UM STAFF DOESN'T SEE IT AN ISSUE WITH THAT PARTICULAR REQUEST. UM BECAUSE IT'S GOING TO BE REAR ENTRY. UM, THE GENERAL IDEA BETWEEN THE FRONT OR FRONT SETBACK IS TO MAKE SURE THAT CARS AREN'T OVERHANGING A SIDEWALK. UM THIS IS GONNA HAVE A REAR ENTRY, REAR PARKING AND ALSO, EVEN IF, UM THIRD STREET WERE TO BE EXPANDED TO A TYPICAL 31 FT STREET, WHICH IT IS NOT NOW, UM IT WOULD STILL BE WELL WITHIN THE REGULATION. UM THE SPECIAL, UM, USE PERMIT WILL BE RESCINDED. UM, IF THE STRUCTURE

[00:35:04]

IS DESTROYED, OR IF THE APPLICANT UM DOESN'T EITHER OWN OR MANAGE, UM THE PROPERTY OR THE USE NOTICES WERE SENT TO 16 PROPERTY OWNERS WITHIN 200 FT. AS REQUIRED BY LAW. WE RECEIVED TWO RESPONSES IN FAVOR AND ONE IN PROTEST THAT WERE IN THE 200 FT. WE ALSO RECEIVED THREE PROTEIN. I'M SORRY. THREE RESPONSES IN FAVOR, BUT THESE WERE OUTSIDE THE NOTIFICATION AREA. UM PNC DID ASK, UM, WHEN THIS WENT BEFORE THE PNC COMMISSION, THEY DID ASK THE APPLICANT WHAT KIND OF BUSINESS THEY WERE GOING TO USE. UM THE STRUCTURE FOR AND THE APPLICANT RESPONDED, THEY WOULD HAVE A HOT HOME HEALTHCARE DISPATCH OFFICE. UM BASICALLY, UM, AND AFTER THAT THE COMMISSION DID VOTE 70 TO RECOMMEND APPROVAL. AND LASTLY, THE SITE PLAN OR THE EXISTING EXHIBIT THAT YOU SEE WITHIN YOUR PACKET. THE APPLICANT HAS REQUESTED THAT THAT ASKED AS A SITE PLAN. SO THE APPROVAL OF THIS S U. P IS ALSO APPROVAL OF A SITE PLAN FOR THEM TO MOVE FORWARD WITH THE CONSTRUCTION. AND WITH THAT, I'LL BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS.

OKAY? SO I KNOW THAT WE HAVE A PUBLIC HEARING THIS EVENING. ON THIS ITEM, SO I IF YOU DON'T MIND, I WILL GO AHEAD AND START WITH THAT BECAUSE I KNOW WE HAVE A MEMBER OF THE PUBLIC WHO IS PRESENT WISHES TO SPEAK. YES, SIR. SO WITH THAT I WILL OPEN A PUBLIC HEARING ON THIS ITEM IF ANY MEMBER OF THE PUBLIC IS PRESENT AND WISHES TO STEP FORWARD AND SPEAK ON THIS ITEM, BUT AS YOU DO, SO, AT THIS TIME, I WILL START WITH THE INDIVIDUAL WHO FILLED OUT A FORM. ASKING TO SPEAK. SO, MR BOB, HE IF YOU WILL STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU'LL HAVE THREE MINUTES TO ADDRESS THERE AND THEN YOU CAN ADDRESS COUNCIL. MY NAME IS BOB HEATH 303. RUSH CREEK, DR. WILY AND THANK YOU, MR MAYOR AND CITY COUNCIL FOR YOUR TIME AND YOUR SERVICE. I APPRECIATE SO MUCH. WE HAVE HERE HISTORICAL STRUCTURE. THAT UM, WE OH, I WISH TO TURN INTO OFFICE SPACE. THE LOCAL PASTOR AND HIS WIFE ON A HOSPITAL CARE. PATIENTS WILL NOT BE GOING TO THIS. PROPERTY. UM SPEAK STRICTLY OFFICE. AND WE HAVE. DONE A NUMBER OF HISTORICAL STRUCTURES, UM, HOMES THAT WE'VE TURNED INTO OFFICES IN WYLIE. AND THERE'S PROBABLY NO ONE IN THIS ROOM THAT CARES MORE ABOUT. OH, WAIT A MINUTE. RENE ALI IS HERE. CARES ABOUT THE PRESERVATION OF HISTORICAL STRUCTURES THAN THAN WE DO. UM I'VE RESTORED MORE THAN 50% OF THE BUILDINGS DOWNTOWN AND THE HISTORICAL STRUCTURE AND MANY OTHERS AROUND SEVERAL HOMES AGAIN. THERE'S UP STATED THEY WERE BOARDED UP READY FOR THE BULLDOZER, AND WE SAVED THEM.

AND NOW THEY'RE BEAUTIFUL HISTORICAL LOOKING STRUCTURES. UM I OWN ONE RIGHT NOW, WHERE MY WIFE AND UM, SEVERAL COUNCILORS THIS JUST ABOUT A BLOCK AWAY AGAIN. IT'S EARLY TURN OF THE CENTURY PROPERTY AND IT'S BEAUTIFUL AND PEOPLE WHO GO THERE. THEY'RE JUST SO IMPRESSED THAT IT'S BEEN SAVED AND THEY THERE ARE RESTORED. SO THAT'S IT . THANK YOU SO MUCH FOR YOUR TIME. I APPRECIATE IT. UH MR HEATH, I BELIEVE WE HAVE A QUESTION FOR YOU. MAYOR PRO TEM THANK YOU, MAYOR. FIRST OF ALL, THANK YOU VERY MUCH FOR ALL YOU DO FOR THE HISTORIC AREA OF WILY DOESN'T GO UNNOTICED AND EVERY EVENT THAT TAKES PLACE DOWNTOWN PEOPLE ARE STILL IN AWE AT THE BUILDINGS AND THE WAY THAT THEY YOU HAVE MAINTAINED THE HISTORICAL LOOKING FIELD OF THOSE BUILDINGS. THE QUESTION I HAVE IS INSIDE THE DOCUMENTATION FOR THE S U P. IT SAYS THAT IT WOULD BE RESCINDED IF THE STRUCTURE IS DAMAGED OR DESTROYED WITH AN EXPENSIVE RESTORATION, EXCEEDING 75% OF THE REPAIR REPLACEMENT COST OF THE STRUCTURE. THE STRUCTURE SHALL THEN COMPLY WITH THE COMMERCIAL CORRIDOR. ZONING DESIGN REGULATIONS IN YOUR PROFESSIONAL OPINION AND WITH ALL OF YOUR EXPERIENCE, DO YOU FORESEE THERE BEING AN ISSUE THAT THIS BUILDING WOULD BE DESTROYED? OR THAT IT WOULD WIND UP IN A WHERE WE WOULD NOT HAVE THAT HISTORICAL LOOK AND FEEL. NO WAY. OKAY UM, EVEN EVEN WHEN WE DID CHANGES HANDS THAT'S GOING TO BE A PREREQUISITE FOR A NEW BUYER. UM WE JUST CARE THAT MUCH ABOUT IT. THE MOST OF WHAT YOU WOULD HAPPEN WILL BE INSIDE OTHER THAN PARKING, WHICH WOULD BE CONCRETE, ETCETERA. BUT THE OUTSIDE IS GOING TO LOOK BASICALLY THE SAME, EXCEPT MAYBE BETTER. SO ANY OTHER QUESTIONS ON THE LAST QUESTION I HAVE IS ON THE 400 SQUARE FOOT ADDITION TO THE BACK OF THIS HOME. IS THAT GOING TO BE WHERE THE OFFICES OR IS THAT JUST GOING TO BE ADDITIONAL SQUARE FOOTAGE ON THE ADDITIONAL SQUARE FOOTAGE FOR OFFICE SPACE? THANK YOU WILL CONFORM TO THE STRUCTURE ITSELF.

[00:40:04]

ANY OTHER. COUNCILMAN DUKED. THANK YOU, MR MURRAY. THANK YOU, MR HEATH FOR COMING OUT. JUST HAVE ONE QUESTION AND IT'S PROBABLY STUPID BAFTA ASKING ANYWAYS, AND WE'RE GOING TO BE LIVING IN THIS STRUCTURE. I'M SORRY. ANYONE GONNA BE LIVING YES, CURRENTLY RENTED RIGHT. BUT AFTER IT BECOMES A OFFICE, IS ANYONE GOING TO BE LIVING IN IT? NO NO, THEY WILL BE OFFICE SPACE ONLY. OKAY. THANK YES. OKAY. COUNCILMAN MALIKI. THANK YOU, MR HEATH. UM IF I'M LOOKING AT THIS CORRECTLY. THE PROPERTY LINE GOES ALL THE WAY TO THE OAK STREET ALMOST IN THE BORDERLINE WITH THE DONUT SHOP. IS THAT CORRECT? MHM AND THE WAY THIS IS STRUCTURED, AND IF YOU DRIVE BY TODAY ON IT, YOU'LL SEE THAT THERE'S WHAT WASTEWATER. IF THERE IS A BIG RAIN, THERE'S KIND OF A DITCH JUST THEIR SIDE TO THE SIDE TO THE RIGHT SIDE OF THE HOUSE. IF YOU'RE LOOKING AT THE FRONT OF IT. WILL THERE BE SOME SORT OF GRADING SOME SORT OF BECAUSE YOU'RE GOING TO PAVE IT AND YOU'RE CREATING PARKING STRUCTURE RIGHT BEHIND YOU, CREATING SOMETHING NEW PARKING PARKING SPACES BEHIND IT. UKRAINE A NEW ROAD OVER IT. SO WILL YOU JUST PAVE OVER IT? WILL YOU PUT SOME SORT OF I DON'T KNOW TO CARRY THE WATER SO THE WATER DOESN'T STAND AND GO BACK ALL THE WAY TO THE DONUT SHOP. WILLIE WILL POPULATE TOGETHER. HAS THERE BEEN ANY MAY I ASK MY SON TO COME UP AND HE HANDLES THOSE KIND OF DETAILS. I'M JUST THE INSPIRATION TOTALLY.

APPRECIATE YOUR WORK. MY NAME IS ALSO ROBERT HEATH. I LIVE IT 4 TO 5 NORTH, WINDY NOAKES AND WILEY. THERE IS A RETENTION POND THAT IS PLANNED FOR THE SPACE. SO THE EXTRA WATER THAT'S GENERATED WILL BE KEPT ON THE PROPERTY AND THEN SLOWLY RAN. OKAY AND THEN WILL THE PARKING.

YOU'RE CREATING TWO DIFFERENT ENTRIES NOW, RIGHT TO THE TO THE BACK OF THE PROPERTIES, ONE OF THE RIGHT SIDE THROUGH FROM OAK AND ONE ON THE THIRD STREET. COMING IN. WELL, CURRENTLY THERE IS THE DRIVEWAY THAT COMES OFF OF THIRD STREET TO THE FRONT OF THE HOUSE SO THAT WILL BE UTILIZES AND CONTINUE FROM. THE FRONT ALL THE WAY TO THE BACK. OKAY, SO YOU'LL HAVE BASICALLY LIKE A U SHAPE THAT WHO IN ONE WAY AND YOU COME OUT THE OTHER WAY THEY WILL BE ESSENTIALLY ONE WAY. HOW WIDE WILL THAT ONE WAY. BE? HMM THAT'S A GOOD CALL THERE. TWO CARS BE ABLE TO EXCHANGE IT. ONLY ONE ONE. ON THE MARKET, OKAY? AND RETENTION POND IS ON THE ORDINANCE. I'M ASSUMING DONE CYCLING ON THE SIDELINE, OKAY? THANK YOU. OKAY, UM. COUNCILMAN WILLIAMS. GO AHEAD. THANK YOU CAN ALSO ADD TO HAVE THE BUYER WHO WILL BE OCCUPYING THE SPACE. UM SO IF YOU HAVE ANY QUESTIONS FOR HIM AS WELL, HE'S HERE. SO IF I CAN CLEAR OR SO IS IT THE PROPERTY OF YOUR CORPORATE CORPORATION AND HE'S LEASING OR PURCHASING BUYING THE RIGHT NOW IT'S A RESIDENT, AND WE WERE HAPPY WITH IT BEING A RESIDENCE. UM MR DEAREST WANTED IT TO BE COMMERCIAL, AND THAT WAS ONE OF THE CONDITIONS FOR IT TO BE SOLD TO HIM, AND SO WE WENT THROUGH THE PROCESS OF TURNING INTO COMMERCIAL PROPERTY FOR HIS USE. OKAY AND I KNOW THE QUESTION WAS, WILL ANYBODY BE LIVING THERE? NO ONE WILL BE LIVING THERE AS A WHILE, IT'S USED AS A COMMERCIAL BUILDING HIS OFFICE SPACE. UM BUT MR DURIS AGAIN. I BELIEVE, HAS PLANS TO RETIRE ONE DAY, AND HE WOULD THEN LIKE TO OCCUPY IT AS HIS HOUSE. OKAY? I'LL TURN IT BACK TO COUNCILMAN WILLIAMS. THANK YOU, MAYOR, AND I THINK MY QUESTIONS WILL BE MORE FOR JASON ON ON SOME OF THIS. THANK YOU. UM. UH, FIRST. DO WE HAVE FUTURE PLANS TO CHANGE THE EAST OAK 78 CONNECTION THERE? WHAT DO YOU MEAN BY CHANGE? DO WE HAVE CHANCE PLANS TO TERMINATE THAT THAT ENTRANCE? I'M JUST TRYING TO MAKE SURE THAT WE DON'T PAINT OURSELVES STILL SHOWN ON THE OKAY. THE MAIN THING I WANTED TO ASK IS SO I SAW THAT WE'RE DOING A VARIANCE ON THE SET BACK FROM 25.8 ON THE FRONT. UM AM I. IS THERE THAT BIG OF A DIFFERENCE BETWEEN THE PROPERTY LINE AND THE UTILITY EASEMENT BECAUSE IN LOOKING AT THE FRONT. WHERE IT LOOKS LIKE THAT SETBACK IS WOULD BE CONSIDERABLY MORE THAN 13.8. SO I DON'T KNOW IF IT'S IS THERE SOMETHING WITH THE SIDE SETBACK BECAUSE IT FACES THE STREET THAT'S CONSIDERED A FRONT OR WHAT IS WHERE IS OFF OF OAK STREET. WELL, I'M TRYING. I'M TRYING TO FIGURE OUT WHY WE NEED THE 25 TO 13.8 LIKE WHERE THAT

[00:45:02]

IS. IN HERE. OKAY WELL, BECAUSE RIGHT NOW, THE WAY THE PROPERTY WAS BUILT, IT HAS A 13.8 SETBACK . AS AS OF RIGHT NOW WE'RE JUST KEEPING THE STATUS QUO BECAUSE ITS HISTORICAL BUILDING AS YOU IF YOU LOOK AT THAT SITE, THE SITE PLAN THAT I HAVE ON THE ON THE SCREEN WHERE YOU CAN SEE THE PROPERTY LINES THE CITY ACTUALLY OWNS. ALL OF THAT PROPERTY WAS GETTING AT WAS, THAT'S EXACTLY WHAT I WAS GETTING AT. IS THAT IT? IT'S NOT REALLY THAT WE'RE APPROVING OF 13.8 SETBACK. IT'S ALREADY 13.8 BECAUSE THERE'S SO MUCH OF THE CITY OWNED PROPERTY THAT IS CORRECT, ALREADY HAVE TO BE ABLE TO WIDEN STREETS AND FOR FUTURE INFRASTRUCTURE. WE'RE NOT REALLY AUTHORIZING BUILDING A HOUSE, 13.8. NO, WE ARE. THAT'S NOT WHAT WE'RE ASKING. WE'RE JUST CLEANING UP KIND OF OR CODIFYING. WHAT'S ALREADY THERE MAKES SENSE. THAT'S WHAT I WANT TO VERIFY. THANK YOU. YOU'RE WELCOME. MAYOR PROTEIN. JASON I DO HAVE ONE QUESTION ON THE PROPOSED ONE WAY DRIVE. WHAT THAT PROPERTY IS OWNED. BY WHOM. THEY DRIVEWAY IS OWNED BY THE CITY. SO WE GRANTING AN EASEMENT FOR THAT? ARE WE BEING REQUESTED TO GRANT AN EASEMENT FOR THAT? DRIVEWAY TO CROSS OVER TO OAK STREET. YES. AND THAT WOULD HAVE TO BE APPROVED BY ENGINEERING. I MEAN, ULTIMATELY, THE DESIGN AND EVERYTHING OF IT SO THEN I GUESS THAT WOULD CREATE AN ISSUE WITH IF WE APPROVE A SITE PLAN AND HADN'T BEEN APPROVED BY ENGINEERING AND WE HAVEN'T APPROVED ANNIE'S, BUT I THINK WITH IT IN MY HEAD. IT LOOKS LIKE WE GOT THE CART BEFORE THE HORSE BECAUSE IF WE LOOK AT THE AT THE SITE PLAN THE WAY THAT IT'S PRESENTED THE DRIVEWAY THAT GOES FROM OAK INTO THE PROPERTY OR OUT OF THE PROPERTY, WHICHEVER DIRECTION IS GOING TO THE ONE WAY DRIVE RIGHT THERE.

IT IT'S CROSSING AN EASEMENT THAT'S REQUESTED FROM THE CITY, WHICH HASN'T BEEN GRANTED YET, AND IT HASN'T BEEN PUT THROUGH ENGINEERING YET. UM ENGINEERING HAS LOOKED AT THIS ZONING EXHIBIT. AND IS OKAY WITH THE GENERAL IDEA OF IT, BUT WE ALSO IN THE REPORT, IT SAYS APPROVAL OF THE SITE PLAN IS SUBJECT TO ADDITIONS AND ALTERATIONS, AS REQUIRED BY THE CITY ENGINEERING DEPARTMENT. AND WE PUT THAT IN THERE SPECIFICALLY FOR EXACTLY WHAT YOU'RE TALKING ABOUT. IF FOR WHATEVER REASON, THERE'S SOMETHING IN THERE THAT MAKES THIS NOT WORK. THEN THIS DOESN'T GET BUILT THIS WAY. SO IS THERE AND I DIDN'T. I MISSED IT. IF THERE IS, IS THEIR LANGUAGE WITHIN THE DOCUMENTATION THAT SPECIFICALLY STIPULATES THE GRANT OF THE EASEMENT FOR THAT DRIVEWAY. THAT WILL NOT HAPPEN UNTIL ENGINEERING APPROVES THAT DRIVEWAY. THAT'S WHAT IT'S JUST ANY OTHER. UH COMMERCIAL PROPERTY. EITHER TEXT DOT OR THE CITY OWNS A GUARANTEE YOU THEY OWN THAT DRIVEWAY IN FRONT OF YOUR HOUSE UP UNTIL YOU FROM THE SIDEWALK TO THE STREET. JUST BECAUSE THAT'S YOURS AND YOU'RE RESPONSIBLE FOR THE CITY STILL OWNS IT RIGHT. SO THIS IS A SIMILAR SITUATION. IT'S JUST A LITTLE BIT LONGER BECAUSE OF THE DISTANCE FROM OAK STREET TO THE ACTUAL PROPERTY LINE. SO ARE WE GOING TO BE REQUIRED FOR THE MAINTENANCE ON THAT? NO. THAT'S A DRIVEWAY FOR THEM. OKAY? ALL RIGHT. THANK YOU, SIR. COUNCILMAN MALECKI. THANKS, JASON. UM. HYPOTHETICAL TOMORROW. WE WANT TO WIDEN THE OAK STREET. WHAT HAPPENS TO THAT DRIVER IF WE GIVE THEM REGRET? AMAZEMENT THAT ENTRANCE WOULD JUST BE, UM AND I'M NOT TALKING BACK A LITTLE BIT, AND I'M JUST LIKE ANY OTHER STREET. BUT WE WOULD HAVE TO GET PERMISSION FROM THE PROPERTY OWNER BECAUSE WE OWN THE PROPERTY. AN EASEMENT. AN EASEMENT IS A LEGAL WAY FOR THE CITY TO GRANT ACCESS. FOR SOMETHING. UM WHILE WE STILL OWN IT OR THE OTHER WAY AROUND A FIRE LANE EASEMENT ON A LIKE KROGER, FOR EXAMPLE, I DON'T WANT TO PICK ON ANYBODY.

YOU GET A LARGE COMMERCIAL PROPERTY, THE FIRE LANE. UM EVEN THOUGH THE PROPERTY OWNER OWNS IT, IT'S PRIVATE PROPERTY. THE CITY HAS, UM 24 7 ACCESS TO IT FOR THOSE PARTICULAR THINGS, WHETHER IT'S UTILITIES, FIRE LANES, WHATEVER IT LEGALLY GRANTS ACCESS TO IT. OKAY? OKAY.

THANK YOU, SIR. OKAY. SO. I HAD A COUPLE OF QUESTIONS, AND THEY MAY BE BETTER SUITED FOR THE APPLICANT IN THIS CASE. I'M NOT SEEING ANYTHING ABOUT ANY SORT OF POTENTIAL SCREENING. UM AS FAR AS VISUAL SCREENING BETWEEN THAT PROPERTY, AND I'M GOING TO SAY THE ONE TO THE SOUTH. I DON'T KNOW CARDINAL. DIRECTIONS ARE CORRECT, BUT WE'LL CALL IT BELOW IT THERE. UM THIRD STREET, AND I ASSUME THAT THAT IS A RESIDENTIAL HOME. UM THAT'S THERE, SO MY CONCERN IS WITH DETENTION BEING ADDED AT THE BACK AS WELL AS A PARKING LOT AND A DRIVEWAY. UH, THAT APPEARS

[00:50:03]

TO BE PRETTY CLOSE TO THE PROPERTY LINE. WILL THERE BE? IS THERE ANYTHING CALLING FOR ANY SORT OF SCREENING? THERE ISN'T CURRENTLY BUT THE APPLICANT IS WILLING TO PUT IN A BOARD ON BOARD FENCE IF NEED BE. OKAY, BUT IT WAS SO CLOSE TO THE DRIVE. A LOT OF TIMES IF YOU HAVE A FENCE AND YOU HAVE A DRIVE LIKE THAT, AND PEOPLE GOING IN AND OUT A LOT OF TIMES SO WE DIDN'T CALL FOR IT RIGHT AWAY. UNDERSTAND THAT. MY CONCERN IS THAT WHEN YOU HAVE A DRIVEWAY LIKE THAT, IN THE WAY THAT IT'S ORIENTED, YOU'RE GOING TO HAVE LIGHTS FROM VEHICLES WHEN THEY ARE ON THAT ARE GOING TO SHINE DIRECTLY INTO THE NEIGHBOR'S PROPERTY AS THEY PULL IN, PULL OUT OF THE SPOT AND THEN TURN TO GO AROUND THAT HOUSE. OKAY UM, AND SO, I MEAN, THERE'S AESTHETIC THINGS TO BEGIN WITH, BUT ONE OF MY CONCERNS TO IS THE IMPACT THAT THAT COULD POTENTIALLY HAVE THE SAME WAY. UM IT'S GOING TO BE USED MORE FREQUENTLY THAN YOU WOULD IF YOU HAD ONE PERSON LIVING THERE. UM YOU KNOW, I DON'T KNOW IF THERE ARE KIDS OR ANYONE THAT'S THEY'RE NOT NOW, BUT THERE COULD BE THAT LIVE NEXT DOOR, SOME TYPE OF SEPARATION WITH THE INCREASED VEHICLE MOVEMENT. UM AND HELPING TO PREVENT FROM AN AESTHETIC STANDPOINT AGAIN OF THE OF THE LIGHTS AND THINGS LIKE THAT, I THINK WOULD BE WOULD BE HELPFUL TO BE OPEN TO SHAKING THEIR HEAD. YES. SO WE CAN ADD THAT AND I JUST WANTED TO EXPLAIN WHY , JUST WITH THE ROUTES AND THINGS THAT WAS MY CONCERN WOULD BE THE IMPACT NEXT DOOR. SO, UM OTHER THAN THAT. I KNOW YOU GUYS HAVE LOOKED AT IT FROM AN ENGINEERING STANDPOINT. UM SO COUNCILMAN STRENGTH. YEAH I'M LOOKING AT GOOGLE STREET VIEW MIGHT NOT BE TOTALLY CURRENT, BUT I DO SEE THERE'S A BOARD ON BOARD FENCE AT LEAST PART WAY BETWEEN THE TWO PROPERTIES. SO I BELIEVE THAT'S TO THE PROPERTY TO THE WEST. THE DONUT SHOP THERE, ONE BETWEEN AGAIN. MY CARDINAL DIRECTIONS MAY BE COMPLETELY OFF. I'M LOOKING SOUTH. SO NOT WEST. IT'S DEFINITELY NOT THE DONUT SHOP. IT'S A HOUSE NUMBER. 102 SOUTH THIRD STREET. I SEE THERE'S A MORE IMPORTANT FENCE IN THE STREET VIEW. EXCEPT I DON'T MAKE SURE THERE ARE WHEN THE ADDITIONS DONE. THERE'S AN EXISTING ONE. THAT THEN THEN I WOULD BE FINE. I JUST WOULD LIKE TO MAKE SURE THERE IS ONE SOME SORT OF SCREENING LIKE THAT. IT COULD PROBABLY BE EXTENDED A LITTLE FURTHER ALONG BECAUSE I SEE LIKE WHAT THE MAYOR IS TALKING ABOUT IT STILL BE A WINDOW OR TWO THAT COULD PROBABLY BE VISIBLE. YEAH. AS LONG AS THE REST OF THE COUNCIL AGREES WITH YOU, SIR, RIGHT? I MEAN, IT'S SUBJECT TO THE SURE IT'S DONE CORRECTLY. WE CAN ONLY GO TO THE PROPERTY LINE. AND AS YOU KNOW, OUR CITY ENGINEERS REAL BIG ON VISIBILITY TRIANGLE, SO WE'LL HAVE TO FIGURE THAT PART OUT TO AMEND THE MOTION. IN ORDER TO ADD FOR THAT. FOR THE FANS TO MAKE SURE YES, YES. WHAT WE'LL DO IS WE THIS IF THIS IS APPROVED, THIS IS JUST WRITING THE ORDINANCE. WHAT I'LL DO IS I'LL TALK TO THE APPLICANT AND WILL ADJUST THE S U P AND WHEN WE BRING IT BACK IN TWO WEEKS, OKAY, WE'LL MAKE SURE THAT THAT'S PART OF THE ORDINANCE.

THANKS. YEP. COUNCILMAN MILITIA CLOSED JUST WANTED CLARIFICATION BECAUSE I THOUGHT SO YOU SAID THE HAVOC, UNT. IS NOT GOING TO LIVE CURRENTLY, THEY'RE NOT GOING TO LIVE. THAT IS CORRECT.

DOWN THE ROAD. THIS PROPERTY MIGHT TURN INTO A RESIDENTIAL PROPERTY IS ONLY FOR THE ONLY FOR THIS PARTICULAR OWNER. SO THE OWNER POTENTIALLY COULD MOVE IN AND TAKE OUT THE BUSINESS OR THE COMMERCIAL PROBLEM PORTION OF IT AS THE WAY THE SUV IS WRITTEN. CURRENTLY, THE APPLICANT CAN CHANGE FROM COMMERCIAL TO RESIDENTIAL USE AT ANY TIME. OKAY, BUT IT HAS TO BE THIS PARTICULAR GENTLEMAN RIGHT HERE. NO ONE ELSE COULD MOVE IN. AND HE DOES NOT HAVE TO COME BACK TO US TO TURN TO DO THAT TO CHANGE THE ZONING. THAT IS CORRECT. IT'LL STILL STAY COMMERCIAL. BUT THE S U P ALLOWS FOR BOTH COMMERCIAL USE AND RESIDENTIAL USE, BUT ONLY BY HIM. SO A FAIR WAY TO PUT THAT WOULD BE SINCE IT'S CURRENTLY MULTI FAMILY AND IT'S SINGLE FAMILY HOME. IT'S AN EXISTING MOUNT CONFORMING. THAT IS CORRECT, SO THEY'RE PRESERVING THE EXISTING NON CONFORMING FOR SINGLE FAMILY FOR THIS OWNER. SO IT'S BUT THE ZONING WILL CHANGE PERMANENTLY FROM MULTI FAMILY TO COMMERCIAL. YES CORRECT? YES OKAY, AND THE REASON WE CHOSE COMMERCIAL WAS BECAUSE IT'S IN LINE WITH THE FUTURE LAND USE PLAN THAT WAS APPROVED. ALMOST TWO YEARS NOW. COUNCILMAN WILLIAMS. THANK YOU, MAYOR. JASON I'VE GOT SOMETHING I'D LIKE TO MYSELF TO SEE ADDED IN AND I DON'T MEAN TO COMPLICATE IT. BUT IN LOOKING AT THE LAYOUT OF 78 OAK. THAT WHOLE CORNER IS MY CONCERN FOR THE YOU KNOW? DURATION OF ETERNITY. I'D LIKE TO HAVE SOMETHING IN THERE THAT IF UM HOWEVER YOU WRITE IT IF IT IS, UH THE DEVELOPMENT OF THE AREA AROUND IT AND THE CITY. IF SOMETHING CHANGES WITHIN THE ROAD STRUCTURE THAT THEY'LL BE REQUIRED TO, UM TO PUT A SECONDARY ACCESS IN ON THEIR PROPERTY. MEANING COME UP THE OTHER SIDE OF THE HOUSE AND CONNECT TO FIRST STREET THIRD STREET. MY CONCERN IS THEY'VE

[00:55:08]

ONLY GOT THE REASON WHY THEY'VE GOT TO GO BOTH WAYS AS YOU'VE ONLY GOT YOU'VE GOT SUCH A SMALL ONE WAY. AND SO I DON'T SEE TERMINATING THE OUTLET DRIVE TO OAK AS A POSSIBILITY. IF IN STREETS MY CONCERN IS THE WAY THAT THE THIRD STREET RIGHT NOW DEAD ENDS. IN HIS STRAIGHT IN THE WAY THAT OAK MAKES THAT CURVE AND THE WAY 78 IS THAT LATER WE'RE GOING TO HAVE SOME KIND OF ISSUES CAN BE SOME OTHER COUNCIL AND WE'RE NOT GOING TO BE HERE, BUT SOMEONE'S GOING TO HAVE AN ISSUE TRYING TO DEVELOP UP 78. AND THAT CONNECTION IS GOING TO NEED TO CHANGE. AND IF WE DON'T HAVE SOMETHING THAT CHANGES THEIR ACCESS THAT ALLOWS THE CITY TO MAKE A CHANGE IN THE ROAD INFRASTRUCTURE. WHATEVER IS GOING TO HAPPEN THAT THAT ONE THING IS GOING TO BE A HANG UP.

IF WE DON'T HAVE SOMETHING IN THERE THAT CREATES AN OPPORTUNITY. FOR THAT TO BE FIXED. THE ONLY WAY I CAN SEE TO DO THAT IS JUST TO WRITE IT INTO THE S U P THAT IF THEY LOSE THAT ACCESS THAT THEY'LL CREATE ACCESS ON THEIR OWN PROPERTY. WHICH COULD EASILY BE PUT IN A DRIVIN UP THE SIDE OF THE HOUSE TO CONNECT TO THIRD. AND THAT WOULD BE YOU KNOW WHO KNOWS HOW MANY YEARS LATER? WELL, RIGHT, UH COUNCILOR FORRESTER SENATOR MAYOR PRO TEM UNLESS THEY DON'T HAVE TO HAVE TWO ACCESS POINTS. COMMERCIAL. MY ASSUMPTION IS THE REASON THAT THEY DO THE REASON THAT WE'RE ASKING FOR TWO ACCESS POINTS RIGHT NOW IS BECAUSE THEY DON'T HAVE 24 5, FT WITH SO YOU DON'T HAVE ANY IMPACT? THAT'S WHAT I'M SAYING. THEY'RE MAKING A CIRCULAR DRIVE COULD ACHIEVE THAT SAME THING BY WITH THE SAME AMOUNT OF SETBACK THEY HAVE ON THE SIDE ON THE RIGHT SIDE THAT THEY HAVE ON THE LEFT SIDE, JUST BRINGING A DRIVE OUT TO, UH TO, YOU KNOW, THIRD STREET. AND CONNECTING STRAIGHT ACROSS, WOULD IT'S ESSENTIALLY THE SAME THING THAT THEY'RE GOING IN ON.

UM I REALIZE IT'S LESS CONCRETE NOW TO DO IT TO OAK. AND PROBABLY NOT AN ISSUE WITH THE CORNER. YOU KNOW, IN THE TIE IN OF THE CORNER AND ALL OF THAT, BUT I'M NOT SAYING THAT THEY NEED TO DO THAT. NOW I'M TRYING TO SET SOMETHING IN THE IN THEIR S U. P THAT ALLOWS FOR THE POSSIBILITY DOWN THE ROAD. TELL ME, I'M OVERCOMPLICATED. YOU ARE ? YEAH. UM. I WOULD JUST SAY WE'RE GONNA WORK WITH THE PROPERTY MANAGERS ON RECORD, SAYING IT IS OVERCOMPLICATED AND IT'S FINE IF HE'S GOOD WITH IT. I'M GOOD WITH IT. YEAH, I THINK WE'RE A LITTLE BIT TOO FAR, AND IT'LL BE IT'LL. I DON'T WANT TO JUST SAY IT WILL WORK OUT. BUT THE THING IS, WE WOULD WORK WITH THE PROPERTY OWNER JUST LIKE WE WOULD ANYBODY ELSE AND I CAN'T SEE OAK STREET CLOSING IN THE FORESEEABLE FUTURE. I JUST I'M NOT TRYING TO OVER COMPLICATE IT. THAT'S NOT MY GOAL. YEAH THEN THEN NEXT DAY, OKAY, I THINK BY THE TIME THAT HAPPENS, HE'S GONNA BE USING IT AS A RESIDENTIAL. AND IT'S JUST GONNA BE A HOUSE ANYWAY. SO ALL RIGHT, YEAH. OKAY? UM DO WE HAVE ANY OTHER QUESTIONS OR COMMENTS FROM COUNCIL? AND IF NOT, WE HAVE HAD ONE SUGGESTION PUT FORTH. BUT I'M OPEN TO EMOTION. AIR TECHNICALLY, YOU HAVEN'T PUBLIC HEARING WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING AT THIS TIME. AND WITH THAT, ARE THERE ANY OTHER QUESTIONS AND COMMENTS AND IF NOT, I'D BE OPEN TO A MOTION MAYOR PRO TEM THANK YOU. MAYOR MAY HAVE JUMPED THE GUN. JUST A BIT. I'M TRYING TO GET BACK TO THE WRITING. THERE WE GO. MARY. I'D LIKE TO MAKE A MOTION TO APPROVE. THIS ITEM IS PRESENTED. OKAY? COUNCILMAN'S WOULD YOU LIKE TO MAKE AN AMENDMENT TO YOUR MOTION? OKAY SO IF I COULD, UM, IF I CAN GET EVERYWHERE WE GO. THANK YOU, GUYS. MAYOR PRO TEM LIKE TO AMEND MY MOTION TO INCLUDE A SCREEN BETWEEN THE RESIDENTS TO THE SOUTH. AND THE BUSINESS. UH, ENGINE IN CASE 23. 20 23-14, AND THAT'S MOTION. SO WE HAVE EMOTIONAL AS AMENDED. DO WE HAVE A SECOND COUNCILMAN? STRENGTH HUMIRA. SECOND WE HAVE A MOTION WITH A SECOND AS AMENDED. COUNCIL, PLEASE CAST YOUR VOTE. THE MOTION CARRIES 70 AND WE'LL SEE THIS BACK AT I

[2. Consider, and act upon, Resolution No. 2024-01(R) of the City of Wylie, Dallas County, Texas, casting its vote for the runoff election for the fourth member of the Board of Directors of the Dallas Central Appraisal District.]

BELIEVE THE NEXT MEETING. ALL RIGHT, SO WITH THAT WE'LL MOVE TO ITEM TO WHICH IS TO CONSIDER AND ACT UPON RESOLUTION NUMBER. 2014 2020 FOR APOLOGIES THAT'S 01 ARE OF THE CITY OF WIDELY

[01:00:02]

DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE RUNOFF ELECTION FOR THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. SO I KNOW THIS ONE MOVED INTO A RUNOFF AFTER WE HAD PREVIOUSLY VOTED UPON THIS, THE TWO INDIVIDUALS THAT REMAIN ARE GOING TO BE MR FRANKS AND MR HURT. MR FRANKS IS FROM SAKS E. MR HURT IS FROM CIEGO VILLE AND CARROLLTON AS FAR AS WHO PUT THEM FORWARD. COUNCIL IF WE HAVE NO OTHER RECOMMENDATION, I BELIEVE WE PROPOSED MR FRANKS. THE LAST TIME I WOULD PROPOSE THE SAME, BUT IF WE ARE HAVE ANY ONE THAT WOULD LIKE TO PUT FORTH A MOTION ON IT. YOU WILL HAVE TO READ IT AS STATED. MAYOR PRO TEM THANK YOU. MAYOR MOTION TO APPROVE THE RESOLUTION NUMBER. 20 24-01 ARE OF THE CITY OF WILEY DALLAS COUNTY, TEXAS, CASTING ITS VOTE FOR THE RUNOFF ELECTION FOR BRETT FRANKS AS THE FOURTH MEMBER OF THE BOARD OF DIRECTORS OF THE DALLAS CENTRAL APPRAISAL DISTRICT. AND WE HAVE EMOTIONAL STATED. DO WE HAVE A SECOND COUNCILMAN? MALIKI SECOND OKAY. MOTION WITH THE SECOND COUNCIL. POLICE CAST YOUR VOTE. AND THE MOTION CARRIES 70. WITH THAT THAT COMPLETES OUR REGULAR AGENDA THIS EVENING. WE HAVE NO WORK SESSIONS OR EXECUTIVE SESSIONS THIS EVENING. THE STORM

[READING OF ORDINANCES]

DO WE HAVE IN THE ORDINANCE HISTORY? YES. MAYOR ORDINANCE NUMBER 20 24-1 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS. AMENDING ORDINANCE NUMBER 20 23-39, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR. 2023 2024 REPEALING ALL CONFLICTING ORDINANCES, PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THAT IS ALL MAYOR. BUT THAT THAT COMPLETES OUR AGENDA THIS EVENING. DO WE HAVE A MOTION TO ADJOURN COUNCILMAN STRENGTH MOTION TO ADJOURN? WE HAVE A MOTION TO ADJOURN. DO WE HAVE ANY DISCUSSION ON THE TOPIC THIS EVENING COUNCILMAN VICTORY HAVE A SECOND. THANK YOU, MR MAYOR. I SECOND THE MOTION WITH A SECOND TO ADJOURN COUNCIL, PLEASE CAST YOUR VOTE. MOTION CARRIES 6 TO 1 WITH MAYOR PRO TEM OPPOSED.

APPARENTLY BUT WITH THAT MAJORITY CARRIES AND WE ARE ADJOURNED.

* This transcript was compiled from uncorrected Closed Captioning.

Jan 09, 2024 City Council

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