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[1. Call to Order]

[00:00:02]

ALL RIGHT. GOOD EVENING, EVERYONE.

IT'S 6:00.

I WILL CALL THE JUNE 13TH EDITION OF THE PLANNING AND ZONING MEETING TO ORDER.

FIRST ITEM IS INVOCATION.

DAVID, CAN YOU LEAD US, PLEASE? LET'S PRAY. FATHER, WE'RE THANKFUL FOR TODAY AND WE'RE THANKFUL FOR THE COOLER WEATHER.

AND WE PRAY, LORD, THAT YOU'LL BE WITH THOSE THAT HAVE EXPERIENCED SOME OF THE HAIL LAST NIGHT AND MAYBE NOT HAVING HAD AS MUCH DAMAGE AS THEY MAY HAVE THOUGHT.

LORD, WE THANK YOU FOR YOUR WISDOM AND WE THANK YOU FOR YOUR GUIDANCE TO US.

AND WE PRAY THAT WE'LL BE SENSITIVE TO IT TONIGHT AS WE DELIBERATE FOR IT'S IN YOUR NAME WE PRAY.

AMEN. PLEASE STAND AND JOIN ME IN THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

ALL RIGHT. ITEM TWO IS CITIZEN APPEARANCES.

I DON'T BELIEVE THAT WE HAVE ANY THIS EVENING.

NUMBER THREE IS CONSENT AGENDA.

[3. Consent Agenda]

CONSENT AGENDAS ARE ITEMS ENACTED WITH ONE MOTION.

UNLESS SOMEONE FROM THE AUDIENCE, COMMISSION OR STAFF WOULD LIKE TO PULL AN ITEM.

OTHERWISE, I'LL ENTERTAIN A MOTION.

I'LL MOVE TO APPROVE.

SECOND. I HAVE A MOTION BY COBI.

A SECOND BY CLINT.

ALL IN FAVOR, RAISE YOUR HANDS.

PASSES UNANIMOUS.

[4.A.Lot B, Block 17, Hidden Vistas Phase 4B (Case 23-045): Hold a public hearing and consider an ordinance for a zoning change request from “PD”, Planned Development to “PD" Planned Development to incorporate .334 acres of open space into three existing residential lots]

MOVE ON TO ITEM 4A PUBLIC HEARING ON CASE 23-045.

GOING TO HOLD A PUBLIC HEARING AND CONSIDER AN ORDINANCE FOR A ZONING CHANGE REQUEST FROM PLANNED DEVELOPMENT TO PD PLANNED DEVELOPMENT TO INCORPORATE 0.334 ACRES OF OPEN SPACE INTO THREE EXISTING RESIDENTIAL LOTS.

STAFF PRESENTERS. LIDON PEARCE.

GOOD EVENING. THANK YOU, COMMISSIONER.

AND THIS CASE BEFORE YOU IS A ZONE CHANGE, AS YOU MENTIONED, FOR THE HIDDEN VISTAS PD SPECIFICALLY, THIS IS FOR PHASE FOUR.

SO AS YOU SEE ON YOUR SCREEN, THE RED BOX IS KIND OF THE SUBJECT AREA.

THE BLUE HIGHLIGHTED AREA IS THE ENTIRETY OF THE HIDDEN VISTAS PD.

OUR COMPREHENSIVE PLAN LISTS AREAS, NEIGHBORHOODS AND THE ZONING, AS MENTIONED, IS A PD ZONING.

SO WHAT THE REQUEST FOR US TODAY IS WE HAVE THREE LOTS THAT WE AS STAFF RECEIVED REPLATS TO INCLUDE APPROXIMATELY 0.3 ACRES TOTAL INTO THREE EXISTING LOTS.

YOU'LL SEE THERE 13, 14 AND 23.

SO THESE AREAS IN THE PD THAT ARE PLATTED ARE FOR SINGLE FAMILY HOMES WHICH CURRENTLY ARE DEVELOPED AND THEN THE OPEN SPACE LOT B AND THE PD ZONING IS LISTED AS AN OPEN SPACE.

MOST OF THAT AREA IS IN THE FLOODPLAIN.

SO FOR STAFF UPON RECEIVING THESE ARE THE REPLATS.

CORRECTION STAFF IS UNABLE TO APPROVE A REPLAT WHEN IT'S TWO DIFFERENT USES IN THE ZONING.

SO THE APPLICANT CONCURRENTLY SUBMITTED A ZONING REQUEST TO AMEND THE 0.3 ACRES OF THE OPEN SPACE AND THE PD TO BE ALLOWED FOR RESIDENTIAL USE.

SO WHAT WOULD HAPPEN UPON APPROVAL BY CITY COUNCIL IS THEN WE WOULD BRING IF THAT WAS APPROVED, WE WOULD BRING BACK TO THIS COMMISSION THE THREE REPLATS, INCORPORATING THAT 0.3 ACRES TOTAL INTO THREE EXISTING SINGLE FAMILY LOTS.

THIS REQUEST WILL NOT CHANGE ANY OF THE OPEN SPACE OTHER THAN WHAT'S BEEN REQUESTED.

IT WILL NOT CREATE ANY NEW LOTS.

THE AMOUNT THAT'S BEING ADDED TO THESE LOTS WOULDN'T ALLOW THE APPLICANT TO FURTHER SUBDIVIDE THEIR LOT AND PUT ANOTHER HOUSE.

IT'S EFFECTIVELY GOING TO ALLOW THEM TO INCREASE SOME OF THEIR REAR AND SIDE YARDS WITH THEIR FENCING, WHICH WOULD HAVE TO BE WROUGHT IRON BASED ON IT BEING ADJACENT TO AN OPEN SPACE. STAFF DID SEND ABOUT 23 AND 400 NOTICES OUT TO ADJACENT PROPERTY OWNERS.

WE PUBLISHED IN THE NEWSPAPER AND WE PLACED A SIGN ON THE PROPERTY.

AS OF TODAY, I'VE ONLY RECEIVED ESSENTIALLY ONE INQUIRY WHICH HAD NOTHING TO DO WITH THE ACTUAL ZONING REQUEST.

THEY WERE JUST CURIOUS WHY THEY GOT A NOTICE.

WE DO HAVE IN YOUR PACKET SOME LETTERS OF SUPPORT TWO FROM THE PROPERTY OWNERS THAT WOULD BE REPLATTING PORTIONS OF THIS IF APPROVED IN THEIR LOT.

AND THEN ONE FROM THE DEVELOPER, MR. PETER THOMAS.

STAFF RECEIVED NO OPPOSITION TO THE REQUEST.

SO GENERALLY WE WOULDN'T SUPPORT CONVERTING A PRESERVED DESIGNATED OPEN SPACE INTO A RESIDENTIAL OR COMMERCIAL AREA.

JUST GENERALLY, WE WOULD NOT DO THAT.

[00:05:01]

HOWEVER, THIS SPECIFIC REQUEST, AS WE LOOK AT EACH REQUEST BASED ON ITS OWN MERITS, IT'S NOT GOING TO IMPACT THE TRAILS OR ACCESS AND HAS VIRTUALLY MINIMAL TO NO IMPACT ON THE OVERALL COMMUNITY DEVELOPMENT AND STAFF HAS RECEIVED ZERO OPPOSITION.

SO WITH THAT, WE KIND OF LEAVE THE RECOMMENDATION UP TO YOU, BUT STAFF NOT BEING ABLE TO KNOW AHEAD OF TIME, YOU KNOW, 400 PEOPLE ARE GOING TO COME OUT IN OPPOSITION AND ARE NOT.

BUT BASED OFF INFORMATION AS OF RIGHT NOW, STAFF IS NOT OPPOSED TO THIS REQUEST BASED ON NOT CREATING ANY MORE DENSITY AND NOT IMPACTING THE CURRENT TRAILS OR OPEN SPACE AREA.

THAT IS ALL I HAVE FOR MY PRESENTATION.

THERE'S SOME INFORMATION IN THE STAFF REPORT, AND IF YOU HAVE ANY QUESTIONS, MORE THAN HAPPY TO ANSWER THEM.

THE DEVELOPER IS ALSO HERE AS WELL AS I BELIEVE SOME OF THE RESIDENTS THAT ARE SEEKING TO ADD SOME OF THAT ADDITIONAL SPACE TO THEIR CURRENT LOTS.

THANK YOU. ALL RIGHT.

THANKS LIDON.

THIS IS A PUBLIC HEARING, SO I'LL OPEN THE PUBLIC HEARING AT 6:06 AND ASK IF ANYONE FROM THE AUDIENCE HAS ANYTHING THAT THEY WOULD LIKE TO SPEAK ON.

SEEING NONE.

I'LL CLOSE THE PUBLIC.

OKAY. SURE.

MR. PETER THOMAS.

PETER THOMAS 13901 EAST RIVIERA DRIVE BURLESON I'M, THE DEVELOPER OF HIDDEN VISTA.

BETWEEN THE HOMES THAT EXIST AND THE PARK LAND, THE LAKE THAT I'M WE'RE IN THE FINAL STAGES OF GIFTING THAT PROPERTY TO THE PARKS DEPARTMENT.

SO THIS IS JUST A LITTLE AREA THAT NOBODY GOES THROUGH.

THE TRAIL IS ALREADY IN AND DOESN'T AFFECT THESE THREE PROPERTIES.

SO THEY CAME TO ME AND WANTED TO KNOW IF I WOULD GIVE THEM THAT LAND AND I SAID YES.

AND SO NOW WE'RE GOING THROUGH THE PROCESS TO DO IT.

SO I'M HERE TO ANSWER ANY QUESTIONS, IF YOU HAVE ANY.

OKAY. SO THE HOUSES THAT ARE ALREADY BUILT, THEY WERE ALREADY I MEAN, THEY WERE ALREADY ZONED TO BE BUILT. I CAN ANSWER THAT.

SO THIS ENTIRE AREA IS ZONED IN A PD AND THAT PD LIST DEVELOPMENT AREAS.

SOME AREAS SPECIFICALLY ARE FOR RESIDENTIAL, SOME ARE FOR OPEN SPACE.

THESE THREE LITTLE SLIVERS ARE ON THE LINE OF THE OPEN SPACE.

THESE HOUSES ARE ALREADY ZONED, THEY'RE ALREADY PLATTED, THEY'RE ALREADY DEVELOPED.

THIS IS JUST INCORPORATING THOSE 0.3 ACRES FROM OPEN SPACE AND CHANGING THEM TO ALLOW SINGLE FAMILY TO ALLOW US TO APPROVE THE REPLAT.

YOU CAN'T REPLAT A PROPERTY FOR A SINGLE FAMILY USE AND HAVE ANOTHER ZONING ON IT.

SO ESSENTIALLY THAT'S WHY YOU'RE SEEING THE REQUEST, IF THAT MAKES SENSE.

OKAY. SO THE HOUSES WERE ALREADY I MEAN, THEY WEREN'T BUILT OUTSIDE OF WHAT WAS ALREADY APPROVED TO BE BUILT.

THEY'RE DEVELOPED PLATTED APPROVED LOTS AND THEY'RE JUST LOOKING TO ADD SOME SPACE TO THEIR SIDE AND REAR YARDS.

IT'S NOT PART OF THE SINGLE FAMILY ZONED AREA IN THE PD.

OKAY. SO NOTHING NEW WOULD BE BUILT OTHER THAN POTENTIALLY MOVING THEIR WROUGHT IRON FENCES OUT 3000 FT² THAT THEY GAIN EACH LOT ROUGHLY.

AND IN THE PD WE'RE TAKING IT FROM WHERE IT SAYS OPEN SPACE ON THESE SLIVERS AND CHANGING IT TO SINGLE FAMILY.

OKAY. SO THAT'S WHAT WE'RE DOING.

SO BASICALLY BECAUSE THEY'LL HAVE MORE A LITTLE BIT MORE LAND, THEY'LL PAY A LITTLE BIT MORE TAXES ON THAT.

IS THAT CORRECT? THAT'S NOT REALLY A FUNCTION OF STAFF OR EVEN THE CITY.

I KNOW. I MEAN, THAT WOULD BE THE APPRAISAL DISTRICT.

AND I COULD ASSUME THAT THEIR TAXES WOULD GO UP.

HOWEVER, I CAN'T TELL YOU HOW MANY PENNIES PER SQUARE FOOT, BUT THAT WOULD BE SOMETHING OUTSIDE OF THE ZONING REQUEST.

AND I GUESS THE PROPERTY OWNERS ARE ONES THAT ARE REQUESTING THIS.

YES. OKAY.

THANK YOU. YEAH, I'VE GOT A COUPLE OF QUESTIONS.

IS THIS FOR STAFF OR THE DEVELOPER? YEAH, FOR IT'LL BE BOTH.

I'LL DEAL WITH PETER FIRST.

IS THERE HEIGHT OF IT ANY KIND OF DROP OFF OR ANYTHING? OR IS IT JUST SAME PLANE? THE LAND THAT THEY'LL BE GETTING IS LEVEL WITH THEIR LOTS AND THEN AT THE BOUNDARY OF IT, IT SLOPES DOWN TO THE LAKE.

THEY'RE JUST GETTING OVER TO WHERE THE BOUNDARY IS AND THEN THE LAKE BEGINS.

YEAH, I'M JUST MORE CURIOUS IF THERE WOULD BE A RESPONSIBILITY ON ONE PARTY OR THE OTHER TO HAVE TO DO ANY GRADING OR ANYTHING.

BUT NO. OKAY.

WATER DRAINAGE. DO ANY OF THESE HOUSES ALONG THAT AREA HAVE ANY TYPE OF A FRENCH DRAIN OR ANYTHING THAT DRAINS INTO THAT POND? NOT THAT I'M AWARE OF.

I DON'T KNOW. I DON'T THINK SO.

AND WOULD THAT BE ILLEGAL FOR THEM TO HAVE ANY KIND OF FRENCH DRAIN THAT WOULD CROSS? SO THAT'S SOME OF THIS IS OUTSIDE OF THIS CURRENT REQUEST.

[00:10:01]

SO IF AN INDIVIDUAL PRIVATE PROPERTY OWNER WENT AND PAID A CONTRACTOR TO PUT IN A FRENCH DRAIN, THEY WOULD HAVE TO FOLLOW ANY APPLICABLE BUILDING PERMIT PROCESS. THESE WHAT THEY'RE ASKING FOR THIS PORTION OF THE LAND IS OUTSIDE OF THE FLOODPLAIN, BUT NOTHING WOULD PRECLUDE THEM IN THIS REQUEST FROM HIRING SOMEBODY TO PUT IN A FRENCH DRAIN IF THEY, YOU KNOW, DECIDED THEY NEEDED THAT.

BUT WHEN WE REVIEW THE REPLATS, WHICH STAFF HAS ALREADY REVIEWED, THEY'RE, YOU KNOW, ANYTHING THAT WOULD HAVE COME UP FOR ENGINEERING HAS BEEN ADDRESSED.

THERE'S NOT GOING TO CHANGE SUBSTANTIALLY THE LAND HOW IT IS TODAY.

IT'S JUST GOING TO ALLOW THEM TO ESSENTIALLY MOVE THEIR FENCE OUT AND HAVE A LARGER SPACE TO MOW AND PLAY AND DOGS AND STUFF LIKE THAT.

AND THERE'S NO UTILITY EASEMENTS OR ANYTHING BACK THERE.

IT'S JUST PROPERTY.

CORRECT. OKAY.

THERE'S FOR CLARIFICATION.

THE UTILITY EASEMENTS ON THEIR LOTS, LIKE ANY REGULAR LOT, BUT THESE AREAS DON'T HAVE ANY SPECIAL EASEMENTS ON THEM.

OKAY. BUT NOWADAYS THOSE UTILITY EASEMENTS ARE ALL ON THE FRONT.

EVERYTHING'S ON THE FRONT. AND THAT'S WHAT I THOUGHT BECAUSE I'VE WALKED THAT AREA BEFORE, MAYBE ABOUT A YEAR AGO OR SO.

AND I WAS JUST CURIOUS.

I COULDN'T REMEMBER THE ELEVATION HEIGHT AND I WAS JUST WONDERING KIND OF SOMETIMES WHEN WE GET IT'S NOT GOING TO BE WE'RE NOT TALKING ABOUT A BIG AREA.

SO I DIDN'T KNOW IF THERE'S GOING TO BE ANY RESTRICTIONS AS FAR AS PUTTING A SHED OR SOMETHING BACK THERE.

THEY'LL HAVE TO FOLLOW THE NORMAL BUILDING PERMIT PROCESS FOR THE CITY OF BURLESON.

WHAT I WOULD TELL YOU IS THE ONLY REAL RESTRICTION IS BECAUSE THEY'RE ADJACENT TO OPEN SPACE AREAS THEY HAVE TO USE WROUGHT IRON FOR THEIR FENCING.

NOW, WHO'S GOING TO BE RESPONSIBLE FOR THE FENCE COST MOVING? IS THAT GOING TO BE EACH HOMEOWNER? YES, THE HOMEOWNERS WOULD BE RESPONSIBLE, THE PRIVATE ENTITY.

OKAY. THAT'S ALL I HAD.

I'VE GOT ONE QUICK QUESTION AS IT RELATES TO LOT 24, WHICH IS NOT A PART OF THIS REQUEST, HAS THERE BEEN COORDINATION OF LOT 24 KNOW THAT THIS IS GOING ON OTHER THAN JUST THE NOTICE BECAUSE ARE WE FACING LOT 24 SAYING, OH, THEY'VE DONE THIS, I NOW WANT TO DO THIS AND IT COMES BACK UP AGAIN LATER.

SO. SO NOTHING WOULD KEEP ANY INDIVIDUAL THAT OWNS PROPERTY FROM REQUESTING A ZONING CHANGE, YOU KNOW.

SO IF IF THE OWNER OF LOT 24 APPROACHED MR. THOMAS AND SAID, HEY, I'D LIKE TO PURCHASE OR ACQUIRE THAT PARCEL FROM YOU, AND HE WANTED TO REPLAT IN ORDER TO MOVE HIS FENCE, THEN HE WOULD HAVE TO GO THROUGH THE SAME PROCESS.

I COULD TELL YOU PERSONALLY I DIDN'T GO KNOCK ON DOORS THROUGHOUT THE DEVELOPMENT AND TALK TO PERSONS, BUT EVERYBODY IN THE PD, ALL HOMEOWNERS WERE MAILED A NOTICE, ALL OWNERS ON THE CURRENT JOHNSON COUNTY APPRAISAL DISTRICT.

WE'VE HAD ONE OTHER HOMEOWNER INQUIRE ABOUT HOW THEY COULD DO SOMETHING SIMILAR, BUT IT WASN'T THE SAME SITUATION.

IT WAS THEM WANTING TO ACQUIRE A SECOND LOT.

SO NOTHING WOULD KEEP THE HOMEOWNER FROM LOT 24 FROM WANTING TO DO THIS OTHER THAN MAYBE HE DOESN'T WANT TO MOVE HIS FENCE, PAY FOR THAT.

MAYBE HE DOESN'T WANT HIS TAXES TO GO UP.

BUT HOPEFULLY THAT ANSWERS YOUR QUESTION.

YEAH, IT DOES. THANK YOU.

ALL RIGHT. ARE THERE ANY MORE QUESTIONS FOR MR. THOMAS? I'LL CLOSE THE PUBLIC HEARING AT 6:13 AND OPEN IT UP FOR ANY OTHER COMMENTS FROM THE COMMISSION. IF THERE ARE NONE, I WILL ENTERTAIN A MOTION.

MOTION TO APPROVE CASE 23-045.

I'LL SECOND THAT.

ALL RIGHT. I HAVE A MOTION BY CLINT AND A SECOND BY TODD.

ALL IN FAVOR, PLEASE RAISE YOUR HANDS.

PASSES UNANIMOUSLY.

WE WILL MOVE ON TO REPORTS AND PRESENTATIONS.

THERE ARE NONE.

NO COMMUNITY INTEREST ITEMS AND NO NEED FOR EXECUTIVE SESSION.

SO I WILL ADJOURN THE MEETING AT 6:14 P.M..

* This transcript was compiled from uncorrected Closed Captioning.