[00:00:05]
[1.Call to Order]
WE WILL CALL TO ORDER TUESDAY, FEBRUARY THE 10TH 26, 20 26 PLANNING AND ZONING COMMISSION MEETING WHERE OUR FOCUS WILL BE ON THE BEST AND HIGHEST USE OF THE LAND FOR WAXAHATCHEE, TEXAS.IF EVERYONE WOULD PLEASE STAND FOR THE INVOCATION, WHICH WILL BE LED BY COMMISSIONER SIMPSON.
HEAVENLY FATHER, WE ASK FOR WISDOM, CLARITY, AND HUMILITY AS WE CARRY OUT THE RESPONSIBILITIES BEFORE US GUIDE OUR DISCUSSIONS AND DECISIONS SO THEY'RE THOUGHTFUL, FAIR AND MINDFUL OF BOTH PRESENT NEEDS AND FUTURE GENERATIONS.
HELP US LISTEN WITH RESPECT, SPEAK WITH PURPOSE, AND ACT IN SPIRIT OF SERVICE TO OUR COMMUNITY.
PEOPLE THAT HAVE SUBMITTED A PUBLIC APPEARANCE CARD MAY ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY ISSUE.
THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COMMISSION ON ANY CONCERN WHETHER ON THIS AGENDA OR NOT IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.
THE COMMISSION MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD EXCEPT AS AUTHORIZED BY SECTION 5 5 1 0.042 TEXAS GOVERNMENT CODE.
AT THIS TIME, NO PUBLIC APPEARANCE CARDS WERE SUBMITTED AND WE WILL MOVE ON TO THE CONSENT AGENDA.
[4. Consent Agenda]
UNDER ITEM FOUR ARE CONSIDERED ROUTINE BY PLANNING AND ZONING COMMISSION AND WILL BE ENACTED BY ONE MOTION.THERE WILL NOT BE SEPARATE DISCUSSIONS OF THESE MATTERS.
APPROVAL OF THE CONSENT OF AGENDA AUTHORIZES THE PLANNING AND ZONING COMMISSIONER TO EXECUTE ALL MATTERS NECESSARY TO IMPLEMENT EACH ITEM.
ANY ITEM MAY BE REMOVED FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION AND CONSIDERATION BY ANY MEMBER OF THE PLANNING AND ZONING COMMISSION.
THE CHAIR WILL ENTERTAIN A MOTION.
MAKE A MOTION TO APPROVE THE CONSENT AGENDA SUBJECT TO THE RECOMMENDATIONS OF STAFF.
NO, WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
[5. Public Hearing on a request by Derrick & Shawna Cunningham for a Specific Use Permit (SUP) for a Short-Term Rental use within a Single Family-2 (SF-2) zoning district located at 707 Dunn Street (Property ID 173450) - Owner: Derrick & Shawna Cunningham (ZDC 172-2025) rdinance approving ZDC-172-2025 ]
NUMBER FIVE, PUBLIC HEARING ON A REQUEST BY DEREK AND SHAUNA CUNNINGHAM.FOR SPECIFIC USE PERMIT FOR SHORT-TERM RENTAL USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT 7 0 7 DUN STREET.
OWNERS DEREK AND SHAUNA CUNNINGHAM.
COMMISSIONERS THE APPLICANT REQUEST TO REZONE THE PROPERTY FROM SINGLE FAMILY TWO TO SINGLE FAMILY TWO WITH AN SUP TO ALLOW FOR SHORT-TERM RENTAL.
THE SUBJECT PROPERTY IS LOCATED AT 7 0 7 DUN STREET AND HAS THREE BEDROOMS AND THREE OFF STREET PARKING SPACES.
THE APPLICANT HAS REQUESTED TO LIMIT THE OCCUPANCY TO SIX GUESTS.
THE APPLICANT HAS NOT BEEN OPERATING AS A SHORT-TERM RENTAL IN THE PAST.
THERE HAVE BEEN NO NUISANCE RELATED CALLS TO THE PROPERTY WITHIN THE PAST 12 MONTHS.
THE EMERGENCY CONTACT IS LOCATED APPROXIMATELY 20 MILES AWAY FROM THE UM, SUBJECT PROPERTY ECA.
UM, ELLIS COUNTY APPRAISAL DISTRICT IDENTIFIES THE SUBJECT PROPERTY AS A HOMESTEAD AND THE APPLICANT IS AWARE THAT THE HOMESTEAD EXEMPTION HAS TO BE REMOVED BEFORE ING THE SHORT TO RENTAL.
HERE'S THE FLOOR AND SITE PLAN HERE, UM, AND THEN IF YOU KEEP GOING, THAT'S THE FRONT OF THE PROPERTY.
STAFF HAS RECEIVED TWO LETTERS OF SUPPORT AND FIVE LETTERS OF OPPOSITION FOR THE PROPOSED SUP AND SHOULD THE COMMISSION CONSIDER APPROVAL STAFF HAS PROVIDED CONDITIONS, I'M OPEN TO ANY AND ALL QUESTIONS AND THE APPLICANTS ARE ALSO PRESENT.
DAVID, ARE THERE ANY QUESTIONS FOR STAFF? COULD THE APPLICANT PLEASE COME FORWARD? PLEASE STATE YOUR NAME AND ADDRESS FOR US.
UH, MY NAME IS DERRICK CUNNINGHAM.
THAT'S ENNIS, TEXAS 7 5 1 1 9.
OKAY, DO WE HAVE ANY QUESTIONS FOR THE APPLICANTS? OKAY.
DO Y'ALL HAVE ANY OTHER RENTAL PROPERTY? UH, WE HAVE ONE PROPERTY THAT WE OWN IN PALMER AND THAT'S A LONG-TERM RENTAL, BUT WE DON'T HAVE ANY OTHER SHORT-TERM RENTAL PROPERTIES.
THE COMMISSION RECOGNIZES ANY MEMBER OF THE PUBLIC WHO HAS SUBMITTED A PUBLIC APPEARANCE CARD TO SPEAK DURING ITEM NUMBER FIVE ZDC 1 7 2 2 0 2 5.
PUBLIC HEARING SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT.
WE DID NOT RECEIVE ANY, UM, PUBLIC APPEARANCE CARDS.
SO WE WILL CLOSE THE PUBLIC HEARING.
[6.Consider recommendation of ZDC-172-2025]
WILL ENTERTAIN A MOTION MOVE TO RECOMMEND APPROVAL OF CDC 1 7 2 20 25 AND SUP FOR SHORT-TERM RENTAL.[00:05:01]
SUBJECT TO THE CONDITIONS IN THE STAFF REPORT.WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
[7.Public Hearing on a request by Kelly Dlabaj for an Amendment to Ordinance No. 3121, to eliminate the requirement for a HOA Amenity lot within an approved 7-lot Planned Development-Single Family-3 (PD-SF-3) zoning district located at 300 Haley Drive (Property ID 314068) - Owner: Kelly Dlabaj and Adrian Tijerina (ZDC-178-2025)]
SIX, PUBLIC HEARING ON A REQUEST BY KELLY LAGE FOR AN AMENDMENT TO ORDINANCE NUMBER 3 1 2 1.TO ELIMINATE THE REQUIREMENT FOR AN HOA AMENITY LOT WITHIN AN APPROVED SEVEN LOT PLANNED DEVELOPMENT SINGLE FAMILY THREE ZONING DISTRICT LOCATED AT 300 HALEY DRIVE, PROPERTY ID 3 1 4 0 6 8.
OWNER KELLY LAGE AND ADRIAN TE ZDC 1 78 2 0 2 5.
HI, GOOD EVENING COMMISSIONERS.
TONIGHT I'M PRESENTING ZDC 1 78 20 25 FOR AN AMENDMENT TO ORDINANCE NUMBER 3 1 2 1 TO ELIMINATE THE REQUIREMENT FOR AN HOA AMENDING LOT WITHIN AN APPROVED SEVEN LOT PLAN DEVELOPMENT SINGLE FAMILY THREE ZONING DISTRICT, THE SUBJECT PROPERTY IS LOCATED AT 300 HALEY DRIVE.
IT'S AT SITS ON APPROXIMATELY 0.068 ACRES.
THE REQUEST FOR FOREST TONIGHT FOCUSES ON AMENDING AN ALREADY EXISTING PD IN ORDER TO FACILITATE A POTENTIAL FUTURE REPL AND LAND DEDICATION.
THE APPLICANT IS PROPOSING TO ELIMINATE THE DESIGNATED HOA AMENDING LOT WITHIN THIS PLAN DEVELOPMENT.
AS YOU CAN SEE IN THE THE ZONING MAP, A LITTLE BIT OF CASE HISTORY FOR YOU ALL.
ORDINANCE NUMBER 3 1 2 1 WAS APPROVED ON JUNE 17TH, 2019 IN WHICH THE APPROVED ORDINANCE SPECIFICALLY DEDICATES AN HOA AMENITY LOT THAT WAS INTENDED TO CONTAIN SEVERAL IMPROVEMENTS SUCH AS A COUPLE OF GAZEBOS AND A FOUNTAIN.
HOWEVER, THESE IMPROVEMENTS NEVER CAME TO PASS AND INSTEAD A BIRD BATH AND SHEA COVER WAS CONSTRUCTED DUSTY DEVIATING FROM THE ZONING REQUIREMENTS SHORTLY THEREAFTER, THOSE AMENITIES WERE, UM, WERE PROMPTLY REMOVED WHILE THE AGE INCIDENT RESIDENTIAL, UH, OWNERS, UH, OR THE RESIDENTIAL FENCE, EXCUSE ME, EXTENDED TO ENCOMPASS THE AMENITY LOT WHILE ALSO EXPANDING INTO THE BACKYARD OF THE ADJACENT RESIDENCE.
THE APPLICANT PURCHASED 300 HALEY DRIVE UNDER THE IMPRESSION THAT THE SUBJECT PROPERTY, THE HOA LOT WAS INCORPORATED WITH THEIR PROPERTY DUE TO THE FACT THAT THE AREA IS CURRENTLY BEING USED AND MAINTAINED AS A PRIVATE REAR AND SIDE YARD TO THE ADJACENT PROPERTIES BY THE ADJACENT PROPERTY OWNERS.
THE CURRENT LAYOUT OF THE SITE DOES NOT GIVE THE IMPRESSION THAT THERE SHOULD BE AN EXISTING SEPARATE AMENITY LOT AT THIS LOCATION DUE TO THE CONFIGURATION OF EXISTING FENCING.
THE MENTIONED LOT IS PROPOSED TO BE ELIMINATED AN ORDER TO NOT ONLY REFLECT THE CURRENT CONFIGURATION OF THE SUBJECT PROPERTY, BUT ALSO ALLOW FOR A POTENTIAL FUTURE REPL AND LAND DEDICATION OF THE PROPERTY THAT WOULD BE COMPLIANT WITH SF THREE ZONING REGULATIONS IF IT WERE TO PASS TO COMPLY WITH STATE LAW.
22 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET OF SUBJECT PROPERTY AND THE TIME SINCE THIS AGENDA HAS BEEN PUBLISHED, STAFF HAS RECEIVED THREE LETTERS OF SUPPORT WHEN ONE LETTER OF OPPOSITION.
UM, ADDITIONALLY STAFF HAS DETAILED THE CONDITIONS OF APPROVAL FOR THE ZONING CHANGE REQUEST IN WHICH THE APPLICANT ADHERE TO AND RESOLVE.
UM, SHOULD YOU HAVE ANY QUESTIONS EITHER I I BELIEVE THE APPLICANT IS HERE IF YOU HAVE ANY.
ANY QUESTIONS FOR STAFF? ALRIGHT.
I JUST WANNA MAKE SURE THAT I'M UNDERSTANDING.
SO IT'S BEEN WHAT, LIKE SIX YEARS SINCE THE DEVELOPER PUT EVERYTHING IN AND THEN TOOK IT OUT ESSENTIALLY? YES.
HOW MANY TIMES HAS THE PROPERTY CHANGED HANDS? I BELIEVE IT'S ONLY ONCE.
AND THE ORIGINAL DEVELOPER, FLASH OWNER OF THE SEVEN LOT PD IS NO LONGER, UM, OBVIOUSLY, UH, DOESN'T NO LONGER OWN IN THE PROPERTY.
WE SLOW THERE SINCE INCEPTION.
THIS IS OUR NEXT DOOR NEIGHBOR.
GIVE US JUST A SECOND NOW IF WE CAN GET YOU UP TO THE MICROPHONE CAN COME UP TO THE MICRO IF YOU DON'T MIND.
COULD YOU STATE YOUR NAME AND ADDRESS FOR US PLEASE? SURE.
KELLY DELA BY 300, HAILEY DRIVE.
UM, SO, UH, THIS IS ANDREW LE MINE AND ADRIAN'S NEIGHBOR.
HE'S LIVED IN THE NEIGHBORHOOD SINCE INCEPTION.
UM, SO HE BOUGHT THE HOME NEXT DOOR TO OURS, 3 0 4 HALEY DRIVE FROM THE DEVELOPER.
UM, NONE OF THE THINGS IN THOSE DRAWINGS HAVE EVER BEEN ON PREMISES.
MY HUSBAND AND I BOUGHT THE HOME, UM, MAR UH, APRIL OF LAST YEAR.
AND THEN CAME TO REALIZE THAT THE PROPERTY IN QUESTION WAS GOING TO BE UP FOR TAX AUCTION ON AUGUST 5TH.
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AND I CHASED DOWN SOUTH FORT CAPITAL WHO WAS, UH, STILL, I, I GUESS, UH, OWNED THE PROPERTY.THEY HAD NEVER PAID THE BACK TAXES AND THEY GAVE ME THE OPTION TO PAY THE BACK TAXES AND PROVIDE ME WITH A DEED.
UM, THINKING IT WOULD JUST BE AS SIMPLE AS TO GET A REPL DONE, SELL OUR NEIGHBORS THEIR HALF OF THE PROPERTY AS IT WAS ALREADY FENCED IN AND MOVE ALONG AND THEN THAT WASN'T THE CASE, SO.
AND SO NO HOA WAS EVER FORMED, UH, WITHIN THE NEIGHBORHOOD? UM, IT, IT'S VERY STRANGE BECAUSE IT IS GATED SO WHEN THINGS BREAK, LIKE THERE'S NO ACCOUNTABILITY FOR ANY OF THOSE THINGS AND WE'VE BOTH ALWAYS MAINTAINED THAT PORTION OF THE PROPERTY ON EACH OF OUR SIDES.
ANY QUESTIONS? UH, JUST A QUESTION FOR CLARIFICATION.
SO ESSENTIALLY IT WAS A PRIVATE SALE IN LIEU OF THE TAX SALE, SO THERE WASN'T ANY TITLE WORK DONE ON IT, IS THAT CORRECT? NO.
AND YOU KNOW, AND IT'S, IT'S, IT'S OUR FAULT AND I'M KIND OF EMBARRASSED TO SAY, BUT WE DIDN'T HAVE THE BEST REALTOR AND WE PAID CASH FOR OUR HOUSE AND SHE SAID, OH, WELL, SINCE YOU'RE PAYING CASH YOU WON'T NEED A SURVEY.
AND SO WE NEVER ACTUALLY SAW THE BOUNDARIES OF IT.
AND THEN I STARTED LOOKING ONE DAY AND I SAW THAT THERE WAS A SIX PROPERTY IN THAT FIVE HOME STREET OR THAT NEIGHBORHOOD, AND THAT'S WHEN I REALIZED TO LOOK INTO WHAT IT WAS, AND THAT WAS LAST JULY.
AND SEEING THAT SOUTH FORK CAPITAL WAS THE OWNER OF THE PROPERTY THEN, YOU KNOW, WENT TO THEM AND CAME TO THE CONCLUSION OF ALL OF THIS.
AND IT, YOU KNOW, AS IT WAS STATED, IT'S ALREADY BEEN FENCED IN AS THOUGH IT BELONGS AND EVEN ON THE PREVIOUS SURVEYS, UM, LIKE THAT, ANDREW HERE HAS IT INSINUATES THAT THAT IS PART OF THE PROPERTY.
UM, IT'S OUTSIDE OF THE BOUND, BUT IT IS DRAWN ON THERE, SO IT'S VERY ODD.
THE COMMISSION RECOGNIZES ANY MEMBER OF THE PUBLIC WHO HAS SUBMITTED A PUBLIC APPEARANCE CARD TO SPEAK DURING ITEM NUMBER SEVEN ZDC 1 78 2 2 5.
PUBLIC HEARING SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT.
WE DID NOT RECEIVE ANY, UM, PUBLIC APPEARANCE CARDS, SO WE WILL CLOSE THE PUBLIC HEARING.
[8.Consider recommendation of ZDC-178-2025 ]
ENTERTAIN A MOTION I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 1 7 8 20 25, A PLAN DEVELOPMENT AMENDMENT TO ELIMINATE THE REQUIREMENT FOR AN HOA AMENITY LAW WITHIN AN APPROVED SEVEN LOT PLAN DEVELOPMENT SINGLE FAMILY THREE ZONING DISTRICT SUBJECT TO THE CONDITIONS OF THE STAFF REPORT.SECOND, WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
UM, NOW FOR THE STAFF AND COMMISSION COMMENTS, TRENTON? UH, YES, UH, REAL QUICK.
UM, YOU ALL KNOW THAT I LIKE DOING TRAININGS AND ALL THAT.
UM, I, I'VE BEEN SPEAKING TO THE CHAIR, UH, QUITE A BIT AND WE'VE BEEN DISCUSSING, UM, DIFFERENT TRAININGS FOR THE PLANNING COMMISSION AND SHE'S ASKED US TO GET WITH THE CITY ATTORNEY AND SEE IF THERE'S A LEGAL TRAINING THAT WE CAN SET UP FOR YOU ALL SINCE YOU'RE ALL FAIRLY, UH, NEW TO THE COMMISSION.
UM, SO WE ARE WORKING WITH THE ATTORNEY TO COME UP WITH SOME DATES.
I'LL BE REACHING OUT TO ALL OF YOU TO KIND OF FIGURE OUT A DATE THAT WORKS FOR ALL OF YOU TO HAVE A, IT'S GONNA BE ABOUT 45 MINUTES, THE TRAINING, UM, THAT WOULD BEST FIT YOUR SCHEDULE.
SO, UM, LOOK OUT FOR THAT EMAIL.
ZACH? NOT THAT THANK YOU, HONOR.
COMMISSIONER SIMPSON, VICE CHAIR? I'M GOOD.
DON'T LOOK THAT WAY,
IT IS THE COMMISSION'S HONOR AND PRIVILEGE TO SERVE THE CITY AND ITS CITIZENS.