Apr 29, 2025 Planning & Zoning

WE READY?

[00:00:01]

THE,

[1. Call to Order]

DAVID? YES, MA'AM.

DENNIS BAUER HAS, DO YOU HEAVENLY FATHERS, WE OPEN OUR MEETING TONIGHT.

WE ACKNOWLEDGE YOU AS OUR CREATOR, YOUR SON, JESUS, THAT YOU SENT TO US AS OUR SAVIOR AND THE DISCIPLES AS TEACHERS.

THE LORD, AS WE MAKE DECISIONS TONIGHT, GIVE US WISDOM TO DO THE RIGHT THING.

WE ASK FOR FORGIVENESS.

IF WE FAIL, WE SAY ALL THIS IN YOUR SON'S NAME, JESUS CHRIST.

AMEN.

AMEN.

AMEN.

BE SEATED.

ALL RIGHT, NEXT UP IS PUBLIC COMMENTS.

SO ANY PERSON MAY ADDRESS THE PLANNING AND ZONING COMMISSION ON ANY ISSUES.

THE FLOOR IS OPEN.

OKAY.

SEEING THAT THERE IS NO ONE, THE CHAIR WILL CLOSE PUBLIC COMMENTS AND WE'LL MOVE TO THE CONSENT

[4. Consent Agenda]

THAT'S ALL MATTERS LISTED UNDER ITEM FOUR.

THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY, UM, BY THE PLANNING AND ZONING COMMISSION, AND WILL BE ENACTED IN ONE MOTION.

THE CHAIR WILL ENTERTAIN A MOTION.

I'LL SECOND.

OKAY.

WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR WITH YOUR RIGHT HAND? ANY OPPOSED? ALRIGHT.

MOTION CARRIES.

ALRIGHT,

[5. Public Hearing on a request by Ray Porter for a Specific Use Permit (SUP) for Accessory Structures exceeding 1,000 square feet in combined area use within a Commercial (C) zoning district located at 105 Lucas Street (Property ID 189027) – Owner(s): Ray Porter & Wanda Porter (ZDC-133-2024)]

ZACH, THANK YOU.

AS YOU NOTED FOR AGENDA ITEM FIVE, WE'VE GOT ZDC 1 33 20 24.

THIS IS GONNA BE A SPECIFIC USE PERMIT FOR 1 0 5 LUCAS STREET.

THIS PROPERTY IS SITUATED ON A COMMERCIAL ZONING DISTRICT AND IT'S IMPORTANT TO NOTE THAT THE ENTIRE SURROUNDING AREA IS, IS A COMMERCIAL ZONING DISTRICT.

AND AS YOU GO FARTHER NORTH, IT'S A LIGHT INDUSTRIAL ZONING DISTRICT.

SO THIS IS THE ONLY RESIDENTIAL HOME IN THE AREA.

UM, IT, IT IS A, UH, HISTORIC HOME, BUT IT'S OUTSIDE OF ANY HISTORIC DISTRICT, UH, THAT'S PRESENT IN WAXAHATCHEE.

UM, WE DID CHECK IN WITH THE, UH, HISTORIC PRESERVATION MANAGER FOR THE CITY, UH, BEFORE PROCESSING THIS SUP REQUEST, AND, AND SHE NOTED THAT THEY DO NOT HAVE ANY CONCERNS WITH THE SUP PROPOSAL AND WHAT THAT SUP PROPOSAL IS SPECIFICALLY HERE IS FOR A CARPORT, AN ACCESSORY STRUCTURE THAT'S GONNA BE PLACED IN FRONT OF THE HOME APPROXIMATELY OVER THE LOCATION OF THE EXISTING GRAVEL DRIVEWAY.

THE PURPOSE OF THE ACCESSORY STRUCTURE, THE CARPORT, IS TO SHIELD THE OWNER'S VEHICLES FROM SOME FALLING TREE DEBRIS THAT'S PRESENT, UH, DUE THEIR LARGE NUMBER OF LANDSCAPING AND AND MATURE TREES ON THE PROPERTY.

THEY ARE PROPOSING TO SLIGHTLY EXPAND THE GRAVEL DRIVEWAY TO ACCOMMODATE THE ACCESSORY STRUCTURE.

THAT CAR PART CARPORT IS PROPOSED TO BE ABOUT 576 SQUARE FEET IN SIZE.

THE APPLICANT, AS YOU MAY NOTE, DOES HAVE A FEW EXISTING ACCESSORY STRUCTURES ON THE PROPERTY, BUT IMPORTANTLY, NONE OF THOSE ARE SITUATED TO PROVIDE COVER OR GARAGE OR SHELTER FOR, FOR VEHICLES.

SO THAT'S WHAT THE REQUEST IS TONIGHT.

THIS IS A TOP DOWN VIEW OF WHERE THE CARPORT WILL BE SITUATED ON THE PROPERTY.

IT'S ABOUT 12 FEET FROM THE FRONT PROPERTY LINE DUE TO THE NATURE OF THE PROPERTY HERE AND THE WANT TO PRESERVE THOSE EXISTING TREES.

I MENTIONED, UH, THE STRUCTURE DOES NEED TO BE PLACED IN FRONT OF THE HOME HERE.

THIS IS A LOOK AT THE FRONT ELEVATION, THE PROPOSED HOME.

SO THE DESIGN OF THE PIERS, OR THE SUPPORT FOR THE STRUCTURE IS INTENDED TO TRY AND MATCH THE PRIMARY HOME, WHICH I'LL SHOW YOU A PICTURE OF HERE IN A MOMENT.

THE APPLICANT IS PROPOSING A BRONZE ROOF HERE.

THIS IS A LOOK AT THAT EXISTING DRIVEWAY STRUCTURE WOULD BE SITUATED JUST TO THE LEFT OF THE EXISTING GRAVEL HERE, WHICH AGAIN, WOULD BE EXPANDED AND THE PICTURE DOESN'T WANNA LOAD HERE.

THIS WOULD BE A LOOK AT THE FRONT OF THE HOME.

SO APOLOGIES ABOUT THAT.

AGAIN, THIS STRUCTURE IS DESIGNED TO TRY AND ACCENT THE DESIGN OF THE HOME, UH, TO THE BEST OF ITS ABILITY BEING A CARPORT.

STAFF ISSUED PUBLIC NOTICES FOR THIS AND RECEIVED NO LETTERS OF SUPPORT OR OPPOSITION FOR THEIR REQUEST.

ONE THING TO NOTE IS THE PROPERTY'S NOT CURRENTLY PLATTED.

USUALLY A PLAT WOULD BE REQUIRED BEFORE A BUILDING PERMIT IS ISSUED, AND AT THE TIME OF PLATTING, A UTILITY EASEMENT WOULD BE REQUIRED TO BE DEDICATED HERE.

UH, THE GOOD THING TO NOTE IS THAT THE UTILITIES IN THE AREA ARE ACTUALLY IN PLACE IN THE LUCAS STREET RIGHT OF WAY RIGHT NOW.

SO IF A UTILITY EASEMENT WAS TO BE DEDICATED THERE THROUGH THE PLATTING PROCESS, THERE WOULDN'T ACTUALLY BE ANY CITY UTILITIES THAT WOULD BE LOCATED THERE.

SO THIS IS JUST SOMETHING TO KEEP IN MIND AS THE APPLICANT PROCEEDS THROUGH THE DEVELOPMENT PROCESS HERE.

UM, BUT WITH ALL THAT IN MIND, STAFF IS SUPPORTIVE OF THE SUP REQUEST HERE.

SO WE ARE RECOMMENDING APPROVAL SUBJECT TO THE CONDITIONS CONTAINED IN YOUR STAFF REPORT.

GOT THOSE ON SCREEN HERE, AND I'M AVAILABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THOSE CONDITIONS AND THE APPLICANT'S HERE TONIGHT AS WELL.

IF YOU HAVE ANY QUESTIONS FOR HIM

[00:05:01]

THANK YOU ZACH.

ANYONE HAVE QUESTIONS FOR ZACH? ZACH, I HAVE ONE QUESTION.

SO IT ESSENTIALLY, ARE THEY GRANDFATHERED? IS THAT WHY WE DON'T, THEY DON'T NEED TO HAVE A PLAT? UH, IT IT'S JUST A CASE OF THE PROPERTY HAS NEVER BEEN PLOTTED BEFORE.

OKAY.

SO THE, THE HOME WAS, WAS DEVELOPED UH, LONG AGO.

IT IS QUITE AN OLD HOME, AS I MENTIONED, A A HISTORIC HOME.

SO, UM, NEVER JUST BEEN OFFICIALLY PLATTED.

IT'S NOT NECESSARILY UNCOMMON WITH THESE OLDER PROPERTIES TO FIND OUT IT'S NOT PLATTED.

OKAY.

AND THEN, UM, LET'S JUST GO ACAPELLA.

YEAH, NO WORRIES.

THERE IT GOES.

UM, SO WITH ACCESSORY STRUCTURES, ARE, WE'RE NOT EXCEEDING ANY LIMIT OR ANYTHING OF THAT NATURE, CAN I ASSUME THAT? YEAH.

SO THE TYPICALLY, UH, IN, IN THIS SCENARIO FOR A RESIDENTIAL HOME, IT'D BE IN A SINGLE FAMILY DISTRICT, RIGHT, WHICH WOULD HAVE A, A CAP OF TWO TO THREE STRUCTURES.

UM, THE CAVEAT TO THAT CAP, AND, AND KEEP IN MIND WE'RE NOT IN A RESIDENTIAL DISTRICT, BUT FOR THE SAKE OF ARGUMENT, THE ORDINANCE DOES ALLOW A ADDITIONAL STRUCTURES TO BE APPROVED THROUGH THE SUP PROCESS.

SO THIS IS THE APPROPRIATE PROCESS TO CONSIDER ADDITIONAL ACCESSORY STRUCTURES.

GOTCHA.

ANY OTHER QUESTIONS? ALRIGHT, THIS IS A PUBLIC HEARING, SO IS THERE ANYONE IN THE AUDIENCE THAT WOULD LIKE TO SPEAK FOR OR AGAINST, UM, THIS, UH, PROPOSAL? NO.

PLEASE GIVE YOUR NAME AND YOUR ADDRESS TO THE SECRETARY.

SURE.

UH, RAY PORTER WANDA AND I LIVE AT 1 0 5 LUCAS WAXAHATCHEE.

UH, I WANTED TO MENTION THAT IT DOES INDEED HAVE A PLAT , ALTHOUGH WE'VE ALREADY DISCUSSED THE, THESE ANCIENT PLATS 1976.

SO WE'LL PROBABLY HAVE TO MEET WITH ZACH AND, AND COMPLY WITH THE NEW, THE NEW PLATS.

AND I NOTICED IN THE, UH, IN THE INITIAL WRITEUP, IT SAID WE ONLY HAD A 12 FOOT SETBACK.

BUT IN MY, UH, COMMENTS, MY COMMENT RESPONSE FOR THE, UH, INITIAL, UH, REVIEW BY THE, UH, PNZ, I SAID THAT WE DID MOVE IT BACK TO 16 FEET FROM THE PROPERTY LINE.

SO THAT WAY, WE'LL, WE, I MEAN 15 FEET, EXCUSE ME.

SO WE'LL BE WITHIN THE 15 FEET AND NOT THE 12 FEET, WHICH IS IN THE, IN THE ORIGINAL, UH, DOCUMENT BEFORE Y'ALL.

BUT, UH, WE'VE HAD, WE WE'RE COMPLETELY SURROUNDED BY STEEL FENCES AND SO THAT'S WHY WE WANTED TO PUT IT IN FRONT BECAUSE WE HAVE NO REAR ACCESS AND WE'VE BEEN PARKING THERE FOR 22 YEARS.

BUT WE HAVE A GRACKLE PROBLEM AND WE HAVE A, A HAIL PROBLEM AND PECAN TREE PROBLEM, AS YOU MIGHT IMAGINE.

AND SO I JUST WANTED TO CLARIFY ALL THAT WITH YOU GUYS.

IF YOU HAVE ANY QUESTIONS, JUST, HI, MR. PORTER.

HELLO.

UM, SIR, I, PLEASE FORGIVE MY IGNORANCE.

HOW WOULD YOU GET INTO THE, THE, THE, UM, UH, THE BACK ADDITION? THE BACK PART? YEAH, I HAVE A DRAWING.

HOLD ON.

UH, WHEN THE STRENGTHS BUILT THEIR MEDICAL CENTER BEHIND US, I HAD TO GIVE THEM RELIEF FOR A THREE FOOT SETBACK FROM OUR BACK FENCE.

AND IN LIEU OF THAT, KEVIN SOLD ME THIS LITTLE STRIP HERE SO I'D HAVE ACCESS TO THE BACK.

AND SO OUR, OUR ACTUAL CARPORT WILL BE OVER AND THEN I'LL HAVE THIS ACCESS HERE FOR WORK TRUCKS, PLUMBERS, WHOEVER NEEDS TO GET IN THE BACK.

OKAY.

AND SO THAT'S HOW IT GOT, THAT'S HOW I GOT TO THIS POINT.

BUT, UH, AND SO WE WANNA MAKE IT NICE, YOU KNOW, WE'RE HISTORICAL HOME 1932 AND SO ME AND MY WIFE ARE ARGUING ABOUT THE TOP AND, AND THE ROOF AND STUFF LIKE THAT.

BUT, UH, ANYWAY, IT'LL BE REAL NICE AND UH, IT'LL MAKE OUR, MAKE IT LOOK GOOD ON LUCAS STREET.

SO THANK YOU SO MUCH.

ALRIGHT, ANY OTHER QUESTIONS FOR MR. PORTER? THANK YOU, SIR.

ALL RIGHT.

ANYONE ELSE? ALL RIGHT.

THE CHAIR WILL CLOSE, UM, PUBLIC COMMENTS

[6. Consider recommendation of ZDC-133-2024]

MADAME CHAIR, I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 1 33 DASH 2024, SUBJECT TO THE CONDITIONS THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY.

SECOND, WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR, RAISE YOUR RIGHT HAND.

ANY OPPOSED? MOTION CARRIES.

ALL RIGHT.

UM, THE NEXT ITEM

[7. Public Hearing on a request by Robert Morgan, Robert Morgan Construction for a Specific Use Permit (SUP) for Accessory Structures exceeding 1,000 square feet in combined floor area use within a Future Development (FD) zoning district located at 3349 Howard Road (Property ID 176528) – Owner(s): Robert & Kristy Pennock (ZDC-39-2025)]

ROBERT MORGAN CONSTRUCTION FOR A SPECIFIC USE PERMIT FOR ACCESSORY STRUCTURE EXCEEDING A THOUSAND SQUARE FEET IN COMBINED FLOOR AREA WITHIN A FUTURE DEVELOPMENT ZONING

[00:10:01]

PROPERTY ID 1 7 6 5 2 8.

THE OWNERS ARE ROBERT AND CHRISTIE PENNOCK.

IT'S ZDC DASH 39 DASH 2025.

ZACH, IS THAT YOU? YES.

THANK YOU.

OKAY.

AGENDA ITEM SEVEN FOR ZDC 39.

THAT'S 2025, AS YOU NOTED, IS GONNA BE ANOTHER SPECIFIC USE PERMIT REQUEST FOR AN ACCESSORY STRUCTURE AT 33 49 HOWARD ROAD.

THIS PROPERTY'S A LITTLE OVER AN ACRE AND A HALF IN SIZE AND IT'S LOCATED IN THE FUTURE DEVELOPMENT ZONING DISTRICT.

THIS PARTICULAR REQUEST INVOLVES A 1016 SQUARE FOOT ACCESSORY STRUCTURE INTENDED TO BE A POOL HOUSE.

UH, I THINK SPECIFICALLY FOR THE, UH, OWNER'S, UH, GRANDCHILDREN TO BE ABLE TO ENJOY THE POOL.

SO THEIR, UH, PROPERTY IS ACTUALLY IN AN AREA WHERE ACCESSORY STRUCTURES ARE QUITE COMMON.

SO THERE'S BEEN SEVERAL COMPARABLE ACCESSORY STRUCTURES APPROVED WITHIN A HALF MILE RADIUS OF THE PROPERTY.

YOU CAN ACTUALLY SEE ONE HERE TO THE SOUTH, UH, AS WELL.

SO THE PROPOSAL IS IN KEEPING, UH, WITH THAT STANDARD FOR THESE LARGER LOTS OF HAVING SOME ACCESSORY STRUCTURES ON THE PROPERTY, PLUMBING AND ELECTRICAL WORK ARE PROPOSED FOR THE ACCESSORY STRUCTURE.

THEY'RE GONNA TIE INTO THE MAIN HOME, SO THEY'RE NOT GONNA BE SEPARATELY METERED.

AND IMPORTANTLY, THE HOME, THE ACCESSORY STRUCTURE IS NOT GONNA BE DESIGNED TO ACCOMMODATE, UH, A DWELLING.

IT'LL HAVE A HALF BATH AND A KITCHEN, BUT NO IMPROVEMENTS THAT WE WOULD TRIGGER IT TO BE CONSIDERED A DWELLING.

THE APPLICANT HAS PROVIDED, UH, IN WRITING AN OPERATIONAL PLAN STATING THEY ACKNOWLEDGE THEY'RE NOT GONNA USE IT AS A BUSINESS OR SHORT TERM RENTAL OR, OR A DWELLING.

JUST THE POOL HOUSE HERE.

UH, THE SITE PLAN HERE, YOU CAN SEE THE PROPOSED STRUCTURE IS GONNA BE LOCATED JUST BEHIND THE POOL HOUSE HERE.

IT'S NOT GONNA BE ACCESSIBLE VIA DRIVEWAY OR ANY VEHICLES BACK THERE STRICTLY FROM, UH, THE POOL AREA.

THIS IS A GOOD LOOK AT THE ELEVATIONS THAT HAVE BEEN PROVIDED.

YOU CAN SEE THE FRONT ELEVATION HERE IN THE CORNER WITH THE DOUBLE DOORS OPENING AGAIN TOWARDS THE POOL.

THAT IS THE FOCUS HERE.

STAFF DID RECEIVE TWO LETTERS OF SUPPORT AND TWO LETTERS OF OPPOSITION FOR THE REQUEST.

YOU CAN SEE THOSE ON SCREEN HERE.

BOTH OPPOSITION LETTERS CAME IN FROM THE SAME HOUSEHOLD JUST BEHIND THE PROPERTY HERE, UM, BUT DOES NOT TRIGGER A SUPER MAJORITY VOTE FOR APPROVAL IN THIS CASE.

WE ARE GONNA BE RECOMMENDING APPROVAL OF THE SUP REQUEST, SUBJECT TO THE TYPICAL CONDITIONS FOR ACCESSORY STRUCTURES THAT ARE LISTED IN THE STAFF REPORT AND ONSCREEN HERE.

I KNOW THE OWNERS ARE PRESENT TONIGHT.

IF YOU HAVE ANY QUESTIONS FOR THEM, I'M ALSO AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE.

THANK YOU.

OKAY, THANK YOU ZACH.

ANYONE HAVE QUESTIONS FOR THE STAFF? NO QUESTIONS FOR THE OWNERS.

ALL RIGHT.

THIS IS A PUBLIC HEARING, SO IF ANYONE WANTS TO SPEAK IN, UM, OPPOSITION OR SUPPORT.

OKAY.

ALL RIGHT, WELL, WE'LL CLOSE THE PUBLIC HEARING AND THE CHAIR WILL ENTERTAIN

[8. Consider recommendation of ZDC-39-2025]

MAD CHAIRMAN, I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 39 DASH 2025, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.

I'LL SECOND.

ALL RIGHT, WE HAVE A MOTION AND A SECOND.

ALL THOSE IN FAVOR SHOW YOUR RIGHT HAND.

ALL THOSE OPPOSED.

ALL RIGHT, THE MOTION CARRIES, AND I BELIEVE THAT IS IT.

WE'RE ADJOURNED.

TA, YOU DID GREAT, .

IT WAS MY FIRST NIGHT, SO .