Jun 15, 2026 City Council Regular Meeting

[ 1. Call to Order]

[00:00:05]

WE WILL GO AHEAD AND GET THIS MEETING STARTED.

I AM MAYOR BILLY WALLACE.

THANK YOU ALL FOR BEING HERE THIS EVENING.

I KNOW SOME OF YOU HAVE AN AGENDA ITEM.

SOME OF YOU HAVE COME TO SPEAK, UH, ON A SUBJECT, UH, THAT'S NEAR AND DEAR TO YOUR HEART.

UH, BUT EITHER WAY, THANK YOU FOR BEING HERE.

AND THANK YOU FOR CARING ABOUT WAXAHATCHEE.

WE HAVE A GREAT CITY TO LIVE IN, AND, UH, THOSE OF US THAT HAVE BEEN HERE FOR A MINUTE ARE PROUD OF IT AND GLAD TO BE HERE.

SO AGAIN, THANK YOU, UH, WITH THAT, WOULD YOU STAND FOR THE INVOCATION? GRACIOUS, HEAVENLY FATHER, WE COME TO YOU AT THIS TIME, TO THANK YOU, LORD.

JUST THANK YOU FOR, UH, FOR, UH, FOR GIVING US, LORD, FOR ALL OF OUR BLESSINGS, FOR BEING WITH US, UH, DURING OUR DIFFICULT TIMES, OUR TIMES, THAT UH, THAT, THAT WE FEEL GOOD AND, AND FEEL LIKE EVERYTHING'S GOING GOOD IN OUR LIFE.

LORD, JUST THANK YOU FOR ALWAYS BEING WITH US.

AND LORD, JUST BE WITH US, UH, HERE, UH, ON COUNCIL AS WE MAKE IMPORTANT DECISIONS FOR THE CITY.

UH, HELP US JUST TO DO IT WITH HEART AND COMPASSION, UH, FOR THE COMMUNITY AND, UH, THE, UH, MANY PEOPLE, UH, THAT ARE HERE AND THAT LOVE THIS CITY ALONG WITH US.

AND, UH, LORD, FORGIVE US FOR ANY SINS WHO MAY HAVE COMMITTED AND CONTINUE TO BE WITH US EVERY STEP OF THE WAY.

EVERY DAY.

WE ASK THIS IN YOUR HOLY SON'S NAME, AMEN.

AMEN.

IF YOU WOULD, UH, JOIN US IN THE PLEDGE, PLEASE.

I PLEDGE FOR 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 HONOR, HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE TO BE TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

THANK YOU MAY BE SEATED.

THAT

[ 4. Announcements/Presentations]

AND WHEREAS WAXAHATCHEE ARE, THE CITY OF WAXAHATCHEE IS COMMITTED TO PROVIDING EXCEPTIONAL PARKS, RECREATIONAL OPPORTUNITIES, SPECIAL EVENTS, ATHLETIC FIELDS, TRAILS AND COMMUNITY GATHERING SPACES THAT ENHANCE THE QUALITY OF LIFE FOR RESIDENTS AND VISITORS ALIKE.

WHEREAS EVERY DAY, THROUGHOUT THE YEAR, WAXAHATCHEE, RESIDENTS OF ALL AGES ENJOY OPPORTUNITIES TO PLAY, COMPETE, EXPLORE, LEARN, CELEBRATE, AND CONNECT THROUGH PARKS, FACILITIES, PROGRAMS, AND EVENTS THAT BRING FAMILIES TOGETHER, ENCOURAGE ACTIVE LIFESTYLES AND STRENGTHEN THE SENSE OF COMMUNITY THAT MAKES WAXAHATCHEE SPECIAL.

WHERE'S OUR PARKS HOST? EVERYTHING FROM YOUTH BASEBALL TOURNAMENTS AND FITNESS ACTIVITIES TO FESTIVALS, FAMILY OUTINGS AND COMMUNITY CELEBRATIONS, CREATING EXPERIENCES THAT BRING PEOPLE TOGETHER ACROSS GENERATIONS.

AND WHERE IS THE SUCCESS OF WAXAHATCHEE? PARKS AND RECREATION SYSTEM IS MADE POSSIBLE THROUGH THE DEDICATION OF STAFF, VOLUNTEERS, SPONSORS, COMMUNITY PARTNERS AND RESIDENTS WHO WORK TOGETHER TO CREATE OPPORTUNITIES THAT STRENGTHEN OUR CITY.

WHEREAS THE NATIONAL RECREATION AND PARKS ASSOCIATION HAS DE HAS DESIGNATED JULY AS PARKS AND RECREATION MONTH AND THE 2026 THEME BUILD TOGETHER, PLAY TOGETHER CELEBRATES THE ESSENTIAL ROLE PARKS AND RECREATION PLAY IN CREATING HEALTHY, CONNECTED, AND THRIVING COMMUNITIES THROUGH COLLABORATION, SHARED EXPERIENCES, AND ME MEANINGFUL COMMUNITY CONNECTIONS.

AND NOW THEREFORE, BE IT PROCLAIMED THAT I, BILLY WALLACE, MAYOR OF WAXAHATCHEE, ALONG WITH THE ENTIRE CITY COUNCIL, DO HEREBY PROCLAIM JULY, 2026 AS PARKS AND RECREATION MONTH, AND ENCOURAGE ALL RESIDENTS TO DISCOVER A NEW PARK, ENJOY A TRAIL, SUPPORT LOCAL RECREATION PROGRAMS, AND CELEBRATE THE SPACES AND EXPERIENCES THAT MAKE WAXAHATCHEE A GREAT PLACE TO LIVE,

[00:05:01]

PROCLAIM THIS 15TH DAY OF JUNE, MAYOR BILLY WALLACE.

THANK YOU, MAYOR.

I'D JUST LIKE TO SAY A FEW WORDS.

UH, BEAR WITH ME.

I HAVE A LITTLE WRITTEN SPEECH HERE.

I USUALLY DON'T DO THIS, BUT, UM, THERE'S A LOT OF PEOPLE TO THANK.

WE GOT A LOT OF GREAT STAFF ON, ON BOARD.

UM, YOU KNOW, WE GOT BRAD, OUR ASSISTANT DIRECTOR, STEVE HAM, IT'S CEMETERY NEIL.

THERE, THERE'S COUNTLESS MEMBERS.

JOELLE, THERE'S A LOT OF MEMBERS HERE, AND I WISH THEY WERE ALL HERE SO YOU COULD SEE THEIR FACES, BUT THAT'S KIND OF WHAT WE DO.

WE OPERATE, WE OPERATE BEHIND THE SCENES A LOT OF TIMES WITHOUT PEOPLE KNOWING.

AND, AND THEY DO IT WITH A SMILE EVERY DAY.

YOU KNOW, WHENEVER YOU SEE A, A WELL MAINTAINED PARK, A WELL KEPT TRAIL, A FACILITY THAT'S BEEN CLEANED, YOU ALWAYS WONDER HOW.

BUT WE KNOW HOW, IT'S THE MEN AND WOMEN OF THIS DEPARTMENT THAT I WOULD PUT UP AGAINST ANY IN THE NATION.

AND, AND IT'S, UH, IT'S WITH PRIDE AND JOY THAT I RECOGNIZE THESE INDIVIDUALS.

NOT ONLY IS THE MONTH PARKS AND REC MONTH, BUT THIS IS ALSO A, UH, RECOGNITION OF THEIR EFFORTS AS WELL.

SO PLEASE JOIN ME IN RECOGNIZING THEM AS WELL.

VERY GOOD.

WE CAN TAKE A PICTURE, PLEASE.

YEAH, PLEASE.

I CAN'T SAY ENOUGH GOOD THINGS ABOUT OUR PARK DEPARTMENT.

OUR PARKS ARE BEAUTIFUL HERE.

UH, WE HAVE SO MANY REASONS TO BE PROUD OF THEM.

THERE'S A LOT OF HARD WORK AND DEDICATION AND HEART THAT GOES INTO TAKING CARE OF OUR PARKS FOR THE COMMUNITY.

SO, AGAIN, THANK YOU ALL.

ALL RIGHT, NEXT, UH, WE'RE RECOGNIZING COUNCIL MEMBER CHRIS WRIGHT AS A 2026 TEXAS MUNICIPAL LEAGUE CERTIFIED MUNICIPAL OFFICIAL.

UH, THAT'S WITH A DESIGNATION OF, UH, CMO AND I'LL BE PRESENTING THIS CERTIFIED MUNICIPAL OFFICER, UH, TO COUNCILMAN CHRIS WRIGHT, UH, FOR FULFILLING THE REQUIRED CONTINUING EDUCATION UNIT CREDITS THROUGH PARTICIPATION IN THE TEXAS MUNICIPAL LEAGUE CERTIFIED MUNICIPAL PRO MUNICIPAL PROGRAM.

THIS ISN'T ALWAYS EASY, ESPECIALLY, YOU KNOW, IF YOU WORK FULL-TIME, YOU HAVE CAREERS, UH, TO BE ABLE TO EARN THIS DESIGNATION.

AND, UH, CITY COUNCIL MEMBERS OVER THE YEARS.

UH, SOME HAVE, UH, EARNED THIS DESIGNATION.

AND TONIGHT WE WANNA RECOGNIZE, UH, COUNCILMAN CHRIS WRIGHT, UH, FOR TAKING THE EXTRA EFFORT IN EARNING THIS DESIGNATION.

TAKE A PICTURE.

LET'S GO TAKE A PICTURE.

COME ON.

THAT BRINGS US

[ 5. Public Comments]

PERSONS MAY ADDRESS THE CITY COUNCIL ON ANY ISSUES.

WE DID HAVE THREE PEOPLE SIGN UP TO SPEAK DURING PUBLIC COMMENTS.

THIS IS THE APPROPRIATE TIME FOR CITIZENS TO ADDRESS THE COUNCIL ON ANY CONCERN WHETHER ON THIS AGENDA OR NOT, IN ACCORDANCE WITH THE STATE OF TEXAS OPEN MEETINGS ACT.

THE COUNCIL MAY NOT COMMENT OR DELIBERATE SUCH STATEMENTS DURING THIS PERIOD, EXCEPT AS AUTHORIZED

[00:10:01]

DARLENE MILLER, YOU'RE UP.

HELLO, EVERYONE.

DARLENE MILLER, TWO 40 PARK SCHOOLHOUSE ROAD NUMBER ONE 14 WAXAHATCHEE, TEXAS.

UM, I'M HERE AGAIN TO REMIND EVERYBODY HOW I BELIEVE THAT IT IS A BIG PRIORITY FOR US TO HAVE THE, A NEW ANIMAL SHELTER.

AND, UH, LAST WEEK I KNOW SEVERAL PEOPLE WERE HERE, YOU KNOW, FROM COUNTY AND DIFFERENT PLACES, AND THERE WAS SOME COMMENTS MADE ABOUT ADDRESSING THE COUNTY AND THE OTHER CITIES, WHICH HAS BEEN DONE ON NUMEROUS OCCASIONS.

THE WHOLE POINT OF PEOPLE COMING HERE TO TALK TO WAXAHATCHEE IS AND HOPE THAT YOU TEAM UP, THAT YOU PARTNER WITH EACH OTHER, THE COUNTY AND WAXAHATCHEE AND SOME OF THE OTHER CITIES.

AND WAXAHATCHEE CAN BE THE PRIMARY BECAUSE WE HAVE SUCH A GREAT, UH, TEAM NOW, UH, IN THE, IN THE ANIMAL SERVICES DEPARTMENT.

AND I KNOW THAT THE COUNTY DOESN'T WANT TO BE RUNNING A SHELTER, BUT WE HEARD LIKE A DAY OR TWO AFTER THAT, THEY'RE GOING TO GET 15 MILLION FROM THE COMPASS DATA CENTER TO GO TOWARDS A, UH, ANIMAL SHELTER.

SO I HOPE THAT THE, THE CITY OF WAXAHATCHEE IS REALLY LOOKING AT SERIOUSLY PARTNERING UP.

THREE OF YOU CAME TO, UH, SOME MEETINGS THAT WE HAD LAST YEAR, THE PET COALITION DID WITH THE TRI-CITY SHELTER.

AND WE WERE SHOWING THE ADVANTAGES OF WHY, YOU KNOW, PARTNERING UP CAN BE SUCH A GREAT THING.

AND THAT WOULD BE A LOT WITH GETTING GRANTS AND VOLUNTEERS.

UH, MY CONCERN WITH THE COUNTY GETTING SOME MONEY AND IF THEY WERE TO BUILD A SHELTER IS IT COULD FALL INTO WHAT HAPPENED WITH THE SBCA.

AND A LOT OF PEOPLE WERE GETTING ANIMALS FROM THE CITY OF WAXAHATCHEE INTO THE SBCA, EVEN THOUGH THE WAXAHATCHEE DIDN'T HAVE AN AGREEMENT WITH THEM.

I KNOW THAT FOR A FACT BECAUSE I WAS ONE OF THOSE PEOPLE.

AND, UH, SERGEANT BRAD ELLIOT IS THE REASON WHY I STARTED THREE OR FOUR YEARS AGO TO ADVOCATE WITH YOU GUYS BECAUSE HE SAID, YOU GOTTA BE TALKING TO THE MAYOR AND TO, WHICH WAS MAYOR HILL BACK THEN, AND TO THE, UH, CITY COUNCIL ABOUT GETTING A SHELTER THAT'S APPROPRIATE FOR THE CITY BECAUSE WE CAN'T KEEP DOING THIS.

AND, YOU KNOW, UM, THE OTHER PART OF IT IS, IS AS YOU ALL KNOW, CITIZENS HAVE REALLY STEPPED UP AND WE, WE REALLY CAN'T HANDLE THE COST OF TRYING TO HELP THE ANIMALS.

AND WE, WE JUST CAN'T HELP AS MANY AS, AS NEEDED.

A LOT OF PEOPLE ARE FALLING ON HARD TIMES, AND I THINK THAT'S ONE REASON WHY WE'RE SEEING SO MANY BEING ABANDONED.

NOT JUST BECAUSE OF BREEDERS, UH, YOU KNOW, THAT PEOPLE NEED TO GET ONTO LAW ENFORCEMENT, BUT BECAUSE, YOU KNOW, PEOPLE DON'T HAVE ANY PLACE TO GO, THEY JUST, THEY JUST DON'T HAVE ANYWHERE THAT THEY CAN SURRENDER TO WHEN THEY'RE FALLING ONTO THE HARD TIMES.

SO I JUST ASK YOU ALL, UM, I KNOW IT'S BEEN CONSIDERED MAYBE A PET PROJECT FOR ME, BUT IT'S NOT, IT'S INFRASTRUCTURE.

AND I, I WOULDN'T BE DOING THIS IF WE DIDN'T REALLY NEED IT.

I, I PREFER IF I DIDN'T HAVE TO BE HERE, YOU KNOW, SO THANK YOU.

THANK YOU.

MELISSA CAMACHO.

HI, MELISSA CAMACHO, 1105 WEST MAIN STREET IN WAXAHATCHEE.

UM, YOUR PACKETS INCLUDE IMAGES OF WATER DAMAGE AND ONGOING COMMUNICATION WITH T DOT.

I'M HERE TO REPRESENT THE 1100 BOCK OF WEST MAIN STREET.

I'D LIKE TO BEGIN WITH WAXAHATCHEE PRESERVATION COMMISSION MISSION.

IT'S TO ASSIST IN THE PRESERVATION OF HISTORIC WAXAHATCHEE THROUGH PROGRAMS AND PROJECTS THAT INCREASE PUBLIC AWARENESS OF THE VALUE OF HISTORIC, CULTURAL AND ARCHITECTURAL PRESERVATION.

I'M HERE TONIGHT TO ADDRESS THE SERIOUS DRAINAGE AND FLOODING PROBLEMS AFFECTING OUR NEIGHBORHOOD.

THE CURRENT DRAINAGE SYSTEM ON OUR BLOCK IS INADEQUATE AND CANNOT PROPERLY HANDLE HEAVY RAINFALL.

WHENEVER IT RAINS, WATER RUNS ALONGSIDE THE STREET AND ENTERS RESIDENTIAL PROPERTIES THROUGH DRIVEWAYS AND SUNKEN CURBS.

MY PROPERTY 1105, TAKES THE BRUNT OF THE DAMAGE SINCE THE WATER ULTIMATELY IS FUNNELED INTO MY BACKYARD.

THIS FLOODING IMPACTS MULTIPLE HOMES ON OUR BLOCKS.

WATER FILLS ARE DRIVEWAYS, FLOWS INTO BACKYARDS AND CAUSES SUBSTANTIAL EROSION.

RESIDENTS HAVE EXPERIENCED DAMAGE TO FENCES, LANDSCAPING DECKS, POOLS, AND OTHER PROPERTY IMPROVEMENTS BEYOND THE FINANCIAL BURDEN.

MANY OF US ARE CONCERNED ABOUT THE LONG-TERM STRUCTURAL IMPACT.

THIS REPORT REPEATED FLOODING IS CAUSING OUR HOMES.

THIS IS NOT AN ISOLATED INCIDENT.

IT IS AN

[00:15:01]

EACH TIME WE EXPERIENCE RAINFALL FOR MORE THAN A YEAR, RESIDENTS HAVE ACTIVELY COMMUNICATED WITH TEXDOT REGARDING THE DRAINAGE ISSUES AFFECTING OUR BLOCK.

DESPITE OUR EFFORTS, WE HAVE NOT RECEIVED A COMMITMENT THAT CORRECTIVE ACTION WILL BE TAKEN.

THE RESPONSE WE RECEIVED FROM T WAS, QUOTE, I CANNOT MAKE ANY PROMISES.

I DO NOT EVEN KNOW IF WE HAVE THE IN-HOUSE FUNDING FOR THIS TYPE OF PROJECT.

WHILE WE UNDERSTAND THAT FUNDING AND PRIORITIZATION PRESENT CHALLENGES, THIS RESPONSE LEAVES RESIDENTS WITH SIGNIFICANT UNCERTAINTY REGARDING THE FUTURE OF OUR NEIGHBORHOOD.

IN THE MEANTIME, THE CONDITION OF OUR PROPERTIES CONTINUES TO DETERIORATE WITH EACH RAINFALL EVENT.

MANY OF THE HOMES AFFECTED OUR HISTORIC PROPERTIES THAT CONTRIBUTE TO THE CHARACTER AND HERITAGE OF OUR COMMUNITY.

CONTINUED FLOODING AND EROSION, THREATEN NOT ONLY PRIVATE PROPERTY, BUT ALSO THE PRESERVATION OF THESE HISTORIC STRUCTURES.

WE UNDERSTAND THE CITY FACES MANY INFRASTRUCTURE NEEDS, BUT THIS ISSUE DIRECTLY AFFECTS THE SAFETY, PROPERTY AND QUALITY OF THE LIFE OF THE RESIDENTS WHO LIVE HERE.

WE RESPECTFULLY REQUEST THE CITY'S LEADERSHIP TO STEP IN AND ASSIST WITH APPROPRIATE AGENCIES IDENTIFYING POTENTIAL SOLUTIONS AND HELPING MOVE THIS MATTER TOWARD A RESOLUTION BEFORE FURTHER DAMAGE OCCURS.

THIS ISSUE AFFECTS NOT ONLY INDIVIDUAL HOMEOWNERS, BUT ALSO THE CHARACTER AND PRESERVATION OF OUR NEIGHBORHOOD AS A WHOLE.

THANK YOU.

THANK YOU.

CYNTHIA FUENTES.

HI.

I COME TO YOU GUYS TODAY.

UM, I'D LIKE TO TO SAY THAT YOU HAVE A GREAT PARKS PEOPLE.

JOEL DOES A SUPER JOB WITH THE, WITH THE SMALL DOG PARK.

SHE KNOWS ALL THE DOGS AND THE OWNERS, SO SHE DOESN'T GET RECOGNIZED AS MUCH AS, AS SHE SHOULD.

MS. WEES, CAN YOU GIVE YOUR ADDRESS REAL QUICK? I'M SORRY.

I'M SORRY.

6 0 6 WILLIAMS. OKAY, GO AHEAD.

THANK YOU.

OKAY.

ALSO, WE, UH, WE WERE ASKING ABOUT GETTING MORE LIGHTS IN THE PARKS SO THAT THE TRAILS WERE A LITTLE MORE SAFER, UM, AND CAMERAS SO THAT IF SOME KIND OF VIOLENT ISSUE HAPPENS, YOU'LL HAVE SOME CAMERAS THERE, FOOTAGE THAT YOU CAN HELP WITH.

ALSO, WHEN ON WEDNESDAYS, WHENEVER THE PARK IS CLOSED FROM SEVEN TO NINE, IF Y'ALL COULD ADD, UH, SPRAYING FOR FLEAS.

'CAUSE THE FLEE SITUATION OUT THERE RIGHT NOW IS REALLY BAD.

I'VE HAD TO TAKE MY DOG IN TO THE TWICE NOW, AND SHE HAD ABOUT FIVE BATHS WITH THE, UH, GROOMER IN THE LAST THREE WEEKS.

AND ALSO, OBVIOUSLY SOME OF THE PEOPLE CAN'T READ WHERE IT SAYS SMALL DOG PARK.

AND SO WHEN WE HAVE OUR SMALL DOGS IN THE PARK AND PEOPLE BRING IN THEIR LARGE DOGS, OUR SMALL DOGS GET HURT.

AND SO WE NEED A BETTER SIGNAGE, OBVIOUSLY FOR THE PEOPLE WHO WANNA BRING THEIR BIG DOGS INTO THE SMALL DOG PARK.

AND ALSO MORE HANDICAP PARKING AROUND THAT AREA.

THERE IS NOT MUCH ACCEPTED WITH THE FRONT WHERE THERE'S TWO SLOTS AND TWO IN FRONT OF THE FARMER'S MARKET.

THANK YOU FOR YOUR TIME.

THANK YOU.

THAT BRINGS US TO

[ 6. Consent Agenda ]

ALL MATTERS LISTED UNDER ITEM NUMBER SIX ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION.

THERE WILL NOT BE SEPARATE DISCUSSION OF THESE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE MAYOR, CITY MANAGER 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 CITY COUNCIL.

THIS IS FOR ITEMS A THROUGH G COUNCIL.

I MOVE TO APPROVE ALL ITEMS ON THE CONSENT AGENDA AS PRESENTED AND AUTHORIZE THE CITY MANAGER AND OR MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS.

WE HAVE A SECOND.

SECOND.

ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.

MOTION CARRIES.

THANK YOU COUNSEL.

ITEM NUMBER

[7. Public Hearing on a request by Terry Weaver for a Zoning Change from a Single Family 2 (SF-2) zoning district to a Two-Family (2F) zoning district, for a duplex use located at 525 Lake Park Avenue, (Property ID 171592) - Owner: Kotha Holdings Group LLC (ZDC 146-2025)]

LOCATED AT 5 2 5 LAKE PARK AVENUE.

OWNER IS COTA HOLDINGS GROUP.

LLC.

TRENTON.

THANK YOU.

THIS PROPERTY IS LOCATED AT 5 25 LAKE

[00:20:01]

UH, THE CURRENT ZONING AND SINGLE FAMILY TWO DISTRICT WHERE THEY ARE PROPOSING IS TWO FAMILY DISTRICT.

UH, WHAT THEY ARE ULTIMATELY REQUESTING IS TO ALLOW FOR SEVEN, UH, DUPLEXES ON THE SUBJECT PROPERTY TO BE CONSTRUCTED.

UM, WHEN THIS WENT BEFORE THE ZONE, UH, PLANNING AND ZONING COMMISSION, IT WAS DISCUSSED THAT AS ONE OF THE CONDITIONS, UM, STAFF WOULD RECOMMEND THAT THOSE, UM, LOT, THOSE, EACH DUPLEX BE USED MORE OF A TOWN HOME.

SO EACH TOWN HOME WOULD BE INDIVIDUALLY PLATTED.

THAT WOULD GIVE THE A BETTER ABILITY FOR INDIVIDUAL OWNERSHIP THAN HAVING IT AS ONE WHOLE DEVELOPMENT OF RENTING IT OUT.

AND SO EACH ONE OF THOSE TOWN HOMES OR DUPLEXES, EACH UNIT WILL BE INDIVIDUALLY PLATTED.

WHEN THIS, UH, A LITTLE MORE ABOUT THIS, UH, DEVELOPMENT.

UH, THE MINIMUM OUT SIZE WOULD BE 9,000 SQUARE FEET MINIMUM PRINT SETBACK, 25 FEET.

UH, SIDE SETBACKS WOULD BE SIX FEET.

AND THE MINIMUM DWELLING UNIT SIZE WOULD BE 900 SQUARE FEET.

THE EACH, UH, DWELLING UNIT WOULD MEET THE MAXIMUM, UH, WOULD MEET THE, UH, PARKING REQUIREMENTS.

UH, WHEN THIS WENT BEFORE THE PLANNING ZONING COMMISSION, THEY DID ACCEPT STAFF'S CONDITIONS AND DID RECOMMEND APPROVAL.

UM, WE MAILED OUT, UH, NOTICES ALL PROPERTY ORDERS WITHIN, UH, 200 FEET.

UM, WE RECEIVED ONE LETTER, TWO LETTERS OF SUPPORT AND ONE LETTER IN OPPOSITION.

THE PLANE'S ZONING COMMISSION DID RECOMMEND APPROVAL OF THE PROPOSED REQUEST, AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU, TRENTON.

WE DIDN'T HAVE ANYBODY SIGN UP, UH, FOR THIS, UH, ITEM NUMBER.

I HAVE, I HAVE SOME QUESTIONS FOR TRENTON ON YOUR OKAY.

READY FOR THAT? UM, YEAH, GO AHEAD.

TRENTON.

THEY'RE TALKING ABOUT PLATTING THEM AS INDIVIDUAL PROPERTIES AND SAYING 900 SQUARE FOOT PROPERTIES TO MAKE 'EM MORE AFFORDABLE.

UH, SO I DID SOME RESEARCH 'CAUSE I CAME TO PLANNING AND ZONING, AND I SEE THAT BRAD YATES HAS DONE SOME, SOME SPOTTY, WHEN I SAY SPOTTY, I DON'T MEAN BAD.

I MEAN DIFFERENT SPOTS AROUND TOWN WHERE HE'S BUILT DUPLEXES.

IT LOOKED LIKE HOUSES AND THEY HAVEN'T BEEN PLANTED, I DON'T THINK, IN SEPARATE PROPERTIES 'CAUSE OF THE WAY THE PROPERTY'S BUILT.

BUT EACH SIDE OF THAT IS VALUED ON THE CAD AT $325,000 AND THEY'RE ONLY 1100 SQUARE FEET.

SO I QUESTION WHETHER THIS IS REALLY GOING TO MAKE IT AFFORDABLE HOUSING RATHER THAN JUST VERY PROFITABLE HOUSING FOR THE PERSON BUILDING IT.

AND THE SECOND QUESTION IS, AREN'T WE JUST CHANGING THE ZONING TONIGHT? SO IF WE CHANGE THE ZONING TO WHAT THEY'RE REQUESTING, THERE'S NOTHING HOLDING THEM TO COME IN AND ACTUALLY DO SEVEN DUPLEXES.

THEY COULD COME IN THERE ONCE IT'S CHANGED THE ZONING.

THEY COULD IN THEORY SELL IT TO SOMEONE FROM ANY, ANYWHERE AROUND THE COUNTRY.

THEY COULD COME IN THERE AND THEN SINCE IT'S ZONED DIFFERENTLY, BUILD SOMETHING TOTALLY DIFFERENT.

THE ITEM, UH, DUE TO THE LOT SIZE, THEY WOULD BE LIMITED TO HOW MANY LOTS THEY CAN ACTUALLY DEVELOP.

UM, WHICH WOULD STRICT WOULD, UH, RESTRICT IT TO THE 9,000 SQUARE FOOT LOTS.

UM, SO THERE ARE THOSE.

SO YOU ARE CORRECT.

ANYONE WOULD BE ABLE TO COME IN HERE AND, UH, REZONE IT OR BE ABLE TO USE IT FOR WHATEVER IT'S BEING REZONED SIMILAR TO ANY OTHER PROPERTY BEING REZONED THROUGHOUT THE CITY, UM, WHICH IS CONSISTENT WITH OTHER OWN CASES.

UM, DID I, SORRY, THERE MIGHT BE ONE MORE QUESTION.

I, I GUESS WHAT MY QUESTION REALLY IS, IS WHY DON'T THEY JUST ASK FOR A PD AND THAT WAY WE CAN GO THROUGH AND DO IT HOWEVER YOU WANNA DO IT, BUT THEN WE KNOW EXACTLY WHAT WE'RE GETTING.

COUNCILMAN WRIGHT, YOU'RE HIT THE NAIL ON THE HEAD HERE.

I'M VERY UNCOMFORTABLE.

JUST BLIND ZONING IT.

COUNCILMAN WRIGHT, YOU'RE HITTING THE NAIL ON THE HEAD.

AND THIS REMINDS ME OF THE DEVELOPMENT, UM, OVER BEHIND TURNER.

UH, THAT WAS, THAT WAS ZONED ENTIRELY AND THEN SOLD AND, UH, WAS NO LONGER SINGLE FAMILY FOR SALE HOMES.

IT WAS, IT'S NOW FOR RENT HOMES.

UM, THEY WERE BEAT, THEY, THEY WERE BUILT CHEAPLY.

UM, THEY WERE BUILT NOT TO WHAT WAS PRESENTED TO THAT COUNCIL AT THAT TIME.

I MEAN, THE GARAGES ARE USELESS AND THIS REMINDS ME OF THAT.

SO I THINK YOU'RE, I AGREE THAT JUST THE BLANKET ZONING IS NOT SOMETHING THAT I WANT TO ENTERTAIN AT ALL.

UM, AND WE DO HAVE THE APPLICANT HEARING TO BE ABLE TO ANSWER QUESTIONS FOR YOU.

AND I, I DO KNOW THAT THEY, UH, DID DISCUSS THE PD AND SO THEY COULD BE ABLE TO ANSWER MORE ABOUT THAT.

TRENTON, WHAT WAS THE REQUEST TO, TO INDIVIDUALLY PLAT? WAS THAT STRICTLY FROM OUR SIDE OR WAS THAT SOMETHING THAT, THAT

[00:25:01]

UM, THEY DIDN'T REALIZE THEY COULD DO THAT.

WHEN WE BROUGHT THAT TO THE APPLICANT, UM, THEY WERE MORE THAN HAPPY TO DO THAT.

UM, THEY JUST DIDN'T REALIZE THEY COULD IN TWO F IT WAS ONLY DUPLEXES.

BUT WHEN WE TOLD THEM THE OPTION TO BE ABLE TO APPLY IT INDIVIDUALLY, THEY WERE MORE, UH, THEY'RE DEFINITELY WILLING, UH, WILLING TO AGREE TO THAT.

THEY DIDN'T HAVE ANY HESITATION TO IT.

DOES COUNSEL HAVE ANY QUESTIONS OF THE APPLICANT? NO.

WELL, YEAH, I MEAN IF YOU DIDN'T THINK THEY'RE IS THE APPLICANT HERE, YOU COME ON UP.

GIVE YOUR NAME AND ADDRESS PLEASE.

MY NAME'S TERRY WEAVER.

I'M WITH STERLING DEVELOPMENT COMPANY.

I REPRESENT COTA HOLDINGS.

MY OFFICE ADDRESS IS 8 1 5 WEST MAIN STREET, MIDLOTHIAN, TEXAS.

UH, WE ARE PREPARED TO PLAT, WE, WE HAVE A, AN EXPIRED SINGLE FAMILY PLAT WITH A CITY NOW THAT SHOWS 10 LOTS WHERE THERE'S ALREADY AN EXISTING HOUSE ON THAT.

UH, WHAT WE PROPOSE TO DO IS TAKE EACH ONE OF THOSE LOTS AND PLA IT INTO TWO LOTS WITH FEE SIMPLE DIRT UNDERNEATH.

SO YES, IT WOULD BE A TWO UNIT ATTACHED HOME, BUT EACH DWELLING UNIT WOULD BE OWNER OWNED AND COULD BE EITHER OWNER OCCUPIED OR WHATEVER THE OWNER WANTS TO DO WITH HIS PROPERTY.

UH, THERE WAS A CONDITION IN HERE THAT BEFORE WE CAN BUILD ANYTHING, WE WOULD HAVE TO GET AN APPROVED SITE PLAN, INCLUDING ELEVATION FACADE PLAN SHEETS, AND WE WOULD GO BEFORE P AND Z AND CITY COUNCIL BEFORE WE BUILD ANYTHING.

OUR CURRENT PLANS ARE TO BUILD 1300 TO 1900 SQUARE FOOT LIVING DWELLING UNITS.

THE 1300 WOULD PUT IT INTO THE HIGH TWO NINETIES, WHICH BY MY DEFINITION TODAY DOESN'T SEEM REAL TO SAY THIS.

THAT'S AFFORDABLE HOUSING IN MOST OF OUR COMMUNITIES.

'CAUSE A LOT OF COMMUNITIES ARE STARTING AT 400, $450,000 NOW.

OUR 1900 SQUARE FOOT UNITS WOULD BE FOUR BEDROOM AND WOULD, UH, YOU KNOW, RUN IN THE FOUR AND A QUARTER RANGE.

SO IT'D BE A MIX OF, OF HOUSING THERE.

ONLY THREE OF THE LOTS ACTUALLY FACE LAKE PARK, THE OTHER LOTS FACE, THE NEW STREET WE WOULD BUILD, UH, I DON'T KNOW WHAT WE PLAN TO DO WITH THE OLDER HOME THERE.

I WOULD IMAGINE WE WOULD END UP TEARING IT DOWN BECAUSE IT'S NOT IN GOOD CONDITION.

IT CAME WITH THE EIGHT ACRES WHEN MY CLIENT BOUGHT IT.

AND, UH, THAT WOULD BECOME TWO MORE TOWN HOME UNITS.

UH, WE PLAN ON MAKING THE HOMES LOOK LIKE THE SINGLE FAMILY HOMES AROUND, EVEN THOUGH THEY WILL BE ATTACHED WITH NICE GABLES.

BUT TO ANSWER, UH, QUESTION, I DON'T THINK WE CAN GO IN THERE WITHOUT Y'ALL TELLING US A LITTLE BIT ABOUT WHAT WE'RE GONNA BE BUILDING BASED ON WHAT'S THE TYPE OF ZONING WE'RE REQUESTING TONIGHT.

I JUST DON'T WANT TO GO TO THE EXPENSE OF A PD IF WE DON'T HAVE TO.

'CAUSE I THINK EVERYTHING CAN BE ADDRESSED WITH THE STRAIGHT ZONING AND THE FUTURE SITE PLAN AND THE FUTURE FACADES AND THINGS OF WHAT WE'RE PLANNING ON BUILDING IN THERE.

AND I'LL BE GLAD TO ANSWER ANY QUESTIONS.

SIR, WERE YOU EVER ASKED OR REQUESTED BY OUR STAFF TO, TO NOT PURSUE STRAIGHT ZONING CHANGE? WELL, THEY ASKED ME IF I WOULD CONSIDER A PD AND I, AFTER WORKING WITH STAFF, I THOUGHT WE COULD DO IT THROUGH A STRAIGHT ZONING.

AS ATTORNEY WELCH CAN TELL YOU, IT COST US A LITTLE MORE TO DO A PD BECAUSE OF THE WORK TO DO.

I MEAN, IF THAT'S WHERE WE HAVE TO HEAD WITH THIS, I DON'T KNOW THAT IT WOULD ADDRESS ANYTHING OTHER THAN WHAT'S ALREADY BEING ADDRESSED IN THE WAY THE ZONING'S BEING PRESENTED TONIGHT.

WELL, I I WOULD DISAGREE IN THE FACT THAT I JUST GAVE YOU AN EXAMPLE OF ONE THAT BEFORE ANY OF US WERE ON THE COUNCIL, UM, THEY DID CHANGE THE ZONING OF THE PROPERTY.

YES.

UM, DID THEY HAVE TO SUBMIT US AND THEY CHANGED IT TO SINGLE FAMILY AND THEN SOLD THE PROPERTY AND NOW IT'S SINGLE FAMILY FOR RENT AND IT'S CHEAPLY BUILT HOMES THAT I UNDERSTAND WE'RE NOT PROUD OF, UM, THAT ARE ON A STREET THAT CAN'T REALLY HOLD THE TRAFFIC, WHICH YOU'RE ADDING TO IT RIGHT HERE ON A STREET THAT CAN'T REALLY HOLD THE TRAFFIC.

UM, IT'S RIGHT BY OUR FIRE STATION.

[00:30:01]

UM, ESPECIALLY AS YOU GO TOWARDS THE FIRE STATION.

SO A STRAIGHT ZONING CHANGE OPENS US UP BACK TO A LESSON WE'VE ALREADY LEARNED.

WELL, I GUESS MY ANSWER TO THAT IS I DON'T KNOW THAT THEY HAD TO COME BACK AND SUBMIT A SITE PLAN, NOR WOULD ANYONE ELSE THAT YOU SOLD THIS TO IF YOU WERE TO SELL IT.

IF IT'S ZONED THAT WAY, YES, THEY WOULD HAVE TO IF THE ZONING HAS CHANGED AND, AND, AND IT MEETS THE ZONING REQUIREMENTS, WHICH IT'S, IT HAS IN THE PAST YES SIR.

WITH, WITH OTHER PROJECTS.

YES SIR.

THEN THEY WOULDN'T HAVE TO COME BACK TO US.

THIS WOULD BE A CONDITION OF THE ZONING.

SO THEREFORE IT'S IN THE ZONING.

AM I RIGHT OR WRONG? ONCE IT'S ZONE, IT'S ZONED ZONING FOLLOWS THE PROPERTY, NOT THE PROJECT.

WE UNDERSTAND THAT.

BUT THE CONDITION WOULD STILL BE IN THERE FOR SITE PLAN, A FUTURE SITE PLAN APPROVAL AND HAVING TO COME BACK AND SHOW YOU THE ELEVATIONS AND THINGS THAT WOULD, WE WOULD BE PUTTING THERE.

I DON'T BELIEVE WE CAN INCLUDE THAT IN ZONING, TERRY.

OR IS THAT INCORRECT ASSESSMENT? THIS APPLICATION IS ACTING A LITTLE BIT LIKE A PD IN THE SENSE THAT IT HAS A SITE PLAN.

NORMALLY FOR A STRAIGHT RESIDENTIAL ZONING, YOU WOULDN'T HAVE A SITE PLAN COMPONENT.

YOU, YOU'D PLANT IT AND SELL THE LOT.

WELL, DIDN'T A SAY HE HAS TO HAVE THE SITE PLAN BEFORE HE CAN BUILD, BUT TO GET THE ZONING, HE HASN'T GOTTA HAVE A SITE PLAN.

HE'S JUST ASKING FOR THE ZONING SO HE COULD TURN AROUND AND SELL IT WITHOUT THAT.

YES, IT'S, IT IS, BUT IT COULDN'T BE ADDED AS A CONDITION TO THE ZONING AND THEREFORE IT TRAVELS WITH THE ZONING.

NOT, NOT ONCE IT'S SOLD.

AND THAT'S WHAT HAPPENED WITH THE OTHER PROPERTY WAS THEY SOLD IT ESSENTIALLY TO THEMSELVES AND DIDN'T HAVE TO COME BACK.

WELL I KNOW I'VE DONE THIS IN OTHER COMMUNITIES.

THAT'S WHY I'M SAYING, YOU KNOW, IT WAS ZONED WITH THE CONDITIONS.

I WAS MEAN THE SITE PLAN THAT, THAT IF THEY ACCEPT THE CONDITION, IF Y'ALL APPROVE THE CONDITION, THE CONDITION IS PRIOR TO DEVELOPMENT OF THE PROPERTY, THE OWNER SHALL BE REQUIRED TO RECEIVE APPROVAL FOR A SITE PLAN BY P AND Z AND COUNCIL.

SO THAT CONDITION I THINK WOULD REQUIRE A SITE PLAN PRIOR TO, EVEN IF SOMEONE SOLD IT, I THINK WHOEVER DEVELOPS THE PROPERTY WOULD STILL BE REQUIRED TO HAVE A SITE PLAN FOR THE, THE, THE LOT.

BUT IF THAT SITE PLAN MEETS OUR ZONING REQUIREMENTS, WE NO KA ZONING REQUIREMENTS.

IT'S, IT'S, WE FALL INTO THE APARTMENTS ON 2 87 AND JUST HAVE TO SAY YES.

IT ALSO STATES INCLUDING ELEVATION AND FACADE PLAN SHEET, WHICH THEY PRESENTED WITH THE APARTMENTS ON 2 87 AND WE HAD TO SIT HERE AND TAKE THE KICK, KICK IN THE BUTTONS.

JUST SAY YES, WE HAD NO, WE, WE COULD, WE COULD GIVE NO INPUT.

MAY I ASK ANOTHER QUICK QUESTION? YES, SIR.

OFF OF THAT POINT, ? YES SIR.

LET YOU OFF THE SPOT FOR A MINUTE.

YES SIR.

WHY, IF, IF IT'S ALREADY GOT APPROVAL AND A SITE PLAN OR WHATEVER YOU SAID YOU HAD FOR SINGLE FAMILY HOME, SIR, WHY ARE YOU CHANGE, WHY ARE YOU WANTING TO CHANGE IT TO, RIGHT.

'CAUSE THIS, BUT THE REASON I'M ASKING THAT IS 'CAUSE YOU'RE SURROUNDED BY SINGLE FAMILY HOMES.

YES SIR.

THE ENTIRE NEIGHBORHOOD AROUND THERE.

AND OUR MASTER PLAN DID SAY FOR US TO START SPRINKLING SOME THE STUFF WHEN YOU CAN IN, BUT THAT'S TALKING ABOUT ONE HERE AND ONE THERE NOT 10 RIGHT IN THE MIDDLE OF A SINGLE FAMILY NEIGHBORHOOD.

WELL, THE REASON WE'RE LOOKING FOR THIS IS TWO REASONS.

ONE, TO NOT BRING CHEAP HOUSING AS I THINK SOMEONE HAS DONE UP THE ROAD THERE.

BUT SOMETHING THAT COULD BE BROUGHT TO THE COMMUNITY THAT COULD BE BOUGHT IN THE HIGH TWO HUNDREDS.

WE ALSO HAVE A LARGE AREA THERE, A FLOODPLAIN THAT WE HAVE IN OUR EIGHT ACRES THAT WILL HAVE TO BE MAINTAINED BY WHOMEVER LIVES THERE THROUGH TOWN HOME ASSOCIATION FEES, WHICH HAS MUSTANG CREEK.

WE'RE PLANNING ON IMPROVING THAT ALSO.

WE JUST FELT THAT THE TOWN HOMES WAS A GOOD USE THERE AND WE'RE, YOU KNOW, GONNA MAKE 'EM LOOK LIKE SINGLE FAMILY HOMES.

YES.

WILL THERE BE 20 UNITS THERE NOW INSTEAD OF TOWN HOME UNITS? YES, SIR.

BUT YOU KNOW, THEY'LL, CURRENT ZONING IS 1600 SQUARE FOOT MINIMUM.

WE WOULD LIKE TO DROP IT DOWN TO, YOU KNOW, IF WE MOVE FORWARD ON THIS, WHICH WE PLAN ON DOING, UH, TO THAT 13, 25 TO 18 OR 1900 SQUARE FEET AND MAKE IT A REALLY NICE NEIGHBORHOOD THERE IN THE CONDITIONS THAT, THAT HE READ OUT A MINUTE AGO.

HE SAID THAT THE AGREEMENT SAID Y'ALL COULD BUILD HOUSES THAT ARE 900 SQUARE FEET ON A 9,000 FOOT LOT.

YOU'RE WILLING TO COMMIT THAT YOU'RE NOT GONNA BUILD 900 SQUARE FOOT HOUSES, YOU'RE GONNA BUILD 1200.

ABSOLUTELY.

OR 13.

ABSOLUTELY.

OR EACH SITE.

WE COULD MAKE THAT A CONDITION TO THE ZONING BASKIN 1300 SQUARE FOOT MINIMUM UNITS.

YES SIR.

NOBODY'S GONNA LIVE IN A 900 .

I MEAN, I CAN'T YOU CAN'T, WE CAN'T SELL IT AND

[00:35:01]

I JUST MOVED OUT OF 970 SQUARE FEET.

OKAY, WELL, I MEAN, YES SIR.

EXCUSE ME.

BUT LET ME PUT IT THIS WAY.

IT'S HARD TO MARKET AS A SINGLE FAMILY ATTACHED HOUSE AT 900 SQUARE FEET THAT'S GONNA HAVE A TWO CAR GARAGE.

.

EXCUSE ME SIR.

DIDN'T MEAN TO OFFEND YOU.

HEY, I LIVED IN 600 ONCE UPON A TIME.

I UNDERSTAND.

THANK YOU SIR.

THANK Y'ALL.

YOU CAN BE SEATED.

APPRECIATE IT.

TRENTON.

DOES STAFF HAVE A RECOMMENDATION ON THIS ONE? UH, WE WERE RECOMMENDING APPROVAL WITH THE CONDITIONS.

OKAY, THANK YOU.

WHAT WAS YOUR ORIGINAL RECOMMENDATION THAT WENT TO PLANNING AND ZONING BEFORE YOU CHANGED IT? UM, WE WERE RECOMMENDING DENIAL 'CAUSE WE WANTED TO SEE THE LOTS, UM, INDIVIDUALLY PLATTED.

AND ONCE WE BROUGHT THAT UP AND THEY WERE MADE AWARE THAT THAT COULD BE INDIVIDUALLY PLATTERED DWELLING UNITS, UM, THAT'S WHEN WE CHANGED OUR RECOMMENDATION.

THANK YOU.

TR WHY, WHY ARE WE OKAY WITH, WHY IS STAFF OKAY WITH MOVING AWAY FROM OUR STANDARD PROCESS OF PUSHING TOWARDS THE PD? IN, IN, IN THIS PARTICULAR CASE, IT'S ON A CASE BY CASE BASIS.

WHEN A PROJECT'S BROUGHT FORWARD TO US IS WHEN WE MAKE AN ANALYSIS OF, WE TRY TO PUSH PROJECTS TO THE PD DEPENDING UPON WHAT'S GOING ON.

UM, IF THEY CAN'T MEET THE MINIMUM REQUIREMENTS OF OUR ZONING CODE AND THEY'RE DOING THINGS OUTSIDE OF THE NORMAL REALM, UM, A PD IS SUPPOSED TO BE UNIQUE.

AND SO SINCE THEY WERE ABLE THROUGH THEY'RE BUILT, MEET THE SETBACKS, MEET EVERYTHING ELSE, IT WAS HARD FOR US TO BE ABLE TO JUSTIFY A PD UNDER THOSE CIRCUMSTANCES AND REALLY PUSH THEM IF THEY'RE, IF THE SITE WAS ABLE TO MEET ALL OTHER REQUIREMENTS OF OUR DEVELOPMENT STANDARDS.

THAT'S FAIR.

THAT'S FAIR.

MADAM MAYOR, BEFORE YOU GET A MOTION, I'D JUST LIKE TO SAY I'D, I'D LOVE FOR 'EM TO BUILD SOME 1200, 1300 SQUARE FOOT SINGLE FAMILY HOMES RIGHT THERE.

SO THERE'S LESS EXPENSIVE, NOT AS INTRUSIVE TO THE NEIGHBORHOOD, NOT AS MUCH TRAFFIC THINK AND WOULD FIT THAT AREA RATHER THAN DUPLEXES THAT ARE GONNA BE SMALL.

PLUS THE, THE APPLICANT SAID HERE THAT THEY WERE ALL GONNA BE SOLD, BUT WHEN QUESTIONED AT PLANNING AND ZONING, THEY SAID, WELL, THE, THE OWNER MIGHT MAINTAIN SOME OF THEM FOR THEMSELVES TO BE RENTAL PROPERTIES AND SOME OF THEM MIGHT NOT BE.

SO, YOU KNOW, THIS GENTLEMAN'S NOT GONNA OWN THESE PROPERTIES.

IT'S THE DEVELOPER THAT LIVES IN TIMBUKTU, WHEREVER THEY LIVE THAT'S BUYING THIS, THAT'S NOT GONNA BE LIVING HERE IN TOWN.

THEY'RE NOT THE ONES DEALING WITH THIS.

THEY'RE, IN MY OPINION, IT'S, IT'S JUST A PROFIT GRAB.

OKAY.

I NEED TO CLOSE THE PUBLIC HEARING.

UH, ANY OTHER DISCUSSION, UH, BEFORE I ASK FOR A MOTION, UH, CHIEF I'VE GOT CONCERNS OVER ADDING THAT MANY CARS TO THAT SECTION OF ROADWAY.

SCOTT SANFORD, FIRE CHIEF, DOES THIS GIVE YOU ANY HESITATION WITH ADDING THAT MANY CARS ON? I MEAN, THAT'S POTENTIALLY 40 EXTRA CARS, 50 EXTRA CARS DAILY, THREE TIMES A DAY.

SO 150.

SO WHEN LAKE PARK TURNS AND HEADS, I'M GONNA CALL IT SOUTH, THAT'S ALMOST IMPASSABLE FOR A FIRETRUCK.

WE HARDLY GO THAT WAY ANYMORE.

UH, MOST OF THE TIME WE'RE TRAVELING COLEMAN, THE ONLY TIME WE COME UP THERE IS IF WE ACTUALLY HAVE TO RUN A CALL UP THERE.

I WOULD HOPE THAT THOSE, UH, FUTURE HOMEOWNERS OR RENTERS, WHATEVER ENDS UP THERE, WOULD TRAVEL THE OPPOSITE DIRECTION ON LAKE PARK.

A RESPONSE TO THIS AREA WITH THAT MANY HOMES PACKED IN THAT CLOSELY, IT WOULD DEPEND ON THE SITE PLAN.

UM, MEANS THE INGRESS, EGRESS, FIRE LANE, THAT KIND OF STUFF.

BECAUSE WHAT THEY SHOWED US IS JUST KIND OF A CULDESAC YEAH.

CUL-DE-SAC WITH AN ELBOW IN IT.

SO NOW SINCE YOU BROUGHT THAT UP SEVERAL TIMES, IT'S COME UP ABOUT IGNORANCES AND EGRESS AND ON A SITE PLAN.

NOW GRANTED IT WAS JUST A ROUGH DRAWING ON WHAT THEY SHOWED THAT IT WAS GONNA BE A CUL-DE-SAC.

CORRECT.

SO, SO, SO WHAT YOU HAVE IN FRONT OF YOU, THIS IS A PREVIOUSLY APPROVED PLAT FOR THE PROPERTY, UM, JUST WASN'T RECORDED SO WELL THAT IS, THAT IS ONE WAY IN AND ONE WAY OUT, CORRECT? YEAH.

THAT'S HOW, UH, FOR THE, FOR THE PREVIOUS SINGLE FAMILY, UH, DWELLINGS, IT WAS ONE WAY IN, ONE WAY OUT.

UM, IF, IF THIS PROJECT WERE TO BE APPROVED AND MOVE FORWARD, THEY WOULD BE REQUIRED FOR STRAIGHT ZONING TO MEET ALL FIRE

[00:40:01]

IF THEY COULDN'T MEET THOSE REQUIREMENTS, IT WOULD REQUIRE US TO EITHER HAVE THEM GO THROUGH A VARIANCE PROCESS OR COME BACK TO REZONE IT THROUGH A PD PROCESS TO MEET THOSE ADDITIONAL STANDARDS OR REQUIREMENTS THAT THEY, THOSE MINIMUM STANDARDS THAT THEY COULDN'T MEET.

DOES THIS MEET THE MINIMUM? UH, IT DOES.

UM, YEAH, SO IT WENT THROUGH THE WHOLE REPLYING AND THAT WAS ONE OF THE THINGS THAT THEY HAD TO LOOK AT THROUGH, UH, WHEN THE PLAT WAS APPROVED.

IF IT MET, UM, INGRESS EGRESS REQUIREMENTS FOR THIS LAYOUT, SPECIFIC LAYOUT THAT FOR YOU JUST LOOKS A LITTLE UNSAFE AND THEN, UH, EVEN DOUBLING THE LOTS PER THE FIRE CODE, THEY WOULD BE ABLE TO MAKE IT WORK ON THIS IF THIS WAS FOR SOME REASON DOUBLED PER FIRE CODE.

WE'VE GOT LOTS OF CUL-DE-SACS IN THE CITY.

THEY'RE NOT OUR FAVORITE, BUT AS LONG AS THEY MEET CODE, YOU THINK, SIR? YES, SIR.

ANY FURTHER DISCUSSION? COUNSEL,

[8. Consider proposed Ordinance approving ZDC-146-2025 ]

DO I HAVE A MOTION MADAM MAYOR, I MOVE TO DENY ZONING.

CDC 1 46 20 25.

THE ZONING CHANGE FROM SINGLE FAMILY TWO DASH TWO ZONING DISTRICT TO A TWO FAMILY ZONING DISTRICT.

WOULD WE BE ABLE TO MAKE THAT MOTION BY CHANCE WITHOUT PREJUDICE? SO IF THEY DO DECIDE TO COME BACK, THEY COULD RESORT TO A PD PER COUNCIL'S DIRECTION? WELL, YEAH, BUT USUALLY WE WOULD ASK FOR PREJUDICE IF WE WANTED PREJUDICE ON IT.

BUT NO, WITHOUT, WITHOUT PREJUDICE, BUT YES, NO PREJUDICE.

DO WE HAVE A SECOND? SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

THAT MOTION CARRIES.

THANK YOU COUNSEL.

THAT BRINGS US TO ITEM NUMBER NINE.

THANK YOU FOR YOUR CONSIDERATION.

THANK YOU SIR.

[9. Public Hearing on a request by Jeremy Nelson, Westfall Engineering, for a Specific Use Permit (SUP) for a Unified Lot Sign for a Child Daycare Center within a General (GR) zoning district located at 1328 and 1332 Brown Street (Property ID(s): 295112 and 295113) Owner(s): Buffalo Creek Plaza LLC (ZDC-23-2026) ]

BROWN STREET OWNER IS BUFFALO CREEK PLAZA, LLC TRENTON.

THANK YOU.

THIS IS A REQUEST FOR SPECIFIC USE PERMIT, UH, FOR A UNIFIED LOT SIGN.

UM, THIS IS A, A DIFFERENT REQUEST THAN YOU GENERALLY WOULD SEE, UM, IN FRONT OF YOU ALL AS PART OF THIS LOT, UH, UNIFIED LOT SIGN DEVELOPMENT.

UM, THEY ARE REQUESTING A OFF-PREMISE SIGN, UM, TO ALLOW FOR SIGNAGE, UM, ON INDIAN DR ON INDIAN DRIVE.

THE REASON FOR THAT IS, UH, THEY HAVE ACCESS GOING TO INDIAN DRIVE AND THAT'S WHERE THE, THE SIGN WOULD BE AND TECHNICALLY IT'S OFFSITE.

UM, AND FOR THAT REASON, THEY REQUIRED THE SUP ADDITIONALLY, AS PART OF THIS REQUEST, UH, THEY ARE RE REQUESTING THE GLAZING, WHICH IS THE WINDOWS ON THE BUILDING, UH, TO BE DECREASED IN OUR MINIMUM STANDARD.

UM, THAT ALSO FALLS UNDER THE SIGN REQUIREMENTS.

UM, WHEN THIS WENT BEFORE THE PLANNING ZONING COMMISSION, THERE WAS MUCH DISCUSSION ABOUT, UM, NOT NECESSARILY ABOUT THE THE LINE, UH, THE THE LOCK, THE OFF-PREMISE SIGN, UM, BUT IT WAS MOSTLY AROUND THE GLAZING OF THE WINDOWS.

ORIGINALLY, STAFF HAD A RECOMMENDATION, NOT THE WINDOWS MEET THE REQUIREMENTS AFTER IT WENT THROUGH P AND Z.

MUCH DISCUSSION, UM, THE CONDITION OF APPROVAL WAS THE GLAZING BE APPROVED WITH A AVERAGE OF THE WINDOWS OF, OF HAVING ON EACH FACADE 20% ALTOGETHER.

UM, THE REASON FOR THEIR CONCERN ABOUT HAVING A DECREASED GLAZING REQUIREMENT IS DUE TO THE NATURE OF THEIR USE, WHICH IS DEALING WITH CHILD DAYCARE, BEING A CHILD DAYCARE CENTER AND NOT ALLOWING VISIBILITY WITHIN TO THE FACILITY.

UM, ADDITIONALLY I DID FAIL TO MENTION AND I APOLOGIZE, IS THEY ARE REQUESTING FOR A WALL SIGN TO BE LARGER THAN WHAT WE ALLOW.

AS PART OF THAT, THEY'RE INCREASING THE PROPOSED WALL SIGN SQUARE FOOTAGE.

AS YOU CAN SEE, HERE'S THEIR LAYOUT OF, UH, THE DEVELOPMENT, UH, SHOWING THAT THEIR ACCESS TO, UH, THEIR, THE PROPOSED DEVELOPMENT GOES ONTO INDIAN.

UM, AND THIS IS WHERE THE PROPOSED, UM, SIGN WOULD BE LOCATED.

HERE'S THE ELEVATION PLAN.

YOU CAN SEE THE WALL SIGN AND DECREASED GLAZING, WHICH ARE THE WINDOWS.

HERE'S THE INCREASE, UH, SQUARE FOOTAGE OF THE WALL SIGN.

UM, ONCE AGAIN, STAFF DID RECOMMEND, UM, WE WERE IN SUPPORT OF THE WALL SIGN, THE OFF-PREMISE SIGN.

IT'S, UH, THE ONLY END THAT WE HAD CONCERN ABOUT WAS THE AMOUNT OF WINDOWS.

WE FELT THAT IT SHOULD MEET OUR, UM, OUR REGULAR REGULATIONS FOR A BUILDING AND FOR THE ARCHITECTURE, UH, P AND Z TO MAKE A MOTION TO APPROVE THIS.

UM, APPROVING ALL THAT AND DECREASING THE, SO THE AVERAGE GLAZING

[00:45:01]

AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.

THANK YOU, TRENTON.

WE DIDN'T HAVE ANYBODY SIGN UP, UH, TO SPEAK DURING THE PUBLIC HEARING ON THIS IS THE APPLICANT HERE.

DO YOU COME TO THE PODIUM? PLEASE GIVE YOUR NAME AND ADDRESS.

JEREMY NELSON, 8 0 5 DOVE CREEK PARK, MIDLOTHIAN, TEXAS.

COUNSEL, YOU HAVE ANY QUESTIONS OF THE APPLICANT? TRENT? I DO.

UM, SPEAKING, WHY DO WE CARE ABOUT THE GLAZING OF THE WINDOWS? YEAH, SO, UM, BEING AN ARCHITECTURE FAN MYSELF, UM, USUALLY WHEN WE PLAN FOR BUILDINGS, WE'RE NOT HOW OUR CODE IS DESIGNED.

IT'S DESIGNED NOT JUST FOR THIS CURRENT USE, BUT IT'S DESIGNED FOR WHAT THE FUTURE USES WILL BE.

UM, USUALLY WHEN YOU HAVE CERTAIN TYPES OF DESIGNS, UM, SUCH AS WINDOW, UH, DECREASE THE WINDOWS, IT COULD POTENTIALLY LIMIT FUTURE USES.

UM, THERE'S CERTAIN DESIGN ELEMENTS WHEN YOU TAKE THOSE AWAY FROM A STRUCTURE OR, OR WHEN YOU DO SUCH SOMETHING SO UNIQUE.

IT ALSO LIMITS FUTURE USABILITY OF THE STRUCTURE.

SO IN PLANNING, WE'RE LOOKING AT THE NEXT, THE NEXT TWO TO THREE USERS, NOT THE CURRENT USER.

AND SO THAT'S GENERALLY, UH, HOW WE'VE, IN OUR CURRENT REGULATIONS OF WINDOWS, LEAVES THE BUILDING OPEN INSTEAD OF BEING SO CLOSED OFF.

BUT I GUESS MY QUESTION IS WHY DO WE CARE THAT THERE'S ANY GLAZING ON THE WINDOW? ONCE AGAIN, IT'S JUST SOMETHING IN OUR CODE FOR ARCHITECTURAL DO WE GLAZ REQUIRE OUR SCHOOLS TO HAVE ANY, THE GLAZING'S THE ACTUAL WINDOWS.

SO WITH SCHOOLS, IT'S, SO I BELIEVE THAT WAS DISCUSSED WITH THE PLANNING COMMISSION.

UM, SCHOOLS GENERALLY DON'T CHANGE THE USE OF BUILDING OVER THE YEARS.

AND USUALLY WHEN THEY ARE CHANGED TO ANOTHER USER, USER TYPE, THEY'RE ALTERED SIGNIFICANTLY FOR THAT FUTURE USE OR GENERALLY THEY'RE FOR CHILD USE.

UM, I THINK WHEN WE WENT DOWN TO 20% STAFF'S COMFORTABLE WITH THAT, WITH THE AVERAGE OF THE MOTION.

SO I THINK WE'RE ON BOARD.

WE THINK THAT IN THE FUTURE WHEN THIS IS, IF IF THIS USE WERE TO GO OUTTA BUSINESS, NEXT USER WOULD STILL BE SOMETHING THAT COULD BE WORKED WITH AND STILL BE CONSISTENT WITH THE SURROUNDING AREA.

THE FIRST QUESTION THAT CAME TO MY MIND IS THEY SAY IT WAS FOR SAFETY PURPOSES.

I'M ASSUMING IT'S GONNA BE TEMPERED GLASS ANYWAY, SINCE IT'S A CHILDCARE CENTER.

WHY CAN'T YOU JUST TINT THE WINDOWS THEN? YOU DON'T HAVE TO WORRY ABOUT ANYBODY.

CNN PLUS, I'M ASSUMING IT'D BE IN A DAYCARE CENTER.

YOU'RE GONNA HAVE CAMERAS ALL OVER THE AIR MAKING SURE THERE'S NO PERVS OUT THERE LOOKING IN THE WINDOW.

CORRECT.

? I DON'T, I DON'T KNOW THAT THE DETAILS OF THE SECURITY SYSTEM, BUT YES, THAT'S, THAT'S PART OF THE GOAL HERE.

UM, I UNDERSTAND THE, THE, THE COMMENT HERE, BUT THE, THE REQUEST IS STILL TO KIND OF GO WITH WHAT STAFF HAD OR WHAT THE PLANNING AND ZONING COMMISSION HAD RECOMMENDED AT, UH, THE PNZ, UH, A FEW WEEKS AGO AND WORK WITH STAFF TO GET TO A 20% COMBINED AVERAGE FOR ALL FOUR SIDES OF, OF THE, OF THE BUILDING.

I APPRECIATE YOUR COMMENTS.

IT'S JUST LIKE SPEAKING TO THE OTHER GENTLEMAN.

I SEE DOLLAR SIGNS IS THE REASON NOT SAFETY FOR THE CHILDREN A LOT AND CAME RIGHT OUT AND TOLD ME WE WON'T DO IT'S 'CAUSE IT'S CHEAPER.

I'D FEEL THAT AS AN HONEST ANSWER.

SAY IT'S FOR THE SAFETY OF THE CHILDREN WHEN ALL YOU GOTTA DO IS TINT THE WINDOWS.

A LOT OF THESE WINDOWS ARE PLACED IN SPECIFIC AREAS WHERE THEY DO HAVE SENSITIVE AREAS BEHIND THEM CHANGING TABLES OR THINGS LIKE THAT.