[00:00:03]
[ 1. Call to Order]
UM, THE JUNE 23RD, 2026, PLANNING AND ZONING COMMISSION MEETING WHERE OUR FOCUS WILL BE ON THE BEST AND HIGHEST USE OF THE LAND OF WAXAHATCHEE, TEXAS.IF EVERYONE PLEASE STAND FOR THE INVOCATION, WHICH WILL BE LED BY COMMISSIONER SIMPSON.
LORD, WE COME BEFORE YOU THIS EVENING, THANKFUL FOR THE OPPORTUNITY TO SERVE THE PEOPLE OF WAXAHATCHEE.
WE PRAY FOR GUIDANCE AND WISDOM TO MAKE THE RIGHT DECISIONS.
TONIGHT WE ASK THAT YOU WATCH OVER US, OUR FAMILY, OUR FRIENDS, AND OUR CITY.
[3. Public Comment]
IS PUBLIC COMMENTS.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 51 0.042 TEXAS GOVERNMENT CODE.
WE DID HAVE A SUBMISSION, UM, BUT IT WAS FOR A PREVIOUS, UM, AGENDA ITEM, AND MR. WILLIAM T MARK JR.
SUBMITTED, UH, A COMMENT CARD FOR ZDC DASH FOUR DASH 2026, WHICH IS NOT ON THIS AGENDA.
UM, TRENTON, WHAT SHOULD WE DO IN THIS INSTANCE? UH, YOU'VE ALREADY RECORDED IT FOR THE RECORD, SO I, I THINK THAT'S ALL WE NEED TO DO AND WE'LL MAKE SURE IT'S ON ANY FUTURE AGENDA THAT WE ATTACHED TO THAT ONE.
[4. Consent Agenda]
NEXT ON THE AGENDA IS THE CONSENT AGENDA.THE BOARD HERE? UM, YEAH, IF THAT'S HIM, HE CAN SPEAK IF, IF YOU'D LIKE HIM TO SPEAK.
I'M THE ONE WHO PUTS THE CARD IN.
IN THAT CASE, YEAH, WE CAN PROCEDURE.
I SHOULD BE ABLE TO SPEAK ABOUT ANYTHING I WANT.
YEAH, IT WAS, IT WAS JUST A MISTAKE.
WE'RE MORE THAN WILLING TO LET YOU SPEAK.
COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? MY NAME'S WILLIAM T MARK JR.
I LIVE AT 7 32 NORTH ER STREET.
UH, TWO WEEK, TWO MEETINGS AGO, Y'ALL ADDRESSED THIS PROPERTY AND Y'ALL TALKED ABOUT A LOT OF ZONING PROBLEMS THAT WERE THERE.
AND WHEN I WENT THROUGH THE MEETINGS, THE MINUTES, I DIDN'T SEE ALL THIS INFORMATION IN THE MINUTES, BUT I UNDERSTAND IT'S IN THE VIDEO, SO THAT PROBABLY COUNTS.
UH, BUT AS I WAS GOING THROUGH IT AND THE NEXT MORNING WE TOOK PICTURES OF THE HOUSE, WE ACTUALLY HAD A ZONING COMMITTEE OUT AND THEY FOUND NO, UH, VIOLATIONS.
SO THE INFORMATION THAT Y'ALL USED WAS NOT AN ACCURATE INFORMATION.
AND I GOT INFO, UH, PICTURES OF ALL THAT, AND PICTURES OF WHAT THE HOUSE LOOKS LIKE TODAY AS WE'RE DOING THE PAINTING AND EVERYTHING TO IT, WE WOULD LIKE TO MAKE A SUGGESTION TO THE BOARD OR ASK REQUEST THE BOARD, WHICH I UNDERSTAND IS WITHIN THE BOARD'S RIGHT, TO BE ABLE TO MAKE A MOTION TO BRING THIS TASK BACK UP TO THE NEXT MEETING INSTEAD OF TWO MEETINGS PASSED.
SO INSTEAD OF THE 29TH, THE 14TH.
SO, BUT THAT'S UP TO THE BOARD WHETHER THEY WANNA MAKE THE MOTION AND APPROVE IT.
BUT I DO UNDERSTAND THAT'S WITHIN THEIR RIGHT.
WOULD YOU LIKE ME TO GO AHEAD AND RESPOND TO THAT? WOULD YOU MIND? YEAH.
SO AT THAT MEETING, WHEN A CASE IS CONTINUED, THAT'S OUR FORM OF NOTICING FOR A PUBLIC HEARING.
SO IF THERE'S PEOPLE THAT WERE WATCHING AT THAT KATE AT THAT TIME, AND IT WAS TOLD IN THAT MEETING IT WAS GONNA BE HEARD ON THIS STATE, THERE MIGHT BE A CHANCE THERE WAS SOMEONE PLAYING TO ATTEND THAT MEETING.
AND THAT'S THE PUBLIC NOTIFICATION OF A CONTINUANCE.
THE, FROM MY UNDERSTANDING, THE COMMISSION CAN'T CHANGE A CONTINUANCE TO MAKE IT SOONER THAN WHAT WAS ORIGINALLY PUT ON, UH, BECAUSE THAT'S, THAT WAS THE NOTIFICATION BY STATE REQUIREMENTS OF TELLING OF A FUTURE MEETING IN ORDER TO HAVE IT ON A FUTURE, ON A MORE SOONER, ON A MORE SOONER, I GUESS A DATE COME SOONER THAN WHAT WAS ORIGINALLY CONTINUED TO, THEY WOULD HAVE TO WITHDRAW THE CASE.
WE WOULD HAVE TO RE NOTIFY ACCORDING TO STATE LAW, WHICH WOULD REQUIRE NEWSPAPER NOTIFICATION AND SENDING OUT ALL PROPERTY, UH, NOTICES WITHIN 200 FEET.
THIS WOULD INCLUDE MEETING THE DEADLINES BY THE STATE HAS ISSUED OF 10 BUSINESS DAYS OR 10 DAYS PRIOR TO, FOR THE NEWSPAPER OR FOR THE 200 FOOT NOTICES AND 15 DAYS PRIOR FOR THE NEWSPAPER PUBLISHING DATE.
SO THIS HAS BEEN, HAS BEEN POSTPONED SINCE APRIL 28TH FOR ONE REASON OR ANOTHER WITHOUT ANY SPECIFIC REASON BEING GIVEN IN Y'ALL'S MINUTES.
SO I WOULD LIKE TO REQUEST FROM THIS
[00:05:01]
BOARD, IF Y'ALL DON'T WANT TO VOTE ON IT, UH, GO AHEAD AND PUSH IT UP TO CITY COUNCIL.AND I KNOW YOU PROBABLY CAN'T DO THAT TODAY, AND THEY ARE THE DECIDING FACTOR OF EVERYTHING YOU ARE RECOMMENDING BOARD.
AND I WOULD LIKE TO JUST GO TO CITY COUNCIL WITHOUT A VOTE.
UH, YEAH, EVERYONE'S ALLOWED TO GO TO CITY COUNCIL WHENEVER THEY'D LIKE TO SPEAK JUST LIKE THEY ARE TODAY AT PLANNING COMMISSION.
UH, BUT ONCE AGAIN, I WOULD RECOMMEND, UM, TO NOT MAKE A MOTION TO BRING THIS BACK.
'CAUSE I, I DO FEAR THAT WE WOULD BE NOT MEETING OUR DUE DILIGENCE REQUIREMENTS, PUBLIC HEARING REQUIREMENTS.
I THINK WE'D BE, UM, NOT MEETING STATE LAW REQUIREMENTS ACCORDING TO TEXAS LOCAL GOVERNMENT CODE CHAPTER TWO 12.
SO I WOULD LIKE TO SUBMIT TWO 11 PICTURES OF THE HOUSE AS NEXT MORNING AND THE REQUEST YEAH, ABSOLUTELY.
SO THAT Y'ALL DO HAVE THOSE FOR THE RECORDS TO SHOW THAT THERE WAS NO VIOLATIONS.
AND HERE'S WHAT THE BEEN LIKE TODAY.
JUST NEEDS TO BE, STILL NEEDS TO BE PAINTED.
SO THANK YOU FOR YOUR TIME AND SEE YOU AT THE NEXT MEETING.
ALL MATTERS LISTED UNDER ITEM FOUR ARE CONSIDERED ROUTINE BY THE PLANNING AND ZONING COMMISSION, AND WILL BE ENACTED BY ONE MOTION.
THERE WILL NOT BE SEPARATE DISCUSSIONS OF THESE MATTERS.
APPROVAL OF THE CONSENT 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.
OKAY, I MOVE TO APPROVE THE CONSENT AGENDA, SUBJECT TO THE RECOMMENDATIONS OF STAFF.
SECOND, WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
[5. Public Hearing on a request by Brad Yates, for a Zoning Change from a Commercial zoning district to a Planned Development-Multi-Family-1 (PD-MF-1) zoning district, for a 6-unit townhome use, located directly south of 404 Cantrell Street, (Property ID: 172321) – Owner: Colonial Group Restoration Inc. (ZDC-49-2025)]
IS ITEM NUMBER FIVE, PUBLIC HEARING ON A REQUEST BY BRAD YATES FOR A ZONING CHANGE FROM A COMMERCIAL ZONING DISTRICT TO A PLAN DEVELOPMENT MULTIFAMILY, ONE ZONING DISTRICT FOR A SIX UNIT TOWN HOME USE, LOCATED DIRECTLY SOUTH OF 404 CANTRELL STREET.OWNER COLONIAL GROUP RESTORATION, INC.
ZDC DASH FOUR NINE DASH 2 0 2 5.
THIS PROPERTY IS LOCATED AT 4 0 4 KENT TRAIL STREET.
UH, WHAT THE PROPOSED REQUESTS YOU HAVE IN FRONT OF YOU IS TO CHANGE IT FROM A PLAN DEVELOPMENT MULTIFAMILY ONE TO A PDF MF ONE.
UM, WHAT THIS REQUEST IS, IS THEY ARE REQUESTING, UH, THIS TO BE TOWN HOMES IN HERE.
THEY WOULD BE ABLE TO FIT SIX DWELLING UNITS.
EACH ONE OF THESE DWELLING UNITS WOULD BE ON THEIR OWN INDIVIDUAL PARCEL.
UM, SO THEY WOULD BE FEE SIMPLE.
NOW ALLOW FOR THE ABILITY FOR THEM TO BE INDIVIDUALLY OWNED INSTEAD OF, UM, ONE PERSON HAVING TO BUY THE ENTIRE LOT OR HAVING TO GO THROUGH A CONDO PROCESS.
UM, WITH THIS PROPERTY, UM, IT IS A VERY DIFFICULT PIECE OF PROPERTY, UM, WITHIN THE CITY.
UM, IF YOU'RE ALL FAMILIAR WITH IT, WE HAVE THE RAILROADS JUST TO THE NORTH.
UH, WE HAVE A CREEK DOWN SOUTH.
WE HAVE, UM, THIS IS A KIND OF A, THE BRIDGE THAT GOES, UH, NEAR CITY HALL, UM, TO KIND OF BRING YOU, KIND OF UNDERSTAND WHAT, WHAT THE SURROUNDING PROPERTIES ARE, UM, WHAT THIS PROPERTY, UH, I THINK WE'VE BEEN WORKING WITH THEM FOR ABOUT A LITTLE BIT OVER A YEAR OR OR MORE ON THIS OF TRYING TO MAKE IT WORK AND TRYING TO FIGURE IT OUT.
UM, JUST TO KIND OF GIVE YOU THE HISTORY OF THIS PROJECT, UM, WITH THIS PROPERTY, UM, YOU HAVE, YOU HAVE SINGLE FAMILY MOSTLY AROUND THIS, BUT YOU ALSO HAVE YOU HEAVY INDUSTRIAL, UH, TO THE NORTH AND LIGHT INDUSTRIAL TO THE NORTH.
UM, YOU HAVE COMMERCIALS SURROUNDING IT.
UM, SO MOST TRADITIONAL NEIGHBORHOODS YOU WOULD HAVE, UM, SINGLE FAMILY COMPLETELY SURROUNDING IT.
UM, THIS PROPERTY IS ACTING MORE AS A BUFFER TO THE REST OF THE PROPERTIES, UH, LOCATED TO THE WEST AND SOUTH.
UH, WITH THIS, UH, WHAT THEY ARE REQUESTING WITH THE SIX, UH, DWELLING UNITS IS TWO AND A HALF STORIES, APPROXIMATELY 2200 SQUARE FEET.
UM, THERE ARE APPROXIMATELY THREE BEDROOMS, THREE AND A HALF BATHS, UM, WITH ROOFTOP PATIOS.
UM, THE DESIGN OF THIS, WHEN THEY WENT INTO IT, WHEN STAFF WORKED WITH THEM, UM, IT WAS REALLY TO GET SOMETHING THAT WAS MORE OF A MIXED USE FILL.
UM, A LITTLE BIT HIGHER DENSITY IN ORDER TO COMPLEMENT OUR DOWNTOWN.
UM, AND THE ACCESSIBILITY TO DOWNTOWN AND WHERE ITS LOCATION IS.
UM, HERE'S THE DEVELOPMENT CENTERS THAT WE'RE PROPOSING FOR THE SITE.
ONCE AGAIN, THIS IS A TRIANGLE PIECE OF PROPERTY.
UM, UNDER STRAIGHT ZONING, SF TWO, YOU REALLY WOULDN'T BE ABLE TO GET, OR EVEN S TWO, YOU WOULDN'T BE ABLE TO GET ABLE TO GET TOO MUCH IN HERE AND MAYBE A LOT, MAYBE.
UM, AND SO A LOT OF VANESSA HAD TO BE PUT INTO THIS.
A LOT OF DESIGN HAD TO BE THOUGHT WHEN THEY DID THIS DESIGN IN ORDER TO MAKE IT WORK ACCURATELY
[00:10:01]
AND, UM, TO MAKE IT FUNCTIONAL, UM, WITH THIS ALSO.SO HERE'S SHOWING THE SITE PLAN, UM, HOW THESE LOTS ARE ORIENTED.
YOU HAVE THE FRONT OF LOTS WHERE THEY LOOK INTERIOR TO THE SITE.
UM, THEY HAVE THE FIRE LANE REQUIREMENTS, UM, IN THE REAR, THEY HAVE ADDITIONAL DOORS, HOW THEY'VE ASSOCIATED ALL THE WINDOWS, THE WAY THINGS ARE BEING LOOKED AT.
UH, THEY DID TAKE INTO ACCOUNT ALL THE SURROUNDING AREA AROUND THEM WITH THE DESIGN OF THE BUILDING, THE DESIGNS OF THE BUILDING.
UM, YOU CAN SEE THAT THE ARCHITECTURE COMPLIMENTS, UH, THE USES TO THE NORTH.
UM, YOU HAVE A TIRE SHOP TO THE EAST.
YOU HAVE OUR DOWNTOWN THAT HAS LIKE, KINDA THAT FLAT ROOF, UM, STYLE TYPE OF DEVELOPMENT.
UM, AND THAT'S WHAT THIS IS KIND OF LENDING ITSELF TO IS THAT TYPE OF DEVELOPMENT WITH THE ARCHITECTURE.
THE PROPOSED, UH, THE PROPOSED PD DOES, UH, SPECIFY THE DETAILS OF WHAT THE ELEVATIONS HAVE TO BE.
IT INCLUDES THESE ELEVATIONS AS PART OF THE PD ORDINANCE.
UM, ADDITIONALLY IT DOES INCLUDE, UH, PARKING REQUIREMENTS.
EACH, EACH UNIT WILL HAVE TWO, UH, TWO CAR GARAGE.
UM, ADDITIONALLY NEEDS MEET ALL OF OUR ARTICULATION REQUIREMENTS, MAINSTREAM REQUIREMENTS.
UH, WE MAILED UP, UH, NOTICES ALL PROPERTY ORDERS WITHIN 200 FEET.
UM, ONE LETTER CAME BACK IN OPPOSITION.
WE RECEIVED TWO LETTERS OF SUPPORT, AND I CAN, UH, STAFF DOES RECOMMEND APPROVAL AND I CAN ANSWER ANY QUESTIONS AT THIS TIME.
YOU SAID THAT YOU'VE BEEN WORKING ON THIS FOR ABOUT A YEAR NOW.
WHAT'S BEEN THE HOLDUP? OH, SORRY, I, I DIDN'T REALIZE YOU'RE DONE.
UM, THERE, THERE WAS A LOT TO FIGURE OUT, UM, WITH TDOT, WITH THE DRAINAGE, THE FLOODPLAIN, UH, THE, THE ADJACENT, UH, CREEK, UM, HOW TO MAKE THE WATER AND SEWER WORK IN THIS AREA.
AND SO BEFORE THEY MOVED FORWARD, THEY WANTED TO MAKE SURE THEY COULD CROSS ALL THEIR T'S DOT THEIR I'S, WHICH WE RECOMMENDED AS WELL.
UM, SO NOT ONLY DID THEY HAVE TO GET PERMISSIONS FROM THE CITY, BUT THEY HAD TO GET PERMISSIONS FROM TAW ABOUT INGRESS, EGRESS ALSO ABOUT, UM, WATER SEWER EASEMENTS THERE.
THERE'S QUITE A FEW PIECES INTO THIS THAT YOU WOULDN'T SEE ON A TYPICAL INFILL LOT WITHIN THE CITY.
ANY MORE QUESTIONS FOR STAFF? I JUST HAVE A QUESTION ABOUT, SO IF EACH OF THESE ARE ON THEIR OWN LOT, WILL THEY EACH HAVE THEIR OWN ADDRESS OR WILL THEY HAVE ONE ADDRESS AND THEN A UNIT NUMBER? UH, THEY'LL, THEY'LL EACH HAVE THEIR OWN.
THEY WILL MEET THE ADDRESSING REQUIREMENTS FOR THE CITY.
UM, GENERALLY WHEN IT'S LOT SIMPLE, WHAT WE'RE GONNA LOOK AT WHEN WE DO ADDRESS THIS IS WE'LL MAKE SURE IT'S ADDRESSED CORRECTLY ACCORDING TO THE FIRE CO, UH, FIRE REQUIREMENTS AND TO, AND TO, UH, NORTH TEXAS, NORTH TEXAS COUNCIL OF GOVERNMENT'S ADDRESSING GUIDELINES.
UM, GENERALLY THEY SHOULD HAVE THEIR OWN ADDRESS, BUT ANY EVENT WE FIND THAT MIGHT BE AN ISSUE FOR THE FIREFIGHTERS, WE COULD POSSIBLY GIVE IT, UH, SUITE NUMBERS, BUT THEY WOULD BE INDIVIDUALLY PLOTTED LOTS WITH A LOT AND A BLOCK FOR EACH ONE.
ANY MORE QUESTIONS FOR STAFF? THANK YOU.
TRENTON STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.
BRAD YATES, TWO 11 NORTH GIBSON.
SO TO ANSWER YOURS, I, ON ONE OF THE, UH, LATEST EMAILS IN THE LAST LITTLE BIT, WE ACTUALLY HAD TO NAME THAT STREET THAT PRIVATE THOROUGHFARE.
AH, SO I'M GUESSING THAT'S PROBABLY WHAT THE ADDRESSES WILL BE.
I'M NOT SURE WHAT IT, WHAT IT IS TO BE HONEST.
ANYWAY, I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE DIRECTLY ACROSS THE STREET WE'VE STILL BEEN WORKING AT.
UH, THIS BOARD APPROVED, UH, SOME TOWN HOMES NEXT TO THE H THE OLD H AND H GROCERY SOMETIME BACK.
AND THIS IS KIND OF PHASE TWO OF THAT PARTICULAR PROJECT, WHICH EVERYTHING HAS KIND OF HINGED ON ALL OF THE, THE ENTIRE DEVELOPMENT OF THAT MM-HMM
AND SO I THINK WE'RE CLOSE TO THE FINISH LINE, AT LEAST WITH TXDOT AND ALL OF THESE OTHERS.
THIS WILL, EVEN THOUGH THIS IS CONSIDERED PHASE TWO, THIS WILL PROBABLY BE PHASE ONE, AND THEN WE'LL DO THE OTHER ONE AFTER THE FACT.
BUT THIS HAS BEEN, UH, YES, I'M, I'M EXCITED TO GET GOING.
IT'S A REALLY INTERESTING USE FOR THAT FUNNY SHAPED LIKE TRIANGULAR LOT.
IT, IT'S TAKEN SOME HEAD SCRATCHING FOR SURE.
THANK YOU MR. YATES, THIS IS A PUBLIC HEARING.
WE HAD ONE PERSON SIGN UP TO SPEAK FOR THE AGENDA.
[00:15:02]
SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT.AND MR. TIINA, COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE? I HAVE SOME PICTURES FOR THE BOARD.
CAN I, WHY DON'T YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD.
ADRIAN TYRANA, 300 HAYLEY DRIVE.
AND REAL QUICK, ARE WE ABLE TO KEEP THESE PICTURES FOR THE RECORD? YES.
JUST WANNA MAKE SURE, MR. TERRYANA, WHY DON'T YOU TELL US WHAT WE'RE LOOKING AT? SURE.
SO THOSE, UH, PICTURES ARE FROM BOTH MY BACKYARD AND MY LIVING ROOM, WINDOWS FACING TO THE REAR, AS WELL AS AN EXTERIOR PICTURE OF THE PROPOSED SITE DEVELOPMENT AND REZONING.
UM, AND THEN I HAVE WORDS TO SPEAK ON AS FAR AS THE INTRUSION AND, UM, UH, PROPERTY OWNER RIGHTS OF INDIVIDUALS THAT MOVED THERE WITH THE CURRENT ZONING IN MIND.
UH, SO I JUST WANT TO GIVE EVERYBODY A VISUAL VISUALIZATION BEFORE I I BEGIN SPEAKING.
MADAM CHAIR, MY WIFE KELLY AND I ARE HERE TO SPEAK IN OPPOSITION TO THIS.
AND TONIGHT I WANT TO TALK ABOUT LAND USE, COMPATIBILITY, PRIVACY CONCERNS, QUALITY OF LIFE IMPACTS, AND ASK THE QUESTION, DOES THIS REZONING SERVE PUBLIC INTEREST? WE ARE NOT OPPOSED TO RESPONSIBLE DEVELOPMENT.
OUR CONCERN IS THAT THIS REZONING WOULD PLACE SIX TOWN HOMES, 15 FEET FROM OUR REAR PROPERTY LINE DIRECTLY BEHIND OUR PATIO AND LIVING ROOM WINDOWS.
THIS CREATES SIGNIFICANT COMPATIBILITY AND QUALITY OF LIFE CONCERNS FOR US AS WELL AS OTHER EXISTING HOMEOWNERS.
THE PROPOSED TOWN HOMES WILL HAVE MULTIPLE WINDOWS AND LIVING SPACES LOOKING DIRECTLY INTO OUR BACKYARD AND HOME.
MY FAMILY WOULD LOSE SUBSTANTIAL AMOUNT OF PRIVACY WHILE USING OUR PATIO, BACKYARD AND REAR FACING LIVING ROOM WINDOWS.
HOMEOWNERS SHOULD BE ABLE TO ENJOY THEIR OUTDOOR LIVING SPACES WITHOUT FILLING CONSTANTLY OBSERVED BY NEIGHBORING RESIDENCES.
ONE OF THE REASONS WE PURCHASED OUR HOME WAS THE EXP EXPECTATION CREATED BY THE EXISTING ZONING AND SURROUNDING LAND USES.
THIS PROPOSED DEVELOPMENT WOULD FUNDAMENTALLY CHANGE THE ABILITY TO ENJOY OUR PATIO AND DEPRIVE OUR LIVING ROOM AND NATURAL LIFE.
THE PROPOSED SETBACK APPEARS INSUFFICIENT TO CREATE REASONABLE TRANSITION BETWEEN USES AND THE DEVELOPMENT WOULD PLACE MUCH MORE INTENSE RESIDENTIAL USE DIRECTLY ADJACENT TO ALREADY ESTABLISHED SINGLE FAMILY HOMES.
UH, NOW THAT I KNOW ROOFTOP DECKS WILL BE IN AN AMENITY, UH, DEPENDING UPON THE HEIGHT OF THESE DECKS, RES RESIDENTS WILL HAVE A BIRD'S EYE VIEW INTO MY BACKYARD AND INTO MY LIVING ROOM.
INCREASED ACTIVITY IMMEDIATELY BEHIND THE HOMES WILL AFFECT QUIET ENJOYMENT THAT RESIDENTS THERE CURRENTLY ENJOY.
THE IMPACT IS MAGNIFIED DUE TO THE LIMITED SEPARATION DISTANCE.
REZONING SHOULD CONSIDER THE EXPECTATIONS OF EXISTING RESIDENTS WHO INVESTED IN THE NEIGHBORHOOD BASED ON NINGS CURRENT ZONING AND LAND USE PATTERNS.
IF THIS IS A FOREGONE CONCLUSION, IF PRO, IF APPROVAL IS INEVITABLE, I RESPECTFULLY ASK THE BOARD FOR THE FOLLOWING CONDITIONS, INCREASE SETBACK FROM EXISTING HOMES, ADDITIONAL SEASONAL LANDSCAPE BUFFERING AND TREES RESTRICTIONS ON SECOND STORY WINDOWS FACING EXISTING HOMES AND REORIENTATION OF THE BUILDINGS AWAY FROM NEIGHBORING BACKYARDS.
I RESPECTFULLY ASK THE BOARD TO CONSIDER THE IMPACT THIS REZONING WILL HAVE ON EXISTING HOMEOWNERS WHO LIVE IMMEDIATELY ADJACENT TO THE PROPERTY.
THIS WILL SEVERELY DIVIN DIMINISH MY FAMILY'S ENJOYMENT OF OUR PROPERTY.
AND IF THE BOARD MEMBERS HAVE ONLY LOOKED AT THIS PROPOSAL THROUGH GOOGLE MAPS AND STREET VIEWS, I CHALLENGE EACH OF YOU TO DRIVE THE AREA WITH THESE CONCERNS IN MIND.
FEEL FREE TO KNOCK ON MY DOOR.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION, MR. TIINA.
BEFORE YOU TAKE YOUR SEAT, UM, COULD YOU GIVE ME THOSE UH, CONDITIONS ONE MORE TIME? THANKS.
UH, INCREASED SETBACK FROM EXISTING HOMES, ADDITIONAL SEASONAL LANDSCAPE, BUFFERING AND TREES.
THE REASON WHY I SAID THAT I DON'T KNOW IF THE DEVELOPMENT PLANS KEEPING THE TREES THAT ARE CURRENTLY IN PLACE, UM, FROM MY CURRENT, UM, LIVING ROOM.
IF YOU LOOK OUT THE WINDOWS, ESPECIALLY IN THE FALL, I HAVE A BEAUTIFUL VIEW OF THE ELLIS COUNTY COURTHOUSE THAT WILL NO LONGER BE A THING WITH TOWN HOMES DIRECTLY IN MY FACE.
UM, BUT IF THERE'S SOME SORT OF LANDSCAPING, IF THIS, AGAIN, IF THIS IS INEVITABLE, IF WE CAN HAVE SOME KIND OF LANDSCAPING FEATURES, THAT WOULD BE GREAT.
UH, RESTRICTIONS ON SECOND STORY WINDOWS FACING EXISTING HOMES, I'M NOT SURE THE ELEVATION OF THESE PROPOSED TOWN HOMES, BUT AT THE SECOND STORY, AND ESPECIALLY ON THE ROOFTOP DECK, WHOEVER'S THERE WILL BE ABLE TO LOOK LESS THAN, LESS THAN 15 FEET AWAY DIRECTLY INTO MY LIVING ROOM AND DIRECTLY INTO MY BACKYARD.
UH, AND THEN ANY POTENTIAL REORIENTATION OF THE BUILDINGS AWAY FROM EXISTING NEIGHBORHOODS.
[00:20:05]
THANK YOU VERY MUCH.MR. YATES, WOULD YOU MIND, SIR? HE, UH, MAKES A COMPELLING ARGUMENT.
SO TREES THAT ARE ON THE PROPERTY LINE CURRENTLY, WE PLAN TO LEAVE THOSE, THAT'S PART OF MEETING OUR LANDSCAPE REQUIREMENTS.
UM, I THINK THE TREE CANOPY OF THOSE IS PROBABLY HIGHER THAN WHAT THE ROOFTOP DECK OF THESE STRUCTURES WILL BE.
AND ANY ROOFTOP PATIOS WILL BE FACING TOWARD THE VIA DUCT, NOT TOWARD THE NEIGHBORING PROPERTIES.
UH, THE AREA THAT IF, IF YOU KNOW THE AREA OR IF YOU'VE DRIVEN BY THERE, IT HAS A SIGNIFICANT SLOPE TO THE, UH, OR THE GRADE HAS A SIGNIFICANT SLOPE TOWARD CAN TRAIL.
WE'RE ACTUALLY, THAT'S THE REASON WE BUMPED IT OFF.
I BELIEVE IT WAS 15 FEET OFF OF THE NEIGHBORING PROPERTIES.
SO WE CAN PUT UP A SIGNIFICANT RETAINING WALL.
I BELIEVE THAT RETAINING WALL IS EIGHT TO 10 FEET IN HEIGHT.
SO THE FIRST, THE FINISHED FLOOR OF THE FIRST, UH, UNIT OR THE GROUND FLOOR UNIT IS EIGHT TO 10 FEET BELOW OUR RETAINING WALL, WHICH IS PROBABLY, I HAVEN'T SHOT GRADE OR ANYTHING AT THIS POINT.
I WOULD SAY SOMEWHERE CLOSE TO 1215 FEET BELOW THE FINISHED FOUR OF THE NEIGHBORING PROPERTIES.
SO WE'RE TRYING TO MINIMIZE THE SCALE OF THAT.
THE, THE TOWN HOMES THAT WERE APPROVED DIRECTLY ACROSS THE STREET ARE QUITE A BIT HIGHER MM-HMM
BECAUSE WE'RE NOT OBSTRUCTING ANYONE'S VIEW.
WE'RE TRYING TO BE A BIT SYMPATHETIC TO THAT.
SO YOU WOULD SAY THAT YOU WERE SYMPATHETIC TO THE FLIGHTS? YES, MA'AM.
OF YOUR FUTURE NEIGHBORS? YES, MA'AM.
ANY MORE QUESTIONS FOR THE APPLICANT BEFORE HE TAKES A SEAT? IS THERE ANY APPETITE TO SHIFT, KIND OF SHIFT THE STRUCTURES A LITTLE BIT FURTHER INTO THE, THE, I GUESS THE POINT OF THAT TRIANGLE TO INCREASE THAT SETBACK A LITTLE BIT? SO WHAT MAKES THIS LOT? GREAT QUESTION.
WHAT MAKES THIS A LOT A BIT CHALLENGING? AS YOU GET CLOSER TO THE POINT DOWN THERE AT CANTRELL, WE GET INTO THE FLOODPLAIN MM-HMM
UH, WHICH IS A LOT OF THAT STUFF DOWN IN THAT PART OF THE WORLD IS YEAH.
THE OTHER CHALLENGE TO THIS, WHAT Y'ALL SAW THAT WE KIND OF BRIEFLY SKIMMED OVER, YOU'VE GOT TWO DIFFERENT ELEVATIONS AND I GAVE THIS BOARD THE CHOICE TO CHOOSE WHICH ELEVATION YOU WANT.
WE DID A, A MASONRY AND A FRAME.
UM, WE ORIGINALLY DESIGNED THIS AS A FRAME, WHICH WAS A BOARD AND BATTEN, UH, WHICH IS KIND OF FITS A LITTLE BIT MORE TOWARD THE ARCHITECTURE OF MOST OF THE HOMES AROUND THERE.
BUT BEING THAT WE'RE DOING MASONRY ACROSS THE STREET, WE THOUGHT, WELL, MAYBE THAT WOULD PROBABLY BE A BETTER FIT.
THE PROBLEM WITH THAT IS WE HAD TO COMPLETELY REDESIGN THE SITE PLAN WHEN WE ADDED THE MASONRY BECAUSE IT ADDED 11 AND A HALF INCHES TO THE SLAB SITE, TO THE SITE PLAN.
TO ANSWER YOUR QUESTION, MR. SIMPSON, WE HAD TO TWEAK THE SITE PLAN AND HAD TO MOVE IT UP A BIT TO ALLOW FOR THE MASONRY.
SO IF WE WANTED TO GO TO THE MASONRY, THEN IT IS WHAT IT IS.
IF WE WANTED TO GO THE FRAMING, FRAMING ELEVATION, YES.
UH, I DON'T, I COULDN'T TELL YOU RIGHT NOW EXACTLY HOW MANY FEET THAT WOULD MOVE IT DOWNHILL, BUT IT WOULD MOVE IT SOME.
ANY MORE QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION ABOUT THE ROOFTOP.
I KNOW YOU SAID THE, UH, ROOFTOP STRUCTURE WAS GONNA FACE AWAY FROM THE HOMEOWNERS, I'M ASSUMING.
SO ON THE BACK OF THAT, CAN THEY NOT WALK BACK THERE? I KNOW THE OPENING IS AWAY FROM IT.
THAT WOULD JUST BE FOR, THAT WOULD JUST BE FOR MAINTENANCE.
BUT THEY WOULDN'T, THEY WOULD'VE, THE ROOFTOP, UH, CONDENSERS UP THERE HAVE PROBABLY SOME TYPE OF IRON GATE, ET CETERA, JUST SO NO WAY FOR THEM TO SERVICE.
IT WON'T BE ANY TYPE OF DECKING UP THERE.
UM, COULD YOU COME BACK UP, SIR? MS. REINA? YES, MA'AM.
UM, DID Y'ALL RECENTLY PURCHASE THE HOME? UH, MAY WAS A YEAR.
BECAUSE THE NOTICE THAT WAS SENT OUT WAS MAILED TO DIFFERENT HOMEOWNERS? YES.
SO ARE Y'ALL RENTING OR DID YOU NO, NO, NO.
UM, WE, MY WIFE ACTUALLY ADDRESSED THAT WITH, WITH THE CITY.
UM, AS FAR AS US NOT BEING LONGING, I JUST, THAT HAS TO DO WITH ELLIS COUNTY APPRAISAL DISTRICT, THEIR RECORDS WHERE WE PULLED THESE LISTS FROM.
[00:25:01]
TO MAKE SURE WE HAD ALL THE INFORMATION.AND THEN I THINK MR. SIMPSON HAD A QUESTION ALSO.
SO, UH, IF, IF THIS WERE TO BE APPROVED, IT'S, IT'S GOING IN YOUR BACKYARD AS YOU JUST TALKED ABOUT.
SO WHICH ELEVATION DO YOU PREFER? THE MASONRY OR THE, THE BOARD.
I'M GONNA, I'M GONNA DEFAULT TO MY WIFE IF WE HAVE TO CHOOSE.
WELL, I, I'M NOT EXACTLY CLEAR ON WHAT DO YOU HAVE.
YOU HAVE, SO ONE, ONE WOULD BE LIKE A HARDY BOARD KIND OF SIDING LOOK, WHICH IS LIKE THIS, THESE PANELS.
UM, THE OTHER OPTION WOULD BE YOUR TYPICAL BRICK MASONRY.
SO BRICK, A BRICK DOES ALL BRICK.
DO YOU HAVE AN OPINION? BROAD, MA'AM, WHY DON'T YOU COME UP IF YOU DON'T MIND, AND STATE YOUR NAME AND ADDRESS FOR US.
AND I, I THINK JUST TO CLARIFY, MR. YATES, DID YOU SAY THAT THE MASONRY OPTION IS ABOUT A FOOT TALLER THAN THE OTHER ONE? NO, I'M SORRY.
I'M SO SORRY TO ALLOW FOR THE BRICK.
COULD YOU STATE YOUR NAME AND ADDRESS PLEASE? HI, UH, KELLY DELA BY 300 HALEY DRIVE.
UM, I WOULD SAY THE MASONRY WOULD PROBABLY BE A NICER, LONGER LASTING LOOK.
IF THERE HAS IT IS AFTER IT'S, UM, YEAH.
I'M NOT GONNA MAKE THAT DECISION WHEN YOU GO HOME.
ANY MORE QUESTIONS? NO, THANK YOU FOR CLARIFYING.
OKAY, WELL THE CHAIR WILL ENTERTAIN A MOTION.
YOU GOTTA CLOSE THE PUBLIC HEARING.
[6. Consider approval of ZDC-49-2025]
CHAIR WILL ENTERTAIN A MOTION.MOVE TO RECOMMEND APPROVAL OF CDC 49 20 25 ZONE CHANGE FROM COMMERCIAL ZONING TO PLAN DEVELOPMENT.
ONE ZONING DISTRICT LOCATED DIRECTLY SOUTH OF 4 0 4 CANTRELL.
SUBJECT TO THE CONDITIONS OF THE STAFF REPORT.
UH, WITH THE, UH, I GUESS I WOULD JUST, WE WOULD JUST ADD SOMETHING MASONRY WITH THE, WITH THE, UH, PREFERENCE OF THE MASONRY ELEVATION.
ALL IN FAVOR, PLEASE RAISE YOUR RIGHT HAND.
[7. Public Hearing on a request by Jennifer Smolka, for a Specific Use Permit (SUP) for a Short-Term Rental use within a Single-Family-2 (SF-2) zoning district located at 116 San Jacinto Court (Property ID 174917) - Owner: Smolka Holdings LLC Series D (ZDC-21- 2026)]
NEXT IS ITEM NUMBER SEVEN, PUBLIC HEARING ON A REQUEST BY JENNIFER MKA.FOR A SPECIFIC USE PERMIT FOR A SHORT TERM RENTAL USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT 1 1 6 SAN JACINTO COURT PROPERTY ID 1 7 4 9 1 7.
OWNER MKA HOLDINGS, LLC SERIES DZDC DASH 21 DASH 2026.
SECOND ON GOOD EVENING COMMISSION, ZDC DASH 21 DASH 2026.
UM, STAFF RECEIVED THIS APPLICATION REQUEST DURING THE MARCH 5TH, UH, 2026 SUBMITTAL CYCLE REQUESTING A SUP TO OPERATE A SHORT-TERM RENTAL USE AT ONE 16 SAN JACINTO COURT.
THE SUBJECT PROPERTY IS LOCATED WITHIN THE SF TWO ZONING, UH, DISTRICT AND IS SITUATED ON APPROXIMATELY 0.16 ACRES.
THE SUBJECT PROPERTY CONSISTS OF A PRIMARY STRUCTURE OF 2,463 SQUARE FEET, UM, WITH THREE BEDROOMS AND ENOUGH IMPROVED SURFACE TO ACCOMMODATE FOR THE MAXIMUM PARKING OF THREE VEHICLES.
ELLIS COUNTY DOES NOT IDENTIFY THE SUBJECT PROPERTY AS A HOMESTEAD.
THE APPLICANT HAS NOT BEEN OPERATING THE SUBJECT PROPERTY AS A, AS A SHORT-TERM RENTAL.
THERE ARE NO NUISANCE RELATED, UH, CALLS MADE TO THE WAXAHACHIE PD WITHIN THE PAST 12 MONTHS AND THE EMERGENCY CONTACT IS LOCATED APPROXIMATELY NINE MILES FROM THE SUBJECT.
PROPERTY STAFF SENT OUT A TOTAL OF 106 LETTERS, UH, TO THE PROPERTIES LOCATED WITHIN THE 500 BUFFER OF THE SUBJECT.
STAFF RECEIVED 22 LETTERS OF OPPOSITION AND NO LETTERS OF SUPPORT WITH EIGHT LETTERS LOCATED WITHIN THE 200 BUFFER STAFF AND THE APPLICANT ARE HERE FOR ANY QUESTIONS.
THANK YOU ON ANY QUESTIONS FOR STAFF? DO YOU HAVE OH GOOD.
SO HOW MANY, UM, HOW MANY SHORT TERM RENTALS ARE CURRENTLY IN THAT AREA? OH, THAT'S JUST THE OPPOSITION, CORRECT? OH YEAH, UH, RIGHT HERE.
SO THERE'S ONE THAT WAS DENIED AND THEN ONE THAT'S OUTSIDE OF THE 500 FOOT BUFFER.
[00:30:01]
YOU.ANY MORE QUESTIONS FOR STAFF? THANK YOU VERY MUCH.
ANN, IS THE APPLICANT HERE? YES.
COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? JENNIFER MKA.
5 0 4 LAKEWOOD DRIVE, WAXAHATCHEE, KEVIN SMOKIN, 5 0 4 LAKEWOOD DRIVE.
ANYTHING YOU'D LIKE TO SHARE WITH US REGARDING YOUR APPLICATION? UM, I DO WANNA MAKE ONE QUICK NOTE.
UM, WE WERE ORIGINALLY SCHEDULED FOR THE WEATHER RELATED BACK IN APRIL, SO WE GOT DELAYED SO EVERYTHING WENT BACK OUT AGAIN AS A SECONDARY CALL.
AT THE, UM, THE PREVIOUS ONE THERE WERE SIX PEOPLE THAT HAD RESPONDED AND FOUR OF THOSE SIX REPLIED AGAIN
SO OUR NUMBERS WERE A LOT LESS BACK IN APRIL.
UM, AND SEVERAL OF THOSE THAT ARE LISTED NOW ARE DUPLICATES.
SO I THINK THERE'S ABOUT 18 UNIQUE ONES.
UM, KEVIN AND I HAVE OWNED THIS PROPERTY SINCE 2020 AND IT HAS BEEN A LONG TERM RENTAL FOR US SINCE THEN.
UM, PRIOR TO US LOOKING BACK AT A LONG TIME, W INDIVIDUAL, IT HAD BEEN A RENTAL FOR A LONG TIME BEFORE US.
UM, WE ARE CURRENTLY USING THIS PROPERTY WITH A MIDTERM RENTAL.
UM, WE HAVE PEOPLE FROM THE CHOSEN THAT HAVE BEEN IN IT, UM, FROM MARCH TILL THEY JUST CAME BACK IN ON SUNDAY AND THEY'LL BE IN THE HOUSE UNTIL OCTOBER.
SO WHAT WE'RE REALLY PLANNING ON DOING WITH THIS IS HAVING AN STR FOR THOSE IN-BETWEEN TIMES WITH A MIDTERM OR A LONG TERM RENTAL.
UM, WE DID PUT THE HOUSE UP FOR THE SALE.
UM, WE DO SEE THAT SEVERAL PEOPLE WERE SAYING THAT, WELL, WE SHOULD SELL IT.
WE DID DO THAT AND AFTER FOUR MONTHS OF ON THE MARKET HAD NOTHING TO GO FOR IT, IT IS, UM, NEEDED A GOOD UPDATING.
WE PUT ABOUT $20,000 INTO THE HOUSE IN PAINTING AND UPDATING AND SOME MAKING IT PRETTY COMING IN OUT OF THE SEVENTIES KIND OF THING.
UM, IN FACT, ONE OF OUR, UM, OPPOSITIONS ACTUALLY COMMENTED AND HOW NICE THE HOUSE WAS LOOKING DUE TO SOME RECENT UPDATES.
UM, AND SO WE'RE REALLY LOOKING AT THIS AS AN UM, KIND OF IN BETWEEN FLEXIBILITY FOR US.
AS I SAID, WE ALREADY HAVE SOMEBODY IN THE HOUSE UNTIL OCTOBER.
ANY QUESTIONS? DO Y'ALL OWN ANY OTHER SHORT TERM RENTALS? YES, WE DO.
WE HAVE A TWO ONE, UM, OVER ON WILLIAMS STREET.
UM, ANOTHER HOUSE THAT WE'VE ACTUALLY, UM, OWNED NOW FOR ALMOST NINE OR 10 YEARS.
UM, WE'VE BEEN OPERATING SINCE SEPTEMBER AT THAT RESIDENCE AND HAVE DONE VERY, UH, FUN WITH IT.
WE'VE ACTUALLY WELCOMED A FEW BABIES INTO THE WAXAHATCHEE COMMUNITY AND THEY SPENT THEIR FIRST NIGHT AT THE HOUSE.
UM, I HAD AN ENGAGEMENT THIS PAST WEEKEND AND THEY HAD BEEN HERE, SOMEBODY THAT'S WORKING IN THE COMMUNITY AND LIVING IN KIND OF TEMPORARY HOUSING, BROUGHT HIS FIANCE, NOW FIANCE AND THEY'VE NOW STAYED WITH US THREE TIMES.
A LOT OF FAMILIES HAVE COME INTO THE AREA FOR A VARIETY OF THINGS.
AND THEN WE'VE REALLY BEEN SUPPORTING AND WORKING WITH LOWLY LORI ON THE CONVENTION BUREAU TYPE STUFF AND PROVIDING SOME ADDITIONAL HOUSING.
SO FOR YOUR HOUSE RULES, HAVE YOU FOUND, UM, YOUR TENANTS TO BE AMENABLE? OH, COMPLETELY.
I MEAN WE HAVE HAD GREAT EXPERIENCES.
WE'RE ALMOST TO 40 RESERVATIONS, UM, ON THE TWO ONE, WE CALL IT THE BLUE BONNET BUNGALOW.
WE HAVEN'T HAD ANY COMPLAINTS TO ANYBODY ON IT.
UM, WE ARE FIVE STAR RATINGS COMPLETELY A HUNDRED PERCENT ON ALL OF OUR RATINGS.
IN OUR FIRST QUARTER WE MADE THE UM, AIRBNB SUPERHOST.
WE'VE KEPT THAT EVERY QUARTER SINCE.
AND IN MARCH WE MADE VRBO PREMIER HOSTESS.
I KNOW IT SAYS SMOKE HOLDINGS ON IT 'CAUSE IT'S AN LLC, BUT I KNOW MANY OF YOU, Y'ALL KNOW US.
AND SO THIS ISN'T SOMEBODY OUTSIDE.
THIS IS SOMEBODY THAT'S DOING SOMETHING WITH SOME PROPERTIES THAT WE HAVE.
CONGRATULATIONS ON YOUR ACCOMPLISHMENTS.
ANY MORE QUESTIONS FOR THE APPLICANT? WELL, THANK YOU SO MUCH.
THIS IS A PUBLIC HEARING AND WE HAD ZERO PEOPLE SIGN UP FOR THE PUBLIC HEARING AND WE WILL CLOSE THE PUBLIC HEARING.
[8. Consider approval of ZDC-21-2026 ]
THE CHAIR WILL ENTERTAIN A MOTION.BEFORE WE ENTERTAIN A MOTION, I JUST WANNA SAY, UM, YOU KNOW, FOR ANYONE WHO IS WATCHING THIS, ANYONE WHO'S CONCERNED ABOUT SHORT-TERM RENTALS, UM, THE CITY HAS SO MUCH MORE, UM, ABILITY TO OVERSEE SHORT-TERM RENTALS THAN THEY DO LONG-TERM RENTALS.
AND I THINK THAT'S SOMETHING REALLY, REALLY IMPORTANT THAT EVERYONE NEEDS TO KNOW IF THEY'RE CONCERNED ABOUT A SHORT-TERM RENTAL IN THEIR NEIGHBORHOOD, UM, THAT, YOU KNOW, AND IT'S, IT CAN OFTEN BE A LOT HARDER TO GET A LONG-TERM RENTAL OUT OF A HOME THAN IT IS A SHORT-TERM RENTAL.
SO, UM, I JUST WANTED TO SAY THAT REAL QUICK, BUT I WILL MAKE A MOTION TO RECOMMEND APPROVAL OF WAIT, WHICH ARE WE ON? EIGHT.
A SPECIFIC USE PERMIT FOR A SHORT-TERM RENTAL USE SUBJECT TO THE CONDITIONS
[00:35:01]
OF THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.SECOND, WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR? RAISE YOUR RIGHT HAND PLEASE.
[9. Public Hearing on a request by Jill Chambers, for a Specific Use Permit (SUP) for ShortTerm Rental use within a Planned Development (PD – Ordinance No. 2302) zoning district located at 186 Delta Drive (Property ID 309387) - Owner: Jill Chambers (ZDC-63-2026) ]
IS ITEM NUMBER NINE, PUBLIC HEARING ON A REQUEST BY JILL CHAMBERS FOR A SPECIFIC USE PERMIT FOR SHORT TERM RENTAL USE WITHIN A PLAN DEVELOPMENT PD.ORDINANCE NUMBER 2 3 0 2 ZONING DISTRICT LOCATED AT 1 8 6 DELTA DRIVE.
OWNER, JILL CHAMBERS, ZDC DASH 63 DASH 2026 ON ZDC DASH 63 DASH 2026 STAFF RECEIVED THIS APPLICATION, UM, ON THE JUNE 3RD, 2026 SUBMITTAL CYCLE REQUESTING A SUP TO OPERATE A SHORT-TERM RENTAL LOCATED AT 1 8 6 DELTA DRIVE.
THE SUBJECT PROPERTY IS LOCATED WITHIN THE SADDLEBROOK PD, WHICH HAS A BASE ZONING DISTRICT OF SF THREE AND IS SITUATED ON APPROXIMATELY 0.15 ACRES.
THE PROPERTY, THE SUBJECT PROPERTY CONSISTS OF A PRIMARY STRUCTURE OF 1,830 SQUARE FEET AND WITH FOUR BEDROOMS AND OFF STREET PARKING WILL BE LOCATED IN THE GARAGE AND DRIVEWAY.
ELLIS COUNTY DOES NOT IDENTIFY THE SUBJECT PROPERTY AS A HOMESTEAD.
THE APPLICANT HAS NOT BEEN OPERATING THE SUBJECT PROPERTY AS A SHORT TERM RENTAL THERE HA.
THERE ARE NO NUISANCE RELATED PHONE CALLS MADE TO THE WAXAHATCHEE PD WITHIN THE PAST 12 MONTHS.
THE EMERGENCY CONTACT IS LOCATED NINE AND A HALF MILES FROM THE SUBJECT PROPERTY STAFF SENT OUT A HUNDRED LETTERS WITHIN THE 500, UH, FOOT BUFFER FROM THE SUBJECT PROPERTY AND STAFF RECEIVED ONE LETTER OF OPPOSITION AND NO LETTERS IN SUPPORT OF THIS REQUEST.
THE LETTER RECEIVED IS LOCATED WITHIN THE 200 FOOT BUFFER AND STAFF AND THE APPLICANT ARE HERE IF Y'ALL HAVE ANY QUESTIONS.
THANK YOU ON ANY QUESTIONS FOR STAFF? ARE THERE ANY OTHER SHORT TERM RENTALS IN THAT AREA? NO, THE CLOSEST ONE, I BELIEVE IT'S, UH, ON XAVIER COURT, WHICH IS ABOUT ALMOST TWO MILES AWAY.
SO THIS IS THE SUBJECT PROPERTY AND THE CLOSEST ONE'S RIGHT THERE.
ANY MORE QUESTIONS FOR STAFF? THANK YOU VERY MUCH ON IS THE APPLICANT HERE.
COULD YOU PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD? MY NAME IS JILL CHAMBERS AND MY ADDRESS IS TWO 11 FLOWER MEADOWS DRIVE IN WAXAHATCHEE.
IS THERE ANYTHING YOU'D LIKE TO SHARE WITH US ABOUT YOUR APPLICATION? YES, I WOULD.
I AM A FAM, I'M A, MY FAMILY IS FULL OF NURSES, A NURSE ANESTHETIST, AND THERE'S A PROBLEM WITH HOUSING FOR TRAVELING NURSES AND TRAVELING PHYSICIANS.
AND AS I APPROACH RETIREMENT, I SAY, WHY NOT ME
HOWEVER, SOMETIMES SHORT TERM RENTALS ARE NECESSARY TO FILL IN THE GAPS IN BETWEEN.
SO WITH THAT SAID, BAYLOR SCOTT AND WHITE IS THREE MILES OFF THE NS.
REGIONAL MEDICAL IS 13 MILES AWAY.
UH, WE HAVE METHODIST CHARLESTON, WE HAVE CRESCENT MEDICAL CENTER, WE HAVE THE METHODIST MANSFIELD MEDICAL CENTER AND WE NEED NURSES AND PHYSICIANS IN THESE HOSPITALS.
SO THAT'S MY GOAL TO BE A TRAVELING NURSE, UM, TRAVELING PHYSICIANS.
AND WE HAVE CORPORATE THAT'S ALSO LOOKING FOR HOUSING FOR THEIR TRAINER TRAINEES, UH, AND SO FORTH.
AND OF COURSE, MIDTERM RENTALS IS FINE, BUT I NEED THE SHORT TERM RENTAL JUST IN BETWEEN.
I'M NEW AT THIS AND, UM, I'M A VERY RESPONSIBLE PERSON.
32 YEARS AS A SCHOOL TEACHER IN LOUISIANA AND IN DUNCANVILLE.
UM, THE HOUSE RULES ARE SET AND I'M ONLY NINE MILES AWAY.
AND, UH, WE PLAN ON RUNNING A TIGHT SHIP AND SCREENING OUR TENANTS.
[00:40:01]
DON'T ANTICIPATE ANY PROBLEMS. IT'S A WONDERFUL HOME.IT'S, AND UM, I THINK IT'LL BE A HOME AWAY FROM HOME FOR WHOMEVER WANTS TO BE THERE.
ANY OTHER QUESTIONS? SO THIS WOULD BE YOUR FIRST SHORT TERM RENTAL? YES.
ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU.
THIS IS A PUBLIC HEARING AND WE HAD ZERO PEOPLE SIGN UP TO SPEAK.
SO WE WILL CLOSE THE PUBLIC HEARING
[10. Consider approval of ZDC-63-2026]
AND THE CHAIR WILL ENTERTAIN A MOTION.I MOVE TO RECOMMEND APPROVAL ZDC 63 20 26 SUP FOR SHORT TERM RENTAL USE SUBJECT TO THE CONDITIONS OF STAFF REPORT AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.
SECOND, WE HAVE A MOTION AND A SECOND.
ALL IN FAVOR? RAISE YOUR RIGHT HAND.
[11. Public Hearing on a request by Judd Richter for a Specific Use Permit (SUP) for Accessory Structures Exceeding 1,000 sq ft within a Single Family-2 (SF-2) zoning district located at 902 West Marvin Avenue (Property ID 176012) – Owner(s): Judd and Cheri Richter (ZDC-43-2026) ]
IS ITEM NUMBER 11.UH, A REQUEST BY JUDD RICHTER FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 1000 SQUARE FEET.
IT HAS BEEN WITHDRAWN, SO WE WILL NOT DISCUSS THIS ITEM AND AT THIS POINT WE WILL GO INTO OUR CLOSING.
WE WILL HAVE STAFF AND COMMISSION COMMENTS ON YOU.
HAVE ANYTHING FOR US THIS EVENING? NO MA'AM.
COMMISSIONER UNDERWOOD? NO MA'AM.
UM, I LOVE THE PROJECT, BRAD, BY THE WAY.
SMOKES, UH, YOU KNOW, A LOT OF OPPOSITION, BUT AT THE SAME TIME, YOU KNOW, I KNOW THAT YOU'RE GONNA STAND UP AND DO THE RIGHT THING AT ALL TIMES AND I'M SUPER EXCITED ABOUT YOUR FIRST STR.
SO THANKS FOR INVESTING IN THE COMMUNITY COMMISSIONER CONNOR.
UH, JUST THANK YOU FOR THE, THE STAFF FOR THEIR COMMENTS AND, AND, UH, LEADING US AND READY TO GO.
AND LAST, BUT CERTAINLY NOT LEAST, OUR VERY OWN DIRECTOR OF PLANNING ALL.
WELL, I'D LIKE TO THANK EVERYBODY FOR ATTENDING THIS EVENING.
IT IS A, A PRIVILEGE AND AN HONOR TO SERVE THE CITY AND THE CITIZENS OF WAXAHATCHEE.