Aug 25, 2026 Planning &amp; Zoning

SECOND.

I'M SORRY.

SECOND.

WE HAVE A MOTION AND A SECOND.

FIVE, PUBLIC HEARING ON A REQUEST BY PATRICK MCGEE HYLAND, I'M SORRY, HYDE PARK.

NEXT IS ITEM NUMBER

[5. Public Hearing on a request by Patrick McGee, HighPark Capital, LLC for a Zoning Change from a Commercial Zoning District to a Planned Development-Multi-Family-2 (PD-MF-2) zoning district, located at 1761 N US Highway 77 (Property ID 186874) – Owner(s): Ferris Avenue Baptist Church DBA The Avenue (ZDC-54-2026)]

CAPITAL LLC FOR A ZONING CHANGE FROM A COMMERCIAL ZONING DISTRICT TO A PLANNING DEVELOPMENT, PLANNED DEVELOPMENT MULTIFAMILY TWO ZONING DISTRICT LOCATED AT 1 7 6 1 NORTH US HIGHWAY 77.

PROPERTY ID 1 8 6 8 7 4 OWNERS FERRIS AVENUE BAPTIST CHURCH, DBAD AVENUE ZDC 54 2 0 2 6.

KAY.

THANK YOU VERY MUCH.

COMMISSIONERS AS PREVIOUSLY MENTIONED, THE REQUEST BEFORE TONIGHT CONCERNS CDC 54 20 26 FOR A ZONING CHANGE FROM A COMMERCIAL ZONING DISTRICT TO A PLANNED DEVELOPMENT MULTIFAMILY TWO ZONING DISTRICT IN EFFORT TO FACILITATE A 314 UNIT MULTIFAMILY DEVELOPMENT LOCATED AT 1761 NORTH US HIGHWAY 77.

UH, THIS AREA IS CURRENTLY UNDEVELOPED.

THE REQUEST BEFORE US TONIGHT CONCERNS CURRENT ZONING AND FUTURE LAND USE AS A PROPOSED MULTI-FAMILY DEVELOPMENT IS CURRENTLY NOT PERMISSIBLE UNDER THE COMMERCIAL ZONING DISTRICT.

THE APPLICANT IS PROPOSING TO REZONE THE SUBJECT PROPERTY TO ALLOW FOR THIS PROPOSAL IN THE FORM OF A PLANNED DEVELOPMENT TO MOSTLY COINCIDE WITH THE MF TWO ZONING STANDARDS, WHILE ALSO PROPOSING DEVIATIONS TO THOSE BASE MF TWO, UH, ZONING DISTRICT STANDARDS, THE FUTURE LAND USE PLAN, THE 2023 WAXAHATCHEE COMPREHENSIVE PLAN IDENTIFIES THIS AREA AS URBAN VILLAGE, WHICH DOES CALL FOR FUTURE MULTIFAMILY DEVELOPMENTS IN THIS AREA AND IS CONSISTENT WITH THE PROPOSAL HERE BEFORE YOU TONIGHT.

AS PREVIOUSLY MENTIONED, THE PROPOSED PD IS WITH A PURPOSE TO ALLOW FOR A 314 UNIT MULTIFAMILY DEVELOPMENT AS A PRIMARY USE FOR THIS LOCATION.

UPON SUBMITTAL, THE APPLICANT HAS PROVIDED DETAILED SITE PLAN FOR THIS PROJECT PROPOSAL, WHICH IS DESIGNED AROUND THREE FOUR STORY MULTIFAMILY BUILDINGS, UH, DE DEVIATING FROM THE THREE STORY MAXIMUM HEIGHT REQUIREMENT OF MF TWO WITH BUILDINGS ONE A AND TWO B FEATURING A U-SHAPE CONFIGURATION RANGING FROM AROUND 38,358 SQUARE FEET TO 308 7 30 30 8,707 SQUARE FEET IN TOTAL FLOOR AREA.

WHEREAS BUILDING THREE C IS GENERAL MID-RISE STRUCTURE.

THAT'S APPROXIMATELY 24,079 SQUARE FEET IN TOTAL FLOOR AREA.

THE GENERAL UNIT MAKEUP FOR THIS PROJECT RANGES FROM 196 1 BEDROOM UNITS AND 118 2 BEDROOM UNITS WITH A GROSS DENSITY OF 24.84 UNITS PER ACRE, WHICH IS A DEVIATION TO THE MAXIMUM OF 18 UNITS PER ACRE AS PART OF THE BASE MF TWO ZONING DISTRICT.

[00:05:01]

THIS PROPOSED DEVELOPMENT WILL ALSO CONTAIN A MIX OF FULLY ENCLOSED ATTACHED AND DETACHED GARAGES, CARPORTS AND SURFACE PARKING.

UM, I'LL TOUCH ON PARKING IN A LITTLE WHILE.

UH, THE SITE HAS BEEN GENERALLY DESIGNED TO MEET THE MINIMUM SETBACK REQUIREMENTS OF THE MF TWO SEWING DISTRICT.

HOWEVER, THE APPLICANT IS REQUESTING TO DEVIATE FROM THE BASE SEWING REQUIREMENT TO ALLOW FOR A 25, UH, FOOT REAR SETBACK INSTEAD OF A 75 REAR UH, SETBACK.

FOR THIS DEVELOPMENT, ALL THREE PROPOSED BUILDINGS WILL BE LOCATED ON ONE SINGLE PLATTED LOT.

UM, AND THE SITE PLAN, OR THE PROJECT IN GENERAL HAS PROPOSED TO BE DESIGNED SE, UM, OR DESIGNED SEVEN PHASES AS SHOWN IN EXHIBIT G LOCATED IN YOUR PACKET AS FAR AS ACCESS IS CONCERNED.

UM, THE OVERALL SITE PLAN IS DESIGNED TO ACCOUNT FOR FUTURE RIGHT OF WAY DEDICATION ADJACENT TO THE SOUTHERN AND EASTERN SIDE OF THE PROPERTY, WHICH WILL BE AN EXTENSION OF EXISTING YMCA DRIVE AND THE DEDICATION OF MARKETPLACE BOULEVARD WITH MARKETPLACE TO FACILITATE VEHICLE ACCESS OR BOTH TO FACILITATE VEHICLE ACCESS, THESE ACCESS POINTS WILL BE DEDICATED VIA A REPLAT FOR THE SUBJECT.

PROPERTY DEVELOPMENT OF THE SITE INCLUDES A GATED PRIMARY ENTRY POINT WITH CALL BOX SYSTEM FOR ACCESS CONTROLLED RESIDENT AND GUESS ACCESS EXIT GATES SHALL BE PROVIDED AS SHOWN IN THE SITE PLAN WITH INTERNAL CIRCULATION DESIGNED TO ACCOMMODATE FIRE APPARATUS ACCESS EMERGENCY EMERGENCY VEHICLES AND SERVICE VEHICLES THROUGHOUT THE SITE.

UH, LANDSCAPING HAS BEEN SPACED THROUGHOUT, UH, THE PROPOSED DEVELOPMENT AND HAS IN COURT ACCORDANCE WITH THE WAXAHATCHEE ZONING ORDINANCE AND LANDSCAPE REQUIREMENTS THE APPLICANT IS PROPOSING.

AND ADDITIONALLY, A 10 FOOT WIDE WALKING TRAIL CONNECTION TO A FUTURE YMCA, UH, UH, TRAIL TO ENCOURAGE WALKABILITY.

UM, LASTLY, THE APPLICANT IS PROPOSING TO INSTALL UM, FEW FIVE, UH, FOOT WIDE CONCRETE PEDESTRIAN SIDEWALKS THROUGHOUT THE PROPERTY ALONG ALL THREE MAIN STRUCTURES TO ENCOURAGE WALKABILITY FROM ALL AREAS OF THE SUBJECT PROPERTY.

SIDE PLAN INCLUDES A TOTAL OF 472 PARKING SPACES, WHICH EXCEEDS A TOTAL, UM, REQUIRED AMOUNT OF 471 TOTAL PARKING SPACES.

UH, PER UH, ACHI ZONING ORDINANCE, A MINIMUM OF 50% OF THE REQUIRED PARKING IS TO BE ATTACHED AND FULLY ENCLOSED OUT OF THE 4 72 TOTAL PARKING SPACES THAT ARE BEING PROVIDED, 72 WILL BE DETACHED, 23 ATTACHED GARAGES AND 72 CARPORT SPACES AND 305 SURFACE SPACES MAKING UP THE DIFFERENCE, UH, WHICH MAKES THE OVERALL PERCENTAGE OF TOTAL COVER PARKING 35%.

UH, FOR THE PROPERTY, THIS IS OF COURSE A DEVIATION FOR THE BASE ZONING OF MF TWO AND AS PART OF THE APPLICANT'S OVERALL PD REQUEST, UH, PARKING IS DISTRIBUTED ACROSS THE SITE AS SHOWN ON EXHIBIT C.

AND I'D LIKE TO POINT OUT, UH, THAT THE APPLICANT ACKNOWLEDGES THAT THERE'S A DEVIATION FROM THE BASE ZONING AND HAS STATED THAT THE VARIANCE REQUEST IS TO PRESERVE THE OVERALL AESTHETIC OF THE BUILDING AND OVERALL PROJECT AND TO BE AND TO OFFER AS MANY GROUND FLOOR UNITS AND PET YARDS AS POSSIBLE, WHICH IS AN AMENITY WHICH WE'LL GET TO.

UH, SHORTLY ONTO THE ELEVATION FACADE PLAN.

UH, THE PRIMARY EXTERIOR CONSTRUCTION MATERIALS FEATURE A COMBINATION OF BRICK STONE STUCCO AND FIBER CEMENT SIDING.

ALL THREE PROPOSED BUILDINGS WILL FEATURE THE SAME OVERALL DESIGN, INCLUDING COLOR SCHEME THAT YOU SEE BEFORE YOU.

UH, THE PRO STRUCTURES WILL FEATURE A FLAT ROOF DESIGN WITH A TPO MEMBRANE, WHICH PROVIDES A STACK THAT IS MORE CONSISTENT WITH THE MODERN RESIDENTIAL DESIGN, WHICH IS NOT UNCOMMON AMONGST MANY NEW MULTIFAMILY DEVELOPMENTS THAT YOU'LL SEE.

THIS BUILDING ROOF ITSELF WILL BE SCREENED BY THE PARAPET WALLS SHOWN IN THE EXHIBIT EXHIBIT.

THERE ALL PROPOSED STRUCTURES MEET THE MINIMUM ARTICULATION DESIGN ELEMENT REQUIREMENTS OF THE WALK STATUTE ZONING ORDINANCE.

UM, YOU CAN REFERENCE THIS IN YOUR PACKET WITH B AS FAR AS SIGN IS CONCERNED, THERE IS NO DEDICATED SIGN SIGNAGE PLAN AS PART OF THIS PD.

UH, THE APPLICANT HAS MADE IT KNOWN THAT THE ALL FUTURE SIGNS WILL ADHERE TO THE SIGN REQUIREMENTS SET FORTH IN OUR ZONING ORDINANCE.

UM, I JUST WANNA MAKE A NOTE OF THAT.

UM, EXTERIOR LIGHTING WILL BE PRESENT HERE.

UM, THE APPLICANT HAS PROVIDED A PHOTOMETRIC PLAN WITH THIS PD APPLICATION, UM, IN ORDER TO DEMONSTRATE COMPLIANCE WITH THEIR LIGHTING AND GLARE STANDARDS.

UM, STAFF IS CONFIRMED THAT ALL WALL-MOUNTED PULL MOUNTED WHITE SOS ARE DESIGNED TO BE DIRECTED DOWNWARDS TOWARDS THE SITE AND WILL BE EQUIPPED WITH SHIELDS TO FURTHER MITIGATE LIGHT TRESPASS ON ADJACENT PROPERTIES.

UH, YOU CAN REFERENCE THE PHOTO BATCH PLAN IN YOUR PACKET AS WELL.

NOW, AS FAR AS AMENITIES IS CONCERNED, UH, THE APPLICANT PROPOSES TO INCORPORATE RESIDENT AMENITIES AND OPEN SPACE THROUGHOUT THE PROPOSED DEVELOPMENT AS REQUIRED BY SECTION 5.5.

UH, THE W WAXAHATCHEE ZONING ORDINANCE.

UM, THE SPECIFIC AMENITIES INCLUDE THE FOLLOWING, UH, CLUBHOUSE, A FITNESS CENTER RECOVERY SPA WITH A SAUNA AND COLD PLUNGE COMMUNITY ROOM, A DEMO KITCHEN,

[00:10:01]

RESIDENTIAL COWORKING SPACE, RESORT STYLE SWIMMING POOL WITH CABANA.

THE WALKING TRAIL CONNECTION, AS WE PREVIOUSLY MENTIONED, A PICKLEBALL COURT PUTTING GREEN, UH, BEER GARDEN, ALF, BRASCO DINING AREA, UH, PAVILION, UH, CORN LAWN GAMES AREA, UM, AND DOG CAR, UH, DOG PARK WITH SEPARATE SMALL AND LARGE DOG SECTIONS.

AND THEN THERE'LL BE 44 PRIVATE PET YARDS AND THEN BARBECUE GRILLS AND OUTDOOR COOKING STATIONS, UM, AND ONTO SOME ADDITIONAL VARIANCE REQUESTS THAT, UM, THAT WEREN'T MENTIONED PRIOR.

UM, AS YOU CAN SEE ON THE, I THINK IT'S PAGE FOUR OF YOUR PACKET, UM, TABLE SUGGESTS, UH, THAT THE APPLICANT'S PROPOSING A MINIMUM OF, UH, 590 SQUARE FEET, UH, DWELLING SPACE.

UM, AS I HAD, I THINK THIS IS A CARRYOVER OF PRIOR SUBMITTALS, BUT IT IS TO MY RECENT KNOWLEDGE THAT THEY ARE PLANNING TO ABIDE BY THE MINIMUM SQUARE FOOTAGE AT THE MF TWO ZONING DISTRICT OR MINIMUM DWELLING SIZE, BUT THEY'RE NOT GONNA PROPOSE THREE BEDROOM UNITS.

IT'S JUST GONNA BE ONE BEDROOM, TWO BEDROOM.

UM, JUST WANNA MAKE THAT CLARIFICATION THERE.

UH, ANOTHER ONE.

UM, A PART OF THE MULTIFAMILY REQUIREMENTS, UH, DEVELOPMENT CENTERS, THE CITY WAXAHATCHEE ZONING ORDINANCE.

ALL UNITS MUST BE LOCATED WITHIN 250 FEET OF A REFUSE FACILITY, TRASH, A GARBAGE PICKUP.

UH, THE APPLICANT IS PROPOSING TO OFFER A VALET TRASH SERVICE INSTEAD AS IT WILL PROVIDE A TRASH COLLECTION SERVICE FOR EACH UNIT.

UM, COLLECTION WILL OCCUR MULTIPLE DAYS PER WEEK ON A CONSISTENT SCHEDULE, AND TRASH WILL BE CONSOLIDATED IN A SINGLE TRASH COMPACTOR ON SITE.

UH, THIS COMPACTOR WILL BE SCREENED ON THREE SIDES IN ACCORDANCE WITH THE ZONING ORDINANCE, UM, TO COMPLY WITH STATE LAW, 31 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET INSIDE YOUR PROPERTY, WE HAVE RECEIVED ZERO LETTERS OF OPPOSITION, ZERO LETTERS OF SUPPORT FOR THIS ITEM.

UM, ADDITIONALLY, WE DETAILED SOME CONDITIONS OF APPROVAL FOR THE ZONING EXCHANGE REQUEST, AND WE RECOMMEND A MOTION OF APPROVAL FOR THIS ITEM AND I BELIEVE THE APPLICANT IS HERE.

UH, IF YOU HAVE ANY QUESTIONS.

THANK YOU SO MUCH, CALEB.

THAT WAS, UM, QUITE A BIT OF INFORMATION AND THE PRESENTATION WAS SOLID, AS USUAL.

UM, DOES ANYONE HAVE QUESTIONS FOR STAFF? J JUST ONE QUESTION, CALEB, DOES ANYBODY REMEMBER WHEN THAT ORDINANCE WAS DRAFTED? LIKE ON THE THREE STORY VERSUS FOUR STORY? WAS THERE A REASON OR WAS IT JUST SOME ARBITRARY NUMBER? JUST AN ARBITRARY NUMBER? TEN FOUR.

UM, I HAVE A QUESTION, CALEB.

UM, ARE WE USING THE WORDS VARIANCE AND DEVIATION INTERCHANGEABLY? YES, MA'AM.

AND THAT, THAT MIGHT BE IT FOR ME.

ANY MORE QUESTIONS? OKAY.

ALRIGHT, IS THE APPLICANT HERE? THANK YOU.

THANK YOU, SIR.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

HI, PATRICK MCGEE WITH HYDE PARK CAPITAL.

I'M AT, UM, 45.

YOU CAN GIVE US YOUR BUSINESS ADDRESS.

THAT'S FINE.

SORRY, YOU CAN GIVE US THE BUSINESS ADDRESS.

THAT'S FINE.

YEAH, 45 12 TRAVIS STREET IN, UH, DALLAS.

OKAY, WELL, FIRST OF ALL, I I REALLY APPRECIATE THE CONSIDERATION.

I DON'T WANNA TAKE TOO MUCH MORE TIME.

UH, REALLY JUST WANTED TO TELL YOU A LITTLE BIT MORE ABOUT WHO WE ARE AND, AND WHAT WE HAVE PLANNED HERE FOR THIS PROJECT.

UM, I'M NOT SURE WHO'S DRIVING, BUT IF WE COULD GO TO THE, TO THE NEXT SLIDE PLEASE.

SO, LIKE I SAID, I'M, I'M WITH HIGH PARK CAPITAL.

WE'RE A, UH, DALLAS BASED PRIVATE REAL ESTATE INVESTMENT COMPANY.

UM, BETWEEN OUR PRINCIPLES, WE HAVE OVER 75 YEARS OF EXPERIENCE IN REAL ESTATE INVESTMENT.

UM, REALLY COME TO SPECIALIZE IN HIGH-END APARTMENT COMMUNITY DEVELOPMENT.

UM, SO, UH, WE REALLY TAKE PRIDE IN WHAT WE BUILD.

WE LIKE TO BUILD SPACES THAT OUR RESIDENTS ALSO TAKE PRIDE IN LIVING IN, AND THAT'S WHAT WE HAVE PLANNED TO, UH, BRING TO THIS PROJECT.

UM, WANT THAT MAINTENANCE FREE LIFESTYLE, DON'T WANNA MOW THE LAWN, TAKE CARE OF THE HOUSE.

UH, SO MORE IMPORTANTLY, I WANNA TELL YOU, UH, WHO THIS PROJECT IS FOR LOOKING ACROSS OUR PORTFOLIO.

UH, MOST OF OUR RESIDENTS FALL INTO A HANDFUL OF GROUPS.

UH, A LOT OF THOSE ARE GONNA BE HEALTHCARE PROFESSIONALS, SO DOCTORS, NURSES, TECHNICIANS THAT ARE WORKING AT AREA HOSPITALS AND MEDICAL CLINICS.

UM, WE ALSO HAVE A VARIETY OF WORKING PROFESSIONALS, A LOT OF WHOM ARE WORKING AT BUSINESSES LOCAL TO, UH, THE COMMUNITIES WHERE OUR APARTMENTS ARE BUILT.

UM, BUT WE ALSO HAVE QUITE A FEW WHO, UM, ARE EITHER COMMUTING TO DIFFERENT PLACES IN THE METROPLEX OR, UM, ARE ARE REMOTE OR HYBRID WORKERS.

SO WE'LL TALK A LITTLE BIT ABOUT IT LATER, BUT WE, WE TRY TO DO THINGS TO, UM, MAKE THEIR LIVES EASIER AND CREATE SPACES WHERE THEY CAN WORK WITHIN OUR COMMUNITIES.

UM, EXCUSE ME, WE ALSO HAVE QUITE A FEW DOWNSIZERS, EMPTY NESTERS.

YOU KNOW, FOLKS WHO ARE REACHING RETIREMENT AGE, MAYBE NO LONGER HAVE KIDS AT HOME,

[00:15:01]

UM, AND, AND SO THIS IS AN OPTION FOR THEM.

AND THEN WE ALSO HAVE QUITE A FEW EDUCATION PROFESSIONALS, SO LOCAL ISD TEACHERS AND WORKERS, AS WELL AS, UH, UNIVERSITY CAMPUS PROFESSIONALS.

UH, SO THAT EQUATES TO ON AVERAGE FOR US, AN AVERAGE AGE ABOUT 37 AND A HOUSEHOLD INCOME AROUND 123,000.

UH, SO THE LOCATION IS SOMETHING WE'RE REALLY EXCITED ABOUT.

OBVIOUSLY A VERY CENTRAL LOCATION WITHIN WAXAHATCHEE.

UM, YOU KNOW, VERY GOOD ACCESS TO ALL THIS RETAIL, NEW BUSINESSES ALONG HIGHWAY 77 AND THE, UH, LARGER EMPLOYERS IN TOWN, INCLUDING THE HOSPITAL.

UH, WE'RE ALSO VERY EXCITED TO BE BRINGING THE MARKETPLACE BOULEVARD EXTENSION, THE YMCA DRIVE EXTENSION AS PART OF THIS PROJECT, WHICH WE HOPE WILL KIND OF CATALYZE SOME ADDITIONAL DEVELOPMENT TO COME INTO THE VACANT LAND AROUND THIS SITE ALONGSIDE US.

UH, CALEB DID A GREAT JOB GOING THROUGH OUR SITE PLAN.

I DON'T WANNA SPEND TOO MUCH TIME ON THIS, JUST A LITTLE BIT ABOUT KIND OF HOW WE TRIED TO LAY THIS OUT.

UM, SO WE, WE REALLY TRIED TO TAKE CARE TO PUT AMENITIES, UM, IN THOUGHTFUL PLACES, HAVE THEM RELATE TO THE BUILDINGS, MAKING SURE EACH BUILDING HAS GOOD ACCESS TO AMENITIES.

UM, THERE IN THE FIRST KIND OF U-SHAPED COURTYARD YOU CAN SEE WE HAVE, UH, THE CLUBHOUSE IS PART OF THAT BUILDING.

A LOT OF OUR INTERIOR AMENITIES WILL BE THERE.

UH, WE ALSO HAVE OUR POOL AND SOME ADDITIONAL OUTDOOR SPACES.

UM, THE BUILDING ACROSS FROM THAT, THE OTHER U-SHAPED BUILDING, WE HAVE AN ADDITIONAL AMENITY COURTYARD WITH A PUTTING GREEN AND SOME ADDITIONAL OUTDOOR RECREATION.

UM, WE WANTED TO PUT THE PICKLEBALL COURT IN THAT TOP LEFT CORNER.

YOU CAN SEE THERE, UM, COUPLE OF REASONS, ONE BEING CLOSER TO OUR THIRD BUILDING THERE.

UM, ALSO KIND OF KEEPING IT OUT OF THE COURTYARD SO YOU DON'T GET THAT ECHO IN THE NOISE FROM THE PICKLEBALL COURT.

UH, AND THEY WILL ALSO HAVE VERY EASY ACCESS TO OUR TRAIL SYSTEM, WHICH WILL BE, UH, TYING INTO THE REGIONAL TRAIL NETWORK THERE ON THE TOP END OF THE SITE.

UH, I THINK WE'VE HIT A LOT OF THESE, BUT JUST A, A KIND OF A SHORT HIGHLIGHT REEL OF THE AMENITIES THAT'LL BE PART OF THIS PROJECT.

UM, COUPLE TO TOUCH ON OUR FITNESS CENTER.

WE'VE ALSO STARTED DOING, UM, UH, RECOVERY SPA THAT INCLUDE AN INFRARED SAUNA AND A COLD PLUNGE FOR OUR RESIDENTS.

UH, THE DEDICATED WORK FROM HOME AND OFFICE SPACE, LIKE WE MENTIONED, THOSE ARE FOR OUR HYBRID AND REMOTE WORKERS.

UM, AND THEN JUST A GOOD MIX OF DIFFERENT, UM, OUTDOOR INDOOR AMENITIES TO, UM, CREATE A REALLY POSITIVE LIFESTYLE.

UM, VERY PET FRIENDLY, PET ORIENTED.

A LOT OF RENTERS HERE IN DFW OVER HALF TYPICALLY HAVE A PET.

UH, SO WE LIKE TO BE ABLE TO ACCOMMODATE THOSE, UH, IN A WAY THAT IS RESPECTFUL OF OTHER RESIDENTS AND NEIGHBORS.

UH, WE DO THAT WITH, UH, PETWAY STATIONS THROUGHOUT.

WE HAVE A DOG PARK.

ONE OF OUR BIGGER ONES WILL BE ON THIS PROJECT.

WE WERE ABLE TO ACTUALLY DIVIDE THAT INTO TWO, UH, SEPARATE DOG PARKS.

ONE FOR LARGER DOGS, ONE FOR SMALLER, UM, AND THEN WE'LL ALSO HAVE LIKE A, A DOG WASHING STATION AND PET SPA AS WELL.

ON KIND OF THE, THE QUALITY OF FINISH OUT.

UH, SO WE, WE CARRY THAT SAME THOUGHT PROCESS OVER INTO OUR UNITS.

OBVIOUSLY THIS IS WHERE OUR, OUR RESIDENTS ARE GONNA SPEND THE VAST MAJORITY OF THEIR TIME.

I WON'T HIT ON ALL OF THESE AGAIN, BUT HERE'S A, A QUICK RUNDOWN OF WHAT GOES INTO ALL OF OUR UNITS.

YOU KNOW, HIGHER END COUNTERTOPS, THAT'LL BE A STONE, GRANITE OR QUARTZ.

UH, WE DO KITCHEN ISLANDS IN EVERY SINGLE UNIT.

UH, WE REALLY LIKE DOING THESE PRE-RUN STYLE FAUCETS, WALK-IN CLOSETS, FULL SIZE WASHERS AND DRYERS.

UM, WE TRY TO DO PRIVATE PET YARDS IN ON AS MANY AS THE GROUND FLOOR UNITS AS WE POSSIBLY CAN.

THOSE ARE EXTREMELY POPULAR.

UH, THAT'S REALLY THE, THE DRIVER FOR WHY WE'RE NOT DOING AS MANY OF THE TUCK UNDER GARAGES AS MIGHT BE NORMALLY REQUIRED.

THERE ARE MOST POPULAR UNIT, THEY REALLY SEEM TO RESIDENT RESONATE WITH RESIDENTS AND, AND WE WANTED TO PACK AS MANY OF THOSE IN HERE AS WE CAN.

UH, NEXT SLIDE PLEASE.

SO WE HAVE A COUPLE 3D RENDERINGS OF WHAT THIS PROJECT WILL LOOK LIKE.

UM, THIS IS THE FRONT, UH, LOOKING FROM THE MARKETPLACE BOULEVARD EXTENSION THAT WE'LL BE BUILDING.

THE CLUBHOUSE WILL BE THERE ON THE, THE FIRST TWO FLOORS OF THAT KIND OF CORNER SECTION WITH UNITS ABOVE AND ON THE SIDES.

NEXT SLIDE PLEASE.

THIS IS OUR POOL COURTYARD, UH, WHERE YOU CAN SEE WE'VE ALSO GOT, UH, THE LITTLE BEER GARDEN AND OUTDOOR DINING AREA IN THE FOREGROUND, FIRE PIT AND A COVERED AREA WITH SOME GRILLING STATIONS.

NEXT SLIDE.

THIS IS OUR OTHER, UH, AMENITY COURTYARD IN THE NEXT BUILDING OVER WITH PUTTING GREEN, ANOTHER COVERED GRILLING AREA AND SOME LAWN GAMES.

NEXT SLIDE.

AND THE REST OF THESE WILL BE PICTURES OF PROJECTS THAT WE'VE COMPLETED RECENTLY.

THIS IS ONE OF OUR UNITS UP IN SALINA.

JUST TO GIVE YOU AN IDEA

[00:20:01]

SO, YOU KNOW, UPGRADED HARDWARE, UH, THIS WOULD BE THE CLUBHOUSE IN THAT SAME PROJECT.

AND, UH, LEASING OFFICE, THIS IS A RESIDENT LOUNGE WITH SOME TELEVISION SEATING AREAS, TABLE GAMES, UH, DEMO KITCHEN.

AND THIS IS A SPACE THAT RESIDENTS CAN RENT OUT IF THEY WANT TO HOST, UH, EVENTS.

THIS IS ONE OF OUR POOL AREAS AND FIRE PIT.

UH, THIS IS ONE OF OUR LARGER, UH, FITNESS CENTERS.

SO WE'VE GOT, UH, FREE WEIGHTS AND EQUIPMENT DOWN BELOW WITH CARDIO UP TOP.

AND HERE'S A RECOVERY SPA.

THIS IS OUR INFRARED SAUNA.

AND I THINK THE NEXT SLIDE HAS OUR COLD PLUNGE.

THESE ARE SOME OF OUR PRIVATE, UH, WORK FROM HOME OFFICES.

THESE ARE THE PET YARDS I MENTIONED.

AND THIS WOULD BE, UH, ONE OF OUR DOG WASH AREAS.

UH, I THINK THAT'S IT FOR ME.

UM, I REALLY APPRECIATE THE CONSIDERATION ON THIS ITEM AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE.

THANK YOU SO MUCH.

UM, DO YOU HAVE ANY QUESTIONS FROM STAFF? I MEAN, FROM THE COMMISSION? I'M SORRY.

NO, I HAVE A QUESTION FOR YOU, SIR.

SURE.

SO IN, UM, STAFF'S PRESENTATION, THERE WAS A REFERENCE TO VALET TRASH SERVICE, WHICH I GUESS THAT OFFERING IS IN RESPONSE TO NOT MEETING THE REQUIREMENT FOR UNITS TO BE, WHAT IS IT, 250 YARDS FROM CENTRALIZED TRASH LOCATIONS, RIGHT? CORRECT.

SO IS CAN YOU EXPLAIN THAT TO ME? HOW, HOW WOULD THAT WORK? ABSOLUTELY.

SO THERE'S A SERVICE THAT'S PROVIDED AT THE PROPERTY WHERE RESIDENTS ACTUALLY SET THEIR WASTE, THEIR, THEIR GARBAGE RIGHT OUTSIDE THEIR DOOR IN A CONTAINER THAT COMES OUT.

I THINK WE DO IT TWO TO THREE TIMES A WEEK.

IT VARIES BY THE, BY THE SERVICE THAT RUNS THE, THE ACTUAL, UM, COLLECTION.

THEY COME THROUGH ON A REGULAR SCHEDULE, PICK ALL THAT UP, AND THEY DELIVER IT TO THE, UM, UH, THE COMPACTOR THAT WE HAVE ON SITE.

SO ESSENTIALLY THE, THE AREA WHERE THEY DEPOSIT THEIR GARBAGE IS RIGHT OUTSIDE THEIR DOOR AND THEN IT'S TAKEN, IT'S, IT'S NEVER SITTING OUT THERE FOR LONG PERIODS OF TIME AND IT'S, IT'S ALL HANDLED FOR THEM.

ANY OTHER QUESTIONS? THANK YOU SO MUCH.

WE HAVE ZERO PEOPLE SIGN UP TO SPEAK ON THIS ITEM.

THE PUBLIC HEARING IS NOW CLOSED.

THE CHAIR WILL ENTERTAIN

[6. Consider approval of ZDC-54-2026]

A MOTION.

I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 54 DASH 2026, A ZONING CHANGE REQUEST FROM A COMMERCIAL ZONING DISTRICT TO A PLAN DEVELOPMENT MULTIFAMILY TWO, SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.

SEVEN, PUBLIC HEARING ON A REQUEST BY SUSAN DIXON.

NEXT IS ITEM NUMBER

[7. Public Hearing on a request by Susan Dixon for a Specific Use Permit (SUP) for an Accessory Structure greater than or equal to seven hundred (700) square feet, use within a Future Development (FD) zoning district located at 109 Crystal Cove, (Property ID 218977) – Owner: Howard & Susan Dixon (ZDC-77-2026)]

FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE GREATER THAN OR EQUAL TO 700 SQUARE FEET, USE WITHIN A FUTURE DEVELOPMENT ZONING DISTRICT LOCATED AT 1 0 9.

CRYSTAL COVE PROPERTY ID 2 1 8 9 7 7.

OWNERS, HOWARD AND SUSAN DIXON, ZDC 7 7 2 0 2 6.

CALEB, HELLO AGAIN.

UM, TONIGHT, UH, AS PREVIOUSLY MENTIONED, UH, PRESENTING EC 77 20 26 FOR A SPECIFIC USE PERMIT, UM, FOR AN ACCESSION STRUCTURE EXCEEDING 700 SQUARE FEET.

UM, SUBJECT PROPERTY IS LOCATED AS 1 0 9 CRYSTAL COVE AND IS CURRENTLY ZONED AS FUTURE DEVELOPMENT AND SITS ON APPROXIMATELY 1.3140 ACRES.

THE APPLICANT PROPOSES A 617 SQUARE FOOT ADDITION TO AN ALREADY EXISTING 644 SQUARE FOOT ACCESSORY STRUCTURE, WHICH AS SHOULD NOTE, RECEIVED A BUILDING PERMIT ON AUGUST 30TH, 2021.

UM, A PROPOSED ADDITION WILL BE ATTACHED, UH, BY THE SAME ROOF LINE AND BY MEANS OF A SCREEN BREEZEWAY, WHICH MAKES THE SQUARE FOOTAGE ADDITIVE CAUSING THE ACCESSORY STRUCTURE TO EXCEED 700 SQUARE FEET.

UM, AND THIS IS WHY YOU SEE THIS SUP BEFORE YOU TONIGHT.

UM, ACCORDING TO THE APPLICANT, THE USE FOR THIS ITEM IS FOR HOME OFFICE

[00:25:01]

HOBBY SPACE, GENERAL HOUSEHOLD STORAGE, A POOL, RESTROOM, AND CHANGING ROOM.

UM, THE PRIMARY STRUCTURE IS AROUND, UH, 4,262 SQUARE FEET AND THE PROPOSED ACCESSORY STRUCTURE IS ONLY ONE STORY AND HAS AN AREA ABOUT 1,261 SQUARE FEET.

UM, ADDITIONALLY, THE APPLICANT NOTED THAT THE ACCESSORY STRUCTURE WILL UTILIZE PLUMBING AND ELECTRICAL SERVICES, WHICH WILL NOT BE SEPARATELY METERED, UM, FROM THE PRIMARY STRUCTURE.

UM, THIS ACCESSARY STRUCTURE WILL NOT BE USED AS A LIVING QUARTERS LEASE SOLD SEPARATELY OR USED AS A SHORT TERM RENTAL.

UM, WE HAVE RECEIVED ZERO LETTERS OF OPPOSITION AND ZERO LOVE SUPPORT FOR THIS REQUEST.

UM, AND I BELIEVE THE APPLICANT IS HERE AND I'M HERE IF YOU HAVE ANY QUESTIONS.

THANK YOU CALEB, ANY QUESTIONS FOR STAFF? SO THIS DOES NOT HAVE A KITCHEN OR, UM, DOES IT HAVE A FULL BATHROOM? UM, I BELIEVE THEY HAVE A BATHROOM AND A KITCHEN KITCHENETTE.

OH, THERE IS A KITCHEN AND IT, OKAY.

ANY MORE QUESTIONS FOR STAFF? THANK YOU CALEB.

SURE.

IS THE APPLICANT HERE, COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? GOOD.

UM, SUSAN DIXON, 1 0 9, CRYSTAL COVE, WAXAHATCHEE, TEXAS 7 5 1 6 5.

WONDERFUL.

MA'AM, DO YOU HAVE ANYTHING YOU WANNA SHARE WITH US ABOUT YOUR APPLICATION THIS EVENING? OH, THE APPLICATION, UH, WE'RE USING IT IS AN INTENDED FOR PERSONAL RESIDENTIAL USE BY US.

WE ALREADY, IT'S A HOME OFFICE.

WE KIND OF NEED AN EXTENSION OF THAT.

UM, IT'S AN EXERCISE AND FITNESS ROOM AND IT WAS ALREADY A RESTROOM IN THE STRUCTURE WHEN WE HAD OUR HOME BUILT.

WE'RE ADDING A KITCHENETTE BECAUSE WE USE IT KINDA LIKE A POOL HOUSE.

WE HAVE FAMILY THAT COMES OVER TO VISIT AND WE HAVE GRANDKIDS KIND OF GOING IN AND OUT.

AND SO, AND THE ADDITIONAL THAT'S GONNA BE BUILT, MY HUSBAND IS TAKING SOME HOBBY CLASSES AND I'M A CRAFTER AS WELL.

SO HE'S TAKING SOME WOODWORKING CLASSES.

SO THE ACCESSORY STRUCTURE THAT WE'RE ACTUALLY BUILDING, THAT WOULD BE AN EXTENSION OF WHAT WE ALREADY HAVE.

SO YOU DON'T HAVE ANY PLANS TO TURN IT INTO A SHORT-TERM RENTAL OR ANYTHING LIKE THAT? OH, DEFINITELY NOT.

NO .

THAT'S REALLY WHY I WAS ASKING ABOUT THE KITCHEN.

NO.

SO, OKAY.

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU SO MUCH MA'AM.

THANK YOU GUYS.

WE HAVE ZERO PEOPLE SIGN UP TO SPEAK ON THIS AGENDA ITEM.

THE PUBLIC HEARING IS NOW CLOSED.

THE CHAIR WILL ENTERTAIN

[8. Consider approval of ZDC-77-2026]

A MOTION.

I MOVE TO RECOMMEND APPROVAL OF ZDC 7 7 2 0 2 6.

A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE EXCEEDING 700 SQUARE FEET USE WITHIN OUR FUTURE DEVELOPMENT ZONING DISTRICT.

SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY.

ALL OPPOSED, SAME SIGNED.

NEXT IS ITEM NUMBER NINE.

[9. Public Hearing on a request by Hilda Bailey, for a Specific Use Permit (SUP) for an Accessory Structure Greater than or Equal to 700 S.F. use within a Planned Development Single-Family-1 zoning district located at 2790 Eastham Way (Property ID 190456) - Owners: Hilda Bailey and Ronald Bailey (ZDC-81 2026)]

A PUBLIC HEARING ON A REQUEST BY HILDA BAILEY FOR A SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE GREATER THAN OR EQUAL TO 700 SQUARE FEET USE WITHIN A PLANNED DEVELOPMENT SINGLE FAMILY ONE ZONING DISTRICT LOCATED AT 27 90 EASTON WAY PROPERTY ID 1 904 56 OWNERS, HILDA AND RONALD BAILEY ZDC DASH 81 DASH 2 26? YES SIR.

ALRIGHT, GOOD EVENING, COMMISSIONERS.

I PRESENT TO YOU ZDC 81 20 26.

UM, A PUBLIC HEARING REQUEST FOR SPECIFIC USE PERMIT FOR AN ACCESSORY STRUCTURE USE, UM, WITHIN A PLANNED DEVELOPMENT SINGLE FAMILY ONE ZONING DISTRICT.

UM, THE ACCESSORY STRUCTURE IS OVER 700 SQUARE FEET, WHICH IS WHY WE HAVE TO, UM, DO THE SUP REQUEST.

THE PROPERTY IS LOCATED AT 27 90 EASTON WAY AND SITS ON 2.1760 ACRES.

UM, THE PROPOSED STRUCTURE LOCATION WILL BE IN THE REAR YARD OF THE CURRENT HOME WITHIN THE SETBACKS, UM, AS WELL AS THERE IS SOME OVERHEAD ELECTRIC IN THE BACKYARD.

SO WE MADE IT A CONDITION THAT IT HAS TO BE 10 FEET AWAY FROM THE OVERHEAD ELECTRIC.

UM, THE STRUCTURE WILL BE A MAXIMUM HEIGHT OF AROUND, UM, 14 FEET AND IT WILL BE USED FOR GENERAL HOUSEHOLD STORAGE.

UM, STAFF HAS RECEIVED, UH, ZERO LETTERS OF SUPPORT, UH, OPPOSITION FOR THE TRUCK.

I'M SORRY FOR THE STRUCTURE AND BASED ON THE DETAILS WE PROVIDED IN THE STAFF REPORT AND THE PRESENT STATUS OF DOCUMENTS SUBJECT TO THE REQUEST, STAFF RECOMMENDS APPROVAL OF THE SUP REQUEST, SUBJECT TO THE CONDITIONS IN THE REPORT.

THANK YOU DAVID.

AND, UM, I'M AVAILABLE FOR QUESTIONS AND THE APPLICANT'S SON SHOULD BE HERE REPRESENTING HER.

ALRIGHT, THANK YOU SO MUCH, DAVID.

ANY QUESTIONS FOR STAFF? ALL RIGHT, APPLICANT, COULD YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD PLEASE? UM, GARRETT BAILEY.

UH, ADDRESS IS 1 44 SWAN LAKE DRIVE, WAXAHATCHEE 7 5 1 6 5.

[00:30:02]

NICE TO MEET YOU SIR.

UH, WHAT CAN YOU TELL US ABOUT THE APPLICATION? UH, SO MY PARENTS ARE MOVING FROM SOUTH CAROLINA.

THEY WANT TO BUILD THIS SHED SO THEY CAN HAVE TO PUT THEIR STUFF FROM SOUTH CAROLINA 'CAUSE THEY'RE DOWNSIZING.

IT'S NOT, IT'S NOT PLUMBED OR WIRED? NO, NO MA'AM.

ANY QUESTIONS FOR THE APPLICANT? MM, THANK YOU SO MUCH.

THE CHAIR WILL ENTERTAIN A MOTION.

WE HAD ZERO PEOPLE SIGN UP TO SPEAK FOR OR AGAINST THIS ITEM.

THE PUBLIC HEARING IS NOW CLOSED.

[10. Consider approval of ZDC-81-2026]

I MOVE TO RECOMMEND APPROVAL OF ZDC 81 20 26 AND SUP FOR AN ACCESSORY STRUCTURE GREATER THAN OR EQUAL TO 700 SQUARE FEET.

SUBJECT TO THE CONDITIONS.

STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

ALL OPPOSED, SAME

[11. Public Hearing on a request by Matt Lucas, PE for a Specific Use Permit (SUP) for a Pole Sign use within a Planned Development-Mixed Use Non-residential (PD-MUNR) zoning district located directly adjacent to the intersection of Gridiron Drive and Blue Star Drive (Property ID 303980) – Owner: Mark Hickman (ZDC-79-2026)]

SIGN.

UM, STAFF HAS DETAILED THE CONDITIONS OF APPROVAL, UM, AND WE ARE RECOMMENDING, UH, APPROVAL FOR THIS ITEM.

NEXT IS ITEM NUMBER 11, A PUBLIC HEARING ON A REQUEST BY MATT LUCAS PE FOR A SPECIFIC USE PERMIT FOR A POLL SIGN, USE WITHIN A PLAN DEVELOPMENT MIXED USE NON-RESIDENTIAL ZONING DISTRICT LOCATED DIRECTLY ADJACENT TO THE INTERSECTION OF GRIDIRON DRIVE AND BLUE STAR DRIVE.

PROPERTY ID 3 0 3 9 8 0.

OWNER, MARK HICKMAN, ZDC DASH 79 DASH 2026.

CALEB, GOOD EVENING.

AGAIN.

UM, IT'S PREVIOUSLY MENTIONED PRESENTING ZDC 79.

UH, 2026.

THIS IS FOR A SPECIFIC USE PERMIT FOR A 24 FOOT, UH, TALL POLE SIGN AS PART OF THE PROPOSED TEXAS ROADHOUSE DEVELOPMENT.

UM, ALONG WITH THREE MINOR, UH, SITE DEVIATIONS TO THE ESTABLISHED ZONING.

UM, SUBJECT PROPERTY IS LOCATED ADJACENT TO THE INTERSECTION OF GRIDIRON DRIVE AND BLUE STAR DRIVE AND IS CURRENTLY ZONED AS A PLAN DEVELOPMENT MIXED USE NON-RESIDENTIAL AND SITS ON APPROXIMATELY 2.5646 ACRES.

AND THIS SITE IS CURRENTLY UNDEVELOPED.

UM, FOR ADDITIONAL CONTEXT, UH, THE APPLICANT PROPOSES TO DEVELOP A ONE STORY RESTAURANT, USE THE TEXAS ROADHOUSE THAT IS ALLOWED BY RIGHT UNDER THE CURRENT ZONING OF THE, UM, P-D-M-U-N-R.

UH, THE BUILDING AREA IS APPROXIMATELY 7,926 SQUARE FEET WITH A PROPOSED HEIGHT OF APPROXIMATELY 25 FEET, 10 INCHES.

UM, THE OPERATIONAL PLAN THAT WAS PROVIDED ANTICIPATES AT THE RESTAURANT WILL FEATURE A TOTAL OF 290 INDOOR DINING SEATS, 32 PATIO SEATS, AND A 194 PARKING SPACES.

UM, THE APPLICANT'S PROPOSING A SPECIFIC USE PERMIT FOR THE SUBJECT PROPERTY TO ALLOW FOR, AS PREVIOUSLY MENTIONED, THE 24 FEET, UH, TALL POLE SIGN FOR THE AFOREMENTIONED, UH, TEXAS ROADHOUSE DEVELOPMENT, UH, PER SECTION 5.8 OF THE WAXAHATCHEE ZONING ORDINANCE.

A POLE SIGN IS ONLY PERMISSIBLE BY SUP.

UM, THAT'S WHY YOU SEE THIS BEFORE YOU.

TOTAL HEIGHT OF THE PROPOSED POLE SIGN IS 24 FEET.

UH, AND THE PROPOSED SIZE, HEIGHT, AND LOCATION OF THE SIGN ADHERES TO THE REQUIREMENTS FOR POLE SIGNS ESTABLISHED IN THE WAXAHATCHEE ZONING ORDINANCE.

UH, THE SIGN FEATURES A 149.33 SQUARE FOOT ADVERTISING SPACE AND IS PROPOSED TO BE SET BACK, UM, A MINIMUM OF 20 FEET FROM ALL PROPERTY LINES.

THE SIGN WILL OF COURSE BE SITUATED ON THE SOUTHEAST CORNER OF THE SUBJECT PROPERTY.

AS PREVIOUSLY MENTIONED, PART OF THE SUP REQUEST CONTAINS THREE MINOR DEVIATIONS FROM THE ESTABLISHED SEWING REGULATIONS ASSOCIATED WITH WITH THIS DEVELOPMENT.

THOSE TYPICAL STANDARDS DEVIATION ARE AS FOLLOWS.

UH, 25 LANDSCAPE BUFFER IS REQUIRED UNDER THE CURRENT PD OR ORDINANCE NUMBER 3 2 24.

THEY'RE PROPOSING A LANDSCAPE BUFFER ALONG THE NORTH FIRE LANE ACCESS DRIVE, IN WHICH IT'LL BE A 23 FOOT, UH, LANDSCAPE BUFFER AS SHOWN IN EXHIBIT E.

THE D THIS DEVIATION FROM THIS PD IS TO ACCOMMODATE CANOPY TREES ALONG, UH, ONE OF THE MAIN ACCESS POINTS TO THE DEVELOPMENT AND TO REVISE SUFFICIENT PARKING, UH, FOR FUTURE BUSINESS OPERATIONS.

UH, THE NEXT, UH, DEVIATION UNDER SECTION 5.03 WITH THE WAXAHATCHEE ZONING ORDINANCE.

EACH REFUSE FACILITY SHALL BE SCREENED BY AN OPAQUE WALL OF MASONRY, NOT LESS THAN SIX FEET, AND NO MORE THAN EIGHT FEET IN HEIGHT.

UH, AN OPAQUE SCREENING WALL THAT IS EIGHT FOOT, UM, TALL AND EIGHT INCHES.

SO THEY'RE STILL, UH, PROVIDING THE SAME, JUST A LITTLE TALLER.

UM, AND LASTLY, UNDER SECTION 5.03 OF THE WASATCH ZONING WARRANTS, A MINIMUM ROOF SLOPE OF FIVE 12 IS REQUIRED.

UH, THE ROOF WILL FEATURE FLAT ROOF WITH A PARAPET AND WILL OFFER A MIX OF ROOF PITCHES, NOT DISSIMILAR TO ANY TEXAS ROADHOUSE THAT YOU HAVE EVER SEEN.

UM, STAFF HAS RECEIVED ZERO LETTERS OF OPPOSITION AND ZERO LETTERS OF SUPPORT FOR THIS SUP REQUEST.

[00:35:01]

IF YOU HAVE ANY QUESTIONS, THE APPLICANT AND I ARE HERE.

THANK YOU SO MUCH, CALEB.

ANY QUESTIONS FOR STAFF? I REALLY JUST WANNA KNOW IF THEY KNOW HOW EXCITED PEOPLE ARE IN SATCHIE TO FINALLY BE GETTING A TEXAS ROADHOUSE AND IF THEY THINK 290 SEATS ISN'T ENOUGH.

MICHELLE C .

ANY MORE QUESTIONS FOR STAFF? THANK YOU SO MUCH, CALEB.

IS THE APPLICANT HERE? YES.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

GOOD EVENING.

UH, MATT LUCAS, 2 0 3 WEST NASH STREET IN TERRELL, TEXAS.

TERRELL, TEXAS.

AWESOME.

ALL RIGHT.

ANYTHING YOU WANNA TELL US ABOUT YOUR APPLICATION? UH, I'M HERE TO ANSWER ANY QUESTIONS.

I THINK Y'ALL KNOW WHAT A TEXAS ROADHOUSE RESTAURANT LOOKS LIKE, AND, UH, WE'RE EXCITED TO, TO BE HERE AND MOVING FORWARD, WE HOPE.

AWESOME.

THANK YOU SO MUCH, SIR.

ANY QUESTIONS FOR THE APPLICANT? I THINK IT'S PRETTY STRAIGHT STRAIGHTFORWARD FOR US, SO THANK YOU SO MUCH, SIR.

THANK YOU FOR YOUR CONSIDERATION.

WE HAD ZERO PEOPLE SIGN UP TO SPEAK FOR OR AGAINST THIS ITEM.

THE PUBLIC HEARING IS

[12. Consider approval of ZDC-79-2026]

NOW CLOSED.

THE CHAIR WILL ENTERTAIN A MOTION.

I MOVE TO RECOMMEND APPROVAL OF ZDC SUBJECT 9 20 26 OF SPECIFIC USE PERMIT FOR 24 24 FOOT POLE SIGN TEXAS ROADHOUSE USE ADJACENT TO THE INTERSECTION OF GRID ISLAND DRIVE AND BLUE STAR DRIVE, SUBJECT TO THE DEVIATIONS AND CONDITIONS OF THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.

NEXT IS ITEM NUMBER 13, PUBLIC HEARING ON A REQUEST BY COREY RILEY FOR A SPECIFIC USE PERMIT FOR SHORT-TERM RENTAL USE WITHIN A SINGLE FAMILY TWO ZONING DISTRICT LOCATED AT 1 0 6 TRINITY LANE.

[13. Public Hearing on a request by Corey Riley, for a Specific Use Permit (SUP) for a Short-Term Rental use within a Single-Family-2 zoning district located at 106 Trinity Lane (Property ID 172884) - Owners: Corey Riley and Brooke Riley (ZDC-89-2026)]

PROPERTY ID 1 7 2 8 8 4.

OWNERS, COREY AND BROOKE RILEY, ZDC DASH 89 DASH 2026.

ALRIGHT, GOOD EVENING COMMISSIONERS.

UM, I PRESENT TO YOU A ZDC 89 DASH 2026.

UM, A REQUEST FOR A SPECIFIC USE PERMIT FOR A SHORT-TERM RENTAL USE THE PROPERTY, THE PROPERTY IS LOCATED AT ONE 16 TRINITY LANE IN SIX OH POINT 22 ACRES.

THE PROPERTY IS 1,705 SQUARE FEET AND IT HAS FOUR BEDROOMS. IT WOULD ALLOW FOR A MAXIMUM OF FOUR VEHICLES TO BE PARKED OFF STREET, TWO IN THE DRIVEWAY AND TWO IN THE GARAGE, UM, AND A MAXIMUM OF 10 GUESTS.

UM, THERE HAVE BEEN NO NUISANCE RELATED CALLS TO THE WAXAHATCHEE PD IN THE PAST 12 MONTHS.

UM, THE EMERGENCY CONTACT IS LOCATED 15 MILES FROM THE SUR SUBJECT PROPERTY AND ECA DOES NOT IDENTIFY THE PROPERTY AS A HOMESTEAD.

UM, STAFF HAS RECEIVED ZERO LETTERS OF SUPPORT OR OPPOSITION FOR THIS REQUEST AND STAFF HAS PROVIDED, UM, THE RECOMMENDED MOTIONS IN THE REPORT.

I'M AVAILABLE FOR ANY AND ALL QUESTIONS AS WELL AS THE APPLICANTS ARE PRESENT.

DAVID JONES, ANY QUESTIONS FOR STAFF? OH, I'M SORRY.

I DO ACTUALLY, DO WE HAVE THE, I'M SO SORRY.

DO WE HAVE THE LITTLE MAP THAT SHOWS WHERE OTHER STR ARE IN RELATION TO THIS ONE? UM, WE HAVE A SHOULD HAVE A SATURATION MAP FOR, NO, WE DO NOT HAVE IT FOR THIS ONE.

ANY MORE QUESTIONS FOR STAFF? I HAVE A QUESTION.

UM, FORGIVE MY IGNORANCE IN THIS MATTER.

UM, BUT YOU MENTIONED SOMETHING, THERE HAVE BEEN NO NUISANCE REQUEST NUISANCE COMPLAINTS OR ANYTHING LIKE, BUT IT'S NOT OPERATING AS A SHORT-TERM RENTAL RIGHT NOW, RIGHT? CORRECT.

SO WHO WILL BE GIVEN? SO I, I CAN GO AHEAD AND ANSWER THAT QUESTION.

WHEN THIS ORDINANCE WAS ORIGINALLY CREATED, ONE OF THE REQUESTS WERE FROM COUNSEL WAS TO SEE THE HISTORY OF THE PROPERTY PRIOR TO, PRIOR TO RECEIVING THE STR TO MAKE SURE THERE WAS NO ISSUES WITH THE CURRENT OWNER WHO OWNS THE PROPERTY.

SO, OKAY.

THAT'S ONE OF THE REASONS WHY ALSO, UM, THERE'S SOME OF THESE STS THAT WE GO, UH, THAT HAVE COME ALONG WHERE THEY'VE ALREADY BEEN IN OPERATION NOT KNOWING THEY HAD TO GET THE SUP PROCESSED GOTCHA.

TO REGISTER WITH THE CITY.

YEAH, SO WE'RE REALLY EXCITED WHERE THIS, UM, PROPERTY IS OPERATING AS A SHORT, A MIDTERM RENTAL AT THE MOMENT.

IT'S ALSO TO VERIFY THAT THERE'S NO, UM, THERE'S BEEN NO ISSUES WITH IT AS IT HAS CURRENTLY BEEN OFFERING INSTEAD OF JUST SHUTTING DOWN, MOVING FORWARD.

IS THE APPLICANT HERE.

PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.

HELLO, MY NAME IS EMILY REED.

UH, MY ADDRESS IS 3 2 7 SOUTH CENTER AVENUE AND I'M REPRESENTING BROOKE AND CORY RILEY.

I'M THE PROPERTY, UH, MANAGER.

AND LET'S SEE.

[00:40:01]

UM, BUT WE ARE APPLYING TO DO THE SHORT TERM RENTAL WITH THIS PROPERTY.

AND, UM, THE PLAN IS TO OPERATE IT AS MAINLY A MIDTERM, WHICH IS 30 DAY MINIMUM.

UM, JUST BECAUSE WE BELIEVE THAT THAT IS BEST FOR THE NEIGHBORHOOD.

AND WE SEE THAT THERE IS A BIG NEED FOR FOUR BEDROOMS IN THIS AREA.

AND WA HAJI, THERE AREN'T VERY MANY, MOST OF THEM ARE THREE BEDROOMS. AND SO WE SEE THAT WE WOULD BE MEETING A NEED AND FOR THE MIDTERM, UM, BETWEEN GETTING THOSE LONG TERM RENTERS.

THAT'S WHY WE'RE, UM, APPLYING FOR THE SHORT TERM IS SO THAT WE CAN HAVE THOSE JUST FOR LIKE THE IN BETWEEN TIMES.

AND WE DO HAVE, UM, WE HAVE SPOKEN WITH THE NEIGHBORS THAT ARE TO THE LEFT AND TO THE RIGHT AND ACROSS THE STREET.

THEY'RE ALL IN FAVOR AND THEY'VE ALL AGREED ALSO TO, UM, HAVE EYES ON THE PROPERTY AND LET US KNOW IF ANYTHING COMES UP.

I ALSO WANTED TO STATE THAT, UM, I MANAGE A VERY SMALL COMPANY, UM, AND THAT'S ON PURPOSE SO THAT I CAN DEDICATE A LOT OF TIME, QUALITY TIME TO THE PROPERTIES THAT I MANAGE.

AND WE DON'T DO INSTANT BOOKINGS, WHICH ALLOWS US TO BE ABLE TO VET EVERYONE WHO'S COMING IN, WHICH IS REALLY IMPORTANT TO US BECAUSE AS OWNERS WE DON'T WANT SOMEONE TO COME IN WHO'S GOING TO BE, UM, DISRUPTIVE TO THE NEIGHBORHOOD OR THAT'S GONNA DESTROY THE HOUSE.

SO THAT'S JUST A WAY THAT WE TRY TO GO ABOVE AND BEYOND.

I'M OPEN TO ANY QUESTIONS THAT YOU MIGHT HAVE.

UM, EMILY, YOU SAID YOU WERE GOING TO BE PROPERTY MANAGING THIS LOCATION? YES, MA'AM.

UM, WHERE DO YOU LIVE IN PROXIMITY TO THAT LOCATION? I, I'M IN LANCASTER, WHICH IS ABOUT A 20 MINUTE DRIVE NORTH.

AND SO, SO REAL QUICK, UM, ONE OF THE REQUIREMENTS IS THAT THEIR EMERGENCY CONTACT IS WITH INCIDENT MALL REYES.

THEY ARE PROVIDING AN ADDITIONAL EMERGENCY CONTACT THAT STILL MEETS THAT REQUIREMENT.

SO JUST BECAUSE SHE PROPERTY MANAGES SHE LIVES IN LANCASTER DOES NOT MEAN THAT THEY'RE STILL NOT PROVIDING SOMEONE WITHIN THE RANGE FOR EMERGENCY CONTACT.

SO WHAT'S THE RANGE? IS IT 20, 20 MILES? THANK YOU.

AND THEY'RE MEETING THAT REQUIREMENT.

AND YOU, YOU FILLED OUT THIS CARD, SO YES, I DID.

THIS IS YOUR YEAH.

OPPORTUNITY, SO THANK YOU.

UM, YOU'RE WELCOME.

I THINK THAT WAS THE, THOSE ARE, I THINK I HIT ALL THE MAIN POINTS THAT I WANTED TO LET YOU GUYS KNOW.

AND, UH, WHO IS THE EMERGENCY CONTACT? WHO SAYS IN HERE? I BELIEVE I MEET THE EMERGENCY CONTACT BECAUSE I'M WITHIN 20 MILES, BUT WE HAVE MULTIPLE OTHER PEOPLE WHO, UM, NEIGHBORS.

THE FAMILY LIVED HERE FOR SEVERAL YEARS, SO THEY'RE IN RELATIONSHIP WITH MANY PEOPLE THAT WE COULD CONTACT IF WE NEEDED TO.

THE FAMILY BEING THE OWNERS? YES.

AND WHERE DO THEY LIVE? THEY LIVE IN INDIANA.

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU SO MUCH.

THANK YOU SO MUCH FOR THE TIME.

ABSOLUTELY.

THIS IS A PUBLIC HEARING AND WE HAD ONE PERSON SIGN UP TO SPEAK FOR THE PUBLIC HEARING AGENDA ITEM ZDC DASH 89 DASH 2026.

SPEAKERS MUST OBSERVE THE THREE MINUTE TIME LIMIT.

AND, UM, MS. GLORIA BOWDEN, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE.

GLORIA BOWDEN 1 0 9 TRINITY LANE, WAXAHATCHEE, TEXAS 7 5 1 6 5.

AND I DID MEET COREY AND RILEY, I MEAN, UH, COREY AND BROOKE, BUT THEY MOVED BACK TO INDIANA AND I HAVE BEEN SEEING A LOT OF ACTIVITY AT THE HOUSE COMING AND GOING, PEOPLE COMING AND GOING.

AND THEN I SAW THE SIGN LATER WHERE IT SAID THAT THERE WAS A PUBLIC HEARING, SO I DECIDED TO SIGN UP TO COME OVER HERE.

ANYWAY, I, I'M AGAINST IT BECAUSE, UM, FIRST OF ALL, HOMES ARE INTENDED FOR PERMANENT RESIDENCE AND THEY, WHEN YOU HAVE A, A PLACE WHERE PEOPLE ARE COMING AND GOING ALL THE TIME, UH, IT UH, WEAKENS THE SENSE OF COMMUNITY THAT DEVELOPS WHEN RESIDENTS KNOW EACH OTHER AND WORK TOGETHER TO MAINTAIN A SAFE AND STABLE ENVIRONMENT.

THEN, UM, IT ALSO CAN CREATE PARKING PROBLEMS, TRAFFIC PROBLEMS AND NOISE CONCERNS AND, UM, PUBLIC SAFETY CONCERNS WHEN, UH, NEIGHBORS KNOW ONE ANOTHER, UH, WHO LIVES AROUND THEM AND THEY RECOGNIZE NORMAL ACTIVITY WITHIN THEIR COMMUNITY.

UH, IT'S DIFFERENT WHEN PEOPLE CHANGE FROM DAY TO DAY OR FROM MONTH TO MONTH.

SO YOU CAN'T IDENTIFY UNUSUAL OR SUSPICIOUS ACTIVITY

[00:45:01]

THAT COULD BE GOING ON.

AND THE CONSTANT PRESENCE OF UNFAMILIAR VISITORS DIMINISHES THE SENSE OF SECURITY THAT WE HAVE IN OUR NEIGHBORHOOD.

I PURCHASED A HOME IN, IN, UM, ON TRINITY BECAUSE IT WAS A RESIDENTIAL AREA AND, UH, TO ME I FEEL LIKE A, AND OUR, UH, STR IS MORE LIKE A BUSINESS AND I DON'T THINK IT SHOULD BE IN A RESIDENTIAL AREA.

SO, UM, THAT'S WHY I AM AGAINST IT.

SO ANY OF YOU, WOULD YOU LIKE TO HAVE ONE ACROSS THE STREET FROM YOU? THAT'S MY QUESTION.

SO, UH, DUE TO THESE REASONS, I'M AGAINST IT AND I WANNA THANK YOU FOR YOUR TIME AND CONSIDERATION IN THIS MATTER.

YES, MA'AM.

THANK YOU SO MUCH.

UM, MADAM CHAIR? YES SIR.

BEFORE YOU CLOSE, WOULD YOU ALLOW ME TO ASK THE APPLICANT A QUESTION? ABSOLUTELY.

COULD YOU COME BACK UP PLEASE? UM, EMILY, YOU STATED THAT YOU HAD, YOU HAD TALKED TO THREE NEIGHBORS, BUT I DON'T SEE THEIR SUPPORT LETTERS.

DO YOU HAVE THAT? YEAH, THEY WERE PLANNING TO COME FOR THE COUNCIL MEETING NEXT MONTH.

GOT IT.

TO MAKE A STATEMENT, BUT IF YOU WOULD LIKE, I CAN HAVE THEM EMAIL THEIR, UM, I, I DON'T, I JUST WASN'T SURE HOW YOU WANTED THAT SO WE CAN HAVE THEM SEND IN.

YEAH.

SO I DO HAVE A QUESTION WHILE YOU'RE HERE.

YES MA'AM.

UM, YOUR HOUSE RULES, UH, THERE'S NOISE AND QUIET HOURS.

THOSE HOURS ARE OH, YES.

THAT IS 10:00 PM TO 8:00 AM WHAT DOES THAT MEAN? UM, THAT MEANS THAT THEY, UM, SHOULDN'T BE LIKE HAVING LOUD PART, LIKE IF THEY HAVE CHILDREN, THEN THE CHILDREN WOULD BE EXPECTED TO COME INSIDE AND NOT BE LIKE OUTDOORS HAVING LOUD NOISE OR SO NO LOITERING, I'M SORRY? NO LOITERING.

CORRECT.

YES.

JUST KIND OF HANGING OUT, DISTURBING THE PIECE, SO TO SPEAK.

YES.

UM, AND I WOULD ASSUME, AND MAYBE YOU, UH, THE DIRECTOR OR THE ASSISTANT DIRECTOR CAN ANSWER THIS QUESTION FOR ME.

UM, IF IN FACT THIS, UH, THERE'S NOISE DURING THESE STATED HOURS AND, UH, A RESIDENT IN THE AREA CALLS THE POLICE MM-HMM .

WHAT IS THE NEXT COURSE OF ACTION? SO YEAH, IT, IT WOULD FOLLOW, I MEAN, THERE'S A COUPLE THINGS GOING ON IS THAT WE WOULD FOLLOW, IF THERE'S ANY KIND OF COMPLAINT, THE POLICE WOULD DO IT.

THEY WOULD DO, IF IT WAS A REGULAR RENTAL, WHICH IT'S LEGALLY ALLOWED TO DO NOW IS HAVE A RENTAL THERE WITH THERE, IT'S A NOISE COMPLAINT, THE POLICE WILL GO OUT AND THEY'LL GIVE WARNINGS LIKE THEY WOULD ANY OTHER, UM, PROPERTY IN THIS INSTANCE, IF IT CONTINUES TO HAPPEN, WE CONTINUE TO RECEIVE REPORTS.

UM, THERE IS A, WE DO HAVE PROVISIONS IN THE SEP ORDINANCE THAT WOULD ALLOW FOR US TO REVOKE THE SEP FOR THE STR AND TO CANCEL THEIR REGISTRATION.

ONCE AGAIN, IT WOULD NOT ALLOW US TO STOP THE PROPERTY FROM EVER BEING RENTED LONG TERM THOUGH.

UM, THAT'S, THAT'S A RIGHT THAT THEY HAVE, UM, THAT A CITY CANNOT LIMIT.

AND THAT'S A STATE LAW, UH, FOR THAT'S STATE AND FEDERAL LAW IS STATE AND STATE IS ABOUT SINGLE ABOUT WE, YEAH.

THERE'S, THERE'S LAWS IN PLACE STATING THAT CITIES AND GOVERNMENTS CAN'T REGULATE WHO LIVES IN A HOUSE IF IT'S RENTAL OR IF IT'S PROPERTY OWNED OR IF IT'S OWNER LIVES.

SO, AND I JUST WANNA MAKE SURE THAT I HAVE THIS CORRECT, THAT A SHORT TERM RENTAL IS CONSIDERED LESS THAN 30 DAYS.

SO A YES, A MIDTERM RENTAL OR A LONG-TERM RENTAL ARE BOTH PERFECTLY ACCEPTABLE WITHOUT AN SUP.

YEAH, WE, WE REALLY DON'T HAVE ANYTHING CALLED A MIDTERM RENTAL.

WELL, WE EITHER HAVE LONG-TERM OR SHORT-TERM RENTAL.

UM, I KNOW A LOT OF PEOPLE HAVE SAID THAT, UM, JUST FOR THE CLARITY, BUT YEAH, ANYTHING LOAN IN 30 DAYS WE WOULD CONSIDER A REGULAR RENTAL.

THEY CAN DO THAT BY RIGHT.

UM, I DID NOTICE ONE THING ON THE HOUSE RULES THAT SAYS STREET PARKING AVAILABILITY IS NOT GUARANTEED.

MY UNDERSTANDING IS THAT STREET PARKING, SO OUR ORDINANCE PROHIBITS STREET PARKING.

AND SO EVEN IF THERE HOUSE RULES STATE IT WILL BE LIMITED OR NOT GUARANTEED.

UM, THAT WOULD BE A VIOLATION OF THE SUVS.

RIGHT.

SO I JUST WANTED TO POINT THAT OUT.

YEAH, I ACTUALLY HAVE THE UPDATED HOUSE RULES.

I'M SORRY YOU GUYS HAVE THE OLD VERSION.

GOT IT.

THEY EMAILED US AND ASKED US TO UPDATE THAT AND SO WE DID THAT IN OUR WELCOME BOOK AND I HAVE THEM HERE IF YOU'D LIKE TO HAVE THEM.

I HAVE A QUESTION AND WE ALSO HAVE THAT AS OUR ON ON RECORD AS FAR.

WELL, BECAUSE WHAT, WHAT I WAS GONNA SAY TO THE, THE LADY WHO, WHO SPOKE, UM, A COUPLE MINUTES AGO, UM, YOU MA'AM, YOU ASKED IF I WOULD WANT A SHORT TERM RENTAL ACROSS THE STREET FROM ME.

AND TO BE TOTALLY HONEST, I'D RATHER HAVE A SHORT-TERM RENTAL THAN A LONG-TERM RENTAL ACROSS THE STREET

[00:50:01]

FROM ME.

AND THAT'S BECAUSE THE CITY ACTUALLY HAS SO MUCH MORE ABILITY TO, UM, POLICE THOSE.

SO YOU CANNOT HAVE STREET PARKING WHEN IT'S A SHORT-TERM RENTAL.

UM, A LONG-TERM RENTAL.

THEY CAN PARK ANYWHERE THEY WANT.

UM, IT'S ALSO A LOT EASIER TO GET SOMEONE OUT OF A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL.

UM, SO, YOU KNOW, I I THINK THAT THERE'S A, UM, THERE'S AN IDEA THAT SHORT TERM RENTALS ARE BAD, BUT REALLY THERE ARE A LOT MORE RESTRICTIONS 'CAUSE THEY HAVE TO COME AND GET THIS PERMIT FROM US.

UM, OTHERWISE, I MEAN, EVERY NEIGHBOR ON YOUR STREET CAN JUST RENT OUT THEIR HOUSE TO ANYONE THEY WANT TO, UM, FOR LONG TERM.

SO, UM, YEAH, I MEAN I CAN I ALSO ADD A POINT THAT MIGHT HELP HER.

UM, THE CITY OF DALLAS HAS THEIR POLICE, THEY HAVE REGULATORS WHERE THEY CAN GO OUT AND THEY CAN MONITOR NOISE.

SO IF THERE'S A NOISE COMPLAINT, THEY'LL GO OUT AND THEY CAN ACTUALLY MONITOR THE LEVEL OF THE NOISE.

I WOULD ASSUME THAT YOU'RE POLICE OFFICERS IN WAXAHATCHEE HAVE THE SAME THING.

SO LIKE IF THERE WAS A NOISE COMPLAINT AND YOU CALL THE POLICE, THEY CAN COME OUT AND THEY CAN LIKE CHECK TO SEE IF THAT NOISE LEVEL IS BEYOND WHAT'S ACCEPTABLE.

I HAVE A, UM, QUICK QUESTION JUST FOR CLARIFICATION.

YOU MENTIONED THAT YOU SPOKE WITH THE NEIGHBORS, UM, TO THE LEFT AND THE RIGHT AND ACROSS THE STREET.

MM-HMM .

UM, MS. BOWDEN MENTIONED THAT SHE LIVED ACROSS THE STREET.

DID YOU ALL NOT SPEAK WITH HER? UM, I KNOCKED ON EVERYONE'S DOOR, BUT NOT EVERYONE ANSWERED THE DOOR.

SHE DIDN'T, I DON'T BELIEVE I I WAS ABLE TO SPEAK WITH YOU.

YOU WEREN'T HOME THE DAY THAT I WAS THERE.

UM, THE NEIGHBOR DIRECTLY ACROSS THE STREET IS 1 0 7 TRINITY LANE.

DARREN FORD.

I BELIEVE SHE'S NEXT DOOR TO DARREN.

I'M SORRY BUT YOU SO BACK, HE'S UM, IN FAVOR OF, IF WE COULD MAKE SURE YOU TALK INTO THE MIC SO IT SIT ON THE RECORD.

I'M DARREN FORD IS YOUR NEIGHBOR AND HE IS IN FAVOR OF THE SHORT-TERM RENTAL.

ANY MORE QUESTIONS? YOU KNOW DAVID KIRKWOOD, HE'S ALSO IN FAVOR.

ANY MORE QUESTIONS FOR THE APPLICANT? THANK YOU SO MUCH.

THE PUBLIC HEARING IS NOW CLOSED AND THE CHAIR WILL ENTERTAIN A MOTION.

I MOVE TO RECOMMEND DENIAL OF ZDC 89 20 26 AN SUP FOR SHORT-TERM RENTAL USE.

SECOND, WE HAVE A MOTION AND A SECOND FOR DENIAL.

ALL IN FAVOR OF DENIAL, RAISE YOUR RIGHT HAND.

ALL OPPOSED, SAME SIGN MOTION.

SO SINCE UH, THE MOTION WAS RECOMMENDATION DENIAL, THE MOTION FAILED.

SO RIGHT NOW WE, IF YOU MOVE FORWARD WITHOUT A POSITIVE MOTION OF APPROVING IT, IT WOULD MOVE FORWARD TO COUNSEL WITH A DENIAL RECOMMENDATION.

SO, SO, BUT I CAN MAKE ANOTHER MOTION, RIGHT? YEAH, YOU CAN.

YES.

[14. Consider approval of ZDC-89-2026]

SO I MOVE TO RECOMMEND APPROVAL OF ZDC DASH 89 DASH 2026.

A SPECIFIC USE PERMIT FOR A SHORT-TERM RENTAL USE SUBJECT TO THE CONDITIONS OF THE STAFF REPORT AUTHORIZING THE MAYOR AND OR CITY MANAGER TO EXECUTE ALL DOCUMENTS ACCORDINGLY.

SECOND, WE HAVE A MOTION.

AND SECOND.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.

NEXT IS ITEM NUMBER 15, A REQUEST BY TIM JACKSON, TEXAS RE, REALITY CAPTURE AND SURVEYING LLC FOR A REPL OF FERRIS SECOND EDITION LOTS.

MOTION CARRIES THREE TO TWO.

[15. Consider a request by Tim Jackson, Texas Reality Capture & Surveying LLC, for a Replat of Ferris Second Addition, lots 127R-1A and 127R-2A, being 0.811 acres, located at 122 US Highway 77, (Property ID 142201, 173428) – Owner: Ellis County Farm Bureau (SUB-104-2026)]

1 27 R DASH ONE A AND 1 27 R DASH TWO A BEING 0.811 ACRES LOCATED AT 1 22 US HIGHWAY 77.

PROPERTY ID 1 4 2 2 1 AND 1 7 3 4 2 8.

OWNER IS ELLIS COUNTY FARM BUREAU SUB DASH 1 0 4 DASH 2026.

DAVID, ALL GOOD EVENING COMMISSIONERS.

I'M PRESENTING, UM, SUB 1 0 4 20 26 AS YOU MENTIONED.

UM, A REPLANT OF THE FER SECOND STREET EDITION LOTS 12 SEVEN R AND UM, 12 SEVEN R DASH ONE A AND 12 SEVEN R DASH TWO A.

UM, NORMALLY PLATS AREN'T PULLED OFF OF THE, UH, CONSENT AGENDA, BUT UM, THERE WERE SOME CHANGES MADE LAST MINUTE, WHICH WOULD, UH, CAUSE THESE TO BE.

AND SO I JUST WANT TO GO, UH, THE REASON FOR THE NOW IS MY MAIN REASON FOR BEING UP HERE IS, UM, BASED OFF THE STANDARDS, UH, IT ONE OF THE LOTS THAT IT WOULD BE REPLANTED TO IS 10 FEET SHORT OF WHAT THAT STANDARD WOULD BE.

SO, UH, IT WOULD BE DENIED.

OKAY, ANY QUESTIONS FOR STAFF? THE CHAIR WILL ENTERTAIN A MOTION.

THANK YOU SIR.

I MOVE TO RECOMMEND DENIAL OF SUB DASH 1 0 4 DASH 2026.

A REPL OF THE FERRIS SECOND EDITION LOTS.

1 27 R DASH ONE A AND 1 27 R DASH TWO A

[00:55:01]

SECOND WE HAVE A MOTION AND A SECOND.

ALL IN FAVOR OF DENIAL.

RAISE YOUR RIGHT HAND.

ALRIGHT, GOOD EVENING AGAIN, COMMISSIONERS.

[16. Consider a request by Emile Sirchia, for a Replat of part of lot 2 and part of lot 3, Block 1, of Emerald Forest Section 1 to create Lot 2R and Lot 4R, Block 1 of Emerald Forest Section 1 being 9.001 acres, located at 3810 FM 1446, an addition in the Extra Territorial Jurisdiction of the City of Waxahachie (Property ID 150204, 150206) – Owner: Emile Sirchia (SUB-92-2026)]

NEXT IS ITEM NUMBER 16.

A REQUEST BY EMIL SEARCH YA.

I APOLOGIZE IF I'M BUTCHERING THAT FOR A REPL OF PART OF LOT TWO AND PART OF LOT THREE.

BLOCK ONE OF EMERALD FOUR SECTION ONE TO CREATE LOT TWO R AND LOT FOUR R BLOCK ONE OF EMERALD FOUR SECTION ONE BEING 9.001 ACRES LOCATED AT 38 10 FM 1 4 46.

IN ADDITION, IN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF WAXAHATCHEE PROPERTY ID 1 5 0 2 0 4 AND 1 5 0 2 0 6.

OWNER EMIL SCHA SUB DASH 92 DASH 2 26.

UM, I'M PRESENTING, UH, PLAT SUB 92 20 26 FOR A RE PLAT OF PART OF LOT TWO AND PART OF LOT THREE OF BLOCK ONE OF THE AL FOREST SECTION.

SECTION ONE TWO, CREATE TWO RESIDENTIAL USE LOTS.

THIS PLAT IS LOCATED WITHIN OUR ETJ, UM, SAME AS THE LAST PLAT.

I'M HERE TO GO OVER THE CONDITIONS BECAUSE THEY WERE NOT ADDED INTO THE REPORT FOR YOU.

WE ARE RECOMMENDING APPROVAL FOR THIS PLAT.

AND SO, UM, THE CONDITIONS ARE, UH, THE APPLICANT HAS TO RECEIVE A LETTER OF ACCEPTANCE FROM PUBLIC WORKS DEPARTMENT CONFIRMING ALL UTILITIES, INFRASTRUCTURE AND OTHER REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED, INSPECTED, AND ACCEPTED BY THE CITY.

THE APPLICANT SHALL SATISFY ALL APPLICATION AND TECHNICAL REQUIREMENTS OF ELLIS COUNTY, UM, BEFORE FILING, WHICH I WILL COME BACK TO THAT.

UM, THE, UH, PER SUBDIVISION ORDINANCE, THE LOCATION AND WIDTH OF ALL STREETS, ALLEYS, AND EASEMENTS EXISTED OR PROPOSED WITHIN THE SUBDIVISION LIMITS AND ADJACENT TO THE SUBDIVISION.

A LIST OF PROPOSED STREET NAMES SHALL BE SUBMITTED FOR ALL NEW STREETS, UM, STREET NAME APPROVALS REQUIRED AT THE TIME THE PLAT IS APPROVED.

UM, AND THAT THEY MUST ALSO REMOVE THE BUILDING LINES FROM THE PLAT, UM, WHICH ARE THE SETBACKS BECAUSE THOSE, THOSE CAN CHANGE WITH THE ZONING.

UM, PLEASE PROVIDE THE DEED FOR LOT TWO.

THAT DOCUMENT WAS MI WAS MISSING FROM THE APPLICATION.

UM, SO WE NEED CLARIFICATION ON THE OWNER ON PART OF LOT TWO.

UM, AND THEN THEY HAD TO ADD A CORRECT TITLE BLOCK AND REVISE THE CASE NUMBER TO ISSUE B 92 20 26.

MOST OF THE CHANGES WERE CAR COSMETIC, BUT UM, ONE OF THE ONES THAT'S NOT USUALLY ON HERE THAT THEY HAVE TO CONFORM TO ALL OF ELLI COUNTY'S, ELLIS COUNTY STANDARDS.

UH, BECAUSE THE DEED INFORMATION WAS NOT SUBMITTED, WE UM, HAVE TO WAIT FOR THAT TO GET TO ELLIS COUNTY AND THEN ELLIS COUNTY WILL GIVE US THEIR COMMENTS.

THEY WOULD NOT REVIEW IT WITHOUT, SO WITH ELLIS COUNTY RIGHT NOW, THEY HAVE AN INCOMPLETE APPLICATION, WHICH IS WHY WE CONDITIONED IT SO THAT THEY HAVE TO FOLLOW THAT UP.

THAT'S IT.

THANK YOU SO MUCH, DAVID.

ANY QUESTIONS FOR STAFF? THANK YOU.

THE CHAIR WILL ENTERTAIN A MOTION I MOVE TO APPROVE SUV 92 20 26 FOR A RELA PART LOT TWO AND PART OF LOT THREE.

BLOCK ONE OF EMERALD FOREST SECTION ONE TO CREATE TWO RESIDENTIAL USE LOTS SUBJECT TO THE CONDITIONS OF STAFF REPORT AUTHORIZING THE PNC COMMISSIONER TO SIGN THE ASSOCIATED DOCUMENTS ACCORDINGLY.

ALL IN FAVOR? RAISE YOUR RIGHT HAND.