[Special City Council Meeting]
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ALL RIGHT, GOOD EVENING, EVERYONE.CITY COUNCIL, SPECIAL SESSION.
IT'S TUESDAY, AUGUST 25TH, 2028.
UH, ITEM MAY IS CALLED TO ORDER.
UM, AND WE DO HAVE A FORUM OF, UH, COUNCIL PRESENT.
WE HAVE A QUORUM OF A P AND Z PRESENT.
SO WE'RE GOING TO MOVE ON TO ITEM B.
THIS IS TO CONDUCT A JOINT PUBLIC HEARING BEFORE THE CITY COUNCIL, CITY METALS PLACE IN THE PLANNING ZONING COMMISSION, UH, TO HEAR ANY AND ALL PERSONS DESIGNED TO BE HEARD ON ELECTRONIC SIGNS IN THE CITY OF MEADOWS PLACE.
THIS HAS BEEN AN ISSUE THAT'S BEEN GOING ON FOR SOME TIME.
UM, BUT, UH, CAUSE HE HAS NO INTEREST IN THIS.
UM, BUT UH, THIS HAS BEEN GOING ON FOR QUITE SOME TIME AND WE'VE HAD DIFFERENT, UH, RESPONSES.
AND UM, I WANT TO SAY THAT, UH, AS WE GET FORWARD AND MOVE INTO THIS, UH, ANYBODY THAT WANTS TO SPEAK OUT OF THE PUBLIC, I'M ASSUMING CAN DO THAT AND HOW THEY DO.
WELL, I'M OPENING THE MEETING RIGHT NOW, SO WE WOULD LIKE TO BE HERE.
ANYBODY DESIRING TO BE HEARD CONCERNING ELECTRONICS SIGNS SPEAK NOW
ANYONE ELSE DESIGNED TO BE HEARD CONCERNING ELECTRONIC SIGNS? I'LL TAKE TERRY'S COUNTERPOINT.
UM, I, THIS IS RICK STAGOLEE, UH, ONE, TWO, THREE, TWO SEVEN SCOTTSDALE DRIVE.
PERSONALLY, I DON'T FEEL THAT ELECTRONIC SIGNS ARE NEEDED BY OUR BUSINESSES, BY OUR SCHOOLS, BY THE CITY.
UM, I'VE SEEN MANY CITIES THAT DON'T ALLOW THEM.
THEY'RE USUALLY YOUR UPPER SCALE CITIES THAT DON'T ALLOW THEM BELL THERE.
IT DOESN'T ALLOW THEM SUGAR LAND DOESN'T ALLOW THEM.
UM, IF YOUR BUSINESS IS HINGING ON ELECTRONIC SIGN, YOU'RE NOT GONNA MAKE IT ANYMORE.
ANYONE ELSE? HOW ABOUT THE ELECTRONIC SIGN WE HAVE WITH THE NISSAN DEALER? JOHN? THAT'S A GOOD QUESTION.
AND I HAD THIS MARKED AND IT'S OKAY.
IT'S COVERING THE ORDINANCE AND THAT'S A SPECIFIC AREA AND IT IS ADDRESSING THAT, UH, ON HIGHWAY 59.
SO I DON'T KNOW WHAT IT'S FIFTH PAGE BACK.
IT'S FIFTH PAGES OF SAND ORDINANCE, UH, UNDER, UM, EXCEPTIONS IN ITS PRIOR CODE 24 DASH ONE OH NINE ORDINANCE
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85 DAY SHOW 36 PASSED IN 1985.WHICH ALLOWED THEM TO DO THAT RIGHT ALONG 59.
WELL, I THOUGHT THEY CAME TO US FOR SOME KIND OF BARRIERS
WE DID A SPECIAL, YES, WE DID EXCEPTION FOR THEM.
YES, WE DID THIS ONE TO BRING IT UP IN CASE SOMEBODY ELSE, BECAUSE WE TALKING TO THEM ABOUT A TRADE OFF ON USING THAT SIGN FOR SIX TO 10% OF THE SIGNAGE.
NOW WE GOT THAT BECAUSE WE ALLOWED THEM TO HAVE THAT.
BUT IT WAS BECAUSE THEY WERE IN THAT FRONT LINE.
WELL, THAT'S WHY WE ALLOWED IT, BUT IT WASN'T PART OF THE 85 RULE, CORRECT.
THIS 85 RULE SETS THEM ASIDE AS A SPECIAL INDUSTRIAL DISTRICT.
I AGREE THAT IT'S GOT A DIFFERENT ZONING CODE, CORRECT? REGARDLESS WE CUT A DEAL.
IF YOU'RE GOING TO CUT A DEAL FOR ONE, IT'S KIND OF PROBLEMATIC.
IF THEY COULD HAVE IT UP THERE, THE DEBATE WAS CAN THEY HAVE IT UP THERE? OKAY.
AND WE SAID, WE SAID, YOU CAN HAVE IT.
IF WE DID, BASICALLY, WE ALLOWED IT ON THE 59 FRONTAGE.
BUT AT THE TIME IT WAS SAID THAT WE WEREN'T GOING TO ALLOW IT OTHER PLACES RIGHT NOW THAT WAS A DIFFERENT COUNCIL.
IT WAS A DIFFERENT P AND Z, ANY P AND Z, ANY CA OR ANY COUNCIL OR P AND Z CANNOT HOLD A FUTURE COUNCIL TO ANYTHING THAT FUTURE COUNCIL ALWAYS HAS THE OPTION TO CHANGE WHAT THOSE ORDINANCES ARE.
BUT THAT THE SPECIAL USE PERMIT, I THINK WE WROTE IT INTO THE ZONING ORDINANCE, ANY KIND OF STUDIES DONE ON THINGS LIKE THAT.
HAS THERE BEEN ANY STUDIES ON BRIGHTNESS OF THE SIGNS? MAYBE THEY'RE TOO RUDE.
SOME PEOPLE MIGHT NOT LIKE THEM BECAUSE THEY'RE BRIGHT AND GLARING.
JOHN THAT'S PART OF THAT 200 PAGE THING THAT TERRY WAS TALKING ABOUT AND YEAH, THEY, THEY, NUMBER OF PIXELS PER, BUT ALL THAT KIND OF STUFF IS COVERED, INCLUDING BRIGHTNESS AND THE, AND THE MORE EXPENSIVE SIGNS YOU CAN ADJUST THAT BRIGHTNESS AS YOU GO ACCORDING TO DAYLIGHT, DARK, ET CETERA.
AND YOU'LL SEE SOME OF THESE THINGS IN THE DAYTIME THAT ARE ALMOST KNOCKED YOUR EYES OUT AT SEA.
YOU SEE I'M 37 MILES AT NIGHT AND THEY'RE, THEY'RE HORRIBLE.
AND SOME DON'T, THEY JUST LOOK LIKE LOOKING AT A TV SCREEN BECAUSE THEY'RE ADJUSTED AS THEY GO FOR LIGHT EXPOSURE, ET CETERA.
UM, IF IN THE EVENT THAT THIS CHANGE IS ALLOWED, I THINK WHAT WE'D DO, JOHN IS LOOK AT OTHER AGENCIES THAT HAVE THAT AND COME UP WITH A LIKE ORDINANCE, WHETHER THAT'S TEXTILE, WHETHER IT'S ANOTHER CITY THAT DOES ALLOW THEM, I JUST DON'T WANT TO GET INVOLVED IN, YOU KNOW, BIG, RUDE SIDES.
YOU KNOW, IT'S JUST IN YOUR FACE.
SO TO REMIND EVERYONE THAT WHEN THE SIGN WENT IN AT KIRKWOOD IN 59 IN STAFFORD, WE ACTUALLY GOT COMPLAINTS.
I GOT COMPLAINTS FROM RESIDENTS ABOUT THAT AND SAID, THE CITY SHOULD FIND A WAY TO STOP IT.
AND I EXPLAINED TO HIM THAT THAT'S IN STAFFORD AND SOMEBODY SAID, WELL, ANNEX IT.
AND WE'RE LIKE, YOU CAN'T, IT'S ANOTHER CITY.
UM, I WISH WE'D HAVE HAD MORE RESIDENTS ON THE CALL, GIVE US MORE FEEDBACK PLUS OR MINUS, UM, THIS MAY GENERATE SOME, AT LEAST SOME CONVERSATION.
SO P AND Z MEMBERS, IF Y'ALL HEAR ANYTHING, PLEASE FEED US BACK.
I'M LIKE CHRIS COLLAGEN GO HAND GRENADE IN THE MIDDLE OF THIS MIX.
I THINK RIGHT NOW IS A PERFECT EXAMPLE OF RICK.
AND I'M GOING TO TAKE A DIFFERENT SIDE.
AND I I'M I'M WITH YOU ON THE BUSINESS SIDE.
AND I DON'T THINK, I DON'T THINK IT'S ABSOLUTELY CRITICAL.
UM, I AGREE WITH TERRY THAT WE NEED TO LOOK AT IT, BUT I THINK YOU HAVE A, WE'RE RESPONSIBLE AS A CITY AND, UH, FOR PUBLIC
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WELFARE AND SAFETY BUSINESS, COMMUNITY'S NOT THERE SITTING THERE GENERATING THE PROFIT AND THAT'S OKAY.BUT I THINK DIFFERENT RULES CAN, AND I BELIEVE SHOULD APPLY.
AND I THINK TODAY IS A GREAT EXAMPLE.
IF THEY, IF FOR INSTANCE SCHOOL WAS OPEN, YOU'LL KEEP CHANGING THOSE MESSAGES.
AS THINGS CHANGED DURING THE DAY, THE CITY COULD CHANGE ITS MESSAGES AS THINGS CHANGE.
AND RIGHT NOW I THINK IS A GREAT EXAMPLE.
AND I WOULD LIKE TO HAVE THAT CAPABILITY OR FOR SOMEBODY TO SIT UP HERE AND SAY, HEY, WE JUST WENT TO RED ALERT AT THE COUNTY.
LEVEL TWO IN, IN THE HURRICANE.
UH, WE NEED TO EVACUATE, YOU KNOW, THOSE TYPES OF THINGS.
AND I'D LIKE TO SEE THOSE SPLIT TO GIVE THE GOVERNMENT ONE SET OF RULES TO WHETHER THEY CAN HAVE IT.
AND I'LL FADE THE HEAT POINT AT ME.
AND THEN THE OTHER SIDE, SIT DOWN AND PUT IT SAY NO.
UM, BUT WE COULD ALSO, I'M THROWING THIS ON.
Y'ALL UNDER THE BUS FOR P AND Z EVER SMILE, LET A BUSINESS SUPPLY AND LET THEM GO TO THE P AND Z ON AN INDIVIDUAL BASIS.
I DON'T AGREE THAT GOVERNMENT SHOULD OPERATE UNDER DIFFERENT RULES AND BUSINESSES.
I DON'T THINK THAT'S A GOOD WAY OF OPERATING.
THAT IS ONE VIEWPOINT, BUT WE'VE GOT DIFFERENT RESPONSIBILITIES AS TO PUTTING MESSAGES OUT THERE LIKE SCHOOL CLOSED AND HURRICANES, YOU'RE GOING TO RELY ON ONE FIXED POINT SIGN.
WHEN WE'VE GOT FACEBOOK, TWITTER, I HEAR, YOU KNOW, CODE RED.
THAT'S HOW YOU NEED TO BE GETTING THOSE MESSAGES OUT.
AND WE DO WAIT, WE NEED BETTER MIX FIX THIS, THIS, NO, WE, WE, WE NEED, WE NEED MIKE'S.
WE HAD THE, WE HAD MOUNTAIN START WITH LONGER NEXT.
CAUSE YOU GOTTA BE THIS CLOSE.
WE'LL TRY TO DO BETTER WITH, OKAY.
SO IF EVERYONE HAS SPOKEN OR IF NO ONE ELSE DESIRES TO SPEAK, UM, I NOW CLOSE THIS PUBLIC HEARING ON AMENDING, UH, CONCERNING SIGN, ELECTRONIC SIGNS IN CITY METALS PLACE.
WE NOW MOVE ON TO THE NEXT JOINT PUBLIC HEARING.
UM, THIS IS ITEM C ON THE COUNCIL AGENDA.
I DON'T KNOW WHAT AGENDA IS ON YOU GUYS, BUT UH, CONDUCTED JOINT PUBLIC HEARING FOR THE CITY COUNCIL AND CITY MEADOWS PLACE, TEXAS AND THE PLANNING AND ZONING COMMISSION TO HEAR ANY AND ALL PERSONS DESIRING TO BE HEARD CONCERNING CARPORTS IN THE CITY OF MEADOWS PLACE.
I NOW OPEN THIS PUBLIC HEARING EVERYONE DESIRING TO SPEAK AT THIS HEARING SHOULD SIGN IN ON THE PUBLIC HEARING SHEET OR RAISE YOUR HAND ON THE
[00:17:00]
ALRIGHT, MS. LINQUIST YOU GOT 30 SECONDS.AND I WILL HAVE TO SAY THAT YOU MAY NOT BE AN ARTIST OR AN ARCHITECT, BUT, UH, YOU DID A GREAT JOB AND A BIG COMPLIMENTING.
HOWEVER, REGARDING CARPORTS, RICK, DID YOU WANT TO, HOPEFULLY EVERYBODY CAN HEAR ME WITH THIS MIC.
UM, UNFORTUNATELY TWO YEARS AGO, THE STATE LEGISLATURE TOOK AWAY OUR ABILITY TO, UM, DETERMINE BUILDING MATERIALS.
THEREFORE, IF WE ALLOW CARPORTS IT, WE CAN'T SAY THAT IT HAS TO FALL UNDER ANY OF THESE CRITERIA.
THEY COULD COME IN WITH TWO BY TWO PLASTIC PIPE AND YOU KNOW, JUST, YOU KNOW, SHEET METAL AND WE WOULD NOT BE ABLE TO DO A THING ABOUT IT.
SO WHAT IS THE ISSUE HERE? CAR PORTS.
I THOUGHT THE ISSUE WAS THE LINES ON HOW FAR YOU CAN GET FOR AN ISSUE.
THAT'S A DIFFERENT ISSUE LATER DOWN THAT'S D O OKAY.
BECAUSE I THOUGHT, I THOUGHT MISS LINQUIST WAS TALKING WAS NOT TALKING ABOUT A CORE PORT.
NO, SHE'S TALKING ABOUT A CAR PORT PERRY, HANDLING QUIP, SHARING YOUR SCREEN.
UM, SO UNFORTUNATELY, LIKE I SAID, THE LEGISLATURE HAS TAKEN AWAY OUR ABILITY TO, UH, DETERMINE TYPES OF MATERIALS.
UM, CITY ADMINISTRATOR DID JUST SAY THAT IT DOES HAVE TO MEET WINDSTORM, SO THAT MIGHT TAKE CARE OF SOME OF MY CONCERN.
UM, HOWEVER, I DON'T KNOW WHERE WE'RE GOING TO GO WITH THAT.
I'VE HEARD PEOPLE ARE GOING TO TRY TO GET THAT LEGISLATION OVERTURNED IN THIS NEXT SESSION.
I DON'T KNOW IF THAT'S GOING TO OCCUR.
ONE QUESTION I HAVE, AND THIS SOMEWHAT GOES WITH OUR SETBACK IS IF THEY WERE SAY YOU WERE TO BUILD A CARPORT, PORTICO SHARE, WHATEVER IT MAY BE.
DOES THAT COUNT AS THE LOT SETBACK? IS THAT A PERMANENT STRUCTURE THAT YOU CAN'T GO CLOSER THAN THE 25 FEET? SO I THINK THE SHORT ANSWER IS GENERALLY YES.
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UM, PARTICULARLY IF IT'S DETERMINED TO BE AN ACCESSORY STRUCTURE THAT'S ATTACHED TO YOUR PRIMARY STRUCTURE, UM, IT IS TRUE.THAT, UH, HOUSE BILL 24 39, BASICALLY PROHIBITED OUR ABILITY TO DETERMINE THE ATHLETICS ASSOCIATED WITH THESE TYPES OF THINGS.
UM, WE CAN MAKE SURE THAT IT'S BUILT TO CODE, BUT WE CAN'T SAY THAT IT HAS TO BE BRICKED OR THAT IT HAS TO BE SHINGLED WHERE THAT KIND OF THING.
UM, IF IT DOES TIE INTO THE ROOF LINE, FOR EXAMPLE, OR IF IT DOES IN SOME FASHION ATTACHED TO THE STRUCTURE AND TYPICALLY YES, WE WOULD CONSIDER THAT A PART OF THE STRUCTURE ITSELF.
AND SO IT WOULD HAVE TO MEET THOSE SETBACK GUIDELINES.
NOW THAT SAID TYPICALLY A CARPORT IS AN ACCESSORY STRUCTURE.
AND AS YOU GUYS MIGHT RECALL, I KNOW, YOU KNOW, FROM THE ORDINANCE, AN ACCESSORY STRUCTURE IS TWO FEET OFF THE SIDE AND REAR SETBACKS, BUT I BELIEVE THAT, AND I HAVE TO GO BACK AND DOUBLE CHECK THIS, BUT ON THE FRONT SIDE, UH, YOU STILL GOTTA HEAR THAT BUILDING LINE.
UM, SO SHORT ANSWER IS I BELIEVE, YES.
I COULD BUILD A CAR PORT THAT WAS ATTACHED TO MY HOUSE, TO THE ROOF.
IT WAS NOT AN ACCESSORY STRUCTURE AS LONG AS IT WAS WITHIN THE SETBACK LINE.
SO THE SETBACK LINE WAS CHANGED AND IT WAS PART OF THE HOUSE YOU'RE OFF TO THE RACES TO BUILD WHATEVER YOU WANT BECAUSE WE CAN'T PROHIBIT THE TIMES OVER THROUGH YOU COULD.
SO WHAT KIND OF PRECIPITATED THIS MORE THAN ANYTHING WAS WE DID HAVE AN APPLICANT THAT CAME IN AND SUBMITTED FOR A CAR PORT AND THIS PARTICULAR CAR PORT WAS TIED INTO THE ROOF LINE.
IT HAD SHINGLES, IT WAS A PITCHED ROOF, TOP CAR PORT.
BUT THE QUESTION THEN CAME UP, IS THIS SOMETHING THE CITY WANTS? IS THAT SOMETHING THE CITY SHOULD REGULATE AT? RIGHT, RIGHT NOW YOUR CODE IS ABSOLUTELY SILENT AS TO OUR PORTS IN GENERAL.
SO SHOULD SOMEBODY COME IN WITH A CAR PORT THAT'S BEEN ENGINEERED TO MEET ONE STORM IN A STRUCTURALLY SOUND, THEN THEY COULD GET THE PERMIT TO GO AHEAD AND BUILD THOSE CARPETS.
AND THAT'S WHERE WE ARE RIGHT NOW.
I THINK THE QUESTION IN FRONT OF COUNCIL IS, IS THAT WHAT YOU STILL WANT, RIGHT? OR DO YOU WANT TO GO AHEAD AND FIND A WAY TO REGULATE CARPORTS? BECAUSE GENERALLY YOU COULD, AS A COUNCIL, PUT SOMETHING IN YOUR ORDINANCE THAT SAYS, THAT SAYS, UM, CAR PORTS ARE PROHIBITED PERIOD, AND WE COULD ENFORCE THAT.
WE JUST CAN'T GO IN THERE AND SAY, CAR PORTS ARE ALLOWED SO LONG AS YOU CLAD THE THING WITH BRICK AND YOU MAKE IT THIS COLOR AND YOU MAKE SURE THAT IT HAS ALREADY PLAYED CONDIT OR SOMETHING TO THAT EFFECT.
BUT IF IT COMPLIES WITH THE INTERNATIONAL BUILDING CODE, WHICH WE'VE ADOPTED, THEN WE HAVE TO GIVE THEM THE BUILDING PERMIT IF IT COMPLIES.
SO THIS IS AN HOUR, NOTHING DEAL ON CAR.
WELL, I HEARD THAT IF IT'S PART OF THE HOUSE, IT'S NOT AN ACCESSORY STRUCTURE AND IT'S WITHIN THE LINES HOTLINES, NOBODY NEEDS A PERMIT.
THEY CAN COME IN AND GET A PERMIT TODAY.
IT'S IT'S AND, AND THAT'S, THAT'S THE TOUGH CALL IS THAT WE, AS A STAFF WOULD HAVE TO SAY, YOU KNOW, IF YOU'RE BUILDING IT INTO THE ROOF LINE, IF YOU'RE ATTACHING IT TO THE HOUSE, IT'S CLEAR THAT IT'S A PART OF THAT STRUCTURE.
THEN YES, WE WOULD SAY, YOU NEED TO ADHERE TO THOSE SETBACKS.
IF THIS IS SOMETHING THAT WAS STAND ALONE, IT HAD FOUR POSTS ON IT WITH SOME METAL, BUT IT WAS ENGINEERED.
IT WAS TIED DOWN AND IT WAS ANCHORED.
WE COULD SAY, WELL, IT'S NOT ATTACHED TO THE STRUCTURE.
THAT'S THE TOUGH CALL WE'VE GOT.
NOW WHAT YOU COULD DO AS A COUNCIL IS YOU COULD JUST FLAT OUT SAY, WE DON'T WANT CARPORTS IN TOWN AND YOU COULD GO AHEAD AND PUT A LAW IN THAT SAYS, WE WILL NOT GIVE A BUILDING PERMIT FOR CARPORTS, BUT IT AGAIN, IT'S Y'ALLS CALL.
I GUESS THE THING I KEEP COMING BACK TO IS THE 25 SETBACK.
IT WOULD STILL HAVE TO ADHERE TO THAT FOR THE FRONT OF THE HOUSE.
SO THAT WOULD PROHIBIT A LOT OF PEOPLE FROM DOING THIS, EVEN IF IT WAS CONSIDERED AN ACCESSORY COUNSEL HAS BEEN BROUGHT TO MY ATTENTION THAT THIS IS A PUBLIC HEARING, NOT A DISCUSSION.
AND I WAS JUST GETTING GEARED UP.
UH, WE NEED TO CALL AN ANTI INTO MY PUBLIC COMMENT IF ANYBODY ELSE HAS COMMENT.
DO WE HAVE ANYONE ELSE WHO WISHES OR DESIRES TO BE HEARD REGARDING CAR PORTS?
[00:25:56]
OKAY.TERRY, THANK YOU FOR THAT, ERIC.
THIS IS NOT A DISCUSSION ITEM.
THIS IS TO HEAR COMMENTS ON THEM.
YOU'VE JUST MADE HIM SEPARATING THE CAR PORT FROM A PERMANENT STRUCTURE.
AND THAT WAS PART OF THE DISCUSSION THAT WAS TAKING PLACE THAT YOU COULDN'T HEAR.
JUST WANT TO LET YOU KNOW THAT
AND THAT'S WHAT WE'RE HERE FOR.
THE, THE AUDIO WE CAN HEAR REALLY WELL ON THE LIVE STREAM ON THE WEBSITE, IS THAT THE SAME AUDIO THAT'S GOING TO THE ZIM CALL.
WE SHOULD JUST STOP DOING ZOOM CALLS.
WELL THAT I'M HEARING NOBODY ELSE.
THEN I NOW CLOSE THIS PUBLIC HEARING ON CARPORTS, MOVING ON THEN TO THE NEXT ONE, WHICH IS ITEM D AND WHATEVER NUMBER Y'ALL HAVE DISCUSSION REGARDING PLATTING AND SETBACKS IN THE CITY OF MEADOWS PLACE.
NOW PROBLEM BETWEEN OUR ORDINANCE AND THE PLANT AT THE COUNTY, UH, CAME UP AND, UH, IT NEEDS TO BE RESOLVED.
UH, NICK HAS PREPARED A PRESENTATION TO HELP ME BETTER UNDERSTAND THIS.
SO NICK, I'M GONNA TURN THIS OVER TO YOU DO.
NOW WE GOT ONE AND YOU SEE THIS, TERRY, I WILL, I WILL, I WILL GET ONE INCH FROM THE MICROPHONE AS UNCOMFORTABLE AS THIS IS.
UH, SO FROM TIME TO TIME, UH, STAFF AND JUST OUR DAILY EXAMINATION OF OUR ORDINANCES FINDS THINGS IN THE CODE THAT WE THINK COUNCIL AND P AND Z NEED TO PAY ATTENTION TO AND LOOK AT, PERHAPS, BECAUSE YOU MIGHT NEED TO CHANGE WHAT'S IN HERE.
UH, IN THIS CASE, WE FOUND A BIT OF A CONFLICT BETWEEN WHAT'S IN YOUR ORDINANCES AND WHAT'S ACTUALLY OUT THERE IN OUR SUBDIVISION PLATS.
UH, IT WAS ALL PRECIPITATED AS WE WERE LOOKING THROUGH SOME PLAN SETS, WE FOUND THAT, UM, THE SETBACKS THAT ARE IN YOUR ZONING ORDINANCE, DON'T MESH WITH THE SETBACKS THAT ARE IN THE CODE.
AND I'LL TALK HER IN THE PLATS.
AND I'LL TALK A LITTLE BIT ABOUT THAT.
SO, UH, WE WERE GOING TO PUT IT ON THE BIG SCREEN, BUT THIS WORKS JUST AS WELL.
IF YOU LOOK AT SLIDE NUMBER TWO, WHAT DOES OUR ORDINANCE SAY? SO YOUR ZONING ORDINANCE, WHICH IS CHAPTER ONE 50, THREE OF YOUR CODE, BASICALLY REGULATES A LOT OF DIFFERENT STRUCTURAL THINGS LIKE SETBACKS, A LOT SIZES OF THE HEIGHT OF YOUR BUILDINGS, THE MINIMUM FLOOR AREA OF THOSE BUILDINGS, ET CETERA.
UH, THOSE ALSO VARY BY ZONING CATEGORIES.
YOU KNOW, WE HAVE MULTIPLE DIFFERENT ZONING CATEGORIES IN TOWN.
IF YOU LOOK AT SLIDE THREE, YOU CAN KIND OF SEE THOSE ZONING CATEGORIES ARE, WHICH IS THE, WHICH YOU MIGHT CALL THE LARGEST LOT ZONING CATEGORY IN TOWN.
IT ALSO ENCOMPASSES THE MOST HOUSES IN TOWN IS IN THAT YELLOW ARE TWOS KIND OF DOWN THE BOTTOM.
IT'S THAT GRAY AREA, A LITTLE BIT DENSER HOUSING AND OUR THREE WAY UP TOP, WHICH IS SOMETHING WE HARDLY EVER TALK ABOUT BECAUSE QUITE FRANKLY, IT'S SUCH A SMALL PORTION OF THE COMMUNITY IS WAY UP THERE, KIND OF YOUR TOWNHOME
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TYPE DEVELOPMENTS.IF YOU LOOK AT SLIDE FOUR, IF YOU LOOK DEEP INTO THE ZONING ORDINANCE AND START READING THE DIFFERENT REGULATIONS FOR THESE DIFFERENT ZONING CATEGORIES, YOU'LL FIND THAT THEY'RE A LITTLE BIT DIFFERENT.
SO IF YOU STACK THEM UP NEXT TO EACH OTHER, YOU LOOK AT OUR ONE, YOUR MINIMUM LOT AREAS, ABOUT 6,000 SQUARE FEET.
THAT'D BE BASICALLY A 60 BY A HUNDRED FOOT LOT ON OUR TWO.
YOU'RE GETTING DOWN TO 5,000 SQUARE FEET OR MAYBE A 50 BY A HUNDRED SQUARE FOOT.
LOT ON AVERAGE YOU CAN SEE THEN THE MINIMUM FLOOR AREA IS THE SAME.
YOUR MAXIMUM BUILDING HEIGHTS ARE THE SAME, BUT THEN YOU GET TO THE FRONT SETBACKS ON AN
OUR CODE, OUR ORDINANCE HAS A FRONT SETBACK OF 18 FEET ARE TWO IT'S, 15 FEET SIDE SETBACKS.
YOU HAVE TO HAVE BE FIVE FEET FROM THE SIDE SETBACK LINE, YOUR LOT LINE ON OUR TWO.
IT'S KIND OF INTERESTING BECAUSE ON ONE SIDE OF YOUR LOT, IT'S ZERO LOT LEADER, BASICALLY ON THE LOT LINE ON THE OTHER SIDE, YOU'RE EIGHT FEET BACK.
SO IF YOU CAN KIND OF IMAGINE A HOUSE THAT'S SITTING ON THE LOT LINE AND THEN EIGHT FEET FROM THE OTHER SIDE OF THE LOT LINE, RIGHT? YOU GET DOWN TO THEIR SIDE STREET SETBACKS, WHICH IS ESSENTIALLY A CORNER LOT, RIGHT? THAT'S ON TWO STREETS.
YOU CAN SEE ON OUR ONE IT'S 10 FEET ON OUR TWO, YOU'VE GOT 20 FEET OR 15 FEET WITH AN ATTACHED GARAGE AS THE WAY IT'S WRITTEN IN THE ORDINANCE.
AND FOR THOSE ACCESSORY STRUCTURES, YOUR GARAGES, THAT KIND OF THING ON OUR ONE, THEY HAVE TO BE TWO FEET FROM YOUR PROPERTY LINE.
AND OUR TWO, THEY HAVE TO BE FIVE FEET.
MAXIMUM LOT COVERAGE IS A LITTLE BIT DIFFERENT TOO.
THAT BASICALLY MEANS HOW MUCH OF YOUR STRUCTURE CAN COVER THE ACTUAL FOOTPRINT OF THE LOT.
THE NEXT QUESTION ON SLIDE FIVE IS WHAT DO OUR PLATS SAY? AND TOWN, AS YOU GUYS KNOW, A PLAT IS SIMPLY AN INSTRUMENT THAT IS RECORDED AT THE COUNTY THAT ESSENTIALLY SUBDIVIDES LAND.
IT TELLS YOU WHAT GOES, WHERE BASICALLY THOSE ARE WHERE YOUR LOTS ARE, WHERE YOUR STREETS ARE, WHERE YOUR EASEMENTS ARE, WHERE YOUR RIGHTS OF WAYS ARE.
YOU HAVE A NUMBER OF PLATS IN TOWN.
UH, THE ONES THAT REALLY POPPED UP AND THE REASON WE'RE HERE IN FRONT OF YOU TODAY IS BECAUSE WE REALLY WANT TO TALK ABOUT SOME OF THESE RESIDENTIAL SUBDIVISIONS, THESE RESIDENTIAL PLATS, PRIMARILY METAL GLEN, AND THE MEADOWS.
THE NEXT SLIDE, WHICH I KNOW IS A LITTLE BIT OF AN EYE TEST, BECAUSE IT'S SO SMALL ON THIS, UH, ON THIS PIECE OF PAPER IS A LITTLE BIT OF A SEGMENT OF MEADOW, GLEN SECTION ONE THAT WAS PLANTED WAY BACK IN 1978.
AS YOU GUYS RECALL, THIS TOWN DIDN'T BECOME A TOWN UNTIL 1983, RIGHT? SO THIS WAS ACTUALLY PLANTED AT THE COUNTY BEFORE YOUR ZONING ORDINANCE EVEN EXISTED.
OKAY? BUT THIS IS AN IDEA OF WHAT THE PLAT SAYS.
THIS IS RECORDED AT THE, THE NEXT SLIDE ON SLIDE SEVEN IS A LITTLE BIT OF A CLOSER, CLOSER UP LOOK AT THAT PLAT.
THIS IS ACTUALLY MEDICAL AND SECTION TWO.
SO IT'S ANOTHER SECTION OF THE SAME SUBDIVISION OR SAME AREA.
UH, IT WAS PLANTED A FEW YEARS LATER, BUT IT'S ROUGHLY THE SAME.
AND YOU CAN KIND OF SEE SECTION TWO, WHICH IS IN THE R TWO ZONING CLASSIFICATION, WHICH IS THAT'S KIND OF SMALLER, LOTS ZONING CLASSIFICATION.
YOU CAN SEE THE WAY THEY STRUCTURED THIS.
YOU COULD SEE THOSE LOTS ARE ABOUT 50 FEET WIDE.
UH, YOU CAN SEE THAT ON ONE SIDE, THERE IS NO SETBACK.
IT'S ON THE LOT LINE, JUST LIKE YOUR R TWO SAYS IT SHOULD BE.
AND THEN ON THE OTHER SIDE AT SETBACK, 10 FEET FROM THE LOT.
NOW, DO YOU GUYS REMEMBER WHAT OUR ORDINANCE SAYS ABOUT OUR, TO OUR ORDINANCE SAYS EIGHT FEET.
SO THERE'S THE DISCREPANCY THERE, RIGHT? IF YOU LOOK AT NUMBER EIGHT, UH, THE MEADOW SECTION ONE, WHICH IS ANOTHER, A LARGE PLAT IN TOWN IS IN THE
AND, UH, OUR POLICE CHIEF JUST ASKED ME IF THE MEETING STARTED, UM, SECTION ONE, UM, WHICH WAS PLANTED WAY BACK IN 1968.
A LITTLE BIT OF A CLOSEUP VERSION OF THAT.
YOU CAN SEE IT'S A LITTLE BIT BLURRY.
IT'S AN OLDER REPLAT, BUT YOU CAN SEE THAT THE BUILDING LINE ON THE FRONT SIDE IS 25 FEET.
IF YOU REMEMBER BACK IN THE ZONING ORDINANCE, THE FRONT SETBACK WAS 18 FEET.
OKAY? SO YOU'RE SEEING THAT THE PLATT HAS A 25 FOOT BUILDING LINE, A LITTLE MORE RESTRICTIVE.
OUR ORDINANCE IS ONLY 18 LESS RESTRICTIVE ON THE REAR SIDE.
YOU'VE GOT A 16 FOOT UTILITY EASEMENT.
WELL, ANYTIME YOU TYPICALLY SEE A 16 FOOT UTILITIES WITHIN THE BACK, IT MEANS THAT ONE NEIGHBOR GETS EIGHT OF IT AND THE OTHER NEIGHBOR GETS TOGETHER.
THAT'S THE EXTENT OF WHICH THE PLAT TALKS ABOUT SETBACKS, RIGHT? YOU CAN'T BUILD INSIDE OF AN EASEMENT.
SO BASICALLY FROM A PLANNING PERSPECTIVE, WE KNOW THAT YOU GOTTA BE AT LEAST EIGHT FEET BACK FROM THAT PROPERTY LINE.
CAUSE THERE'S AN EASEMENT THERE IN THE MEADOWS, ALL THE SECTIONS OF THE MEADOWS.
UM, SO NUMBER, NUMBER 10, SLIDE 10 IS
[00:35:01]
REALLY WHERE THE RUBBER MEETS THE ROAD BECAUSE WE START COMPARING WHAT'S YOUR PLATS THAT ARE RECORDED AT THE COUNTY.AND THEY ARE LEGAL INSTRUMENTS THAT ARE AT THE COUNTY LEVEL, UM, SAY, AND WHAT OUR ORDINANCES SAY.
SO ON OUR ONE, IF YOU GO TO THAT SECOND BULLET, WE HAVE AN 18 FOOT FRONT SETBACK IN THAT ZONING CATEGORY.
OUR ONE HAS A FIVE FOOT SIDE SET BACK.
YOUR PLATS, DON'T GIVE ANY SIDE SETBACKS AND THAT'S NOT UNCOMMON.
DON'T USUALLY GIVE YOU A SET BACK.
YOU NEED TO LOOK AT THE CITY FOR THAT.
BUT, UM, IF YOU KEEP LOOKING DOWN ON THAT LAST BULLET ON OUR ONE, THE REAR SETBACK IN OUR ORDINANCE IS 15 FEET FROM THE BACK.
THERE IS NO REAR SET BACK ON THE PLAT.
HOWEVER, WE DO HAVE THAT EIGHT FOOT UTILITY EASEMENT.
SO IF I CAME INTO TOWN, I NEVER OPENED THE CITY'S CODE BOOK.
AND I JUST WENT OFF THE PLAT TO GO AHEAD AND BUILD A HOUSE, WHICH SOME OF US MAY DO.
UM, I WOULDN'T KNOW ABOUT THAT 15 FOOT, RIGHT.
ARE TOO SIMILAR FRONT SET BACK ON OUR TWO ZONING IS 15.
BUT IF YOU LOOK BACK AT THAT PLAT, THAT'S AN
IT'S ZERO AND EIGHT, BUT THE PLAT SHOWS YOU ROWAN 10 ON THE BACK.
THEY JUST SO HAPPEN TO MATCH UP BECAUSE IT ON THE R TWO, IT HAS AN EIGHT FOOT REAR SETBACK AND A ON THE PLAT ITSELF.
SO THEY MATCH THE NEXT SLIDE IS BASICALLY AN OVERLAY OF WHAT OUR PLAT SHOWS VERSUS WHAT OUR ZONING ORDINANCE SHOWS.
THE RED IS THE ZONING ORDINANCE.
THE BLUE IS WHAT THE PLAN SHOWS.
SO IF I WERE TO COME IN AND I WERE TO GO AHEAD AND BUILD A, A HOUSE BASED ON THE PLAT, IT WOULD BASICALLY BE BOUND BY WHAT'S IN BLUE.
I WANTED TO LOOK AT OUR CITY CODE AND BUILD THAT SAME HOUSE.
IT WOULD HAVE TO BE BOUND BY WHAT'S IN RED, SO YOU CAN SEE HOW THEY DON'T REALLY MESH.
I JUST WANT TO ADD A POINT HERE.
BASICALLY, IF YOU HAD A FIRE IN YOUR HOUSE, BURNED DOWN THE WAY OUR ORDINANCES READ, YOU MIGHT NOT BE ABLE TO PUT YOUR SAME HOUSE BACK THE WAY IT WAS ON THE SAME LOT, RIGHT? YEAH.
AND WE CAN TALK ABOUT THAT FOR SURE.
UH, IN A SECOND, THE, UH, SLIDE 13 IS A REALLY GOOD SLIDE BECAUSE IT ASKS THE QUESTION, WELL, WHAT DO THE LAWYERS SAY? WELL, WE ASKED THAT QUESTION AND HERE'S WHAT THEY SAY.
THE MORE STRINGENT RESTRICTION WILL CONTROL.
WHAT DOES THAT MEAN? WELL, SINCE THE PLAT IS BASICALLY WHAT SOME PEOPLE LIKE TO CALL A RESTRICTIVE COVENANT.
IN OTHER WORDS, IT RUNS WITH THE LAND AND YOUR ZONING ORDINANCE CANNOT OVERRIDE THAT RESTRICTIVE COVENANT.
IT BASICALLY MEANS THAT SINCE THE PLATTE IS MORE RESTRICTIVE, IN OTHER WORDS, THAT SETBACKS 25 FEET, NOT 18.
IF YOU'RE ASKING YOURSELF, DOES OUR ORDINANCE HAVE ANY TEETH HERE? I THINK THE SHORT ANSWER TO THAT QUESTION IS NO.
SO KNOWING THAT AND KNOWING WHAT THE ORDINANCE IS SAY, WHEN SOMEBODY COMES IN AND THEY WANT TO BUILD A HOUSE, THEY'RE REALLY GOING OFF OF THE MORE RESTRICTIVE SETBACKS, BUT IT BITES THEM BOTH WAYS BECAUSE ON THE REAR, EVEN THOUGH THE PLAT DOESN'T HAVE A REAR SETBACK, ONLY THE EIGHT FEET, OUR ORDINANCE SAYS 15 FEET.
WHAT ARE THE LAWYERS SAY? THEY SAY, THE MORE STRINGENT RESTRICTION WILL CONTROL.
SO THEY'RE GETTING BIT, BOTH WAYS, RIGHT? THEY'RE GETTING BIT BY THE MORE RESTRICTIVE CITY ORDINANCE AND THE MORE RESTRICTED FLAT ON THE FRONT SIDE, NICK, JUST, JUST TO CLARIFY MY UNDERSTANDING OF THIS, THEY WOULD HAVE TO APPLY TO THE 15 FEET BECAUSE THAT IS THE MOST MORE RESTRICTIVE, CORRECT.
THAT'S WHAT YOU MEAN BY GETTING BIT BOTH FRONT AND BACK, RIGHT? CAUSE THEY'RE HAVING TO GO MORE RESTRICTIVE ON THE FRONT, WHICH IS PLAT MORE RESTRICTIVE ON THE BACK, WHICH HAS ORDINANCE.
SO IT BASICALLY SHRINKS YOUR HOUSE AND WE CHANGED THE FLATS AND YOU KNOW, GLOBALLY, WAIT A MINUTE.
AND I KNOW RICK IS CHOMPING AT THE BIT ON THAT ONE CAUSE HE KNOWS THE ANSWER.
WELL, I GET ASKED THE QUESTION, HERE'S THE CHALLENGE WITH CHANGE AND APPLY.
I DON'T WANT TO STEAL YOUR THUNDER.
I KNOW YOU WANT TO SAY THIS CHANGE TO CHANGE THE PLAT.
YOU NEED 100% OF THE OWNERS AND THEIR LIEN HOLDERS.
GOOD LUCK THAT AIN'T HAPPENING.
SO EVERYBODY WHO OWNS OR IS THE LIEN HOLDER HAS TO SIGN THAT PLAT.
WELL WHAT ABOUT THE, WHAT ABOUT THE ORDINANCES? COULD WE MAKE OUR ORDINANCES AS RESTRICTED OR MAKE THEM LET'S LET NICK RUN DOWN THROUGH THE AMENDING REMEDIES.
[00:40:01]
UM, SO YEAH, THE CHALLENGE WITH THE PLAT IS THAT ONCE IT'S PLANTED, YOU KNOW, ONCE IT'S ORIGINALLY PLANTED, TYPICALLY IT'S GOT ONE OWNER, RIGHT? THE DEVELOPER, UM, THAT'S EASY.WELL, ONCE IT STARTS GETTING SOLD OFF, YOU GOT ABOUT 150 OWNERS.
THERE IS AN OPTION IN SECTION TWO 12 OF YOUR LOCAL GOVERNMENT CODE, WHICH IS A STATE CODE THAT DOES ALLOW CITIES TO APPROVE WHAT ARE CALLED AMENDING PLATS.
NOW MOST OF THE TIME AMENDING PLATS ARE ESSENTIALLY MEANT TO CORRECT THINGS LIKE SCRIBNER'S ERRORS, MISSPELLINGS, SOMEBODY'S NAMES, WRONG, THAT KIND OF THING.
THAT'S THE KIND OF THING THAT IF IT'S THAT SIMPLE, YOU DON'T NECESSARILY WANT TO GO THROUGH THE WHOLE RIGAMAROLE OF GOING THROUGH P AND Z, GETTING A VOTE, ET CETERA.
WHAT'S CALLED ADMINISTRATIVELY.
THEY BASICALLY PICK SOMEBODY TO GO AHEAD AND APPROVE THOSE PLATS.
ONCE IT'S APPROVED, YOU GO RECORDED AT THE COUNTY AND IT'S AMENDED.
THEY DO HAVE THE OPTION AND AMENDING PLAT TO MODIFY A SETBACK.
HOWEVER, TO DO THAT, YOU AS A COUNCIL AND AS A PNC HAVE TO CHOOSE SOMEBODY, EITHER AN EMPLOYEE OR AN OFFICER OF THE CITY TO BASICALLY MAKE THAT CALL.
SO IT IS AN OPTION, BUT I'LL TELL YOU THAT WHILE WE HAVE I'VE EXPERIENCED CITIES DOING AMENDING PLATS, FOR THINGS LIKE MISSPELLINGS, I'VE NEVER SEEN ONE, DO ONE WHERE YOU CHANGE THE SETBACK BEFORE THE OTHER BIG CAVEAT TO THIS, IS IT WITHIN AMENDING PLAT? YOU DON'T NECESSARILY HAVE TO NOTIFY THE NEIGHBORING PROPERTY OWNERS.
SO YOU COULD DO THIS ADMINISTRATIVELY WITHOUT THE NEIGHBORS KNOWING ABOUT THAT'S AN IMPORTANT POINT.
IT'S DOABLE, BUT I JUST WANT YOU TO KNOW THAT IN ADVANCE.
UM, SO ALL THESE BULLETS JUST BASICALLY SAY WHAT I JUST SAID.
THERE'S BASICALLY THREE REMEDIES HERE.
AMENDING IS ONE REPLAT IS ANOTHER ONE, A PARTIAL REPLAT IS ANOTHER ONE.
UH, THE CHALLENGE WITH A REPLAT OF A LOT OUTSIDE OF A SUBDIVISION IS THAT EVENTUALLY YOU'RE GOING TO HAVE A BUNCH OF, ONE LOT SUBDIVISIONS IN TOWN.
IT'S GOING TO GET PRETTY DARN CONFUSING, RIGHT? BECAUSE IT'S GOING TO BE, UM, YOU KNOW, UH, SO-AND-SO'S 60 FOOT LOT SUBDIVISION OUT OF A HUGE 1968 FLAT OR SUBDIVISION.
RIGHT? AND SO YOU DO THAT ENOUGH TIMES.
REALLY WHAT YOU'RE DOING IS YOU'RE CREATING ONE LOT SUBDIVISIONS TO BASICALLY AMEND SETBACKS.
I MEAN, IT DOESN'T REALLY DO MUCH GOOD FOR THE CITY BECAUSE IT GETS REALLY CONFUSING.
AND ESSENTIALLY YOU'RE ASKING SOMEBODY TO GO SPEND A LOT OF MONEY ON A SURVEYOR AND TO GO THROUGH THE PROCESS OF REPLANTING A 60 FOOT LOT CALLING IT THE STAGOLEE ESTATE.
AND YOU, UM, YOU GO RECORD IT AS A ONE LOSS.
SO AT THE COUNTY, WE'RE SEEING A LOT OF REPLANTS IN FALLBROOK.
UM, A LOT OF PEOPLE BOUGHT TWO LOTS AND THEN PUT THEIR HOUSE ACROSS THE TWO LOT LINES.
BUT NOW THEY'RE PAYING FOR TWO HOMEOWNER'S FEES BECAUSE THEY'VE GOT TWO LOTS.
SO THEY'RE COMING IN REPLANTING AS ONE LOT SO THEY CAN REDUCE THEIR HOMEOWNER FEES TO ONE.
UM, WE EXPECT EVENTUALLY THE HOA IS JUST GOING TO DOUBLE THEIR FEES, BUT YOU KNOW, ONE THING OR ANOTHER, IF, IF, IF IN THE LIFE OF MEADOWS PLACE IN THE FUTURE, WE START SEEING PEOPLE THAT WANT TO COME IN AND THEY WANT TO BUY TWO 60 FOOT LOTS, TWO 50 FOOT LOTS, ALL THOSE, THE TWO HOUSES AND PUT ONE RIGHT IN THE MIDDLE, WE WILL HAVE TO TALK ABOUT REPLANTING.
WE WILL HAVE TO TALK ABOUT WHAT DO YOU DO WHEN SOMEBODY WANTS TO BUILD OVER A LOT? UM, THAT'S GOING TO HAVE TO BE A DISCUSSION.
UM, THE THIRD REMEDY IS SIMPLY TO AMEND YOUR ORDINANCE TO COMPLY WITH WHAT THE PLAN SAYS, RIGHT? SO YOU LOOK AT WHAT THE PLAT SHOWS, THE 25 FOOT SETBACK, THE NO SETBACK ON THE REAR.
YOU BASICALLY MAKE YOUR ORDINANCES MATCH WHAT THE PLATT SAYS, AND THEN THERE'S NO CONFLICT.
UM, RIGHT NOW STAFF IS STRUGGLING BECAUSE WHAT YOU HAVE IS YOU HAVE A CITY ORDINANCE, YOU GOT TO PAY ATTENTION TO A PLAT, YOU GOT TO PAY ATTENTION TO, AND THEY DON'T SPEAK WELL TO EACH OTHER.
RIGHT? AND SO WHAT YOU MIGHT WANT TO LOOK AT DOING, AND ULTIMATELY SINCE THIS LIVES IN THE ZONING ORDINANCE, P AND Z IS GOING TO HAVE TO GIVE YOU GUYS A RECOMMENDATION ON WHAT TO DO.
UM, YOU MIGHT WANT TO LOOK AT THAT ORDINANCE, AMEND IT IN SUCH A WAY THAT IT COMPLIES WITH WHAT'S ON THE PLAT.
AND THEN WE KNOW FOR SURE WHAT WE'RE WORKING WITH BECAUSE IN MOST CASES AND A LOT OF CASES, AS PEOPLE COME IN AND THEY WANT TO MODIFY THEIR HOUSES, CHANGE THEIR HOUSES, BUILD
[00:45:01]
NEW HOUSES IN MEADOWS PLACE.MANY OF THEM ARE NOT GOING TO GO CRACK, OPEN YOUR CODE BOOK.
THEY'RE JUST GOING TO LOOK AT THE SURVEY, WHICH TYPICALLY JUST TAKES HIS CUES FROM THE PLAT.
SO THEY'RE NOT GOING TO FIND THAT 15 FOOT REAR SETBACK AND THEY'RE GOING TO GET CAUGHT AND WE TRY TO AVOID SURPRISES.
SO THAT'S KIND OF WHERE WE ARE RIGHT NOW.
UM, I DON'T LIKE BRINGING THIS KIND OF STUFF TO YOU GUYS, BUT, UM, I LOVE IT TO ALLOW FOR REFLEX, WHICH CREATES A LITTLE SUBDIVISION WITHIN THE SUBDIVISION.
WE HAD TO APPOINT AN OFFICER OR AN EMPLOYEE.
AND WHAT IS THE RESPONSIBILITY OF THIS PERSON? THAT PERSON WOULD ESSENTIALLY UNILATERALLY BE ABLE TO APPROVE A CHANGE TO A PLAT, UM, WITHIN THE BOUNDS OF CHAPTER TWO 12.
SO CORRECTING HIS MISSPELLINGS OR CHANGING SETBACKS.
UM, AND THEN THIS PERSON WOULD HAVE AUTHORITY TO APPROVE A PLAN AND THEN GO REFILE IT WITH THE COUNTY.
CORRECT? OH, IT WOULD NOT HAVE TO GO THROUGH P AND Z.
IT WOULD NOT HAVE TO GO THROUGH COUNCIL COUNTY JUST ACCEPTED.
CAUSE I WAS SITTING THERE LISTENING TO DAVE WAS SAYING THAT, DO WE HAVE ANY, UM, ANY ABILITY TO AMEND WHAT THEY CAN OR CAN'T DO? OR IS IT WRITTEN STATE LAW? THIS IS WHAT THEY CAN DO.
TALKING ABOUT THE PERSON WHO DOES THE AMENDING PLATS.
I MEAN, I SUPPOSE THAT AS A COUNCIL, YOU COULD BASICALLY CREATE SOME PARAMETERS.
RIGHT? YOU COULD SAY, HERE'S YOUR BOX.
WELL, IF YOU'RE ASKING TO LEAVE A QUESTION, UM, THAT'S ALL RIGHT, BUT I MEAN, PERSON APPOINTED FOR A TERM UP TO YOU GUYS.
YOU CAN SET IT UP BY ORDINANCE AND SAY THE MAYOR, THE CITY ADMINISTRATOR, THE, WHOEVER IT IS, SHALL HEREBY BE DESIGNATED AS THE PERSON THAT CAN DO AMENDING PLANS.
WE JUST DON'T HAVE ANYTHING RIGHT NOW IN OUR CO'S THAT ALLOWS FOR THIS PROCESS, STATE LAW LETS YOU DO IT.
WE DON'T HAVE A ROADMAP AT THE CITY LEVEL TO SAY, WHO DOES IT? AND WHAT'S THE DOWNSIDE TO THIS.
IT'S YOU'RE GIVING SOMEBODY THE LATITUDE TO MAKE SOME DECISIONS YOU MAY DISAGREE WITH, YOU KNOW, TO REPLY.
IF SOMEONE MAKES LOGICAL DECISIONS, IT'S NOT CONSTANT US MONEY.
AND THE ONCE IN A FEW MONTHS OR ONCE IN A YEAR TIME WHEN SOMEBODY WANTS TO AMEND A SETBACK BECAUSE THEY WANT TO BUILD THE DREAM HOME OR SOMETHING, UM, THEN COUNCIL REALLY NEVER SEES IT.
THEY NEVER HAVE ANY VISIBILITY.
UM, BECAUSE ALL THAT STUFF RUNS THROUGH THE STAFF AND EVENTUALLY WE GIVE THEM A BUILDING PERMIT AND IF THEY CHANGE A SETBACK, THEN IT'S DONE AT THE, AT OUR LEVEL, NOT AT THE CITY COUNCIL.
UM, SO I WILL SAY THAT THERE'S SOME, UH, THERE'S SOME SENSITIVITY TO THAT, RIGHT? BECAUSE THE PERCEPTION IS THAT THAT PERSON GETS TO DECIDE AND OH, BY THE WAY, THE NEIGHBORS NEVER SAW IT.
AS WE AGE, IF, IF WE GET INTO A SITUATION WHERE PEOPLE WANT TO START REALLY MODIFYING HOUSES OR BUILDING NEW HOUSES OR THAT KIND OF THING, CHANCES ARE, THEY'RE GOING TO RUN UP AGAINST SETBACKS THAT THEY DISAGREE WITH.
AND THAT'S WHERE STAFF'S GOING TO LOOK FOR SOME DIRECTION.
WHAT DO OTHER, I THINK RICK MIGHT WANT TO HAVE SOMETHING TO SAY ABOUT THAT.
SO WHENEVER I'VE GOT A VACANCY, I'M THE ONE THAT HAS TO GO DOWN TO HOUSTON, UM, PLANNING COMMISSION AND SIT THERE AND LISTEN TO THOSE THINGS.
IF IT, IF IT APPLIES OR IF IT COMPLIES WITH CHAPTER 42, WHICH IS THE CITY'S CODE, IT IS A, UH, SHALL APPROVE ITEM.
EVEN THOUGH YOU SIT THERE AND LISTEN TO IT.
AND WE HAVE COMMISSIONERS THAT WILL VOTE AGAINST IT.
IF FOR THE OVERALL COMMISSION WOULD BE, WOULD VOTE AGAINST SOMETHING, THAT'S A SHALLOW APPROVED ITEM, THE CITY ATTORNEY'S PROBABLY GONNA OVERRULE THEM AND SAY IT'S APPROVED.
SO I MEAN, TALKING MORE ABOUT THE PROCESS, AS LONG AS IT COMPLIES WITH CHAPTER 42, BUT HOW DID THEY CHANGE THE PLAN? THAT'S KIND OF WHAT I'M ASKING TO BE.
THEY SAY, I WANT THIS AMENDING PLOT.
THEY HAVEN'T AMENDING PLAT FORM THAT BASICALLY THEY SIGNED.
I DON'T KNOW ABOUT HOUSTON, BUT WELL, I MEAN, YOU'VE GOT THE CHAIRPERSON AND THEY'VE GOT A STAFF OF ABOUT A DOZEN.
WE COULD APPOINT ONE PERSON, STAFF,
[00:50:01]
VOLUNTEER STAFF SO THAT, SO TO ADD EVEN MORE CONFUSION TO THIS, WHAT I DON'T WANT TO DO, BUT I GOT TO, UM, SOMETIMES PEOPLE WILL SAY, HOW COME I CAN'T GO GET A VARIANCE? WHAT'S YOUR BOARD OF ADJUSTMENT DO? WELL, THE ANSWER TO THAT QUESTION IS YES, YOU CAN ASK FOR A VARIANCE, BUT ONLY IF IT VIOLATES YOUR CITY ORDINANCE, YOU CAN'T GET A VARIANCE FROM THE PLAT.SO IF I WANT TO VIOLATE THE REAR SETBACK THAT 18 AT 15 FOOT, WHICH IS IN YOUR CITY CODE, I COULD ASK THE BOARD OF ADJUSTMENT THAT QUESTION.
BUT IF YOU SEE ON NUMBER 16, THE CHALLENGE WITH THAT IS THEY HAVE TO DETERMINE WHETHER OR NOT YOU HAVE AN UNNECESSARY HARDSHIP.
AND THAT'S GOING TO BE TOUGH TO PROVE BECAUSE YOU CAN SEE ON THAT THIRD BULLET, THAT'S BASICALLY THE CRITERIA FOR AN UNNECESSARY HARDSHIP.
YOU CAN'T, SELF-IMPOSE AN UNNECESSARY HARDSHIP.
YOU CAN'T BUILD A HOUSE OR SAY YOU WANT TO BUILD A HOUSE FOR A VARIANCE DUE TO BOI.
BUT IF SOMEBODY WANTS TO VIOLATE THAT FRONT SETBACK, WHICH IS ESTABLISHED BY YOUR PLAT, THEN THE BOA WOULD NOT BE THE APPROPRIATE PARTY TO GO THROUGH, UH, IN ORDER TO, UH, AND SO AGAIN, WE COME DOWN TO, WE GOT TO TWO VEHICLES BEING DRIVEN BY TWO DIFFERENT PEOPLE, SITTING IN THE SAME, SAME AREA.
BUT IT SOUNDS TO ME THAT THE ONLY WAY SOMEBODY WANTS TO BUY TWO LAUNCH AND BUILD A HOUSE, YOU CAN DO THAT.
OR YOU CAN REPLY, WHICH QUITE FRANKLY I WOULDN'T RECOMMEND BECAUSE IT GETS MESSY.
A PARTIAL REPLY ONLY REQUIRES THE OWNER OF THE PARCEL.
THAT'S BEING REPLANTED, RIGHT? IF YOU WANT TO, REPLOT THE ENTIRE SECTION.
THAT'S THE ONE THAT TAKES THE 100%.
IT'S A PARTIAL REPLOT AND ONLY YOU AND YOUR LIEN HOLDER HAVE TO SIGN OFF ON IT.
YOU HAVE TO NOTIFY DEPENDING ON WHICH CODE IT IS.
UM, YOU GOTTA NOTIFY THE NEIGHBORS WITHIN A CERTAIN DISTANCE, HOLD A PUBLIC HEARING, THEN, THEN, UH, IT WOULD GET VOTED ON.
I WANT TO, SO I WANT TO JUST THROW THIS OUT.
OUR ZOOM IS ENDING IN EIGHT MINUTES.
WE MADE A MISTAKE INSTEAD OF FOR AN HOUR INSTEAD OF TWO.
SECONDLY, I WANT THIS, I WANT TO ASK THIS QUESTION.
IF WE AMEND THE ORDINANCE TO MATCH THE PLANT, IS ALL THIS STUFF BASICALLY GO AWAY? WELL, IT WOULD FROM A STAFF STANDPOINT BECAUSE WE NOW DON'T HAVE TO RULE BOOKS TO GO BY.
WE HAVE ONE, BUT THE REAL QUESTION FROM A LEGISLATIVE STANDPOINT FOR YOU GUYS IS DO I WANT A 25 FOOT SETBACK ON EVERY LOT IN TOWN? OR DO I WANT, YEAH, THAT'S GOING TO BE A BIGGER DISCUSSION BECAUSE WE'RE GONNA HAVE TO START TALKING ABOUT BUILDING OVER LOT LINES.
AND WILL THE CITY ALLOW YOU TO BUILD OVER LOT LINES? IF NOT, THEN WE GOTTA SET UP A REPACK PROCESS, UH, TO HANDLE THAT.
BUT REALLY THE QUESTION WE HAVE RIGHT NOW IS ON ONE LOT.
IF SOMEBODY COMES IN AND WANTS TO BUILD, MODIFY A HOUSE RIGHT NOW, YOUR FRONT SETBACKS AT 25 YEARS AT 15, AND THOSE TWO RULES COME OUT OF TWO DIFFERENT RULE BOOKS COUNCIL, MY RECOMMENDATION WOULD BE THAT WE CHANGE OUR ORDINANCES TO MATCH THE PLATS.
THAT COMES UP IN THE REGULAR MEETINGS.
NO, WELL WE'RE SETTING A PUBLIC HEARING I THINK.
I DON'T THINK WE NEED TO GO ANY FURTHER WITH THAT.
AND I GOTTA TELL YOU I'M SO IMPRESSED BY HOW INTELLIGENT ALL HE, ALL PEOPLE SOUNDED.
UM, WITH THAT, I'M GOING TO MOVE ON TO ONE, ONE MORE P AND Z SAY, DO I HAVE ANY QUESTIONS OR COMMENTS? OKAY, WELL YOU HAVE TO TALK IN YOUR MATH MICROPHONE TO HEAR IT.
ARE, CAN YOU HEAR ME NOW? YES.
SO IF WE MATCH, UH, THE PLOTS AND ORDINANCES IN CASES, SECTION ONE, YOU GOT A 25 FOOT FRONT SETBACK AND A 15 FOOT REAR.
WHAT IF YOU HAVE STRUCTURE THAT'S ALREADY ON THAT 15 FOOT, OTHER REVISION WOULD GO TO EIGHT FOOT OR ACTUALLY IT WOULD TAKE OUT THE REAR SETBACK AND IT WOULD JUST BE RULED BY THE UTILITY EASEMENT.
JUST THE EASE, GOING TO BE THE EIGHT FOOT UTILITIES.
WHAT DO WE NEED TO DO TO BRING THE FRONT AND BUILDING LINE CLOSER TO THE STREET? I'M THINKING THAT'S A WHOLE DIFFERENT BALL GAME.
BECAUSE YOU KNOW, SOMEBODY'S GOING TO WANT TO BUILD A MCMANSION.
[00:55:04]
ULTIMATELY WE DO EVEN WITH NEW ORDINANCES.SO THE CITY, THE CITY WOULD, YOU CAN ALSO BE SUED BY YOUR NEIGHBOR FOR VIOLATING THE PLATT P AND Z.
P AND Z MEMBERS ON THE PHONE WHO JOINED US? TELE MAGICALLY.
AND I'M MOVING ON TO ITEM E UM, WHICH IS A GERMAN.
I HAVE A MOTION MOTION BY RICK SECOND BY STEVE.